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HomeMy WebLinkAboutPR 23453: CONTRACT WITH ALLCO, LLC FOR THE PORT ACRES WWTP IMPROVEMENTS PROJECT ort rthu INTEROFFICE MEMORANDUM DATE: November 7, 2023 TO: The Honorable Mayor and City Council THROUGH: Ronald Burton, City Manager FROM: Calvin Matthews, P.E., Water Utilities Director SUBJECT: PR No. 23453— Authorization to Execute a Contract with ALLCO, LLC for the Port Acres WWTP Improvements project Introduction: The intent of this Agenda Item is to seek the City Council's approval to award the Port Acres Wastewater Treatment Plant Improvement construction contract to ALLCO LLC. for $1,288,300.00. Background: The Port Acres WWTP is in need of several upgrades. After the investigation and research, Water Utilities staff designed the project and advertised for bids on September 26. On November 1, 2023, the City of Port Arthur received two (2) sealed bids for the project. It was found that ALLCO, LLC submitted the lowest responsive total amount bid of$1,733,085.00. The Water Utilities Department,based on the needed priority and available budget,has decided to award the contract in the amount of$1,288,300.00 (Base Bid with Alternate Bid Items 1L & 10) to ALLCO LLC. of Beaumont, Texas. Budget Impact: Funding is available in Water Utilities Account No. 405-40-000-8516-00-00-000, PORT ACRES WWTPs, Project No. ARP015. Recommendation: I recommend the approval of Proposed Resolution No. 23453, which authorizes the execution of a contract with ALLCO, LLC of Beaumont, Texas for the Port Acres WWTP Improvements project as described/outlined above. a PR No. 23453 11/6/2023 JL Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALLCO, LLC OF BEAUMONT, TEXAS FOR THE PORT ACRES WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT WITH A PROJECTED BUDGETARY IMPACT OF $1,288,300.00. FUNDING IS AVAILABLE IN ACCOUNT NO. 405-40-000-8516-00-00-000, PORT ACRES WWTP PROJECT NO. ARP015. WHEREAS,the Port Acres Wastewater Treatment Plant is in need of rehabilitation; and, WHEREAS,after the investigation and research,Water Utilities staff designed the project and advertised for bids in the City's official newspaper on September 13 and 20, 2023 and on the City's website on September 26, 2023, and, WHEREAS, on November 1, 2023, the City of Port Arthur received two (2) sealed bids for Port Acres WWTP Improvement Project and the bids were opened,evaluated by staff and, WHEREAS, it was found that ALLCO, LLC of Beaumont, Texas submitted the lowest responsive bid (EXHIBIT"A") for the project with a Total Amount Bid of$1,733,085.00; and, WHEREAS, the Water Utilities Department, based on the needed priority and available budget, has decided to award the contract in the amount of $1,288,300.00 for Base Bid with Alternate Bid Items 1L & 10(EXHIBIT"B") to ALLCO, LLC of Beaumont,Texas. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute a contract (EXHIBIT "C" ) with ALLCO, LLC of Beaumont, Texas, for the Port Acres WWTP Improvement Project, with a projected budgetary impact of $1,288,300.00, contingent upon the notice to proceed; and, PR No. 23453 11/6/2023 JL Page 2 of 3 THAT, said funding for this contract is available in Account No. 405-40-000-8516-00-00- 000, PORT ACRES WWTPs, Project No. ARP015; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED THIS day of ,2024 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers z I NOES: Thurman Bill Bartie Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia Tizeno City Secretary City Attorney PR No. 23453 11/6/2023 JL Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton City a er lifort_____ Calvin atthews, P.E. Water Utilities Director APPROVED FOR FUNDING: 1 Director of Finance egLiLam, Clifton WilliamsCPPB Purchasing Manager EXHIBIT A (Bid Tabulation) o: tz o � � C' o � c -. o n 0. — 0 eD R O 7Q O: fg c o• 0. 0 . d g E ►s C-• tG 4t 0 0 — 0. f D �C 71 eD y v, it› _ �. 7 eD et 0 C o e b 5' '4et 'Co- A CL a. el: ►ems 4 0. F.,:. CA C .. 0 ftC 0. .. n O ` so et, O y "."? . v0, 0. O' �1-i CAp `-r eD 00 d to S `< O' 2 o, = ; i.. v, C N -',, Q' A w n O f° a q a r CC o 'C et CO Q° a — G. f D 0. eD p eD a tz y U = ez a ft et n o n e, et et 0.11 N O C7 (J.) O to -- cv, < Hft a o so:t - = a I-- 1 N ep ■-. O et 0 01 4, v ON N J '.- "I '.ti "�' �"'. V` N P Vt J W n n .. © O coo coo o O0 W oo c' W O N g c4 co O O O fs9 o ".3 Nti•J rZ C17 11. k O PrZP to cM �1 .-. `� LA Y b o 4 2 0 eD O ta w O C7 7 = N to rn "• o: 4 T X c rn EA 64cr, TA No fD oo O1 oc 00 'Co ' FS O' � � o O O '' "c" w — cn v O ft "S co co -.l o W o CO a1 GA (mt. CA v, VI p O p O �] �„k pl O `p O O O O b N C r r O• GI) n C . a b o t to CD o CG � r, o � o d - oCD O. O. Z to co O O C - • �-+ 2 17, rto 0. , r4 ; a < c o• o © <•d E o 0. CO .. � e eD O„ <<oho e ; C y ot ,,,, eo eD .� SID il: - • - CA Y C C "t r ... - � y o A G E . O. fp O �t p' Q- n O. O; n s C O. v..i CA O. ry > fD .0 d con C it N ^r 0. A'+ A CD ,g et t A: ,-ICO 0 -r C to i . CA < '..Z S. O 14 ••r O y to "0 N = zIV Ui � ° w � c OC�,� ... ocv^ Kid "� ay O O. J S g `_b .C. C7 69 OGA N C A ►'3 b9 IDD CD 6�9 b9 6969 `"' �.. C "Y "'a O W n < eo CC �Vi CA n ~ p /r O Nw O w O N o co C CD oo O cA v O 00 C" : J Cl7O 69 O0O 0 cm t.n 5r A H 0 C Co 0 O �1 n . . W0r so o td n r% cn oho ... z m" O O 14: or 6.9 w O d d C at; o z EA cT co c, N Oo - o " � � ch — co ►t oc o co coco o , o o `i, O O co o .0 o „t "Ot X o 0 0 0 0 - C col O O 00 N ,.? C. C" 0 o eD EXHIBIT B Project AccomplishmentPaymentApplication City of Port Arthur Original Bid Contract Item Qtv. Description Total Price 1 A. 1 Mobilization $46,000.00 2A 1 Provide a Trench Safety Plan and a Trench Safety System $100.00 Install Owner supplied underground 30"and 24"Diameter Pipe and Ancillary components and IB I Furnishing and Installing any components required for a complete installation not listed to be supplied by $145,500.00 Owner, Install Owner and Contractor supplied above ground Pipe for Bypass Header and Ancillary components 2B. 1 including Furnishing and Installing any components required for a complete $41,000.00 installation not listed to be supplied by Owner, 3B. 1 Furnish and Install Reinforced Concrete Slab for ILS Bypass Header as shown on Contract $36,200.00 Drawings, 4B. 2 Furnish and Install 6"Galvanized,Concrete Filled Bollards as Per Plans, $2,600.00 5B. 2 Furnish and Install Reinforced Concrete Valve Box Retainers, $1,000.00 6B. 1 Furnish and Install 2"Sch.40 PVC Potable Water(PTW) Line including Hose Bib Stand and $4,000.00 Hose Rack,Backflow Preventer, 7B. 1 Provide and Install Coatings on all Above Ground Piping and Accessories as Specified in the $6,900.00 Contract Documents, IC. 3 Furnish and Install Main ILS Discharge Pipe Assembly of the Same Diameter on the Three $237,000.00 Large Pumps 2C. 3 Furnish and Install Main ILS Discharge Pipe Assembly of the Same Diameter on the Three $121,200.00 Smaller Pumps 3C. 1 Provide and Install Coatings on all Piping, Valves and Accessories installed in the ILS as $18,000.00 Specified in the Contract Documents, I D. 3 Furnish and Install Ladders in lower level ofILS $8,400.00 2D. 3 Furnish and Install Handrail Modifications at Each Ladder $15,000.00 1E. 1 Clean and Repair Three Sluice Gates,Stem Guides,Rebuild or Replace Manual Operators $212,400.00 2E. 30 Remove Grit,Sand,and Other Solids from ILS Wetwell and Inlet Chamber, $29,400.00 1F. 1 Rebuild the Two Wetwell Vent Pipes on the ILS Wetwell. $24,700.00 1G. 1 Furnish and Install 8"SOR 17 HOPE Force Main Bypass Pipe $39,300.00 1H. 1 Provide a Temporary Minimum 500-Gallon Diesel Fuel Storage Tank $29,500.00 2H. 1 Supply and Install New Skid Mounted 1,500-Gallon Double Walled UL-142 Above Ground $16,500.00 Fuel Tank 3H. 1 Remove And Dispose of Existing Concrete Slab Above The Existing Underground Storage $16,300.00 Tank 4H. 1 Filling and Abandonment of Existing Underground Storage Tank Certified by a Company $30,000.00 Licensed to Decommission Underground Petroleum Storage Tanks. 5H. 9 Eight-inch Thick Reinforced Concrete Slab and 3-inch Seal Slab $27,900.00 IL I Replace Influent Manhole and Cut and Plug Three 18"Pipes $24,400.00 1 Miscellaneous Repairs at ILS. $25,000.00 1J. Allowance TOTAL BASE BID $1,158,300.00 1L. 1 Furnish and Install Exterior Rated 10" Inlet Filter Silencer On Each Of The 4 Positive $65,000.00 Displacement Blowers. Furnish and Install Two New Ventilation Systems including Fans, Ducts, Gravity Louvers Flexible $65,000.00 10. 1 Connections,Supports and Replace Electrical Connection from Breaker Panel to Each Fan Including Breaker and Switches. Total Alternate Bid Items Selected $130,000.00 AWARD Base bid+1L and 10 $1,288,300.00 Total ARPA Funds Available $ 1,434,694.00 EXHIBIT C (contract) il CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT City of Iliort rthu- — BID PROPOSAL, CONTRACT DOCUMENTS,AND TECHINICAL SPECIFICATIONS FOR CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT i* g�. *I i r*:, 'I/ $ c N MATT, WS ; t ,srEa*C \‘SipN i te SECTION A STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR 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. NOTICE OF AWARD L. NOTICE TO PROCEED M. INSURANCE N. TECHNICAL SPECIFICATIONS O. QUALIFICATION STATEMENT P. HOUSE BILL 89 VERIFICATION Q. NON-COLLUSION AFFIDAVIT R. AFFIDAVIT S. SB 252 CHAPTER 2252 CERTIFICATION T. FEDERAL CLAUSES U. CHILD SUPPORT CERTIFICATION CONTRACT FOR PORT ACRES WWTP IMPROVEMENT THIS CONSTRUCTION AGREEMENT ("Agreement"or"Contract"), made this day of , 2024, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER", "Owner" "CITY",or"City"and a(n)hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 365 calendar days from the date listed on the Notice to Proceed, unless sooner terminated under the provision hereof. 2. The CONTRACTOR will perform work as stated in the Contract Documents for the PORT ACRES WWTP IMPROVEMENT 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Contract Documents. 4. The CONTRACTOR agrees to perform all the work described in the specifications and Contract Documents and to comply with the term in the total amount of$ 1,288,300.00. 5. The term "Contract Documents" means and includes the following, all of which are incorporated into and made part of this Agreement: A) Construction Agreement B) Advertisement for Bid C) Information to Bidders D) Bid Schedule E) Bid Bond F) General Conditions G) Labor Classification and Minimum Wage Scale H) Supplemental General Conditions I) Payment Bond J) Performance Bond K) Notice of Award L) Notice to Proceed M) Insurance N) Technical Specifications 0) Qualification Statement P) House Bill 89 Verification Q) Non-Collusion Affidavit R) Affidavit S) SB 252 Chapter 2252 Certification T) Federal Clauses U) Child Support Certification 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of , 2024. ATTEST CITY OF PORT ARTHUR BY City Secretary Signed on the day of , 2023. CONTRACTOR: Representative Print Name: Title: SECTION B ADVERTISEMENT AND INVITATION FOR BIDS CITY OF PORT ARTHUR Request for Bids Port Acres WWTP Improvements September 13, 2023 September 20, 2023 • PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS otice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the ffice of the City Secretary, City Hall 444 4th Street or P.O. Box 1089,Port Arthur,Texas 77641 no ter than 3:00 p.m.,Wednesday, October 4,2023 and all bids received will thereafter be opened nd read aloud at 3:15 p.m., on Wednesday,October 4,2023 in the City Council Chambers, 5th loor,City Hall,Port Arthur,Texas for certain services briefly described as: PORT ACRES WWTP IMPROVEMENTS ids received after the deadline stated above,regardless of method of delivery,will not be considered nd returned unopened. :opies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 th Street, City of Port Arthur,and are open for public inspection without charge.They can also be, ;trieved from the City's website at www.portarthurtx.gov/bids.asox or www.publicourchase.com. ION MANDATORY PRE-BID MEETING IS SCHEDULED FOR FRIDAY. SEPTEMBER 22, 2023 Or 2:00 P.M.AT THE CITY HALL 5TH FLOOR COUNCIL CHAMBERS LOCATED AT 444 4th ;TREET.PORT ARTHUR,TEXAS 'er Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not ward a contract to a company that is in arrears in its obligations to the City. CH n Williams,CPPB PUBLIC NOTICE Purchasing Manager _TY 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,October 4,2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,October 4,2023 in the City Council Chambers, 5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: PORT ACRES WWTP IMPROVEMENTS 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 r4thetrieved Street,City of Port Arthur,and are open for public ev d from the City's website at wwww.00rtarthurtx.aoinspection b ds lasoxiohoucharge.cou chase.com.be retri NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR FRIDAY,SEPTEMBER 22, 2023 AT 2:00 P.M, AT THE CITY HALL 5TH FLOOR COUNCIL CHAMBERS 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. S ri ( c�itt CIiftn Williams,CPPB Purchasing Manager 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, October 4, 2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, October 4, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: PORT ACRES WWTP IMPROVEMENTS Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR FRIDAY, SEPTEMBER 22,2023 AT 2:00 P.M. AT THE CITY HALL 5TH FLOOR COUNCIL CHAMBERS LOCATED AT 444 4 1 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. (24 Cli1t6n Williams Purchasing Manager FIRST PUBLICATION: September 13, 2023 SECOND PUBLICATION: September 20, 2023 THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS City of CITY SECRETARY DONEANE BECKCOM HAROLD L.DOUCET,SR VAL TIZENO THOMAS KINLAW III CITY ATTORNEY DONALD FRANK,SR. o r t r t h u Texas SEPTEMBER 21, 2023 INVITATION TO BID PORT ACRES WWTP IMPROVEMENTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 18, 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, October 18, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-071 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 or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(aportarthurtx.gov The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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. Clifton Williams Purchasing Manager SECTION C INFORMATION TO BIDDERS -CITY OF PORT ARTHUR, TEXAS 2-1 r�h� ADDENDUM NO. ONE (1) r, SEPTEMBER 19,2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID#23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time,Wednesday,October 18,2023. (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, October 18, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 2. Non Mandatory Pre-Bid has been rescheduled to October 5, 2023 at 10:00 am. It will be in City Hall 5th Floor Council Chambers. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. rAzir Cliftpimi Williams Purchasing Manager Signature of Proposer Date Company Vendor Name -CITY OF PORT ARTHUR, TEXAS „rr rfh` ADDENDUM NO. TWO (2) OCTOBER 9, 2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID#23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Walk through is scheduled for 2:00 p.m.on Tuesday,October 10,2023 at the Port Acres Wastewater Plant located at 3001 FM 365, Port Arthur, TX 77640 If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clift n Williams Purchasing Manager Signature of Proposer Date Company Vendor Name -CITY OF PORT ARTHUR, TEXAS rt . �}t-�•.° ADDENDUM NO. THREE (3) OCTOBER 11, 2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID#23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached are the ARPA Federal Funding Provisions. 2. Attached are the Federal Clauses. 3. Attached are the Page 7 and 10 of the Bid Sheet. 4. The Influent Manhole is approximately 12 ft deep. The manhole shall be replaced or repaired with an internal lining system (Geokrete, Standard Cement Materials, or approved equal)to prevent water inflow and infiltration. The three (3) 18"pipes identified on the drawing shall be plugged and sealed.Please refer to the updated bid proposal. 5. The contractor needs to plan and notify the wastewater plant superintendent 30 days before the Digestor Repair and the digestor can only be offline for 30 days. 6. The overhead cranes in the Influent Lift Station can be used by the contractor. 7. Bid Proposal, page 10 Item 2N has been modified, see the updated units and description. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ( � Cliftairf Williams Purchasing Manager Signature of Proposer Date Company Vendor Name EXHIBIT "A" ARPA FEDERAL FUNDING PROVISIONS 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. S 200.327) (a) Appendix II to Part 200(A)- Remedies: The parties shall comply with the administrative. contractual. or legal remedies in the Contract Documents for when the CONTRACTOR violates or breaches the terms of the Contract and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents. (b) Appendix II to Part 200 (B) -Termination for Cause/Convenience: The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents (c) Appendix II to Part 200 (C) — Equal Employment Opportunity: CONTRACTOR agrees as follows during the performance of the Contract: (i) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color. religion. sex. sexual orientation. gender identity. 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.sexual orientation.gender identity.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. (ii) CONTRACTOR will. in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR. state that all qualified applicants will receive consideration for employment without regard to race. color. religion. sex. sexual orientation. gender identity. or national origin (iii) CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about. discussed. or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information. unless such disclosure is in response to a formal complaint or charge. in furtherance of an investigation. proceeding. hearing, or action. including an investigation conducted by the employer. or is consistent with the CONTRACTOR's legal duty to furnish information. (iv) 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 advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) 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. (vi) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24. 1965. and by rules. regulations. and orders of the Secretary of Labor. or pursuant thereto. and will permit access to his books. records. and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules. regulations_and orders (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of Contract or with any of the said rules. regulations.or orders.this Contract may be canceled.terminated. or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24. 1965. and such other sanctions may be imposed and remedies invoked as provided 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 (viii) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontract or purchase order as the administering aaency may direct as a means of enforcing such provisions. including sanctions for noncompliance: Provided. however that in the event the CONTRACTOR becomes involved in. or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the administering agency. the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States CITY further aarees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided. That if the CITY so participating is a State or local aovernment. the above equal opportunity clause is not applicable to any aaencv. instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. CITY aarees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules. regulations. and relevant orders of the Secretary of Labor. that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24. 1965. with a contractor debarred from. or who has not demonstrated eligibility for. Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II. Subpart D of the Executive Order In addition. the CITY agrees that if it fails or refuses to comply with these undertakings. the administerina agency may take any or all of the following actions. cancel. terminate. or suspend in whole or in part the grant (contract, loan. insurance. guarantee) for this project: refrain from extending any further assistance to the applicant under the proaram with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant: and refer the case to the Department of Justice for appropriate legal proceedings (d) Appendix II to Part 200 (D) — Davis-Bacon Act: Copeland ("Anti-Kickback") Act: The Contract Documents include these requirements (e) Appendix II to Part 200 (E)—Contract Work Hours and Safety Standards Act. (i) 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. (ii) Violation: liability for unpaid wages- liquidated damages In the event of any violation of the clause set forth in paragraph (i) of this Section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages In addition. such contractor and subcontractor shall be liable to the United States fin the case of work done under contract for the District of Columbia or a territory. to such District or to such territory). 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 (i) 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 reauired by the clause set forth in paragraph (i) of this Section (iii) Withholding for unpaid wages and liquidated damages CITY 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 CONTRACTOR. or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act. which is held by the CONTRACTOR. such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ii)of this section. (iv) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (iv) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i)through (iv)of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: This provision is not applicable to the Contract. (a) Appendix II to Part 200(G)—Clean Air Act and Federal Water Pollution Control Act: CONTRACTOR shall comply with the following: (i) Pursuant to the Clean Air Act. (1) 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.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will. in turn. report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office. and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding$150.000. (ii) Pursuant to the Federal Water Pollution Control Act. (1) 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.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will. in turn. report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office. and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding$150.000. (h) Appendix II to Part 200(H)—Debarment and Suspension: (i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. 180.995) or its affiliates (defined at 2 C.F.R. & 180.905) are excluded (defined at 2 C.F.R. & 180.940) or disqualified (defined at 2 C.F.R. & 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180. subpart C and 2 C.F R. pt. 3000. subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C. in addition to remedies available to the CITY. the Federal Government may pursue available remedies. including but not limited to suspension and/or debarment. (iv) CONTRACTOR agrees to comply with the requirements of 2 C.F.R pt. 180. subpart C and 2 C F.R. pt. 3000. subpart C throughout the Contract. The CONTRACTOR further agrees to include a provision requiring such compliance in its subcontracts (v) CONTRACTOR warrants that it is not debarred. suspended. or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Contract are not debarred. disqualified. or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Contract (i) Appendix II to Part 200(I)—Byrd Anti-Lobbying Act (i) Contractors that apply or bid for an award exceeding $100.000 must file the required certificatinn Fanh tier certifies to the tier.above that it will not and has not ser:LE derai annrnnriated funds lo_.ay_any person or organization for influencing or attempting to influence an officer or employee of any agency. a member of Congress. officer or employee of Congress. or an employee of a member of Congress in connection with obtaining any Federal contract. grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. (ii) If CONTRACTOR has not submitted the required certification.CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment"1" and incorporated herein by this reference. (i) Appendix II to Part 200 (J)—§200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act.as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable. consistent with maintaining a satisfactory level of competition. where the purchase price of the item exceeds$10.000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000: procuring solid waste management services in a manner that maximizes energy and resource recovery: and establishing an affirmative procurement. (ii) In the performance of this Contract. the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule: meeting contract performance requirements: or at a reasonable price. (iii) Information about this requirement. along with the list of EPA-designate items. is available at EPA's Comprehensive Procurement Guidelines web site. https://www.epa.gov/smm/comprehensive-procurement- g uideline-cpg-program. (iv) CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment. services. or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115-232. section 889. covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety. security of government facilities. physical security surveillance of critical infrastructure,and other national security purposes.video surveillance and telecommunications equipment produced by Hytera Communications Corporation. Hangzhou Hikvision Digital Technology Company. or Dahua Technology Company(or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense. in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by. or otherwise connected to. the government of a covered foreign country. (ii) See Public Law 115-232. section 889 for additional information. (I) Appendix II to Part 200 (L)—§200.322 Domestic Preferences for Procurement: A-7 (i) CONTRACTOR shall. to the greatest extent practicable. purchase. acquire. or use goods. products. or materials produced in the United States (including but not limited to iron. aluminum. steel. cement. and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means. for iron and steel products. that all manufacturing processes. from the initial melting stage through the application of coatings. occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum: plastics and polymer-based products such as polyvinyl chloride pipe: aggregates such as concrete: glass. including optical fiber: and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS(2 C.F.R. &200.321) (a) CONTRACTOR shall be subject to 2 C.F.R. &200.321 and will take affirmative steps to assure that minority firms. women's business enterprises. and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race. color. religious creed. sex. or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists: (ii) Assuring that small and minority businesses. and women's business enterprises are solicited whenever they are potential sources: (iii) Dividing total requirements. when economically feasible. into smaller tasks or quantities to permit maximum participation by small and minority business. and women's business enterprises: (iv) Establishing delivery schedules. where the requirement permits. which encourage participation by small and minority business. and women's business enterprises: and (v) Using the services/assistance of the Small Business Administration (SBA). and the Minority Business Development Agency(MBDA)of the Department of Commerce. (c) CONTRACTOR shall submit evidence of compliance with the foregoing affirmative steps when requested by the CITY. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA. Treasury's regulations implementing that section. and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY. Treasury Office of Inspector General and the Government Accountability Office. or any of their authorized representatives access to any books. documents. papers. and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of ARPA. regulations adopted by Treasury pursuant to section 603(f) of ARPA. and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes. regulations. and executive orders. including. without limitation. the following: A-8 (i) Universal Identifier and System for Award Management (SAM). 2 C.F.R. Part 25. pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information. 2 C.F.R. Part 170. pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurementl. 2 C.F.R. Part 180. including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180. subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters. pursuant to which the award term set forth in 2 C.F.R. Part 200.Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace. 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying. 31 C.F.R. Part 21 (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §S 4601-4655)and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including. without limitation. the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §6 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22. which prohibit discrimination on the basis of race. color. or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §5 3601 et seq.). which prohibits discrimination in housing on the basis of race. color. religion. national origin. sex. familial status. or disability. (iii) Section 504 of the Rehabilitation Act of 1973. as amended(29 U.S.C. §794).which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975.as amended(42 U.S.C. §5 6101 et seg.). and Treasury's implementing regulations at 31 C.F.R. Part 23. which prohibit discrimination on the basis of aae in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990. as amended (42 U.S.C. §5 12101 et seq.). which prohibits discrimination on the basis of disability under programs activities. and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal. civil. or administrative sanctions. including fines. imprisonment. civil damages and penalties. debarment from participating in federal awards or contracts. and/or any other remedy available by law. (e) Hatch Act. If CONTRACTOR is a public agency. CONTRACTOR agrees to comply. as applicable. with the requirements of the Hatch Act (5 U.S C section 1501-1508 and 7324-7328). which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. (f) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712. CONTRACTOR may not discharge. demote. or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below. #he-erneiayeareassn-ably a-fe8sr contract or grant. a gross waste of federal funds. an abuse of authority relating to a federal contract or grant. a substantial and specific danger to public health or safety.or a violation of law. rule.or regulation related to a federal contract(including the competition for or neaotiation of a contract)or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress. (2) An Inspector General: (3) The Government Accountability Office: (4) A Treasury employee responsible for contract or grant oversight or management (5) An authorized official of the Department of Justice or other law enforcement agency: (6) A court or grand jury: or (7) A management official or other employee of CONTRACTOR. or a subcontractor who has the responsibility to investigate. discover. or address misconduct. (a) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043. 62 FR 19217 (Apr. 18. 1997). CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned. rented or personally owned vehicles. and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513. 74 FR 51225 (Oct 6. 2009). CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving. and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (j) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract. including. but not limited to. the followina: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964. as amended, which prohibits exclusion from participation. denial of the benefits of. or subjection to discrimination under programs and activities receiving federal funds.of any person in the United States on the around of race. color. or national origin (42 U.S.0 &2000d et seq.). as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166: directives: circulars. policies: memoranda and/or guidance documents (ii) CONTRACTOR acknowledges that Executive Order 13166. 'Improving Access to Services for Persons with Limited English Proficiency (LEP)." seeks to improve access to federally assisted programs and activities for individuals who. because of national origin. are limited in their English proficiency CONTRACTOR understands that the denial of access to persons to its programs. services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly. CONTRACTOR shall initiate reasonable steps. or comply with Treasury's directives. to ensure meaningful access to its programs. services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services. including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs. services and activities. As a resource. the Department of the Treasury has published its LEP guidance at 70 FR 6067 For more information on LEP. please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR s successors, ttransfPcePs and assignees for the pPrirvi in which such assistance is provided (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title.VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors. successors. transferees and assignees: The subcontractor. successor. transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964. which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of. or otherwise discriminating against a person on the basis of race. color. or national origin(42 U.S.C. 6 2000d et seg. . as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22. which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also extends protection to persons with "Limited English proficiency"in any program or activity receiving federal financial assistance. 42 U.S.C. 6 2000d et seq.. as implemented by Department of the Treasury Title VI regulations. 31 CFR Part 22. which are herein incorporated by reference and made a part of this contract(or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury. this assurance obligates the CONTRACTOR. or in the case of a subsequent transfer. the transferee. for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided. this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation. arbitration. mediation. litigation.and monitoring of any settlement agreements that may result from these actions.CONTRACTOR shall comply with information requests. on-site compliance reviews. and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race. color. or national origin. and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide. upon request. a list of all such reviews or proceedings based on the complaint. pending or completed. including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance. including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination. CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency_ finding of discrimination. please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities. CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. A- ATTACHMENT"1" NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS TITLE 49. CODE OF FEDERAL REGULATIONS, PART 29 CONTRACTOR certifies, by signing and submitting this form. to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any Federal agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement. and the extension,continuation, renewal, amendment, or modification of any Federal contract, grant. loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. CONTRACTOR also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100.000 and that all such subrecipients shall certify and disclose accordingly. Signature: Printed Name: Title: Firm Name: A- 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. § § 3801 et seq. and U.S. DOT regulations. "Program Fraud Civil Remedies,"49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make,or causes to be made. pertaining to the underlying contract or the TXDOT assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes.or causes to be made. a false, fictitious. or fraudulent claim, statement, submission,or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 4. The Contractor also acknowledges that if it makes,or causes to be made, a false. fictitious,or fraudulent claim,statement, submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by TXDOT under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(I)on the Contractor,to the extent the Federal Government deems appropriate. 5. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS The following access to records requirements applies to this Contract: • Where the Purchaser is not a State but a local government and is the TXDOT Recipient or a subgrantee of the TXDOT Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser,the TXDOT Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books,documents,papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions. Contractor also agrees,pursuant to 49 C. F. R. 633.17 to provide the TXDOT Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(a)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 TXDOT regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and TXDOT, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. S. CIVIL RIGHTS 1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d.section 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C.§6102,section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age. or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements TXDOT may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race.Color,Creed,National Origin,Sex- In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity. Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order ' No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project.The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,creed, national origin, sex, or age. Such action shall include,but not be limited to,the following:employment,upgrading,demotion or transfer,recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 4. Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended,29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing requirements TXDOT may issue. 5. Disabilities- In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.Part 1630,pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by TXDOT, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 7. It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises(DBEs)as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con-tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. 8. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE)program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. TERMINATION TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract,or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days' notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,the Contractor will be paid for the service that it has performed up to the termination date.If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. 8. DEBARMENT&SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9. BUY AM ERICA REOUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323G) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in CITY-funded projects are produced in the United States,unless a waiver has been granted by CITY or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C)and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 10. RESOLUTION OF DISPUTES.BREAC HES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 11. RESTRICTIONS ON LOBBYING, (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law I01-121, as implemented by the Department of Transportation in 49 C.F.R.Part 20,and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier,such disclosure form shall be furnished to the Authority. 12. CLEAN AIR a) The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§§7401 et seq.The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in tum,report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 13.CLEAN WATER ACT (I) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontractexceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. CARGO PREFERENCE REOUIREMENTd Use of United States-Flag Vessels-The contractor agrees: a.to use privately owned United States- Flag commercial vessels to ship at least 50 percent of the gross tonnage(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material,or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market Development, Maritime Administration, Washington, DC 20590 and to the CITY recipient(through the contractor in the case of a subcontractor's bill- of lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 15. FLY AMERICA REOUIREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10,which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements.The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 16. DAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex,age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141,et seq. and 18 USC 874.The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.S(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause(see 29 CFR 3.1!) enumerated at 29 CFR 5.S(a)and reproduced below. The clause language is drawn directly from 29 CFR 5.S(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (!)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classifications and wage rates conformed under paragraph(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall always be posted by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (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: (I) Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area bythe construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found,upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(v)(B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding-City Utilities shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, City Utilities may, after written notice.to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B)of the Davis- Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CPR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CPR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii)'The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CPR 5.12. (5)Apprentices and trainees-(i)Apprentices -Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees- Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity -The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(l) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general dispute's clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor,or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 7. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 8. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME COMPENSATION t. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation;liability for unpaid wages; liquidated damages-In the event of any violation of the clause set forth in paragraph(I)of this section the contractor and any subcontractor responsible therefore shall he liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall he computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth in paragraph(I)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. 3. Withholding for unpaid wages and liquidated damages-The(write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to he withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Flours and Safety Standards Act,which is held by the same prime contractor, such sums as may he determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. 4. Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall he responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through (4)of this section. is. BONDING BID SECURITY: Bids shall he accompanied by a hid guarantee of not less than five percent (5%) of the amount of the total hid which shall he a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a hid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REOUIREMENTS;La Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 19.SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 20.PRIVACY ACT Annlicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for CITY,and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third-party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a)The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved,and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by CITY. 21.PRE-AWARD AND POST DELIVERY AUDITS 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-patty contractors. • Buy America certification is mandated under CITY regulation, "Pre- Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by CITY regulation, "Buy America Requirements--Surface Transportation Assistance Act of [982, as amended," 49 C.F.R. 661.12, but has been modified to include CITY's Buy America requirements codified at 49 U.S.C. A53230). Pre-Award and Post-Delivery Audit Requirements-The Contractor agrees to comply with 49 U.S.C.§5323(1)and CITY's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: I. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists I) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2)the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH CITY REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT 22. ENERGY POLICY AND CONSERVATION AC'E The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 23. BID PROTESTS. (I) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager.The written protest should include,at a minimum: • Both the name and address of the protestor,as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five (5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen(15) days of receipt of the protest. Within the fifteen(15)day time period, the City will: •Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known,or if there has been an error of law or regulation. • Render a decision supporting or canceling the award,such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by theCity Council. 24. