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PR 23336: AGREEMENT WITH ELITE CONTRACTORS & EQUIPMENT, LTD
w City of (.1 ort rthu, www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 14, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Director of Public Works RE: PR 23336: Authorizing the City Manager to enter into an agreement with Elite Contractors & Equipment, LTD, of Kirbyville, Texas for the Mechanic Street and S. 1st Avenue Roadway Reconstruction Project in Sabine Pass, Texas. Project ST1P9O.CON. Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to execute an agreement with Elite Contractors&Equipment,LTD,of Kirbyville,Texas for the Mechanic Street and S. l'c Avenue Roadway Reconstruction Project in Sabine Pass,Texas,for the amount of$2,565,230.00. Background: The City of Port Arthur received the infrastructure grant from the Texas Department of Transportation's(TxDOT)Rider 37 Grant Program from its Maritime Division to improve access and drainage to the Port of Sabine Pass. Mechanic Street from Dowling Street(Highway 87)to South 1'Avenue has been selected by the Texas Legislature for funding since it provides access to the Port. Pursuant to Resolution No.22-286,the City of Port Arthur entered into an Advanced Funding Agreement(AFA)with the Texas Department of Transportation(TxDOT)for a Texas Mobility Grant Fund(TMF)to reconstruct Mechanic Street. The Purchasing Department advertised for interested parties to bid on the project on July 31, 2023 and August 8, 2023 under Bid No. P23-057. Bids were received and opened on August 30, 2023 with four(4)bids received. After review by the Public Works Engineering Department and staff, it was determined that Elite Contractors&Equipment, LTD, of Kirbyville, Texas, was the lowest responsible bidder. Budget Impact: Funds are available in the Street Capital Fund Account:307-21-053-8517-00-10-000 and TxDOT Account No. 161-07- 015-8517-00-60-000.Project No. ST1P90.CON. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR 23336 authorizing the City Manager to execute an agreement with Elite Contractors & Equipment, LTD, of Kirbyville, Texas for the 2022-2023 Street Rehabilitation Project: District 1 for$4,377,370.00. Mechanic Street and S. 1st Avenue Roadway Reconstruction Project in Sabine Pass,Texas for the amount of$2,565,230.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2023\MECHANIC STREET PROJECT\Agenda\Agenda Memo ELITE AWARD-MECHANIC.docx PR No. 23336 9/14/2023 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ELITE CONTRACTORS & EQUIPMENT, LTD, OF KIRBYVILLE, TEXAS FOR THE MECHANIC STREET AND S. 1ST AVENUE ROADWAY RECONSTRUCTION PROJECT IN SABINE PASS, TEXAS FOR THE AMOUNT OF $2,565,230.00. FUNDING AVAILABLE IN THE CAPITAL IMPROVEMENT STREET ACCOUNT NO. 307-21-053-8517-00-10- 000 AND TXDOT ACCOUNT NO. 161-07-015-8517-00-60-000. PROJECT ST1P9O.CON. WHEREAS, The City of Port Arthur received the infrastructure grant from the Texas Department of Transportation's (TxDOT) Rider 37 Grant Program from its Maritime Division to improve access and drainage to the Port of Sabine Pass. Mechanic Street from Dowling Street (Highway 87) to South 1st Avenue has been selected by the Texas Legislature for funding since it provides access to the Port; and, WHEREAS, pursuant to Resolution No. 22-286, the City of Port Arthur entered into an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) for a Texas Mobility Grant Fund (TMF) to reconstruct Mechanic Street and S. 1st Avenue in Sabine Pass, Texas; and, WHEREAS, the City of Port Arthur publicized its invitation to bid for interested parties on July 29, 2023 and August 5, 2023, respectively, under Bid number P23-057; and, WHEREAS, four (4) bids were received and opened on 30th day of August 2023; and, WHEREAS, the bid tab is attached hereto as Exhibit A; and, WHEREAS, Elite Contractors & Equipment, LTD of Kirbyville, Texas was determined to be the lowest responsible bidder for the amount of $2,565,230.00; and, PR No.23336 9/14/2023 mje Page 2 of 3 WHEREAS, approval of PR23336 is herein deemed an appropriate action; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized to enter into a contract with Elite Contractors & Equipment, LTD of Kirbyville, Texas, for the reconstruction of Mechanic Street and S. 1st Avenue in Sabine Pass, Texas for the amount of $2,565,230.00 in substantially the same form attached hereto as Exhibit B; and, THAT, funding is available in the Capital Improvement Street Account No. 307-21-053- 8517-00-10-000 and TxDOT Account No. 161-07-015-8517-00-60-000; 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 of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartie Mayor PR No.23336 9/14/2023 mje Page 3 of 3 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION (J c‘g Aeno, Esquire Ron Burton ' City Attorney City Manager APPROVED AS TO AVALIABILITY OF FUNDS: -1\C' - \_ c-4 .A.i'Vef Kandy Daniels Finance Director i // / •1 .,,A ozelletRobe , 1 , MEng, MPA, CPM Direct Publi W'rks , it/ ii ,', z,, Clifton Williams, CPPB Purchasing Manager EXHIBIT A Fittz & Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Terry G.Shipman,P.E.,Senior Consultant Daniel A.Dotson,P.E.,President Bernardino D.Tristan,P.E.,Chief Executive Officer Donald R.King,P.E.,Vice President September 13,2023 Mr.John Cannatella,P.E. City Engineer City of Port Arthur 444 4th Street Port Arthur,Texas 77640 Re: Mechanic Street and S.1"Street,Sabine Pass Pavement Improvement Project FS Proj.No.22099 Recommendation for Award of Bid(P23-057) Dear Mr.Cannatella: Bids for the City of Port Arthur Mechanic Street,Sabine Pass Project were received and opened at 3:00 pm Wednesday,August 30,2023. A total of four(4)bids were received for this project. A detailed tabulation of the bids received is attached. A summary of the bids received is as follows: Bidder Base Bid Elite—Kirbyville,TX $2,565,230.00 BDS Constructors LLC dba MK Constructors— $2,635,040.00 Vidor,TX ALLCO Inc.—Beaumont,TX $2,811,982.00 Triangle Civil Services—Beaumont,TX $3,030,820.87 Elite Contractors&Equipment LTD of Kirbyville,Texas was the low bidder at$2,565,230.00 on the basis of the Total Amount Base Bid. Elite Contractors&Equipment LTD appears to be qualified to complete this project based upon their submitted qualification statement,previous work for the City of Port Arthur,and references. Fittz and Shipman,Inc. recommends the City of Port Arthur award this contract to Elite Contractors&Equipment LTD the lowest responsive bidder on the basis of the Total Amount Base Bid for a total contract award of$2,565,230.00 Should you have any questions or comments,please contact me. Fittz &Shipman, Inc. _ mow" L By: Alberto C.Elefano,P.E. For the Firm Attachment 1405 Cornerstone Court-Beaumont,Texas 77706•(409)832-7238•Fax(409)832-7303 501 Procter Street,Suite 323•Port Arthur,Texas 77640.409-999-6023 Texas Board of Professional Engineers Firm No. 1160-Texas Board of Professional Land Surveyors Firm No. 100786 EXHIBIT B SPECIFICATIONS AND CONTRACT DOCUMENTS RIDER 37 GRANT SABINE PASS MECHANIC STREET & SOUTH 1st AVENUE ROADWAY RECONSTRUCTION PROJECT Coy of WTI i 1 f � / ',,'I i ` +/J urt rthu� Jr r„, CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS F July 2023 5.f''''� •.. -%.04 Not r*' �� i *r r.•.,DANIELA. DOTSON r t -o: 109833 i. f Prepared by: rlll�ieF.</pENS�9•''\.4"�~� tall 1111 „-%-/ FittzjShipman 7/°Zg703 INC, Consulting Engineers and Land Surveyors T.B.P.E FIRM No. F-01160 T.X.L.S FIRM No. 100186 501 Procter Street, Suite 323 Port Arthur, TX 77640 (409) 832-7238 I i THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS o j t r t h uc ,,._ CITY SECRETARY DONEANE BECKCOM HAROLD L.DOUCET,SR THOMAS KINLAW III Texas DONALD FRANK,SR. JULY 31, 2023 INVITATION TO BID SABINE PASS MECHANIC STREET & SOUTH 1ST AVE. ROADWAY RECONSTRUCTION PROJECT 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:P23-057 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 writin) 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 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. eg-pf, 0.%/leeli-krtd- Clifton Williams, CPPB Purchasing Manager Page 2 of 3 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Sabine Pass Mechanic Street & South 1st Ave Roadway Reconstruction Project is scheduled for August 10, 2023 at 10:00 A.M., the 5th Floor Council Chambers located at 444 4th Street, Port Arthur, Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 3 TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID E. BID BOND F. GENERAL CONDITIONS G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. ROADWAY REPAIR BOND L. NOTICE OF AWARD M. NOTICE TO PROCEED N. INSURANCE O. TECHNICAL SPECIFICATIONS P. QUALIFICATION STATEMENT Q. HOUSE BILL 89 VERIFICATION R. NON-COLLUSION AFFIDAVIT S. AFFIDAVIT T. SB 252 CHAPTER 2252 CERTIFICATION U. FEDERAL CLAUSES V. CHILD SUPPORT CERTIFICATION APPENDICES APPENDIX A — Form for Request of Time Extension APPENDIX B — Special Provisions APPENDIX C — Geotechnical Report SECTION A CONSTRUCTION CONTRACT AGREEMENT CONSTRUCTION CONTRACT AGREEMENT [Federally Funded Projects] 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 Elite Contractors & Equipment, LTD of Kirbyville, Texas , herein acting by and through Chief Officer, 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 Mechanic Street and S. 1st Roadway Reconstruction Project in Sabine Pass, Texas 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 210 standard workweek working days as specified in the Notice to Proceed and TxDOT specification items 1-9 specifically section 8.3.1.4, excluding, 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 or by written permission of the Engineer. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $2,565,230.00 , or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Construction Contract Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Scale (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Roadway Repair Bond (L) Maintenance Bond (M) Notice of Award (N) Notice to Proceed (0) Insurance (P) Specifications A-1 Addenda: No. 1 , dated August 18, 2023. No. 2 , dated August 28, 2023. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: City of Port Arthur BY: CONTRACTOR: NAME: Ron Burton TITLE: City Manager Elite Contractors & Equipment, LTD BY: NAME: Breck Sauls ADDRESS: 27075 Hwy 96 S Kirbyville, Texas 75956 [CORPORATE SEAL] ATTEST: NAME: A-2 SECTION B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 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: SABINE PASS MECHANIC STREET & SOUTH 1ST AVE. ROADWAY RECONSTRUCTION PROJECT 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. MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, AUGUST 10, 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. Cli Williams Purchasing Manager FIRST PUBLICATION: July 29,2023 SECOND PUBLICATION: August 5, 2023 F 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-1 The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER,within said period, of reasons which, in the sole discretion of the OWNER,justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified,the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within fifteen (15)calendar days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney. 4. NOTICE TO PROCEED Notice to Proceed shall be issued within fifteen(15)calendar days of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the fifteen(15)calendar day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits(No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount]aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, (City of Port C-2 Arthur and Contractor and all persons providing services shall comply with the worker's compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, 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 Fittz&Shipman, Inc., its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury$1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Comprehensive Automobile Liability (Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill C-3 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 orforall 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 of Contract, description of the job, and name of OWNER'S representative who is familiar C-5 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. 14. EQUAL OPPORTUNITY C-6 Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Five percent (5%) of the amount of each periodic progress payment shall be retained, by OWNER, until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. PRE-BID CONFERENCE Prospective bidders shall be required to attend the Pre-Bid Conference outlined in page C-9 of the Information to Bidders. Bids received from firms or individuals not listed on the roll of attendees of the Pre-Bid Conference will be rejected and returned unopened to the bidder. A NON-MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on: Thursday, August 10 2023 at, 10:00 a.m., at City of Port Arthur City Hall, 444 4th Street, 5th Floor Conference Room, Port Arthur, TX 77640. The purpose of the PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction.No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s)to clarify the intent of the Contract Documents. C-7 SECTION D BID SCHEDULE ogr- BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O.BOX 1089 PORT ARTHUR,TEXAS 77640 Proposal offl Cc f &c , (-TO__ (hereinafter called "BIDDER"), organized and existing under the laws of the State of 7--4 aS , doing business as * S--Corp , and acting by and through to the City of Port Arthur, Texas(hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of SABINE PASS MECHANIC STREET & SOUTH 1sT AVE. ROADWAY RECONSTRUCTION PROJECT 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 by and for final completion of the PROJECT by as specified in the Notice to Proceed, excluding, 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 $420.00 for each consecutive standard workweek workint day thereafter excluding, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 51 of the General Conditions and specified in the 2014 TxDOT specifications items 1-9 specifically sections 8.3.1.4. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: I cfbgb-,3 S� a /ter/aj ss *Insert"a corporation," "a partnership," or"an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: D1 BID SCHEDULE NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder with Tax Exemption Certificate for materials used on this project. BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 1 4.6 Ac. PREPARING RIGHT-OF-WAY, complete in place @ Tl.,J O -R-triAsevvi ,1 k -s cnr� urn c kS $ cQgDOOao $ ace) per Acre 2 1 L.S. Mobilization/demobilization, complete in place @ Tiro kur'rrd -Nt s M do1la�s Qnd. z{�a ertfc $ �501coo. $ o`L�iaDoa°a per lump sum 3 1120 C.Y Excavation, complete in place @ Fi n do((acc Qnti -era e'en-FS $ 45:pD $ 147 cf0D.1) ° per cubic yard 4 8037 S.Y Mill existing 3" asphalt street pavement & base, salvage onsite for base for new roadway, complete in place @ F Ut- (*o(k 2rc $ oo $ /g5°' and zeco cen-ts per square yard 5 882 S.Y Removing existing asphalt driveway, complete in place @ Ten dollars and Zero cents $ /0.aa $ 8 roman per square yard 6 440 S.Y Removing existing rock driveway, complete in place dollars end 24m cea-15 $ /o-°0 $ 40 Do per square yard D2 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 7 68 S.Y Removing existing concrete driveway, complete in place @ SG1en �iUc d' tkrs a -2ero e �,-Es $ ?5 017 $ 5100.bn per square yard 8 305 S.Y Removing existing dirt driveway, complete in place @ F�t tTe I t ,,� nc1 Z.c� ccn-�5 $ 5.oo $ I, 5�5,�0 per square yard 9 35 L.F. Removing existing 12" storm sewer, complete in place @ R-C+e-en Aollkrc and Da 2 co crY�.-k $ 15 co $ ,� per linear foot 10 92 L.F. Removing existing 15" storm sewer, complete in place @ FC ALlarc c d 2cro c.erc�S $ 1 S.°� $ 1j MO" per linear foot 11 68 L.F. Removing existing 18" storm sewer, complete in place @ F ci-ce rt dol la r c veld ZL( c erck $ ) D v^a $ i, )'vo per linear foot / 1 d y 12 22 L.F. Removing existing 24" storm sewer, complete in place @ P 4-c.en do l k cs 411i ?fro c�nfs $ JS. D a $ 3�3C per linear foot 13 2,913 S.Y. 7" Reinforced Concrete Pavement, complete in place @ ��n e y d cHeif5 anct per square yard D3 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 14 6,798 S.Y. 10" Reinforced Concrete Pavement, complete in place @ tOoe I- wvkrecl +cc dollar' per square yard 15 12,140 S.Y. 1" HMAC bond breaker, complete in place 1 @ ��eliev4e..en AOI(Qv ,into oa -Pi -P-4-y ceAAs $ 175 $ per square yard 16 12,140 S.Y. 8" cement stabilized sub base (6% DC) (In Place & Salvaged Fill) TxDOT Item #275, complete in place @ Rf+cen Ions end( $ 1 s $ ISat, lDt)oa ? co c eMs per square yard 17 1,602 S.Y. 3' Shoulder Reinforced Concrete (10"), complete in place @ Or }tom► *ten ills rs per square yard 18 572 S.Y. 3' Shoulder Reinforced Concrete (7"), complete in place @ Nine,-E-c A011p rS ands c2es\As $ Qo.°° $ 51, qco per square yard 19 738 S.Y. 6" Reinforced concrete driveway pavement (Boat Ramp), complete in place @ ��sh ���e_ $ $ 10a, 7 .aa anA per square yard D4 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 20 123 C.Y. Excavation to grade at boat ramp for pavement, complete in place dottlfs $ 15.`'0 $ I, ei#5.bz) C,r`d uro eer\i5 per cubic yard 21 804 S.Y. 6" Reinforced concrete driveway pavement, complete in tplace @ E5 IZ- i-i cc_ ko(ar5 o 0 (r C P $ 85. $ $ 3 ° a cr,d 7 per square yard 22 415 S.Y. 8" flex base driveway pavement, complete in place @ (le ckcLks$ rr�� Zx( D cetnS $ 'T�°� $ l�j fa?S°o per square yard 23 18 S.Y. 2" HMAC driveway pavement over 8" flex base, complete in place @ (moo 640,A reck do(IQrc a ��err) cents $ $ 3,1 • per square yard 24 5,359 L.F. Re-grade existing roadside ditches, complete in place @ (en uas' a nd 2-G2� cen- S $ to° $ 53,540. a per linear foot 25 650 L.F. Outfall ditches from Mechanic to Granger Ditch, complete in place @ 1T 'e,M14 aI(4« End per linear foot 26 549 L.F. 18" RCP storm sewer, complete in place 'Leper near ots �� od $ $ 4l t)a D5 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 27 401 L.F. 24" RCP storm sewer, complete in place @ OrOne_kuncirizti rliNIPkt4 i✓e ao t to(r, 6 tck ZP(c) C tr1TS $ '35 0 D $ per linear foot 28 98 L.F. 30" RCP storm sewer, complete in place @ T,)D hu tarea. -A a.k i T 1 ve at:1110r5 Ono ?r(o ['CC V&S $ $ 050,b per linear foot 29 40 L.F. 36" RCP storm sewer, complete in place @ k 'cA .ciXj, -PtL e Ao li rc and tt c•ealt5 $ $ /o, 6X.00 per linear foot 30 160 L.F. 24" DIPS DR-21 Fuse Welded HDPE Sleeve, complete in place ar)(1zr� c.4� 2rf� S $ aa5 co $ p�Dab per linear foot 31 5 Ea. Concrete surface inlet, complete in place iw C -i ayvt 7,zrc fdS $ 14f goo, o6 $ �y�ODODa per each 32 2.34 Ac. Hydromulch Seeding of ROW, incl. fertilizer& watering, complete in place @ the_ AcAlcrs 4rli uy� $ 1,J���° $ 510 a per acre 33 38 Ea. Precast Safety End Treatment SET. Complete in place •Cidc6flatett �A01615 -Wit) cer\..-3s $ 1,.5 c� j�$ 5 , ()CO.t70n per each D6 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 34 1 L.S. Barricades, Signs & Traffic Control, complete in place @ (�;� ou 22/14 e o \acs �ACA d n,� $ 3E? v° $ 30 000" per lump sum 35 1 L.S. Temp Erosion Control, complete in place @�h►t'-��( '�oc� 4011,11'5 fin@ ?tom C-en-{S -� c!� Sao per lump sum $ COO. $ y 36 8400 L.F. Reflect Pay. Marking Ty-I Hot Applied Thermoplastic 4" Solid, White 0.90 Mil, including surface preparation, complete in placeo c� � $ aa° $ Ni U8oao - ej CeC'+s per linear foot 37 80 L.F. Reflect Pay. Marking Ty-I Hot Applied Thermoplastic 24" Solid, White 0.90 Mil, including surface preparation, complete in place $ Gov $ ��� @ Th'��-�y c o1 c-� and 7-e-ry ('Pnt t5 per linear foot 38 400 L.F. Reflect Pay. Marking Ty-I Hot Applied Thermoplastic 4" Solid, Yellow 0.90 Mil, including surface preparation, complete in place $ q oo $ 1 C-OQo @ Four- 6loL(i5 and 2e-nD per linear foot 39 3260 L.F. Reflect Pay. Marking Ty-I Hot Applied Thermoplastic 4" Broken, Yellow 0.90 Mil, including surface preparation, complete in place $ 3 t $ q 7E a° @ 1(c d1(06-- 2-r Z rc) CeMS per linear foot D7 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 40 23 Ea. Small Sign Assemblies, complete in place @ Dne__-ovs©n61. do16r5 act 2 c.er`.-tS $ 1000?1:3. $ 013 ccD°o per each *2014 Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges , TOTAL AMOUNT BASE BID $ S S) a30.. �d+i D8 SELECTIVE ALTERNATE #1 BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 15A 12140 S.Y 15 mill polyethylene bond breaker, complete in place @ F; dol(a rs and! z�r� ctA-Es C. S °c) $ (npi 700. per square yard TOTAL AMOUNT SELECTIVE ALTERNATE#'I BID $ too, 7OO o0 D9 SELECTIVE ALTERNATE #2 BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 17A 2173 S.Y 3' Shoulder Asphalt Stabilized Base (10"")�(OC)t, complete in/�place },o teck a.rA C.crtk5 per square yard 18A 2173 S.Y 3' Shoulder Asphalt Stabilized Base (7") (OC), complete in place` Cdnd Ce(L"t5 per square yard TOTAL AMOUNT SELECTIVE ALTERNATE#2 BID $ 4 5( , D10 ADDITIVE ALTERNATE #3 BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 01A 144 L.F. Removing existing 30" storm sewer, complete in place 17- rtoltcr5 and per linear foot 02A 2 E.A. Removing existing concrete headwall, complete in place @ F u€ cs-t&nd a()(�irS and t� Ge(` $ 4-coo�`' $ /D�GYRO o° per each 03A 144 L.F. 6'x3' concrete box culvert, complete in place @ SEuen kunara4 -e 1 kArs $ $ ! I al 3)4 ' i2c c1 2_-e(c) Gerv'ES per linear foot 04A 2 E.A. Concrete head wall for box culvert, complete in place @ Si,+y iluarSiortds do(6rs c�ru� zero Ccn-�$ $ (on COO.a� $ / 4GDO tbo per each TOTAL AMOUNT ADDITIVE ALTERNATE#3 BID $ 0-Li, 5,20 Oo I I I 4 1 1 D11 I SELECTIVE ALTERNATE #4 BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 19A 730 S.Y Rework 8" of existing asphalt & base, cement stabilize with 6% cement and compact in place, complete in place @ TirleiN-4( del(ass aril $ .`'o $ ') "Z.:ckra C enkS per square yard 20A 730 S.Y 2" HMAC Type D over existing stabilized material, complete in place @ Si iffy .Q-Zue-dcAo.is Qnd 2 CO c.er`-ls $ )'va $ �7 y J�D' per square yard TOTAL AMOUNT SELECTIVE ALTERNATE#4 BID $ (P,g) 05D oa D12 Section D f o Mt won Fi c� '� Sixdy �:ue card 'tc�ilundr �-�;�¢ydo�a�nd /100 Dollars (Total Base Contract Price-Written) S►)(+q - he s t SeU kur (126 and Zero /100 Dollars 'Total Selective Alternate#1 Contract Price-Written) ..1..yyeta(a is tu'kt4 u, d -three itundiEt9 Ward -tvr-u Roo Dollars (Total Selective Alternate #2 Contract Price-Written) -rulo"" '`4 fur Air42-rivtac4 huAbed 'ftvea{y e6and 2,c ro /100 Dollars (Total Additive Alternate#3 Contract Price-Written) SiWki itiao--f sSc pet.- pi^ -j CEO((n/S and 2 o /100 Dollars (Total Selective Alternate#4 Contract Price-Written) Total number of Standard Workweek Working Days to complete: 210 QUANTITIES OF WORK: The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price. 13 Bid Submitted by:0tk CEn4r arS ,( ur/Ntc/f-�,rContractor Represented by: B('e SQLJs f r c c t+ , Title Bid Prepared by: / Ici)nri , Estimator , Estimator D13 SECTION E j BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, Elite Contractors and Equipment,LTD as Principal, and The Ohio Casualty Insurance Company as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of Five Percent(5%)of Total 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 30th day of August 20 23 The Condition of the above obligation is such that whereas the Principal has submitted to City of Port Arthur a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the SABINE PASS MECHANIC STREET&SOUTH 1ST AVE. ROADWAY RECONSTRUCTION PROJECT 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-I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. (L.S.) PRINCIPAL SURETY BY: 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 flew This Power of Attorney limits the acts of those named herein,and they have no authority to ^` bind the Company except in the manner and to the extent herein stated. r \sakc Liberty Liberty Mutual Insurance Company , r► t JlutuaL The Ohio Casualty Insurance Company Certificate No: 8205075-975775 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN AU.PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company s a corporation duly organized under the laws of the State of New Hampsttire,that Liberty Mutual insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the Companies).pursuant to and by authority herein set forth,does hereby name.constitute and appoint, Garrett T. Turner;Mary Catherine Turner,Meghann C.Turner all of the city of Baton Rouge state of LA each individually if there be more than one named,its true and lawful attorney-in-fact to make. execute.seal,acicnowfedge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. iN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seas of the Companies have been affixed thereto this 22nd day of March , 2021 . Liberty Mutual insurance Company 1NS� .,t.'t IN8py� tteSu Company r�(.0* t' n ,av.ow:A L . tr *1'44i.+ West American Insurance Company y J4- ore re "oei ¢ -t° la le t>aY •I 1912 0 1919 n 1991 ^ 4, 0 tt•''''. °Cja�O SO-Nary a If 1 arprAM► DA' hfl 2 I David M.Carey,Assistant Secretary 0�f CO!State of PENNSYLVANIA o County of MONTGOMERY ss c U O 0 j On this 22nd day of March , 2021 before me personally appeared David M.Carey,'w o acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance :Hts)," m Company,The Ohio Casualty Company.arid West Ameritan insurance Company.and that he.as such,being authorized so#o do,execute the foregong instrument for the purposes!I`=92 �!tttereum contained by signing on benaif of to corporations by himself as a duly authorized officer. rmrem i c.= IN WITNESS WHEREOF,'have hereunto subscnbed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. j i O CO m 1 yp PAS? d`�I '5 I Q�'a 0:Anv� Fi CC*rvMm lth c Pei sy1 an a-Notary Sao,i I OQv Q CF ' y r I �\ �'�� Montgomery County • 1 E My=rtvnatimn expires Morn 28.1L[J I By: �.�+ �.cU�(G(./(� '0 cu t I c«nmssion number„Mae Member.Pennsylvania Auoaamon d reev,ye\\,......._.......241: Kr.Nif-S' Teresa aastella,Notary Public ¢Q c co 4:1 CThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual';3 l 0.— Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: !o(V O� ARTICLE Rt-OFFICERS:Section 12.Power of Attorney. !�ono *•- Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the iij ! 32 m C President may prescribe.shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Corporation to make,execute.seal,acknowledge and deliver as surety'coo`D c+ any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney.shall l� 3 170 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o o Z o instruments shall be as binding as if signed by the President and attested to by the Secretary.Any poweror authority granted to any representative or attorney-in-fact under the c`oo t provisions of this article may be revoked at any time by the Board.the Chairman,the President or by the officer or officers granting such power or authority. o y I ; ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 1 Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,1 shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute.seal,adcncwleoge and deliver as surety any and all undertakir�,i bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shalt have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey.Assistant Secretary to appoint such attorneys-in- iact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile Cr mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. i,Renee C.'Llewellyn,the undersigned.Assistant Secretary.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company.and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies is it full force and effect area has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my Kane anc affixed the sPaic of said Companies this 30th day of August 2023 • C issoll Tytc iNsV \MSU,Q4 nP°'4).+c, nP�`oNQtt,Q`41- `o onPPitte ft, .� o to912 ,0 0 1919 0 a 1991 n c"� i�, aW o .