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA), as amended(42 U.S.C. 6962), including but not limited to the 40 CFR Part 247,and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR247. -CITY OF PORT ARTHUR, TEXAS �t R r ADDENDUM NO. FOUR(4) r OCTOBER 13,2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID#23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, November 1, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, November 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. (L u Clif Williams Purchasing Manager Signature of Proposer Date Company Vendor Name BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT I. INFLUENT MANHOLE REPAIR lI. 1 LS Line or Replace Influent Manhole and Plug Three 18"Pipes with concrete(two west side 18"pipes and one east side 18" pipe). Work shall include temporarily plugging the influent lines, bypass pumping (if required), furnishing all equipment required to perform work safely, and ancillary components complete and in place as required for: DOLLARS CENTS $ $ Per Lump Sum J. ILS REPAIR ALLOWANCE 1J 1 Allow Miscellaneous Repairs at ILS. Furnish all labor, materials,and equipment to perform all miscellaneous repairs at the Influent Lift Station,as approved by the Engineer and Owner all in strict accordance with the Contract Documents,Technical Specifications,and Drawings for: Twenty-Five Thousand DOLLARS No CENTS $ 25,000.00 $ 25,000.00 Per Allowance Bid Proposal 7 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 4M. 1 LS Furnish and Install Welded Steel Splash Shield On Truck Unloading Pad Where Shown On The Drawing. Work shall include welding, fabrication,hot dip galvanizing or coating,SS anchors bolts,grouting of base plates and ancillary components complete and in place as shown on the Contract Drawings as required for: DOLLARS CENTS $ $ Per Lump Sum N. ROADWAY IMPROVEMENTS(ADDITIVE ALTERNATE) 1N. 1,100 Sq Furnish and Install#610 Crushed Limestone Road Base at 8" Compacted Thickness to a Minimum Yds Width of 12 Feet on the existing unimproved roadway • as shown on the drawings. Work shall include removal of the top 6"of the existing road surface and disposal at the City of Port Arthur Landfill, placement and compaction of the new base complete and in place as required for: DOLLARS CENTS $ $ Per Square Yard 2N. 200 Sq ROAD IMPROVEMENT ALLOWANCE Furnish and Install#610 Crushed Limestone Road Yds Base at 8" Compacted Thickness if required and approved by the Engineer in locations directed by Engineer complete and in place as required for: DOLLARS CENTS $ $ Per Square Yard Bid Proposal 10 0 -CITY OF PORT ARTHUR,TEXAS - ,-- -nrt rth ur ADDENDUM NO. FIVE October 18, 2023 BID FOR: PORT ACRES WWTP IMPROVEMENT CONTRACT The following clarifications, amendments, deletions, additions,revisions and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. The resilient seat gate valves on the discharge of the influent lift station (ILS) pumps can be supplied as OS&Y or non-rising stem valves. a. Each valve shall be supplied with an extension stem and accessories to allow operation of the valve from the walkway platform. b. Each extension stem shall be supplied with support(s)attached to the wall and/or walkway to allow easy operation of the valve. c. 16-inch valves shall be supplied with a gear operator as specified. d. Each stem shall be equipped with a handwheel mounted horizontally or vertically and the assembly shall be furnished complete. e. Each valve shall be equipped such that the valve can be operated with a maximum pull on the handwheel of 40 pounds. 2. Replace Bid Proposal page 3 with page attached. 3. Replace Note 1.a. on Drawing C05.0 with the following: a. GATE VALVES. VALVE SHALL BE EQUIPPED WITH EXTENSION STEM AND WALL OR WALKWAY MOUNTED SUPPORTS TO ALLOW OPERATION FROM THE WALKWAY. CONTRACTOR SHALL PROVIDE ANY MODIFICATIONS REQUIRED TO HANDRAIL BY THE FINAL INSTALLATION. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clif n Williams,CPPB Purchasing Manager Signature of Proposer Date Company Vendor Name BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 6B. 1 LS Furnish and Install 2" Sch. 40 PVC Potable Water(PTW)Line including Hose Bib Stand and Hose Rack,Backflow Preventer,fittings,isolation valves and connections as shown on Contract Drawings, complete in place, all in strict accordance with the plans and specifications for DOLLARS CENTS $ $ Lump Sum 7B. 1 LS Provide and Install Coatings on all Above Ground Piping and Accessories as Specified in the Contract Documents,complete in place, all in strict accordance with Coating Manufactures Specifications for Surface Prep and Minimum Dry Film Thickness all in strict accordance with plans and specifications for DOLLARS CENTS $ $ Lump Sum C. ILS PUMP DISCHARGE PIPING ASSEMBLY I C. 3 EA Furnish and Install Main ILS Discharge Pipe Assembly of the Same Diameter on the Three Large Pumps including Ductile Iron Pipe; Isolation AWWA Resilient Wedge Gate Valves with Gear Operator (if required), extension stem, wall or walkway mounted support and Handwheel; Swing Check Valves;Couplings;Pressure Gauges;Isolation Diaphragms;Pipe Supports;Handrail Adjustments(if required), to clear handwheel; and Ancillary Components complete and in place as required for a 4 complete and operable system. DOLLARS CENTS $ $ Per Each 2C. 3 EA Furnish and Install Main ILS Discharge Pipe Assembly of the Same Diameter on the Three Smaller Pumps including Ductile Iron Pipe; Isolation AWWA Resilient Wedge Gate Valves with Gear Operator(if required),extension stem, wall or walkway mounted support and Handwheel; Swing Check Valves;Couplings;Pressure Gauges;Isolation Diaphragms;Pipe Supports;Handrail Adjustments(if required), to clear handwheel; and Ancillary Components complete and in place as required for a complete and operable system.. DOLLARS CENTS $ $ Per Each Bid Proposal 3 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 C-1 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 (2) remaining unsuccessful Bidders will be returned; that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER,justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR,for any excess cost to the OWNER over his bid amount. Further,the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR, as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR, for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within ten (10) 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 The following bonds, each in the amount of one hundred percent (100%) of the Contract price, will be required in accordance with State law as follows: a (1) PAYMENT BOND for any contract in excess of Fifty Thousand Dollars ($50,000.00); and (2) a PERFORMANCE BOND for any contract in excess of One Hundred Thousand Dollars($100,000.00). 4. NOTICE TO PROCEED Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reason(s) 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 ten (10) day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. C-2 PREAMBLE TO RULE 110.110 The Texas Worker's Compensation Commission adopts new § 110.10, concerning requirements for governmental entities awarding a contract for a building or construction project, and for persons providing services on a building or construction project for a governmental entity. The new rule is adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas Register (19 TexReg 3131). Subsection (a)(7) and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(F) and (c)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity that workers' compensation coverage is provided. Subsections (d)(8)(C) and (c)(8)(C) were added to require specific language regarding representations of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (c)(6), and (c)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year. Subsection (g)was changed to state that this rule applies to contract advertised for bid after September 1,1994,rather than awarded after September 1,1994. The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The commission is aware that this statutory requirement is not being met,and this rule is designed to achieve compliance and to implement a record keeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage,certificates of coverage, posted notices of coverage, and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rules defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building land construction projects to follow in complying with the requirements of the Texas Labor Code,§406.096. It also defines persons who provide services on a project who are subject to the statutory requirement of coverage, and sets forth their requirements to comply with the statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage,or failing to provide or maintain required coverage,or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties,civil penalties,or other civil actions. The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to the commission upon request and to others entitled to them by law. It also requires the governmental entity as a prerequisite to awarding a contract, and as part of the contract, to require that the contractor provide coverage and certificates of coverage for the contractor's employees; timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project; retain certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 C-3a days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method for obtaining the certificates from persons providing services on the project and providing them to the governmental entity. It requires a contractor awarded a building or construction contract to provide workers' compensation coverage to the contractor's employees for the duration of the project;file a certificate of coverage of the contractors employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity, certificates of coverage from each other person with whom it has contract to provide services on the project, prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project; retain all certificates of coverage for the duration of the project and for one year thereafter, notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage;and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor, with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project. The rule uses the term "persons providing services on the project; in lieu of the statutory term "subcontractor because the term "subcontractor" as used in the statue (§406.096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096, which establishes requirements for governmental entities, contractors, and subcontractors ("persons providing services on the project") regarding workers' compensation coverage for workers on public building or construction projects. Rule 110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities. (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined the Texas Labor Code, if so defined. (1) Certificate of coverage("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. C-3b (2) Building or construction - has the meaning defined in the Texas Labor Code, §406.096(e)(I). (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Worker's compensation insurance meeting the statutory requirements of the Texas Labor Code,§401.011(44). (5) Coverage agreement - A written agreement on form TWCC-81, form TWCC-82,form TWCC083, or form TWCC-84,filed with the Texas Workers' Compensation Commission with establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" In §406.096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not to providing, hauling, or delivering equipment or materials, or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the Insured who are providing services on the project are covered by workers' compensation coverage, that the coverage if based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties,criminal penalties,civil penalties,or other civil actions. C-3c (c) A governmental entity that enters into a building or construction contract on a project shall: (1) Include in the bid specifications, all the provisions of subsection (d) of this rule,using the language required by paragraph (7)of this subsection; (2) As part of the contracts, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d)of this rule; (3) Obtain from the contractor a certificate of coverage for each person providing services of the project, prior to that person beginning work on the project; (4) Obtain from the contractor a new certificate of coverage showing extension of coverage; (A) Before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project,and (B) No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) Retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) Provide a copy of the certificates of coverage to the commission upon request and to any person entitle to them by law;and, (7) Use the following language for bid specifications and contracts,without any additional works or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation in Figure 1: (Figures 1) Article . Worker's Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate) A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. C-3d Duration of the project-includes the time from the beginning of the work on the project until the contractor's/persons work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in §406.095)includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation,independent contractors,subcontractors, leasing companies,motor carriers, owner-operators employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. 'Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. 'Services"does not include activities unrelated to the project,such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401,011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity.- (9) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and, (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage (if the coverage period shown on the current certificate of coverage ends during the duration of the project. C-3e F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually required each person with whom it contracts to provide services on a project, to: (9) Provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which means the statutory requirements of Texas Labor Code,Section 401011(44)for all of its employees providing services on the project, for the duration of the project; (2) Provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for they duration of the project; (3) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,(if the coverage period shown on the current certificate of coverage and during the duration of the project (4) Obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; C-3f (6) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (7) Contractually require each person with whom it contracts, to perform as required by paragraphs (9) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the go vernmen tal (d) A contractor shall: (9) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage showing workers'compensation coverage to the governmental entity prior to beginning work on the project; (3) Provide the governmental entity,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) Obtain from each person providing services on a project,and provide to the governmental entity (A) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of C-3g coverage showing coverage for all persons providing services on the project,.and, (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage code during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional works or changes: (Figure 2) REQUIRED WORKER'S COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at 512-440-3789 to received information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."and (8) Contractually require each person with whom it contracts to provide services on a project, to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; C-3h (B) Provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) Include in all contracts to provide services on the project the language in subsection(o)(3)of this rule; (D) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) Obtain from each other person with whom it contracts, and provide to the contractor; (I) a certificate of coverage, prior to the other person beginning work on the project;and (II) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project: (F) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and, (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor,shall: (1) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage as required by its contract to provide services on the project,prior to beginning work on the project; (3) Have the following language in its contract to provide services on the project "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the C-3i governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. (4) Provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project: (5) Obtain from each person providing services on a project under contract to it, and provide as required by its contract (A) A certificate of coverage,prior to the other person beginning work on the project;and (B) Prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) Notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provisions of coverage of any person providing services on the project and sent the notice within 10 days after the person knew or should have known of the change;and (8) Contractually require each other person with whom it contracts to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) Provide a certificate of coverage to it prior to that other person beginning work on the project; (C) Include in all contracts to provide services on the project the language in subsection(e)(3)of this rule; (D) Provide, prior to the end of coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage C-3j period shown on the current certificate of coverage ends during the duration of the project (E) Obtain from each other person under contract to it to provide services on the project,and provide as required by its contract (i) a certificate of coverage,prior to the other person beginning work on the project;and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to the provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be sever able. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. Effective Date:September 1, 1994 C-3k 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, Arceneaux Wilson & Cole LLC, its Officers, Agents & Employees). (City and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference.) 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and CITY OF PORT ARTHUR and Arceneaux Wilson & Cole LLC, 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 or $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. C-3 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. C-4 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date,job number and location; 5. All-Risk Builder's Risk of the non-reporting type(NOT REQUIRED for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required (including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid Certificate of Insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above,are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans,Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to: (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; C-4 (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code (Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the CITY OF PORT ARTHUR, and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for: (1) non-consumable materials and equipment that are permanently incorporated into the project; and, (2) charges for skill, labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City 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,. C-5 The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non- Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract,description of the job,and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents,or should a Bidder be in doubt as to their meaning,the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids,the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER,considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. C-6 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 City 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 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 Ten percent (10°%o) {five percent (5%) if the total contract exceeds Twenty-five Thousand Dollars [$25,000]} 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 C-7 information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. PRE-BID CONFERENCE 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, October 5 2023 at, 10:00 AM, at 5th Floor Council Chambers, 444 4th Street, Port Arthur, Texas. The purpose of the NON-MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. I C-8 19. FEDERAL FUNDING Funding for this Contract has been provided in full or in part by Federal Emergency Management Agency's ("FEMA") Hazard Mitigation Grant Program ("HMGP")through the Texas Division of Emergency Management("TDEM")and the U.S. Department of Housing and Urban Development's ("HUD") Community Development Block Grant Disaster Recovery ("CDBG-DR") program through the Texas General Land Office ("GLO"). The federal funding requirements are located in Section U Federal Clauses. Bidders must comply with all requirements associated with the Federal Clauses, including, but not limited to, contracting with small and minority firms, women's business enterprise and labor surplus area firms (2 CFR § 200.321). The work must also comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of Davis-Bacon. The federal minimum wage rates for this project are predetermined by the United States Secretary of Labor. These rates are available directly from the Department of Labor at http://www.wdol.gov. Attention is directed to the Davis-Bacon Provisions in Section U Federal Clauses and the Labor Classification and Minimum Wage Scale in Appendix G. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates in Texas for similar classifications of labor, the CONTRACTOR and its subcontractors shall pay not less than the higher wage rate. In accordance with Section U Federal Clauses, and as further detailed therein, bidders shall complete the following bids forms located in Section U Federal Clauses and submit them with their bids: • Anti-Lobbying Certification • Contracting with Small and Minority Firms, Women's Business Enterprise and Labor Surplus Area Firms Certification • Debarment and Suspension Certification 20. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) Bidders shall be subject to 2 CFR § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Affirmative steps shall include: • Placing qualified small and minority businesses and women's business enterprises on solicitation lists; • Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; SECTION D BID r BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT BID FORM TABLE OF ARTICLES Page Article 1—Bid Recipient 2 Article 2—Bidder's Acknowledgements 2 Article 3—Bidder's Representations 2 Article 4—Further Representations 3 Article 5—Basis of Bid 3 Article 6—Time of Completion 7 I i CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT ARTICLE 1—BID RECIPIENT THIS BID IS SUBMITTED TO: City of Port Arthur 444 4th Street Port Arthur,Texas 77640 1.01 The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of Bid security.This Bid will remain subject to acceptance for 60 days after the Bid opening,or forsuch longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid,Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the BiddingDocuments, and the following Addenda,receipt of which is hereby acknowledged. Addendum No. Addendum Date Add No. Add. Date ONE 9-19-23 FOUR 10-13-23 TWO 10-09-23 FIVE 10-18-23 THREE 10-11-23 B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local and Site conditions that rny affect cost,progress,and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal,state and local Laws and Regulations that may affect cost,progress and performance of the Work. D. Bidder has carefully studied all:(1)reports of explorations and tests of subsurface conditions at or contiguous tothe Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in Article-5.05, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in Article-5.06. E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities)at or contiguous to the Site which may affect cost,progress,orperformance of the Work or which relate to any aspect of the means,methods,techniques,sequences,and procedures of construction to be employed by Bidder, including applying the specific means,methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s)bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 11114-1 CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to theSite,reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations,tests, studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditionsfor the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not laterthan the date of its execution of the Agreement. ARTICLE 4—FURTHER REPRESENTATIONS 4.01 Bidder further represents that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is notsubmitted in conformity with any agreement or rules of any group,association,organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding;and D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. ARTICLE 5—BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities,determined as provided in the ContractDocuments. ARTICLE 6—TIME OF COMPLETION 6.01 The project must be completed within 365 calendar days. 4 } -CITY OF PORT ARTHUR,TEXAS City of o r t r t h u ADDENDUM NO. ONE (1) T`a"5 SEPTEMBER 19, 2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID# 23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time,Wednesday,October 18,2023. (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, October 18, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 2. Non Mandatory Pre-Bid has been rescheduled to October 5, 2023 at 10:00 am. It will be in City Hall 5th Floor Council Chambers. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. gen, GC)4161 m� Clifton Williams Purchasing Manager ►•t r f, rAj%) , `. NOVEMBER 1 , 2023 Signature of Proposer - , Date T.W. HARRISON — PRESIDE* ALLCD, LLC Company Vendor Name 1. of -CITY OF PORT ARTHUR,TEXAS can° 4t iw / ADDENDUM NO. TWO(2) nrf rtl:u °' OCTOBER 9, 2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID # 23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Walk through is scheduled for 2:00 p.m.on Tuesday,October 10,2023 at the Port Acres Wastewater Plant located at 3001 FM 365,Port Arthur, TX 77640 If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli n Williams Purchasing Manager , C ✓ = NOVEMBER 1 , 2023 Signature of Proposer ; • �' �, ate T.W. HARRISON — PRESIDE . a ALLCO, LLC ```` Company Vendor Name t t -CITY OF PORT ARTHUR,TEXAS Cm of %. _ nr• �)} ` ADDENDUM NO. THREE (3) o r t r t I: T°""" OCTOBER 11, 2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID#23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached are the ARPA Federal Funding Provisions. 2. Attached are the Federal Clauses. 3. Attached are the Page 7 and 10 of the Bid Sheet. 4. The Influent Manhole is approximately 12 ft deep. The manhole shall be replaced or repaired with an internal lining system(Geokrete, Standard Cement Materials, or approved equal)to prevent water inflow and infiltration. The three(3) 18"pipes identified on the drawing shall be plugged and sealed.Please refer to the updated bid proposal. 5. The contractor needs to plan and notify the wastewater plant superintendent 30 days before the Digestor Repair and the digestor can only be offline for 30 days. 6. The overhead cranes in the Influent Lift Station can be used by the contractor. 7. Bid Proposal, page 10 Item 2N has been modified, see the updated units and description. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. (2/ .,rL l f)a�'0.d, uxd- Clift4 Williams Purchasing Manager �irv.v,„_, ,''''7, ••••.•.*******'•:.0 '''I op ,1 t. ' . '• _ NOVEMBER 1 , 2023 Signature o Proposer •• i . % :• = Date T.W. HARRISON - PRESItS NT% F.*S' ALLY, LLC ��,/Jiit,,:.����\� Company Vendor Name r ' „, ,I t.«t of ..„. f -CITY OF PORT ARTHUR, TEXAS p,tt ort rtl:ur ADDENDUM NO. FOUR (4) Tea'ac OCTOBER 13, 2023 BID FOR: PORT ACRES WWTP IMPROVEMENTS BID#23-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, November 1, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, November 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clif Williams • Purchasing Manager 0;.',°"-tto -r-u° • N, ,fr. .-., ";;"'? NOVEMBER 1 , 2023 Signature of Proposer . . `�.-7_-�,,.° Date T.W. HARRISON - PRESIDE[ ALLCO, LLC Company Vendor Name i of '� -CITY OF PORT ARTHUR,TEXAS City �> r Vt))r it ram— ADDENDUM NO.FIVEvti 44.CEIs q5C- 7e kas el October 18,2023 JCj 1 `,�O?3 BID FOR: PORT ACRES WWTP IMPROVEMENT CONTRACT The following clarifications, amendments, deletions, additions,revisions and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. The resilient seat gate valves on the discharge of the influent lift station (ILS)pumps can be supplied as OS&Y or non-rising stem valves. a. Each valve shall be supplied with an extension stem and accessories to allow operation of the valve from the walkway platform. b. Each extension stem shall be supplied with support(s)attached to the wall and/or walkway to allow easy operation of the valve. c. 16-inch valves shall be supplied with a gear operator as specified. d. Each stem shall be equipped with a handwheel mounted horizontally or vertically and the assembly shall be furnished complete. e. Each valve shall be equipped such that the valve can be operated with a maximum pull on the handwheel of 40 pounds. 2. Replace Bid Proposal page 3 with page attached. 3. Replace Note l.a. on Drawing C05.0 with the following: a. GATE VALVES. VALVE SHALL BE EQUIPPED WITH EXTENSION STEM AND WALL OR WALKWAY MOUNTED SUPPORTS TO ALLOW OPERATION FROM THE WALKWAY. CONTRACTOR SHALL PROVIDE ANY MODIFICATIONS REQUIRED TO HANDRAIL BY THE FINAL INSTALLATION. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 1 4 fl U24/Sa n4 Cli n Williams,CPPB ','° `` oar Purchasing Manager <_`� .• ° •.• 't1-9 - : ,A*677 .: :: . ` NOVEMBER 1 , 2023 ,,, *. ,f., it.:.„-i :Signature of Proposer � e Date T.W. HARRISON — PRESIDENT''' ....'....o.•. ...• ALLCO, LLC Company Vendor Name itai 6.-------, � CITY OF PORT ARTHUR, TEXAS J PORT ACRES WWTP IMPROVEMENT CONTRACT f C).•„,..—". BID OPENING In the space provided below, please enter your total bid amount for this project. Only this figure will be read publicly by the owner at the public bid opening. It is understood and agreed by the bidder in signing the proposal that the total bid amount entered below is not binding on either the bidder or the owner. It is further agreed that the official total bid amount for this proposal will be determined by the Owner and/or Engineer by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposaland then totaling all of the extended amounts bid for all lump sum items. Project: City of Port Arthur,Texas Port Acres WWTP Improvement Contract Owner: City of Port Arthur 444 4t Street Port Arthur, Texas 77640 $ U, 15 S)3 D. Total Base Bid (Items A-J) Total Additive Alternate Bid (Items K-O) ALLCO 6720 College (77707) —G.A.) CO NY AME P.O. Box ST3684ET ADDRESS RE IGNATURE 0 IDDER ! !o��� C P.O.BOX T.W. Harrison ;ct'�7;;:, L �• , Beaumont, Texas 77704 PRINT OR TYPE NAN�N�•''� '�P CITY STATE ZIP President 489-860-4459 TITLE = TELEPHONE NO. tharrison@allco.cam r "" "' . 409-860-3857 EMAIL FAX NO. _,qq a st'ieJfd�_6`A�60\ BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT Item Qty. Unit Description Unit Price Total Price BASE BID-ITEMS A THROUGH J A. GENERAL 1A. 1 LS Mobilization costs, including payment bond, performance bond,insurance,moving equipment to project,and project sign,all in strict accordance with the plans and specifications. NOT TO EXCEED 4%of total project cost,for 14t 5(..41 d — DOLLARS /Py CENTS $'t63CGY1, $ 1-6 C)L`t.O0 Lump Sum 2A. 1 LS Provide a Trench Safety Plan and a Trench Safety System, all in strict accordance with the plans and specifications for € , ,.n Ire DOLLARS Atv CENTS $ I00.00 $ JF . 0 Lump Sum B. ILS BYPASS MANIFOLD 1B. 1 LS Install Owner supplied underground 30" and 24" Diameter Pipe and Ancillary components and Furnishing and Installing any components required for a complete installation not listed to be supplied by Owner, complete in place, including excavation,cutting of and connections to existing 30" ILS discharge main, bypass pumping(if required),draining main and pumping to wet well,cleaning any sewage spill,well points, installation of polyethylene pipe encasement, cement sand backfill, road base, surface restoration (including saw cutting, removal and replacement of concrete and asphalt surfacing,if required),testing and necessary appurtenances,all in strict accordance with plans and specifications for e rtrr3 tine- Vivmc ve f�tws'1'cl DOLLARS 1 Ni CENTS $1430 50C•0G $ I T 50o .©0 Lump Sum Bid Proposal 1 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 2B. 1 LS Install Owner and Contractor supplied above ground Pipe for Bypass Header and Ancillary components including Furnishing and Installing any components required for a complete installation not listed to be supplied by Owner, complete in place, including concrete pipe supports, 12" non-rising stem gate valves, steel retainer band as shown on supports,anchor bolts, coatings, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specifications for { Vyne. 11\C -`+ ci DOLLARS 40 - CENTS $ � {:00 ,1.)v $41, t` Lump Sum 3B. 1 LS Furnish and Install Reinforced Concrete Slab for ILS Bypass Header as shown on Contract Drawings, utilizing minimum 4,000 PSI fiber mesh concrete, complete in place, all in strict accordance with plans and specifications for 1:r S"tx .yc,.ct a _ >, DOLLARS ;1 ---- CENTS $ k31 QCC0 , G' $j{7 0C •i C) Lump Sum 4B. 2 EA Furnish and Install 6" Galvanized, Concrete Filled Bollards as Per Plans,complete in place, including excavation, concrete backfill, vinyl wash primer and topcoats, surface restoration, complete in place,all in strict accordance with the plans and specifications for -i 1 lh�,-5t-1-,1 -tJ ri e 1444..-„r cl DOLLARS A,0 CENTS $ J � t .r c $ _�, L) l' ,t:'z'. Per Each 5B. 2 EA Furnish and Install Reinforced Concrete Valve Box Retainers, complete with cast iron valve box and lid as shown on the Contract Drawings, including any backfill required to level above valve,complete in place,all in strict accordance with plans and specifications for 1-"AV.,14ve DOLLARS ,1,ice, - CENTS $.''>c C .< < $ !, O00.QO Per Each Bid Proposal 2 1 , BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 6B. 1 LS Furnish and Install 2" Sch. 40 PVC Potable Water(PTW)Line including Hose Bib Stand and Hose Rack,Backflow Preventer,fittings,isolation valves and connections as shown on Contract Drawings, complete in place, all in strict accordance with the plans and specifications for f,Ci;i -DOLLARS CENTS $ .; $ q o G C. o Lump Sum 7B. 1 LS Provide and Install Coatings on all Above Ground Piping and Accessories as Specified in the Contract Documents,complete in place, all in strict accordance with Coating Manufactures Specifications for Surface Prep and Minimum Dry Film Thickness all in strict accordance with plans and specifications for I\;n,e.)-11— cc(I DOLLARS CENTS $ , ti00.0( $ (^ t'10C.00 Lump Sum C. ILS PUMP DISCHARGE PIPING ASSEMBLY 1 C. 3 EA Furnish and Install Main ILS Discharge Pipe Assembly of the Same Diameter on the Three Large Pumps including Ductile Iron Pipe;Isolation AWWA Resilient Wedge Gate Valves with Gear Operator (if required), extension stem, wall or walkway mounted support and Handwheel; Swing Check Valves;Couplings;Pressure Gauges;Isolation Diaphragms;Pipe Supports;Handrail Adjustments(if required), to clear handwheel; and Ancillary Components complete and in place as required for a complete and operable system. t I'1 :nz 1110i.sa r a DOLLARS fi) CENTS $ �f1, DC'C, CC $.aL3 7� CG,C.CO �v Per Each 2C. 3 EA Furnish and Install Main ILS Discharge Pipe Assembly of the Same Diameter on the Three Smaller Pumps including Ductile Iron Pipe; Isolation AWWA Resilient Wedge Gate Valves with Gear Operator(if required), extension stem, wall or walkway mounted support and Handwheel; Swing Check Valves;Couplings;Pressure Gauges;Isolation Diaphragms;Pipe Supports;Handrail Adjustments(if required), to clear handwheel; and Ancillary Components complete and in place as required for a complete and operable system.. r' J `')'�pu Sal, v v-r Ism coca DOLLARS , ----- CENTS $ ' , y.0°.C $ g>�,, 0-o( . 0 C Per Each Bid Proposal 3 r r BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 3C. 1 LS Provide and Install Coatings on all Piping, Valves and Accessories installed in the ILS as Specified in the Contract Documents,complete in place, all in strict accordance with Coating Manufactures Specifications for Surface Prep and Minimum Dry Film Thickness all in strict accordance with plans and specifications for L3 h "i \ civSc J- DOLLARS IYJE,J - CENTS $ f 10CC ,OC de Lump Sum D. ILS LOWER-LEVEL LADDERS 1D. 3 EA Furnish and Install Ladders in lower level of ILS from the existing walkway to bottom slab in compliance with the Contract Documents complete in place. r '�lrj c c+7u_�Gn,c C i)1,1_ LLARS A/q - CENTS $ ijG: . CC $g Lisa`. c�� Per Each 2D. 3 EA Furnish and Install Handrail Modifications at Each Ladder in lower level of ILS in the existing walkway handrail complete in place. Modifications to be made with standard aluminum handrail components and 304 stainless steel fasteners. t Th...0"S0-v'A DOLLARS ----- CENTS $ tJvGC . $ %.Jr10LC` .c' O Per Each E. ILS SLUICE GATE REPAIRS AND SAND REMOVAL 1E. 1 LS Clean and Repair Three Sluice Gates,Stem Guides, Rebuild or Replace Manual Operators Including Stem Covers and Coatings,Replace Stainless Steel Stem on One Sluice Gate at the ILS wetwell and influent channel as shown on the drawings. Work shall be complete and in place as required for. 636 }un, -'-weltt sktsf, 6OLLARSS N G y--- -- CENTS $ 1 2,II t}, •C . $:Zia,tt o c.o Per Lump Sum Bid Proposal 4 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 2E. 30 Cu Remove Grit,Sand,and Other Solids from ILS Yds Wetwell and Inlet Chamber,and legally dispose of material for: f ,- the -)l e i t q h},1 DOLLARS CENTS $1 (r . 0i`- $Z1,L+0c.��, Per Cubic Yard F. ILS WET WELL VENT REPAIR 1F. 1 LS Rebuild the Two Wetwell Vent Pipes on the ILS Wetwell. Work shall include replacement of the vent screens,sand blasting and coating of the vent pipes as described on the Drawings and shall be complete and in place as required for: A iS -�1.;;. i�� S 1ti OLLARS ,i fV",- CENTS $)'tr 7 0 o .3) $ q, ©c. C' Per Lump Sum G. 8"HDPE FORCE MAIN CONNECTION 1G. 1 LS Furnish and Install 8" SDR 17 HDPE Force Main Bypass Pipe Including Isolation Gate Valves,M.J. Ductile Iron Fittings,Mega Lugs and 30"Tapping Saddle to allow the existing force main from the EDC Pump Station to be diverted to the 30-inch discharge main downstream of the Bypass Header. Work shall include excavation, backfill, pipe fittings, and all ancillary components complete and in place as required for: 11 r y 11 }"DOLLARS o CENTS $3 c1 3`>, t $'3,' . [: Per Lum Sum H. ABOVE-GROUND DIESEL FUEL TANK 1H. 1 LS Provide a Temporary Minimum 500-Gallon Diesel Fuel Storage Tank at Port Acres WWTP and temporarily install it to allow fueling of the existing generator during construction until the new system is online,installation of 610 limestone base pad for tank,transfer of fuel from the underground tank to above ground tank,and ancillary components complete and in place as required for. I I,IL'^5{)Y'¢.l110,56-aa t vc wl' DOLLARS N C 0 CENTS $ 1 G.0 Q $ rl.D c a_ , c Per Lump Sum Bid Proposal 5 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 2H. 1 LS Supply and Install New Skid Mounted 1,500- Gallon Double Walled UL-142 Above Ground Fuel Tank at Port Acres WWTP including all ancillary components required to operate the existing diesel generator,and anchoring to slab in accordance with applicable windstorm requirements,complete and in place as required for: S.x'rec'l- 1ti a Fit,.4,-sa DOLLARS ---. CENTS $ ) `'L . G $ I 0,.a r /l� Per Lump Sum 3H. 1 LS Remove And Dispose of Existing Concrete Slab Above The Existing Underground Storage Tank including excavation to allow placement of proposed seal slab and reinforced concrete slab. Work to be performed under the direction of a company Licensed by the State to decommission underground petroleum tanks, all in strict accordance with the plans and specifications for: 3-1.;tlten 1..uu5-'4 -iJi 1-iivnet4ta DOLLARS 1. CENTS $ - C. $1� 3 CC Per Lump Sum 4H. 1 LS Filling and Abandonment of Existing Underground Storage Tank Certified by a Company Licensed to Decommission Underground Petroleum Storage Tanks. As a minimum the Work will include removal and disposal of all remaining diesel fuel in the tank, filling the tank with flowable lightweight cementitious fill, lowering fill, vent, and other piping to below the level of the seal slab and capping with all work in accordance with applicable laws and rules of tank abandonment including all testing required by TCEQ and filing all required permits and reports to TCEQ to legally abandon the tank in place. -y;r} rt A.01,5 till A DOLLARS ° CENTS $.�Q,C tit) .Ql! $ 30C0C. CC- Per Lump Sum 5H. 9 Cu Eight-inch Thick Reinforced Concrete Slab and 3- inch Seal Slab as shown on Contract Drawings for Yd installation of new Fuel Storage Tank, utilizing minimum 4,000 PSI fiber mesh concrete,complete in place, all in strict accordance with the plans and specifications including sand backfill,rubberized joint filler between slab and building for: `rl,z e- ne e d DOLLARS ; �-- • CENTS $ j0C: CO SaTiCOSO Per Cubic Yard Bid Proposal 6 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT I. INFLUENT MANHOLE REPAIR 1I. 1 LS Line or Replace Influent Manhole and Plug Three 18"Pipes with concrete(two west side 18"pipes and one east side 18" pipe). Work shall include temporarily plugging the influent lines, bypass pumping (if required), furnishing all equipment required to perform work safely, and ancillary components complete and in place as required for: Vv:•.r r,v.sc..�1 r..: 1,t(+t•aDOLLARS Ai° CENTS $ t.i.q 0 ;c $:L 41, 4 0 G.C C Per Lump Sum J. ILS REPAIR ALLOWANCE 1J 1 Allow Miscellaneous Repairs at ILS. Furnish all labor, materials,and equipment to perform all miscellaneous repairs at the Influent Lift Station,as approved by the Engineer and Owner all in strict accordance with the Contract Documents,Technical Specifications,and Drawings for: Twenty-Five Thousand DOLLARS No CENTS $ 25,000.00 $ 25,000.00 Per Allowance Bid Proposal 7 • BID PROPOSAL CITY OF PORT ARTHUR, TEXAS • PORT ACRES WWTP IMPROVEMENT CONTRACT ADDITIVE ALTERNATE BID —ITEMS K THROUGH 0 K. DIGESTER REPAIRS(ADDITIVE ALTERNATE) 1K. 450 Cu Remove Grit, Sand, and Other Solids from yds Digester,Dewater and dispose of material for: 1 4,73.4 c 1 V-v c'. DOLLARS i jv _ CENTS $ y �.�;C $ 1))A5 ". co Per Cubic Yard 2K. 1 LS Remove Existing Digester Decant Piping and Valves from Flange of Wall Pipe to Mechanical.Joint in Riser, core the two lower pipes, and remove wall pipes. Replace two lower wall pipes with ductile iron flange-x-plain end pipes seal annular space with modular link seals and sealant,install new ductile iron pipe and fittings, two resilient wedge AWWA gate valves, new M.J. ring, gasket, and SS bolts, and coatings as shown on Contract Drawings, complete in place, all in strict accordance with the plans and specifications for: J ,;r a Pint' �i ►„�wy c ..c DOLLARS .1} " .. CENTS $ 3 C4i' . $3i3OGO .O0 Per Lump Sum 3K. 1 LS Install 6'x6' Reinforced 4,000 psi Concrete 4- inch thick slab under decant piping. Work to include all clearing,grubbing,leveling with clean sand, and rubberized expansion joint material between slab and digester wall, 6x6 #6 welded wire reinforcement, concrete, and ancillary components complete and in place as required for: --: /L -1he%tSGt�� c..� l ^,tLv4 DOLLARS i . — - CENTS $5,400.v: $ j tj-t;ti`.1' Per Lump Sum L. BLOWER INLET PIPE MODIFICATIONS(ADDITIVE ALTERNATE) 1L. 1 LS Furnish and Install Exterior Rated 10"Inlet Filter Silencer On Each Of The 4 Positive Displacement Blowers. Work to include coring roof slab, installation of)-IDG sleeve with grouting,10"SS riser pipe with weather hood, filter support stand with anchoring to roof, flexible coupling,roofing repairs, and any ancillary components required for a complete in place and operable system for: iC Z- -cn 5atr,a DOLLARS �!G - CENTS $ ci ,c $ bSCC Per Lump Sum Bid Proposal 8 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT L. CONCRETE TANKER TRUCK UNLOADING SLAB(ADDITIVE ALTERNATE) 1M. 45 Sn Furnish and Install 8" Reinforced Concrete Slab and Perimeter Beam/Curb for Tanker Truck Yds• Unloading Slab with a minimum width between curbs of 14 feet, utilizing minimum 4,000 PSI fiber mesh concrete,reinforcement,complete with perimeter grade beams,ramps at the entrance curb and stormwater drain valve and piping, in place as shown on the Contract Drawings. Work shall include excavation as required to provide a minimum slope of 2" per 12' with any over-excavation backfrlled with cement stabilized sand. Work shall be complete and in place as required for: !`firJ" vn-a.,cA 10r4A' ate DOLLARS Kati CENTS $ /.7, $3 5 35. i,C? Per Square Yards 2M. 1 LS Demolish Existing Concrete Truck Loading Slab and Curbs and dispose of the material. Work shall be complete and in place as required for: DOLLARS liACPA C /tea CENTS $ ii3cf?, ,000, 00 Per Lump Sum 3M. 1 LS Furnish and Install a Replacement HDPE Medium Duty Hinged Manhole Cover and Frame and Replace Existing Brick Cone on the truck unloading slab drainage manhole. Work shall include excavation and removal of existing cast iron frame and cover and brick cone,disposal of all waste material,furnishing and installation of new concrete cone,HDPE hinged frame and cover per specifications as required and ancillary components complete and in place as required for: 2.� '1'h�u5er,J C:��fi }}i;n.,:t,*DOLLARS ..�--- o CENTS $,2Q�300 i .2 o 1 gDO . 0 0 Per Lump Sum Bid Proposal 9 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT 4M. 1 LS Furnish and Install Welded Steel Splash Shield On Truck Unloading Pad Where Shown On The Drawing. Work shall include welding, fabrication,hot dip galvanizing or coating,SS anchors bolts,grouting of base plates and ancillary components complete and in place as shown on the Contract Drawings as required for: DOLLARS 5h-t r".n 14. C G�SGU' CENTS $ 157 C i'.0 Per Lump Sum N. ROADWAY IMPROVEMENTS(ADDITIVE ALTERNATE) 1N. 1,100 S Furnish and 8 Install#610 Crushed Limestone Road q Base at " Compacted Thickness to a Minimum Yds Width of 12 Feet on the existing unimproved roadway as shown on the drawings. Work shall include removal of the top 6"of the existing road surface and disposal at the City of Port Arthur Landfill, placement and compaction of the new base complete and in place as required for: CAW— u n reML,'C�h 1 DOLLARS ivl J CENTS $ r ,C'c. $ / [ , goo o i) Per Square Yard 2N. 200 Sq ROAD and IMPROVEMEInstall#610 CrushedNT �Li ALLOWANCE FurnishRoad Yds Base at 8" Compacted Thickness if required and approved by the Engineer in locations directed by Engineer complete and in place as required for: LG"Y1 Z- "11,t,r c ' 1 )t? DOLLARS jU CENTS $ 0 .O C $ _2 4,000 Per Square Yard Bid Proposal 10 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT O. ILS DRY WELL VENTILATION SYSTEM REPLACEMENT(ADDITIVE ALTERNATE) 10. 1 LS Furnish and Install Two New Ventilation Systems including Fans, Ducts, Gravity Louvers Flexible Connections, Supports and Replace Electrical Connection from Breaker Panel to Each Fan Including Breaker and Switches. Each system installation shall include all required ancillary components for a complete and operable system in place as required for: 2;�,41) �;ve_ T Gbt.s cam.a DOLLARS to CENTS $ to5) ptO,O0 $ 6. 5:jDCO .OD Per Lump Sum Per Lump Sum • Do Not extend unit prices or total out bid items. Show unit and lump sum prices in words and figures only.In case of discrepancy,the amount shown in words will govern. All extensions and total prices will be calculated by Owner and/or Engineer. Bidder's calculated totalbid amount is to be provided on accompanying"Bid Opening" Sheet. • The Additive Alternate bid items can be issued in any order or combination. Bid Proposal 11 SECTION E BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, ALLCO,LLC as Principal, and Colonial American Casualty and Surety Company as Surety, are hereby held and firmly bound unto CITY OF PORT ARTHUR as OWNER in the penal sum of FIVE Percent of the Greatest Amount Bid(5%G.A.B.) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,successors and assigns. Signed, this 1st day of November , 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 BID NO.P23-071 PORT ACRES WASTEWATER TREATMENT PLANT IMPROVEMENTS 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. E-1 The Surety,for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. ALLCO,LL (L.S_) PRINCIPAL . tt',;;,o BY: �•*` + + C.� T. .Harrison,President .r� :'• .••••:O 'er Colonial American Casualty and Surety Company SURETY = • Jil n ONeal,Attorney- act 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 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Edward ARENS,Philip BAKER,Michele BONNIN,Milian O'NEAL,Erica A. COX and Rebecca GARZA, all of The Woodlands,Texas,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of November,A.D.2019. i '.3o►°O%�`.o -,r_ SEAL { u' tcoe f un i Hrvti...•^h�e Iy ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President ` �-- By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of November, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. +jl• utY :! . Z•4)t )?` ,,++..rt►'3`' Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 '111111iti�,` P EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact, The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings,or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company maybe affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1 St day of November , 2023 0 By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 0 ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacion o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informacion sobre com- 1-800-252-3439 panias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512)490-1007 Austin, TX 78714-9104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS 0 about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 SECTION F GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause; Termination of Contract for Convenience 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. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 26. Suspension of Work 27. National Historic Preservation Act of 1966 28. Required Provisions Deemed Inserted 29. Safety and Health Regulations for Construction 30. Use and Occupancy Prior to Acceptance by Owner 31. Use of Premises and Removal of Debris 32. Quantities of Estimate 33. Lands and Rights-of-Way 34. Conflicting Conditions in Contract Documents 35. Notice and Service Thereof 36. Separate Contract 37. Subcontracting 38. Architect/Engineer's Authority 39. Meaning of Intent 40. Contract Security 41. Additional or Substitute Bond 42. Assignments 43. Mutual Responsibility of Contractors 44. Acceptance of Final Payment Constitutes Release 45. Payments by Contractor 46. Construction Schedule 47. Payments to Contractor 48. Correction of Work 49. Subsurface Conditions Found Different 50. Claims for Extra Cost 51. Changes in Work 52. Extras 53. Time for Completion and Liquidated Damages 54. Weather Conditions 55. Protection of Work and Property--Emergency 56. Inspection 57. Superintendent by Contractor 58. Civil Rights Act of 1964 59. Section 109 of the Housing and Community Development Act of 1974 60. Indemnification 61. Delays 62. Maintenance of Work 63. Antitrust 64. Labor, Materials, and Equipment 65. Delay, Disruption and/or Other Claims 66. Differing Site Conditions 67. Physical Conditions — Underground Utilities 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; TERMINATION OF CONTRACT FOR CONVENIENCE Termination 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. Termination for Convenience. The CITY OF PORT ARTHUR may, by written notice to CONTRACTOR, terminate this Contract for convenience, in whole or in part, at any time by giving written notice to CONTRACTOR of such termination, and specifying the effective date thereof. If the termination is for the convenience of the CITY OF PORT ARTHUR, the CITY OF PORT ARTHUR shall compensate CONTRACTOR for work fully and adequately provided through the effective date of termination. CONTRACTOR specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all Personnel required in performing the work under this Contract. Such personnel shall not be Employees of or have any contractual relationship with the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three (3) years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. a 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and 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. 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. 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. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead- Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under subpart B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 26. 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. 27. 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). 28. 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. 29. 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. 30. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 31. 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. 32. 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. 33. 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. 34. 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: Section U Federal Clauses, 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. 35. 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. 36. 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. 37. 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. 38. ARCHITECT/ENGINEERS AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 39. MEANING OF INTENT 4 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. 40. 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. 41. 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. 42. 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. 43. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 44. 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. 45. 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. 46. 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. 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 CONTRACTOR 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 CONTRACTOR shall submit with the Schedule update, a narrative report of the progress made during the period covered by the Schedule update. This report shall outline accomplishments during the reporting period and shall include a discussion of problems encountered and of how those problems have been or will be dealt with. The narrative report shall also include a discussion of changes or other items encountered which, in the opinion of the CONTRACTOR, may cause problems to the future progress of the Work. The CONTRACTOR shall include in the report a plan of action for overcoming the potential problems stated. a. The OWNER retains the right to withhold progress payments until the CONTRACTOR'S updated schedule has been accepted by the OWNER. b. During the course of the Work the Schedule may be revised by agreement of the OWNER and the Contractor. Each revision of the Schedule shall supersede and replace all previous versions of the Schedule. The revised Schedule shall include the following information: 1. Date of revision; 2. Identification of all changes made to the original schedule, including the incorporation of an anticipated Change Orders; 3. Concise narrative explanation of the reasons for each change. c. The CONTRACTOR may request Schedule revisions by submitting a revised Schedule in the form outlined above. However, if the OWNER cannot agree to the suggested revisions, the Contractor shall make those adjustments as may be required to maintain the original Schedule. d. Responsibility for the CONTRACTOR'S Schedule(s) in all aspects, assumptions and implications, either known or unknown, made or assumed, by the CONTRACTOR in the preparation of his Schedule(s), is entirely that of the CONTRACTOR. Acceptance of the CONTRACTOR'S schedule(s) by the OWNER shall in no way make the OWNER responsible for the execution or non-execution of the CONTRACTOR'S schedule nor is the OWNER responsible or liable in any way for any acts, errors, omissions or negligence of the CONTRACTOR or any Sub-contractor or any of the CONTRACTOR'S or Sub- contractor's agents, assigns, servants or employees or any other person, firm or corporation performing or attempting to perform the Work. 47. PAYMENTS TO CONTRACTOR a. Not later than the thirty (30) calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds $25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the City of Port Arthur Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer (ten)10 working days prior to the next scheduled City of Port Arthur Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. 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 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 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, and any other general expenses. OWNER shall only direct the CONTRACTOR to perform a time and materials change order for extra work under (c) above after a determination by OWNER that no other type of change order is suitable for the changes in work (for example, a lump sum amount) and the change order shall include a ceiling price that the CONTRACTOR exceeds at its own risk. Notwithstanding any other provision in the Contract Documents, including, but not limited to, this Article 52 in the General Conditions, profit must be separately negotiated as an element of price on all change orders. To establish a fair and reasonable profit, consideration must be given to the complexity of the extra work, the risk borne by the CONTRACTOR, the CONTRACTOR's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. All costs must be (i) necessary and reasonable; (ii) allocable to the project; and (iii) adequately documented. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. Provided, further, that the CONTRACTOR shall, within ten (10) working days after total calendar days delayed have been used up in the contract time and such delay thereafter, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefore as provided and if approved therefore by Engineer. Such delays shall include acts of neglect by the OWNER or others performing additional work, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage, or freight 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 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. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the City of Port Arthur. 60. 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. 61. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits, judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 62. 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. 63. 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. 64. 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). 65. 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. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written notice and approval by the Engineer. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the OWNER any additional cost incurred by the OWNER as a result of such work. b. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight (8) hours in any one calendar day or forty (40) hours in any one (1) calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid to the CONTRACTOR for overtime work only in the event that extra work is ordered by the Engineer, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. c. 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. d. 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, e. 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. f. 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. 66. 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. 67. 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 CONTRACTOR'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 68. 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. Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Applicability The Project or Program to which the construction work is performed. The wage determination work covered by his contract pertains is being (including any additional classification and wage assisted by the United States of America and the rates conformed under 29 CFR Part 5.5(a)(1)(ii) following Federal Labor Standards Provisions are and the Davis-Bacon poster (WH-1321) shall be included in this Contract pursuant to the posted at all times by the contractor and its sub- provisions applicable to such Federal assistance. contractors at the site of the work in a prominent and accessible, place where it can be easily seen A. 1.(i) Minimum Wages. All laborers and by the workers. mechanics employed or working upon the site of the work(or under the United States Housing Act (II) (a) Any class of laborers or mechanics of 1937 or under the Housing Act of 1949 in the which is construction or development of the project),will not listed in the wage determination and which is be paid unconditionally and not less often than to be employed under the contract shall be once a week, and without subsequent deduction classified in conformance with the wage or rebate on any account (except such payroll determination. HUD shall approve an additional deductions as are permitted by regulations classification and wage rate and fringe benefits issued by the Secretary of Labor under the therefore only when the following criteria have Copeland Act.(29 CFR Part 3),the full amount of been met: wages and bona fide fringe benefits (or cash equivalents thereof @ due at time of payment (1) The work to be performed by the computed at rates not less than those contained classification in the wage determination of the Secretary of requested is not performed by a classification in Labor which is attached hereto and made a part the wage determination;and thereof, regardless of any contractual relationship which may be alleged to exist (2) The classification is utilized in the area by the between the contractor and such laborers and construction industry;and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe (3) The proposed wage rate, including any bona fide benefits under Section 1(b)(2) of the Davis- fringe benefits,bears a reasonable relationship to Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or the wage rates contained in the wage mechanics, subject to the provisions of 29 CFR- determination. 5.5(a)(1)(iv); also, regular contributions made or (b) If the contractor and the laborers and costs incurred for more than a weekly period(but mechanics to be not less often than quarterly) under plans,funds, employed in the classification (if known),or their or programs, which cover the particular weekly representatives, and HUD or its designee agree period,are deemed to be constructively made or on the classification and wage rate(including the incurred during such weekly period. amount designated for fringe benefits where appropriate),a report of the action taken shall be Such laborers and mechanics shall be paid the sent by HUD or its designee to the Administrator appropriate wage rate and fringe benefits on the of the Wage and Hour Division, Employment wage determination for the classification of work Standards Administration, U.S. Department of actually performed without regard to skill,except Labor Washington, D.C. 20210. The as provided in 29 CFR Part 5.5(a)(4). Laborers or Administrator, or an authorized representative, mechanics performing work in more than one will approve, modify, or disapprove every classification may be compensated at the rate additional classification action within 30 days of specified for each classification for the time receipt and so advise HUD or its designee or will actually worked therein: Provided, that the notify HUD or its designee within the 30-day employer's payroll records accurately set forth period that additional time is necessary. the time spent in each classification in which (Approved by the Office of Management and F-25 Budget under OMB control number 1215-0140.) 2. Withholding. HUD or its designee shall upon (c) In the event the contractor, the laborers or its own mechanics action or upon written request of an authorized to be employed in the classification or their representative of the Department of Labor representatives, and HUD or its designee do not withhold or cause to be withheld from the agree on the proposed classification and wage contractor under this contract or any other rate(including the amount designated for fringe Federal contract with the same prime contractor, benefits,where appropriate),HUD or its designee or any other Federally-assisted contract subject shall refer the questions,including the views of all to Davis-Bacon prevailing wage requirements, interested parties and the recommendation of which is held by the same prime contractor so HUD or its designee, to the Administrator for much of the accrued payments or advances as determination. The Administrator, or an may be considered necessary to pay laborers and authorized representative, will issue a mechanics, including apprentices, trainees and determination within 30 days of receipt and so helpers, employed by the contractor or any advise HUD or its designee or will notify HUD or subcontractor the full amount of wages required its designee within the 30-day period that by the contractor in the event of failure to pay additional time is necessary. (Approved by the any laborer or mechanic, including any Office of Management and Budget under OMB apprentice, trainee or helper, employed or Control Number 1215-0140.) working on the site of the work (or under the United States Housing Act of 1937 or under the (d) The Wage rate (including fringe benefits Housing Act of 1949 in the construction or where development of the project), all or part of the appropriate) determined pursuant to wages required by the contract, HUD or its subparagraphs (1)(b) or (c) of this paragraph, designee may, after written notice to the shall be paid to all workers performing work in contractor, sponsor, applicant, or owner, take the classification under this contract from the such action as may be necessary to cause the first day on which work is performed in the suspension of any further payment, advance, or classification. guarantee of funds until such violations have ceased. HUD or its designee may, after written (III) Whenever the minimum wage rate notice to the contractor, disburse such amounts prescribed withheld for and on account of the contractor or In the contract for a class of laborers or subcontractor to the respective employees to mechanics includes whom they are due. The Comptroller General a fringe benefit which is not expressed as an shall make such disbursements in the case of hourly rate, the contractor shall either pay the direct Davis-Bacon Act contracts. benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an 3. (i) Payrolls and basic records. Payrolls and hourly cash equivalent thereof. basic records relating thereto shall be maintained (iv) If the contractor does not make by the contractor during the course of the work payments to a preserved for a period of three years thereafter trustee or other third person,the contractor may for all laborers and mechanics working at the site consider as part of the wages of any laborer or of the work (or under the United States Housing mechanic the amount of any costs reasonably Act of 1937,or under the Housing Act.Of 1949,in anticipated in providing bona fide fringe benefits the construction or development of the project). under a plan or program, Provided, That the Such records shall contain the name,address,and Secretary of Labor has found, upon the written social security number of each such worker,his or request of the contractor, that the applicable her correct classification, hourly rates of wages standards of the Davis Bacon Act have been met. paid (including rates of contribution or costs The Secretary of Labor may require the anticipated for bona fide fringe benefits or cash contractor to set aside in a separate account equivalents thereof of the types described in assets for the meeting of obligations under the Section (b)(2)(B) of the Davis-bacon Act), daily plan or program. (Approved by the Office of and weekly number of hours worked,deductions Management and Budget under OMB Control made and actual wages paid. Whenever the Number 1215-0140.) Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or F-26 Is mechanic include the amount of any costs that such information is correct and complete; reasonably anticipated in providing benefits under a plan or program described in Section (2) That each laborer or mechanic (including 1(b)(2)(B)of the Davis-Bacon Act,the contractor each helper, apprentice, and trainee) employed shall maintain records which show that the on the contract during the payroll period has commitment to provide such benefits is been paid the full weekly wages earned,without enforceable, that the plan or program is rebate, either directly or indirectly, and that no financially responsible, and that the plan or deductions have been made either directly or program has been communicated in writing to indirectly from the full wages earned, other than the laborers or mechanics affected, and records permissible deductions as set forth in 29 CFR which show the costs anticipated or the actual Part 3; cost incurred in providing such benefits. Contractors employing apprentices or trainees (3) That each laborer or mechanic has been under approved programs shall maintain written paid not less than the applicable wage rates and evidence of the registration of apprenticeship fringe benefits or cash equivalents for the programs and certification of trainee programs, classification of work performed, as specified in the registration of the apprentices and trainees, the applicable wage determination incorporated and the ratios and wage rates described in the into the contract. applicable programs. (Approved by the Office of Management and Budget under OMB Control © The weekly submission of a properly Numbers 1215-0140 and 121500017.) executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the (ii) (a) The contractor shall submit weekly for requirement for submission of the"Statement of each week in which any contract work is Compliance" required by paragraph A.3.(ii)(b) of performed a copy of all payrolls to HUD or its this section. designee if the agency is a party to the contract, but if the agency is not such a party, the (d) The falsification of any of the above contractor will submit the payrolls to the certifications may subject the contractor or applicant sponsor, or owner, as the case may be, subcontractor to civil or criminal prosecution for transmission to HUD or its designee. The under Section 1001 of Title 18 and Section 231 of payrolls submitted shall set out accrately and Title 31 of the United States Code. completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(l). This (iii) The contractor or subcontractor shall make information may be submitted in any form the records required under paragraph A.3.(I) of desired. Optional Form WH-347 is available for this section available for inspection, copying, or this purpose and may be purchased from the transcription by authorized representatives of Superintendent of Documents (Federal Stock HUD or its designee or the Department of Labor, Number 029-005-00014-1), U.S. Government and shall permit such representatives to Printing Office, Washington, DC. 20402. The interview employees during working hours on the prime contractor is responsible for the job. If the contractor or subcontractor fails to submission of copies of payrolls by all submit the required records or to make them subcontractors. (Approved by the Office of available, HUD or its designee may, after written Management and Budget under OMB Control notice to the contractor, sponsor, applicant or Number 1215-0149.) owner, take such action as may be necessary to cause the suspension of any further payment (b) Each payroll submitted shall be advance, or guarantee of funds. Furthermore accompanied by a "Statement of Compliance," failure to submit the required records upon signed by the contractor or subcontractor or his request or to make such records available maybe or her agent who pays or supervises the payment grounds for debarment action pursuant to 29 of the persons employed under the contract and CFR Part 5.12. shall certify the following: (Apprentices and Trainees. (1) That the payroll for the payroll period contains the information required to be (4) Apprentices. Apprentices will be permitted maintained under 29 CFR Part 5.5(a)(3)(i) and to work at F-27 less than the predetermined rate for the work (ii) Trainees. Except as provided in 29 CFR 5.16, they performed when they are employed trainees will not be permitted to work at less than pursuant to and individually registered in a bona the predetermined rate for the work performed fide apprenticeship program registered with the unless they are employed pursuant to and U.S. Department of Labor, Employment and individually registered in a program which has Training Administration, Bureau of received prior approval, evidenced by formal Apprenticeship and Training, or with a State certification by the U.S. Department of Labor, apprenticeship Agency recognized by the Employment and Training Administration. The Bureau, or if a person is employed in his or her ratio of trainees to journeymen on the job site first 90 days of probationary employment as an shall not be greater than permitted under the apprentice in such an apprenticeship program, plan approved by the Employment and Training who is not individually registered in the program, Administration. Every trainee must be paid at but who has been certified by the Bureau of not less than the rate specified in the approved Apprenticeship and Training or a State program for the trainee's level of progress, Apprenticeship Agency (where appropriate) to expressed as a percentage of the journeyman be eligible for probationary employment as an hourly rate specified in the applicable wage apprentice. The allowable ratio of apprentices to determination. Trainees shall be paid fringe journeymen on the job site in any craft benefits in accordance with the provisions of the classification shall not be greater than the ratio trainee program. If the trainee program does not permitted to the contractor as to the entire work mention fringe benefits, trainees shall be paid force under the registered program. Any worker the full amount of fringe benefits listed on the listed on a payroll at an apprentice wage rate, wage determination unless the Administrator of who is not registered or otherwise employed as the Wage and Hour Division determines that stated above, shall be paid not less than the there is an apprenticeship program associated applicable wage rate on the wage determination with the corresponding journeyman wage rate on for the classification of work actually performed. the wage determination which provides for less In addition, any apprentice performing work on than full fringe benefits for apprentices. Any the job site in excess of the ratio permitted employee listed on the payroll at a trainee rte under the registered program shall be paid not who is not registered and participating in a less than training plan approved by the Employment and the applicable wage rate on the wage Training Administration shall be paid not less than determination for the actually performed. the applicable wage rate on the wage Where a contractor is performing construction determination for the work actually performed. on a project in a locality other than that in which In addition, any trainee performing work on the its program is registered, the ratios and wage job site in excess of the ratio permitted under rates (expressed in percentages of the the registered program shall be paid not less journeyman's hourly rate) specified in the than the applicable wage rate on the wage contractor's or subcontractor's registered determination for the work actually performed. program shall be observed. Every apprentice In the event the Employment and Training must be paid at not less than the rate specified in Administration withdraws approval of a training the registered program for the apprentice's level program the contractor will no longer be of progress expressed as a percentage of the permitted to utilize trainees at less than the journeymen hourly rate specified in benefits in applicable predetermined rate for the work accordance with the provisions of the performed until an acceptable program is apprenticeship program. If the apprenticeship approved. program does not specify fringe benefits, the (ii) Equal employment opportunity. The wage determination for the applicable utilization of classification. If the Administrator determines apprentices,trainees and journeymen under this that a different practice prevails for the part shall be in conformity with the equal applicable apprentice classification, fringes shall employment requirements of Executive Order be paid in accordance with the determination. In the event the Bureau of Apprenticeship and 11246,as amended,and 29 CFR Part 30. Training, or a State Apprenticeship Agency 5. Compliance with Copeland Act requirements. recognized by the Bureau,withdraws approval of The contractor shall comply with the an apprenticeship program,the contractor will no requirements of 29 CFR Part 3 which are longer be permitted to utilize apprentices at less incorporated by reference in this contract. than the applicable predetermined rate for the work performed until an acceptable program is 6. Subcontracts. The contractor or approved. subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other F-28 clauses as HUD or its designee may be 1001. Additionally, U.S. Criminal Code, Section 1 appropriate instructions require,and also a clause 01 0, Title 18, U.S.C. "Federal Housing requiring the subcontractors to include these Administration transaction", provides in in part: clauses in any lower tier subcontracts. The prime 'Whoever, for the purpose of . . . influencing in contractor shall be responsible for the any way the action of such compliance by any subcontractor or lower tier Administration......makes, utters or publishers any subcontractor with all the contract clauses in 29 statement knowing the same to be false..... shall CFR Part 5.5. be fined not more than$5,000 or imprisoned not more than two years,or both." 7. Contract termination;debarment. A breach of the contract clauses in 29 CFR 5.5 may be 11. Complaints,Proceedings,or Testimony by grounds for termination of the contract and for Employees. No laborer or mechanic to whom the debarment as a contractor and a subcontractor wage, salary, or other labor standards provisions as provided in 29 CFR 5.12. of this Contract are applicable shall be discharged or in any other manner discriminated 8. Compliance with Davis-Bacon and Related against by the Contractor or any subcontractor Act because such employee has filed any complaint Requirements. All rulings and interpretations of or instituted or caused to be instituted any the Davis-Bacon and Related Acts contained in proceeding or has testified or is about to testify 29 CFR Parts 1, 3, and 5 are herein incorporated in any proceeding under or relating to the labor by reference in this contract. standards applicable under this Contract to his employer. 9. Disputes concerning labor standards. Disputes arising out of the labor standards B. Contract Work Hours and Safety Standards provisions of this contract shall not be subject to Act. As the general disputes clauses of this contract. used in this paragraph the terms "laborers" and Such disputes shall be resolved in accordance "mechanics"include watchmen and guards. with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes (1) Overtime requirements. No contractor or within the meaning of this clause include sub-contractor contracting for any part of the disputes between the contractor (or any of its contract work which may require or involve the subcontractors) and HUD or its designee,the U.S. employment of laborers or mechanics shall Department of Labor, or the employees or their require or permit any such laborer or mechanic in representatives. any work week in which he or she is employed on such work to work in excess of eight hours in such 10. (i) Certification of Eligibility. By entering work week unless such laborer or mechanic into this receives compensation at a rate of pay for all contract the contractor certifies that neither it hours worked in excess of eight hours in any (nor he or she) nor any person or firm who has an calendar day or in excess of forty hours in such interest in the contractor's firm is a person or firm workweek,whichever is greater. ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act (2) Violation; liability for unpaid wages; or 29 CFR 5.12(a)(1) or to be awarded HUD liquidated contracts or participate in HUD programs damages. In the event of any violation of the pursuant to 24 CFR Part 24. clause set forth in subparagraph (1) of this paragraph,the contractor and any subcontractor (ii) No part of this contract shall be responsible therefor shall be liable for the unpaid subcontracted wages. In addition, such contractor and to or firm ineligible for award of a Government subcontractor shall be liable to the United States contract by virtue of Section 3(a) of the Davis- (in the case of work done under contract for the Bacon Act or 29 CFR 5.12(a)(1)or to be awarded District of Columbia or a territory,to such District HUD contracts or participate in HUD programs or to such territory), for liquidated damages. pursuant to 24 CFR Part 24. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, (iii) The penalty for making false statements is including watchmen and guards, employed in prescribed in the U.S. Criminal Code, 18 U.S.C. violation of the clause set forth in subparagraph F-29 (1) of this paragraph, in the sum of $10 for each shall be responsible for compliance by any calendar day on which such individual was subcontractor or owner tier subcontractor with required or permitted to work in excess of eight the clauses set forth in subparagraphs (1) hours or in excess of the standard workweek of through(4)of this paragraph. forty hours without payment of the overtime wages required by the clause set forth in sub C. Health and Safety paragraph(1)of this paragraph. (1) No laborer or mechanic shall be required to (3) Withholding for unpaid wages and work in liquidated surroundings or under working conditions which damages. HUD or its designee shall upon its own are unsanitary, hazardous, or dangerous to his action or upon written request of an authorized health and safety as determined under representative of the Department of Labor construction safety and health standards withhold or cause to be withheld, from any promulgated by the Secretary of Labor by moneys payable on account of work performed regulation. by the contractor or subcontractor under any such contract or any other Federal contract with (2) The Contractor shall comply with all the same prime contract,or any other Federally- regulations issued by the Secretary of Labor assisted contract subject to the Contract Work pursuant to Title 29 Part 1926 (formerly part Hours and Safety Standards Act which is held by 1518) and failure to comply may result in the same prime contractor such sums as may be imposition of sanctions pursuant to the Contract determined to be necessary to satisfy any Work Hours and Safety Standards Act. (Public liabilities of such contractor or subcontractor for Law 91-54,83 Stat 96). unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) (3) The Contractor shall include the provisions of this paragraph. of this Article in every subcontract so that such provisions will be binding on each subcontractor. (4) Subcontracts. The contractor or The Contractor shall take such action with subcontractor shall insert in any subcontracts the respect to any subcontract as the Secretary of clauses set forth in subparagraph (1)through (4) Housing and Urban Development or the of this paragraph and also a clause requiring the Secretary of Labor shall direct as a means of subcontractors to include these clauses in any enforcing such provisions. lower tier subcontracts. The prime contractor 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. F-30 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE I 1 08/25/2023 2 10/13/2023 ASBE0022-001 07/03/2023 Rates Fringes Insulator/asbestos worker (includes application of all insulationg materials, protective coverings, coatings and finishing to all types of mechanical systems) $ 28.35 16.02 * BRTX0001-009 06/01/2023 Rates Fringes BRICKLAYER $ 27.55 3.54 CARP2484-001 01/03/2000 Rates Fringes MILLWRIGHT $ 19.72 3.73 SHEE0054-001 04/01/2020 Rates Fringes Sheet metal worker (Including HVAC Duct work) $ 29.70 13.85 * SUTX2000-003 02/11/2000 Rates Fringes ELECTRICIAN (Including Low Voltage wiring) $ 15.20 ** 0.40 LABORER Common $ 10.00 ** PIPEFITTER (Including HVAC work) $ 13.20 ** 0.34 Power Equipment Operator CRANE $ 15.20 ** 0.40 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 "General Decision Number: TX20230061 10/13/2023 Superseded General Decision Number: TX20220061 State: Texas Construction Type: Heavy Counties: Hardin, Jefferson and Orange Counties in Texas. HEAVY CONSTRUCTION PROJECTS (Industrial and Processing Plants, and Refineries) Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an . The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. If the contract was awarded on . Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract. contract is not renewed or . The contractor must pay all extended on or after January covered workers at least 30, 2022: $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2023. 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 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and 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 employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT-PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled PORT ACRES WASTE WATER IMPROVEMENT 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 drainage improvements. 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 PORT ACRES WASTE WATER IMPROVEMENT Drawings dated MAY 2023 D. BASIS OF PAYMENT. All work outlined in Paragraph A. above, and shown on PLANS listed in Paragraph B. above, is included in items of BID for which unit prices are shown. and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEOUENCE OF WORK. City reserves the right to schedule sequence of construction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental Items shown in SECTION D — BID SCHEDULE. 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 H-4A 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 SCHEDULE. 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-5A SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a"note"occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein,or both,including all labor,materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society H-1B PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner,and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. 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. -t. Waterlines. Reference hubs at turns in line,valves, and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. S. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. H-2B D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections,the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR,the ENGINEER, and the OWNER. F. VARIATIONS DUE TO 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 ogr- 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 I. Pre-stressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. H-4B 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety (90)days after approval of shop drawings,product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 8'/2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 8'/2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form,schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates.No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above H-5B guarantee.Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EOUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction,remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 56 of GENERAL CONDITIONS OF AGREEMENT,the following applies: "Where necessary to take down fences,signs,or other obstructions,replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." H-6B R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or,where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed,place properly worded sign announcing fact to public,with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed. notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. H-7B U. FINAL INSPECTION. When construction is substantially complete as determined and approved by the City Engineer, Contractor and City of Port Arthur representatives will walk through the project from start to end limits to develop a punch list which notes and marks on site work deficiencies. This punch list of work deficiencies will be rectified and completed within thirty (30) calendar days from the date contractor has received the formal written Punch List notice. Failure to repair deficiencies or replace defected materials after thirty 30 calendar days, entitles the Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Retainage. Retainage Payment will only be released when the following are submitted and complied for Closing out of Project: 1. Completion of Punch List. 2. As-Built drawings submittal. 3. Substantial Completion Letter from contractor and Approved by City Engineer. 4. Affidavit of all Labors Paid. 5. Affidavit of all Materials Paid. 6. Certificate of Warranty— City of Port Arthur form signed by Contractor. 7. Contractor's Certificate and Release- City of Port Arthur form signed by Contractor. 8. Engineer's Certificate of Acceptance- City of Port Arthur Engineer. H-8B SECTION 9 PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the 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 CITY OF 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 , 20_, entered into a formal contract with the CITY OF PORT ARTHUR for ,20 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. 1-1 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., 20v 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 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 , 2000, 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 J-1 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. 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 ,20_. 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. J-2 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-3 SECTION NOTICE OF AWARD NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO.: CONTRACT FOR CONSTRUCTION OF: PORT ACRES WWTP IMPROVEMENTS ******************************************************************************* 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 Port Acres WWTP Improvements The Contract Price of your contract is Amount( ). Work to be performed under this contract is to be completed within calendar days. 4 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 4 sets of Working Documents (Contract Documents, Technical Specifications and Drawings) will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) Calendar days of the date of this Notice of Award, that is by , or by the first working day thereafter. 1. You must deliver to the ENGINEER 6 fully executed counterparts of the Agreement including all the Contract Documents and Certifications included with the Contract Documents. 2. You must deliver with the executed Agreement the Contract Security(Bonds) as specified in the Advertisement for Bids,General Conditions and Supplemental Conditions. 