� oc.kust Ja O MAktri, a Y hr ; ey.t� �y , °'A"'�are Renee C.Llewellyn,Assistant Secretary LMS-'2873 LMIC OCiC WAIC Mum Co 02121 SECTION F GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause 4. Personnel 5. Reports and Information 6. Records and Audits 7. Findings Confidential 8. Copyright 9. Compliance with Laws 10. Interest of Members of City of Port Arthur 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 17. Materials, Services and Facilities 18. CONTRACTOR'S Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. CONTRACTOR'S Obligations 24. Insurance 25. Certification of Compliance with Air and Water Acts F-1 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 27. Suspension of Work 28. National Historic Preservation Act of 1966 29. Required Provisions Deemed Inserted 30. Safety and Health Regulations for Construction 31. Use and Occupancy Prior to Acceptance by Owner 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Lands and Rights-of-Way 35. Conflicting Conditions in Contract Documents 36. Notice and Service Thereof 37. Separate Contract 38. Subcontracting 39. Architect/Engineer's Authority 40. Meaning of Intent 41. Contract Security 42. Additional or Substitute Bond 43. Assignments 44. Mutual Responsibility of CONTRACTOR'S 45. Acceptance of Final Payment Constitutes Release 46. Payments by Contractor 47. Construction Schedule and Periodic Estimates 48. Payments to Contractor 49. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work F-2 53. Extras 54. Time for Completion and Liquidated Damages 55. Weather Conditions 56. Protection of Work and Property--Emergency 57. Inspection 58. Superintendent by Contractor 59. Federal Labor Standards Provisions 60. Underpayments of Wages or Salaries 61. Anticipated Costs of Fringe Benefits 62. Overtime Compensation Required by Contract Work Hours and Safety Standards Act(76 Stat. 357-360; Title 40 U.S.C., Sections 327-332 63. Employment of Apprentices/Trainees 64. Employment of Certain Persons Prohibited 65. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision 66. Fringe Benefits Not Expressed as Hourly Wage Rates 67. Posting Wage Determination Decisions and Authorized Wage Deductions 68. Complaints, Proceedings or Testimony by Employees 69. Claims and Disputes Pertaining to Wage Rates 70. Questions Concerning Certain Federal Statutes and Regulations 71. Payrolls and Basic Payroll Records of Contractor and Subcontractors 72. Specific Coverage of Certain Types of Work by Employees 73. Ineligible Subcontractors 74. Provisions to be Included in Certain Subcontracts 75. Breach of Foregoing Federal Labor Standards Provisions 76. Employment Practices 77. Contract Termination; Debarment 78. Kickbacks from Public Works Employees 79. Labor-Title 29 CFR Part 3 F-3 80. Weekly Statement with Respect to Payment of Wages 81. Submission of Weekly Statements and the Preservation and Inspection of Weekly Payroll Records 82. Payroll Deductions Permissible without Application to or Approval of the Secretary of Labor 83. Payroll Deductions Permissible with the Approval of the Secretary of Labor 84. Applications for the Approval of the Secretary of Labor 85. Section 3.8 Action by the Secretary of Labor upon Applications 86. Prohibited Payroll Deductions 87. Methods of Payment of Wages 88. Regulations Part of Contract 89. Equal Opportunity Provisions (E.O. 11246) 90. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities 91. Civil Rights Act of 1964 92. Section 109 of the Housing and Community Development Act of 1974 93. Indemnification 94. Delays 95. Maintenance of Work 96. Antitrust 97. Labor, Materials, and Equipment 98. Federal Labor Standards Provisions 99. Delay, Disruption and/or Other Claims 100. Differing Site Conditions F-4 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Sub-contractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at)the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur, Texas. e. "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. f. "ENGINEER": City Engineer, City of Port Arthur, Texas 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR - PUBLIC WORKS, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. F-5 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all Personnel required in performing the work under this Contract. Such personnel shall not be Employees of or have any contractual relationship with the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three (3)years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules,orders,regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities F-6 in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied F-7 to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b)a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof,the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power,transportation, superintendents,temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. F-8 If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 20. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers'or vendors'names,trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. b. If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. F-9 22. SURVEYS a. The Engineer will provide one bench mark, near or on the site of the work, and will provide 2 points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements,the CONTRACTOR shall furnish all other lines,grades,and bench marks required for proper execution of the work. b. The CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the General Requirements)and shall preserve all bench marks,stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor's employees, the CONTRACTOR shall be responsible for the accurate replacement of such reference points by professionally qualified personnel at no additional cost to the OWNER. c. Unless otherwise expressly provided for in the Specifications, the OWNER will furnish the CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5.) 25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00.) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTOR'S and Subcontractors shall furnish to the OWNER the following: F-10 a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Act, as amended (33 U.S.C. 1318)relating to inspection, monitoring,entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. A stipulation that, as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director,Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the CONTRACTOR that he will include, or cause to be included,the criteria and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-base paint hazards under subpart B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the F-ll CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 29. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted,then upon the application of either party,the Contract shall forthwith be physically amended to make such insertion or correction. 30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract,the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer,the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s)permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, F-12 secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 32. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 33. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 34. LAND AND RIGHTS-OF-WAY Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds (if any), Proposal, Special Conditions(including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. F-13 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 37. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTOR'S. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTOR'S and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTOR'S. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 38. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor,which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. In addition to the provisions,the CONTRACTOR shall perform not less than 50 percent of the "Services" as shown on the bid form with its own forces. The 50 percent requirement shall be understood to refer to the "Services" line on the bid form, based on estimated quantities. 39. ARCHITECT/ENGINEERS AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision F-14 of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 40. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 41. CONTRACT SECURITY If the Contract amount exceeds Twenty-five Thousand Dollars($25,000),a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000.00) a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent(100%)than that prescribed by state, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 42. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER,for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 43. ASSIGNMENTS The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 44. MUTUAL RESPONSIBILITY OF CONTRACTOR'S If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER F-15 against any such claim. 45. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 46. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay(a)for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b)for all materials, tools and other expendable equipment to the extent of ninety percent(90%)cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c)to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 47. CONSTRUCTION SCHEDULE A. The successful Bidder shall, within seven (7) calendar days of the date of the Notice of Award and prior to issuance of the Notice to Proceed, submit a detailed Critical Path Method (CPM) Construction Schedule, hereinafter called "Schedule". The Schedule shall follow the"Sequence of Work" which is listed in the Scope of Work section of these Contract Documents. The Schedule shall consist of the following: 1. A logic network CPM arrow or precedence diagram of sufficient detail to construct each segment of the project and to construct the total project. 2. A detailed activities list which includes the following information in tabular form: a. A listing of all submittal, production, procurement and construction management activities; b. The expected duration (in days) of each activity listed; c. The activities upon which the start of each activity depends; d. The resource requirements (manpower, material and equipment)for each activity; and e. An estimated dollar value of each activity such that the sum total value of all activities equals the total dollar value of the Bid. F-16 B. The Owner will review with the CONTRACTOR the proposed CPM schedule submitted by the CONTRACTOR. The purpose of this review is to assure adequate planning for the proper and timely execution of the Work and to assist the Owner in appraising the suitability of the proposed network Schedule for construction of the project. C. Upon acceptance by the OWNER the Schedule will become the basis for monitoring and measuring the progress of the Work. To assure proper tracking of progress throughout the performance of the Work, the CONTRCTOR shall maintain and continuously update his detailed network Schedule. The CONTRACTOR shall, during the first week of each month and at other times as the OWNER may request, furnish to the OWNER an updated schedule which is clearly marked to show the actual percent completion of each activity as of the date of the Schedule update. The CONTRATOR shall submit with the Schedule update, a narrative report of the progress made during the period covered by the Schedule update. This report shall outline accomplishments during the reporting period and shall include a discussion of problems encountered and of how those problems have been or will be dealt with. The narrative report shall also include a discussion of changes or other items encountered which, in the opinion of the CONTRACTOR, may cause problems to the future progress of the Work. The CONTRACTOR shall include in the report a plan of action for overcoming the potential problems stated. a. The OWNER retains the right to withhold progress payments until the CCONTRACTOR'S updated schedule has been accepted by the OWNER. b. During the course of the Work the Schedule may be revised by agreement of the OWNER and the Contractor. Each revision of the Schedule shall supersede and replace all previous versions of the Schedule. The revised Schedule shall include the following information: 1. Date of revision; 2. Identification of all changes made to the original schedule, including the incorporation of an anticipated Change Orders; 3. Concise narrative explanation of the reasons for each change. c. The CONTRACTOR may request Schedule revisions by submitting a revised Schedule in the form outlined above. However, if the OWNER cannot agree to the suggested revisions, the Contractor shall make those adjustments as may be required to maintain the original Schedule. d. Responsibility for the CONTRACTOR'S Schedule(s) in all aspects, assumptions and implications, either known or unknown, made or assumed, by the CONTRACTOR in the preparation of his Schedule(s), is entirely that of the CONTRACTOR. Acceptance of the CONTRACTOR'S schedule(s) by the OWNER shall in no way make the OWNER responsible for the execution or non-execution of the CONTRACTOR'S schedule nor is the OWNER responsible or liable in any way for any acts, errors, omissions or negligence of the CONTRACTOR or any Sub-contractor or any of the CONTRACTR'S or Sub- contractor's agents, assigns, servants or employees or any other person, firm or corporation performing or attempting to perform the Work. F-17 48. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30) calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds$25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided,that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the Pleasure Island Commission Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer(ten)10 working days prior to the next scheduled Pleasure Island Commission Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may,after having served written notice on the said CONTRACTOR,either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not F-18 be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials,whether incorporated in the work or not,all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use F-19 on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under(c)there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract;and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER,that the time for the completion of the work described herein is a reasonable time for the completion of same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and Pleasure Island Commission holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of F-20 the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7)hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. Provided, further, that the CONTRACTOR shall, within ten (10) working days after total calendar days delayed have been used up in the contract time and such delay thereafter, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefore as provided and if approved therefore by Engineer. Such delays shall include acts of neglect by the OWNER or others performing additional work, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes,sabotage, or freight embargoes. All time limits stated in the Contract Documents are of the essence of the Agreement. Provided,that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS Inclement weather is any weather condition or conditions resulting immediately there-from, causing the CONTRACTOR to suspend construction operations or preventing the CONTRACTOR from profitably utilizing at least 75 percent of the normal labor and equipment force engaged on the Work. Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the forecast by the local NOAA Weather Reporting Station of 30% or greater chance of inclement weather, or the conditions resulting from the weather, or the condition of the Work prevents work from beginning at the usual F-2 1 starting time, and the crew is dismissed as a result thereof, the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations. In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct,the CONTRACTOR will,and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. 56. PROTECTION OF WORK AND PROPERTY--EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act,without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. 57. INSPECTION The authorized representatives and agents of the shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59. FEDERAL LABOR STANDARDS PROVISIONS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other F-22 payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified)the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by reference), regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2)of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also, for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under Plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 60. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wage determination. 61. ANTICIPATED COSTS OF FRINGE BENEFITS If the CONTRACTOR does not make payments to a trustee or other third person, he may consider, as part of the wages of any laborer or mechanic, the amount of any costs reasonable anticipated in providing fringe benefits under a Plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the CONTRACTOR,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account asset for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the CONTRACTOR must be submitted to the OWNER with the first payroll filed by the CONTRACTOR subsequent to receipt of the findings. 62. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: TITLE 40 U.S.C., SECTIONS 327-332 a. Overtime Requirements: No CONTRACTOR or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty(40)hours in such work week. F-23 b. Violation- Liability for Unpaid Wages Liquidated Damages: In the event of any violation of the clause set forth in paragraph(a),the CONTRACTOR and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such CONTRACTOR and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of Ten Dollars ($10.00)for each calendar day on which such employee was required or permitted to work in excess of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (a). c. Withholding for Liquidated Damages: The OWNER shall withhold or cause to be withheld from any monies payable on account of work performed by the CONTRACTOR or Subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such CONTRACTOR or Subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). d. Subcontracts: The CONTRACTOR shall insert in any Subcontracts the clauses set forth in paragraphs (a), (b)and (c)of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts which they may enter into, together with a clause requiring this insertion in any further Subcontracts that may in turn be made. 63. EMPLOYMENT OF APPRENTICES/TRAINEES a. Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his first ninety(90)days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b)of this subparagraph or is not registered or otherwise employed as stated above,shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates)for the area of construction prior to using any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. b. Trainees: Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate, who is not registered and F-24 participating in a training plan approved by the Bureau of Apprenticeship and Training, shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, c. the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is provided. c. Equal Employment Opportunity: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order No. 11246, as amended, and 29 CFR Part 30. 64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 65. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Unlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (ii). 66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the OWNER, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 67. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions,with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract,and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 68. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this F-25 Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 69. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor,whose decision shall be final with respect thereto. 70. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of(a)the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 71. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls of the CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3)years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b)(2)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2) (B) of the Davis-Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and will maintain records which show the costs anticipated or the actual cost incurred in providing such benefits. The CONTRACTOR and each Sub-contractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the OWNER and the United States Department of Labor. Such representatives shall be permitted to interview employees of the CONTRACTOR or of any F-26 vr- 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 projector program to which this Contract pertains by persons employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which these Federal Labor Standards Provisions are applicable. 73. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. The OWNER will not approve any Subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Secretary of Housing and Urban Development to receive an award of such Subcontract. 74. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontracts which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 75. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontract covers any of the work covered by this Contract, shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 76. EMPLOYMENT PRACTICES The CONTRACTOR (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2)shall insert or cause to be inserted the same provision in each construction Subcontract. 77. CONTRACT TERMINATION; DEBARMENT A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract and for debarment as provided in 29 CFR 5.6. 78. KICKBACKS FROM PUBLIC WORKS EMPLOYEES a. Whoever, by force, intimidation or threat of procuring dismissal from employment or by any F-27 other manner whatsoever, induces any person employed in the construction, prosecution, completion or repair of any public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under this Contract of employment, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. b. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S and Subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each Contractor and Subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. c. Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part", as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations follow in Section 79. 79. LABOR-TITLE 29 CFR PART 3 This part prescribes"Anti-Kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any Contract which is subject to federal wage standards and which is for the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. This part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally-assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g. the College Housing Act of 1950,the Federal Water Pollution Control Act and the Housing Act of 1959),and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. This part details the obligation of CONTRACTOR'S and Subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby, sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work and delineates the methods of payment permissible on such work. Section 3.2 definitions as used in this part: a. The terms "building"or"work"generally include construction activity as distinguished from manufacturing, furnishing or materials or servicing and maintenance work. The terms include without limitation, buildings, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,jetties, breakwaters, levees and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies or equipment (whether or not a federal or state agency acquires title to such materials, articles, supplies or equipment during the course of the manufacture or furnishing or owns the materials from which they are manufactured or furnished)is not a"building"or"work"within the meaning of the regulations in this part. F-28 b. The terms "construction", "prosecution", "completion" or "repair" mean all types of work done on a particular building 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. The term"any affiliated person"includes a spouse, child, parent or other close relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR or Subcontractor;a corporation closely connected with the CONTRACTOR or Subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. g. The term "federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock which is beneficially owned by the United States, by the District of Columbia or any of the foregoing departments, establishments, agencies and instrumentalities. 80. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES a. As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. b. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution, completion or repair of any public buildings,or public works,or buildings or works financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period.This statement shall be executed by the CONTRACTOR or Subcontractor or by an authorized officer or employee of the CONTRACTOR or Subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance", or on identical form on the back of WH 347, "Payroll (for CONTRACTOR'S Optional Use)"or on any form with identical wording. Sample F-29 copies of WH 347 and WH 348 may be obtained from the government contracting or sponsoring agency and copies of these forms may be purchased at the Government Printing Office. c. The requirements of this section shall not apply to any Contract for Two Thousand Dollars ($2,000) or less. d. Upon a written finding by the head of a federal agency,the Secretary of Labor may provide reasonable limitations, variations,tolerances and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. 81. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS a. Each weekly statement required under§ 3.3 shall be delivered by the CONTRACTOR or Subcontractor, within seven (7)days after the regular payment date of the payroll period, to a representative of OWNER in charge at the site of the building or work or, if there is no representative of OWNER at the site of the building or work, the statement shall be mailed by the CONTRACTOR or Subcontractor, within such time, to the OWNER. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available and shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. b. Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records for a period of three (3)years from date of completion of the Contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative and by authorized representatives of the Department of Labor. 82. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE SECRETARY OF LABOR Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. a. Any deduction made in compliance with the requirements of federal, state or local law, such as federal or state withholding income taxes and federal social security taxes. d. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A"bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. c. Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the CONTRACTOR, Subcontractor or any affiliated person, or when F-30 collusion or collaboration exists. e. 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 f. CONTRACTOR or Subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained directly or indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in the form of commission, dividend or otherwise;and(4)the deductions shall serve the convenience and interest of the employee. e. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. f. Any deduction requested by the employee to enable him to repay loans to, or to purchase shares in credit unions organized and operated in accordance with federal and state credit union statutes. g. Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies such as the American Red Cross. h. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds and similar charitable organizations. i. Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. j. Any deduction not more than for the "reasonable cost" of board, lodging or other facilities meeting the requirements of Section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made,the additional records required under§ 516.27(a) of this title shall be kept. 