3. You must deliver to the ENGINEER 2 original Certificates of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees, to be expressly named as additional insureds, in accordance with the General Conditions. NOTICE OF AWARD 1/2 Contruction Firm Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within fifteen (15) calendar days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: City of Port Arthur, TEXAS BY: TITLE: ACCEPTANCE OF AWARD: CONTRACTOR: BY: TITLE: DATE: 2/2 SECTION - NOTICE TO PROCEED', NOTICE TO PROCEED DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO. CONTRACT FOR: PORT ACRES WWTP IMPROVEMENTS ************************************************************************************************ **** Work to be performed under this contract is to be completed within calendar days. You are notified that the Contract Times under the above contract will commence to run on . By that date, you are to start performing your obligations under the Contract Documents. 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) Tom) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: (rrtle) (Date) SECTION INSURANCE AW CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, (A/C,No.Ext): 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. INSRL TYPE OF INSURANCE INSR wvn POUCYNUMBER POUDYEFF PouCYEXP UMITS (MM/DD/YYYIf) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE I I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENII AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY PST LOC $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident) $ AUTOS D AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ /M OFFICEREMBER EXCLUDED? (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under ---- DESCRIPTION OF OPERATIONS below EL 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 SPECIFICATIONS CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT SCOPE OF WORK CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT SCOPE OF WORK This contract covers various upgrades at the City of Port Arthur Port Acres Wastewater Treatment Plant. The following is a brief description of the work which is further detailed in the Bid Proposal, drawings, specifications, and Bid Proposal. The work includes Base Bid Work Items and Additive Alternative Work Items. Additive Alternate Work items can be added in any order or combination. Base Bid Work 1. Development and implementation of a trench safety plan. 2. Installation of an Influent Lift Station(ILS)bypass manifold utilizing City supplied and Contractor supplied components. 3. Replacement of the discharge pipes, fittings,valves and ancillary components for each of the 6 pumps in the Influent Lift Station. 4. Installation of access ladders in the lower level of the ILS dry well including handrail modifications. 5. Repairs to the three existing sluice gates and their operators and ancillary components located at the ILS wetwell and removal and disposal of sand and grit from wetwell. 6. Repair and coating of the existing wetwell vents. 7. Installation of an 8" HDPE bypass on the existing 8"HDPE force main. The bypass main is to allow isolation of the flow into the wetwell and direct it directly to the ILS discharge main downstream of the ILS Bypass Header connection. 8. Abandonment of an existing underground diesel fuel storage tank in compliance with all applicable laws and regulations and installation of an above-ground diesel fuel tank with all necessary components to connect to the existing generator for an operable system. 9. Repair of influent manhole and plugging of an old, abandoned sewer. Additive Alternate Work 1. Replacement of decant valves and piping in the aerobic digester including installation of a concrete pad and removing and dewatering sludge and grit from the digester and disposal at the City of Port Arthur Land Fill. 2. Modifications to the positive displacement blower inlet piping and installation of new exterior mounted inlet air filters including coring through the roof and roofing modifications. 3. Upgrade of an existing concrete truck unloading pad to include retention walls, splash shields, closable manhole drain, and stormwater drainage control. 4. Improvements to the existing limestone plant road. 5. Replacement of the two ILS drywell ventilation fans, duct work, gravity dampers, bird screen and electrical system. 1. Painting and coating of pipe,valves, equipment, and ancillary components. 2. Bypass pumping as required. CITY OF PORT ARTHUR, TEXAS PORT ACRES WWTP IMPROVEMENT CONTRACT TECHNICAL SPECIFICATIONS Technical Specification Table of Contents Item 200 Structural Concrete 200-1 thru 200-8 Item 201 Reinforcement Steel 201-1 thru 201-5 Item 400 Underground Piping Construction 400-1 thru 400-13 Item 600 Underground Construction 600-1 thru 600-9 Item 708 Fiberglass Manholes 708-1 thru 708-4 Item 712 Trench Safety Systems 712-1 thru 712-4 Item 801 Ductile Iron Pipe & Fittings 801-1 thru 801-2 Item 811 Resilient Wedge Gate Valves 811-1 thru 811-2 Item 817 Cement Stabilized Sand 817-1 Item 02534 Hinged Medium Duty Composite Manhole Cover 02534-1 thru 02534-2 Item 03301 Precast Concrete Manholes 03301-1 thru 03301-4 Item 05500 Metal Fabrications 05500-1 thru 05500-13 Item 15120 Check Valves 15120-1 thru 15120-2 Item 15122 Gauges and Meters 15122-1 thru 15122-2 Item 15129 Wall and Floor Penetration Seals 15129-1 200-STRUCTURAL CONCRETE ITEM 200 STRUCTURAL CONCRETE 200.01 - DESCRIPTION This item governs materials, proportioning and mixing,testing, placing,finishing and curing of all plain and reinforced cast-in-place concrete, fibermesh reinforced concrete and prestressedconcrete. The concrete shall be composed of Portland or other hydraulic cement, fine and coarse aggregate, fibermesh, and water, with or without admixtures, conforming to the design and test requirements of this specification. This item excludes lightweight aggregate concrete. 200.02 -QUALITY ASSURANCE A. Materials and work shall conform to the requirements of all standards, codes and recommended practices required in this section. In conflicts between standards, required standards and this specification, or this specification and the local building code, the more stringent requirement shall govern. B. Contractor shall provide at least one person, when requested by the Engineer, who shall bepresent at all times during execution of this portion of the work and who shall be thoroughlytrained and experienced in placing the type of concrete specified and who shall direct all work performed under this section. 200.03 - MATERIALS Ready mix concrete conforming to ASTM C-94 or site-mixed concrete (dry weight 145- 150 pounds per cubic foot.) A. All cement used in any one monolithic placement shall be of the same type and brand. Onlyone brand of each type will be permitted in any one structure unless otherwise authorized bythe Engineer. Only one brand shall be used for exposed concrete. 1. Portland Cement shall conform to ASTM C-150. 2. Blended Hydraulic Cement shall conform to ASTM C-595, excluding Type S and TypeSA. 3. Expansive Hydraulic Cement,Type E-1 shall conform to ASTM C-845-76T. B. Water used in mixing concrete shall be clean and free from injurious amounts of oils, acids,alkalis, salts, organic materials, or other substances that may be deleterious to concrete orreinforcement. C. Aggregate shall conform to ASTM C-33. Nominal maximum size of coarse aggregate shall not be larger than: 1) 1/5 the narrowest dimension between sides of forms, nor 2) 1/3 the depth of slabs, nor 3) 3/4 the minimum clear spacing between individual or bundles or reinforcing bars. D. Fibermesh Reinforcement. Shall be 100 percent virgin polypropylene, fibrillated fiberscontaining no reprocessed olefin materials and specifically manufactured for use as concrete secondary reinforcement. Volume per cubic yard shall equal a minimum of 0.1% (1.5 pounds). 200-1 200-STRUCTURAL CONCRETE CLASSIFICATION TABLE Min. Comp. Max. Water Min. Strength Content Cement Per Class - Type (psi) (1,6) C•Y. (1'2) Slump Range Total Air lbs. of Gallons (in.) * Content 7-day 28-day Water of Water Lbs. Bags (%) /Ib. / Bag Cement Cement A- Structural 2,000 3,000 0.55 6.25 494 5.25 2-1/2 to 4-1/2 2-1/2 to 4- 1/2 Asp - Structural (1) 2,000 3,000 0.50 5.65 423 4.50 7 to 10(1) 3 to 5 B- Slope Protection 1,200 2,000 0.75 8.50 400 4.25 2-1/2 to 4 2-1/2 C- Pipe Blocking --- 1,500 0.97 11.00 282 3.00 3 to 5 3 to 6 D - Seal Slab --- --- --- --- 376 4.00 6 to 8 as needed E - Monolithic Sewer 2,000 3,000 0.55 6.25 564 6.00 4 to 6 3 to 5 F- Prestressed(1) --- 5,000 0.51 5.75 635 6.75 2 to 3 as needed G - Prestressed (5) --- 6,000 0.49 5.50 658 7.00 2 to 3 as needed K- Structural(1) 2,800 4,000 0.45 5.65 564 6.00 3-1/2 to 5 2-1/2 to 4- 1/2 Ksp - Structural (3) 2,800 4,000 0.45 5.00 517 5.50 7 to 10(4) 3 to 5 P- Paving 3,500 4,400 0.45 5.00 564 6.00 3 to 5 2-1/2 to 4- 650(7) 1/2 * All Slump Ranges +1/2 inch Tolerance. Include in maximum water,free water in aggregate minus absorption of aggregate based on a 30-minute absorption period. (1) For concrete placed under water, minimum cement per cubic yard shall be 611 pounds (6.5 bags). (2) Asp and Ksp to contain approved High Range Water Reducing (HRWR) Admixture. (3) Maximum 2-inch slump before additional HRWR Admixture. (4) For pre-stressed concrete, water reducing admixture may be used as needed. (5) Use approved water-reducing and retarding admixtures. (6) Minimum flexural strength at 28 days. 200-2 200-STRUCTURAL CONCRETE E. Admixtures (requiring prior approval of the Engineer) to be used in concrete shall be produced and serviced by established, reputable manufacturers and used in compliance with manufacturer's recommendations. 1. Air-entraining Admixture shall conform to ASTM C-260, and when requested, certification attesting to compliance shall be furnished by the manufacturer. 2. Water-reducing, Set Controlling Admixture shall conform to ASTM C-494 and when requested, a qualified concrete technician employed by the manufacturer shall be available to advise and assist in the use, proportioning and adjustment of concrete mix. 3. Fly-ash or Other Pozzolans used as admixtures shall conform to ASTM C-618. 200.04 -CONCRETE PROPORTIONING The Contractor shall be responsible for the design of concrete mixtures. Concrete shall be proportioned and produced to provide an average compressive strength as provided for herein. (fc = specified compressive strength of concrete). A. Proportioning of concrete for the required fc shall be based on 28-day compressive test shallbe based on laboratory trail batches performed by an independent testing laboratory meeting the requirements of ASTM E-329 and approved by the Engineer, and/or on the basis of fieldexperience, both as set forth in ACI 318-Latest Edition and this specification. The averagecompressive strength used as a basis for selecting the proportions shall exceed the specified F'c as required by ACI 31B. B. Proportions of materials for concrete shall conform to minimum cement content and maximumwater content for various classes as shown on Classification Table. C. Where different materials are to be used for different portions of the work, each combinationshall be evaluated separately. D. Concrete proportions, including water-cement ratio, shall be established on the basis of field experience, or laboratory trial batches, with materials to be employed, as required herein. E. 1.5 lbs of fiber mesh per cubic yard of concrete, where noted for use on plans, shall be addedto the mixer before placement. Fibermesh is required in all sidewalks. F. Average Strength Reduction After sufficient test data become available from the job, methods of "Recommended Practice for Evaluation of Compression Test Results of Concrete (ACI 214-65)" may be used to reduce the amount by which the average strength must exceed fc . 1. Probable frequency of strength tests more than 500 psi below fc will not exceed 1 in 100; 2. Probable frequency of an average of three consecutive strength tests below fc will notexceed 1 in 100, and; 3. Concrete Classification Requirements Table are met. G. Evaluation and Acceptance of Concrete H. Frequency of Testing. Samples for strength tests of each class of concrete placed each dayshall be taken not less than once a day, nor less than once for each 150 cubic yard of concrete, nor less than once for each 5000 sq. ft. of surface area for slabs or walls. 200-3 200-STRUCTURAL CONCRETE On a given project, if total volume of concrete is such that frequency of testing required would provide less than five strength tests for a given class of concrete,tests shall be made from atleast five randomly selected batches or from each batch if fewer than five batches are used. When total quantity of a given class of concrete is less than 50 cubic yards, strength tests may be waived by the Engineer if in his judgment adequate evidence of satisfactory strength is provided. Average strength of two cylinders from the same sample, tested at 28 days or the specifiedearlier age, is required for each strength test. I. Tests of Cured Specimens. Samples for strength tests shall be taken in accordance with "Method of Sampling Fresh Concrete" (ASTM C-172). Cylinders for strength tests shall be molded and laboratory-cured in accordance with "Method of Making and Curing Concrete Test Specimens in the Field" (ASTM C-31) and tested in accordance with "Method of Test for Compressive Strength of Cylindrical Concrete Specimens" (ASTM C-39). Strength level of an individual class of concrete shall be considered satisfactory if both of thefollowing requirements are met: 1. The average of all sets of three consecutive strength tests equal or exceed required f'c. 2. No individual strength test(average of two cylinders) falls below required fc by more than 500 psi. J. Investigation of Low-Strength Test Results. If any strength test of cured cylinders falls below required fc by more than 500 psi or if test indicate deficiencies in protection and curing, steps shall be taken to assure that load-carrying capacity of the structure is not jeopardized. If the likelihood of low-strength concrete is confirmed and computations indicate that load- carrying capacity may have been significantly reduced, tests of cores drilled from the area inquestion may be required in accordance with "Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete" (ASTM C-42). In such case, three cores shall be taken for each strength test more than 500 psi below required fc. If concrete in the structure will be dry under service conditions, cores shall be air dried (temperature 60 to 80• F, relative humidity less than sixty (60%) percent) for seven (7)daysbefore test and shall be tested dry. If concrete in the structure will be more than superficially wet under service conditions, coresshall be immersed in water for at least 48 hours and be tested wet. Concrete in an area represented by core tests shall be considered structurally adequate if the average of three cores is equal to at least eighty-five(85%)percent of fc and if no single coreis less than seventy- five (75%) percent of fc. To check testing accuracy, locations represented by erratic core strengths may be retested. If the criteria above are not met, and if structural adequacy remains in doubt,the Engineer mayorder load tests for the questionable portion of the structure or take other action appropriate to the circumstances. After concreting is started, it shall be carried on as a continuous operation until placing of a panel or section, as defined by its boundaries or predetermined joints, is completed except as permitted or prohibited by Item 200.07.4. Top surfaced of vertically formed lifts shall be generally level. When construction joints are required,joints shall be made in accordance with Item 200.07.4. 200-4 200-STRUCTURAL CONCRETE All concrete shall be thoroughly consolidated by suitable means during placement and shall be thoroughly worked around reinforcement and embedded fixtures and into corners of forms. 200.05 CURING A. Concrete (other than high-early-strength) shall be maintained above 50• F and in a moist condition for at least the first seven (7) days after placement, except when cured in accordance with 200.06.3. B. High-early strength concrete shall be maintained above 50• F and in a moist condition for atleast the first three (3) days, except when cured in accordance with 200.06.3. C. Accelerated Curing 1. Curing by high pressure steam, steam at atmospheric pressure, heat and moisture, or other accepted process, may be employed to accelerate strength gain and reduce time of curing, with prior approval of the Engineer. 2. Accelerated curing shall provide a compressive strength of the concrete at the load stageconsidered at least equal to required design strength at that load stage. 3. Curing process shall be such as to produce concrete with a curability at least equivalent to the curing method of 200.06.1 or 200.06.2. 4. Supplementary strength tests may be required to assure that curing is satisfactory. TheEngineer may require strength tests of cylinders cured under field conditions to check adequacy of curing and protection of concrete in the structure. D. Cold Weather Requirements 1. Adequate equipment shall be provided for heating concrete materials and protectingconcrete during freezing or near-freezing weather. 2. All concrete materials and all reinforcement, forms, fillers, and ground with which concrete is to come in contact shall be free from frost. 3. Frozen materials or materials containing ice shall not be used. E. Hot Weather Reauirements During hot weather, proper attention shall be given to ingredients, production methods, handling, placing, protection,and curing to prevent excessive concrete temperatures or water evaporation that may impair required strength or serviceability of the member or structure. 200.06 -FORMWORK AND CONSTRUCTION JOINTS A. Design—Contractor shall be solely responsible for the form design for the anticipated work. 1. Forms shall result in a final structure that conforms to shapes, lines, and dimensions of the members as required by the design drawings and specifications. 2. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. 3. Forms shall be properly braced or tied together to maintain position and shape. 4. Forms and their supports shall be designed so as not to damage previously placedstructure. 5. Design of formwork shall include consideration of the following factors: a) Rate and method of placing concrete; b) Construction loads, including vertical, horizontal,and impact loads; c) Special form requirements for construction of shells, folded plates, domes,architectural 200-5 200-STRUCTURAL CONCRETE concrete, or similar types of elements. 6. Forms for prestressed concrete members shall be designed and constructed to permitmovement of the member without damage during application of prestressing force. B. Removal of Forms 1. No construction loads shall be supported on, nor any shoring removed from any part of the structure under construction except when that portion of the structure (in combination with remaining forming and shoring system) has sufficient strength to support safely its weight and loads placed thereon. Sufficient strength may be demonstrated by field-cured test cylinders and by a structuralanalysis considering proposed loads in relation to field-cured cylinder strengths and strength of the forming and shoring system. Such analysis and strength test data shall be furnished by the Contractor to the Engineer when so required. 2. No construction loads exceeding combination of superimposed dead load plus specifiedlive load shall be supported on any unshored portion of the structure under construction,unless analysis indicates adequate strength to support such additional loads. 3. Forms shall be removed in such manner as not to impair safety and serviceability of thestructure. All concrete to be exposed by form removal shall have sufficient strength not to be damaged thereby. 4. Form supports for prestressed concrete members may be removed when sufficient prestressing has been applied to enable prestressed members to carry their dead load and anticipated construction loads. 5. Forms will remain in place a minimum of 72 hours for all conditions except in the following case: Concrete subject to high bending stress and wholly (or almost wholly) reliant on forms for vertical support. Examples: Roof or floor slabs and beams; undersides of sloping surfaces (flatter than 1:1); walkways and platforms; bridge decks and girders. Forms will remain in place a minimum of 4-1/2 days in those areas where no immediate superimposed loading will occur and a minimum of 10 days at all other areas. 6. The early removal of forms (except as noted above) to facilitate the normal progress of work will be permitted only be approval of the Engineer, and in no case less than 24 hours. C. Conduits and Pipes Embedded in Concrete 1. Conduits, pipes and sleeves of any material not harmful to concrete may be embedded in concrete with approval of the Engineer, provided they are not considered to replace structurally the displaced concrete. 2. Except when plans for conduits and pipes are approved by the Structural Engineer, conduits and pipes embedded within a slab, wall, or beam (other than those merely passing through) shall satisfy the following: a) They shall not be larger in outside dimension than 1/3 the overall thickness of lab,wall, or beam in which they are embedded. b) They shall not be spaced closer than 3 diameters or widths on center. c) They shall not impair significantly the strength of the construction. d) Concrete cover for pipes and fittings shall not be less than one and one-half(1-1/2")inches for concrete exposed to earth or weather, nor three-fourths (3/4") inches for concrete not exposed to weather or in contact with ground. D. Construction Joints 200-6 200-STRUCTURAL CONCRETE 1. Where a construction joint is to be made, the surface of concrete shall be thoroughly cleaned and all laitance and standing water removed. 2. Vertical construction joints shall be thoroughly wetted and coated with neat cement grout immediately before new concrete placement. 3. Construction joints not indicated on the design drawings shall be so made and located as not to impair significantly the strength of the structure. 4. Construction joints in floors shall be located near the middle of spans of slabs, beams, orgirders, unless a beam intersects a girder at the middle location, in which case joints in the girders shall be offset a distance equal to twice the width of the beam. 5. Provision shall be made for transfer of shear and other forces through construction joints. 6. Beams,girders, or slabs supported by columns or walls shall not be cast or erected untilconcrete in the vertical support members is no longer plastic. 7. Beams, girders, column capitals, and haunches shall be considered as part of a slab system and shall be placed monolithically therewith. 8. Structures containing liquids shall have all exterior walls and bottom slab joints constructed with water stops and/or seals. When prevention of contamination and/or control of leakage is necessary at exterior or interior wall/slab, water stops and/or seals shall be provided at joints. 9. Horizontal joints in walls less than twelve feet high are not to be located for contraction or expansion, but for construction only. Such horizontal wall joints shall be minimal and asapproved by the Engineer only. Triangular fillet seals should be made on liquid-face when leakage control is necessary. 10. Vertical joints in walls shall be located at points of no shear.Joints shall be constructedwith water- stops and fillet seals where control of leakage is required. 11. Where slabs are cast in two separate lifts, joints are to be staggered. All joints shall belocated at positions of no shear. 12. Longitudinal keys at least one and one-half(1-1/2") inches deep shall be provided in alljoints in walls and between walls and slabs or footings. E. When joints are not indicated on plans, Contractor shall supply shop drawings clearlyindicating all joints in any part of the structures,sequence of pours and time lapse for control 200-7 200-STRUCTURAL CONCRETE of shrinking, for approval by the Engineer. No intermediate joints will be allowed other thanthose on the approved shop drawings without the express approval of the Engineer. 200.07 - PATCHING AND SURFACE FINISH After forms are removed, the Contractor shall remove all concrete fins, projections and form ties. All surfaces which will remain exposed will be inspected by the Engineer and all voids,stone pockets,tie holes, honeycombed and defective areas shall be patched as directed. The patching mortar shall be sand-cement grout with sufficient white Portland Cement added to effect a match with theconcrete surfaces. Areas to be patched shall be clean, free of loose material and dampened before applying grout. The patched areas shall be rubbed before the grout is set hard to blend into adjacent areas. Rub-Finish exposed vertical and battered surfaces from 6-inches below ground surface or from 6-inches below normal water level to top, except for small plinths and similar structures which extend less than 12 inches above finished grade. 200.08 - DEFECTIVE WORK The following defects shall be cause for rejection of placed concrete: A. Voids, rock pockets, honeycombing, and spalled areas which, in the opinion of the Engineer,cannot be satisfactorily repaired, will affect the strength of the structure materially, or will limitthe life of the reinforcement. B. Uneven or bulged surfaces resulting from shifting of the forms during placement or curing. C. Concrete found structurally inadequate after thorough investigation according to Item 200.04.8, Subsections a through c. Upon discovery of any of these defects, the Engineer may declare the structure defective and require the Contractor to remove and replace the portion of the structure affected, at the Contractor's expense. 200.10—PAYM ENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. END OF SECTION 200-8 201-REINFORCEMENT STEEL ITEM 201 REINFORCEMENT STEEL 201.01 -GENERAL This item shall govern deformed reinforcement; plain reinforcement; prestressing tendons; and reinforcement consisting of structural steel, steel pipe, or steel tubing as specified herein. Reinforcement to be welded is indicated on the drawings. Reinforcement of the specified ASTM steel,except for ASTM A-706, shall require a report of material properties conforming to"Reinforcing Steel Welding Code" (AWS D12.1) of the American Welding Society. 201.02 -MATERIALS A. Deformed Reinforcement 1. Deformed reinforcing bars shall conform to one of the following specifications, except asprovided in Section 1.b below. a) "Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement"(ASTM A-615), Grade 60. b) "Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement"(ASTM A-616), Grade 60. c) "Specification for Axle-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-617), Grade 60. d) "Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement"(ASTM A-706). 2. Deformed reinforcing bars shall conform to the following exceptions to the ASTM specifications listed in Section 1.a. above. a) For ASTM A-615, and A-617, yield strength shall correspond to that determined bytests on full size bars. b) For ASTM A-615,A-616, and A-617, bend test requirements for all bar sizes #3 through #11 shall be based upon 180 degree bends of full-size bars around pins with diameters specified in Table 1. If#14 or #18 bars meeting these specifications areto be bent,full-size bar specimens shall be bend tested 90 degree at a minimum temperature of 60• F around a 9db pin without cracking of the bar. However, if#14and #18 bars as used in the structure are required to have bends exceeding 90 deg., specimens shall be bend tested 180 degrees with other criteria the same as for 90degrees. 201-1 201-REINFORCEMENT STEEL TABLE 1 BEND TEST REQUIREMENTS Bar Designation Pin Diameter for Bend Test #3, #4, and #5 3-1/2db #6, #7, and #8 5db #9, #10, and #11 7db #9, #10, and #11 (of Grade 40) 5db 3. Bar and rod mats for concrete reinforcement shall conform to "Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement" (ASTM A-184). 4. Deformed wire for concrete reinforcement shall conform to "Specification for DeformedSteel Wire for Concrete Reinforcement" (ASTM A-496). 5. Welded deformed wire fabric for concrete reinforcement shall conform to "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). B. Plain Reinforcement 1. Plain bars for spiral reinforcement shall conform to the specification listed in Section l.a. (1), (2), or (3) including additional requirements of Section 1.b. 2. Smooth wire for spiral reinforcement shall conform to "Specification for Cold- Drawn Steel Wire for Concrete Reinforcement"ASTM A-82). 3. Welded smooth wire fabric for concrete reinforcement shall conform to "Specification forWelded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185). C. Prestressing Tendons 1. Wire, strands, and bars for tendons in prestressed concrete shall conform to one of thefollowing specifications: a) "Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete" (ASTM A-421). b) "Specification for Uncoated Seven-Wire Stress-Relieved Strand for Prestressed Concrete" (ASTM A-416). c) "Specification for Uncoated High-Strength Steel Bar for Prestressing Concrete"(ASTM A-722). 2. Wire, strands, and bars not specifically listed in ASTM A-421, A-416,or A-722 may be used provided they conform to minimum requirements of these specifications and do nothave properties that make them less satisfactory than those listed in ASTM A-421, A- 416, or A-722. 201-2 201-REINFORCEMENT STEEL D. Structural Steel, Steel Pipe, or Tubing 1. Structural steel shall conform to one of the following specifications: a) "Specification for Structural Steel" (ASTM A-36). b) "Specification for High-Strength Low-Alloy Structural Steel" (ASTM A-242). c) "Specification for High-Strength Low-Alloy Structural Manganese Vanadium Steel"(ASTM A-441). d) "Specification for High-Strength Low-Alloy Columbium-Vanadium Steels of Structural Quality" (ASTM A-572), Grade 60. e) "Specification for High-Strength Low-Alloy Structural Steel with 50,000 psi Minimum Yield Point to 4 in. Thick" (ASTM A-588). 2. Steel pipe or tubing shall conform to one of the following specifications: a) Grade B of "Specification for Pipe, Steel, Black and Hot-Dipped, Zinc- Coated,Welded and Seamless" (ASTM A-53). b) "Specification for Cold-Formed Welded and Seamless Carbon Steel StructuralTubing in Rounds and Shapes" (ASTM A-500), Grade B. c) "Specification for Hot-Formed Welded and Seamless Carbon Steel StructuralTubing" (ASTM A-501). 201.03 -SIZES AND WEIGHTS The nominal sizes and areas, and the theoretical weights of deformed bars shall not be less than the current standard of the Concrete Reinforcing Steel Institute. 201.04 - BENDING Bending of deformed reinforcement bars shall conform to Section 7.3 — Bending of ACI 318 latest version. Reinforcement bars shall be bent cold to the shapes indicated on the plans. All bending ofhard grade new billet and rail steel bars shall be done in the shop; other grades shall preferably bebent in the shop. Bends shall be made around pins;the diameter of pins shall be not less than four (4) times the minimum thickness of the bar. Heating for bending shall be employed only when authorized specifically. 201.05 -STORAGE Reinforcement shall be stored above the ground surface upon skids, platforms, or other supports,and shall be protected from mechanical injury and from deterioration by exposure to the weather.When placed in the work,the reinforcement shall be free from dirt, loose rust, scale, paint, oil, or other foreign material. 201.06 -SPLICES Splices of deformed reinforcement bars shall conform to Section 12.14 — Splices of Reinforcement of ACI 318 latest version. No splices of bars, except when shown on the plans, will be permitted except upon the written approval of the Engineer. Splices which are permitted shall have a length of not less than that required by the ACI Code, and shall be well distributed or else located at points of low tensile stress. The spacing 201-3 201-REINFORCEMENT STEEL between bars shall meet the recommendation of the ACI Code for anchorage bond and placing concrete. Where welded splices may be required, they shall conform to AWS D 12.1 "Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connections in Reinforced Concrete Construction." Welded splices shall develop in tension at least 125% percent of the specified yield strength of thereinforcing bar. Splices shall transfer the entire computed stress from bar to bar without exceedingthree-fourths of the permissible bond. Welded wire fabric shall be lapped not less than two mesh,i.e., the length of the lap shall be at least equal to the spacing of wires parallel to the lap. Bars shall be rigidly clamped or wired at all splices in a manner approved by the Engineer. 201.07 - REJECTION Reinforcement may be rejected for failure to meet any of the requirements of this specification onaccount of any of the following: A. Reinforcement exceeding the allowable variations in size or weight. B. Reinforcement with bends not in conformity with the details. C. Reinforcement with a coating of dirt, loose rust, scale, paint, oil, or other foreign substance at the time of placing in the work. ITEM 201-REINFORCEMENT STEEL D. Twisted bars. 201.08 - DETAILING A. Completely detailed shop drawings and schedules shall be submitted by the Contractor for approval of the Engineer in accordance with requirements specified for working drawings. B. The bars shall be supplied in lengths which will allow them to be conveniently placed in the work and provide sufficient lap at joints. Dowels of proper length, size, and shape shall be provided for tying walls, beams, floors, and the like together where shown, specified, or ordered. C. Steel reinforcement shall be of the type and size, cut to lengths, and bent to shape as indicated on the plans. Where dimensions of hooks are not shown, the diameter of the hook shall equalsix (6) times the bar diameter for bar sizes #3 through #8 and 8 times for #9, #10 and #11, with a straight length of bar at the end of the hook equal to four (4) times the bar diameter, or 2-1/2"minimum, whichever is greater. 201.09 - PLACING REINFORCEMENT Placement of deformed reinforcement bars shall conform to Section 7.5 — Placing Reinforcement ofACI 318 latest version. Reinforcement, before being placed, shall be thoroughly cleaned of mill and rust scale and of coatings that will destroy or reduce the bond with the concrete. When there is a delay in concreting operations and the reinforcement has been in place in excess of two(2)days, it shall be re-inspected and, when necessary, cleaned. Metal reinforcement shall be accurately positioned and dimensioned in accordance with the plansand specifications. The bars and mesh shall be tightly secured against displacement by using annealed wire of not less than No. 16 gauge and suitable clips at intersections. The reinforcementshall be supported in a manner that will keep all metal 201-4 201-REINFORCEMENT STEEL away from the interior surfaces of forms, or the surface against which the concrete is placed, in accordance with the "clear" dimensions as shown on the plans or as specified single layer reinforcement in slabs shall be placed at mid-depth unless otherwise dimensioned in plans. Nails shall not be driven into the outside forms to support reinforcement, nor shall any other devicefor this purpose come in contact with outside form, except that wood strips shall be inserted between the reinforcement and the forms at intervals to maintain the required clear distances between the reinforcement and the outside surfaces of the concrete.These wood strips shall be pulled up andremoved as the level of the concrete rises in the forms. In the case of slabs and beams, metal chairs, spacers, and other metal accessories necessary to provide the required clear distances and proper alignment and spacing between bars shall be used subject to the approval of the Engineer. Precast concrete blocks wired to the reinforcing bars will not be permitted as supports or spacers. 201.10 -CONCRETE PROTECTION FOR REINFORCEMENT Concrete protection of deformed reinforcing bars shall conform to Section 7.7 Concrete Protection of Reinforcement of ACI 318 latest version. Concrete cover as protection of reinforcement against weather and other effects is measured from the concrete surface to the outmost surface of the steel to which the cover requirement applies. Where minimum cover is prescribed for a class of structural member, it is measured to the outer edge of the stirrup, ties, or spiral if transverse reinforcement encloses main bars; to the outmost layer of bars if more than one layer is used without stirrups or ties; to the metal end fitting or duct on post-tensioned prestressing steel. Concrete protection of prestressing tendons shall conform to Section 7.7.3 - Prestressed Concrete of ACI 318 latest version. 201.11 - PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. END OF SECTION 201-5 400-UNDERGROUND PIPING CONSTRUCTION ITEM 400 UNDERGROUND PIPING CONSTRUCTION 400.01 - DESCRIPTION This item shall govern the construction of water mains, sanitary sewers, and under drains, complete in place. This item provides for all clearing and grubbing, excavation, tunnelling, sheeting, bracing, embedment, connecting to new or old work, laying, jointing, excluding water, backfilling, tamping,and removal and replacement of street surfaces; and the furnishing of all materials, equipment, tools, labor, and incidentals for complete line construction. Point repairs to existing water or sewer lines are excluded from work under this item,except insofar as the items providing for point repairs may refer to this item. 400.02 - MATERIALS As specified elsewhere in the Technical Specifications.400.03 - SEQUENCE OF WORK All gravity sewer lines shall be laid beginning at the downstream connection to existing facilities. When construction involves a main trunk having lateral or tributary lines, the latter shall not be started until the main trunk has been built to the point of their junction unless otherwise approved by the Engineer. All appurtenances shall be constructed as soon as the pipeline they serve is constructed to their location, rather than constructing them in advance or postponing construction. However, if construction reaches a point requiring installation of an appurtenance for which the materials are not immediately available, upon approval of the Engineer, the Contractor shall provide sufficient space for installation at a later time. The open ends of pipe shall be properly sealed and backfilled. The Contractor shall excavate the trench to finish grade fifty (50')feet to one hundred (100') feetahead of the end of the completed pipeline. No excavation shall be performed farther than three hundred (300')feet beyond the completed pipeline, except for isolated excavations which may berequired to locate existing utilities. These limitations shall not apply to tunnel installations. Each tunnel required by the plans and specifications shall be excavated, lined, and back packed for its entire length before laying pipe through the tunnel. For any tunnels constructed at the Contractor's option, the work sequence shall be as approved by the Engineer. 400.04 - PUBLIC CONVENIENCE AND SAFETY Materials stored about the work shall be so placed,and the work shall at all times be so conductedas to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work,or prevent free access to all fire hydrants;water and gas valves; manholes for telephone, telegraph, signal, or electric conduits; sanitary or storm sewers; and fire alarm or police call boxes in the vicinity. The Contractor shall make provisions by bridges or otherwise at all cross streets, highways, sidewalks, and private driveways for the free passage of pedestrians and vehicles. Where bridging is impractical or unnecessary in the opinion of the Engineer, the Contractor may make arrangements 400-1 400-UNDERGROUND PIPING CONSTRUCTION satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges for the diversion of traffic. At no time shall more than two (2) blocks be closed to traffic. Where practical, the Contractor shall leave at least two (2)access routes open toany residential or commercial area. If pipeline construction or construction traffic creates a need for dust control, as along dirt streets,the Contractor shall at his own expense perform all necessary sprinkling as directed by the Engineer. The Owner reserves the right to remedy any neglect on the part of the Contractor regarding public convenience and safety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor. In cases or emergency, the Owner shall have the right to remedy any neglect without notice. In either case, the cost of such work done by the Owner shall be deductedfrom monies due or to become due the Contractor. The Contractor shall notify the Engineer and the local street or road department forty-eight (48) hours in advance (excluding Saturdays, Sundays, and holidays) of the closing or obstruction of any street. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. 400.05 - BARRICADES, LIGHTS,AND WATCHMEN Where the work is being performed in or adjacent to any street, alley, or public place, the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights, and dangersignals; shall provide such watchmen; and shall take such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be recentlypainted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain adequate lights at each barricade. A sufficient number of barricades shall be erected tokeep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work at all times from vandalism or related instances. The Contractor shall be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it. Whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providingwatchmen, shall not cease until the project has been accepted by the Owner. 400.06 - PROTECTION AND RESTORATION OF PROPERTY The Contractor shall not enter upon private property for any purpose without previously obtainingpermission from the property owner. The Contractor shall notify the proper representative of any public utility, corporation, company,or individual not less than forty-eight(48) hours in advance ofany work which might damage or interfere with the operation of their facilities along or adjacent tothe work. The Contractor shall be responsible for the preservation of all public and private property along oradjacent to the work, including trees, shrubbery, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; drainage facilities; and all underground or above ground utilities. Anypavement or sidewalks which must be removed shall be replaced according to Sections 400.16 and 400.17. The Contractor shall be responsible for all direct or indirect damage to property of any character resulting from any act, omission, or negligence in execution of the work; from non-execution of thework; or from defective work or materials. When any such damage occurs, the Contractor shall restore the affected property to a condition at least equal to its condition prior to the damage or shall fully compensate the property owner. Such restoration shall be at the Contractor's expense,except for any items specifically 400-2 400-UNDERGROUND PIPING CONSTRUCTION designated in the plans and specifications. The Owner may,upon forty-eight(48) hours written notice(or without notice when a nuisance orhazardous condition occurs), proceed to restore any property damage which the Engineer deemsnecessary. The cost of such,restoration will be deducted from any monies due or to become duethe Contractor under this contract. If the Contractor discovers that existing utilities present obstructions to construction of lines or appurtenances, he shall immediately notify the Engineer. The Engineer will determine without delay whether existing improvements should be relocated, or whether the grade and/or alignment of theline should be changed. When necessary to move services, poles, guy wires, pipelines, or other obstructions, the Contractor will make necessary arrangements with the owner-operator of utilities. The Owner will not be liable for damages on account of delays due to changes made by owner-operator of privately owned utilities which hinder progress of work. The Owner will not be liable for cost incurred in relocating utility service poles, services, and appurtenances(unless specifically designated for payment). 400.07 - CLEARING AND GRUBBING All trees, stumps, brush, roots, logs, rubbish, and other objectionable material in the path of the storm sewer, water line or sewer line shall be removed and disposed of in a manner satisfactory tothe Engineer, without any extra compensation to the Contractor. 400.08 -TEMPORARY SEWER AND DRAIN CONNECTIONS When existing sewers or drains have to be taken up or removed,the Contractor shall take care of all sewage or drainage from these facilities. For this purpose, the Contractor shall provide and maintain, at his own expense, all necessary temporary connections, outlets, diversions, and pumping facilities. The Contractor shall dispose of all drainage and sewage from these facilities until the permanent connections are built and put into use, unless otherwise provided for in thesespeciflcations or as directed by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will beadequately protected. 400-3 400-UNDERGROUND PIPING CONSTRUCTION 400.09 -TRENCH EXCAVATION 1. General. The Contractor shall excavate the trench to finish grade at least fifty (50') feet ahead of pipe laying unless physical conditions make this impractical. Bell holes shall be excavated in advance of pipe laying. If a trenching machine (not a backhoe) is used to excavate the trench for a water line, with Engineers approval, selected loose, fine excavated material may be used in lieu of sand embedment around the pipe. 2. Sewers. The ground shall be excavated by the open trench method to the required depth,line,and grade as indicated on the drawings. Excavated material shall not be removed from thesite of work until backfilling is completed, except by permission of the Engineer. The sides of the trench shall be vertical to a point not less than twelve(12") inches above thetop of the sewer pipe. The sides of the trench shall be between six (6")and eight(8")inchesoutside the pipe for pipe sizes ten(10")inches or less; and between eight (8") inches and twelve(12") inches outside the pipe for sizes larger than ten (10") inches. The bottom of the trench shall be excavated a minimum of four(4") inches below required grade and refilled to grade with thoroughly compacted select material bedding. 3. Water Mains. Trench requirements for water mains shall be the same as for sewer lines. 4. Other Trench Designs. If the specifications for the type of pipe being used contain special trench requirements, those requirements shall be followed in lieu of Subsection 2 or 3 above. 5. Unstable Soils. If unstable material is encountered at the bottom of the trench, the Contractor shall undercut and stabilize the trench with suitable materials such as shell or cement stabilized sand (one(1)sack cement per ton,or Class 1 embedment material in accordancewith Item 500 and at the direction of the Engineer. 6. Locating Intersecting Pities. Before laying a segment of line, the Contractor shall attempt tolocate all utilities which might interfere with the proposed alignment and grade. He shall locate and excavate in advance all water lines, sewer lines, service lines, and appurtenances to which the proposed line will be connected, so that the Engineer can make any necessary adjustments in alignment or grade. The owners of all utilities crossing or closely paralleling the proposed alignment shall be notified in advance of construction. 7. Dewaterinq A. Under no circumstances shall surface water be allowed to flow in the trench. When ground water exists in the trench, the 400-4 400-UNDERGROUND PIPING CONSTRUCTION Contractor shall make attempts to drain it away from the pipe laying area or pump it out of the trench. Where necessary in the opinion of the Engineer, the Contractor shall dewater the trench by the well point method. The Contractor may also use well pointing at his option in other locations. If quicksand or water sand conditions appear in the trench bottom, the Contractor shall undercut the trench and replace it with Class I embedment as follows: Angular, 1/4 to 1-1/2 inch graded stone including crushed stone, crushed shells, slag, cinders, etc. B. Trench Dewaterinq. Trench dewatering is sufficient removal of groundwater to keep anexcavation reasonably dry. This means dry enough to eliminate the need for any special bedding and insure safe installation of the carrier pipe. The groundwater table shall be kept a minimum of two feet (2') below the bottom of the excavation. (1) Well Points. Where well points are used to dewater the trench the maximum allowable spacing shall be six feet(6') center to center. The minimum allowable depth of well points shall be equal to the depth of the excavation plus five feet(5').Well points shall be set deeper if necessary to draw the groundwater down belowthe bottom of the excavation. Well points shall have metal well screens a minimum of two inches (2") in diameter and three feet (3') long. The well screens and risershall be surrounded by filter sand up to the water table and the space above shallbe sealed with clay. Two-inch (2") diameter piezometers shall be installed at 250-foot centers to establish the extent that dewatering is necessary. At least one volume of water shall be ejected from the piezometer and then allowed to recharge prior to each groundwater measurement taken. (2) Deep Wells. Deep wells may be used as a means of trench dewatering provided the following information is submitted to the Engineer for his approval. (a) A certified well draw-down curve prepared by a registered professional geotechnical engineer. Information to be submitted with the draw-down curve shall include the type and classification of the soil to be dewatered,permeability of soil,and all information necessary for preparing curve. (b) Proposed well construction details including size of casing, type of pump, depth of well, filter material, screen details, and all other details necessary for well construction. 400-5 400-UNDERGROUND PIPING CONSTRUCTION (c) The rate of draw down of the groundwater table. Two inch (2") piezometers shall also be installed in the same manner as forwell points to measure the groundwater table. The Engineer will use the draw-down curve submitted above along with the groundwater table elevations to determine the maximum allowable spacing of the deep wells. (3) Other Methods. Other methods of trench dewatering may be used provided priorapproval has been obtained from the Engineer. C. Dewatering of Tunnels. All tunnels and access pits shall be kept free of groundwater and surface water at all times. Method to be used shall be as approved by Engineer. Any cost incurred for dewatering of tunnels and access pits shall be included in the cost of installing the tunnel liner with no extra compensation. D. Settlement. Prior to performing any dewatering, the Contractor shall take all necessaryprecautions to insure that the dewatering operation does not cause structures near theexcavation to settle. 400.10 -SHEETING AND BRACING The Contractor shall provide all sheeting and bracing necessary for the protection of the work, employees, or any existing utilities or structures. No such sheeting shall be removed from below the spring line of the pipe after the pipe has been backfilled to this level. In the event, the soil conditions are such that the Contractor should desire to leave such sheetingabove the spring line in place, he shall secure the permission of the Engineer to do so. The cost of any necessary sheeting or bracing, whether left in place or removed, shall be included in the unit price of the pipe being laid. 400.11 - LAYING PIPE The Engineer will establish such general reference points and construction stakes as in his judgment will enable the Contractor to proceed with the work. The Contractor will be responsible for the layout of the work from these stakes and will protect and preserve the established reference points and construction stakes and will make no changes or relocations without prior written approval. He will report to the Engineer whenever any reference point or construction stake is lostor destroyed or requires relocation because of necessary changes in grades or locations. The Contractor will replace and accurately relocate all reference points and construction stakes so lost, destroyed, or moved. All pipe lines must be laid in a straight line, unless otherwise shown on the drawings, and with theflow line of the pipe accurately placed to the grade and alignment fixed by the Engineer. A joint shall be located within two (2) pipe diameters (thirty (30") inches maximum) outside the 400-6 400-UNDERGROUND PIPING CONSTRUCTION walls of each proposed manhole or junction box, both upstream and downstream. Joints shall also beplaced near other rigid connections, or near the ends of pipe casings, when recommended by themanufacturer or by the appropriate ASTM specification. No variation from true and even grade, alignment, and invert will be permitted except to avoid existing underground main service lines of utilities, and then only upon the written permission of the Engineer, signed by him personally, should he find such deviation to be desirable and not detrimental to the pipe line. All pipes shall be laid with the spigot-end or tongue end downstream entering the bell or groove tofull depth. Care shall be taken in placing pipe to prevent any earth being dragged into or left in theannular space for sealing of the joints. After the trench has been carefully graded and all bell holes excavated,the trench must receive the approval of the Inspector before any pipe is placed therein. Each piece of pipe shall be examinedfor defects and cut to the correct lengths.The interior surface and the bell and spigot shall be thoroughly cleaned of all foreign material prior to placing same in the trench in an approved manner. The pipe, valves, fittings, etc., shall be adjusted so as to be at their proper locations and then each spigot properly fitted into position. Each length of pipe shall rest on the bottom of the trench throughout its entire length. Joints shall be as specified in the 500 series material technical specifications as provided herein. Instructions for jointing pipes with special couplings shall be in strict conformity with the Manufacturer's printed instructions. If a defective piece of pipe furnished and placed by the Contractor should collapse,the Contractor shall furnish at his expense all labor and materials required for removing and replacing the defective pipe and restoring the street or other surface to its condition prior to the failure of the pipe. All pressure piping shall have thrust blocks installed as designated on the drawings.400.12 - PLUGGING ENDS Before leaving the work for the night, or at any time, any openings in the pipeline shall be securelyclosed with a tight fitting plug. Cost of plugging pipe ends shall be induded with the cost of installing the pipe. 400.13 - PROTECTIVE COATINGS All metal, bolts, and nuts shall receive a protective coating with an asphaltic compound acceptable to the Engineer before backfilling. Surface preparation shall be in accordance with the coating manufacturer's recommendations. 400.14 -TIME OF BACKFILLING Backfilling shall begin as soon as the joints have been completed and all protective coating applied. All open trenches shall be completely backfilled before the work day ends, unless otherwise directed by the Engineer. 400-7 400-UNDERGROUND PIPING CONSTRUCTION 400.15 - BACKFILLING OF TRENCH 1. Lower Portion of Trench (initial backfill). Care shall be taken to see that no dirt clods or trench sides are allowed to fall and/or rest against the pipe prior to completion of the sand encasement. a. Sewer Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six (6") inches below grade), prior to laying the pipe andmaking up the joints. After the pipe has been placed, the backfill around and to a point twelve inches (12") above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical specifications provided herein. b. Water Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six (6") inches below grade), prior to laying the pipe andmaking up the joints. After the pipe has been placed, the backfill around and to a point six inches(6")above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical 1 specifications provided herein. 2. Upper Portion of Trench (final backfill). From the six(6")or twelve(12") inches above the top of the pipe upward, the type of backfill for various locations shall be as follows: a. Concrete or Asphalt Pavement. The trench shall be filled to two (2") inches below the bottom of the existing flexible base (or concrete pavement)with a mixture of clean sandand 1-1/2 sacks of cement per cubic yard. This material shall be placed in layers not more than six (6") inches thick and thoroughly tamped by mechanical or hand tamping,as directed by the Engineer. The Contractor may use, with prior approval from the Engineer, select native material in lieu of the sand-cement mixture. The select native material must be compacted to 90%density as measured by the Standard Proctor Density Test. Cost of testing shall be borne by the Owner. No further backfill is required for concrete pavement. Flexible base shall be replaced to the bottom of the pavement with a compacted base material, consisting of crushed limestone, iron ore gravel, or a sand-shell mixture. This requirement shall apply to all trenches running underneath surfaced streets, whether crossing the pavement or running along the street. b. Unsurfaced Streets. The trench shall be backfilled with selected loose, fine excavated material by means of water tamping or power tamping. The Engineer may require power tamping for heavily traveled streets. In using water tamping, the trench shall be filled to ten (10") inches below the 400-8 400-UNDERGROUND PIPING CONSTRUCTION surface with the loose fine material in even layers not exceeding eighteen (18") inches in thickness of loose material and immediately flooded to complete saturation and left undisturbed for three (3) days. The trench shall then be refilled and flooded again using poles to insure penetration of water to full depth of the trench. This flooding shall continue until there is no further settlement. Power tamping will be permitted only where the trench and backfill material are dry enough to permit satisfactory compaction. Backfill shall be placed in the trench in layers not exceeding twelve(12")inches in thickness. The top ten (10") inches of the trench shall be backfilled with shell or crushed limestone.On completion of the tamping, all of the excavated material shall be substantially replaced in the trench deducting the space occupied by the pipe, bedding, and shell orlimestone. Compaction in all levels from six (6") inches or twelve (12") inches above the top of pipe to ten (10") inches below grade shall be not less than ninety (90%) percent of the maximum density value as determined by the "Standard Laboratory Method for Compaction and Density of Soil, AASHTO Designation T-99". The above procedure for unsurfaced streets shall apply in trenches running in and parallel to and running across the normally maintained portion of the road or street right-of-way. c. Trench Within Right-of-Way, but Outside Pavement. Trenches within the right-of-way of a surfaced street shall be backfilled according to the procedure for an unsurfaced street,except that the shell or crushed limestone in the top ten(10")inches of the trench shall be placed only in driveway crossings, roadway shoulders, and other areas where there will be light traffic. Where the shell is omitted the ground shall be restored to its originalcondition by the replacement of grass or any other improvement which existed before the construction or which are shown on the plans to be constructed. d. Trenches Away from Streets. Whenever the trench is not in a street but in an easementor plant area, which is not traveled,the backfill procedure shall be the same as for an unsurfaced street, except that the top ten (10") inches of shell or crushed limestone shall be omitted. 400.16 - REMOVAL AND REPLACEMENT OF STREET OR DRIVEWAY SURFACES OR SIDEWALKS AND INSTALLATION OF NEW SIDEWALKS When any portion of a street, driveway, or parking lot surface must be removed for the installation of lines or appurtenances, the Contractor shall remove and replace the pavement as specified below. 1. Concrete Pavement (with or without asphalt overlay). The pavement shall be removed to adistance not less than twelve inches(12")back from 400-9 400-UNDERGROUND PIPING CONSTRUCTION a firm bank of the trench excavation. The Contractor shall not use equipment to cut trenches in existing pavements which will strike a heavier blow than is usual with a hand pavement breaker operated from an air compressor.The edges of the cut shall be trimmed so as to leave a vertical face of sound, unfractured pavement. If concrete pavement without overlay is encountered, the top three (3") inches shall be saw cut. Replacement of concrete pavement shall be according to the details in the plans. Unless otherwise specified, concrete pavement shall be replaced to its original depth plus two inches. All replaced pavement shall be finished in a neat and workmanlike manner and protected and cured as its nature may require. Any asphalt overlay shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 2. Flexible Base Asphalt Pavement. The pavement and flexible base shall be removed to a distance not less than twelve (12") inches back from a firm bank of the trench excavation. The edges of the cut shall be smooth and vertical. The base shall be replaced to its original depth plus two (2") inches. The surface shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 3. Curb and Gutter. If the Contractor removes any curb and gutter in order to install lines or appurtenances, he shall replace it at his own expense. The replacement curb and gutter shall be similar to that removed, and shall be at least equal in quality. 4. Concrete Sidewalks. The Contractor shall replace at his own expense any concrete sidewalk removed or damaged during line construction. The replacement sidewalk shall be of the same width and thickness as that removed, and shall be at least equal in quality. New sidewalks shall be of the same width, thickness and quality as adjacent sections of replacement sidewalk. 5. Time of Replacement. The Contractor may replace concrete or asphaltic pavement immediately after completion of trench backfilling, or he may wait until the line has passed an exfiltration test. If pavement replacement is not made within seventy-two(72)hours after backfilling, the Contractor shall restore and maintain the roadway at his own expense until the time of replacement. For this purpose, he shall provide enough temporary base material and/or surfacing to bring the roadway up to grade. Curbs, gutters,and sidewalks shall be replaced without undue delay. 400.17 -SPECIAL CROSSINGS 1. Major Streets 400-10 400-UNDERGROUND PIPING CONSTRUCTION a. General. Crossings of major streets shall be made by the open- cut method. The Contractor shall notify the street superintendent for the Owner at least two (2)days prior to beginning construction of crossings. The Contractor shall maintain all necessary barricades, signs, flares and flagmen for traffic protection, and shall restore the site to its original condition. b. Construction Methods. The Contractor shall saw cut the existing asphalt surface full depth a minimum 12" outside the required trench width of the size pipe being installedprior to excavation. After installation of the proposed line,the contractor shall backfill the trench with cement stabilized sand containing 1 1/2 sacks of cement per cubic yard compacted in place. Replacement of asphalt shall be in accordance with Item 400.17. 2. Stream Beds. Where shown on the plans or designated by the Engineer, the Contractor shall encase the line in quick-set concrete as specified in Item 200 (3000 psi, 2" max. aggregate size). The encasement shall extend a minimum of six (6") inches outside the pipe in all directions. The trench shall be dewatered if necessary,and the trench bottom shall be firmenough to prevent settlement of the concrete. 3. Streams and Ditches. Water and sewer lines which cross streams or ditches above the flowline shall be constructed according to the plans, or as directed by the Engineer. 4. Crossings (or Parallel Construction) of Water and Sewer Lines. All crossings or parallel construction of water and sewer lines shall conform to section 290.44 Water Distribution, ofChapter 290, Rules and Regulations for Public Water Systems as adopted by the Texas Water Commission, effective March 1, 1993. These requirements shall apply whether the water line, the sewer line, or both are new construction. 5. Casing Section. Casings shall be steel pipe,coated on the outside with coal tar epoxy (20 mil minimum thickness). Minimum thickness shall be 1" for I.D. less than 24", 5/16"for I.D. 24"and larger.The diameter(if not specified in plans and specifications) shall be sufficient to allow installation of the carrier pipe (including joints). Any joints in casing shall be welded. Casing may be installed by trenching except where boring is specified. Boring shall be in accordance with the latest Texas State Department of Highways Standard Specifications, unless otherwise specified. 400.18 - EXCESS EXCAVATION Excess excavation shall be hauled to and placed on properties designated by the Owner. Once each week the Contractor shall spread the deposited excavation at the site as directed by the Owner. 400-11 400-UNDERGROUND PIPING CONSTRUCTION If no site is designated by the Owner, then it shall be the responsibility of the Contractor to disposeof this material in a safe and legal manner. 400.19 -INFILTRATION AND/OR EXFILTRATION AND TESTING Infiltration and/or exfiltration in gravity sanitary sewer lines shall not exceed two hundred (200) gallons per inch of diameter per day per mile of pipe. Sewer lines shall be tested for exfiltration according to Item 450 of these specifications. Water lines shall be sterilized and tested in accordance with applicable specifications.400.20 - CLEAN-UP The Contractor shall remove from the work site all temporary structures,rubbish,and waste material including all excess excavated materials. The completed clean up shall not be greater than one thousand (1000')feet behind the pipe laying operation. Pipe laying operations will be suspendedtemporarily if completed clean up is further behind than one thousand (1000') feet. Clean-up requirements shall also apply to any public or private property used by the Contractor forconstructing the project, such as temporary storage or field office sites. 400.21 - PAYMENT Pipe will be measured by the linear foot of pipe complete in place. Such measurement will be made between the ends of the pipe barrel along the center axis as installed. The cost of connecting bands or couplings, as in the case of asbestos cement pipe, shall be included in the unit price of pipe.Special fittings,such as tees,bends, etc., which have unit cost set up in the Bid Proposal shall bededucted from the total length of pipe. When pipe is to be paid for according to depth,the depth will be measured from natural ground tothe invert of the pipe. Measurements will be taken at 200-foot intervals,or more often if the terrain requires it. Those materials, i.e. sand, 60/40 mix and cement stabilized material used in the bedding and backfill and which are required by Item 400, Item 500 or by the specifications of the pipe manufacturer will not be pay items. The cost of materials and installation will be included in the price bid per linear foot for pipe. All special embedment materials as described in 400.9.7 if ordered by the Engineer shall be paid for at the unit price bid per cubic yard based on quantities taken from truck tickets. Pipe construction will be paid for according to the applicable unit bid prices as follows: Water or sewerline(general) Linear foot of specified size, type and depth or other classification. Water or sewerline embedded in Same as general, embedment will be a concrete separate pay item. Unit price for pipe per linear foot in Pipe laid in tunnels and casing tunnel or casing. 400-12 400-UNDERGROUND PIPING CONSTRUCTION The following items will be paid for at the appropriate unit price,where shown on the bid proposal. Otherwise, no separate payment shall be made. Tunnel or casing installation Unit price bid per lineal foot for tunnel or casing. Dewatering of trenches by well point Unit price bid per linear foot of trench if Engineer gives prior approval. No separate payment forother dewatering methods. Replacement of sidewalks, driveway cuts. Unit price bid per linear foot.and placement of new sidewalks Replacement of street surfacing Unit price bid per linear foot for type of street. Manholes and prefabricated bends Unit price bid per each. Bends will be included with pipe footage and will not be a separate pay item. Access pits for tunnels, shoring payment shall be made for the following of pits, furnishing and installing work in connection with tunneling and of liner or casing, backpacking, casing. grouting, lighting,ventilation, and disposal of excavated material. END OF SECTION 400-13 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES ITEM 600 UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES 600.01 - Description Underground construction of water and sewer pipes includes all preparation of site, clearing, grubbing, excavation, street surface removal, boring, tunneling, dewatering, sheeting, bracing, bedding, laying and joining of pipe, backfilling, installation of fittings and manholes, testing, and cleaning up of the site. The work concludes furnishing of all materials, equipment, tools, labor and all other incidentals to complete the construction. Item 600 shall not be mistaken for the Street Construction Specifications for the Public Works Department, Engineering Division of the City of Port Arthur. 600.02 - Sequence of Work The CONTRACTOR shall make adequate planning and preparation before excavation starts. CONTRACTOR shall notify the Water Utilities Engineer before beginning work. They shall pursue the job in an orderly fashion. The construction shall start with mains and proceed to laterals. All appurtenances shall be constructed as soon as the pipe line they serve is constructed to their location. The construction of appurtenances may be postponed upon approval of the ENGINEER and determination that the circumstances were beyond the control of the CONTRACTOR. A sufficient space as determined by the ENGINEER, shall be provided for proper installation at a later time. 600.03 - Site of Work The OWNER will furnish the site, easements, or any right of way considered necessary by the ENGINEER. If CONTRACTOR needs more working area, they shall make their own arrangements and indemnify the OWNER from any damages or claims. 600.04 - Protection of the Public The CONTRACTOR shall make any provisions necessary to protect the public from inconveniences and dangers caused by the construction. Storage and stringing of the material, equipment and excavation shall be done in a manner to cause minimum obstruction and inconvenience to the traffic and the property owners along or adjacent to the construction site. Fire Hydrants, water meters, water valves, gas valves, manholes, catch basins, and boxes for telephone, signal, and alarms shall not be obstructed or covered. The CONTRACTOR shall make bridges or other provisions and arrangements approved by the ENGINEER to give access to the public across streams, highways, streets, sidewalks, and driveways. When required CONTRACTOR is to construct temporary bridges.Their responsibility for accidents shall include the roadway approaches and the structures of such crossings. The OWNER reserves the right to remedy any neglect by the contractor about the public conveniences and safety which may come to its attention. After twenty-four hours of notice in writing to the CONTRACTOR, except in cases of emergency, when they shall have the right to remedy any neglect without notice, and, in either case, the cost of such work done by the OWNER shall be deducted from monies due or because of the CONTRACTOR. 600.05 - Handling of Traffic The CONTRACTOR shall make provisions necessary to handle,direct, and divert the traffic. Notify the Public Works Department, Transportation Division of the City of Port Arthur of any change in traffic flow at least forty-eight (48) hours in advance. 600-1 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES If diversion of traffic requires construction of a temporary roadway, the CONTRACTOR shall make all arrangements at their own cost and to the approval of the ENGINEER and the Public Works Department, Transportation Division. If a street needs closing, the department shall be informed forty-eight (48) hours before closing, and also after opening street to traffic. Adequate signs to divert the traffic shall be used as directed by the Public Works Department, Transportation Division. The CONTRACTOR shall make every attempt to save traffic signs and also traffic boxes, cables and lights. If any of these appurtenances need to be removed or moved accidentally, the Public Works Department, Transportation Division shall be informed immediately. 600.06 - Barricades, Lights, and Guard(s) Where the work is in or adjacent to any street, alley, or public place, the CONTRACTOR, at their own cost and expense, furnish and build such barricades, fences, lights and danger signals; shall provide such guard (s) and shall take such other precautionary measures for the protection of persons or property and of the work necessary. Barricades shall be recently painted in a color that will be visible at night. From sunset to sunrise the CONTRACTOR shall furnish and maintain adequate lights at each barricade. Enough barricades shall be built to keep vehicles from being driven on or into any work under construction. The CONTRACTOR shall furnish guard (s) in sufficient numbers to protect the work. The CONTRACTOR shall be responsible for all damage to the work because of failure of barricades, signs, lights and guard (s) to protect it, and whenever evidence found of such damage, the ENGINEER may order the damage portion immediately removed and replaced by the CONTRACTOR at the CONTRACTOR'S cost and expense. The CONTRACTOR'S responsibility for the maintenance of barricades, signs and lights, and for providing guard (s), shall not cease until the project is accepted by the OWNER. Barricades, signs, and handling of traffic shall be in agreement with the Manual on Uniform Traffic Control Devices as adopted by the Texas Highway Department, and as directed by the Public Works Department, Transportation Division of the City of Port Arthur, all in agreement with these specifications. A copy of the manual is available for review without charge at the Traffic and Transportation in City Hall. 600.07 - Protection of Utilities The locations of utilities are not shown on the plans. The CONTRACTOR shall inspect the route of the construction during the bidding period to check the location of such utilities, and possibility of any conflict. Whenever existing utilities present obstructions to grade and alignment of pipes or appurtenances, the CONTRACTOR will notify the ENGINEER, who without delay, will determine whenever existing improvements are to be relocated or grade and alignment of pipe to be changed. When necessary to move services, poles, guy wires, pipelines, or other obstructions, the CONTRACTOR will make necessary arrangements with owner-operator of utilities. The OWNER will not be liable for damages because of changes made by the owner operator of the utility which hinders progress of work, nor will the OWNER be liable for cost incurred in relocating utilities service poles, services and appurtenances. The CONTRACTOR shall make any provision necessary to protect all utilities, services, and appurtenances. They shall locate and inform the owner-operator of a utility at least forty-eight (48) hours before progressing to such utility. It is the responsibility of the CONTRACTOR to provide and install all beam span supporting, bracing, shoring, and sheeting necessary to support all utilities crossed at their own expense. 600.08 - Protection of Private Property The CONTRACTOR shall not enter upon private property for any purpose without having previously obtained permission from the OWNER. The CONTRACTOR shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, 600-2 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES pavement, driveways, sidewalks, buildings, and service lines in or adjacent to private property. If a private property owner has a complaint, the CONTRACTOR shall take immediate action to satisfy the property owner. 600.09 - Preparation of the Site and the Route The CONTRACTOR shall make all preparation necessary before excavation starts.The construction site and or the route which the pipe will be laid in shall be cleared and grubbed before pipe laying.All trees, stumps, brush, roots, logs, rubbish and other objectionable material shall be removed and disposed of in a manner approved by the ENGINEER. Burning and or hauling of the material shall be executed in compliance with ordinances of the City of Port Arthur, County of Jefferson, or any other governmental body. If work is proceeding through a utility easement, care shall be taken to clear all the proposed easement as specified above. CONTRACTOR shall prepare the site furthermore by establishing drainage along the route if necessary, filling up holes, and generally leveling the site and or the route. The purpose is to keep the surface water away from the trench for pipe. 600.10 - Protection of Street and Drainage The CONTRACTOR shall make all attempts to keep streets and drainage open. Streets should be kept as clean as possible and mud scraped often as required and dust watered down if requested by the Engineer. Drainage ditches shall be kept open and if filled by the CONTRACTOR, they shall be reopened before the crew leaves the site at the end of a working day. If in the opinion of the ENGINEER the street needs to be closed, the CONTRACTOR shall inform the Public Works Department, Transportation Division and the residents being affected at least forty-eight (48) hours in advance. Attempts should be made to give temporary access to the residents of the blocking being affected. CONTRACTOR should attempt to minimize the duration of street closing by proper planning of the work and arranging for all the required material, equipment, and personnel. However, since the safety of the public is more important than the inconveniences imposed on, the CONTRACTOR should keep a closed street unpassable to through traffic and not open it until it is safe for through traffic. If sections of the original pavement or surface are removed by the CONTRACTOR, the trench shall be filled according to the provisions of "ITEM 600.19 and 20". Fill the top layer of the street with limestone temporarily until the street is ready for surface replacement in agreement with "ITEM 600.20 and 21", until the street is ready for final replacement of the surface, CONTRACTOR should keep the street passable for the local residents. The Street Division of the City of Port Arthur makes the final inspection of pavements, streets, shoulders, drainage ditches, and structures related to their department. CONTRACTOR shall correct any problem pointed out by this department. 600.11 -Temporary Sewer and Drainage Connections If existing sewers have to be taken up or removed,the CONTRACTOR at his cost and expense, shall provide and maintain temporary outlets and connections for all private or public drains and sewers. The CONTRACTOR shall also take care of all sewage and drainage which will be received from these drains and sewers; and for that purpose they shall provide and maintain, at their own expense, adequate pumping facilities and temporary outlets or diversions.The CONTRACTOR,at their own expense,shall construct such trough, pipe or other structures necessary, and at all times prepare to dispose of drainage and sewage received from these temporary connections until the permanent connections built and maintained under the contract, except where specified or ordered to be abandoned by the ENGINEER. All water or sewage shall be disposed of satisfactorily so that no nuisance is created and so that the work under construction will be adequately protected. Under no circumstances shall sewage be diverted to a drainaae 600-3 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES ditch,street. or natural ground. 600.12 - Control of Grade and Alignment It is the responsibility of the CONTRACTOR to provide centerline stakes and cuts at each stake and to protect such stakes and control the alignment and grade. The CONTRACTOR may use any device such as level,transit or laser beam instrument to control the pipe laying. If the pipe alignment and grade is incorrect, it shall be taken out. 600.13 -Trench Excavation The ground shall be excavated by the open trench method to the required depth, width, line and grade as given by the ENGINEER. The trench walls shall be vertical to a point not less than 12 inches above the top of the pipe. For all pipes the sides of the trench below the top of the pipe shall be less than 6 inches nor more than 8 inches from the side of the pipe for sizes 12 inches and less, and the pipe outside diameter plus 24 inches maximum trench width for pipe sizes 15 inches and larger. If the trench is excavated below the proper grade, it shall be refilled to grade with selected backfill material and thoroughly compacted without extra compensation, unless the extra excavation was ordered by the ENGINEER. In case of a cave- in and if the trench width is larger than the maximum allowed, selected backfill material shall be placed on sides of the pipe up to the undisturbed wall and compacted. In sewer construction, use 3" of washed sand for final grading/bedding. In sewer and water construction, bell holes must be excavated before pipe placement. 600.14- Locating Intersecting Pipes The CONTRACTOR shall coordinate with 811 before excavation and make attempts to locate intersecting lines ahead of pipe laying. They shall locate and excavate in advance service lines,sewers,and water lines which will be tied into the system under construction. Any pipe line or gas line, underground power lines, fiber optic and telephone cables shall be located with proper notification. 600.15 - Sheeting and Bracing The CONTRACTOR shall provide sheeting and bracing necessary for the protection of the work and employees. In the event the soil conditions are such that the CONTRACTOR should desire to leave such sheeting in place, they shall secure the permission of the ENGINEER to do so. Any cost of such sheeting and bracing shall be included in the unit price of laying pipe. 600.16- De-watering Under no circumstances shall the surface water be allowed to flow in the trench. When ground water exists in the trench,the CONTRACTOR shall make attempts to drain it away from pipe laying area or pump it out of the trench. If quicksand or water sand conditions appear in the trench bottom, the CONTRACTOR shall undercut the trench and replace it with granular material at no extra cost to the OWNER, and with the ENGINEER'S approval. City reserves the right to require the CONTRACTOR to use adequate dewatering and sheeting and bracing if the CONTRACTOR was not installing the pipe properly in unstable soil. 600-4 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES 600.17 - Pipe Handling The CONTRACTOR shall unload, store, and replace pipe according to the specifications of the pipe manufacturer. Care shall be taken not to damage the pipe by impaction or point loading. If using PVC or Truss pipe the pipe shall be kept in the shipping bundle until the day that it will be installed. 600.18 - Pipe Placement The pipe shall be laid straight to the exact alignment and grade as given by the ENGINEER. No variation from the given alignment and grade will be permitted except to avoid existing underground mains, and then only upon the written permission of the ENGINEER. It is important to locate such mains in advance for possible conflict. All pipe shall be laid with the spigot end or tongue end downstream entering the bell or groove to full depth. Care shall be taken in placing pipe to prevent any bedding material being dragged into or left in the annular space for sealing of the joints. The pipe shall be examined for defects, cut to correct lengths, and the interior surface and the bell and spigot thoroughly cleaned of all foreign material. The ENGINEER reserves the right to reject any joint of pipe which has not completely complied with the provisions of these specifications. Any unsatisfactory joint shall be replaced without cost to the OWNER. 600.19 -Jointing and Backfillinq Jointing and backfilling depends on the pipe material. Under each item for a given material,jointing and backfilling provisions are specified. As soon as jointing is completed, backfilling shall start. The trench shall be absolutely backfilled before the working day ends. Backfill material above the required 6 or 12 inch select backfill depends on the location of the line in relation to type of street or pavement. (a) Portland Cement Concrete Pavement and Flexible Base Asphalt Surfaces with curb and gutter, the trench shall be filled to the bottom of the pavement with a dry mixture of clean sand and one and one half (11/2) sacks of cement to the cu. yd., thoroughly compacted. This requirement shall apply to both trenches running along, parallel and under the pavement and in trenches crossing the pavement. (b) Flexible Base Asphalt Surfaces without Curb and Gutter in trench crossing flexible base surfaces with bituminous topping of any type or condition,the trench shall be filled to the bottom of the pavement surface with a dry mixture of clean sand and one and one-half(11/2) sacks of cement to the cu.yd. thoroughly compacted. This requirement shall apply in trenches crossing this type of pavement surface; however, in trench running under and parallel to this type of surface the requirement shall be the same as that specified for dirt streets in (c) below. (c) Unpaved Streets-The trench shall be backfilled with selected excavation of loose fine earth by either of two methods of backfill procedure, water tamping or power tamping. In using water tamping,the balance of the trench above the 6" height above the top of pipe shall be filled with the loose fine material in even layers not exceeding eighteen (18") inches in thickness of loose material and immediately flooded to complete saturation and left undisturbed for three (3) days. The trench shall then be refilled and flooded again using poles to insure penetration of water to the full depth of the trench. This flooding shall continue until there is no further settlement. The top ten (10") inches of the trench shall be backfilled as per standard detail. Power tamping will be permitted only where the trench and backfill material are dry enough to permit satisfactory compaction. Backfill shall be placed in the trench in layers not exceeding twelve (12") inches in thickness. On completion of the compaction, all excavated material shall be substantially replaced in the trench deducting the space occupied by the pipe and bedding. Compaction in all levels from six (6") inches above the top of the pipe to grade shall be not less than 90% of the Maximum density value as determined by 600-5 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES the"Standard Laboratory Method for Compaction and Density of Soil", "AASHO Designation T-99".The top six (6") inches of the trench shall be backfilled with gravel or insitu materials with no fines as per standard detail. The above procedure for unpaved streets shall apply in trenches running in, parallel to and running across the normally maintained portion of the road or street right-of-way. Whenever the trench is not in a street but in an easement or plant area which is not traveled, the backfill procedure shall be the same as for a unpaved street, except for the top six (6") inches, refer to standard detail. Whenever the trench is within a street right-of-way in which there is concrete or flexible base asphalt pavement but the trench is not in the paved portion of the right-of-way, the procedure shall be the same as for the unpaved street, except that the limestone base in the top six (6") inches of the trench shall be placed only in driveway crossings, roadway shoulders and other areas where there will be light traffic. Where limestone base is omitted the ground shall be restored to its original condition by the replacement of grass or any other improvement which existed before the construction. In general, pipe shall be placed in a trench free of clods of dirt and bedded with a bedding material or natural ground free of any large clods to damage the pipe or its position. The material around the pipe up to the spring line shall be compacted to 90% density. 600.20- Removal and Replacement of Street Surfaces The provisions of this item are same as those of Item 121.15 of the Street Construction Specifications for the Public Works Department, Engineering Division of the City of Port Arthur. This work shall comprise the cutting and replacement of pavement where such is necessary for the installation of pipelines or appurtenances under the contract. The work shall include the furnishing of all labor, materials, tools and equipment and doing all work of whatever nature including the hauling and disposal of surplus materials necessary for the removal and later replacement of pavement in agreement with the plans and specifications. Whenever pipe line construction occurs in any street, regardless of type of pavement, the contractor will make every effort to provide ingress and egress to residents living along said streets. No separate items for pavement for removal and replacement of concrete, asphaltic, limestone base or gravel, streets shall be listed. The cost of this work shall be included in the unit cost per foot of pipe line. (a) Concrete Pavement: Concrete pavement shall include streets with a concrete slab, concrete base with topping, and asphaltic pavements with curb and gutter. The CONTRACTOR shall not use equipment to cut trenches in existing pavements which will strike a heavier blow than is usual with a hand pavement breaker operated from an air compressor. The edges of the cut shall be trimmed to leave a vertical face of sound, unfractured, pavement. The pavement shall be removed to a distance not less than twelve (12") inches back from a firm bank of the trench excavation. All concrete for pavement replacement shall meet the requirements for concrete pavements as set out by the OWNER. Replacement of pavement shall be made as per Public Works Department, Engineering Division standard details as shown in the plans. All replacement pavement shall be finished in a neat and workmanlike manner and protected and cured as its nature may require. (b) Streets other than Concrete pavement: Street pavements other than concrete and asphaltic pavements with curb and gutter may be removed with the excavation to the extent of the excavation. After backfilling the trench as specified elsewhere herein, the CONTRACTOR shall replace the pavement to its original condition. 600-6 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES (c) Street surfacing: P. C. Concrete or asphaltic pavement, shall be replaced within 72 hours after completion of trench backfilling or be patched with three inches (3") of temporary asphalt and maintained until permanent replacement is made. 600.21 - Crossings of Driveways, Sidewalks, and Parking Areas In backfilling the trenches which cross under driveways of any type (concrete, bituminous, limestone or dirt), and under concrete sidewalks, the procedure shall be the same as that specified in Item 600.19 Paragraph (a) for concrete pavement which specifies a dry mixture of clean sand and one and one-half (11/2) sack of cement to cubic yard thoroughly compacted. Such backfill shall also conform to provisions of the Public Works Department, Engineering Division Street Construction Specifications of the City of Port Arthur. The CONTRACTOR shall restore driveways and their culverts to their original condition as soon as possible. They shall inform citizens which will be affected by this work before start of work. 600.22 - Highway Crossings Crossings of highways shall be done according to the requirements set forth by the Texas Highway Department as explained in the permit. The City of Port Arthur Water Utilities Department will acquire the permit based on design plan and profile drawings. It is the responsibility of the CONTRACTOR to familiarize himself with the requirements. 