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 F-31 benefit directly or indirectly from the deduction either in the form of a commission, dividend or otherwise; b. The deduction is not otherwise prohibited by law; c. The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees; and d. The deduction serves the convenience and interest of the employee. 84. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR Any application for the making of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: a. The application shall be in writing and shall be addressed to the Secretary of Labor. b. The application shall identify the Contract or Contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified Contracts, except upon a showing of exceptional circumstances. c. The application shall state affirmatively that there is compliance with the standards set forth in the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. d. The application shall include a description of the proposed deduction, the purpose to be served thereby and the classes of laborers or mechanics from whose wages the proposed deduction would be made. e. The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. 85. SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6 and shall notify the applicant in writing of his decision. 86. PROHIBITED PAYROLL DEDUCTIONS Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. 87. METHODS OF PAYMENT OF WAGES The payment of wages shall be by cash, negotiable instruments payable on demand or the additional forms of compensation for which deductions are permissible under this part. No other F-32 methods of payment shall be recognized on work subject to the Copeland Act. 88. REGULATIONS PART OF CONTRACT All Contracts made with respect to the construction, prosecution, completion or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the CONTRACTOR or Subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see §5.5(a) of this subtitle. 89. EQUAL OPPORTUNITY PROVISIONS (E.O. 11246) A. Activities and Contracts Subject to Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts under Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided Contracting Officer setting forth the provisions of this nondiscrimination clause. The CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) CONTRACTOR'S shall incorporate foregoing requirements in all Subcontracts. B. Contracts Subject to Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts exceeding Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for Employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. F-33 (3) The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the CONTRACTOR'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the CONTRACTOR'S noncompliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government CONTRACTOR'S or federally assisted construction Contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (1) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any Subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontract or vendor as a result of such direction by the Department, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (applicable to contracts/subcontracts exceeding Ten Thousand Dollars ($10,000)): (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. (2) The goals and timetables for minority and female participation,expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Timetable Goals for Female F-34 Participation for Participation in Each Trade - 8% Each Trade - 8% These goals are applicable to all the CONTRACTOR'S construction work(whether or not it is federal or federally assisted) performed in the covered area. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (3) The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the geographical area in which the Contract is to be performed. (4) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is City of Port Arthur, Jefferson County, Texas. D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): (1) As used in these Specifications: (a) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (d) "Minority" includes: (i) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of F-3 5 the Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Whenever the CONTRACTOR, or any subcontractor at any tier, Sub-contract a portion of the work involving any construction trade, it shall physically included in each Subcontract in excess of$10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. (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 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 meetingthe goals, such apprentices and pp trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The CONTRACTOR shall take specific affirmative actions to ensure equal opportunity. F-36 The evaluation of the CONTRACTOR'S compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the CONTRACTOR'S employees are assigned to work. The CONTRACTOR, where possible, will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the CONTRACTOR'S obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available and maintain a record of the organizations responses. c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR,this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken. d) Provide immediate written notifications to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR'S efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR'S employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the CONTRACTOR'S EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually,the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items F-3 7 with on-site supervisory personnel such as Superintendents,General Foremen,etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (h) Disseminate the CONTRACTOR'S EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media,and providing written notification to and discussing the CONTRACTOR'S EEO policy with other CONTRACTOR'S and Subcontractors with whom the CONTRACTOR does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR'S recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above,describing the openings, screening procedures and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CONTRACTOR'S work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR'S obligations under the Specifications are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for Subcontracts from minority and female construction CONTRACTOR'S and suppliers, including circulation of solicitations to minority and female CONTRACTOR associations and other business associations. (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR'S EEO policies and affirmative action obligations. (8) CONTRACTOR'S are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a though 7p). The efforts of a CONTRACTOR association, joint CONTRACTOR-union, CONTRACTOR-community or other similar group of which the CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these F-3 8 Specifications provided that the CONTRACTOR actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTOR'S minority and female work force participation, makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the CONTRACTOR. The obligation shall not be a defense for the CONTRACTOR'S non-compliance. (9) A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the CONTRACTOR has achieved its goals for women generally,the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is under utilized). (10) The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color, religion,sex or national origin. (11) The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from government Contracts pursuant to Executive Order 11246. (12) The CONTRACTOR shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing Subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. (13) The CONTRACTOR, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (14) The CONTRACTOR shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. F-39 Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, CONTRACTOR'S shall not be required to maintain separate records. (15) Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of (16) requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 90. SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES During the performance of this Contract, the CONTRACTOR agrees as follows: a. The CONTRACTOR agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701(u)), as amended,the HUD regulations issued pursuant thereto at 24 CFR Part 135 and any applicable rules and orders of HUD issued thereunder. b. The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract Documents". c. CONTRACTOR'S shall incorporate the Section 3 clause shown below and the foregoing requirements in all Subcontracts. d. Section 3 clause as set forth in 24 CFR 135.20(b): (1) The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and Contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The CONTRACTOR will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The CONTRACTOR will include this Section 3 clause in every Subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of F-40 federal financial assistance, take appropriate action pursuant to the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any Subcontract unless the Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the applicant or recipient,or its CONTRACTOR'S and Subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 91. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice&Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the Pleasure Island Commission. 92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 93. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees,from and against all damages,claims, losses, demands, suits,judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of F-4 1 the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications,or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 94. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY OF PORT ARTHUR to provide information or material, if any, which is to be furnished by the CITY OF PORT ARTHUR.When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City of Port Arthur Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 95. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1)year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under paragraph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State of Texas and such Paragraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 14. 96. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti-trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). 97. Labor, Materials, and Equipment: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. F-42 Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written notice and approval by the Engineer. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the OWNER any additional cost incurred by the OWNER as a result of such work. b. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime work, i.e.,work in excess of eight(8)hours in any one work day or forty(40) hours in any one (1)workweek, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid to the CONTRACTOR for overtime work only in the event that extra work is ordered by the Engineer, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. d. All costs of inspection and testing performed during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR.The OWNER shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. e. Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, f. Telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance,testing,start-up,and completion of the work. g. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer,the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the OWNER, nor any of the OWNER'S consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions. F-43 98. FEDERAL LABOR STANDARDS PROVISIONS Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Applicability The Project or Program to which the construction work times by the contractor and its sub-contractors at covered by his contract pertains is being assisted by the the site of the work in a prominent and accessible, United States of America and the following Federal place where it can be easily seen by the workers. Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal (II) (a) Any class of laborers or mechanics which is assistance. not listed in the wage determination and which is to be employed under the contract shall be classified A. 1. (i) Minimum Wages. All laborers and mechanics in conformance with the wage determination. employed or working upon the site of the work(or under HUD shall approve an additional classification and the United States Housing Act of 1937 or under the wage rate and fringe benefits therefore only when Housing Act of 1949 in the construction or development the following criteria have been met: of the project),will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll (1) The work to be performed by the classification deductions as are permitted by regulations issued by the requested is not performed by a classification in the Secretary of Labor under the Copeland Act. (29 CFR wage determination;and Part 3),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof @ due at time of (2) The classification is utilized in the area by the payment computed at rates not less than those contained construction industry;and in the wage determination of the Secretary of Labor which is attached hereto and made a part thereof, (3) The proposed wage rate,including any bona fide regardless of any contractual relationship which may be fringe benefits,bears a reasonable relationship to the alleged to exist between the contractor and such laborers wage rates contained in the wage determination. and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section (b) If the contractor and the laborers and mechanics to be 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or employed in the classification (if known), or their mechanics, subject to the provisions of 29 CFR- representatives,and HUD or its designee agree on 5.5(a)(1)(iv);also,regular contributions made or costs the classification and wage rate (including the incurred for more than a weekly period (but not less amount designated for fringe benefits where often than quarterly)under plans, funds,or programs, appropriate),a report of the action taken shall be which cover the particular weekly period,are deemed to sent by HUD or its designee to the Administrator of be constructively made or incurred during such weekly the Wage and Hour Division, Employment period. Standards Administration, U.S. Department of Such laborers and mechanics shall be paid the Labor, Washington, D.C. 20210. The appropriate wage rate and fringe benefits on the Administrator,or an authorized representative,will wage determination for the classification of work approve, modify, or disapprove every additional actually performed without regard to skill,except classification action within 30 days of receipt and as provided in 29 CFR Part 5.5(a)(4). Laborers or so advise HUD or its designee or will notify HUD mechanics performing work in more than one or its designee within the 30 day period that classification may be compensated at the rate additional time is necessary. (Approved by the specified for each classification for the time Office of Management and Budget under OMB actually worked therein: Provided, that the control number 1215-0140.) employer's payroll records accurately set forth the (c) In the event the contractor,the laborers or mechanics time spent in each classification in which work is to be employed in the classification or their performed. The wage determination(including any representatives, and HUD or its designee do not additional classification and wage rates conformed agree on the proposed classification and wage rate under 29 CFR Part 5.5(a)(1)(ii) and the Davis- (including the amount designated for fringe Bacon poster (WH-1321) shall be posted at all benefits,where appropriate),HUD or its designee F-45 shall refer the questions,including the views of all of 1937 or under the Housing Act of 1949 in the interested parties and the recommendation of HUD construction or development of the project),all or or its designee, to the Administrator for part of the wages required by the contract,HUD or determination. The Administrator,or an authorized its designee may, after written notice to the contractor,sponsor,applicant,or owner,take such representative, will issue a determination within 30 action as may be necessary to cause the suspension days of receipt and so advise HUD or its designee of any further payment, advance, or guarantee of or will notify HUD or its designee within the 30- funds until such violations have ceased. HUD or its day period that additional time is necessary. designee may,after written notice to the contractor, (Approved by the Office of Management and disburse such amounts withheld for and on account Budget under OMB Control Number 1215-0140.) of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller (d) The Wage rate(including fringe benefits where General shall make such disbursements in the case of direct Davis-Bacon Act contracts. appropriate)determined pursuant to subparagraphs (1)(b)or(c)of this paragraph,shall be paid to all 3. (i) Payrolls and basic records. Payrolls and basic workers performing work in the classification records relating thereto shall be maintained by the under this contract from the first day on which contractor during the course of the work preserved work is performed in the classification. for a period of three years thereafter for all laborers (III) Whenever the minimum wage rate prescribed and mechanics working at the site of the work(or In the contract for a class of laborers or mechanics under the United States Housing Act of 1937,or includes a fringe benefit which is not expressed as under the Housing Act. Of 1949, in the an hourly rate,the contractor shall either pay the construction or development of the project). Such benefit as stated in the wage determination or shall records shall contain the name,address,and social pay another bona fide fringe benefit or an hourly security number of each such worker, his or her cash equivalent thereof. correct classification, hourly rates of wages paid (including rates of contribution or costs anticipated (iv) If the contractor does not make payments to a for bona fide fringe benefits or cash equivalents trustee or other third person, the contractor may thereof of the types described in Section(b)(2)(B) consider as part of the wages of any laborer or of the Davis bacon Act),daily and weekly number mechanic the amount of any costs reasonably of hours worked, deductions made and actual anticipated in providing bona fide fringe benefits wages paid. Whenever the Secretary of Labor has under a plan or program, Provided, That the found under 29 CFR 5.5(a)(1)(iv)that the wages Secretary of Labor has found, upon the written of any laborer or mechanic include the amount of request of the contractor, that the applicable any costs reasonably anticipated in providing standards of the Davis Bacon Act have been met. benefits under a plan or program described in The Secretary of Labor may require the contractor Section 1(b)(2)(B) of the Davis-Bacon Act, the to set aside in a separate account assets for the contractor shall maintain records which show that meeting of obligations under the plan or program. the commitment to provide such benefits is (Approved by the Office of Management and enforceable,that the plan or program is financially Budget under OMB Control Number 1215-0140.) responsible,and that the plan or program has been communicated in writing to the laborers or 2. Withholding. HUD or its designee shall upon its mechanics affected, and records which show the own action or upon written request of an authorized costs anticipated or the actual cost incurred in representative of the Department of Labor withhold providing such benefits. Contractors employing or cause to be withheld from the contractor under apprentices or trainees under approved programs this contract or any other Federal contract with the shall maintain written evidence of the registration same prime contractor, or any other Federally- of apprenticeship programs and certification of assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime trainee programs,the registration of the apprentices contractor so much of the accrued payments or and trainees, and the ratios and wage rates • advances as may be considered necessary to pay described in the applicable programs. (Approved laborers and mechanics, including apprentices, by the Office of Management and Budget under trainees and helpers,employed by the contractor or OMB Control Numbers 1215-0140 and any subcontractor the full amount of wages required 121500017.) by the contractor in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,employed or working on the site (ii) (a) The contractor shall submit weekly for each of the work(or under the United States Housing Act week in which any contract work is performed a F-46 PP"- copy of all payrolls to HUD or its designee if the or criminal prosecution under Section 1001 of Title agency is a party to the contract,but if the agency 18 and Section 231 of Title 31 of the United States is not such a party,the contractor will submit the Code. payrolls to the applicant sponsor,or owner,as the case may be, for transmission to HUD or its (iii) The contractor or subcontractor shall make the designee. The payrolls submitted shall set out records required under paragraph A.3.(I) of this accurately and completely all of the information section available for inspection, copying, or required to be maintained under 29 CFR Part transcription by authorized representatives of HUD 5.5(a)(3)(I). This information may be submitted in or its designee or the Department of Labor, and any form desired. Optional Form WH-347 is shall permit such representatives to interview available for this purpose and may be purchased employees during working hours on the job. If the from the Superintendent of Documents (Federal contractor or subcontractor fails to submit the Stock Number 029-005-00014-I), U.S. required records or to make them available,HUD Government Printing Office, Washington, DC. or its designee may, after written notice to the 20402. The prime contractor is responsible for the contractor,sponsor,applicant or owner,take such submission of copies of payrolls by all action as may be necessary to cause the suspension subcontractors. (Approved by the Office of of any further payment advance, or guarantee of Management and Budget under OMB Control funds. Furthermore failure to submit the required Number 1215-0149.) records upon request or to make such records available maybe grounds for debarment action (b) Each payroll submitted shall be accompanied by a pursuant to 29 CFR Part 5.12. "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who (Apprentices and Trainees) pays or supervises the payment of the persons employed under the contract and shall certify the (5) Apprentices. Apprentices will be permitted to work following: at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program (1) That the payroll for the payroll period contains the registered with the U.S.Department of Labor,Employment information required to be maintained under 29 and Training Administration,Bureau of Apprenticeship and CFR Part 5.5(a)(3)(i)and that such information is Training,or with a State apprenticeship Agency recognized correct and complete; by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an (2) That each laborer or mechanic (including each apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of helper, apprentice, and trainee) employed on the Apprenticeship and Training or a State Apprenticeship contract during the payroll period has been paid the Agency(where appropriate)to be eligible for probationary full weekly wages earned, without rebate, either employment as an apprentice. The allowable ratio of directly or indirectly,and that no deductions have apprentices to journeymen on the job site in any craft been made either directly or indirectly from the full classification shall not be greater than the ratio permitted to wages earned,other than permissible deductions as the contractor as to the entire work force under the registered set forth in 29 CFR Part 3; program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage (3) That each laborer or mechanic has been paid not rate on the wage determination for the classification of work less than the applicable wage rates and fringe actually performed. In addition,any apprentice performing benefits or cash equivalents for the classification work on the job site in excess of the ratio permitted under the of work performed,as specified in the applicable registered program shall be paid not less than the applicable wage determination incorporated into the contract. wage rate on the wage determination for the actually performed. Where a contractor is performing construction on (4) The weekly submission of a properly executed a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages certification set forth on the reverse side of Optional of the journeyman's hourly rate)specified in the contractor's Form WH-347 shall satisfy the requirement for or subcontractor's registered program shall be observed. submission of the "Statement of Compliance" Every apprentice must be paid at not less than the rate required by paragraph A.3.(ii)(b)of this section. specified in the registered program for the apprentice's level of progress expressed as a percentage of the journeymen (d) The falsification of any of the above certifications hourly rate specified in benefits in accordance with the may subject the contractor or subcontractor to civil provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,the F-47 wage determination for the applicable classification. If the 6. Subcontracts. The contractor or subcontractor will Administrator determines that a different practice prevails for insert in any subcontracts the clauses contained in 29 the applicable apprentice classification,fringes shall be paid CFR 5.5(a)(1) through(10) and such other clauses as in accordance with the determination. In the event the HUD or its designee may be appropriate instructions Bureau of Apprenticeship and Training, or a State require,and also a clause requiring the subcontractors to Apprenticeship Agency recognized by the Bureau,withdraws include these clauses in any lower tier subcontracts. The approval of an apprenticeship program,the contractor will no prime contractor shall be responsible for the compliance longer be permitted to utilize apprentices at less than the by any subcontractor or lower tier subcontractor with all applicable predetermined rate for the work performed until an the contract clauses in 29 CFR Part 5.5. acceptable program is approved. 