6.2 CONTRACTOR shall notify the maintenance superintendent of the Texas Highway Department at least 48 hours before any work starts. Adequate signs, flares, barricades and flagmen shall be used according to the State Highway Standards. Highway shall be restored to its original condition. 600.23 - Railroad Crossings Crossings of the railroads shall be done according to the requirements set by the Railroad Company as explained in the permit.The CONTRACTOR and/or ENGINEER will acquire the permit.The completed permit shall be submitted to the City of Port Arthur Water Utilities Department prior to construction. It is the responsibility of the CONTRACTOR to familiarize himself with the requirements. The CONTRACTOR shall notify railroad roadmaster before crossing railroad at least 48 hours before any work starts. CONTRACTOR shall pay all costs connected with the furnishing by the railroad of foreman and/or crews required by the Railroad Company under the permit for the duration of work done in the railroad R.O.W. 600.24 - Drainage Ditch Crossings Crossings of drainage ditches and canals shall be done according to the requirements set by the authority in charge of the ditch as explained in the permit. The CONTRACTOR and/or ENGINEER will acquire the permit. The completed permit shall be submitted to the City of Port Arthur Water Utilities Department prior to construction. It is the responsibility of the CONTRACTOR to familiarize himself with the requirements. The CONTRACTOR shall notify the authority in charge before crossing ditch or canal at least 48 hours before any work starts. Adequate protection shall be taken to establish drainage back before the working day ends. The CONTRACTOR shall be responsible for any damages caused by the stoppage of drainage. CONTRACTOR shall restore the ditch or canal to its original shape and density as soon as possible. 600-7 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES 600.25 - Pipe Line Crossings It is the responsibility of the CONTRACTOR to locate all pipe lines to be crossed, contact the owner of the pipe line, and make arrangements for crossing such lines. It is best to locate such lines a few hundred feet ahead of pipe laying operation, in order to make revisions in grade or alignment, if they are necessary and approved by the ENGINEER 600.26 - Excess Excavation Excess excavation shall be hauled and placed on properties designated by the Engineer within the City of Port Arthur. If OWNER does not have any use for the excess dirt, the CONTRACTOR at his cost is to make arrangements to dispose of the excess excavation in a manner approved by the ENGINEER. Excavated fine quality soil may be used in the trench above the 6 or 12 inch select backfill. Such portions may also be used on the construction site if they are spread properly as directed by the ENGINEER. Any remaining soil shall be hauled to the designated site or disposed of by the CONTRACTOR. 600.27 - Plugging Ends Before leaving the work for the night, or at any time, the end of the pipe line shall be securely closed with a water tight plug at the entire cost and expense of the CONTRACTOR. 600.28 -Tunneling, Boring, and Casing Requirements for tunneling, boring, and casing depends on the permit issuing agency involved. However, the Water Utilities Department of the City of Port Arthur should concur with the requirement set. In general casings shall have a uniform invert to be accepted for maintenance by the City of Port Arthur. 11 Furthermore, size of the casing shall be at least 6 inches larger than the outside diameter of the bell of the pipe. Whenever a water line or sewer line is too shallow and pipe material is not adequate to withstand the traffic load at street crossings, casing or a rigid pipe such as ductile iron shall be used. An asphalt coated corrugated metal pipe may be used as a casing pipe under streets. 600.29 - Protective Coating All bolts shall receive a protective coating of an asphaltic compound or shall be wrapped with a sand and cement (2 sack cement per 1 cubic yard of sand mixture). 600.30 - Spacing of Sanitary Sewers and Water Lines A. Water Lines Water lines shall be laid as per Texas Commission on Environmental Quality Control (TCEQ) regulations that will be determined on a case by case basis because of physical conditions, precautions shall be taken in securing absolute and permanent tightness of water pipe joints. No water pipe joint shall exist within nine feet (9') of the crossover point. 600-8 600-UNDERGROUND CONSTRUCTION OF WATER AND SEWER PIPES B. Sanitary Sewer Lines Sanitary sewer lines shall be laid as per Texas Commission on Environmental Quality Control (TCEQ) regulations that will be determined on a case by case basis. Where this requirement cannot meet physical conditions, precautions shall be taken in securing absolute and permanent tightness of the sewer line joints. 600.31 -Testing and Acceptance All water lines shall be flushed, pressure tested, sterilized and tested for bacteria in accordance with TCEQ regulations according to the provisions of Item 809 'Testing and Sterilization of Completed Line' before acceptance for maintenance by the Water Utilities Department of the City of Port Arthur. 600.32 - Cleanup The CONTRACTOR shall remove from site of work, and from public and private property, all temporary structures, rubbish, waste material including all excess excavated materials, and all trees removed. The completed clean up shall not be greater than 1,000 feet behind pipe laying operation, however,this distance shall be reduced in residential areas. Not more than one block can be disrupted for construction. Clean up and testing may be done at the same time but clean up shall not be delayed on the account of testing. Pipe laying operation will be suspended temporarily if completed cleanup is farther behind than 1,000 feet. 600.33 -Agency Requirements to be Met All water and sewer lines installed in City of Port Arthur shall meet the requirements of the Texas Commission on Environmental Quality Control (TCEQ). END OF SECTION I I 600-9 708-FIBERGLASS MANHOLES ITEM 708 FIBERGLASS MANHOLES 1.00 GENERAL 1.01 SCOPE The work included in this section of the Specifications shall consist of providing fiberglass manholes, cast-iron rims, covers, and stainless steel rain stoppers where indicated on the Plans. 1.02 QUALITY ASSURANCE A. Comply with the latest edition of the following standards: 1. ASTM C270, Type M Mortar. 2. ASTM D3753, Glass Fiber-Reinforced Polyester Manholes. 1.03 SUBMITTALS Submit the following information in accordance with the requirements of Section 01300: Contractor's Submittal. A. Record Data Submit record data of detailed drawings showing dimensions, materials, and thicknesses of materials, manufacturer's installation instructions, accessories, fittings, hardware, anchorages, schedule of components, and other pertinent data. B. Certificate of Adequacy of Design. I 2.00 PRODUCTS 2.01 MORTAR Comply with Mortar for Unit Masonry, ASTM C270, for Type M mortar. The cement material used in the preparation of the mortar shall be Portland cement, Type I, normal, or Type II, moderate sulfate resistant. 2.02 CAST IRON FRAMES AND COVERS Frames and slotted covers shall be furnished and installed in accordance with the details on the Plans and shall be East Jordan Iron Works V-1418-2 with City of Port Arthur logo or approved equivalent, unless otherwise shown on the drawings. 2.03 FIBERGLASS MANHOLES A. Fiberglass manholes shall conform to all ASTM standards governing plastic laminations and the latest Glass Fiber-Reinforced Polyester Manholes, ASTM Designation D3753, with supplementary 708- 1 708-FIBERGLASS MANHOLES details or additions as set forth in these specifications. B. The barrel and cone shall each be produced in a continuous manufacturing process which ensures continuous reinforcement and uniform strength and composition. The cone section, if produced separately, shall be affixed to the barrel section at the factory with a reinforced glass- resin joint resulting in a one-piece unit. Field-made joints shall not be acceptable. C. The manhole shall be a circular cylinder with a minimum internal diameter of four feet. The cone of the manhole shall have a bearing surface wide enough to facilitate the placement of concrete adjustment rings. The ring and cover shall not be placed directly on the manhole. D. Provide and install concrete grade rings to bring the cast iron frames to grade. Grade rings shall be 2 inches by 8 inches with an inside diameter of 24 inches. E. Where PVC piping is connected to manholes, provide and install PVC sleeves with rubber gaskets and an abrasive silica outer coating. Sleeve shall be as manufactured by GPK products, Inc., of Fargo, North Dakota, or approved equivalent. Sleeve shall be firmly grouted into manhole opening in accordance with manufacturer's instructions. F. Any manhole shall be rejected for failure to conform with any of the requirements of these specifications. Any manhole found to be defective or damaged resulting from improper handling or installation shall be removed and replaced at no additional expense to the OWNER. Patching shall not be acceptable. 2.04 MANHOLE INSERT A. Manhole inserts shall be furnished and installed at each manhole and shall be a stainless steel Preco Sewer Guard ME C-4 watertight manhole insert or equivalent. B. The manhole insert shall be stainless steel and each of its components, the valve bodies, the valve plugs, the valve springs, and the gasket shall be manufactured of plastic, stainless steel, or other corrosion proof material. C. Each insert shall contain a gasket manufactured of Grade RE-41 black closed cell neoprene and meet the requirements of ASTM D-1056-73T. The gasket shall have a pressure sensitive adhesive on one side and be placed on the underside of the insert rim by the manufacturer. D. Each insert shall have a gas relief valve and a vacuum relief valve each designed to release at a pressure differential equivalent to approximately 1/2 psi and approximately 2.25 psi, respectively. The valve body shall be manufactured of specially formulated plastic polymers and the valve plug shall be neoprene confined within a stainless steel spring. E. The manhole insert shall be manufactured and finished to fit upon the manhole frame rim upon which the manhole cover rests. F. The manhole frame shall be cleaned of all dirt/debris before placing the insert upon the rim. 708-2 708-FIBERGLASS MANHOLES G. The insert lip with gasket shall be placed in contact with 360 degrees of manhole frame rim to retard water seepage between the insert and the manhole frame. H. After the manhole insert has been installed on the manhole frame rim, note that the insert does not come in contact with the cover upon its removal or replacement (flipping). I. After installation of the watertight manhole insert, the seal shall be water tested and shall not allow more than 1-gallon of inflow during a period of 24 hours. 3.00 EXECUTION 3.01 INSTALLATION A. Manhole Base: 1. Inverts shall be built of concrete or half-sections of pipe (unless otherwise shown on the Plans) and shall be true and troweled to a smooth, hard finish. The invert depth shall be equal to one-half of the diameter of the largest pipe connected to the manhole, and shall be sloped at 1:1 between the inlet and outlet pipe flowlines. The top of the poured manhole invert outside of the flow channel shall be steeply-sloped to prevent solids deposition. 2. Concrete and reinforcing steel for the manhole base shall be placed in accordance with the details on the Plans and the applicable provisions of these Specifications. 3. Fiberglass manholes shall be installed in accordance with the manufacturer's recommendation and with supplementary details, addition or exception as directed by the OWNER and/or shown on the Plans. A minimum of 8 holes 5/8-inch in diameter shall be drilled around the periphery of the manholes, 2 inches from the bottom for use in securing the manhole to the concrete base. 4. All concrete used in the construction of fiberglass manhole bases shall have a minimum concrete alkalinity of 70 percent calcium carbonate equivalency in the final concrete product. Alkalinity shall be tested in accordance with methodology set forth in Concrete Pipe Handbook, published by the American Concrete Pipe Association, or equivalent industrial standards, with test results provided to the ENGINEER for record data. B. Provide an adequate connection where the pipe connects to the manhole such that infiltration and exfiltration are prevented from occurring at the connection. When required, manhole adaptors shall be used. If the manhole base is concrete and cast-in-place around the pipe, an adapter gasket shall then be installed such that the gasket will serve as a watertight seal (water stop) between the pipe and concrete. If the manhole base has a pipe fabricated integrally with the manhole, then a manufacturer's recommended adaptor shall then be used to connect the pipe to the manhole pipe. If a"boot type"flexible connection is used, a minimum of two stainless steel straps shall then be used to secure the flexible connector to the pipe. C. Frames and covers shall be furnished and installed as required and indicated on the Plans. D. Use no more than 4 grade rings per manhole. Ring hold down bolts shall pass through rings into the top of the cone. 708-3 708-FIBERGLASS MANHOLES E. Where piping is connected to a manhole, CONTRACTOR shall provide a resilient connector in accordance with ASTM C-923 and the specifications and drawings. Where resilient connectors cannot be made at manhole connections, CONTRACTOR shall ensure that the pipe on each side of the manhole does not extend further than six (6) feet from the outside of the manhole wall or base, and the concrete cradle extends to within one (1) foot of the end of the pipe. F. Where main sewer (lowest line) passes straight through manhole or degree of deflection of main sewer is less than 5 degrees, and no other line or stub-out is shown entering manhole below centerline of main sewer, lay sewer continuous through manhole. After manhole wall sections have been completed above top of sewer, break out and remove top half of barrel of sewer pipe that was previously laid through manhole. Use barrel of sewer pipe that was previously laid through manhole. Use concrete with 1-inch mortar topping and shape floor. Where main sewer (lowest line) alignment deflects greater than 5 degrees at manhole or where another sewer or stub-out enters at or below centerline of main sewer, terminate main sewer pipe laying in such a manner that ends of pipe are 2 inches inside of manhole wall. End of Section I 708-4 712-TRENCH SAFETY SYSTEMS ITEM 712 TRENCH SAFETY SYSTEMS 712.01- General 1. Description: The Contractor shall comply with the minimum requirements of this specification. Maintenance and inspection of any shoring and related equipment shall be the responsibility of the Contractor. Owner and/or Engineer reserve the right to require the Contractor to remove, repair and/or replace any portions of the shoring system deemed unsafe but the final responsibility for worker's safety remains with the Contractor. The Contractor shall determine the safety system needed for the project within the minimum requirements of this specification. The Contractor shall submit to the Owner's Engineer a certified submittal from a Registered professional Engineer from the State of Texas that the Contractor's Trench Safety System meets the minimum requirements of this specification and shall make adjustments as required by the Owner and/or Engineer to meet minimum requirements at Contractor's expense. Approval of a trench safety system by the Owner and/or Engineer shall not relieve the Contractor of his responsibility to provide a safe working place for his employees. The Contractor agrees to hold harmless and defend the Owner and/or Engineer against any claim resulting from failure of the trench system or lack of one. 2. Regulatory Requirements: A. Conform to applicable Occupational Safety and Health Administration (OSHA) Standards as contained in 29 CFR, Part 1926, Subpart P- Excavations(as may be amended) including OSHA "Proposed Rules: Excavations. Federal Register, Vol. 52, No. 72 Wednesday, April 15, 1987, pages 12325-12339." The sections that are made part of these specifications by reference include Sections 1926.652 and 1926.653. B. The Contractor's Trench Safety System shall be designed by"a registered professional engineer" or"a qualified person or a qualified engineer," such a person shall be a Professional Engineer registered in the State of Texas. C. The Contractor's"Engineer"shall develop a specific trench safety system design for the project in general compliance to the requirements set forth by House Bills 662 and 665 of the 70th Legislature, and in accordance with Part 1926.652(c)(4) of OSHA "Proposed Rules." 3. Definitions: A. Angle of Repose: The greatest angle above the horizontal plane at which a material will lie without sliding. B. Bank: A mass of soil rising above a digging level. C. Braces: The horizontal members of the shoring system whose ends bear against the 712-1 712-TRENCH SAFETY SYSTEMS uprights or stringers. D. Excavation: Any man-made cavity or depression in the earth's surface, including its sides, walls, or faces, formed by earth removal and producing unsupported earth conditions by reasons of the excavation. If installed forms or similar structures reduce the depth-to-width relationship, an excavation may become a trench. E. Hard Compact Soil: All earth materials not classified as running or unstable. F. Kickouts: Accidental release or failure of a shore or brace. G. Sheet Pile: A pile, or sheeting, that form one of a continuous interlocking line, or a row of timber, concrete, or steel piles, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials. H. Sides, Walls, Faces: The vertical or inclined earth surfaces formed as a result of excavation work. I. Slope: The angle with the horizontal at which a particular earth material will stand indefinitely without movement. J. Stringers Wales The horizontal members of a shoring system whose sides bear against the uprights or earth. K. Trench: A narrow excavation made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench is not greater than 15 feet. L. Trench Jack: Screw or hydraulic type jacks used as cross bracing in a trench shoring system. M. Trench Shield: A shoring system composed of steel plates and bracing, welded or bolted together, which support the walls or a trench from the ground level to the trench bottom and which can be moved along as work progresses. N. Unstable Soil: Earth material, other than running, that because of its nature or the influence of related conditions, cannot be depended upon to remain in place without extra support such as would be furnished by a system of shoring. 0. Uprights: The vertical members of a shoring system. 712.02 - CONSTRUCTION MATERIALS AND MAINTENANCE 1. Materials used for sheeting, sheet piling, cribbing, bracing, shoring, and underpinning shall be in good, serviceable condition, and timbers shall be sound, free from large or loose knots, and of proper dimensions as called for in the latest revision of OSHA Construction Standards, Subpart P, "Table P-2 - Trench Shoring - Minimum Requirements,"of which is made a part of these specifications. All materials which are found to be defective in any way shall be immediately removed from the job site. It shall be the responsibility of the Contractor to regularly check all trench safety equipment for soundness and adequacy. 712-2 712-TRENCH SAFETY SYSTEMS 2. Steel trench shields shall be constructed of steel plate sides, welded to a steel framework. All shields shall be construction in order to provide protection equivalent to or greater than sheeting or shoring required for the trench. The Contractor shall provide written certification from the manufacturer's engineer to the Owner's Engineer of adequacy before using any trench shield. Adjustable jacks may be used in order adjust the shield to varying trench widths. An access ladder shall be provided at the midpoint. Pipe or flat steel runners or wheels shall be installed under the side walls for ease of movement of the shield during trenching operations. Substantial lifting eyes and/or rings shall be welded at proper points for moving of the shield. For adaptability to deep and shallow trenches, the shield may be made with top and bottom sections. When the sides of the trench extend above the top of the shield, a reinforced roof with hatches shall be provided. Forced ventilation shall be provided for fully-enclosed shields. 3. All maintenance of the trench safety equipment shall be the sole responsibility of the Contractor. 712.03 - IMPLEMENTATION Within fifteen (15) days after the Contract is awarded and prior to beginning any construction, the Contractor shall submit a written plan for a Trench Safety System specifically for construction of trench excavation, together with the general safety program required by OSHA standards governing the presence and activities of individuals in and around trench excavations. Failure to submit a Trench Safety System submittals required may result in forfeiture of the bid bond. The Trench Safety System submittal shall be all inclusive of specific requirements required by OSHA and Owner's Engineer. The Contractor shall provide a trench safety system for all trench excavations which exceed a depth of five feet (5'). The Trench Safety System shall conform to the Occupational Safety and Health Administration (OSHA) standards, latest revision, the same of which is made a part of these specifications, along with the following additions and revisions. The types of trench safety systems currently allowed include shoring, bracing, solid shoring, sloping of the ground, and trench shields. The Contractor may submit an alternative method of trench safety, but may not implement until a sealed submittal by a Registered Professional Engineer from the State of Texas is approved by the Owner's Engineer. Should the Contractor decide to slope the sides of the trench, he shall have the angle of repose of the soil determined by an approved independent soil testing lab. At a minimum, the Contractor's design for sloping of the trench sides shall conform to the last revision of OSHA Construction Standards, Subpart P, "Table P-1 - Approximate Angle of Repose for Sloping of Sides of Excavations," which is made a part of these specifications. Soil core samples taken to a depth of at least the depth of the trench plus four feet shall be taken a minimum of every 700 feet. A minimum of two copies of the results of the lab tests shall be provided to the Engineer. The cost of the tests shall be included in the unit price bid for the trench safety system. 1. Each Contractor shall be responsible and liable for his own Trench Safety System, including self inspections, whether or not a project representative is present on the job site. The Contractor shall install additional safety equipment if requested to do so by the engineer. The Engineer's decision shall be final. The cost of additional trench safety equipment required shall be the responsibility of the contractor. 712-3 712-TRENCH SAFETY SYSTEMS 2. Before beginning any excavation, the Contractor shall make an inspection of the job site. He shall pay special attention to the type of soil or soils in which he will be working, any adjacent roads, highways, railroads, and any previous excavations. All underground installations shall be located, including utility lines, pipelines, etc., before any excavation begins. The Contractor shall provide a trench safety system in every trench. The trench safety system shall be installed in a true horizontal position, be spaced vertically and shall be secured to prevent sliding, falling, or kickouts. The trench safety system shall be effective to the bottom of the excavation. All trenches shall be provided with an adequate means of exit at all times with spacings of 25 feet or less. These means of exit shall be anchored in place in order to aid in the event a quick exit is necessary. During trench excavation, the excavated material shall be placed a minimum of two feet (2') away from the edge of the trench. 3. The Contractor shall make an inspection of all trench excavations. He shall check for any evidence of cave-ins, slides, etc. If any change in soil conditions or failure of the trench is found, the Contractor shall remedy such. All water shall be diverted by suitable means to prevent the entrance of same into any excavation. No water shall be allowed to accumulate in any excavation and shall be removed as soon as possible. 712.04 - INDEMNIFICATION 1. The Contractor shall indemnify and hold harmless the Owner, and the Owner's employees, agent and Engineer,from any and all damages, cost(including without limitation, legal fees, court costs, and investigation costs), judgments, or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. These specifications for the trench safety system in no way relieve the Contractor of his responsibilities and liability to ensure the safety of the workers or any other party from the hazards of the construction operations. 2. The Trench safety system plan by the Contractor's Engineer should cover the situations that may be encountered during construction. It should be recognized that information contained in the required Geotechnical report is based on the data obtained from the soil borings and conditions along the line route may differ from those found at the soil boring locations. It is the 4 Contractor's responsibility to detect varying conditions which may be hazardous and take appropriate action. 3. The Contractor is responsible for determining the appropriate trench safety systems necessary for specific locations based on actual subsurface conditions encountered during construction. The Owner and Owner's Engineer shall be held harmless from any claim or liability for injury or loss that results from failure on the part of the Contractor to implement the Trench Safety System plan properly or to make necessary changes to the trench safety systems necessitated by conditions encountered during construction. END OF SECTION 712-4 801-DUCTILE IRON PIPE&FITTINGS ITEM 801 DUCTILE IRON PIPE&FITTINGS 801.01—General These Specifications cover the furnishing and the installing of ductile iron pipe and ductile iron fittings, including taps, connections, and appurtenances as required for a functional system as indicated herein. (a)All ductile iron pipe furnished under the Specifications shall be manufactured by either of the following processes: 1. Nominal sizes 4-inch through 24-inch centrifugally cast in Metal Molds and Sand Lined Molds in conformity with AWWA Standard Specifications C151/A21.51-96 except as may be herein modified. (b)All ductile iron pipe furnished under the specifications shall be in agreement with AWWA Standard Specifications C150/A21.50-96 and C151/A21.51-96. (c) All pipe shall be AWWA Class 150 standard weight and wall thickness for installation in flat-bottom trenches with tamped backfill of four(4)foot cover. Joints shall be flange, mechanical joint,or of the push- on type as specified and furnished in nominal 16 or 18 foot lengths. Rubber gasket joints shall conform with American Standards' Association Specification C111/A21.11-95. (d)All pipe shall be furnished with interior and exterior coatings as listed below: i) Exterior surface of nominal pipe sizes 4-inch through 48-inch for buried service shall be asphaltic coating per AWWA C110 and C152. ii) Exterior surface of nominal pipe sizes 4-inch through 48-inch for above ground/exposed service shall be primed with manufacturer's stand zinc coating or primer. Primer shall be compatable with specified field coating system. iii) Interior lining of nominal pipe sizes 4-inch through 48-inch shall be Cement Mortar lined to standard thickness and sealed in conformity with AWWA Standard Specifications C104/A21.4-95 for pipes in clean water service. Coating shall be approved for use in potable water service. iv) Interior lining of nominal pipe sizes 4-inch through 48-inch shall be ceramic epoxy for sewage and sludge service. Lining shall be factory installed.Other coating systems may be used with Engineer approval. (e)All pipe shall be acceptable, without penalty, to the Texas Fire Insurance Commission for use in Water Works Distribution Systems.The plans show size, approximate location and arrangement for all piping and responsibility for exact"make-up" rests with the CONTRACTOR. 801.02—Fittings (a)All fittings shall be short body ductile iron designed and manufactured in conformance with "AWWA Standard Specifications" C110/A21.10-98 revision thereto. (b)Fittings shall be furnished with the type of joint and end combinations as well as pressure class specified. 1 Mechanical joint fittings shall be furnished complete with glands,gaskets and bolts. All bolts shall be coated according to provisions of Item 600, Section 600.29. Push-on fittings shall be furnished complete with joint gaskets and lubricant. Flange joint fittings shall be furnished complete with gasket and bolts.All mechanical joint pipe and fittings shall be supplied with ductile iron T-Head bolts with hexagonal nuts and shall comply with ASTM A536 ANSI-AWWA standard specification C-111/A21.11-95. 801-1 801—DUCTILE IRON PIPE&FITTINGS (d) All fittings shall be furnished with interior and exterior coatings as listed below: i) Exterior surface of nominal pipe sizes 4-inch through 48-inch for buried service shall be asphaltic coating per AWWA C110 and C152. ii) Exterior surface of nominal pipe sizes 4-inch through 48-inch for above ground/exposed service shall be primed with manufacturer's stand zinc coating or primer. Primer shall be compatable with specified field coating system. iii) Interior lining of nominal pipe sizes 4-inch through 48-inch shall be Cement Mortar lined to standard thickness and sealed in conformity with AWWA Standard Specifications C104/A21.4-95 for pipes in clean water service. Coating shall be approved for use in potable water service. iv) Interior lining of nominal pipe sizes 4-inch through 48-inch shall be ceramic epoxy for sewage and sludge service. Lining shall be factory installed.Other coating systems may be used with Engineer approval. 801.03 - Hammer Test All pipe shall be inspected for defects and rung with a light hammer to detect possible cracks while suspended and before lowering. Any defective, damaged or unsound pipe shall be rejected. 801.04 - Laving Ductile Iron Pipe The laying of the pipe and the making of the joints shall be in agreement with AWWA Standard Specification C600-99 or the latest revisions thereof. Pipe shall be"poly"wrapped in agreement with AWWA Specification C105/A21.5-99. 801.05 - Concrete Blocking Concrete having a compressive strength of not less than 1,500 psi shall be used as a cradle or blocking where shown on the Plans or where directed by the ENGINEER. Bends, crosses with one opening plugged,and all tees shall be blocked with reinforced concrete as a thrust blocking. Blocking shall be placed between solid ground and the fitting to be anchored to the size and shape as shown on the Plans or as directed by the ENGINEER. 801.06 - Cutting Pipe Plans show size, approximate location and arrangement for piping. Responsibility for furnishing and installing exact lengths of various sized pipes for exact "make-up" rests with the CONTRACTOR. Pipe cutting for insertion of valves, fittings, or closure pieces shall be done in a neat and workmanlike manner with no damage to pipe. END OF SECTION I 801 -2 809-TESTING AND STERILIZATION OF COMPLETED WATERLINES ITEM 809 TESTING AND STERILIZATION OF COMPLETED WATERLINES 809.01 - Procedure Cleaning,filling,flushing,checking, chlorinating, sampling and testing of the completed waterlines shall be done in the following sequence: 1. Cleaning a. The line shall be maintained in a clean state during installation. Lines 24"and larger shall be swept before closing to remove sediment. 2. Filling The water main shall be filled to eliminate air pockets. Air is to be vented from a high point (fire hydrant, air release valve or tap) while slowly filling line with water until line is full. 3. Cleaning and Flushing a. Flushing is no substitute for preventive measures during construction. b. Water lines shall be flushed at a rate to produce a minimum velocity of 2.5 ft/sec in the line unless the engineer or job superintendent determines that conditions do not permit the required flow to be discharged to waste. c. The line shall be flushed until the chlorine residuals reaches normal operating levels or until a minimum of two volumes of the affected line is flushed, whichever is greater. d. If the water is not clear after the prescribed flushing, continue to flush until water clears. e. Flushing valve shall not be less than 2" diameter. 4. Chlorinate line. Pressure drop and flow to be away from point of chlorination and toward dead end (open)of line, not toward City connection. Chlorination shall be in agreement with AWWA Specification C651-99. 5. Make specified pressure test using City water through a RPZ protected direct connection to pump suction, using water hoses approved for"drinking"water to the standards set by the City of Port Arthur and AWWA. 6. Make bacteriological test before and after pressure test. 7. Installation, disinfection, and testing shall meet the requirements of the "Rules and Regulations for Public Water Systems" adopted by the Texas State Department of Health, September 9, 1973. If a line failure occurs where a joint or portion of a joint of pipe is replaced, that section of line should be isolated by closing adjacent line valves and the open line kept free of foreign matter. Make repairs and use HTH liberally,then flush out at the nearest hydrant. In extreme cases of failure,the CONTRACTOR may be required to repeat the entire chlorination procedure. 8. Only City personnel may open and close existing valves. 809.02- Pressure Testing After pipe is laid and backfilled as specified, all newly laid pipe shall be subject to a hydrostatic pressure equal to 120% of the class of pipe unless otherwise noted on specification of pipe material, but shall not be less than 180 pounds per square inch. Water for testing shall be furnished by the City at the nearest convenient connection approved by the Water Utilities Engineer of the Water Utilities Department. 1. The Contractor shall be required to obtain a Fire Hydrant meter is the Contractor's name but fees shall be waived. 2. The Contractor shall supply a recently certified RPZ for connection to the meter before hose. 3. The duration of each pressure test shall be two (2) hours. 809.03 - Pressure Test Procedure I 809-1 809-TESTING AND STERILIZATION OF COMPLETED WATERLINES The CONTRACTOR, after back-filling or partial back-filling all newly laid pipe, shall slowly fill the lines with water expelling all air. The CONTRACTOR shall use all available outlets to accomplishthis, such as hydrants, air relief valves and taps when specified. Should additional taps be needed to vent air from high points in the line, the same shall be installed by and at the expense of the CONTRACTOR. The CONTRACTOR shall install certified gauges on the line tested at spacing not to exceed 2,000 feet and at the end of the test section. The water under pressure (10 to 50 psi), shall be allowed to stand for not less than 24 hours to allow for absorption before applying a pressure test. During this period, the bulkheads, valves, and connections shall be examined for leaks. A test pressure of not less than 180 psi shall be applied to valve or bulkhead sections by a dedicated hydrostatic test pump with 300 psi liquid filled gauge, and water meter. The CONTRACTOR shall furnish, install and operate at their own expense the necessary connections, pumps, meters and gauges in filling the line and making the test. The water necessary to maintain the test pressure shall be measured through a meter or other means satisfactory to the ENGINEER. If using"other means", an authorization letter by the City of Port Arthur Water Utilities Engineer is required to be onsite during the test. 809.04 - Permissible Leakage No pipe installation will be accepted until or unless the leakage in the foregoing test is less than the following values (based on nominal diameters, a 24-hour day, and 150 psi pressure): 1. Ductile Iron Pipe: 24 gallons/(inch diameter--mile--day) for 18 foot length joints of pipe, evaluated on a basis of 150 psi. 2. Reinforced Concrete Pressure Water Pipe, Steel Cylinder Type, Pre-stressed or Pretension: 35 gallons/(inch diameter--mile--day). 3. Polyvinyl Chloride (PVC) C-900 Pipe: 24 gallons/(inch-- diameter--day). 4. For other pressures the ratio of the square roots of pressures shall be used in determining allowable leakages. 5. The leakage shall be considered the amount of water entering the pipe line during the test, less the measured leakage through valves or bulkheads. 809.05—Sterilization When repairs made to existing mains or when new main extensions are provided, they must be disinfected by the CONTRACTOR using such amount of chlorine or chlorine compounds to fill the repaired or new mains and appurtenances with water containing 50 ppm chlorine. After the water containing this amount of chlorine which is greater than that normally present in drinking water has been in contact with the pipe and appurtenances at least 24 hours, the water shall be flushed with water to be transported normally and samples of water from the new or repaired main submitted to laboratories for bacteriological examination to be sure that the disinfection procedure was effective. END OF SECTION 809-2 811-RESILIENT WEDGE GATE VALVES 4"THRU 66" ITEM 811 RESILIENT WEDGE GATE VALVES 4"THRU 66" 1.01—General Description Gate valves shall conform strictly to American Water Works Association Standard Specifications requirements for Resilient Wedge Gate Valves for Ordinary Water Works Service C515-01, including changes and additions specifically stated in these specifications. Valves shall have an unobstructed waterway equal to or greater than the full nominal diameter of the valve. 1.02- SUBMITTALS A. All valves shall be submitted for approval. B. As a minimum, the submittal should include the following. 1. Manufacturer's name and product data 2. Standard of manufacture 3. List of sizes 4. Pressure rating 5. Materials 6. Operator details 7. Shop drawings, showing dimensions and other details 1.03—Testing and Operating Procedures All gate valve parts shall be designed to withstand safely and without permanent deformation, both stresses resulting from an internal test pressure of 500 psi and combined stresses resulting from internal operating pressure of 250 psi for valves sized up to and including 66 inches. Further, the valve body and the internal parts of all valves shall be so constructed to develop full strength of the valve to the point of failure, in moving the valve gates in either direction across their seats from the point of opening to their full-closed position under full-service pressure without rupture or permanent deformation of any other part. The gate valve shall be subjected to a 500-psi hydrostatic seat and shell test which shall be applied between the gates. All joints and castings shall be completely watertight. No casting shall show any permanent distortion. The resilient wedge mechanism shall provide zero leakage at the rated water working pressure when installed with the line flow in either direction. 2.01—Valve Construction a) Valves shall open left. b) Buried valves and those specifically shown or specified as non-rising stems shall be equipped with fixed non-rising stem. c) The Operating nut is to be 2 inches square on buried valves. Above ground valves shall be equipped with Handwheels. Above Ground valves 16 inches and larger and those specifically shown or specified shall be equipped with a gear operator and handwheel. d) For Valve Sizes from 4" thru 24", the Stem shall be made of bronze (ASTM B-763, Alloy 867) with tensile strength of not less than 80,000 psi, a yield strength greater than 32,000 psi, and an elongation of not less than 15 percent. The stem shall not be designed to break above the stuffing 811 -1 811-RESILIENT WEDGE GATE VALVES 4"THRU 66" box from excess torque. For Valve Sizes from 30" to 66",the Stem shall be made of bronze (ASTM B-862) with tensile strength of not less than 90,000 psi, a yield strength greater than 40,000 psi, and an elongation of not less than 18 percent. e) The body and bonnet shall be cast from a high-grade ductile iron which conforms to all requirements of ASTM 536-6545-12, or latest revision thereof. f) All ferrous surfaces inside and outside shall have a fusion-bonded epoxy coating in accordance with AWWA C-550 or latest revision thereof. g) The wedge shall be ductile iron fully encapsulated with EPDM rubber, symmetrical in design and shall seat equally well with flow in either direction. h) The wedge to stem design shall employ the use of an independent stem nut. An integral stem nut design is not allowed. The independent stem nut shall be inserted into the stem nut slot of the wedge in one direction only and shall be enclosed by three (3) surrounding sides. i) Packing shall be double "0" ring construction, with two above and one below the thrust collar except for 24" valves and larger where one above and one below the thrust collar are required. "0" rings set in a cartridge shall not be allowed. j) Valve stem should have one stainless steel friction washer above and one below the stem collar to provide lower torques. k) The manufacturer shall supply certified reports stating the materials used in the gate valve conform to this specification and the latest AWWA C515-01 specification. 2.02—Valve Construction a) Unless specifically shown or specified otherwise all buried valves shall have mechanical joint ends. b) Unless specifically shown or specified otherwise all above-ground valves shall have flange ends. 3— Basis of Payment a) Payment for valves in place shall be for size listed in bid item of the proposal and shall include required accessories and ancillary items for a complete and operable installation. i) Buried valve installations shall include the valve, concrete support, cast iron adjustable valve box and cover, and reinforced concrete slab around the valve box including all materials, labor, tools, equipment, and supervision necessary to install, sterilize, test, and make the valve ready for operation. I END OF SECTION I 4 811 -2 817-CEMENT STABILIZED SAND ITEM 817 CEMENT STABILIZED SAND Cement stabilized sand shall conform to the following specification. The material shall be a dry mixture of clean sand and one and one half(11) sacks or two(2)sacks of Portland cement to the cu. yd. 1. Sand a. Selected sandy soil shall be clean native sand free of rocks, vegetation, foreign materials and large aggregated pieces of sand. 2. Cement a. Cement shall be Type 1 of a standard brand of Portland Cement and shall conform to the requirements of ASTM Designation: C150 and Texas Department of Transportation standards. 3. Content a. Cement Content shall be as specified with 1 sack equal to 94 pounds of cement with specified number of sacks mixed with sand so that the mixture is one cubic yard. 4. Mixing a. Mixing of materials shall be uniform. b. Mixing shall be a dry mixture of clean sand and cement. 5. Testing a. Materials are subject to an independent testing laboratory batch design test. END OF SECTION 1 817-1 02534-HINGED MEDIUM DUTY COMPOSITE MANHOLE COVERS ITEM 02534 HINGED MEDIUM DUTY COMPOSITE MANHOLE COVERS 1.01 SUMMARY A. This Section specifies the manufacture and installation of hinged medium-duty composite covers with frames. 1.02 GENERAL REQUIREMENTS A. Cover and frame shall be smooth,true to pattern and free from projections or other distortions. B. Contractor shall supply one prying and lifting bar of approved design with each 20 covers (minimum of one tool for each type of cover). 1. Prying and lifting bars shall be of approved appropriate design to match the different cover configurations. 1.03 SUBMITTALS A. All covers shall be submitted for approval. B. Different types of covers, even if from the same manufacturer, should be placed in separate submittals. 1. Covers of different sizes, but of the same type, may be placed in the same submittal. C. As a minimum, the submittal should include the following. 1. Manufacturer's name and product data 2. Standard of manufacture 3. List of sizes 4. Class or load rating 5. Material 6. Shop drawings, showing badging and other details 1.04 DELIVERY, STORAGE AND HANDLING A. Covers and frames shall be delivered, handled, and stored according to the manufacturer's recommendations along with the following provisions: 1. Transportation, handling, and storage shall at all times be performed in a manner to avoid product damage, including the coating. 2. Only nylon slings shall be allowed for lifting covers and frames. Steel chains, clamps, or cables shall not be allowed for lifting purposes. a. Steel chains or cables may be allowed for securing covers during transport or storage provided protective padding or timber blocking is utilized. 3. Protective padding or timbers shall be placed between stacked covers. 4. Visually inspect all covers upon delivery and report any damage to the Engineer. a. Any covers damaged during delivery, storage, or installation shall be marked and set aside. b. Proposals for repair of any damaged covers or coating shall be submitted in writing to the Engineer for approval. c. No repairs to damaged covers shall be attempted without the Engineer's approval. d. Any damaged covers deemed unsuitable for repair by the Engineer shall be removed from the site and replaced at the Contractors expense. 5. Composite covers and frames shall be stored out of direct sunlight until needed. 1.08 MANUFACTURER 03301 - 1 02534-HINGED MEDIUM DUTY COMPOSITE MANHOLE COVERS A. Covers and frames shall be manufactured by Vodaland or equal. 