7. Contract termination; debarment. A breach of the (ii) Trainees. Except as provided in 29 CFR 5.16, contract clauses in 29 CFR 5.5 may be grounds for trainees will not be permitted to work at less than termination of the contract and for debarment as a the predetermined rate for the work performed unless they are employed pursuant to and contractor and a subcontractor as provided in 29 CFR individually registered in a program which has 5.12. received prior approval, evidenced by formal certification by the U.S. Department of Labor, 8. Compliance with Davis-Bacon and Related Act Employment and Training Administration. The Requirements. All rulings and interpretations of the ratio of trainees to journeymen on the job site shall Davis-Bacon and Related Acts contained in 29 CFR not be greater than permitted under the plan Parts 1,3,and 5 are herein incorporated by reference in approved by the Employment and Training this contract. Administration. Every trainee must be paid at not less than the rate specified in the approved program 9. Disputes concerning labor standards. Disputes arising for the trainee's level of progress,expressed as a out of the labor standards provisions of this contract percentage of the journeyman hourly rate specified shall not be subject to the general disputes clauses of in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the this contract. Such disputes shall be resolved in provisions of the trainee program. If the trainee accordance with the procedures of the Department of program does not mention fringe benefits,trainees Labor set forth in 29 CFR Parts 5, 6,and 7. Disputes shall be paid the full amount of fringe benefits within the meaning of this clause include disputes listed on the wage determination unless the between the contractor(or any of its subcontractors)and Administrator of the Wage and Hour Division HUD or its designee,the U.S.Department of Labor,or determines that there is an apprenticeship program the employees or their representatives. associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for 10. (i) Certification of Eligibility. By entering into this apprentices. Any employee listed on the payroll at contract the contractor certifies that neither it(nor he or a trainee rte who is not registered and participating she)nor any person or firm who has an interest in the in a training plan approved by the Employment and contractor's firm is a person or firm ineligible to be Training Administration shall be paid not less than awarded Government contracts by virtue of Section 3(a) the applicable wage rate on the wage determination of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be for the work actually performed. In addition,any awarded HUD contracts or participate in HUD programs trainee performing work on the job site in excess of pursuant to 24 CFR Part 24. the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually (ii) No part of this contract shall be subcontracted to or performed. In the event the Employment and firm ineligible for award of a Government contract by virtue Training Administration withdraws approval of a of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1) training program the contractor will no longer be or to be awarded HUD contracts or participate in HUD permitted to utilize trainees at less than the programs pursuant to 24 CFR Part 24. applicable predetermined rate for the work performed until an acceptable program is approved. Equal employment o ortuni The utilization of (iii) The penalty for making false statements is prescribed in (ii) qopportunity. the U.S.Criminal Code,18 U.S.C. 1001. Additionally,U.S. apprentices, trainees and journeymen under this Criminal Code, Section 1 01 0,Title 18,U.S.C."Federal part shall be in conformity with the equal Housing Administration transaction", provides in in part: employment requirements of Executive Order 11246,as amended,and 29 CFR Part 30. "Whoever,for the purpose of...influencing in any way the action of such Administration makes,utters or publishers 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 any statement knowing the same to be false.....shall be fined CFR Part 3 which are incorporated by reference in not more than$5,000 or imprisoned not more than two years, or both." this contract. F-48 action or upon written request of an authorized 11. Complaints,Proceedings,or Testimony by Employees. representative of the Department of Labor withhold No laborer or mechanic to whom the wage,salary,or or cause to be withheld,from any moneys payable other labor standards provisions of this Contract are on account of work performed by the contractor or applicable shall be discharged or in any other manner subcontractor under any such contract or any other discriminated against by the Contractor or any Federal contract with the same prime contract, or subcontractor because such employee has filed any any other Federally-assisted contract subject to the complaint or instituted or caused to be instituted any Contract Work Hours and Safety Standards Act proceeding or has testified or is about to testify in any which is held by the same prime contractor such proceeding under or relating to the labor standards sums as may be determined to be necessary to applicable under this Contract to his employer. satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated B. Contract Work Hours and Safety Standards Act. As damages as provided in the clause set forth in used in this paragraph the terms "laborers" and paragraph(2)of this paragraph. "mechanics"include watchmen and guards. (4) Subcontracts. The contractor or subcontractor (1) Overtime requirements. No contractor or sub- shall insert in any subcontracts the clauses set forth contractor contracting for any part of the contract in subparagraph(1)through(4)of this paragraph work which may require or involve the and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work The prime contractor shall be responsible for week in which he or she is employed on such work compliance by any subcontractor or owner tier to work in excess of eight hours in such work week subcontractor with the clauses set forth in unless such laborer or mechanic receives subparagraphs(1)through(4)of this paragraph. compensation at a rate of pay for all hours worked in excess of eight hours in any work day or in C. Health and Safety excess of forty hours in such workweek,whichever (1) No laborer or mechanic shall be required to work in is greater. surroundings or under working conditions which are unsanitary,hazardous, or dangerous to his health (2) Violation; liability for unpaid wages; liquidated and safety as determined under construction safety damages. In the event of any violation of the clause set forth in subparagraph (1) of this and health standards promulgated by the Secretary paragraph, the contractor and any subcontractor of Labor by regulation. responsible therefore shall be liable for the unpaid wages. In addition, such contractor and (2) The Contractor shall comply with all regulations subcontractor shall be liable to the United States(in issued by the Secretary of Labor pursuant to Title the case of work done under contract for the District 29 Part 1926 (formerly part 1518) and failure to of Columbia or a territory, to such District or to such territory), for liquidated damages. Such comply may result in imposition of sanctions liquidated damages shall be computed with respect pursuant to the Contract Work Hours and Safety to each individual laborer or mechanic, including Standards Act.(Public Law 91-54,83 Stat 96). watchmen and guards,employed in violation of the clause set forth in subparagraph (1) of this (3) The Contractor shall include the provisions of this paragraph,in the sum of$10 for each calendar day Article in every subcontract so that such on which such individual was required or permitted provisions will be binding on each subcontractor. to work in excess of eight hours or in excess of the The Contractor shall take such action with respect standard workweek of forty hours without payment of the overtime wages required by the clause set to any subcontract as the Secretary of Housing and forth in sub paragraph(1)of this paragraph. Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own F-49 99. DELAY, DISRUPTION OR OTHER CLAIMS Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly(but in no case later than ten (10)calendar days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10)calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further,the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. 100. Differing Site Conditions a. The CONTRACTOR shall notify the Engineer in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery(but in no event later than 14 calendar days) and before they are disturbed: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed and 2. Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed. b. The Engineer will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the OWNER in writing of the Engineer's findings and conclusions. c. If the OWNER concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided,to reflect and document the consequences of the difference. d. In each such case, an increase or decrease in the Contract Price or an extension or reduction of the contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the OWNER and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in the General Conditions. e. The CONTRACTR'S failure to give notice of differing site conditions within fourteen (14) calendar days of discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith,whether direct,consequential,or inconsequential in nature. f. Nothing herein shall be deemed to require the OWNER to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction. F-50 101. Physical Conditions - Underground Utilities a. Shown or Indicated: The information shown or indicated in the Contract Documents with respect to existing, underground utilities at or contiguous to the site is based on information and data furnished to the OWNER or the Engineer by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions, the Owner and the Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground utilities shown or indicated in the Contract Documents,for coordination of the work with the owners of such underground utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the Contract Price. b. Not Shown or Indicated: If an underground utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and shall notify the Engineer in accordance with the requirements of the General Conditions. F-51 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE 1 LABOR CLASSIFICATION AND MINIMUM WAGE SCALE A. GENERAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, Page 91, Chapter 45, provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate of per diem wages which shall be paid for each craft type of workman. This Article further provides that the CONTRACTOR shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after full investigation by the awarding body, the amount of this penalty in any payment that might be claimed by the CONTRACTOR or Subcontractor. The Act makes the CONTRACTOR responsible for the acts of the Subcontractor in this respect. The Article likewise requires that the CONTRACTOR and Subcontractor keep an accurate record of the names and occupations of all persons employed by him and show the actual per diem wages paid to each worker, and these records are open to the inspection of the OWNER. B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE "General Decision Number: TX20230038 01/06/2023 Superseded General Decision Number: TX20220038 State: Texas Construction Type: Highway Counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges) . Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to G-1 contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) -(60) . IIf the contract is entered i . Executive Order 14026 I ' into on or after January 30, I generally applies to the I 12022, or the contract is I contract. I 'renewed or extended (e.g. , an I . The contractor must pay loption is exercised) on or I all covered workers at lafter January 30, 2022: I least $16.20 per hour '(or I I I the applicable wage rate I I I listed on this wage I determination, if it is I I I higher) for all hours 1 i spent performing on the I 1 I contract in 2023. I I I I IIf the contract was awarded on' . Executive Order 13658 I for between January 1, 2015 and' generally applies to the I (January 29, 2022, and the I contract. I 'contract is not renewed or I . The contractor must pay all 'extended on or after January I covered workers at least I 130, 2022: I $12.15 per hour (or the I I applicable wage rate listed I I on this wage determination, I if it is higher) for all I I I hours spent performing on I that contract in 2023. 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 SUTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.98 ** ELECTRICIAN $ 27.11 FORM BUILDER/FORM SETTER Paving & Curb $ 12.34 ** Structures $ 12.23 ** G-2 LABORER Asphalt Raker $ 12.36 ** Flagger $ 10.33 ** Laborer, Common $ 11.02 ** Laborer, Utility $ 11.73 ** Pipelayer $ 12.12 ** Work Zone Barricade Servicer $ 11.67 ** PAINTER (Structures) $ 18.62 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14 .06 ** Asphalt Paving Machine $ 14 .32 ** Broom or Sweeper $ 12.68 ** Concrete Pavement Finishing Machine $ 13.07 ** Concrete Paving, Curing, Float, Texturing Machine $ 11.71 ** Concrete Saw $ 13.99 ** Crane, Hydraulic 80 Tons or less $ 13.86 ** Crane, Lattice boom 80 tons or less $ 14.97 ** Crane, Lattice boom over 80 Tons $ 15.80 ** Crawler Tractor $ 13.68 ** Excavator, 50, 000 pounds or less $ 12.71 ** Excavator, Over 50,000 pounds $ 14.53 ** Foundation Drill, Crawler Mounted $ 17.43 Foundation Drill, Truck Mounted $ 15.89 ** Front End Loader 3 CY or Less $ 13.32 ** Front End Loader, Over 3 CY $ 13.17 ** Loader/Backhoe $ 14.29 ** Mechanic $ 16.96 Milling Machine $ 13.53 ** Motor Grader, Fine Grade $ 15.69 ** Motor Grader, Rough $ 14.23 ** Off Road Hauler $ 14. 60 ** Pavement Marking Machine $ 11.18 ** Piledriver $ 14. 95 ** Roller, Asphalt $ 11.95 ** Roller, Other $ 11.57 ** Scraper $ 13.47 ** Spreader Box $ 13.58 ** Servicer $ 13.97 ** Steel Worker Reinforcing Steel $ 15.15 ** Structural Steel Welder $ 12.85 ** Structural Steel $ 14.39 ** TRUCK DRIVER G-3 Low Boy Float $ 16.03 ** Single Axle $ 11.46 ** Single or Tandem Axle Dump $ 11.48 ** Tandem Axle Tractor w/Semi Trailer $ 12.27 ** WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were G-4 prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can G-5 be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" G-6 SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT- PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled SABINE PASS MECHANIC STREET & SOUTH 1ST AVENUE ROADWAY RECONSTRUCTION PROJECT, B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of a Concrete Roadway Replacement. The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning or any subsidiary item which is customarily furnished, and the Contractor shall deliver the installation to the OWNER in operating condition. C. PLANS. City of Port Arthur Sabine Pass Mechanic Street & South 1st Avenue Roadway Reconstruction Project Construction Drawings D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph C. above, is included in items of BID for which unit prices are shown, and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. City reserves the right to schedule sequence of construction. The reconstruction of Mechanic Street should be performed first to allow continued access along South 1st Ave. to the Sabine Pass Port Authority to minimize disruption of traffic to the Port. In addition all outfall ditches and roadside ditches should be installed before performing roadwork to ensure proper drainage throughout construction activities. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between H-l A requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental Items shown in SECTION D - BID. The Contractor may not bid a unit price less than the minimum value;however,he may increase the minimum unit price. If no entry is made in the spaces provided,the minimum unit prices shown shall apply. These items are included to facilitate payment for charges and alterations that may be required to complete work. The actual work as provided by the GENERAL and SPECIAL CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on PLANS is described in PROPOSAL items other than Supplemental Pay Items. When work covered by Supplemental Items is requested by the Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and Unit Prices bid in BID. I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red ink to show as-built dimensions and location of all work constructed. J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in re-staking. H-2A SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a"note"occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein,or both,including all labor,materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI ASTM AWWA FS PCA IEEE NEC UL AISI API IPCEA American Concrete Institute American Society for Testing and Materials American Waterworks Association Federal Specifications Portland Cement Association Institute of Electrical and Electronic Engineers National Electric Code Underwriters' Laboratories American Iron and Steel Institute American Petroleum Institute Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society H-lB PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer,stake out work,establish elevations,and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line,valves,and fire hydrants,and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. H-2B •r 1 D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work,used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections,the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. H-3B If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Pre-stressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. H-4B 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety(90)days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install,test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 81/2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 81/2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form,schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen(15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed,to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above H-5B guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction, remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 56 of GENERAL CONDITIONS OF AGREEMENT, the following applies: "Where necessary to take down fences,signs,or other obstructions,replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." H-6B R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove,as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed,place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. H-7B U. FINAL INSPECTION. When construction is substantially complete as determined and approved by the City Engineer, Contractor and City of Port Arthur representatives will walk through the project from start to end limits to develop a punch list which notes and marks on site work deficiencies. This punch list of work deficiencies will be rectified and completed within thirty(30) calendar days from the date contractor has received the formal written Punch List notice. Failure to repair deficiencies or replace defected materials after thirty 30 calendar days, entitles the Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Retainage. Retainage Payment will only be released when the following are submitted and complied for Closing out of Project: 1. Completion of Punch List. 2. As-Built drawings submittal. 3. Substantial Completion Letter from contractor and Approved by City Engineer. 4. Affidavit of all Labors Paid. 5. Affidavit of all Materials Paid. 6. Certificate of Warranty— City of Port Arthur form signed by Contractor. 7. Contractor's Certificate and Release - City of Port Arthur form signed by Contractor. 8. Engineer's Certificate of Acceptance- City of Port Arthur Engineer. H-8B I SECTION I PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of , County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the Pleasure Island Commission, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2023, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. I-1 IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 2023. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. 1-2 SECTION J 1 'fi sad z" ./ y.t' f r'C> s 3 µ# .1>x . '-' ggi _ �oR .. x;;�=,_ PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. J-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 2023. ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J-2 SECTION K ROADWAY REPAIR BOND ROADWAY REPAIR BOND STATE OF TEXAS COUNTY OF JEFFERSON KNOW BY ALL MEN BY THESE PRESENTS: That of the City of , County of State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Port Arthur, Texas, a municipal corporation (owner) in the penal sum of$100,000 Dollars for the payment whereof the said principal and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents; Whereas, the principal has entered into a certain written contract with City of Port Arthur, dated the day of , for the Sabine Pass Mechanic Street & South 1st Avenue Roadway Reconstruction Project, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and keep in good repair the existing public streets, roadways or utilities used by the contractor during the construction period. Herein contracted to do all necessary repairing and/or reconstructing in whole or in part of said streets and roadways that should be occasioned by settlement of foundation, damage to roadway surface, or damage to existing utilities in the roadway right of way. Be it understood that the purpose of this section is to cover all damage to existing streets, roadways and utilities accessed and utilized by said contractor during construction. The said contractor and surety shall be subject to the liquidation damages mentioned in said contract for each day's failure on it's part to comply with the terms of said provisions of said contract; NOW, THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain and repair said existing public streets, roadways and utilities, then these presents shall be null and void and have no further effect. If default shall be made by the said contractor in the performance of it's contract to so maintain and repair said existing public streets, roadways and utilities, then these presents shall have full force and effect and said Owner shall have and recover damages from the said contract and it's principal and surety. It is further agreed that this obligation shall be continuing one against the K-1 principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond. IT WITNESS WHEREOF, the said principal and surety have signed and sealed this instrument this day of , 2023. Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Roadway Repair Bond must not be prior to date of contract. K-2 SECTION L NOTICE OF AWARD NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO.: CONTRACT FOR CONSTRUCTION OF: SABINE PASS MECHANIC STREET& SOUTH 1ST AVENUE ROADWAY RECONSTRUCTION PROJECT ******************************************************************************* You are notified that your Bid dated Wednesday, Month Date, Year for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The SABINE PASS MECHANIC STREET & SOUTH 1ST AVENUE ROADWAY RECONSTRUCTION PROJECT The Contract Price of your contract is Amount( ). Work to be performed under this contract is to be completed within 210 working 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 Contraction Firm Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within fifteen (15) calendar days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: City of Port Arthur, TEXAS BY: TITLE: ACCEPTANCE OF AWARD: CONTRACTOR: BY: TITLE: DATE: SECTION M NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO. CONTRACT FOR: SABINE PASS MECHANIC STREET & SOUTH 1ST AVENUE ROADWAY RECONSTRUCTION PROJECT **************************************************************************************************** Work to be performed under this contract is to be completed within 210 working days. You are notified that the Contract Times under the above contract will commence to run on . By that date, you are to start performing your obligations under the Contract Documents. The date of Final Completion will be Before you may start any Work at the site, Section C, Paragraph 5 of the Contract Documents provides that you must deliver to the OWNER Certificates of Insurance which you are required to purchase and maintain in accordance with the Contract Documents. (Owner/Engineer) BY: (Authorized Signature) (Title) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: (Title► (Date) SECTION N INSURANCE AC CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, (A/C,No,Ext): No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRADDLR SUBR POLICYNUMBER POLIDYEFF POLICY EXP LIMITS TYPEOFINSURANCE (MMI POLICY (MOLIC/YEXP GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident) $ AUTOS D AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? -- - -- - -- ---- -- - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under -- -- - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION 0 TECHNICAL SPECIFICATIONS General Notes and Specifications General Notes: 1. The contractor will establish the project control point,points of tangency,pi's(points of intersections),point of curvature(pc,pi and pt)and bench mark at the beginning and end of the project. 2. The contractor shall furnish all lines,grades and benchmarks,other than those specified above. Notify the Engineer immediately if discrepancies are discovered in the horizontal control or the benchmark data. 3. References to manufacturer's trade name or catalog numbers are for the purpose of identification only. Similar materials from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project,and are approved, except for roadway illumination, electrical,and traffic signal items. 4. The lengths of the posts for ground mounted signs are approximate.Verify the lengths before ordering these materials to meet the existing field conditions and to conform to the minimum sign mounting heights shown in the plans. 5. Unless otherwise shown on the plans or otherwise directed,commence work after sunrise and ensure construction equipment is off the road by sunset. 6. Do not mix or store materials, or store or repair equipment, on top of concrete pavement or bridge decks unless authorized by the Engineer. Permission will be granted to store materials on surfaces if no damage or discoloration will result. 7. The contractor will assume ownership of debris and dispose of at an approved location. Do not dispose of debris on private property unless approved in writing by the Engineer. 8. Control the dust caused by construction operations. For sweeping the finished concrete pavement, use one of the following types of sweepers or equal: Tricycle Type Truck Type-4 Wheel Wayne Series 900 M-B Cruiser II Elgin White Wing Wayne Model 945 Elgin Pelican Mobile TE-3 Mobile TE-4 Murphy 4042 9. Schedule construction operations such that preparing individual items of work follows in close sequence to constructing storm drains in order to provide as little inconvenience as practical to the businesses and residents along the project. 10. Contractor shall limit his work zone for pavement demolition and concrete placement to five(5) blocks. Concrete placement for new pavement must be complete within one(1)block of the existing roadway/pavement before demolition in the next three(3)blocks can be initiated. Fr- 11. Schedule work so that the base placement operations follow the subgrade work as closely as practical to reduce the hazard to the traveling public and to prevent undue delay caused by wet weather. 12. The Contractor's construction schedule shall be based upon the Contract Time. The Contract Time has an inclusion of Thirty (30) calendar days of inclement weather as defined in Article 54.b, c & d of the General Conditions. No request for an extension of Contract time will be considered until the actual number of inclement weather days exceeds the number of days set out herein. 13. When design details are not shown on the traffic control plans, modifications to the proposed traffic control plan to meet site conditions by either adding more detour,warning and traffic signs as approved by the engineer shall not be paid for separately but shall be considered subsidiary to the traffic control bid items. Temporary pavement markings will be paid for under its unit bid item cost. Signs and arrows shall conform to the latest"Standard Highway Sign Designs for Texas"manual. 14. City forces will maintain the existing section of streets and its appurtenances not a part of this project except that those sections damaged by the contractor's forces shall be repaired by the contractor at his entire expense. 15. The contractor shall be responsible for all maintenance of the travel way and appurtenances within the barricades for the duration of the project.No direct payment will be made for maintenance of the travel way and appurtenances within the barricades,but shall be subsidiary to various bid items. 16. All authorized waste material shall become the property of the contractor and shall be disposed of at a place off the right-of-way and approved by the engineer. 17. The contractor shall allow city forces to enter this project to accomplish such work as shown in the plans(by others)and as may be deemed necessary by the engineer. 18. All drainage structures shall be cleaned and outfall channels unobstructed at the time of acceptance by the city. 19. Ingress and egress to adjacent property shall be provided and maintained by the contractor at all times. This will not be paid for separately but shall be considered subsidiary to various bid Items. 