2.01 COMPOSITE MANHOLE COVERS A. Composite covers for sanitary sewerage service shall be single-piece and non-ventilated. Non- vented sanitary covers do not include holes to allow air ventilation. B Covers and gratings shall have mating surfaces that prevent rocking due to traffic. 2.06 GROUT A. Grout if required shall be a non-shrink cementitious type. 2.08 SEALANTS A. Sealants, if required, shall be a non-biodegradable polyurethane sealant. PART 3-EXECUTION 3.01 INSTALLATION OF STANDARD MANHOLE COVERS AND GRATINGS A. Manhole covers and gratings shall be installed as shown on the drawings, unless otherwise approved by the Engineer. 1. Frames for covers in paved traffic areas shall rest on a concrete screed or concrete block, with the covers set flush with the road surface. END OF SECTION a 03301-2 03301-PRECASTE CONCRETE MANHOLE ITEM 03301 PRECAST CONCRETE MANHOLES PART 1 - GENERAL 1.01 SCOPE The work included in this section of the Specifications shall consist of providing precast and/or castin-place manholes, rims, and covers where indicated on the Plans. 1.02 QUALITY ASSURANCE A. ACCEPTABLE MANUFACTURERS 1. Hanson B. Comply with the latest edition of the following referenced standards: 1. ASTM C270, Type M Mortar. 2. ASTM C478, Reinforced Concrete Manhole Sections. 3. ASTM C443, Joints for Circular Concrete Sewer and Culvert Pipe Using Rubber Gaskets. 1.03 SUBMITTALS Submit the following information in accordance with the requirements of Section 01300: Contractor Submittals. A. Record Data Submit record data of detailed drawings showing dimensions, materials thickness of materials, manufacturer's installation instructions, accessories, fittings, hardware, anchorages, schedule of components, and other pertinent data. B. Certificate of Adequacy of Design. PART 2 - PRODUCTS 2.01 MORTAR Comply with Mortar for Unit Masonry, ASTM C 270, for Type M mortar. The cement material used in the preparation of the mortar shall be Portland cement, Type I, normal, or Type II, moderate sulfate resistant. 2.02 CAST IRON FRAMES AND COVERS Frames and slotted covers shall be furnished and installed in accordance with the details on the Plans and shall be East Jordan Iron Works V-1418-2 with City of Port Arthur logo or approved equivalent, unless otherwise shown on the drawings. 03301 - 1 03301-PRECASTE CONCRETE MANHOLE 2.03 PRECAST REINFORCED CONCRETE MANHOLE SECTIONS A. Conform to Precast Reinforced Concrete Manhole Sections, ASTM C478. Cement shall be Type I or Type II. Aggregate for concrete work per C33, coarse aggregate shall be crushed limestone, with a resulting minimum concrete alkalinity of 70 percent calcium carbonate equivalency in the final concrete product. Admixtures, if used, shall conform to ASTM C494, no calcium chloride shall be used. B. Provide and install concrete grade rings to bring the cast iron frames to grade. Grade rings shall be 2 inches by 8 inches with an inside diameter of 24 inches. Grade rings shall be grouted in place with 2-#3 bars in accordance with the City of Port Arthur Standard Specifications. C. The concrete manhole riser sections, with the exception of the grade rings, shall be formed with male and female ends and installed with bell ends turned down. D. The joints and gaskets in the riser sections shall comply with the requirements of ASTM C443, Joints for Circular Concrete Sewer and Culvert Pipe, using rubber gaskets, as modified to incorporate an 0-ring type gasket. E. Manhole riser sections shall be of sufficient diameter to allow personnel to work inside them and to allow proper joining of all pipes to the manhole wall while maintaining the structural integrity of the riser sections. All manholes shall have a minimum diameter of four feet unless a larger diameter is noted in the Plans or required by the piping configuration shown. Provide larger diameter manholes where necessary to maintain at least a 12-inch clearance between any holes cut in the riser section. F. Provide eccentric cone immediately below the grade rings sections for each manhole. For manholes larger than 48-inches, precast concrete covers with integrally-cast frames and covers may be used when approved by ENGINEER. G. Where PVC piping is connected to manholes, provide and install PVC sleeves with rubber gaskets and an abrasive silica out coating. Sleeve shall be as manufactured by GPK products, Inc., of Fargo, North Dakota, or approved equivalent. Sleeve shall be firmly grouted into manhole opening in accordance with manufacturer's instructions. 2.04 MANHOLE INSERT A. Manhole inserts shall be furnished and installed at each manhole and shall be a stainless steel Preco Sewer Guard ME C-4 watertight manhole insert or equivalent. B. The manhole insert shall be stainless steel and each of its components, the valve bodies, the valve plugs, the valve springs, and the gasket shall be manufactured of plastic, stainless steel, or other corrosion proof material. C. Each insert shall contain a gasket manufactured of Grade RE-41 black closed cell neoprene and meet the requirements of ASTM D-1056-73T. The gasket shall have a pressure sensitive adhesive on one side and be placed on the underside of the insert rim by the manufacturer. 03301-2 03301-PRECASTE CONCRETE MANHOLE D. Each insert shall have a gas relief valve and a vacuum relief valve each designed to release at a pressure differential equivalent to approximately 1/2 psi and approximately 2.25 psi, respectively. The valve body shall be manufactured of specially formulated plastic polymers and the valve plug shall be neoprene confined within a stainless steel spring. E. The manhole insert shall be manufactured and finished to fit upon the manhole frame rim upon which the manhole cover rests. F. The manhole frame shall be cleaned of all dirt/debris before placing the insert upon the rim. G. The insert lip with gasket shall be placed in contact with 360 degrees of manhole frame rim to retard water seepage between the insert and the manhole frame. H. After the manhole insert has been installed on the manhole frame rim, note that the insert does not come in contact with the cover upon its removal or replacement (flipping). I. After installation of the watertight manhole insert, the seal shall be water tested and shall not allow more than 1-gallon of inflow during a period of 24 hours. 3.00 EXECUTION 3.01 INSTALLATION A. Manhole Base: 1. Inverts: Inverts shall be built of concrete or half-sections of pipe (unless otherwise shown on the Plans) and shall be true and troweled to a smooth, hard finish. The invert depth shall be equal to one-half of the diameter of the largest pipe connected to the manhole, and shall be sloped at 1:1 between the inlet and outlet pipe flowlines. The top of the poured manhole invert outside of the flow channel shall be steeply-sloped to prevent solids deposition. 2. Hanson pre-cast manhole base shall be utilized and placed in accordance with the details on the Plans and the applicable provisions of these Specifications. 3. All concrete used in the construction of manholes including precast and cast-in-place bases, sections, lids, etc., shall have a minimum concrete alkalinity of 70 percent calcium carbonate equivalency in the final concrete product. Alkalinity shall be tested in accordance with methodology set forth in Concrete Pipe Handbook, published by the American Concrete Pipe Association, or equivalent industrial standards, with test results provided to the ENGINEER for record data. B. Provide an adequate connection where the pipe connects to the manhole such that infiltration and exfiltration is prevented from occurring at the connection. When required, manhole adaptors shall be used. If the manhole base is concrete and cast-in-place around the pipe, then an adapter gasket shall be installed such that the gasket will serve as a watertight seal (water stop) between the pipe and concrete. If the manhole base has a pipe fabricated integrally with the manhole, then a manufacturer's recommended adaptor shall be used to connect the pipe to the manhole pipe. If a "boot type" flexible connection is used, then a minimum of two stainless steel straps shall be used to secure the flexible connector to the pipe. 03301-3 4 03301-PRECASTE CONCRETE MANHOLE C. Frames and covers shall be furnished and installed as required and indicated on the Plans. D. Use no more than 4 grade rings per manhole. Ring hold down bolts shall pass through the rings into the top of the cone. E. Where piping is connected to a manhole, CONTRACTOR shall provide a resilient connector in accordance with ASTM C-923 and the specifications and drawings. Where resilient connectors cannot be made at manhole connections, CONTRACTOR shall ensure that the pipe on each side of the manhole does not extend further than five (5) feet from the outside of the manhole wall or base, and the concrete cradle extends to within one (1) foot of the end of the pipe. F. Where main sewer (lowest line) passes straight through manhole or degree of deflection of main sewer is less than 5 degrees, and no other line or stub-out is shown entering manhole below centerline of main sewer, lay sewer continuous through manhole. After manhole wall sections have been completed above top of sewer, break out and remove top half of barrel of sewer pipe that was previously laid through manhole. Use barrel of sewer pipe that was previously laid through manhole. Use concrete with 1-inch mortar topping and shape floor. Where main sewer (lowest line) alignment deflects greater than 5 degrees at manhole or where another sewer or stub-out enters at or below centerline of main sewer, terminate main sewer pipe laying in such a manner that ends of pipe are 2 inches inside of manhole wall. End of Section 03301 -4 05500-METAL FABRICATIONS ITEM 05500 METAL FABRICATIONS PART 1 - GENERAL 1.01 SUMMARY A. This Section specifies metal fabrications and includes, but is not limited to, the following: 1. Ladders 2. Ship Ladders 3. Staircase Assemblies 4. Handrailing 5. Floor Gratings 6. Floor Plate 7. Access Covers 8. Roof Hatches 9. Steel Lintels 10. Vent Pipes 11. Pipeline Marker Posts 12. Yard Gates 13. Yard Fences 14. Galvanising Requirements 15. Anodising Requirements 16. Passivating Requirements 17. Powder Coating Requirements 1.02 RELATED SECTIONS I. Section 09960 - Coating System for Ferrous Metals 1.03 REFERENCES A. Product manufacture,testing and installation shall comply with the following references, unless otherwise approved by the Engineer. 1. AISC - American Institute of Steel Construction 2. AWS D1.1 - Structural Welding Code 3. ASTM A47 - Ferritic Malleable Iron Castings 4. ASTM A48 - Grey Iron Castings 5. ASTM A53 - Pipe, Steel, Black & Hot-Dipped, Zinc-Coated Welded & Seamless 6. ASTM A108 - Steel Bars, Carbon, Cold Finished, Standard Quality 15. ASTM A123 - Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products 16. ASTM A167 - Stainless and Head-Resisting Chromium-Nickel Steel Plate, Sheet and Strip 17. ASTM A197 - Cupola Malleable Iron 18. ASTM A276 - Stainless and Heat-Resisting Steel Bars and Shapes 19. ASTM A380 - Practice for Cleaning and Descaling Stainless Steel 20. ASTM A496 - Steel Wire, Deformed for Concrete Reinforcement 21. ASTM A500 - Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes 22. ASTM A536 - Ductile Iron Castings 23. ASTM A668 - Steel Forgings, Carbon, and Alloy, for General Industrial Use 24. ASTM B26 - Aluminum-Alloy Sand Castings 05500- 1 05500-METAL FABRICATIONS 25. ASTM B221 -Aluminum-Alloy Extruded Bars, Rod, Wire, Shapes and Tubes 26. ASTM B308 -Aluminum-Alloy 6061-T6 Structural Shapes, Rolled or Extruded 27. ASTM B632 -Aluminum-Alloy Rolled Tread Plate 28. ASTM F467 - Nonferrous Nuts for General Use 29. ASTM F468 - Nonferrous Bolts, Hex Cap Screws, and Studs for General Use 1.04 DEFINITIONS A. The following definitions shall pertain to words or phrases as utilised in this Section. 1. "PVC"shall mean polyvinyl chloride. 2. "RS"shall mean rolled standard. 1.05 GENERAL REQUIREMENTS A. Fabricator's Qualifications 1. Only approved fabricators thoroughly familiar with the type of fabrication required shall be permitted to carry out fabrication and coating works. 2. The general Contractors' staff shall not be allowed to carry out the fabrication coating or installation, unless suitably trained, equipped and approved by the Engineer. B. Metal fabrication shall comply with the following general requirements unless otherwise approved by the Engineer. 1. Fabricator shall verify all necessary field measurements before fabrication,to assure proper fit-up. 2. Fabricator shall be responsible for all detailing, fabrication, and installation, to ensure correct fitting of all members or components. 3. Substitution of sections or modification of connection details, or both,will not be accepted unless authorized in writing by the Engineer. 4. Connections fully designed and detailed on the Contract Drawings shall be furnished as shown unless otherwise approved by the Engineer. 5. Members and connections, for any part of the structure, not shown on the Contract Drawings, shall be the Contractor's responsibility. a. Such connections shall be considered standard and shall be designed and detailed in accordance with AISC M016. 6. Welding shall be in accordance with AWS D1.1. 7. The following materials shall be isolated from each other by bituminous paint, plastic sleeves, PVC pads or rubber gaskets, or as directed by the Engineer, to prevent galvanic action or chemical corrosion. a. Galvanised steel and stainless steel b. Stainless steel and aluminum c. Aluminum and Concrete C. Painting or Coating Application 1. Ferrous or galvanized metals shall be coated as specified in Section 09960. 2. Unless noted otherwise, all aluminum products are to be anodized after fabrication. 3. All stainless steels are to be suitably cleaned with an approved pickling solution, or paste and treated with an approved passivating fluid according to ASTM A380 procedures before installation. 4. If designated power coating shall be as described in Section 3.04. 1.06 SUBMITTALS A. Fabricator's Approval 05500-2 05500-METAL FABRICATIONS 1. Submit the fabricator's prequalification documents complete with information on staff, equipment, and past experience. B. Product Approval 1. The Contractor shall submit sufficient information to the Engineer, prior to purchase, according to Section 01330, in order to verify compliance with the specifications. Such information shall include at least the following: a. Manufacturer's name. b. Suppliers name. c. Product name (if applicable). d. Product description. e. Manufacturer's technical data. f. Storage instructions. g. Mill certificates. h. Connection details. i. Load tables (if applicable). j. Installation instructions. k. Welding procedures. I. Welders'certificates. m. Paint or coating information. E. Shop Drawings 1. The Contractor shall submit shop drawings for at least the following items. a. Shop drawings for the fabrication and erection of all assemblies of metal fabrication work which are not completely shown by the manufacturer's data sheets. b. Include plans and elevations of not less than 1:10 scale and include details of sections and connections of not less than 1:4 scale. c. Show anchorage and accessory items. d. Give location, type, size and extent of welding and bolted connections and clearly distinguish between shop and field connections. e. Prior to submittal, coordinate shop drawings with related trades, to ensure proper mating of assemblies. f. Detailed drawings shall show material type, thickness, grade/class, dimensions, and construction scheme. g. The submittal shall include catalogue pages, erection description, manufacturers data/instructions, and templates. 1.07 QUALITY ASSURANCE A. Inspection Requests" shall be submitted to the Engineer after on-site installation for final inspection. The minimum notification time shall be 24 hours. B. Any products found to be fabricated from unapproved materials or incorrectly fabricated, incorrectly installed, poorly fitted, or damaged, shall be rejected and removed from the works. 1. No site repairs will be allowed unless authorized by the Engineer. 2. The Contractor shall bear all costs for replacing unacceptable work. 1.08 DELIVERY, STORAGE AND HANDLING A. Delivery, storage, and handling shall be according to the manufacturer's recommendations along with the following provisions: 1. Transportation, handling,and storage shall at all times be performed in a manner to avoid product damage. 05500-3 05500-METAL FABRICATIONS 2. Only nylon slings shall be allowed for lifting products. Steel chains, clamps or cables shall not be allowed for lifting purposes unless approved by the Engineer. a. Steel chains or cables may be allowed for securing products during transport or storage, provided protective padding or timber blocking is utilized. 3. Do not store products directly on the ground, unless approved by the Engineer. a. Ensure adequate timber blocking is utilized to provide sufficient support. 4. Special care shall be taken to avoid damage to protective coatings. 5. If stored outside, cover products to prevent UV degradation, as recommended by the manufacturer. 6. The Contractor shall visually inspect all products upon delivery and report any damage to the Engineer. a. Any products found to be fabricated from unapproved materials shall be rejected and removed from the site. b. Any products found to be incorrectly fabricated shall be marked and set aside. c. Any products damaged during delivery, storage, or installation,shall be marked by the Contractor and set aside. d. Proposals for the repair of any damaged or defective products shall be submitted in writing to the Engineer for approval. e. No repairs to damaged products shall be attempted without the Engineer's approval. f. Any products deemed unsuitable for repair or alteration by the Engineer shall be removed from the site and replaced at the Contractor's expense. PART 2 - PRODUCTS 2.01 MATERIALS A. Metallic materials shall conform to the following requirements, unless otherwise noted, or unless otherwise approved by the Engineer. B. Steel 1. Structural steel ASTM A36 Grade 36 2. Steel pipe ASTM A53, Types E or S, Grade B 3. Structural Tubing ASTM A500, Grade B 4. Steel forgings ASTM A668 5. Electrodes for welding steel AWS A5.1, E70 Series C. Iron 1. Ductile iron ASTM A536 or BS 2789 2. Grey cast iron ASTM A48 3. Malleable iron ASTM A47, A197 D. Stainless Steel 1. Stainless steel shall conform to ASTM A167 and ASTM A276 and the alloy types shall be as follows, unless shown otherwise on Plans: a. Plates, bars and tubing Grade 316 for machined items or 316L for welded items. b. Bolts, nuts, washers and screws : Grade 316 i. Yield Strength min.270 N/mm2 ii. Tensile Strength min. 480 N/mmz c. Electrodes for welding stainless steel. 05500-4 05500-METAL FABRICATIONS i. Use electrodes and techniques per AWS 5.0 series specifications or as approved by the Engineer. E. Aluminum 1. Rolled shapes and extrusions ASTM B308, 2. Castings ASTM B26 a. No scrap aluminum shall be used in the castings. b. Max.allowable iron content: 6%. c. Samples of castings shall be taken and tested physically and chemically at the Engineers' directions. 3. Aluminum angles,beams,pipes, plates and channels: Alloy 6063-T6 4. Aluminum weir plates and baffles: Alloy 6063-T6 5. Aluminum bolts : ASTM F468, alloy 2024 T4 6. Aluminum nuts : ASTM F467, alloy 2024 T4 7. Electrodes for welding Aluminum AWS D1.2, filler alloy 4043 or 5356 F. Washers 1. Same materials and alloy as found in accompanying bolts and nuts. 2. Provide two washers per each nut and bolt. 3. Provide neoprene pad between dissimilar metals. G. Galvanising 1. Iron and Steel a. Galvanising shall be done in accordance with ASTM A123 with an average coating weight of 600 g/m2. b. All components shall be galvanised after fabrication. 2. Touch-up material for galvanised coatings a. Galvanised coatings which are marred or damaged during erection may only be repaired with the Engineer's consent. H. Post Drilled Anchors (Mechanical or resin) 1. Shall be Grade 316 stainless steel, unless shown otherwise on Plans. I. Headed Studs 1. Conform to ASTM A108. 2. Yield Strength min. 345 N/mm2 3. Tensile Strength min. 414 N/mm2. J. Deformed Bar Anchors 1. Conform to ASTM A496. 2. Tensile Strength min. 550 N/mm2. 3. Yield Strength min. 482 N/mm2. 2.02 LADDERS A. Material shall be as indicated below, unless noted otherwise, or unless otherwise approved by the Engineer. 1. Galvanised Steel for interior dry well areas. 2. Aluminum Alloy for exterior exposures. 3. Stainless Steel for interior wet well chambers. 05500-5 05500-METAL FABRICATIONS B. Stringers 1. Min. 3/8"x 2"flat bar. C. Rungs 1. Solid, min 7/8"diameter. 2. Shall be at 250 mm centers. 3. Minimum 20"wide between stringers. 4. Minimum 8"from adjacent wall. 5. Non-slip rung covers. 6. Capable of withstanding a point load of 1,000 pounds applied at the center, or close to one end. D. Brackets 1. Fixing brackets shall be at max. 6 feet mm centers. 2. Capable of withstanding shear and pull-out load of 1,000 pounds. G. Construction 1. Fully welded type, unless otherwise approved by the Engineer. H. Ladder extensions 1. Ladders shall extend 3'-4" above the upper access level or shall be provided with ladder extensions that automatically lock into place when fully extended. a. Ladder extensions shall be constructed from same material as ladder. b. Corrosion-resistant spring (if required). c. Factory assembled with all hardware necessary for mounting to ladder. 2.03 SHIP LADDERS A. Material shall be as indicated below, unless noted otherwise, or unless otherwise approved by the Engineer. 1. Galvanised Steel for interior dry well areas. 2. Aluminum Alloy for exterior exposures. 3. Stainless Steel for interior wet well chambers. B. Design 1. Construct to fit openings shown on the Drawings. 2. Provide rake angle between 65° and 75°. 3. Provide same load carrying capabilities as specified for staircase assemblies. 4. Provide handrailing on both sides of ladder. Make continuous with handrailing at upper platform or landing. 5. Use maximum practical stair width, between 450 mm and 550 mm. 6. Fix the ladder base to the concrete floor as required. 7. Fabricate and design components in accordance with NAAMM: Metal Stairs Manual. C. Treads/Stringers/Hardware 1. As specified for staircase assemblies. 2.04 STAIRCASE ASSEMBLIES A. Material shall be as indicated below, unless noted otherwise, or unless otherwise approved by the Engineer. 1. Galvanised Steel for interior dry well areas. 2. Aluminum Alloy for exterior exposures. 05500-6 05500-METAL FABRICATIONS 3. Stainless Steel for interior wet well chambers. B. Design 1. Construct to the overall sizes detailed on the Drawings. 2. Provide rake angle between 30° and 50°. 3. Capable of carrying a 1,000-pound concentrated moving load or 300 lbs/ft2 uniform live load, whichever induces the greatest stress. c. Stringers shall be of adequate size to support treads/landing and gratings. d. All risers (steps) between landings must be the same height. C. Stringers 1. Size for design live loads as well as treads, handrail and other fixed loads. 2. Use RS channel sections, unless other sections are approved by the Engineer. 3. Minimum width between stringers shall be 36". D. Treads 1. Use open type. 2. Nonslip tread. 3. Bull nose edge for strength. 4. Provide welded end plates, drill for bolting between stringers. E. Landings 1. Provide landings at least for every 16 risers (15 treads). 2. Width > 3'4"mm. 3. Capable of supporting a minimum loading of 300 lbs/ft2. 4. Landing panels shall match the stair treads. F. Handrailing 1. All open sides of staircases and landings shall be protected by handrails. Height from the nose of the tread to top of rail shall be between 33"to 40"on the stairs and min 40"from the floor to top rail on landings. 1. Size and load carrying capabilities shall be as specified for handrails. G. Hardware 1. Use Grade 316 stainless steel hardware throughout. 2. Protect all hardware against corrosion. H. Fabricate and design stair components in accordance with NAAMM: Metal Stairs Manual. 2.05 HANDRAILING A. Material shall be as indicated below, unless noted otherwise or unless otherwise approved by the Engineer. 1. Galvanised Steel for interior dry well areas. 2. Aluminum Alloy for exterior exposures. 3. Stainless Steel for interior wet well chambers. B. Posts 1. Outside diameter: 2" 2. Minimum Wall thickness : 0.154" C. Rails 05500-7 05500-METAL FABRICATIONS 1. Outside diameter 2" 2. Wall thickness 0.154 3. Capable of withstanding a 225 lb horizontal load applied at any point or 50 ft-lbs along the top rail (whichever induces the greatest stress). 4. Curves shall be bent to a radius of not less than 4". 5. Top of the horizontal top rail shall be between 34"and 38" high with an intermediate rail centered between the top of walkway and top rail. D. Provide handrails on stairs, landings, and all similar locations,where fall protection is needed. E. Where shown or required, removable sections and toe plates shall be provided. F. Hardware 1. Use Grade 316 stainless steel hardware throughout. 2. Protect all hardware against corrosion. G. Safety Chains 1. 5/16"nominal link. 2. Grade 316 stainless steel. 3. Include swivel eye, snap hook, and eyebolt or staple as applicable. 2.06 FLOOR GRATINGS A. Material shall be as indicated below, unless noted otherwise, or unless otherwise approved by the Engineer. 1. Galvanised Steel for interior dry well areas. 2. Aluminum Alloy for exterior exposures. 3. Stainless Steel for interior wet well chambers. B. Design 1. Min. uniform live load: 600 lb/ft2 in machine areas, 300 lb/ft2 in other areas. 2. Min. concentrated live load: 1,000 lbs over any 12"x 12"area. 3. Max. deflection: 0.2% of span. 4. Provide intermediate supports as required to meet deflection and loading requirements. C. Fabrication 1. Size to fit openings shown on Drawings. 2. Minimum depth: 1"for steel, 1 3/8"for aluminum. 3. Minimum rectangular bar size: 3/16"thick for steel and '/a"for aluminum. 4. Cross bars welded, swaged, or pressure locked to bearing bars. 5. Serrated edge on top of bars. 6. Provide 4"kicker plate 3/8"above grating surface on outer perimeter of elevated gratings (3/16"thick for steel and 1"for aluminum). 7. Use 316 stainless steel hardware (clips and bolts). 8. Bar gratings shall be neatly and accurately cut to the configuration necessary, to clear structural members and pipes and to permit removal of the grating. a. Reinforce openings to provide required load-carrying capacity and provide banding bars around all openings and grating perimeter. D. Coating (After Fabrication) 1. Carbon steel shall be galvanized. 2. Aluminum shall be anodized. 3. Stainless steel shall be treated and passivated. E. Gratings shall have bolted anchorage with a minimum 4 bolts per panel, using stainless steel 05500-8 05500-METAL FABRICATIONS fasteners. 1. The bolts shall be supplied with neoprene washers. 2. Aluminum grating in contact with steel members or concrete shall be isolated with an approved material. 2.07 FLOOR PLATE (CHECKER) A. Material shall be as indicated below, unless noted otherwise, or unless otherwise approved by the Engineer. 1. Galvanised Steel for interior dry well areas. 2. Aluminum Alloy to for exterior exposures. 3. Stainless Steel for interior wet well chambers. B. Design 1. Min. uniform live load: 600 lb/ft2 in machine areas, 300 lb/ft2 in other areas. 2. Min. concentrated live load: 1,000 lbs over any 12"x 12"area. 3. Max. deflection: 0.2% of span. 4. Provide intermediate supports as required, to meet deflection and loading requirements. C. Fabrication 1. Size to fit openings shown on Drawings. 2. Minimum thickness: 3/16"thick for steel and 1/4"for aluminum. 3. Maximum unsupported span: 30". 4. Checker or other approved non-slip surface. 5. Provide a 4" kicker plate 3/8" above the grating surface on outer perimeter of elevated gratings (3/16"thick for steel and 1/4"for aluminum). 6. Use 316 stainless steel hardware. 7. Floor plates shall be neatly and accurately cut to the configuration necessary, to clear structural members and pipes and to permit removal of the plates. a. Reinforce openings to provide required load carrying capacity. D. Coating (After Fabrication) 1. Carbon steel shall be galvanized. 2. Aluminum shall be anodized. 3. Stainless steel shall be treated and passivated. E. Unless shown otherwise, frame openings as follows: 1. Angles of minimum size 1 1/2" x 1 1/2" x 1/4" having 3/8" dia. x 6" mm long anchor bolts spaced at maximum of 24"along each side with not less than two anchor bolts per side. 2. Drill and tap frame to receive 3/8" dia cap screws at not more than 24" centers with not less than two screws per side. 2.08 ACCESS COVERS A. Access covers shall be located as shown on the drawings. B. Materials 1. Access covers exposed to sewerage or sewerage gases shall be made from stainless steel type 316 or 316L. 2. Access covers for stormwater service or drywell areas shall be aluminum alloy. C. Access covers shall be designed to support light-duty loads(900 lb/ft2), unless noted otherwise. D. All access covers shall have the following features. 1. Covers tops shall be hinged. 05500-9 05500-METAL FABRICATIONS 2. Spring assisted lift. 3. "Hold-open"stay to prevent accidental closing. 4. Slam latch. 5. Sealing gaskets. 6. Ladder extensions above all ladders 7. Extendable safety rail at locations without ladders. 8. 4mm stainless steel safety chains with detachable hook extending from ladder extension or safety rail to cover top (2 on each side). 9. Minimum material thickness shall be Schedule 11. 10. All hardware shall be stainless steel (316). 11. Cover top shall be checker plate. E. Access covers for exterior applications shall be surface mounted on top of the concrete slab. 1. Cover lid shall close over the frame. 2. Gaskets shall be fixed in the cover lid, not on the frame. 3. Cover frame shall extend a maximum of 4"above concrete slab. 4. Cover frame shall be bolted to the concrete slab. F. Access covers for interior applications shall be flush mounted (grouted) within the concrete floor slab. G. All access covers shall be polyester powder coated (white, unless noted otherwise). 2.09 ROOF HATCHES , A. Materials of construction for Roof Hatches shall be aluminum with stainless steel hardware. B. Materials shall be new, sound and shall conform to the following: 1 1. Aluminum Roof Hatch a. Dimensions As indicated on drawings b. Leaf Type Single cushion with neoprene c. Safe Working Load 300 lb/ft2 d. Allowable Deflection : Max. span/150 e. Frame Sch 12 minimum thickness mill finished extruded aluminum f. Door Sch 12 minimum thickness mill finished diamond plate aluminum g. All Hardware Aluminum or stainless steel h. Fabricate frame with anchor flange around perimeter and 1 1/2" diameter drainage coupling. i. Reinforce door with aluminum stiffeners as required. j. Bolt hinges to underside of door and pivot on torsion bars. k. Fabricate doors to open 90 degrees with assistance of spring operators and automatically lock into open position. I. Grade 316 stainless steel snap lock and removable turn handle shall be provided. 2.10 STEEL LINTELS B. Steel lintels shall be provided for openings as noted on the drawings, for openings left in masonry work for ducts and for similar items, where openings are not steel framed. C. Lintels, unless otherwise shown, shall be fabricated from galvanized steel. D. Size as scheduled or the width of the opening plus at least 8"where not scheduled, bearing on supports at each end. 2.11 VENT PIPES 05500-10 05500-METAL FABRICATIONS A. Vent pipes for enclosed chambers or reservoirs shall be fabricated from aluminum alloy components and shall conform to the following requirements. 1. Size and length shall be as shown on drawings. 2. Tubing shall be Grade 6063 alloy. 3. All cast parts shall be Aluminum Alloy A413. 4. Minimum wall thickness for tubing shall be 5mm. 5. A welded puddle flange shall be provided, for casting into concrete slabs. a. Puddle flanges shall be positioned to fall at the center of the slab. 6. A partially enclosed hood with heavy-duty aluminum mesh (bird screen) shall be provided for ventilation. a. Minimum thickness of hood sheeting shall be 3/16". 7. Any fixing bolts shall be stainless steel (A4) or (A316). 8. All welding shall be Tungsten Inert Gas (TIG). 9. Minimum clearance between top of slab and bottom of hood shall be 18". 10. Entire assembly shall be chemically treated,and polyester powder coated(120 mic nominal thickness) and hot cured. a. Color shall be light grey (RAL-7035) unless otherwise directed by the Engineer. 2.12 PIPELINE MARKER POSTS A. Pipeline Marker Posts shall be fabricated from aluminum alloy components and shall conform to the following requirements. 1. Size and length shall be as shown on drawings. 2. Tubing shall be Grade 6063 Alloy. 3. All cast parts shall be Aluminum Alloy A413. 4. Minimum wall thickness for tubing shall be 3/16". 5. A welded bar shall be provided for casting into concrete foundation. 6. All welding shall be Tungsten Inert Gas (TIG). 7. Entire assembly shall be chemically treated and polyester powder coated(120 mic. nominal thickness) and hot cured. a. Colour shall be as directed by the Engineer. 8. Pipe line diameter (mm) shall be labelled in English and Spanish along with the following appropriate service designation: a. Sewage pumping main. 9. Lettering shall be made from "High-Intensity"reflective sheeting. a. Minimum height of lettering: 2 3/4" b. Colour shall be white. 2.13 YARD GATES A. Yard Gates shall be fabricated from tubular aluminum alloy components and shall conform to the following requirements, unless otherwise approved by the Engineer. 1. Size and length shall be as shown on drawings. 2. Tubing shall be tempered Grade 6063 Alloy to"T6"condition. 3. Any cast parts shall be Aluminum Alloy to A4136. 4. Minimum wall thickness for main tubing shall be 1/8"(mouldings and secondary members may be less). 5. Main framing shall be fully welded. 05500-11 05500-METAL FABRICATIONS a. Secondary members may be tack welded. b. No mechanical connections with screws, bolts or rivets shall be allowed. 6. All welding shall be by Tungsten Inert Gas (TIG). 7. Entire assembly shall be chemically treated and anodized after fabrication, unless noted otherwise. a. Colour shall be as directed by the Engineer. 8. All hinges, latches, etc. shall be fabricated as shown on the drawings, from stainless steel type 316. PART 3 - EXECUTION 3.01 CONDITION OF SURFACES A. Examine the substrate and conditions under which the work is to be installed. B. Do not proceed with the installation until any unsatisfactory conditions have been corrected, in a manner acceptable to the Engineer. 3.02 FABRICATION A. For the manufacture of metal fabrications, which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. 1. Remove such blemishes by grinding, or by welding and grinding, prior to cleaning, treating and application of finishes, including zinc coatings. B. Use materials of the size and thickness shown, or the required size and thickness to produce adequate strength and durability in the finished product, for the intended use. 1. Work to the dimensions shown or approved on shop drawings, using proven details of fabrication and support. 2. Use the type of materials specified for the various components of work. C. Form exposed work,true to line and level with accurate angles and surfaces and straight edges. 1. Ease exposed edges to a radius of approximately 1 mm unless otherwise shown. 2. Form bent metal corners to the smallest radius possible without causing grain separation or otherwise impairing the work. D. Verify dimensions by accurate field measurement, before fabrication. 1. Allow for trimming and fitting of metal fabrication work, wherever the taking of field measurements before fabrication might delay the work. 2. On shop drawings, note which dimensions have been verified by field measurement. E. Weld corners and seams continuously and in accordance with the recommendations of AWS. 1. Grind exposed welds smooth and flush, to match and blend with adjoining surfaces. F. Form exposed connections with hairline joints, which are flush and smooth, using concealed fasteners wherever possible. 1. Use exposed fasteners of the type shown, or if not shown, use Phillips flat-head (countersunk) screws or bolts. 2. All screws or bolts will be Grade 316 stainless steel. G. Pre-drill bolt and/or screw holes as shown and as required, for attachment of metal fabrication 05500- 12 05500-METAL FABRICATIONS work and for the attachment of adjacent materials. H. Furnish inserts and anchoring devices, which must be set in concrete or built into masonry,for the installation of metal fabrication work. 1. Coordinate delivery of such devices with other work, so as to avoid any delay. 2. See Concrete and Masonry Sections of these Specifications, for installation of such inserts and anchoring devices. I. Provide for the anchorage of the type shown, coordinated with the supporting structure and the construction program. 1. Fabricate and space anchoring devices as required, to provide adequate support. J. Cut, reinforce, drill and tap metal fabrication work as may be required, to receive finish hardware and similar items of work. K. Use hot-rolled steel bar for work fabricated from bar stock, except where shown or specified, to be fabricated from cold-finished or cold-rolled stock. L. Pre-assemble work at shop to the greatest extent possible, so as to minimise field splicing and assembly of units at the project site. 1. Disassemble units only to the extent necessary, to comply with shipping limitations. 2. Mark units clearly for reassembly and proper installation. M. Where shown as galvanized, complete the shop fabrication prior to the application of the galvanizing. 1. Remove mill scale and rust, clean and pickle the units as required for galvanizing. 2. Apply hot-dip zinc coating of 0.6 kg/m2 in accordance with ASTM A 123. 3.03 INSTALLATION A. Set metal fabrication work accurately in location, alignment and elevation, plumb, level, true and free of rack, measured from established lines and levels. B. Anchor securely as shown, or as required for the intended use, using concealed anchors wherever possible. i. Fastenings to wooden or plastic plugs will not be permitted. 2. Drill holes for bolts to the exact diameter of the bolt, using a rotary drill for masonry and a rotary percussive drill for concrete. C. Fit exposed connections accurately together, to form tight hairline joints. 1. Weld connections, which are not to be left as exposed joints, but cannot be shop welded because of shipping size limitations. 2. Grind joints smooth and touch up shop paint coat. 3. Do not weld, cut or abrade the surfaces of units which have been hot-dip galvanised after fabrication and are intended for bolted or screwed field connections. D. Deliver items, which are to be built into the work of other sections in time, so as not to delay the progress of work. E. Leave work exposed to view clean, smooth and neatly finished. F. Access Covers 1. Access covers, which are surface mounted, shall be set on a bed of sealant and bolted to the cover slab with stainless steel bolts. 2. Access covers, which are flush mounted, shall be grouted into the concrete cover slab. 3.04 PAINTING A. General 05500-13 05500-METAL FABRICATIONS 1. Unless otherwise approved by the Engineer,all metal fabrications shall be cleaned,treated, painted, coated, galvanized, anodized or passivated in the shop prior to delivery to site. 2. Primers selected shall be compatible with finish paints. 3. Include all surfaces, inside and out, whether exposed or concealed, in the construction. 4. Coated products shall be suitably wrapped, packaged or crated to prevent damage to applied coatings. B. Powder coating 1. Use only approved polyester powder suitable for exterior exposure. 2. Min. thickness: 120 mic. 3. Chemically clean and chromate prior to application of powder coating. 4. Preheat cast items to 200°C. a. Sufficient heating time must be allowed for heavy cast items to acquire the above temperature. 5. Apply powder and oven cure a min. of 15 min. at 392°F (200°C). END OF SECTION 05500-14 15120—CHECK VALVES 15120 CHECK VALVES PART 1 - GENERAL Check valves in this section shall be used for the prevention of flow reversal in raw sewage and sludge process flow stream(s) as shown or otherwise indicated on drawings. 1.02 SUBMITTALS A. All valves shall be submitted for approval. B. As a minimum,the submittal should include the following. 1. Manufacturer's name and product data 2. Standard of manufacture 3. List of sizes 4. Pressure rating 5. Materials 6. Shop drawings, showing dimensions and other details PART 2 -PRODUCTS 2.01 GENERAL A. Check valves for preventing flow reversal shall have threaded ends for diameters 3-inches and less,and flanged ends for larger diameters. 2.02 SWING CHECK VALVES 4-INCHES AND LARGER IN DIAMETER A. General 1. Swing check valves shall be of the outside lever and weight type, in accordance with AWWA C508, unless otherwise indicated, with full-opening passages, rated for 250 PSI. 2. Swing check valves shall have a flanged cover piece to provide access to the disc. 3. A dashpot, as described in CI.2.02C below, shall be provided for all valves of 8-inchers diameter and larger. 4. Swing check valve shall be equipped with outside lever and adjustable weight. 5. These valves are for use in raw sewage and sludge service. B. Materials of construction shall be as follows: 1. Body and bonnet shall be fabricated of ASTM A536 ductile iron with flat faced flanged 125- lb ends conforming to ANSI B16.1. 2. Bonnet bolts: Steel cadmium plated ASTM A307, Grade B; ASTM B766,Type NS. 3. Disc and disc arm shall be fabricated of ductile iron conforming to ASTM A536. 4. Disc seat shall be replaceable and securely held in place by stainless steel bolts. The seat shall be EPDM or approved equal. 5. Body Seat: The body seat and rings shall be of Type 304 stainless steel. 6. Hinge pin: The hinge pin shall be fabricated of stainless steel and shall protrude on both sides of the body. C. Dashpot: 1. An adjustable dashpot shall be provided to control the closing cycle of the valve to prevent surge and water hammer. 2. The dashpot shall be a self-contained oil or air system separate and independent from the flow media. PART 3 - EXECUTION 3.01 INSTALLATION 15120-1 15120—CHECK VALVES A. All check valves shall be installed in strict accordance with the Manufacturer's published recommendations. B. Valve installation shall be well supported and valves shall not be supported across flexible couplings and joints. C. Check valves shall be field adjusted to provide quick closure without slamming. END OF SECTION 15120-2 15122-GAUGES SECTION 15122 GAUGES PART 1 - GENERAL 1.01 SUMMARY A. This section specifies the manufacture and installation of fixed mechanical measuring devices normally provided to give local indication of conditions within mechanical systems. 1.03 REFERENCES A. Product manufacture, testing and installation shall comply with the following references, unless otherwise stated in the specification or unless otherwise approved by the Engineer. 1. ASME- B40.1 - Gauges-Pressure Indicating Dial Type- Elastic Element. A. Products specified in this section shall comply with the following general requirements, unless otherwise approved by the Engineer. 1. All gauges, valves, seals, cases, working parts shall be manufactured and filled with materials compatible with media in the system and shall be the manufacturer's best product for given system. 1.05 SUBMITTALS A. Products of all proposed types shall be submitted, for the Engineer's approval, 1. The submittal shall clearly indicate the following: a. Manufacturer's name. b. General Assembly c. Parts identification d. Material identifications e. Connection details f. Spare parts list 1.07 DELIVERY, STORAGE AND HANDLING A. Gauges and meters shall be delivered, handled and stored according to the manufacturer's recommendations. PART 2- PRODUCTS 2.01 PRESSURE GAUGES A. Provide gauges in the discharge of each pump. B. Gauge: Stainless Steel glycerine filled Bourdon type pressure gauge, black scale on white background. C. Case: Stainless Steel with phosphor bronze bourdon tube. D. Dial Size: 4"(100mm diameter minimum. E. Mid-Scale Accuracy: 1/2 percent. F. Scale: Both Feet or psi. G. Process Connections: 1/4"or 1/2"NPT H. All wetted parts: Stainless steel 316 I. Accessories Required: 15122-1 15122-GAUGES 1. Needle Valve. 2. Adjustable pressure snubber. 3. Diaphragm seal isolator. J. Where equipment and pipe-mounted gauges are inaccessible for reading and are subjected to vibration,gauges shall be mounted remote with stainless steel tubing connecting to equipment with shut off at equipment and gauge. K. Discharge gauge ranges shall be a standard commercially available range with the maximum reading not less than 5 bar greater than the pump rated shut off pressure. L. Use compound type suction gauges with a minimum range of 750mm of mercury. 2.03 PRESSURE GAUGE TAPPINGS A. Gauge Cock: Not required. B. Needle Valve: Stainless Steel, 12 mm (1/2 inch) NPT for minimum 1034 kPa (150 psig) C. Pulsation Damper: Pressure snubber, Stainless steel. D. Syphon: Not Required E. Diaphragm seal unit: All wetted parts of stainless steel SS316 and diaphragm of stainless steel SS316. Diaphragm fill oil is Silicone oil. 2.04 TEST PLUGS A. Test Plug: 12mm stainless steel fitting and cap for receiving 12mm outside diameter pressure pipe. B. Test Kit: Carrying case, internally padded and fitted containing two 100mm diameter pressure gauges, two gauge adapters with 12mm probes PART 3 - EXECUTION 3.01 INSTALLATION A. Do not install instrumentation when areas are under construction, except for required rough- in, taps, supports and test plugs. B. Install in accordance with manufacturer's instructions. D. Install pressure gauges with pulsation dampers. Provide needle valve to isolate each gauge. Extend nipples to allow clearance from insulation. E. Coil and conceal excess capillary on remote element instruments. F. Provide instruments with scale ranges selected according to service with largest appropriate scale. G. Install gauges in locations where they are easily read from normal operating level and install vertical to 45 degrees off vertical. H. Adjust gauges and thermometers to final angle, clean windows and lenses, and calibrate to zero. 15122-2 15122-GAUGES 3.02 SCHEDULES A. Pressure Gauge Schedule LOCATION SCALE RANGE Pumps 0 to 50 PSI B. Pressure Gauge Tapping Schedule LOCATION SIZE Pump discharge /2" NPT END OF SECTION 15122-3 15129—WALL AND FLOOR PENETRATION SEALS ITEM 15129 WALL AND FLOOR PENETRATION SEALS PART 1 - GENERAL 1.01 SCOPE A. This section covers the furnishing and installation of wall and floor pipe penetration seals as specified herein and as shown on the drawings. 