20. The Contractor will utilize an independent Geotechnical Testing Laboratory to sample all concrete structures and make and test all concrete cylinders and test all roadway density controlled base and or subgrades in accordance with the test methods provided for under the appropriate standard specifications for the various items. Payment for this work shall be considered subsidiary to the various unit bid item. 21. The approximate locations of the known underground utility installations are shown on the plans. The contractor shall be responsible for confirming the exact location of these utility lines and of any others which may exist.No delay claim is allowed because of utility conflicts. It shall be the contractor's responsibility to notify the utility involved in case of conflict or damage and the contractor shall be held responsible for any damage that occurs due to negligence. Where the contractor encounters abandoned lines that interfere with the construction of this project, such lines shall be removed and disposed of by the contractor. There will be no direct payment for this work and it shall be considered subsidiary to the various bid items in the contract. Before excavating near existing utilities, contact the utility companies or the utility coordinating committee for exact locations to prevent damage or interference with present facilities.Notify the utility coordinating committee and the Texas One Call System. at the following numbers: Texas One Call, toll-free 1-800-245-4545 UTILITY TELEPHONE NO. CONTACT PERSON AT&T O: 409.839.7851 Eddie Cook Telephone Company M: 409.924.1495 0: 409.893.1666 Cliff Palermo M: 409.291.9489 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur 0: 409.983.8557 Darrell Harmon Water Distribution M: 409.718.2442 City of Port Arthur 0: 409.983.8551 Jerome Hudson Sewer Conveyances M: 409.543.3839 City of Port Arthur 0: 409.983.8524 Curtis Newman Drainage Superintendent M: 409.365.7184 This action does not relieve the Contractor of the responsibilities under the terms of the contract or the plans and specifications.Damage caused by the Contractor's operations shall be repaired and restored to service in a timely manner at no expense to the City. 22. Notify the Engineer at least 48 hours before constructing junction boxes at intersections of storm drains and utilities. 23. Install or remove poles, street lights and luminaires located near overhead or underground electrical lines using established industry and utility safety practices.Consult the appropriate utility company before beginning such work. 24. If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the City. 25. If working near power lines, comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved. 26. Perform electrical work in conformance with the National Electrical Code (NEC)and City standard sheets. 27. All materials,labor and incidentals required for the contractor to provide for traffic across the streets and for temporary ingress and egress to private property shall be furnished by the contractor at no additional cost to the city and shall be considered as incidental to the various bid items in this project. 28. The contractor shall furnish a certified tabulation of measurements,tare weights and allowable legal gross weight calculations for all trucks, etc.,prior to their use on the project. Each truck shall be identified by a permanent and plainly legible number located on the truck and on the bed of the truck and/or trailer. 29. Any storm water permit and associated fees required for construction of this project shall be at the contractor's expense.Also, any temporary erosion, sediment and water control measures required shall be in accordance with the details shown in the plans and all work and materials required shall be paid for under the item"Temporary Erosion, Sedimentation& Environmental Controls". 30. Storm water grading permit is required for this project and shall be filed by the contractor at the contractor's expense. 31. Contractor shall procure all the necessary city and/or state permits and licenses before the start of this project. 32. Prepare,maintain and submit for approval, a project schedule using CPM or similar project planning method. Also, submit contractor's contact personnel's telephone or cell phone numbers in case of emergencies during and after working hours. 33. Move existing signs, mailboxes, delineators and any other similar obstructions that interfere with construction to temporary locations approved by the engineer. Move them back to their permanent positions when the work progresses to the point where this is possible. Place the sign post back in accordance with the applicable standard sheets. (Pozloc System). This will not be paid for directly and will be considered subsidiary to various bid items. 34. The contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. The contractor will provide all necessary labor, equipment, temporary conveyance materials and all other incidentals and cost associated with this task to prevent flooding of roadway pavements,roadside ditches and properties on areas were construction work has started and/or on areas within project limits that will affect public safety and property damage during a storm event. Storm water will be conveyed and discharged into existing and new storm sewer structures. This work will not be measured or paid for directly but will be subsidiary to pertinent items. On areas within scope of work where water is ponding and or flooding during a rain event and as directed by the engineer, the contractor shall provide drainage and maintain temporary drainage structures and facilities which are necessary to facilitate drainage. All incidental labor, equipment, temporary material and incidental cost will not be measured or paid for directly but will be subsidiary to pertinent items. 35. Care shall be taken when moving existing property irrigation or sprinkling water facilities and its appurtenances that interfere with construction. Contractor shall temporarily relocate or disassemble, disable, and plug these facilities at their temporary location. Contractor shall restore, reconnect and activate property irrigation or sprinkling facilities its original condition or better when work is completed. This work will not be measured or paid for directly but will be subsidiary to pertinent items. Specifications for work shown in the construction documents including but not limited to the items listed below shall be in accordance with the Texas Department of Transportation 2014 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. ITEM 5: CONTROL OF WORK Any earthwork cross-sections, computer printouts,data files and any other information provided is for non-construction purposes only and it is the responsibility of the prospective bidder to validate the data with the appropriate plans, specifications and estimates for the projects. Contact the City of Port Arthur located at 444 4th Main Street(409)983-8182. ITEM 7: LEGAL RELATIONS AND RESPONSIBILITIES Furnish all materials, labor and incidentals required to provide for traffic across the highway and for temporary ingress and egress to private property in accordance with article 7.7 of the standard specifications at no additional cost to the City. This shall be incidental to the bid items on this project. Maintain the roadway slope stability. Temporary retaining structures or shoring may be required. Before installing any proposed temporary retaining structures or shoring, secure written approval. Submit design calculations, working drawings and a plan of operations including sequencing. Maintaining slope stability is subsidiary to the various bid items. This contract requires work performed on railroad property. Cooperate with the railroads and comply with all of their requirements including obtaining any training they require before performing work on railroad property. ITEM 8: PROSECUTION AND PROGRESS Gather information and direct attention to the aspects of adjoining projects that may be in progress during the construction of a portion of this project. Plan and prosecute the sequence of construction and the traffic control plan with adjacent construction projects so as not to interfere with, or hinder the completion of the work in progress on the adjoining projects. Coordinate projects to ensure an uninterrupted flow of traffic. BID ITEM NOTES ITEM 104: REMOVING CONCRETE • All concrete(sidewalks,driveways,slabs,pavement,etc.)will be saw cut to full depth at connection points to existing pavements. Saw cutting of all concrete(sidewalks,driveways, slabs,pavements, etc)and as directed by the engineer for removing concrete will not be measured or paid for directly but will be subsidiary to pertinent items. • Replace that portion of the pavement removed for storm sewer installation with ten(10) inches of flexible base and one (1) inch of asphaltic concrete pavement. This work will be considered subsidiary to this item of the contract. • Removal of concrete curb is subsidiary to this item. ITEM 110: EXCAVATION • All excavated material not used on this project shall be the property of the contractor and disposed of at a site approved by the engineer. There will be no direct payment for hauling of excess excavated material,but shall be considered subsidiary to the item 110"Excavation". • Excavation shall be a plans quantity measurement item. Payment shall be based on the quantity as shown in the proposal sheet. Additional compensation will be considered for extra excavation due to field change which effect the total quantity more than 5%. • If manipulating the excavated material requires moving the same material more than once to accomplish the desired results,the excavation is measured and paid for only once regardless of the number of manipulations required. • The total excavation quantity shown on the plans also includes the quantity for excavating behind the back of the proposed curb as shown on the typical sections. Item 132: EMBANKMENT • Provide Type A embankment unless otherwise indicated in the plans. • The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at unit price bid for Embankment(Final)". • This work is not a plans quantity measured item. • Compaction method is specified as ordinary density control compaction. • For areas to receive seed or sod, provide a finished grade with the top 4 in. capable of sustaining vegetation(top soil). ITEM 162: SODDING FOR EROSION CONTROL • Place St. Augustine block sod over graded areas as shown on the plans. (all disturbed areas not paved within the right-of-way) • Should areas of natural growth be deemed by the engineer to have sufficient cover,sodding in such areas shall be eliminated upon approval of the engineer. • The contractor shall maintain all sodded areas as shown on the plans by watering.payment for this work will be under Item 168, "Vegetative Watering". ITEM 210: ROLLING • Compact embankment,subgrade,base,surface treatment,or base materials. • The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items. ITEM 247: FLEXIBLE BASE • Flexible base Type"A"GR 1-2,Density Control and complete in place shall be used on the project unless otherwise approved by the engineer. • Flexible base materials shall be placed and compacted in a minimum of two lifts with a maximum loose material thickness of 8 inches. Compaction test will be taken at each lift as required by the Engineer. Minimum density shall be not less than 95%of maximum dry density as determined by test method TEX-1 14e&TEX-1 15-e. • Subgrade shall be rolled and compacted to not less than 95% of maximum dry density as determined by test method TEX-1 14e & TEX-1 15-e. This work shall not be measured or paid for directly but will be subsidiary to pertinent items. ITEM 340: DENSE GRADED HOT-MIX ASPHALT • The transition surface areas to be overlaid shall be bladed, cleaned and broomed where necessary and tack coated as directed by the engineer.There will be no direct payment for this work,but shall be considered subsidiary to item 340. • Siliceous granite and gravel, iron ore,or lightweight material will not be permitted on this project. • The paving mixture shall consist of a uniform mixture of coarse aggregate,intermediate aggregate, fine,and asphalt material.Fine aggregate shall consist of manufactured sands, screenings,and field sands. • Prime coating flexible base course for asphalt placement surfaces will not be paid for directly,but will be considered subsidiary to Item 340. ITEM 354: PLANING AND TEXTURING PAVEMENT • Planning of asphalt surface is limited within the area of each sub-phase under construction. • Planning of asphalt surface is for the purpose of asphalt material salvage and recycle. • City will retain ownership of planed materials. Stockpile salvaged materials at the City of Port Arthur Streets and Drainage stock yard located at the Operations Center, 201 H.O. Mills,Port Arthur,Texas 77640. ITEM 360: CONCRETE PAVEMENT • Class P concrete shall be used for all concrete roadway pavements. • Deformed reinforcement bar size, spacing and placement shall conform to TxDOT (Houston District) Standard Jointed Reinforced Concrete Pavement Detail JRCP. Spacing adjustments may be required at the edges on both sides of the proposed concrete pavement lane widths as shown in the contract drawings. • Wire mat reinforcements are not allowed for use on roadway construction for this project. Wire mat reinforcement will be allowed for use on driveways and sidewalk construction. • The contractor may use transit mix concrete in accordance with the item"ready-mix plants". • Where the pavement curb is left off for a later tie,provide the dowels or the tie bars as indicated on the paving detail sheets. The dowel bars and tie bars are subsidiary to the various bid items. • Repair portions of the concrete pavement surfaces that are damaged while in a plastic state before that area receives permanent pavement markings and opens to traffic. Perform repairs that are structurally equivalent to and cosmetically uniform with the adjacent undamaged areas. Do not repair by grouting onto the surface. • Set-retarding admixtures will not be allowed. • Hand-finishing of concrete pavement will be permitted as directed by the engineer. • Sawing of all joints shall begin as soon as sawing can be accomplished without damage to the pavement and completed before 12 hours has elapsed. Any random cracking of the pavement, which in the opinion of the engineer, is due to incomplete sawing operation shall be removed and replaced at the expense of the contractor. • Class 5 self-leveling low modulus silicone sealant shall be used on this project. • All longitudinal and transverse joints shall be sawed. • Surface test Type"A"shall apply to this project. • Concrete placement will not be permitted when impending weather conditions, in the opinion of the engineer,may result in rainfall or low temperatures which will impair the quality of the finishing work. • The contractor shall have on the job site sufficient burlap or polyethylene fabric,as directed by the engineer,to cover a section of concrete pavement 600 feet long and 16 feet wide. • Siliceous gravel will not be permitted in the mix design. • The dowel support assemblies used in concrete pavement shall be constructed using number 1/0 (0.306 inch diameter) wire in the main vertical members. Dowels shall be rigidly supported in parallel positions and shall be welded on one end to support the frame. The weld attachment shall be made alternately on opposite ends of successive dowels. The support assembly shall be subject to the approval of the engineer. • A minimum of 3/5th of each dowel bar shall be coated with hot-applied asphalt cement.The coating shall be placed on opposite ends of successive dowels. • Saw cutting of all joints(transverse expansion joints,longitudinal construction joints, longitudinal sawed joints, transverse sawed joints and others) will not be paid for separately, but shall be considered subsidiary to pertinent items. • Newly placed roadway pavement surfaces with crack(s) of any cause or nature will not be approved and accepted by the City. Crack(s) shall be repaired as shown on TxDOT Standard Full Depth Repair for Concrete Pavement FDR (CP) —05 before the acceptance of the project for maintenance by the Owner. This repair, including saw cutting of pavement full depth, reinforcing, tie and dowel bars,concrete and all incidental materials,saw cutting and sealing of joints,labor and equipment needed to complete the work shall be at the contractor's expense. ITEM 400: EXCAVATION AND BACKFILL FOR STRUCTURES • Structural excavation for pipes will not be paid for separately,but shall be considered subsidiary to pertinent items. • As shown in the drawings, structural backfilling with cement stabilized backfill for pipes under roadway pavements and or outside roadway pavements around pipe zones will not be paid for separately,but will be considered subsidiary to pertinent items. • Removal of existing storm sewer pipes as called for in the drawings will be paid for under the item for removal of pipes. Pipes removed under roadway pavements will be backfield with cement stabilized sand material up to the bottom of subgrade stabilization or base course. Pipes removed outside the roadway pavement will be backfield with suitable excavated ordinary material up to finish grade line. Cement stabilized sand backfill will be compacted to fill all voids and ordinary soil material will be compacted at 8" lifts equal to the surrounding undisturbed soil condition. Backfilling of cement stabilized sand for trench underneath roadway pavement and ordinary soil materials for trench outside roadway pavement will not be paid for separately, but will be considered subsidiary to pertinent items. ITEM 465: MANHOLES AND INLETS • The use of precast storm sewer manholes and/or inlets will not be permitted in this project • Inlet and manhole "ring and cover" shall be gray cast iron of part no. as shown in the plans. The dimensions and descriptions are shown on the plans.Dimensions may vary to the extent determined by the engineer. • Excavation will not be paid for directly but shall be considered subsidiary to this bid item. • Cement stabilized backfill shall be required around all inlets. The stabilized backfill shall not be paid for directly but shall be considered subsidiary to pertinent bid items. • If building manholes or inlets in graded areas, first construct them to an elevation at least 4 in. above the top of the highest entering pipe and cover with a wooden cover. Complete the construction of such manholes or inlets to the finished elevation when completing the grading work for such manholes or inlets. Adjust the final elevation, if required, since this elevation is approximate. • Construct manholes and inlets in paved areas to an elevation so their temporary wooden covers are flush with the surface of the base material. • Do not leave excavations or trenches open overnight. ITEM 500: MOBILIZATION • Mobilization shall not exceed ten(10)percent of the total construction items amount. ITEM 502: BARRICADES, SIGNS,AND TRAFFIC HANDLING • Submit changes to the traffic control plan to the Engineer. Provide a layout showing the construction phasing, signs, striping, and signalizations for changes to the original traffic control plan. • Furnish and maintain the barricades and warning signs, including the necessary temporary and portable traffic control devices,during the various phases of construction.Place and construct these barricades and warning signs in accordance with the latest "Texas Manual on Uniform Traffic Control Devices for Streets and Highways"for typical construction layouts. • Furnish additional barricades and signs to maintain traffic and motorists' safety when directed by the Engineer. Consider payment for these additional signs and barricades subsidiary to Item 502. • Cover work zone signs when work related to the signs is not in progress,or when any hazard related to the signs no longer exists. • Keep the delineation devices, signs, and pavement markings clean. This work is subsidiary to the Item, "Barricades, Signs, and Traffic Handling". • If a section is not complete before the end of the workday,pull back the base material to the existing pavement edge on a 6H: 1 V slope.Edge drop-offs during the hours of darkness are not permitted. • Do not mount signs on drums or barricades, except those listed in the latest Barricades and Construction standard sheets. • Use traffic cones for daytime work only. Replace the cones with plastic drums during nighttime hours. • Place positive barriers to protect drop-off conditions greater than 2 ft. within the clear zone that remain overnight. The traffic control plan(TCP) shall conform to the BC (1) - (12) standards and part VI of the Current Texas Manual Of Uniform Traffic Control Devices. • Remove all traffic control devices from the roadway, off of the right of way, when they are not in use. Devices scheduled to be used within 3 days may be placed along the shoulder of the roadway or right of way when not in use, or stored in other approved areas on the project. Cover any construction signs that are not in effect that are installed in a fashion that will not allow them to be removed from the right of way easily. • Use vertical panels instead of cones as traffic control devices. • Construct all work zone signs, sign supports, and barricades from material other than wood unless approved by the engineer. • Galvanize steel supports if used. Aluminum posts, if used, shall meet the following minimum thickness requirements: Square Feet Minimum Thickness Less Than 7.5 0.080 Inches 7.5 To 1.5 0.100 Inches Greater Than 1.5 0.125 Inches • Plan the sequence of work so as to minimize inconvenience to the traveling public. Any changes to the traffic control plan shown in the plans must be approved in writing by the Engineer. Submit the revised plan for approval to the Engineer. • The approval by the engineer of the method and procedure the contractor plans to use to handle or detour traffic will not relieve the contractor of his responsibility for the protection of the traveling public. • Install temporary fence around the open pit by the end of each working day to safeguard pedestrian using the sidewalk.No payment shall be made for this work directly,but will be consider subsidiary to this item. • Temporary traffic signalization as shown in the plans and Additional temporary traffic signalization not shown in the plans that is required to meet actual site conditions as directed by the engineer will not be measured or paid for separately,but will be considered subsidiary to this pay item. • The Contractor shall submit to the City prior to start of any construction work, a hauling truck and construction vehicles route plan. This route plan shall show streets to be taken for trucks and vehicles either empty or hauling materials going in or out the construction areas scope of work. The Streets that are to be used as truck and vehicle routes shall be truck loads roadway bearing pavements. Upon approval of the Engineer, this truck routing plan will be strictly implemented. Any changes that is required as construction phases progresses will be reviewed and approved by the Engineer. This work will not be measured or paid for separately, but will be considered subsidiary to this pay item. Construction Exit shall be paid for under Item 506. • The Contractor shall prepare proposed revised traffic Detour Plan for the construction of Lakeshore Pavement Replacement project. This shall be coincidental with the construction progress of work phases. Any addition barricades,warning and detour signs,including the necessary temporary and portable traffic control devices to detour and control traffic during the construction of the Lakeshore Drive Pavement Replacement Project will not be measured or paid for separately, but will be considered subsidiary to this pay item. • Additional Barricades, warning and detour signs, including the necessary temporary and portable traffic control devices to detour and control traffic along Mechanic Street and South 1 sr Ave.during the construction as required by the Engineer within limits and scope of project work will not be measured or paid for separately, but will be considered subsidiary to this pay item. Water and Sanitary Sewer installations will be paid under its respective Items. Temporary Asphalt Pavement restoration and Temporary Pavement Markings will be paid under its respective Items. ITEM 506: TEMPORARY EROSION,SEDIMENTATION AND ENVIRONMENTAL CONTROL • A Storm Water Pollution Prevention Plan(SWP3)is required for submittal when the disturbed area is 1 acre and greater,with the"Notice of Intent"(NOl)as required.The NOI will be completed and filed by the Contractor at the contractor's own expense. • Use appropriate measures to prevent, minimize, and control the spill of hazardous materials in the construction staging area. Remove and dispose of materials in compliance with State and Federal laws. • Before starting construction, review with the Engineer the SW3P used for temporary erosion control as outlined on the plans. Before construction, place the temporary erosion and sedimentation control management practices as shown on the SWP3. • Before starting grading operations and during the project duration, place the temporary or permanent erosion control measures to prevent sediment from leaving the right of way. • Implement temporary and permanent erosion control measures to comply with the Texas Pollution Discharge Elimination System(TPDES)general permit. • Schedule the sodding work as soon as possible after completing earthwork operations,restore and sod the disturbed areas in accordance with the City's specifications for permanent or temporary erosion control. ITEM 529: CONCRETE CURB, GUTTER,AND COMBINED CURB AND GUTTER • Only machine-laid concrete curb and combined curb and gutter will be allowed on this project. No hand-laid curb will be allowed on this project. • Curb cuts with laydown curbs as shown in the drawings will be paid under Item 529 "Concrete Curb,Gutter, and Combined Curb and Gutter" measured in linear feet. ITEM 530: INTERSECTIONS,DRIVEWAYS,AND TURNOUTS • Saw cutting of concrete and asphalt pavement at break back line as shown in the drawings for Intersections, Driveways and Turnouts shall not be paid for separately, but shall be subsidiary to this unit bid item. Any additional modifications and incidental saw cutting of concrete and asphalt pavement at intersections, driveways, and turnouts required to meet existing site conditions, construction grade standards as shown in the drawings and as directed by the engineer will not be measured or paid for directly but will be subsidiary to pertinent items. • Any additional saw cutting of existing driveways pavements beyond Right of Way lines inside private property as permitted by the owner,not shown in the drawings as determined and ordered by the Engineer to meet standard grade requirements will not be measured or paid for directly but will be subsidiary to pertinent items. End of General Notes GOVERNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation(TXDOT)2014 Standard Specifications for Construction of Highways, Streets and Bridges as adopted by the State of Texas. These items which are listed below and which are contained in the TX DOT 2014 Standard Specifications are hereby adopted and made part of the Contract Documents to the same extent as if they were herein reproduced in full subject to such modifications, revisions or supplements as may appear in the section entitled Special Provisions in these Contract Documents to follow: Standard Specifications: Item 100 Preparing Right of Way Item 105 Removing Treated and Untreated Base and Asphalt Pavement Item 104 Removing Concrete Item 110 Excavation(132) Item 162 Sodding for Erosion Control Item 164 Seeding for Erosion Control Item 168 Vegetative Watering Item 216 Proof Rolling Item 247 Flexible Base Item 260 Lime Treatment Item 276 Cement Treatment(Plant Mix)(204)(210)(216)(300)(520) Item 292 Asphalt Treatment(Plant Mix) Item 300 Asphalts, Oils,and Emulsions Item 305 Salvaging, Hauling, and Stockpiling Reclaimable Asphalt Pavement Item 340 Dense-Graded Hot-Mix Asphalt(Method)(300)(301)(320)(520)(585) Item 354 Planing and Texturing Pavement Item 360 Concrete Pavement(421)(420)(438)(440)(529) Item 400 Excavation and Backfill for Structures(132)(402) Item 412 Hydraulic Cement Concrete Item 462 Concrete Box Culverts and Drains Item 464 Reinforced Concrete Pipe Item 465 Junction Boxes,Manholes, and Inlets(420)(421)(427)(440)(442)(471) Item 466 Headwalls and Wingwalls Item 467 Safety End Treatments Item 496 Removing Structures Item 500 Mobilization Item 502 Barricades, Signs, & Traffic Handle Item 506 Temporary Erosion, Sedimentation and Environmental Controls Item 529 Concrete Curb& Gutter(360)(420)(421)(440) Item 530 Driveways and Turnouts(247)(276)(360)(421)(440) Item 644 Small Roadside Sign Assemblies Item 666 Retroreflectorized Pavement Markings Item 760 Cleaning and Reshaping Ditches End of Governing Construction Specification SECTION P QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUB(MI LIED ED TO: CITY OF PORT ARTHUR BYCl1 Cal"fraG4OfS 6J Cg &ipj'Yen4 6--Tb [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE K t r 10 t(Lii 1 if 1 TX.. The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: b r S 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor 30 Li rS (b) As a sub-contractor 30 y(S 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner 5go t�4Jcn5 '//2 . C; -y Peac.Nv,�Fiie 6FB7 s-tre r N,ise, y/9-3 C --y o( At Lvi -I 41,D1'ot \+--,Gf Di"" ;Cris g o5/Ja3 L'�4 a.7,joy /61/11/1,5 Ili cU b .SIN'""" aepa ce jvet+c* � 3 ,Sa • f r , S(0 1\4,-`4-k ��3 1 r (v S L !(��� f °ro`f v P-1 4. Have you ever failed to complete any work awarded to you? N 0 If so, where and why? 5. In what manner have you inspected this proposed work? Explain in detail. As per Spe.e- 6. Explain your plan or layout for performing the proposed work: /5 of 5.10-e-C-- 7. The work, if awarded to you,will have the personal supervision of whom? (a) For administrative management? -- JJ (b) For resident construction superintendence? CGT�5 E'ires trs p, 15r;m (c) What experience in this type of work is enjoyed by the superintendent designated under(b)above? 8. What portions of the work do you intend to sub-let? P-2 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity,Etc. Condition Service Location 7/Vde kac �o2i�r IZo (l er Sk;Astccer Atp f rust. tvla 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? Yes P-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer /Q )7.5,5So (earek,a() ,51 DoT A, /.0, '7'39 c kt2c p /OD t C,4 a Pvri- pr'heir 739,c07cD k-ric�ronik 10 _'J Boa. C -it-4t( Dated at //: i0 lit. this 3) day of Pt u O�U.S , 20 a BY,�. TITLE: ?re S ideri f P-4 SECTION Q HOUSE BILL 89 VERIFICATION House Bill 89 Verification I. 13x'ec_k. SauJS (Person name), the undersigned representative (hereafter referred to as "Representative") of i tC. Con+lc C47a rS al-NA E1-r<lLpal-11 (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity: 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME. the undersigned authority, on this 30 day of R uc{ilSt- . 20a3 4 00 Monica Ann Kelley 4 * My Commissi!21/2on025Expires4 * 10 1:7.4)2 )S , ,� Notary ID _�{/�/i ()AAA:()AAA: 133405420 V" Notary Public SECTION R NON-COLLUSION AFFIDAVIT NON-COLLISION 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: reGk Title: P«sc d eeL- -- Company: \ h rS and C9 4:pin ert_i LTO Date: SUBSCRIBED and sworn to before me the undersigned authority by the 30 of, 9,03on behalf of said bidder. ,, Monica Ann Kelley Notary Public in and for theO ,skMy Commisslon Expires ,N tatf/2025 ► State of Texas 133405420 My commission expires: IO/al J&D:).S SECTION S AFFIDAVIT AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: ✓I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Ccxl4l? c -trs c2 Y r9it i pmQYt.-t C-1 t Firm Name Date ?rec ict-ertf A orized Signature Title rB(ec4- SaLLIS 4404 Name (please print) Telephone Email Monica Ann Kelley STATE: T2xas ( My commission Notar ID Expires 133405 4 20 COUNTY: .3as per - - - - - - - - - SUBSCRIBED AND SWORN to before me by the above named breCc SCLLAS on this the �jD day of Ntl,,kSt ,20 9.3 . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION T SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION I, re.0 c ,the undersigned and representative of �I i t'� C c rS ar4 tkt p(yleeL L! D (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. 'reck Sclols Name of Company Representative(Print) ignature of Company Representative 3 Date APPENDIX U FEDERAL CLAUSES 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS The following access to records requirements apply to this Contract: • Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity- The following equal employment opportunity requirements apply to the underlying contract: 3. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con- tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. gpr 7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 8. TERMINATION TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. 9. DEBARMENT& SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA REQUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 11. RESOLUTION OF DISPUTES, BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 12. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended. ro) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority. 13. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER ACT (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 16. FLY AMERICA REQUIREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. DAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government."40 USC 3145(a), 29 CFR 5.2(h),49 CFR 18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a), 29 CFR 5.5(a). `Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating."29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 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 paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or(C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found,upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. logr (2) Withholding - City Utilities shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, City Utilities may, after written notice.to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (5) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 18. .CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT — OVERTIME COMPENSATION 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 19. BONDING BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified 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 thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 20. SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 21. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 22. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. • Buy America certification is mandated under FTA regulation, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by FTA regulation, "Buy America Requirements--Surface Transportation Assistance Act of 1982,as amended," 49 C.F.R.66I.12,but has been modified to include FTA's Buy America requirements codified at 49 U.S.C.A 53230). Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. §5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: 1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1)component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK,OR ASSOCIATED EQUIPMENT 23. ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 24. BID PROTESTS. (1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: •Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five (5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen(15) days of receipt of the protest. Within the fifteen (15) day time period, the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. 25. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA), as amended(42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. APPENDIX V CHILD SUPPORT CERTIFICATION CHILD SUPPORT CERTIFICATION TEXAS FAMILY CODE,SECTION 231.006 INELIGIBILITY TO RECEIVE STATE GRANTS,LOANS OR RECEIVE PAYMENT ON STATE CONTRACTS A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner,shareholder,or owner with an interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property,materials or services,or receive a state-funded grant or loan until: I. All arrearages have been paid; 2. The obligor is in compliance with a written repayment agreement or court order as to any existing delinquency;or 3. A court-ordered exemption has been granted. CERTIFICATION STATEMENT Under Section 231.006,Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledge that this contract may be terminated and payment may be withheld if this certification is inaccurate. I,the undersigned,hereby certify that I am in compliance with the Texas Family Code,Section 231.006. AGREED TO BY: E �-f e C�Q dr,c-t S and, E ,p ra LTD CONTRACTOR Name: &e -k Title: Pr CS; cd en t Date: y'�b' APPENDIX A FORM FOR REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: , 20 MONTH OF: , 20 CITY OF PORT ARTHUR, TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR, TEXAS 77641-1089 ATTENTION: Public Works Department Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified (list dates actually lost: do not include days not normally worked such as Saturdays, Sundays, or holidays): Dates Lost: Days Lost( ) / 5 x 7 + Working Days Requested Reasons for Request: Contractor By: Approved for extension of Working Days. Disapproved. Date: , 20 CITY OF CITY OF PORT ARTHUR, TEXAS BY: City Manager Distribution by City Original: Public Works Engineering Cc: Engineer Contractor CPA Federally Funded APPENDIX B SPECIAL PROVISIONS SPECIAL PROVISIONS IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to the fact that utility adjustments may be required for the construction of this project. The Contractor will be expected to coordinate work with all utility companies in order to maintain service at all times to the adjacent property owners. Additional time will be granted for delays caused by unforeseen utility adjustments, if in the opinion of the Engineer, such delays warrant additional time. It is specifically understood, however, that if the Contractor is delayed by virtue of these utility adjustments,that this delay will not be considered as a basis for a claim by the Contractor. The following utility companies are involved in the construction of this project and a telephone number and current contact person are listed: UTILITY TELEPHONE NO. CONTACT PERSON AT&T 0: 409.839.7851 Eddie Cook Telephone Company M: 409.924.1495 0: 409.893.1666 Cliff Palermo M: 409.291.9489 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur 0: 409.983.8557 Darrell Harmon Water Distribution M: 409.718.2442 City of Port Arthur 0: 409.983.8551 Jerome Hudson Sewer Conveyances M: 409.543.3839 City of Port Arthur 0: 409.983.8524 Brad Brown Drainage Superintendent M: 409.365.7184 Entergy 0: 409.982.5830 Pauline Oliver M: 409.679.6154 Spectrum 0: 409.720.5565 Adam LaRive M: 409.284.3765 The utilities listed above will be adjusted by the Owner of the utility and will not be the responsibility of the Contractor with the exception of sewer and water line adjustments. The Contractor shall perform all work necessary to adjust the sewer and water lines as detailed in the plans. SP-1 SPECIAL PROVISIONS DETOURS,BARRICADES,WARNING SIGNS, SEQUENCE OF WORK, ETC. • The Contractor's particular attention is directed to the requirements of Article 5 "The Contractors Responsibilities" of the "General Conditions". In addition to these requirements, the following provisions shall govern on this Contract. • Prior to beginning any work on this project,it will be necessary for the Contractor to participate in the pre-construction safety meeting with the Engineer in charge of the project,and other agencies. The Engineer in charge of the project will notify the Contractor when this meeting will be held. This meeting shall be prior to the beginning of working time changes. • Before beginning work on this project, the contractor shall submit in writing, for approval by the Engineer, a plan of operation outlining in detail a sequence of work to be followed and the anticipated construction schedule. The reconstruction of Mechanic Street should be performed first to allow continued access along South 15t Ave. to the Sabine Pass Port Authority to minimize disruption of traffic to the Port. In addition all outfall ditches and roadside ditches should be installed before performing roadwork to ensure proper drainage throughout construction activities. • The Traffic Control Plan shall be governed by TxDOT Traffic Control Plan,Barricades and Traffic Control Standards; BC(1-12)-14 and Work Zones Traffic Control Details as shown on the plans. • Flaggers,portable barricades,pavement markings,and warning signs in addition to those shown in the plans may be required as directed by the Engineer in order to insure a safe and continuous flow of traffic. If the Contractor desires to deviate from the Traffic Control Plans, approval from the Engineer must be obtained. No additional compensation will be allowed the Contractor if there is a deviation from the Traffic Control Plan. • The Contractor's particular attention is called to the Traffic Control Plan and sequence of work detailed in the plans. Strict adherence to this plan will be required unless otherwise approved by the Engineer in writing. • It is the intent of the City of Port Arthur that unfavorable impact by the contract work,on businesses and residences,shall be minimized. The Contractor shall notify in writing,at least forty-eight(48) hour prior to beginning any phase of work, all businesses and residences which are expected to be affected by said phase of work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the Plans and Contract documents. General: • The Contractor shall provide the traffic control devices so detailed in the Traffic Control Plan. It is the intent of the sequence of work that the Contractor be continually aware and responsive to the needs of the traveling public and that all operations be performed with the needs of the public and local residences in mind and to insure the safety of both the public and the project personnel. • Maintain existing storm water drainage facilities. During construction in all phases of work on site or as ordered by the engineer, the contractor will provide all necessary labor, equipment and conveyance materials to drain the storm water and discharge into existing and new storm sewer SP-2 structures where storm water will flood properties and roadways. This will not be paid for separately, but will be considered subsidiary to various bid items. Drainage facilities shall be installed and in place before roadwork can commence to ensure adequate drainage during construction activities. • Insure that safe access is provided to bus stops, bus shelters and to and from bus loading and unloading at all times. • Provide temporary driveway access crossing construction area at the end of each day. • All change orders will be required to be approved thought eh City of Port Arthur and TxDOT approval process prior to implementation of any work related to the change order. All costs associated with the change order shall be detailed include labor and materials as required by TxDOT. END OF SECTION SP-3 APPENDIX C GEOTECHINAL REPORT ilerracon GeoRe - ..ort p Geotechnical Engineering Report Mechanic Street Reconstruction Port Arthur, Texas August 23, 2022 Terracon Project No. CF225030 Prepared for: Fittz &Shipman, Inc. Beaumont, Texas Prepared by: Terracon Consultants, Inc. Port Arthur, Texas Environmental i Facilities f Beetecknicsl ! Materials August 23, 2022 llerracon Fittz &Shipman, Inc. GeoReport 1405 Cornersone Court Beaumont, Texas 77706 Attn: Mr. Daniel A. Dotson, M.E., P.E. - President P: (409) 832-7238 E: ddotson@fittzshipman.com Re: Geotechnical Engineering Report Mechanic Street Reconstruction Mechanics Street Port Arthur, Texas Terracon Project No. CF225030 Dear Mr. Dotson: Terracon Consultants, Inc. (Terracon) is pleased to submit our geotechnical engineering report for the project referenced above in Port Arthur, Texas. We trust that this report is responsive to your project needs. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report or if we may be of further service, please contact us. Sincerely, Terracon Consultants, Inc. (Texas Firm Registration No.: F-3272) Ruofan Chu, P.E. sot .*/ Joshua C. Miles, P.E. • Project Manager RUOFAN CHU i Department Manager / • /...0% 141968 �Q 4 E✓rS N0��'+ William M. Martin, P.E., APMP Senior Geotechnical Engineer Terracon Consultants, Inc 101 Highway 365. Suite 600 Port Arthur, Texas 77640 P I409! 293 3355 terracon.com Environmental Facilities Geotechnical Materials l it GeoReport REPORT TOPICS INTRODUCTION 1 SITE CONDITIONS 2 PROJECT DESCRIPTION 2 GEOTECHNICAL CHARACTERIZATION 2 GEOTECHNICAL OVERVIEW 4 EARTHWORK 4 PAVEMENTS 8 GENERAL COMMENTS 16 FIGURES 18 Note:This report was originally delivered in a web-based format. For more interactive features,please view your project online at client.terracon.com. ATTACHMENTS EXPLORATION AND TESTING PROCEDURES SITE LOCATION AND EXPLORATION PLAN EXPLORATION RESULTS (Boring Logs and Laboratory Data) SUPPORTING INFORMATION (General Notes and Unified Soil Classification System) Note: Refer to each individual Attachment for a listing of contents. Responsive ■ Resourceful • Reliable Geotechnical Engineering Report Mechanic Street Reconstruction Mechanics Street Port Arthur, Texas Terracon Project No. CF225030 August 23, 2022 INTRODUCTION This report presents the results of our subsurface exploration and geotechnical engineering services performed for the proposed street reconstruction to be located at Mechanics Street in Port Arthur, Texas. This project was authorized by Mr. Daniel A. Dotson, M.E., P.E. with Fittz &Shipman, Inc. through signature of Agreement for Services on July 13,2022. This project was performed in general accordance with Terracon Proposal No. PCF225030 dated July 6, 2022. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • Site and subgrade preparation • Pavement reconstruction guidelines The geotechnical engineering Scope of Services for this project included the advancement of nine test borings to depths of approximately 5 feet below existing grade. Maps showing the site and boring locations are shown in the Site Location and Exploration Plan sections, respectively. The results of the laboratory testing performed on soil samples obtained from the site during the field exploration are included on the boring logs in the Exploration Results section. Responsive ■ Resourceful • Reliable Geotechnical Engineering Report 11erracon Mechanic Street Reconstruction Port Arthur, Texas August 23, 2022 Terracon Project No. CF225030 GeoReport SITE CONDITIONS The following description of site conditions is derived from our site visit in association with the field exploration. Item Description The project site consists of the segment of Mechanic Street between Project site information Dowling Road and South 1st Avenue located in Port Arthur, Texas. N 29.733924°/W 93.889833° (approximate) (See Exhibit D) Existing improvements Two-lane asphaltic concrete pavement, roadside ditches, overhead powerlines and underground utilities. Current ground cover 1 Asphaltic concrete Existing topography Relatively level. PROJECT DESCRIPTION Our initial understanding of the project was provided in our proposal and was discussed during project planning. A period of collaboration has transpired since the project was initiated, and our final understanding of the project conditions is as follows: Item Description Project The proposed improvement includes the reconstruction of approximately improvements 2,567 linear feet of existing asphaltic concrete pavement. Both full-depth reconstruction and re-use of existing materials will be considered." Final grade The new pavement surface will match the existing pavement elevation. Both rigid (concrete) and flexible (asphalt) pavement sections will be Pavements considered. The following traffic information was provided by the client. • Light Duty (up to 300 ESALs) • Heavy Duty (up to 352,000 ESALs) 1. Information was provided by client via email on June 29,2022. GEOTECHNICAL CHARACTERIZATION Geology Based on the geologic maps published by the Bureau of Economic Geology, the site for the proposed construction is located on the Beaumont formation, a deltaic nonmarine Pleistocene deposit. The Beaumont formation is heterogeneous containing thick interbedded layers of clay, fine sand, and silt. Responsive • Resourceful • Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction a Port Arthur, Texas August 23, 2022 ■ Terracon Project No. CF225030 GeoReport The coastal plain in this region has a complex tectonic geology, several major features of which are: Gulf Coastal geosyncline, salt domes, and major sea level fluctuations during the glacial stages, subsidence and geologic faulting activities. Most of these geologic faulting activities have ceased for millions of years, but some are still active. A detailed geologic fault investigation and study of the site geology are beyond the scope of this report. Subsurface Profile We have developed a general characterization of the subsurface conditions based upon our review of the subsurface exploration, laboratory data, geologic setting and our understanding of the project. This characterization, termed GeoModel, forms the basis of our geotechnical calculations and evaluation of site preparation and foundation options. Conditions observed at each exploration point are indicated on the individual logs. The individual logs can be found in the Exploration Results section and the GeoModel can be found in the Figures section of this report. As part of our analyses, we identified the following model layers within the subsurface profile. For a more detailed view of the model layer depths at each boring location, refer to the GeoModel. Model Layer Layer Name General Description Fill-Lean Clay, Fill-Silty tan and gray, with scattered aggregate, shell 1 Sand, and Fill-Fat Clay fragments, sand pockets, clay seams and scattered roots. 2 Sandy Lean Clay and Lean tan and gray, very soft to stiff, with ferrous nodules Clay with Sand 3 Clayey Sand tan and gray, loose The approximate pavement layer thicknesses observed at the boring locations are presented in the table below. Mechanic Street Pavement Layer Thicknesses Asphaltic Concrete Crushed Aggregate Boring Number Surface Course and Sand with Fines (inches) (inches) B-1 1 11 B-2 '/2 11% B-3 '/ 12% B-4 '/2 12% B-5 '/2 15 B-6 '/Z 15 B-7 '/Z 13 B-8 3% 12 B-9 '/z 11'/ Responsive • Resourceful • Reliable 3 Geotechnical Engineering Report llerracon Mechanic Street Reconstruction a Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport Groundwater Conditions Borings B-1 through B-9 were advanced using dry drilling techniques to their termination depths (approximately 5 feet) in an effort to evaluate groundwater conditions at the time of the field program. Groundwater was not observed at borings B-1 through B-9 during or upon completion of drilling. The water levels observed in the boreholes can be found on the boring logs in Exploration Results. Groundwater level fluctuations occur due to seasonal variations in the amount of rainfall, runoff and other factors not evident at the time the borings were performed. Therefore, groundwater levels during construction or at other times in the life of the structure may be higher or lower than the levels indicated on the boring logs. The possibility of groundwater level fluctuations should be considered when developing the design and construction plans for the project and should be evaluated prior to construction. GEOTECHNICAL OVERVIEW • Fill soils were observed beneath the existing pavement at Borings B-1 through B-9 and extended to depths that ranged from about 2 to 5 feet. Fill may be present at varying depths and at other locations not explored during our field program. • We anticipate that grade will match existing pavement elevation. • Based on information provide by client, we understand traffic loading will be Light Duty (up to 300 ESALs) and Heavy Duty (up to 352,000 ESALs). • Full-depth reconstruction would provide a pavement with less maintenance and a longer life expectancy. This summary should be used in conjunction with the entire report for design purposes. Details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein. The section titled General Comments should be read for an understanding of the report limitations. EARTHWORK The following sections provide recommendations for use in the preparation of specifications for the work. Recommendations include critical quality criteria as necessary to render the site in the state considered in our geotechnical engineering evaluation for pavements. Responsive ■ Resourceful ■ Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction ■ Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport Site Preparation Where a total rebuild of the pavement section is planned, the pavement reconstruction areas should be stripped of the existing pavement section and any underlying existing vegetation, organics, and debris. Buried debris might be present within the existing soil. If encountered, such debris would need to be completely removed and replaced with compacted pavement fill soil. Additional weak soil may need to be overexcavated, depending on conditions of the exposed subgrade. Once final subgrade elevations have been achieved, the exposed subgrade should be evaluated by Terracon. That evaluation will require proof rolling as described subsequently. Any soft or pumping areas should be overexcavated to competent material. Provision should be made in the construction contract documents for overexcavation of weak soils below the planned subgrade elevation in the event they are encountered. Weak areas detected during evaluation, as well as areas containing organic matter and/or debris should be removed and replaced with pavement fill within the proposed pavement reconstruction area. Proper site drainage should be maintained during construction so that ponding of surface runoff does not occur and cause construction delays and/or inhibit site access. It is our understanding that finished grade of the new pavement will be at approximately the same elevation as the existing pavement. The existing pavement section includes '/2 to 3% inches of asphalt over 11 to 15 inches of aggregate base. The existing pavement section should be removed to the depth required to place the new asphalt or concrete pavement and the underlying 8 inches of aggregate should be chemically treated with cement. Prior to chemical treatment, the site and subgrade should be prepared as outlined below. If the existing pavement components are utilized, the existing asphalt and base with sand, silts and clays should be milled and pulvamixed to a depth of 8 or 10 inches and treated with lime-flyash or cement. Existing underground utilities may be present in pavement areas. Any abandoned underground utilities which interfere with new construction should be removed, and the excavations backfilled with compacted pavement fill. If buried pipes cannot be removed, then those pipes should be capped and filled with flowable fill. Backfill around active utilities should consist of cement treated sand to within 12 inches of the top of the subgrade compacted to at least 95 percent of the Standard Effort (ASTM D698) maximum dry density. The upper 12 inches should consist of crushed aggregate compacted to at least 95 percent of the Modified Effort (ASTM D1557) maximum dry density at a moisture content within 2 percent of the material's optimum moisture content. Once design grade has been achieved, the subgrade should be proofrolled with an adequately loaded vehicle such as a fully loaded tandem-axle dump truck. The proofrolling should be performed under the direction of the Geotechnical Engineer. Areas excessively deflecting under the proof-roll should be delineated and subsequently addressed by the Geotechnical Engineer. Responsive • Resourceful • Reliable 5 Geotechnical Engineering Report lierracon Mechanic Street Reconstruction ■ Port Arthur, Texas — -- August 23, 2022 • Terracon Project No. CF225030 GeoReport Such areas should either be removed and replaced with moisture-conditioned materials or modified by chemical treatment as outlined in Wet Weather/Soft Subgrade Considerations. After the pavement area has been graded and proofrolled, any fill material required to achieve the design subgrade elevation should be placed and compacted in accordance with Fill Material Types and Fill Compaction Requirements. Fill Material Types If required, pavement fill to be used at this site for grade adjustments within the paving area should meet the following criteria. Fill Type USCS Classification Acceptable Location for Placement Clayey Sand (SC)or Recommended for pavement fill. Silty sands and sandy Pavement Fill Sandy Lean Clay (CL) silts are sensitive to moisture content and might have 4<_PI<_25 constructability issues during compaction. Fill Compaction Requirements Item Description The fill soils should be placed on prepared surfaces in lifts not to Fill lift thickness exceed 8 inches loose measure, with a compacted thickness not to exceed 6 inches. • Pavement fill soils and aggregate should be compacted to at least 95 percent of the Standard Effort(ASTM D698) maximum dry density. • The pavement fill soils or aggregate used as fill should be Compaction requirements moisture adjusted to within 2 percent of the optimum moisture content. • The upper 8 inches of crushed aggregate directly below the concrete should be chemically treated and compacted as recommended in Pavements. Prior to any filling operations, samples of the proposed borrow and on-site materials should be obtained for laboratory moisture-density testing. The tests will provide a basis for evaluation of fill compaction by in-place density testing. Terracon should perform sufficient in-place density tests during the filling operations to evaluate that proper levels of compaction, including dry unit weight and moisture content, are being attained. Responsive • Resourceful • Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction ■ Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeOReport Wet Weather/Soft Subgrade Considerations After stripping existing pavement, construction operations may encounter difficulties due to the wet or soft surface soils becoming a general hindrance to equipment due to rutting and pumping of the soil surface, especially during and soon after periods of wet weather. If the subgrade cannot be adequately compacted to minimum densities as described above, one of the following measures will be required: 1) removal and replacement with select fill, 2) chemical treatment of the soil to dry and improve the condition of the subgrade, or 3) drying by natural means if the schedule allows. In our experience with similar soils in this area, chemical treatment is an efficient and effective method to increase the supporting value of wet and weak subgrade. Terracon should be contacted for additional recommendations if chemical treatment of the soils is planned due to soft and/or wet subgrade. Earthwork Construction Considerations Shallow excavations required to replace unsuitable soils or to achieve design grade for the proposed project are anticipated to be accomplished with conventional construction equipment. Upon completion of filling and grading, care should be taken to maintain the subgrade water content prior to construction of pavement areas. Construction traffic over the completed subgrades should be avoided. The site should also be graded to prevent ponding of surface water on the prepared subgrades or in excavations. Water collecting over or adjacent to construction areas should be removed. If the subgrade freezes, desiccates, saturates, or is disturbed, the affected material should be removed, or the materials should be scarified, moisture conditioned, and recompacted prior to pavement construction. If excavations are necessary, as a minimum, excavations should be performed in accordance with OSHA 29 CFR, Part 1926, Subpart P, "Excavations" and its appendices, and in accordance with any applicable local, and/or state regulations. Construction site safety is the sole responsibility of the contractor who controls the means, methods, and sequencing of construction operations. Under no circumstances shall the information provided herein be interpreted to mean Terracon is assuming responsibility for construction site safety, or the contractor's activities; such responsibility shall neither be implied nor inferred. Construction Observation and Testing The earthwork efforts should be monitored under the direction of the Geotechnical Engineer. Monitoring should include documentation of adequate removal of vegetation and topsoil, proofrolling, and mitigation of areas delineated by the proofroll to require mitigation. Each lift of compacted fill should be tested, evaluated, and reworked, as necessary, until approved by the Geotechnical Engineer prior to placement of additional lifts. Each lift of fill should be tested Responsive ■ Resourceful • Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction r Port Arthur, Texas August 23, 2022 ■ Terracon Project No. CF225030 GeoReport for density and water content at a frequency of at least one test for every 5,000 square feet in pavement areas. In addition to the documentation of the essential parameters necessary for construction, the continuation of the Geotechnical Engineer into the construction phase of the project provides the continuity to maintain the Geotechnical Engineer's evaluation of subsurface conditions, including assessing variations and associated design changes. PAVEMENTS This project includes reconstruction of Mechanics Street. We understand that finished grade of the new pavement will be at approximately the same elevation as the existing pavement. The traffic loading will be Light Duty (up to 300 ESALs) and Heavy Duty (up to 352,000 ESALs). The project consists of the reconstruction of existing pavement. The reconstruction may be accomplished by pulva-mixing and chemically treating the existing pavement materials (asphalt, and/or crushed stone base), then placement of rigid concrete pavement or hot mix asphaltic concrete. As an alternate, the reconstruction could be accomplished by removal and off-site disposal of the asphaltic concrete and base material, chemically treating the subgrade, then placement of either rigid concrete pavement or hot mix asphaltic concrete over base material. Full Depth Reconstruction For areas requiring full depth reconstruction, we recommend the following: • The existing pavement materials (surficial asphaltic concrete and underlying crushed aggregate and sand with fines) should be stripped off. • The exposed subgrade should be proofrolled as described below to detect weak areas. • Weak areas detected during proofrolling should be removed and replaced with pavement fill or chemically treated. • The top 8 inches of the finished subgrade soils should then be chemically treated and then tested for moisture and density as per recommendations provided in Pavement Construction Specifications. We anticipate that lime, lime-fly ash or cement would be the most appropriate chemicals for treatment of the upper pavement subgrade soils that exist at this site. Recommended specifications for treatment of the subgrade soil with lime, lime-flyash and cement are presented subsequently in this report. We understand subgrade treatement might be accomplished utilizing a proprietary product called "LithTech. We anticipate the LithTech manufacturer or their qualified representative will utilize the subsurface information contained in this report for design of the LithTech pavement support system. Responsive • Resourceful • Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction • Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport Pavement design grades are expected to require cuts and fills. Following removal of existing asphalt pavement, stripping and cutting to design grade, and prior to placement of any fill, the pavement subgrade should be proof rolled to detect any soft areas. We recommend subgrade preparation within the pavement areas include removal of asphalt, stripping, and placement of compacted pavement fill. Weak areas detected during proof rolling should be overexcavated and replaced with pavement fill or chemically treated. After design subgrade elevation is achieved by cutting and filling, we recommend that the top 8 inches of the finished subgrade soils directly beneath the pavement be chemically treated. Chemical treatment will increase the supporting value of the subgrade and decrease the effect of moisture on subgrade soils. We recommend that Terracon observe the subgrade soils following cut and fill to the design pavement subgrade elevation in order to determine the type chemical(s) that would be the most appropriate for treatment of the subgrade soil. Additionally, if construction is performed during periods of significant rain events, chemical treatment of existing weak soils might be necessary to facilitate construction of the new pavement section. Pulva-Mixing Following pulva-mixing the existing asphalt and underlying pavement materials and subgrade, and prior to placement of any fill (if needed), the exposed pavement subgrade should be proof rolled as discussed subsequently to detect any weak areas. Proof rolling and placement of any fill needed to achieve design grades will require temporary blading of pulverized materials from one side of the road to the other to expose the underlying subgrade soils. Weak areas should be either removed and replaced with compacted pavement fill or chemically treated. Upper subgrade materials in pavement areas are expected to include predominantly a mixture of pulva-mixed asphaltic concrete and a combination of aggregate base with sand, silts and clays. Chemical treatment will increase the supporting value of the subgrade and decrease the effect of moisture on subgrade soils. Lime fly-ash or cement may be used for treatment of the pulva-mixed asphaltic concrete and a combination of aggregate base with sand, silts and clays . We recommend that Terracon observe the subgrade soils following filling, milling, and grading to the design pavement subgrade elevation in order to determine which type(s) of chemical should be used for treatment. The type of chemical used for treatment should be determined based on the predominant soil type exposed. Recommendations and specifications for treatment of subgrade soil with lime fly-ash or cement are presented subsequently in this report. Responsive • Resourceful ■ Reliable Geotechnical Engineering Report llerracon Mechanic Street Reconstruction ■ Port Arthur, Texas August 23, 2022 ■ Terracon Project No. CF225030 GeoReport Pavement Design Parameters Design of pavements for the project has been based on the guidelines outlined in the 1993 Guideline for Design of Pavement Structures by the American Association of State Highway and Transportation Officials (AASHTO-1993). Design Parameters Design Value Reliability 95 percent Standard Deviation 0.35 Drainage Coefficient 1.15 Design Serviceability Loss 2.5 Concrete Compressive Strength (28-day) 4,000 psi Concrete Modulus of Rupture (28-day) 550 psi Concrete Elastic Modulus 3.7 x 106 psi Load Transfer Coefficient 2.7 Mean Effective k-value 250 pci Pavement Section Thicknesses Based on the information provided by the client, we understand the traffic loading will be Light Duty (up to 300 ESALs) and Heavy Duty (up to 352,000 ESALs).The following tables provide our recommendations for minimum thicknesses of asphaltic concrete and portland cement concrete sections for the planned traffic for both pulva-mixing and full depth replacement: Asphaltic Concrete Design (Full Depth Replacement) Thickness (inches) Layer Light Duty Heavy Duty Asphaltic Concrete Surface 1 2 2.5 Asphaltic Concrete Base2 0 5 Aggregate Base 2 6 8 Chemically Treated Subgrade Soil 8 8 All materials should meet the current TxDOT Specifications. • Asphaltic Surface-TxDOT Item 340, Type D Fine Surface • Asphaltic Base—TxDOT Item 340,Type B Fine Base _ Aggregate base per TxDOT Item 247, Grades 1 or 2. Responsive ■ Resourceful • Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction m Port Arthur, Texas August 23, 2022 Terracon Project No. CF225030 GeoReport Asphaltic Concrete Over Pulvamixed Pavement Thickness (inches) Layer Light Duty Heavy Duty Asphaltic Concrete Surface' 3 6 Chemically Treated 10 10 Pulvamixed Material 1. All materials should meet the current TxDOT Specifications. • Asphaltic Surface-TxDOT Item 340, Type D Fine Surface Portland Cement Concrete Design (Full Depth Replacement) Thickness (inches) Layer Light Duty Heavy Duty Portland Cement Concrete 5 7 Chemically Treated Subgrade Soil 8 8 1. All materials should meet the current TxDOT specifications. s Concrete Pavement—TxDOT Item 360, minimum 28-day compressive strength of 4,000 psi Portland Cement Concrete Over Pulvamixed Pavement Thickness (inches) Layer Light Duty Heavy Duty Portland Cement Concrete 5 7 Chemically Treated Pulvamixed Material 8 1 All materials should meet the current TxDOT specifications. 8 • Concrete Pavement—TxDOT Item 360, minimum 28-day compressive strength of 4,000 psi Many combinations of material types and thicknesses could be used for the proposed pavement. Final design of the pavement should be based upon achieving the strongest section that is within the budget for this particular project. If it becomes necessary that a pavement with a lesser thickness of the recommended values be used, a reduction in life of the pavement and greater maintenance should be anticipated. We would be pleased to provide additional data or evaluate other sections during your design of the project. Please contact Terracon if recommendations are needed for other traffic loadings. Responsive ■ Resourceful or Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction ■ Port Arthur, Texas August 23, 2022 Terracon Project No. CF225030 GeoReport Acceptable performance of the new pavement will be strongly influenced by maintenance, drainage, and other unknown factors. The service life of this pavement is based on periodic maintenance, adequate drainage, and traffic that is consistent with the design traffic discussed previously in this report. Pavement Construction Specifications The following information may be used to prepare technical specifications for construction of the pavement. Specifications referred to herein are the Texas Department of Transportation (TxDOT) 2014 "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges." Portland Cement Concrete Surface: Portland cement concrete pavement surfacing should be constructed directly on the chemically treated subgrade soil. Concrete for the pavement should be designed for a 28-day compressive strength of 4,000 pounds per square inch. An air entraining admixture is recommended to increase durability of the concrete. Item 360 of the TxDOT Specifications may be used as a technical specification for reinforced concrete pavement. Steel reinforcement will not prevent the concrete pavement from cracking. Nevertheless, we recommend that steel reinforcement be used to help hold cracks together. Guidelines developed by the American Concrete Institute may be used to prepare technical specifications for steel reinforcement. Concrete pavement details for joint spacing, joint reinforcement, and joint sealing should be prepared in accordance with American Concrete Institute (ACI 330R-01 and ACI 325R.9-91). PCC pavements should be provided with mechanically reinforced joints (doweled or keyed) in accordance with ACI 330R-01. A sand leveling course beneath concrete pavements should not be permitted. Where practical, we recommend early-entry cutting of crack-control joints in concrete pavements. Cutting of the concrete in its "green" state typically reduces the potential for micro-cracking of the pavements prior to the crack control joints being formed, compared to cutting the joints after the concrete has fully set. Micro-cracking of pavements may lead to crack formation in locations other than the sawed joints, and/or reduction of fatigue life of the pavement. Hot Mix Asphaltic Concrete Courses — The asphaltic concrete surface and base courses should be plant mixed, hot laid Types A or D, as appropriate, meeting the specifications requirements in TxDOT Item 340. Specific criteria for the job specifications should include compaction to within an air void range of 5 to 9 percent, calculated using the maximum theoretical gravity mix measured by TxDOT Tex-227-F. The asphalt cement content by percent of total mixture weight should be within ± 0.5 percent asphalt cement from the job mix design. Aggregate Base: We recommend that aggregate base meet the requirements of Type A, Grades 1 or 2 crushed aggregate, Item 247 of the TxDOT Specifications. This material should be Responsive • Resourceful • Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction ■ Port Arthur, Texas August 23, 2022 ■ Terracon Project No. CF225030 GeoReport compacted to at least 95 percent of the material's maximum dry unit weight determined by ASTM D 1557 Modified Effort. Moisture content should be maintained within 3 percent of the material's optimum moisture content. Crushed stone base should be placed directly on the chemically treated subgrade. After compaction, the base should be protected until the asphalt surface is constructed. Chemically Treated Mixed Roadway Material— If cement treatment is utilized, 3.5 percent cement by dry weight of pulverized material should be mixed into the asphaltic concrete/crushed stone or concrete/crushed stone mixture. This percentage is typically equivalent to about 30 pounds cement per square yard per 8-inch depth, or about 37 pounds cement per square yard per 10-inch depth. Cement treatment can be the source of shrinkage cracks in the treated asphaltic concrete/crushed stone layer, which can reflect through the asphaltic concrete surface. Therefore, the cement treated layer should be microcracked to minimize reflective cracking and improve pavement performance. Microcracking involves application of several vibratory roller passes to the cement treated layer, one to two days after final compaction, to create a fine network of thin cracks. Practical experience has shown that 5 passes of a 12-ton steel wheel roller operating at a speed of about 2 to 3 mph with the vibrator set to maximum amplitude leads to satisfactory results. The cement and water to be used in the mix as well as cement application, mixing, compaction, finishing, and curing should meet the requirements as specified in TxDOT 2004 Standard Specifications Item 275. Other preventative measures that should be taken to reduce the likelihood that wide cracks will occur in a cement treated layer are as follows: • Provide a stress relief layer in the pavement structure to prevent the cracks in the cement treated layer from causing stress concentrations in the asphaltic concrete surface. This can be accomplished by using a bituminous surface treatment (chip seal) between the cement treated layer and the asphaltic concrete surface course • Take effective steps for curing immediately after final compaction so that the surface of cement treated layer is moist until a permanent moisture barrier is in place. The moisture barrier can be a bituminous emulsion Prime Coat which should be used to treat the newly constructed surface in accordance with TxDOT 2004 Standard Specifications Item 310. • Delay paving as long as practical following the placing of the prime coat. The idea is to place the surface layer after most of the shrinkage cracks have already occurred. Lime-Flyash Treated Subgrade or Pulva-Mixed Material: Low-plasticity soils (Atterberg plasticity index < 15) may be treated with lime-flyash in accordance with TxDOT Item 265. Based on our local experience, we recommend that about 3 percent lime and 7 percent flyash by dry weight be used for planning and estimating. The quantity of lime and flyash required is computed as a percent of dry soil weight, and those percentages are typically equal to about 20 pounds lime and 50 pounds flyash per square yard, per 8-inch depth, or about 26 pounds lime and 60 pounds Responsive • Resourceful ■ Reliable Geotechnical Engineering Report 11erracon Mechanic Street Reconstruction ■ Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport flyash per square yard, per 10-inch depth for treated subgrade. The percentages of lime and lime fly-ash for pulvamixed material are typically equal to about 25 pounds lime and 60 pounds flyash per square yard, per 8-inch depth or about 32 pounds lime and 74 pounds flyash per square yard, per 10-inch depth of pulvamixed material. The subgrade should be compacted to a minimum of 95 percent of the material's maximum dry unit weight as determined by ASTM D 698 Standard Effort at a moisture content within 2 percent of the material's optimum moisture content. Lime Treated Subgrade: Imported pavement fill (Atterberg plasticity index > 15) may be treated with lime. We recommend that about 5 percent lime by dry weight of soil (equal to about 35 pounds per square yard per 8-inch depth) be used for estimating and planning of subgrade treatment. That amount of lime should be verified by the use of pH tests at the time of construction. Lime treatment of the subgrade soil should be in accordance with provisions of TxDOT Item 260. After the specified initial mixing, moist curing, and final mixing, lime treated subgrade soil should be compacted to at least 95 percent of the material's maximum dry unit weight determined by ASTM D 698 Standard Effort at a moisture content at, or within 4 percent above, the material's optimum moisture content. Type C quicklime meeting the requirements of TxDOT Item 260 could be used in lieu of hydrated lime. In no case should waste lime or by-product lime material (sometimes called carbide lime or blue lime) be approved for use. The surface of the lime treated subgrade should be protected until the concrete or crushed stone base is placed. Lime-Flyash Treated Subqrade: Low-plasticity soils (Atterberg plasticity index < 15) may be treated with lime-flyash in accordance with TxDOT Item 265. Based on our local experience, we recommend that about 2 percent lime and 8 percent flyash by dry weight be used for planning and estimating. The quantity of lime and flyash required is computed as a percent of dry soil weight, and those percentages are typically equal to about 14 pounds lime and 56 pounds flyash per square yard, per 8-inch depth. The subgrade should be compacted to a minimum of 95 percent of the material's maximum dry unit weight as determined by ASTM D 698 Standard Effort at a moisture content within 2 percent of the material's optimum moisture content. Cement Treated Subqrade Soil: Cement treatment of subgrade soil should be in accordance with TxDOT Items 275 and 276. Cement treatment would be effective for treating the low-plasticity soils, and imported pavement fill (PI < 15). We recommend the use of at least 6 percent cement by dry weight of soil, equivalent to about 45 pounds of cement per square yard of area to be treated for the recommended 8-inch thickness of cement treated subgrade soil. The cement and soil should be thoroughly dry mixed to a uniform consistency, the moisture content should be adjusted to within 2 percent of optimum, and the mixture should be compacted to at least 95 percent of the maximum dry unit weight determined by ASTM D 698. Compaction should be completed within 2 hours of the addition of water to the dry-mixed materials. Responsive ■ Resourceful ■ Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction a Port Arthur, Texas August 23, 2022 a Terracon Project No. CF225030 GeoReport Pavement Maintenance The pavement sections represent minimum recommended thicknesses and, as such, periodic maintenance should be anticipated. Therefore, preventive maintenance should be planned and provided for through an on-going pavement management program. Maintenance activities are intended to slow the rate of pavement deterioration and to preserve the pavement investment. Maintenance consists of both localized maintenance (e.g., crack and joint sealing and patching) and global maintenance (e.g., surface sealing). Preventive maintenance is usually the priority when implementing a pavement maintenance program. Additional engineering observation is recommended to determine the type and extent of a cost-effective program. Even with periodic maintenance, some movements and related cracking may still occur and repairs may be required. Pavement performance is affected by its surroundings. In addition to providing preventive maintenance, the civil engineer should consider the following recommendations in the design and layout of pavements: • Final grade adjacent to paved areas should slope down from the edges at a minimum 2%. • Subgrade and pavement surfaces should have a minimum 2% slope to promote proper surface drainage. • Install below pavement drainage systems surrounding areas anticipated for frequent wetting. • Install joint sealant and seal cracks immediately. • Seal all landscaped areas in or adjacent to pavements to reduce moisture migration to subgrade soils. • Place compacted, low permeability backfill against the exterior side of curb and gutter. • Place curb, gutter and/or sidewalk directly on clay subgrade soils rather than on unbound granular base course materials. Pavement Design and Construction Considerations After the pavement subgrade has been prepared to a firm, unyielding condition, as evidenced by proof rolling, and after any fill has been placed and compacted, we recommend that the top 8 to 10 inches of the finished subgrade soils or pulvamixed material directly beneath the pavement be chemically treated. The 8 to 10 inches of chemical treatment is a required part of the pavement design and is not a part of site and subgrade preparation for wet/soft subgrade conditions. It is possible that new underground utility lines may cross the proposed pavement areas. Settlement of utility line backfill could result in pavement distress and failures. We recommend that utility trenches in pavement areas be backfilled with cement treated sand in order to reduce the potential for settlement of the backfill. The pavement sections represent minimum recommended thicknesses and, as such, periodic maintenance should be anticipated. Therefore, preventive maintenance should be planned and provided for through an on-going pavement management program. Maintenance activities are Responsive a Resourceful • Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction ■ Port Arthur, Texas -- —--- August 23, 2022 ■ Terracon Project No. CF225030 GeoReport intended to slow the rate of pavement deterioration and to preserve the pavement investment. Maintenance consists of both localized maintenance (e.g., crack and joint sealing and patching) and global maintenance (e.g., surface sealing). Preventive maintenance is usually the priority when implementing a pavement maintenance program. Additional engineering observation is recommended to determine the type and extent of a cost-effective program. Even with periodic maintenance, some movements and related cracking may still occur and repairs may be required. GENERAL COMMENTS Our work is conducted with the understanding of the project as described in the proposal, and incorporated collaboration with the design team as we completed our services to verify assumptions. Revision of our understanding to reflect actual conditions important to our work was based on these verifications and it is reflected in this report. The design team should collaborate with Terracon to confirm these assumptions and to prepare the final design plans and specifications. This facilitates the incorporation of our opinions related to implementation of our geotechnical recommendations. Any information conveyed prior to the final report is for informational purposes only and should not be considered or used for decision-making purposes. Our analysis and opinions are based upon our understanding of the geotechnical conditions in the area, the data obtained from our site exploration and from our understanding of the project. Variations will occur between exploration point locations, across the site, or due to the modifying effects of construction or weather. The nature and extent of such variations may not become evident until during or after construction. Terracon should be retained as the Geotechnical Engineer, where noted in the final report, to provide observation and testing services during grading, excavation, foundation construction and other earth-related construction phases of the project. If variations appear, we can provide further evaluation and supplemental recommendations. If variations are noted in the absence of our observation and testing services on-site, we should be immediately notified so that we can provide evaluation and supplemental recommendations. Our Scope of Services does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other services should be undertaken. Our services and any correspondence are intended for the sole benefit and exclusive use of our client for specific application to the project discussed and are accomplished in accordance with generally accepted geotechnical engineering practices with no third party beneficiaries intended. Any third party access to services or correspondence is solely for information purposes only. Reliance upon the services and any work product is limited to our client, and is not intended for third parties. Any use or reliance of the provided information by third parties is done solely at their own risk. No warranties, either express or implied, are intended or made. 111 Responsive • Resourceful ■ Reliable Geotechnical Engineering Report lierracon Mechanic Street Reconstruction • Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport Site characteristics as provided are for design purposes and not to estimate excavation cost. Any use of our report in that regard is done at the sole risk of the excavating cost estimator as there may be variations on the site that are not apparent in the data that could significantly impact excavation cost. Any parties charged with estimating excavation costs should seek their own site characterization for specific purposes to obtain the specific level of detail necessary for costing. Responsive • Resourceful • Reliable 17 FIGURES Contents: GeoModel Responsive ■ Resourceful ■ Reliable GEOMODEL 1 11rracon_ Mechanic Street Reconstruction ! Port Arthur,Texas _ Terracon Project No.CF225030 GeoRegort B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 9 0 0.5 if 2.0 n� ^F4. •fix �.' >. ^r z ri z ift u. `. 4+ SWR X7 f' / 4rR �f+ 1..' w 2.5 :x� 4ta ; 1 4 1 -d'. , 1 , .i? 'i5, r- i r' iR / 1 e; f �j p 3.5 y� `',; `' % 4A 2 v IILI m 4.0 ='r`t ' = ^?:4 ^-1.4 /4 •`:.4.4 0 :r't G 4.5 SaR, Say ,�.�• 2 . 2 3 tiS 5.0 -Rl 5 ft s `T 1 5 5 5 .5 2 5 _�'1 5 5.5 6.0 6 6.5 This is not a cross section.This is intended to display the Geotechnical Model only.See individual logs for more detailed conditions. Model Layer Layer Name General Description Fill-Lean Clay,Fill- tan and gray,with scattered aggregate,shell fragments,sand 1 Silty Sand,and Fill- pockets,clay seams,and scattered roots Fat Clay j __ 2 Sandy Lean Clay and tan and gray,very soft to stiff,with ferrous nodules Lean Clay with Sand 3 Clay Sand tan and gray,loose LEGEND ■Asphalt [1 Lean Clay with Sand ®Fill n Lean Clay ,Sandy Lean Clay r/Clayey Sand NOTES: Layering shown on this figure has been developed by the geotechnical engineer for purposes of modeling the subsurface conditions as required for the subsequent geotechnical engineering for this project. Numbers adjacent to soil column indicate depth below ground surface. ATTACHMENTS Responsive ■ Resourceful ■ Reliable Geotechnical Engineering Report lrerracon Mechanic Street Reconstruction • Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport EXPLORATION AND TESTING PROCEDURES Field Exploration Number of Borings Approximate Boring Depth Boring Location (feet) 9 (B-1 through B-9) 5 Mechanic Street Boring Layout and Elevations: We used handheld Global Positioning System (GPS)equipment to locate the approximate latitude and longitude of the borings with an accuracy of+/-25 feet. The boring depths were measured from the existing ground surface at the time of our field activities. Subsurface Exploration Procedures: We advanced soil borings with a standard truck-mounted mounted drill rig using solid stem auger and wet rotary drilling techniques. Samples were obtained at 2-foot intervals in the upper 12 feet of each boring and at intervals of 5 feet thereafter. Soil sampling was typically performed using open-tube and/or split-barrel sampling procedures. Cohesive soil samples were generally recovered using open-tube samplers. Hand penetrometer tests were performed on samples of cohesive soils in the field to serve as a general measure of consistency. Granular soils and soils for which good quality open-tube samples could not be recovered were sampled by means of the Standard Penetration Test (SPT). This test consists of measuring the number of blows (N)required for a 140-pound hammer free falling 30 inches to drive a standard split- spoon sampler 12 inches into the subsurface material after being seated six inches. This blow count or SPT"N"value is used to evaluate the stratum. An automatic SPT hammer was used in advancing the split-spoon sampler at the borings. A greater efficiency is typically achieved with the automatic hammer compared to the conventional safety hammer operated with a cathead and rope. Published correlations between the SPT N-values and soil properties are based on the lower efficiency cathead and rope method. The higher efficiency of an automatic SPT hammer affects the SPT N-value by increasing the penetration per hammer blow over what would be obtained using the cathead and rope method. The samples were placed in appropriate containers, taken to our soil laboratory for testing, and classified by a geotechnical engineer. In addition, we observed and recorded groundwater levels during drilling and sampling. We backfilled the borings with auger cuttings <or> cement-bentonite grout and patched them at the surface with concrete cement or asphaltic concrete cement after completion. We backfilled the borings with auger cuttings and closed them at the top by pressing in one or more concrete cylinders after completion. Responsive ■ Resourceful ■ Reliable EXPLORATION AND TESTING PROCEDURES 1 of 2 Geotechnical Engineering Report lierracon Mechanic Street Reconstruction • Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport Our exploration team prepared field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling, and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent an interpretation of the field logs by a geotechnical engineer and include modifications based on laboratory observation and tests on select samples. Laboratory Testing The project engineer reviewed the field data and assigned various laboratory tests to better understand the engineering properties of the various soil strata as necessary for this project. Procedural standards noted below are for reference to methodology in general. In some cases, variations to methods were applied because of local practice or professional judgment. Standards noted below include reference to other, related standards. Such references are not necessarily applicable to describe the specific test performed. • Water content • Unit dry weight • Atterberg limits • Percent passing No. 200 sieve • Unconfined compressive strength Our laboratory testing program included examination of soil samples by an engineer. Based on the results of our field and laboratory programs, we described and classified the soil samples in accordance with the Unified Soil Classification System (USCS). Samples not tested in the laboratory will be stored for a period of 30 days subsequent to submittal of this report and will be discarded after this period, unless we are notified otherwise. Responsive • Resourceful • Reliable EXPLORATION AND TESTING PROCEDURES 2 of 2 SITE LOCATION AND EXPLORATION PLAN Contents: Site Location Exploration Plan Note: All attachments are one page unless noted above. Responsive ■ Resourceful ■ Reliable SITE LOCATION lierracon Mechanic Street Reconstruction • Port Arthur, Texas August 23, 2022 • Terracon Project No. CF225030 GeoReport r.� 4 M S7 �4 44.0 S3 3rp, y. Sr S �'F 41 Sabine Pass Az, .161 S nth `C+ St ,st `A I P s 1LIG Ci st 3322 87 Project Alignment 2000 feet DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS EXPLORATION PLAN lierracon Mechanic Street Reconstruction . Port Arthur, Texas GC'OReport August 23, 2022 • Terracon Project No. CF225030 `,l :,''; c ..4:7!),L7 '-4i1PHI':01.':,--."S'' -j'-,' , 6" 7 154 3 _. • s �; C? „ -* 1 a 1011 .1‹, -..z._. ._. 1 „A E , _� B-S k .r t • B5 i . P ems. B-4 I 4;" i : B-2 _ , r ',16-,, / :-'''' -- _ B-1 '‘iiir Boring Location F- •, , ; 500 et .II DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS EXPLORATION RESULTS Contents: Boring Logs (B-1 through B-9) Note: All attachments are one page unless noted above. BORING LOG NO. B-1 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur,Texas w 0 LOCATION See Exploration Plan w z WW STRENGTH TEST o AT LIMITTSRG w O u Z Y J WO H CO W >= t Z Latitude:29.7318°Longitude:-93.8913° = J< w O. w LU w D= O < o_ wWU —w CO cw a�= �o ow LL-PL-PI oLU 2 0 0 <O 0 LL F- 2ON I— U � wa DEPTH 0 PAVEMENT,approximately 1 inch asphaltic concrete 1.0 underlain by about 11 inches crushed aggregate with ? ',% sand,fines,and shell fragments er'. •,.,_ FILL-LEAN CLAY(CL),dark gray,with scattered 0 4' aggregate •LL; -with shell fragments 1 to 4 feet — 0.25(HP) UC 0.46 13.3 32.3 89 47-17-30 5rf_.,= -tan and gray below 2 feet LL ,41 g �t as5.0 0.25(HP) oBoring Terminated at 5 Feet 5 z 0 UQ W r 'LL 0 z 0 0 U F- U 0 0 CC W U U z 2 U W 2 O O N N 0 U W 0 z O r 0 W 0 r 0 0 a w Z a 0 0 0 CC LL 0 W Stratification lines are approximate.In-situ.the transition may be gradual. a w y Advancement Method: See= fora Notes: Dry augered to depth of 5 feet description of field and laboratory procedures used and additional data(If any). F See 5 c;,, for explanation of O Abandonment Method: symbols and abbreviations. z Boring backfilled with auger cuttings and capped at the surface with asphalt. 0 WATER LEVEL OBSERVATIONS c� Boring Started:07-27-2022 Boring Completed:07-27-2022 mZ No free water observed lerracc:iri Drill Rig:Truck Driller:DAS 101 Highway 365 Ste 600 Port Arthur TX Project No.:CF225030 BORING LOG NO. B-2 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur, Texas ATTERBERG 0 LOCATION See Exploration Plan w z LU STRENGTH TEST LIMITS w > >0 co co w Z U Latitude:29.7326°Longitude:-93.8909° LL ¢ F-I w co 1-22c, o W z 1 p0 ga LU w W W w w� F o W LL-PL-PI DEPTH 0 PAVEMENT,approximately'/2 inch asphaltic 1.0 concrete underlain by about 11'/2 inches crushed - ' \aggregate with sand,fines,and shell fragments 16.2 37-16-21 FILL-LEAN CLAY(CL),dark gray,with scattered _ o iUtir, aggregate and shell fragments '=" -tan and gray below 2 feet — 0.75 HP Li; tan ( ) a • toll -0114. w ;t -with sand pockets below 4 feet 0.25(HP) a :5.0 Boring Terminated at 5 Feet 5 z 0 U re re W H a. C9 z 0 rz 4: H 0 0 U W K H 0) U 6 0 U W 2 0 O U- U- 0 U J J W 0 Z O J Q 0) 0 cc U 0 a w LU Z_ 0 O 0 K W O w Stratification lines are approximate.In-situ,the transition may be gradual. a w 0 Advancement Method: See Exploration ana Testing Procedures for a Notes: `1- Dry augered to depth of 5 feet description of field and laboratory procedures used and additional data(If any). See Supporting Information for explanation of 0 Abandonment Method: symbols and abbreviations. z co Boring backfilled with auger cuttings and capped at the surface with asphalt. 0 o WATER LEVEL OBSERVATIONS c� Boring Started:07-27-2022 Boring Completed:07-27-2022 Z No free water observed lerrac:on Drill Rig:Truck Driller:DAS 101 Highway 365 Ste 600 F Port Arthur,TX Project No.:CF225030 BORING LOG NO. B-3 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur,Texas ATTERBERG w 0 LOCATION See Exploration Plan w Z wd STRENGTH TEST o u LIMITS w n Latitude:29.7332°Longitude:-93.8903° Q H a �F a W Z z F F -J1 �> -J Ou) r co �w D= p o_ 0- H W0. W a Z Z o W—CD LL-PL-PI U 3pLL o�CL Oo a DEPTH 0 PAVEMENT,approximately'/:inch asphaltic N 1.1 concrete underlain by about 12%inches crushed 3r. \aggregate with sand,fines,and shell fragments t�' FILL-LEAN CLAY(CL),tan and gray,with scattered 10. aggregate and shell fragments possibly chemically treated approximately 1 to 2 feet 0.75(HP) UC 0.79 10.7 15.7 117 25-13-12 O i� 4.0 w ./ ` FILL-SILTY SAND(SM),tan and gray,with clay gec'5.0 seams — 0.5(HP) 37 of Boring Terminated at 5 Feet 5 z 0 rr W r a c� z 0 U H z 0 0 U W N z 0 U W 2 0 0 0 a, N N LL U J J W 0 z O J F CI) 0 W U CC 0 O a CC z 0 0 0 U- LL 0 W Stratification lines are approximate.In-situ,the transition may be gradual. Advancement Method: See Exploration and Testing Procedures for a Notes: Dry augered to depth of 5 feet description of field and laboratory procedures aused and additional data(If any). > See Sup porting Information for explanation of z Abandonment Method: symbols and abbreviations. ,n Boring backfilled with auger cuttings and capped at the surface with asphalt. 0 WATER LEVEL OBSERVATIONS c� Boring Started:07-27-2022 Boring Completed:07-27-2022 Z No free water observed lierracon 0 Drill Rig:Truck Driller:DAS 101 Highway 365 Ste 600 Port Arthur:TX Project No.:CF225030 BORING LOG NO. B-4 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur, Texas ATTERBERG re W 0 LOCATION See Exu crarcn an w z wa F STRENGTH TEST o LIMITS w O 0 a Z g = Latitude:29.7340°Longitude:-93.8898° _ —W'j w J a W w I- LLI O w w W wre I- Cr = g 3 0 o W LL-PL-PI DEPTH O PAVEMENT,approximately inch asphaltic 1.1 concrete underlain by about 12Yz inches crushed \aggregate with sand,fines,and shell fragments 1:.; 2.0 FILL-LEAN CLAY(CLI,tan and gray,with scattered / o --vs. %.aggregate and shell fragments f K. ; ui r, FILL-SILTY SAND(SMI,tan and gray,with — 0.25(HP) 15.2 19-15-4 g 'a!" . scattered aggregate and clay pockets 4.0 2 (HP) SANDY LEAN CLAY(CLI,tan and gray,soft Q 2 /45.0 0. ( ) o Boring Terminated at 5 Feet 5 z O w i O F U cc z 0 0 U cc U_ U W 2 0 0 O v1 N N 0 U J J W 0 cc O J cc co y 0 W 0 0 a cc J 2 0 0 O U. LL 0 W Stratification lines are approximate.In-situ,the transition may be gradual. a w y Advancement Method: See Exploration and Testing Procedures for a Notes' LL Dry augered to depth of 5 feet description of field and laboratory procedures used and additional data(If any). F .See Supporting Information for explanation of 0 Abandonment Method: symbols and abbreviations. Boring backfilled with auger cuttings and capped at the surface with asphalt. WATER LEVEL OBSERVATIONS 0 Boring Started:07-27-2022 Boring Completed:07-27-2022 mZ No free water observed lerraconRig: Drill Truck Driller:DAS cn 101 Highway 365 Ste 600 r Port Arthur.TX Project No.:CF225030 BORING LOG NO. B-5 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz & Shipman, Inc. Beaumont, Texas SITE: Mechanic Street Port Arthur,Texas ATTERBERG w C7 LOCATION See Exploration Plan J z w STRENGTH TEST a LIMITS Z LL } 5 O Latitude:29.7341°Longitude:-93.8893° w Q ~ F a <1 w z z F UJ z o a� w w 0 W w w ¢� z cc LL-PL-PI 2 0U' 11 O < um w O- N OU �� DEPTH 0 a PAVEMENT,approximately''/%inch asphaltic 1 3 concrete underlain by about 15 inches crushed _ ,, \aggregate with sand,fines,and shell fragments i� •;2.0 FILL-LEAN CLAY(CL),tan and gray,with scattered '':'% aggregate and shell fragments O 1 trix%Y o ....lip. FILL-FAT CLAY(CHI,dark gray — 0.5(HP) UC 0.87 7.4 38.4 88 62-20-42 V010 a _' ^4.0 w 2 +;1/7 LEAN CLAY WITH SAND(CL), gray,very soft 0.25(HP) • 5.0 5 • Boring Terminated at 5 Feet pi 0 aU rr W H a. a O z O rn U rn z Z O U W N U_ 2 U xi f 0 0 O v) N N 0 U J J W 0 z C7 O H 0 W C, re 0 0 a w J z 0 O U- LL a W Stratification lines are approximate.In-situ,the transition may be gradual. cn Advancement Method: See Exploration and Testing Procedures for a Notes: Dry augered to depth of 5 feet description of field and laboratory procedures used and additional data(If any). See Supporting Information for explanation of O Abandonment Method: symbols and abbreviations. z Boring backfilled with auger cuttings and capped at the surface with asphalt. WATER LEVEL OBSERVATIONS z Boring Started:07-27-2022 Boring Completed:07-27-2022 No free water observed lierracon DOH Rig:Truck Driller:DAS 0 m N 101 Highway 365 Ste 600 1 Port Arthur,TX Project No.:CF225030 BORING LOG NO. B-6 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur, Texas ATTERBERG W 0 LOCATION See Explorat,on Plan J z w STRENGTH TEST n Z LIMITS w }} cowg 0 Latitude:29.7353°Longitude:-93.8888° = w 1— a co a W Z 1 J = } u U' �W S z < w W W d o w w w Z 3 Z )- CI LL-PL-PI w 2 0 co LL w Q. OU 3 a DEPTH U PAVEMENT,approximately''/2 inch asphaltic N 1.3 concrete underlain by about 15 inches crushed _ aggregate with sand,fines,and shell fragments 5 1 2.0 FILL-FAT CLAY(CH),tan and gray,with scattered / _ 20.6 51-17-34 o \aggregate and shell fragments 2 LEAN CLAY(CLi,tan and gray,medium stiff — 1.0(HP) 4.0 w S . CLAYEY SAND(SC),tan and gray,loose 0.25(HP) 35 /:5.0 5 o Boring Terminated at 5 Feet z 0 QU Li W F 0 z 0 I- U cc K co Z 0 0 U W to N U 0 U w 2 0 M 0 N N LL U J J W 0 z O J Li 0 W 0 0 a w J Q Co 0 0 0 U- V_ a W Stratification lines are approximate.In-situ,the transition may be gradual. w Advancement Method: See Exploration and Testing Procedures for a Notes: `L- Dry augered to depth of 5 feet description of field and laboratory procedures aused and additional data(If any). See Supportingexplanation pportin Information for of O Abandonment Method: symbols and abbreviations. zco Boring backfilled with auger cuttings and capped at the surface with asphalt. O WATER LEVEL OBSERVATIONS 0 Boring Started:07-27-2022 Boring Completed:07-27-2022 No free water observed I ?rracon Drill Rig:Truck Driller:DAS m 101 Highway 365 Ste 600 Port Arthur,TX Project No.:CF225030 BORING LOG NO. B-7 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur,Texas ATTERBERG w 0 LOCATION See Exploration Plan w Z WW STRENGTH TEST o LIMITS w CO dn 0 Latitude:29.7361°Longitude:-93.8883' _Lt. -j< H~ a m ?A' W z 1- w o r �> J pca f mow aW > Z O w W w - a w z o W LL-PL-PI 2 0 0 �� < 0 cc LL w pm 3 a DEPTH PAVEMENT,approximately Yz inch asphaltic 1.1 concrete underlain by about 13 inches crushed _ -Al, \aggregate with sand,fines,and shell fragments �~ FILL-FAT CLAY(CH),dark gray — o ;;,;1r: -with scattered aggregate and shell fragments 1.1 to 2 w .� feet — 0.75(HP) UC 0.90 8.7 28.9 96 53-22-31 -with scattered roots 2 to 4 feet a -''4.0 — w SANDY LEAN CLAY(CL),tan and gray,soft 2 5— 1-2-2 of N=4 z 6.0 Boring Terminated at 6 Feet re U W c� z O I- U cc cc Z 0 U W K N 2 U W 0 a, Cl N N U. U W 0 Z O J Co 0 cc 0 0 0. a W Q: J Ec 0 0 cc U- LL 0 W F- Stratification lines are approximate.In-situ,the transition may be gradual. Hammer Type: Automatic a � Advancement Method: See Exploration and Testing Procedures for a Notes: LL Dry augered to depth of 6 feet description of field and laboratory procedures used and additional data(If any). See Supporting Information for explanation of o Abandonment Method: symbols and abbreviations. Z Boring backfilled with auger cuttings and capped at the O surface with asphalt. WATER LEVEL OBSERVATIONS Boring Started:07-27-2022 Boring Completed:07-27-2022 mz No free water observed Icrrac:cri Drill Rig:Truck Driller:DAS 101 Highway 365 Ste 600 Port Arthur TX Project No.:CF225030 BORING LOG NO. B-8 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur, Texas w O LOCATION See Exploration Plan w z w STRENGTH TEST — - ATTE ITERG O LIMITS w Oca U Latitude:29.7368°Longitude:-93.8879° v LJ Q F~ a � e w z m F F w xa _ > w O rnO <w = z I- w w a, _1 cn a z 0 LL-PL-PI V ce w ce 2 0 �m0 i LL F pal Cf)I- OU a DEPTH U PAVEMENT,approximately 3%inches asphaltic I concrete underlain by about 12 inches crushed — g 1 2.1.o aggregate with sand,fines,and shell fragments 19.3 38-19-19 FILL-LEAN CLAY(CLZ,tan and gray,with scattered _ o vo \aggregate and shell fragments Li; LEAN CLAY(CL),tan and gray,very soft to stiff,with — 1.25(HP) 5 2 j ferrous nodules 0 U ~ A5.0 0.25(HP) o Boring Terminated at 5 Feet 5 zI 0 go K re w H R o O P U o K I- z Z 0 U w K H 0 U_ 0 U w 0 0 In N 04 - 0 U J J w 0 z U' O J ce IY 0 0 w 0 cc 0 a. w z a I z 5 o I 0 0 re LL 0 W Stratification lines are approximate.In-situ,the transition may be gradual. a. w m Advancement Method: See Exploration and Testing Procedures for a Notes: LL Dry angered to depth of 5 feet description of field and laboratory procedures 0 used and additional data(If any). See Supporting Information for explanation of O Abandonment Method: symbols and abbreviations. z Boring backfilled with auger cuttings and capped at the w 0 surface with asphalt. 0 WATER LEVEL OBSERVATIONS 0 Boring Started:07-27-2022 Boring Completed:07-27-2022 mz No free water observed 1 rerracon Drill Rig:Truck Driller:DAS to 101 Highway 365 Ste 600 I Port Arthur,TX Project No.:CF225030 I- BORING LOG NO. B-9 Page 1 of 1 PROJECT: Mechanic Street Reconstruction CLIENT: Fittz&Shipman, Inc. Beaumont,Texas SITE: Mechanic Street Port Arthur,Texas ATTERBERG rr w 0LOCATION See Exploration Plan w co wa STRENGTH TEST o • LIMITS w > OJ v 0= co co w g V Latitude:29.7375°Longitude:-93.8873° j I——Ia. ce w w 2 z w W I-w n_ w w � L w� z 3 z £W LL-PL-PI w O Cf as I- O a DEPTH PAVEMENT,approximately'A inches asphaltic 1.0 concrete underlain by about 11 Y2 inches crushed _ ;1-• \aggregate with sand,fines,and shell fragments .,. FILL-LEAN CLAY(CLI,tan and gray,with scattered o ''i.i, aggregate and shell fragments O >a : 1 'f104 — 2.25(HP) UC 0.24 3.8 14.7 98 49-22-27 0.41;1 .o 0.75(HP) Boring Terminated at 5 Feet 5 z GO QU tY W H z O U H 0 0 U W K cn V) Z_U 0 U W 0 c, 0 N N N LL U W S 0 z O 2 0 W 0 0 a w J z z E 0 0 O U- LL C W Stratification lines are approximate.In-situ,the transition may be gradual. a w U Advancement Method: See rip c ao or, y'''ocedu e fora Notes LL Dryau eyed to depthdescription of field and laboratory procedures used and additional data(If any). See Supporting Information for explanation of zAbandonment Method: symbols and abbreviations. Z Boring backfilled with auger cuttings and capped at the surface with asphalt. WATER LEVEL OBSERVATIONS z Boring Started:07-27-2022 Boring Completed:07-27-2022 No free water observed 1 It!rra COIl m Drill Rig:Truck Driller:DAS 101 Highway 365 Ste 600 = Port Arthur.TX Project No.:CF225030 F SUPPORTING INFORMATION Contents: General Notes Unified Soil Classification System Note: All attachments are one page unless noted above. GENERAL NOTES lierracon DESCRIPTION OF SYMBOLS AND ABBREVIATIONS Mechanic Street Reconstruction M Port Arthur,Texas GeoReport Terracon Project No. CF225030 SAMPLING WATER LEVEL FIELD TESTS N Standard Penetration Test 0 Water Initially Resistance(Blows/Ft.) Encountered Auger Water Level After a (HP) Hand Penetrometer Cuttings a Rock Core Specified Period of Time - Water Level After (T) Torvane Standard a Specified Period of Time IShelby Penetration Cave In Tube Test - - Encountered (DCP) Dynamic Cone Penetrometer Water levels indicated on the soil boring logs are UC Unconfined Compressive the levels measured in the borehole at the times Strength indicated. Groundwater level variations will occur over time. In low permeability soils, accurate (PID) Photo-Ionization Detector determination of groundwater levels is not possible with short term water level observations. (OVA) Organic Vapor Analyzer DESCRIPTIVE SOIL CLASSIFICATION Soil classification as noted on the soil boring logs is based Unified Soil Classification System.Where sufficient laboratory data exist to classify the soils consistent with ASTM D2487"Classification of Soils for Engineering Purposes"this procedure is used.ASTM D2488"Description and Identification of Soils(Visual-Manual Procedure)" is also used to classify the soils, particularly where insufficient laboratory data exist to classify the soils in accordance with ASTM D2487. In addition to USCS classification, coarse grained soils are classified on the basis of their in-place relative density, and fine-grained soils are classified on the basis of their consistency. See"Strength Terms"table below for details. The ASTM standards noted above are for reference to methodology in general. In some cases, variations to methods are applied as a result of local practice or professional judgment. LOCATION AND ELEVATION NOTES Exploration point locations as shown on the Exploration Plan and as noted on the soil boring logs in the form of Latitude and Longitude are approximate. See Exploration and Testing Procedures in the report for the methods used to locate the exploration points for this project. Surface elevation data annotated with+/-indicates that no actual topographical survey was conducted to confirm the surface elevation. Instead, the surface elevation was approximately determined from topographic maps of the area. STRENGTH TERMS RELATIVE DENSITY OF COARSE-GRAINED SOILS CONSISTENCY OF FINE-GRAINED SOILS (More than 50%retained on No.200 sieve.) (50%or more passing the No.200 sieve.) Density determined by Standard Penetration Resistance Consistency determined by laboratory shear strength testing,field visual-manual procedures or standard penetration resistance Descriptive Term Standard Penetration or Descriptive Term Unconfined Compressive Strength Standard Penetration or (Density) N-Value (Consistency) Qu,(tsf) N-Value Blows/Ft. Blows/Ft. Very Loose 0-3 Very Soft less than 0.25 0-1 Loose 4-9 Soft 0.25 to 0.50 2-4 Medium Dense 10-29 Medium Stiff 0.50 to 1.00 4-8 Dense 30-50 Stiff 1.00 to 2.00 8-15 Very Dense >50 Very Stiff 2.00 to 4.00 15-30 Hard >4.00 >30 RELEVANCE OF SOIL BORING LOG The soil boring logs contained within this document are intended for application to the project as described in this document. Use of these soil boring logs for any other purpose may not be appropriate. UNIFIED SOIL CLASSIFICATION SYSTEM lierracon Soil Classification Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests A Group Group Name Symbol Clean Gravels: Cu>_4 and 1 <Cc 3 GW Well-graded gravel Gravels: Less than 5%fines c Cu<4 and/or[Cc<1 or Cc>3.0]E GP Poorly graded gravel F More than 50%of coarse fraction Fines classify as ML or MH GM Silty gravel F,G,H retained on No.4 sieve Gravels with Fines: Coarse-Grained Soils: More than 12%fines c Fines classify as CL or CH GC Clayey gravel F,G,H More than 50%retained on No.200 sieve Clean Sands: Cu>_6 and 1 <Cc<_3 E SW Well-graded sand t I Sands: Less than 5%fines° Cu<6 and/or[Cc<1 or Cc>3.0]E SP Poorly graded sand 1 50%or more of coarse ---_— fraction passes No.4 Fines classify as ML or MH SM Silty sand G,H, sieve Sands with Fines: More than 12%fines a Fines classify as CL or CH SC Clayey sand G,H,t PI>7 and plots on or above"A" CL Lean clay K,L,M Inorganic: I Silts and Clays: PI<4 or plots below"A"line J ML Silt K,L,M Liquid limit less than 50 Liquid limit-oven dried 1 Organic clay K,L,M,H Fine-Grained Soils: Organic: <0.75 OL 50%or more passes the Liquid limit not dried Organic silt K,1-,M,o No.200 sieve PI plots on or above"A"line CH Fat clay K,L,M Inorganic: Silts and Clays: PI plots below"A"line MH Elastic Silt K,L,M Liquid limit 50 or more Liquid limit-oven dried Organic clay K,L,M,P Organic: <0.75 OH Liquid limit-not dried 1 Organic silt K,L,M,o Highly organic soils: Primarily organic matter,dark in color,and organic odor PT Peat A Based on the material passing the 3-inch(75-mm)sieve. H If fines are organic,add"with organic fines"to group name. G If field sample contained cobbles or boulders,or both,add"with cobbles 1 If soil contains>_ 15%gravel,add"with gravel"to group name. or boulders,or both"to group name. 'If Atterberg limits plot in shaded area,soil is a CL-ML,silty clay. c Gravels with 5 to 12%fines require dual symbols: GW-GM well-graded K If soil contains 15 to 29%plus No.200, add"with sand"or"with gravel with silt, GW-GC well-graded gravel with clay,GP-GM poorly gravel,"whichever is predominant. graded gravel with silt, GP-GC poorly graded gravel with clay. L °Sands with 5 to 12%fines require dual symbols: SW-SM well-graded If soil contains>_30%plus No.200 predominantly sand,add sand with silt,SW-SC well-graded sand with clay,SP-SM poorly graded "sandy"to group name. sand with silt, SP SC poorly graded sand with clay. MY soil contains>30%plus No.200,predominantly gravel,add 2 "gravelly"to group name. (D30) N PI >_4 and plots on or above"A"line. E Cu=D60/D10 Cc= °PI <4 or plots below"A"line. D 10 x D60 P PI plots on or above"A"line. F If soil contains_>15%sand,add"with sand"to group name. o PI plots below"A"line. G If fines classify as CL-ML,use dual symbol GC-GM,or SC-SM. 60 For classification of fine-grained soils and fine-grained fraction 50 of coarse-grained soils tee - 2 Equataon of"a"-line +J ,' .p a Honzontal at P1=4 to LL=25 5 x 40 then PI=0.73(LL-20) • p EquaDon of"If-line ok0 Z Vertical at LL=16 to P1=7. G� >- 30 then PI=0.9(LL-S) ' I- 0v a20 ," G40� . - a MHorOH 10 . 7 4 - ' ' - r� ML or OL 0 0 10 16 20 30 40 50 60 70 BO 90 100 110 LIQUID LIMIT (LL)