1.03 SUBMITTALS A. Complete drawings, details, installation procedures and specifications of the wall and floor pipe penetration seals shall be submitted. 1.03 GENERAL A. The Contractor shall furnish and install seals at locations indicated on the drawings.Seals shall be as required or stipulated on the drawings. No changes regarding location or placement shall be made without approval of the Engineer. Seal sizes shall conform to the carrier pipe size and the casing pipe size. Cored holes in existing walls or slabs shall conform to that required for the seal. Workmanship is to be first-class in every detail, and equal to the best standards of workmanship for similar types of installations. PART 2 - PRODUCTS 2.01 MATERIALS A. Seals shall be modular mechanical type, consisting of interlocking synthetic rubber links shaped to fill continuously the annular space between the pipe and wall opening. Links shall be loosely assembled with bolts, to form a continuous rubber belt around; the pipe, with a pressure plate under each bolt head and nut. After the seal assembly is positioned in the sleeve, tightening of the bolts shall cause the rubber sealing elements to expand and provide a watertight seal between the pipe and the wall opening. The seal shall be constructed so as to provide electrical insulation between the pipe and wall,thus reducing the chances of cathodic reaction between these two members. Metal parts shall be stainless steel unless specifically approved otherwise by the Engineer. PART 3 -EXECUTION 3.01 INSTALLATION A. Wall and floor pipe penetration seals shall be installed as per the manufacturer's recommendations, as shown on the drawings,or as herein specified to provide a watertight seal. B. Seals shall be placed at wall and floor penetrations as shown on the drawings. END OF SECTION 15129-4 SECTION QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED TO CITY OF PORT ARTHUR BY ALLCO, LLC [Corporation, PRINCIPAL OFFICE 6720 COLLEGE, BEAUMONT, TX 77707 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 38 YEARS 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor 38 YEARS (b) As a sub-contractor N/A 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner PLEASE SEE THE ATTACHED. 0-1 4 Have complete you ever failed to any work awarded to you? NO If so,where and why? 5. In what manner have you inspected this proposed work? Explain in detail. ATTENDED THE PRE-BID AND VISITED JOBSITE_ 6. Explain your plan or layout for performing the proposed work: IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS. 7. The work, if awarded to you,will have the personal supervision of whom? (a) For administrative management? KEITH BURRELL (b) For resident construction superintendence? ROGER BUDRO (c) What experience in this type of work is enjoyed by the superintendent designated under (b) above? HE HAS OVER 40 YEARS IN THIS INDUSTRY. 0-2 8. What portions of the work do you intend to sub-let? FIELD SYSTEM, VENTILATION SYSTEM 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 PLEASE SEE THE ATTACHED. 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? YES 0-3 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 PLEASE SEE THE ATTACHED. Dated at BEAUMONT this 1ST day of NOVEMBER 2023. BYc—fAAS: WIA-4(: ,--1") _ N''',..* • '...-r) -', T.W. HARRISON _ TITLE: PRESIDENT - ;P •. - 0-4 C 0 m o a -o p --1 0 n v D X. o `cCrbh —. iIi bd z 3 MOM II L,; C/1 1::: 0 l 1 ()--, I ,,.-4;-,: 1. ::. cs- 0 o , , CD mu 7., i tr. - h :I.. cn H W > > - tN) (DK C:;, n -0 t ) @ :::;1 c) P eci •-•-.L ' 63 ra. o _ CO v X 0 N V • N C CCn T , X O �l a - Uc (D in D 0) o O CD o -1 i 0 CD ( J O rig NM II CD - E______, _ 0 CD ~• . v 0 o = 1-5- C4s_ ] O N v �; (-J.) -n i Q 0 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,627,382 City Jasper ARPA 2023 Jasper LJA Engineers Sanitary Sewer Line Jasper 2615 Calder Ste 500 Replacement Texas Beaumont,TX 77702 409-833-3363 808,376 9th Avenue Sanitary 2023 Port Arthur City of Port Arthur Sewer Main Replacement Jefferson 444 4th Street Texas Port Arthur,TX 77640 409-983-8160 2,320,000 Harvey Infrastructure 2023 Beaumont City of Bevil Oaks Improvement Project Hardin 13560 River Oaks Blvd. Texas Beaumont,Texas 77713 409-833-3363 10,000,000 Florida 2023 N/S Florida Florida DEO Commercial/Residential Various 107 E. Madison St. Disaster Recovery Florida Tallahassee,Florida 32399 850-717-8449 9,975,000 Wastewater Treatment 2023 Magnolia City of Magnolia Plant Expansion Montgomery 18111 Buddy Riley Blvd Texas Magnolia,Texas 77354 281-356-2266 4,450,540 Stewart's Creek 2022 Conroe City of Conroe Trunk Line Montgomery 300 W. Davis Street Replacement Texas Conroe, Texas 77301 936-522-3136 1,534,148 City of Orange 2022 Orange Fittz& Shipman Engineers Eagle Point Parkway Orange 1405 Cornerstone Court &Medical Center Dr. Texas Beaumont,Texas 77706 Phase I 409-832-7238 1,280,000 City Nederland 2022 Nederland LJA Engineers Wastewater Treatment Jefferson 2615 Calder Suite 500 Plant Upgrades Texas Beaumont,Texas 77702 409-833-3363 493,332 City Anahuac Sludge 2022 Anahuac LJA Engineers Basin Conversion Chambers 2615 Calder Ste 500 Project Texas Beaumont,TX 77702 409-833-3363 ALLCO LIST OF COMPLE1'bD CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 6,027000 Bolivar Beach Club 2022 Crystal Beach Bolivar Beach Club RV LLC RV Resort Galveston 1709 Hunters Trail Texas Friendswood,Texas 77546 281-639-0451 3,054,000 City of Mont Belvieu 2022 Mont Belvieu Jones Carter Cotton Bayou WWTP Harris 6330 West Loop South Ste 150 Dewatering Facility Texas Houston,Texas 77401 713-777-5337 3,523,000 Lake Tawakoni 2022 Point Sabine River Authority Spillway Channel Rains PO Box 579 Bank Stabilization Texas Orange,Texas 77631 409-746-2192 16,450,000 Washington Blvd 2021 Beaumont City of Beaumont Improvements Jefferson 801 Main Street Texas Beaumont, Texas 77701 409-880-3725 1,100,000 Sewer Plant 2021 Beaumont City of Beaumont Pump Replacement Jefferson 801 Main Street Texas Beaumont, Texas 77701 409-880-3725 12,447,985 Sabine River Authority 2021 Deweyville Gamey Construction Pump Station- Civil Orange 1772 West Sam Houston Pkwy North Piping-Sitework Texas Houston,Texas 77403 281-763-7772 1.383,000 Filter Rehabilitation 2021 Nederland Jefferson County WCID #10 and Clearwell Jefferson 3707 Central Blvd. Texas Nederland,Texas 77627 409-722-6922 1,889,500 Trickling Filters 2021 Beaumont City of Beaumont Rehabilitation Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3752 499.117 City of Woodville 2021 Woodville KSA Engineers Wastewater Treatment Tyler 211 E. Shepherd Ste. 205 Plant Mechanical Screen Texas Lufkin, Texas 75901 936-637-6061 , ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 784,981 Lift Station Emergency 2021 Port Arthur City of Port Arthur Repairs Jefferson 444 Fourth Street Texas Port Arthur,Texas 77640 409-983-8161 46,688,000 Alligator Bayou Pump 2020 Port Arthur Jefferson County Drainage District 7 Station Annex Jefferson P.O. Box 3244 Texas Port Arthur,Texas 77642 409-985-4369 1,400,000 11t'Street 2020 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont, Texas 77701 409-880-3725 892,000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Bar Screen Texas Beaumont, Texas 77701 409-880-3725 75,000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Secondary Clarifier Texas Beaumont, Texas 77701 Junction Box 409-880-3725 5.389,000 Sanitary Sewer System 2020 Liberty HR Green Improvements Phase 1 Liberty 11011 Richmond Ave, Ste 200 Texas Houston, Texas 77042 713-965-9996 5,185,000 Street Rehabilitation 2019 Beaumont City of Beaumont City Wide Phase 1 Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 4,215,000 Levee 26 Construction 2019 Nederland Sabine Neches Navigation District Jefferson P.O. Box 778 Texas Nederland,Texas 77627 409-729-4588 3.095,000 Discharge Pipe 2019 Beaumont Lower Neches Valley Authority 1,2 & 5 Rehab Jefferson P.O. Box 5117 Texas Beaumont,Texas 77726 409-892-4011 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,724,766 Wastewater Treatment 2019 Beaumont Schaumburg&Polk Inc. Sludge Thickner/Belt Jefferson 8865 College Street Press Rehabilitation Texas Beaumont, Texas 77707 409-866-0341 1,058,961 Replacement of 2019 Westlake City of Westlake Sewer Transport Calcasieu Parish P.O. Box 700 Line,Phase 1 Louisiana Westlake,Louisiana 70669 337-433-0691 2,581,500 Water Treatment Plant " 2019 Beeville Enprotec/Hibbs&Todd Pretreatment Improv. Bee 402 Cedar St. Texas Abilene,Texas 79601 832-698-5560 5,343,000 High Surface Pump 2019 Baytown Shrader Engineers Station Improvements Harris 750 Towne& Country Ste 650 Baytown Water Authority Texas Houston, Texas 77042 713-467-9961 3,212,000 Dowlen Road ACP 2019 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 12,605,000 Surface Water Treatment 2018 Port Arthur Arceneaux Wilson& Cole Plant Improvements Jefferson 2901 Turtle Creek Dr. #320 Phase I Texas Port Arthur Texas 77642 409-724-7888 2,861,000 Wastewater Treatment 2018 Orange Schaumburg&Polk Plant Expansion Phase Orange 8865 College Street 2A&2B Texas Beaumont Texas 77707 409-866-0341 726,000 Keith Road 16" Water 2018 Beaumont City of Beaumont Line Installation Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 533,700 Bigner Road Asphalt 2018 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 23,750,000 Surface Water Treatment 2018 Port Arthur Arceneaux Wilson&Cole Plant Improvements Jefferson 2901 Turtle Creek Dr. Ste. 320 Phase 2 Texas Port Arthur Texas 77642 409-724-7888 2,200,000 City of Anahuac 2017 Anahuac Carroll&Blackman Wastewater Treatment Chambers 3120 Fannin Street Plant Rehab Contract A Texas Beaumont Texas 77702 409-833-3363 1,300,000 City of Rose City 2017 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 740,000 Asphalt Road Repairs 2017 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 3,260,000 Jack Brooks Regional 2017 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 2,690,000 Port Acres Wastewater 2016 Port Acres Arceneaux Wilson&Cole Treatment Plant Jefferson 2901 Turtle Creek Dr. #320 Improvements Texas Port Arthur Texas 77642 409-724-7888 3,260,000 Jack Brooks Regional 2016 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 300.000 Site Grading Port 2016 Port Arthur Arceneaux Wilson&Cole Arthur Business Park Jefferson 2901 Turtle Creek Dr. #320 Texas Port Arthur Texas 77642 409-724-7888 740,000 Asphalt Road Repairs 2016 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,300,000 City of Rose City 2016 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 5,600,000 Crenshaw Water Plant 2016 Pasadena City of Pasadena Ground Storage Tank Harris 1114 Davis Street Ste. 300 Texas Pasadena Texas 77506 713-475-4995 7,950,000 Water Treatment Plant 2016 Livingston Enprotec/Hibbs&Todd Lake Livingston Water Polk 402 Cedar Street & Sewer Service Corp Texas Abilene Texas 79601 325-698-5560 1,612,000 Coopers Gully Pump 2015 Orange Carroll& Blackman Inc. Station- City of Orange Orange 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 3,400,000 Water System Improv. 2015 Port Arthur Arceneaux& Gates Keith Lake to Sabine Pass Jefferson 2901 Turtle Creek Drive Standpipe Texas Port Arthur Texas 77642 409-724-7888 1,130,000 Wastewater Treatment 2015 Orange Schaumburg&Polk Plant Improvements Orange 8865 College Street Phase IA&IB Texas Beaumont Texas 77707 409-866-0341 3.200.000 24" Waterline City of 2015 Port Arthur Arceneaux&Gates Port Arthur-19th St. to Jefferson 2901 Turtle Creek Drive Sabine Neches Canal Texas Port Arthur Texas 77642 409-724-7888 3,492,000 Sanitary Sewer Impr 2015 Beaumont City of Beaumont 54" Interceptor Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 1,750,000 Wastewater Collection 2015 Nederland Schaumburg&Polk Inc. Rehabilitation Jefferson 8865 College Street Texas Beaumont Texas 77707 409-866-0341 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 4,500,000 Orange County 2014 Vidor Carroll &Blackman WCID #1 Cloverleaf Orange 3120 Fannin Tiger Lake Lift Texas Beaumont Texas 77702 Station/Force Main 409-833-3363 1.800,000 City of Missouri City 2014 Missouri City Enprotec/Hibbs& Todd Prestressed Concrete Fort Bend 402 Cedar Street Clearwell Texas Abilene Texas 79601 325-698-5560 2,500,000 Asphalt Road Repair 2014 Bridge City d.p. Consulting Engineers City Wide-Bridge Orange 3727 Doctors Drive City Texas Port Arthur Texas 77642 409-983-6263 430,000 Clarifier Rehabilitation 2014 Orange Firestone Polymers Orange 5713 FM 1006 Texas Orange Texas 77630 409-924-4626 457,000 Post Office Lift Station 2014 Port Neches Carroll&Blackman Inc. Improvements Jefferson 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 2,400,000 Fort Polk Sewer 2014 Fort Polk Arceneaux&Gates American Water Vernon 3501 Turtle Creek Drive Louisiana Port Arthur Texas 77642 409-724-7888 10,000,000 Richland Chambers 2013 Fairfield Alan Plummer Associates Wetland Expansion Navarro 1349 Empire Central Ste 1000 Improvements Texas Dallas Texas 75247 214-631-6100 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,000,000 Water System 2013 Nederland City of Nederland Improvements Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 2,700,000 Sanitary Sewer 60" 2013 Beaumont City of Beaumont Trunk Outfall Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 1,150,000 Asphalt Road Repair 2013 Bridge City d.p. Consulting Engineers Repair City of Bridge City Orange 3727 Doctors Dr. Texas Port Arthur Texas 77642 409-983-6263 9.971,000 Main&Port Acres 2012 Port Arthur Arceneaux& Gates WWTP Rehabilitation Jefferson 2901 Turtle Creek Dr. Ste. 201 City of Port Arthur Texas Port Arthur Texas 77642 409-724-7888 3,500,000 Sanitary Sewer 2012 Port Arthur City of Port Arthur Rehab Contract 6 Jefferson P.O. Box 1089 Texas Port Arthur Texas 77640 409-983-8226 1,700,000 Diboll Water System 2012 Angelina KSA Engineers Northside Diboll 107 W. Lufkin Avenue Texas Lufkin Texas 75904 936-637-6061 639,000 Nacogdoches WWTP 2012 Nacogdoches Schaumburg&Polk Inc. 2010 Improvements Nacogdoches 8865 College Texas Beaumont Texas 77707 409-866-3413 3,100,000 Sanitary Sewer 2012 Nederland City of Nederland Rehab 2009 Project Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 800,000 Waterline Installation 2011 Beaumont City of Beaumont Large Diameter Main Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 r s ALLCO LIST OF COMPLE 1'ED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,950,000 Wastewater Treatment 2011 Liberty Schaumburg&Polk Inc. Plant Improvements Liberty 8865 College Street Texas Beaumont Texas 77707 409-866-0341 2,000,000 Water& Sewer 2010 Orange City of Orange Area II&III Orange P.O.Box 520 Texas Orange Texas 77630 409-883-1900 1,400,000 Sanitary Sewer 2010 Beaumont City of Beaumont Rehab Project Jefferson 1350 Langham Contract XIV Texas Beaumont Texas 77707 409-785-3000 8,500,000 Water Treatment Plant 2010 Beaumont City of Beaumont Expansion/Renovations Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 4,000,000 Full Dept Concrete 2010 Beaumont City of Beaumont Repair Project Jefferson P.O. Box 3872 Texas Beaumont Texas 77704 409-785-3000 6,700,000 Wastewater Treatment 2009 Dayton O'Malley Engineers Plant Renovations Liberty 1306 North Park Texas Brenham Texas 77833 979-836-7937 3,200,000 Wastewater Treatment 2009 Woodlands Carter&Burgess Inc. Plant Improvements Montgomery 55 Waugh Suite 800 Texas Houston Texas 77007 713-869-7900 25,000,000 East Fork Raw Water 2009 Wylie Alan Plummer Associates Supply Wetland Collin 1349 Empire Centra Ste 1000 Construction Project Texas Dallas Texas 75247 214-631-6100 2,700,000 Alabama Command 2009 Orange Port of Orange Control Center Orange 1201 Childers Road Texas Orange Texas 77630 409-883-4363 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,333,000 Water Treatment 2009 Carthage KSA Engineers Plant Improvements Panola 140 E.Tyler Suite 600 Phase I Texas Longview Texas 75601 936-637-6061 5,500,000 Rolphe Christopher 2009 Beaumont City of Beaumont Blvd. Renovations Jefferson P.O. Box 3827 Texas Beaumont Texas 77704 409-785-3000 13.200,000 FM 1179 2008 Bryan Texas Dept of Transportation Road Improvements Brazos 1300 N. Texas Avenue Texas Bryan Texas 77803 979-778-2165 2,100,000 US 69 Frontage Roads 2008 Nederland Texas Dept of Transportation Nederland Ave&Hwy Jefferson 8350 Eastex Freeway 365-Jefferson County Texas Beaumont Texas 77708 409-898-5711 5.000.000 Avocet Oceanfront 2008 Bolivar Avocet Oceanfront Villas LLP Villas Galveston 3112 East Fourth Avenue Texas Durango, Colorado 81301 1,000,000 Seagrass Development 2008 Caplen Seagrass-Caplen LLC Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 5,200.000 Phelan Boulevard 2008 Beaumont City of Beaumont Extension Jefferson P.O. Box 3827 Texas Beaumont,Texas 77704 409-785-3000 3,200,000 2006 Sanitary Sewer 2008 Lumberton Lumberton M.U.D. Improvements Contract C Hardin 55 W. Chance Cut-Off Texas Lumberton,Texas 77656 409-755-1559 3,800,000 Water Transmission Line 2008 Bolivar Schaumburg&Polk Inc. Singing Sands to Port Galveston 8865 College Street Bolivar Texas Beaumont Texas 77707 409-866-0341 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,300,000 Water Treatment Plant 2008 Carthage City of Carthage Improvements Phase II Panola 812 W. Panola Texas Carthage Texas 75633 903-693-3868 9,500,000 Safety Rest Areas 2008 Livingston Texas Dept of Transportation Hwy 59 Polk County Polk 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 24,200,000 Highway 96 2007 Kirbyville Texas Dept of Transportation Construction Jasper 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 3,100,000 Wastewater Treatment 2007 Galveston City of Galveston Plant Renovations Galveston P.O. Box 779 Texas Galveston Texas 77553 409-797-3630 2,600,000 Water Treatment Plant 2007 Winnie Carroll&Blackman Inc. Trinity Bay Conservation Chambers 3120 Fannin District Texas Beaumont Texas 77702 409-833-3363 9,900,000 Wastewater Collection 2006 Port Arthur Bob Shaw Consulting Engineers Rehab Pioneer Park Jefferson 4749 Twin City Highway &Griffing Park Texas Port Arthur Texas 77643 409-963-0263 $1,600,000 FM 1131 Roadway 2006 Deweyville Texas Dept of Transportation Orange County Orange 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 $1,000,000 Audubon Village 2006 Gilchrist Audubon Village LLC Development Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 7,000,000 Walden Development 2006 Beaumont Crescent-Walden LLC Phase I&II Jefferson P.O. Box 7754 Texas Beaumont,Texas 77726 409-861-4459 . ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 8,500,000 FM 364 Major Drive 2005 Beaumont Texas Dept of Transportation Construction Jefferson 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 6,000,000 Laguna Harbor 2005 Port Bolivar Laguna Resources Ltd. Resort Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 3,200,000 High Island to Singing 2005 Stowell Lower Neches Valley Authority Sands Transmission Chambers 7850 Eastex Freeway Line Contract IV Texas Beaumont,Texas 77708 409-892-4011 4,200,000 City of Nacogdoches 2004 Nacogdoches Schaumburg&Polk WW Collection System Nacogdoches 8865 College Street SS Replacement Texas Beaumont,Texas 77707 409-866-0341 4,200,000 West Regional Water 2004 Winnie Lower Neches Valley Authority System Transmission Chambers 7850 Eastex Freeway Line Texas Beaumont,Texas 77708 409-892-4011 4.100,000 Water Treatment Plant 2004 Fannett dp Consulting Engineers West Jefferson Jefferson 3800 Highway 365 Municipal Water Dist Texas Port Arthur, Texas 77642 409-983-6263 2,200,000 Orleans Street Inter- 2004 Beaumont City of Beaumont Locking Pavers Jefferson P.O. Box 3827 Texas Beaumont,Texas 77704 409-785-3000 1,300,000 Jasper County FM82 2004 Kirbyville Texas Dept of Transportation Jasper 8350 Eastex Freeway Texas Beaumont,Texas 77708 409-898-5711 1,100,000 WWTP Bar Screen& 2004 Beaumont City of Beaumont Belt Press Conveyor Jefferson 1350 Langham Texas Beaumont, Texas 77706 409-785-3000 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 9,100,000 Highway Construction 2003 Beaumont Texas Dept of Transportation Jefferson County Jefferson 8350 Eastex Freeway IH-10 Feeder Roads Texas Beaumont, Texas 77708 409-898-5711 9,600,000 Highway Construction 2003 Beaumont Texas Dept of Transportation Jefferson County Jefferson 8350 Eastex Freeway SP 93-Phase III Beaumont Beaumont,Texas 77708 409-898-5711 3,500,000 Highway Construction 2003 Buffalo Texas Dept of Transportation Freestone County Freestone 2800 Commerce Street East Highway 164 Texas Buffalo,Texas 75831 713-802-5551 5.500.000 Wastewater Treatment 2003 Nederland Schaumburg&Polk, Inc. Plant Renovations Jefferson 8865 College Street Texas Beaumont,Texas 77707 409-866-0341 849,000 Distribution Parallel 2003 Texas City Gulf Coast Water Authority 66" Line Galveston 3630 Highway 1765 Texas Texas City,Texas 77591 409-935-2438 13,535,000 Highway Construction 2002 Orange Texas Dept of Transportation Orange County Orange 3128 Highway 62 Highway 87 Texas Orange, Texas 77632 409-883-3476 5,500,000 Drainage& Street 2002 Beaumont City of Beaumont Improvements Jefferson P.O. Box 3827 Concord Road Texas Beaumont, Texas 77704 409-785-3000 1,370,725 Highway Construction 2000 Saratoga Texas Dept of Transportation FM787 Bridge Project Hardin 1150 Avenue N Texas Silsbee, Texas 77656 409-385-5269 2,000,000 Highway Construction 1999 Beaumont Texas Department of Transportation Jefferson County Jefferson 8350 Eastex Freeway Walden Road Project Texas Beaumont,Texas 77708 409-898-5711 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 7,200,000 Wastewater System 1998 Mauriceville Schaumburg&Polk,Inc. Improvements Orange 8865 College Street Contract 3,4,& 5 Texas Beaumont, Texas 77707 409-866-0341 7,250,000 Highway Construction 1998 Beaumont Texas Department of Transportation SP93 West Port Arthur Jefferson 8350 Eastex Freeway Phase II Texas Beaumont,Texas 77708 409-898-5711 1,300,000 New Water& Sewer 1998 Pineland Hogan Corporation/City of Pineland Improvements-Delta Sabine 101 Dogwood Heights&Hwy 96 Area Texas Pineland,Texas 75968 409-381-8811 3,365,583 South Park Drainage 1997 Beaumont Schaumburg&Polk, Inc. Project Jefferson 8865 College Street Texas Beaumont,Texas 77707 409-866-0341 4,300,000 Water Treatment 1996 Nederland City of Nederland Facility&New Office Jefferson 1400 Boston Avenue Buildings Texas Nederland,Texas 77627 409-723-1542 4.200,000 Wastewater Treatment 1996 Lumberton Schaumburg&Polk, Inc. Facility&Plant Hardin 8865 College Street Buildings Texas Beaumont,Texas 77707 409-866-0341 ALLCO REFERENCES ARCENEAUX,WILSON& COLE ENGINEERS MR. JOE WILSON, P.E. 2901 TURTLE CREEK DR. SUITE 320 PORT ARTHUR TEXAS 77642 409-724-7888 joe.wilson@awceng.com LJA ENGINEERING, INC. MR. CALVIN PROSEN, P.E. 2615 CALDER, SUITE 500 BEAUMONT TEXAS 77702 409-833-3363 cprosen@ljaengineering.com FITTZ - SHIPMAN MR. DON KING,P.E. 1405 CORNERSTONE COURT BEAUMONT,TEXAS 77706 409-832-7238 dking@fittzshipman.com SCHAUMBURG&POLK ENGINEERS MR. RICKY J.BOURQUE,P.E. 8865 COLLEGE STREET BEAUMONT TEXAS 77707 409-866-0341 rbourque@spi-ena.com PAGE 2 REFERENCES ALLCO CITY OF ORANGE MR. ADAM JACK,P.E. 812 N. 16TH ORANGE 1'bXAS 77630 409-883-1900 aj ackAorangetexas.org ORANGE COUNTY W.C.LD.NO. 1 MR.NORMAN BLACKMAN, P.E. 460 E. BOLIVAR STREET VIDOR TEXAS 77662 409-769-2669 nblackman@ocwcl.com PORT OF PORT ARTHUR MR. ED LONG,P.E. 221 HOUSTON AVENUE PORT ARTHUR, TEXAS 77642 409-983-2011 ed@portpa.com CITY OF PORT ARTHUR DR. HANI TOHME, P.E. 444 4TH STREET PORT ARTHUR TEXAS 77640 409-983-8226 hani.tohme@portarthurtx.gov i ALLCO SELECTED LIST OF COMPLE l'ED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,919,258 R.W. Vincent 2023 Sulphur Calcasieu Parish Board Elementary Calcasieu 3310 Broad Street Hurricane Repairs Louisiana Lake Charles, LA 70615 1,817,000 Vinton Middle 2023 Vinton Calcasieu Parish Board School &Elementary Calcasieu 3310 Broad Street School Repairs Louisiana Lake Charles, LA 70615 10,000,000 Textile Manufacture 2022 Ghent Pure Renewable Systems Facility Belgium 6712 E. 118 Street Bixby Oklahoma 74008 20,000,000 CDBG- 2020 Houston General Land Office Residential Harris 1700 Congress Ave. Construction Services Texas Austin,Texas 78701 43,600,000 CDBG-Texas 2020 Southeast Texas General Land Office Commercial/Residential Various 1700 Congress Ave. Disaster Recovery Texas Austin,Texas 78701 22,435,000 STEPS &Roofing 2019 St. Thomas and Virgin Island Housing Authority Programs St. John 3202 Demarara Plaza, Suite 200 Virgin Islands St. Thomas,Virgin Islands 00802 150.000 Repairs 2019 Beaumont St. Anthony Cathedral Basilica Jefferson 700 Jefferson Street Texas Beaumont,Texas 77701 12,000,000 PREPS - 2018 Southeast Texas General Land Office Construction Services Various 1700 Congress Ave. Texas Austin, Texas 78701 1,300,000 DALHR Program 2018 Southeast Texas General Land Office Residential Construction Various 1700 Congress Ave. Services Disaster Recovery Texas Austin, Texas 78701 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 15,990,000 New High School 2016 Buna Architectural Alliance Buna Independent Jasper 350 Pine Street Ste. 720 School District Texas Beaumont Texas 77701 13,000,000 New Training/Office 2015 Nederland Mark Magnuson Architects Facility-Industrial Jefferson P.O. Box 901 Safety Training Council Texas Bridge City Texas 77611 1,6000,000 New Softball Complex 2015 Beaumont Lamar University CMAR Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 2,200,000 Tennis Courts Covered 2015 Beaumont City of Beaumont Uncovered&Loggia Jefferson 801 Main Street Design/Build Project Texas Beaumont Texas 77701 1,150,000 Tennis Center Pro 2014 Beaumont The LaBiche Architectural Group Shop/Clubhouse Jefferson 7999 Gladys Beaumont Athletic Texas Beaumont Texas 77706 Complex 730,000 Setzer Center Student 2014 Beaumont Lamar University I Center Roof Replacement Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 I 325,000 Dishman Art Building 2014 Beaumont Lamar University Roof Replacement Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 23,700,000 South Park Middle 2013 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 11,500,000 German Pellets Plant 2013 Woodville Evans Contractors Woodville Texas Tyler 704 Hembree Place Texas Roswell Georgia 30076 P ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,379,600 Outdoor Education 2013 Sabine Pass The LaBiche Architectural Group Service Center Jefferson 7999 Gladys Suite 101 Sabine Pass I.S.D. Texas Beaumont Texas 77706 2,497,000 Regional Marine 2013 Sabine Pass Jefferson County Security Center Jefferson 1149 Pearl Street Texas Beaumont Texas 77701 38,000,000 High School Renovation 2012 Port Neches Port Neches I.S.D. &Additions Jefferson 643 Ave C Texas Port Neches Texas 77651 18,100,000 New French Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 17,200,000 New Fehl Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 17,400,000 New Dunbar Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 10,500,000 Stilwell Education 2011 Port Arthur Port Arthur I.S.D. Support Center Jefferson 733 5th Street Texas Port Arthur Texas 77640 18,300,000 New Martin Elementary 2011 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 16,000,000 New Blanchette 2011 Beaumont Beaumont I.S.D. Elementary School Jefferson 3395 Harrison Texas Beaumont Texas 77706 PP- ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 15,500,000 Thomas Edison 2011 Port Arthur Port Arthur I.S.D. Middle School Jefferson 733 5th Street Texas Port Arthur Texas 77640 14,000,000 New Amelia 2010 Beaumont Beaumont I.S.D. Elementary Jefferson 3395 Harrison Texas Beaumont Texas 77706 4,500,000 Travis Elementary 2010 Port Arthur Port Arthur I.S.D. Renovations Jefferson 733 5th Street Texas Port Arthur Texas 77640 3,100,000 Stadium Renovations 2010 Port Arthur Port Arthur I.S.D. Jefferson 733 5th Street Texas Port Arthur Texas 77640 85,000,000 Memorial High 2009 Jefferson Port Arthur I.S.D. School New Facility Port Arthur 733 5`h Street Texas Port Arthur, Texas 77640 12,400,000 New Memorial High 2009 Jefferson Port Arthur I.S.D. School C.A.T.E Port Arthur 733 5th Street Building Texas Port Arthur,Texas 77640 5.960,000 New Practice Gyms 2008 Beaumont Beaumont I.S.D. Marshall,Austin, Odom Jefferson 3395 Harrison Vincent Middle Schools Texas Beaumont Texas 77706 10,000,000 Robert E. Lee 2007 Port Arthur Natex Corporation Elementary Jefferson 2500 Wilcrest 3rd Floor Texas Houston, Texas 77042 18,000.000 McDonald Gym 2007 Beaumont Lockwood Andrews Newnam Recreational Facility Jefferson 2925 Briarpark Drive Lamar University Texas Houston,Texas 77042 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 9,000,000 DeQueen Elementary 2006 Port Arthur Long Architects Inc. School Facility Jefferson 6465 Calder Suite 206 Texas Beaumont Texas 77706 670.000 Kinsel Lincoln 2005 Beaumont Kinsel Auto Mall Mercury Dealership Jefferson 3355 Eastex Freeway Texas Beaumont, Texas 77706 5,858,650 Performing Arts 2004 Port Arthur Texas University System Center Jefferson Lamar State College Texas Port Arthur, Texas 77640 1,400,000 Eagle Climatized 2004 Port Neches M.O. Turner Self Storage Jefferson Nederland, Texas 77627 Texas 140,400 Information Tech 2004 Port Neches ISP Elastomers EH& S Jefferson Port Neches,Texas 77651 Texas 211,100 Chlorine Building 2004 Lumberton City of Beaumont Loeb Water Plant Hardin P.O. Box 3827 Texas Beaumont, Texas 77704 4.300,000 Wesley United 2004 Beaumont LaBiche Architectural Group Methodist Church Jefferson 7999 Gladys Suite 101 Texas Beaumont, Texas 77706 295,000 Customer Service 2003 Port Neches ISP Elastomers Building Jefferson Port Neches,Texas 77651 Texas 369,000 City of Port Neches 2003 Port Neches LaBiche Architectural Group Service Center Jefferson 7999 Gladys Suite 101 Building Texas Beaumont, Texas 77706 8,690,424 Five-Story Parking 2002 Beaumont Hellmuth Obata&Kassabaum Garage St.Elizabeth Jefferson 2800 Post Oak Blvd Ste 3700 Hospital Texas Houston, Texas 77056 413,000 Kinsel Chrysler-Jeep 2002 Beaumont Kinsel Auto Mall Mazda Showroom Jefferson 3355 Eastex Freeway Texas Beaumont, Texas 77706 y ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or I Amount Work Completed City/County/State Owner Representative 735,700 Beaumont Pediatrics 2002 Beaumont The LaBiche Architectural Group Center Memorial Jefferson 7999 Gladys Suite 101 Hermann Hospital Texas Beaumont,Texas 77706 345.000 Kinsel Auto Mall 2002 Beaumont Kinsel Auto Mall & Facilities Jefferson 3355 Eastex Freeway Texas Beaumont, Texas 77706 8,661,400 Southeast Texas 2002 Beaumont Long Architects Entertainment Jefferson 6465 Calder Suite 206 Amphitheater Facility Texas Beaumont, Texas 77706 200,000 Ferguson Baseball 2001 Beaumont Ferguson Sports Foundation Practice Building Jefferson 490 Park Street Texas Beaumont,Texas 77701 15,869,200 Pietzsch-MacArthur 2000 Beaumont Beaumont Independent School District Elementary Jefferson 3395 Harrison Texas Beaumont, Texas 77706 23,000,000 Silsbee High 2000 Silsbee Silsbee Independent School District School Hardin 415 West Avenue N Texas Silsbee,Texas 77656 5,000,000 Newton Middle 1999 Newton Bay Architects,Inc. School Newton 18201 Gulf Freeway Texas Webster, Texas 77598 355,850 MRI Addition 1999 Beaumont Milton Bell Associates Beaumont Bone Jefferson 711 San Jacinto Building &Joint Institute Texas Beaumont, Texas 77701 6,100,000 Ozen High School 1999 Beaumont Architectural Alliance Additions-Alteration Jefferson 6654 Phelan Blvd. Texas Beaumont, Texas 77706 9,120,000 Dishman Elementary 1999 Beaumont Bay Architects,Inc Jefferson 18201 Gulf Freeway Texas Webster, Texas 77598 25,000,000 Water Treatment 1998 Port Arthur Black&Veatch,Inc. Plant Contract II Jefferson 5728 LBJ Freeway Suite 300 &Plant Buildings Texas Dallas, Texas 75240 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,000,060 Monsignor Kelly 1997 Beaumont Steinman&Associates High School Jefferson 390 Ninth Street Multipurpose Bldg. Texas Beaumont, Texas 77702 2,500,000 Austin Middle 1997 Beaumont Bay Architects,Inc. School Jefferson 18201 Gulf Freeway Texas Webster,Texas 77598 565,997 Beaumont Institute 1995 Beaumont Bruce Baxter Architect Jesus Christ of Jefferson 2307 North Street Ladder Day Saints Texas Beaumont, Texas 77702 18,500,000 Golden Triangle 1995 Beaumont Texas Youth Commission State School Jefferson P. O. Box 4260 Texas Austin, Texas 78765 2,787,700 Hardin County 1994 ' Kountze Adams,Richardson, &Fisher,Inc. Jail Addition Hardin 1313 S. John Redditt Drive Texas Lufkin,Texas 75901 899,250 West Harbor Island 1994 Beaumont Architectural Alliance Transit Shed Jefferson 6654 Phelan Boulevard Texas Beaumont, Texas 77706 96,031 Replace Roof on 1994 Beaumont Goodyear Tire&Rubber Finishing Building Jefferson P.O. Box 26003 Texas Beaumont,Texas 77720 10,500,000 Jefferson County 1993 Beaumont Jefferson County Commissioners Correctional Jefferson P.O. Box 4025 Facility Texas Beaumont, Texas 77704 162,454 Campus Site Work 1992 Port Arthur Moore Stansbury&Vaught Architect Lamar University Jefferson 3100 25th Street Texas Port Arthur, Texas 77640 183,250 Additions/Alterations 1992 Beaumont Gordy&Huffhines,Inc. to Recital Hall Jefferson 479 Pine Street Lamar University Texas Beaumont, Texas 77701 206,400 Carl Parker Building 1992 Beaumont Moore Stansbury&Vaught Architects Photographic Services Jefferson 3100 25th Street Reconstruction Texas Port Arthur, Texas 77640 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,700,000 Commercial 1991 Nederland, AMI Mid-Jefferson Hospital Construction Jefferson Highway 365 @ 27th Street Texas Nederland, Texas 77627 698,000 Lab,Maintenance 1991 Beaumont Goodyear Tire &Rubber Company &Power House Jefferson P.O. Box 26003 Constr. &Renov. Texas Beaumont, Texas 77720 105,000 New Branch 1991 Beaumont Parkdale Bank Bank Facility Jefferson P. O. Box 3567 Washington Blvd. Texas Beaumont, Texas 77726 191,000 CT Scan 1991 Nederland AMI Mid-Jefferson Hospital Facility Jefferson Highway 365 &27th Street Texas Nederland, Texas 77627 750,000 Ash Containment 1991 Port Arthur Schaumburg&Polk,Inc. Storage Area- Jefferson 8865 College Street Building Texas Beaumont,Texas 77707 2,045,000 Commercial 1990 Beaumont MHMR of Southeast Texas Construction Jefferson 2850 S. 8t Street Texas Beaumont, Texas 77701 125,000 Foundation 1990 Port Arthur Star Enterprise and Building Jefferson P. O. Box 712 Texas Port Arthur, Texas 77641 125,200 Operator's 1990 Port Arthur Star Enterprise Shelter,VPS#2 Jefferson P. O. Box 712 Texas Port Arthur,Texas 77641 150,000 Engineering 1989 Port Arthur Star Enterprise &Drafting Jefferson P. O. Box 712 Space Renov. Texas Port Arthur, Texas 77641 647,455 Expansion of 1988 Beaumont Lamar University North Central Jefferson P.O. Box 10016 Plant Utilities Texas Beaumont, Texas 77710 692,080 Additions 1988 Beaumont Parkdale Bank &Renovations Jefferson P.O. Box 7588 to Bank Texas Beaumont,Texas 77706 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,411,111 Warehouse 1987 Beaumont Tideland Specialty Addition Jefferson P.O. Box 4046 Texas Beaumont, Texas 77704 165,253 Bank 1987 Port Arthur Mbank-Port Arthur Renovations Jefferson P.O. Box 1000 Texas Port Arthur,Texas 77641 395,741 Addition to 1987 Beaumont St. Andrews'Presbyterian Church Jefferson 1350 23rd Street Texas Beaumont, Texas 77706 133,814 Alterations 1987 Beaumont Southwestern Bell Telephone Company to Building Jefferson 3100 Main,Room 609 Texas Houston,Texas 77002 161,852 Emergency 1986 Conroe Doctors Hospital Room Montgomery P.O. Box 1349 Alterations Texas Conroe, Texas 77301 1 202,093 Bank Bldg. 1986 Beaumont MBank-Beaumont Renovations Jefferson P.O. Box 3567 Texas Beaumont, Texas 77704 I ALLCO REFERENCES BEAUMONT INDEPENDENT SCHOOL DISTRICT MS.NAKISHA MYLES nmyles@bmtisd.com 409-617-5042 -phone 409-923-1015 -fax PORT ARTHUR INDEPENDENT SCHOOL DISTRICT REED RICHARD rrichard@paisd.org 409-989-6200 -phone 409-983-7499 -fax PORT NECHES INDEPENDENT SCHOOL DISTRICT JEFF BERGERON jbergeron@pngisd.org 409-722-4483 -phone 409-724-7864 -fax LONG ARCHITECT PHILIP LONG nlong@longarchitects.com 409-866-3443 phone 409-866-3603 -fax SHW ARCHITECTS ERIN MACHAC emachac@stantec.com 713-548-5700 -phone 713-548-5701 -fax ARCHITECTURAL ALLIANCE RONNIE JONES rj ones@architect-aia.com 409-866-7196-phone 409-866-7199- fax PBK ARCHITECTS STEVE DAYLOR(now with Huckabee 281-520-4995) sdaylor@Huckabee-inc.com 713-965-0608 -phone 713-961-4571 -fax av U c ea c 0 0000 0 0 0 0 000 0 0 0 0 0 0 0 0 0 C) 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 O O � O W O IS e-i `i N e�i ON N O U N O M N M N M M M N N M 7. 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C F- Q O Ln N cr1 c� C cO m O O O a) CO ++ Y > ,_ y h0 y W Q C C F_ fO 4 N N N N L W V C a C W 3 Z Z f0 (C C O '1 ZO OOOOp V CZc < C ' a) a) -C '' z O en O @ 2 S 2J D In O > iv O D C V _ CC CC < Y O I n' el,CUo i N ., In [TO (9 X 0.1 0 U a! 0 C co VI O CO) a 00 LC) L() Ol 01 N tD 0) 0) lD ,-1 .-i 0 O) 0 O) 0) e I ,1 ,'-1 O O 0 0) O 0) 0) 0 0 O N N N .--I N .--I ,--I N N N ,-I LID CO 01 CO 0 0 OO 0 CO N M ,--I N c-I e 1 N O 0 Cr 00 V N co O Ir) N Lrl O) M e--1 CO e1 N ,—I M 01 lD ID 0 ,--I N N N 00 0l N N ei II) O 0 0 N Cr LC N CO 0 co co Lc) co .-I N N V ,-1 O) LC) 0 0) 01 O O a-I c-I ei e--1 .-i ,--I ,--I e-I N N N N (-4 M Cr Cr V In I.D N Ol O) O1 V 0) 0) Ol al O) 0) 0) O) 01 0) Ol O) 0) Ol 01 0) O) 01 OO Ol 0) O) O) O) 01 ,--I Lf1 CI' CO 1--1 COC) Cr N N Cr 01e-i NCO Nrn O) 0 CO O1 O, coO) N 01DJ CO Ir) CFI ,-i M Irl N Cr N N N N N Cr Cr O r, L., N Cr N a, O) tD Cr N CO 00 e1 CO e1 N ei ei 01 ,--I CO CO 01 co co 01 CO N CO 01 N 04 CO CO 01 01 CO ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 73,643,000 Main Wastewater 25% Port Arthur City of Port Arthur Treatment Plant Jefferson 444 Fourth Street Improvements Texas Port Arthur,Texas 77640 13,371,000 Military Housing 98% Pineville Louisiana Military Department Camp Beauregard Beauregard 718 E Street Louisiana Pineville,LA 71360 25,241.000 Colliers Ferry Pump 50% Beaumont Freese&Nichols Station Jefferson 11200 Broadway Ste 2320 Beaumont Pearland,TX 77584 4,377,370 Street Rehabilitation 30% Port Arthur City of Port Arthur Program District 1 Jefferson 444 4`h Street Texas Port Arthur,Texas 77640 • 21,804,200 MCMUD#8 Biological 85% Conroe Jones/Carter Nutrient Removal Montgomery 6330 West Loop South Ste 150 WWTP Texas Bellaire Texas 77401 11,656,000 Harris County 90% Cypress DAC Engineers MUD#165 WWTP Harris 17725 Katy Freeway Ste 103 Expansion Plant#2 Texas Houston, Texas 77094 Phase 1 8,298,511 City of Anahuac 88% Anahuac LJA Engineers WWTP Expansion Chambers 2615 Calder Ste 500 Contract C Texas Beaumont, Texas 77702 3,034,384 Placement Area 8 90% Port Arthur Sabine Navigation District Levee Project Jefferson 8180 Anchor Drive Texas Port Arthur, TX 77642 1,664,700 Pine Street SWTP 65% Beaumont City of Beaumont Polymer System& Jefferson 801 Main Street Chemical Storage Tank Texas Beaumont, TX 77701 1,380,355 El Vista Sanitary Sewer 30% Port Arthur City of Port Arthur Force Main Replacement Jefferson 444 4th Street Texas Port Arthur,TX 77640 ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,341,725 City of Orange Meeks 25% Orange Schaumburg&Polk Water Treatment Plant Orange 8865 College Street Improvements Texas Beaumont, TX 77707 2,996,544 Water System 1% Livingston Schaumburg&Polk Improvements Lake Polk 8865 College Street Water Supply Corporation Texas Beaumont, TX 77707 1.660,950 Water Plant GST&HPT 1% Magnolia Baxter&Woodman Additions Montgomery 18111 Buddy Riley Rd. City of Magnolia Texas Magnolia,TX 77354 20,228,978 Pine Street 48" Raw 0% Beaumont City of Beaumont Water Line Jefferson 1350 Langham Texas Beaumont, TX 77707 207,994 Elevated Storage Tank 0% Port Arthur City of Port Arthur Piping Repairs Dallas Jefferson 444 4th Street @ 4`h Street Texas Port Arthur,TX 77640 POLLANS & COHEN, P.C. CERTIFIED PUBLIC ACCOUNTANTS SUITE 810 470 ORLEANS BEAUMONT,TEXAS 77701 (409)832-7400 (409)832-4288 FAX INDEPENDENT AUDITOR'S REPORT To the Members of Allco, LLC, Subsidiary and Affiliate Beaumont,Texas Opinion We have audited the accompanying combined and consolidated financial statements of Allco, LLC (a Texas limited liability company), its subsidiary and its affiliate which comprise the combined and consolidated balance sheet as of December 31, 2021, and the related combined and consolidated statements of income and comprehensive income, equity, and cash flows for the year then ended, and the related notes to the financial statements. In our opinion, the combined and consolidated financial statements referred to above present fairly, in all material respects, the financial position of Allco, LLC, its subsidiary and affiliate, as of December 31, 2021, and the results of their operations and their cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Allco, LLC, its subsidiary and its affiliate and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit.We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Allco LLC, its subsidiary and its affiliate's ability to continue as a going concern within one year after the date that the financial statements are available to be issued. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements, including omissions, are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards,we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements,whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Allco LLC, its subsidiary and its affiliate's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Allco LLC, its subsidiary and its affiliate's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Report on Combined and Consolidated Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The supplementary schedules on pages 25-29 are presented for purposes of additional analysis and are not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. �dla w� fr CoJ.er4 C. Beaumont, Texas November 3, 2022 1 ALLCO, LLC, SUBSIDIARY AND AFFILIATE COMBINED AND CONSOLIDATED BALANCE SHEET DECEMBER 31, 2021 Assets Current Assets $ 9,595,069 Cash 1,071,245 15,721,597 Marketable securities Accounts receivable (including retainage$4,263,888) 123,374 Deposits 192,913 2, 92,9 Cash value of life insurance Contract assets 25 , 53 Growth purchase price, current portion 220,0 5 18 Deferred purchase price, current portion Other current assets 21,18329,402,854 Total Current Assets Fixed Assets 200.000 Land 23,805,323 Machinery and equipment 3,805,323 Vehicles 45,538 30,445,53 Furniture and fixtures Total Fixed Assets (26,598,663)1 47 Less; Accumulated depreciation3,880,398 Total Fixed Assets, Net Other Assets ,5 91417 Long-term receivables 14,914,517 Other asset ,34 00 2, 2779 Growth purchase price 327, 79 Deferred purchase price 18,311,996 Total Other Assets $ 51,595,248 Total Assets The accompanying notes are an integral part of these combined and consolidated financial statements. -3- ALLCO, LLC, SUBSIDIARY AND AFFILIATE COMBINED AND CONSOLIDATED BALANCE SHEET DECEMBER 31, 2021 Liabilities and Members'Equity Current Liabilities Accounts payable and accrued expenses(including retainage of$1,930,501) $ 8,915,779 Contract liabilities 259,075 Notes payable 5,537,809 Other current liabilities 113,611 Total Current Liabilities 14,826,274 Long-Term Liabilities Notes payable 8,658,194 Long-term accounts payable 620,545 Other long-term liabilities 1,226,300 Total Long-Term Liabilities 10,505,039 Total Liabilities 25,331,313 Equity Members'equity 26,263,935 Total Liabilities and Members'Equity $ 51,595,248 The accompanying notes are an integral part of these combined and consolidated financial statements. -4- SECTION HOUSE BILL 89 VERIFICATION i I t House Bill 89 Verification I, T.W. HARRISON (Person name), the undersigned representative (hereafter referred to as "Representative") of ALLCO, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. �: r4 i -rkAD "•c i: .../ ri , _;•...`....C? =-.., SIGNATURE OF REPRESENTATIVE `•. 7 - T.W. HARRISON - PRESIDENT �0 ,:, ti SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1 sir day of NOVEMBER , 2023 . t PY pU JACQUELINE CHRISTOPHER 1 1 /��,°� Notary Public,State of Texas t C- -, ,k;L,C -' );. z. t NQ` •Q Comm.Expires 05 21 2024 ? Notary Public 2 FOFS Notary ID#155932-5 t SECTION NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding on this project has violated the antitrust laws of this State, codified in 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: = G << ,4`��90 Printed Name: b .'' `� -f Printed Name: T.W. HARRISON Title: PRESIDENT `�•,� •' .• e°‘\ Company: " `� ALLCO, LLC Date: NOVEMBER 1 , 2023 T.W. Harrison President SUBSCRIBED and sworn to before me the undersigned authority by the \ of, ALLW, =on behalf of the said bidder. t pY PUe JACQUELINE CHRISTOPHERt Notary Prlblic in and for the r z Notary Public,State of Texas/ State of Texas Ngtap� Comm.Expires 05-21-2024 1 F°Fev Notary ID#155932-5 t Ma 21 2024 My commission expires: Y SECTION AFFIDAVIT 1 � AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to the execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. ALLCO, LLC ,�:•" '�s NOVETYP3ER 1 , 2023 Firm Name @\e! .. �° Date �% • _ PRESIDENT Authorized Signature /�. ' Title I L T.W. HARRISON sB'`e ° '' 409-860-4459 Name (please print) �r :e `t" Telephone tharrison@allco.corn Email STATE: TEXAS COUNTY: JEFFERSON SUBSCRIBED AND SWORN to before me by the above-named T.W. HARRISON on this the 1st day of November , 20 23 . Q,�P4, JACQUELINE CHRISTOPHER (..c:, c,�✓ - t o/ , Notary Public,State of Texas 2 otary Public N,7 � N Comm.Expires 05-21-2024 9'loot* Notary IQ#155932-5 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION CONFLICT OF INTEREST CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defmed by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006 (a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. ALLCO, LLC 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. CITY OF PORT ARTHUR Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defmed by Section 176.001(1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes I" i No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes X No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes X No D. Describe each employment or business relationship with the local government officer named in this section. N/A ifgtAQZ 4. v`, CO . ,NOVEMBER 1 , 2023 Signa a of person doing business with the gov` ic�yi cntity:< ;.pate T.W. HARRISON — PRESIDENT �' 516E�0.% SECTION SB 252 CHAPTER 2252 CERTIFCATION I SB 252 CHAPTER 2252 CERTIFICATION I, T.W. HARRISON ,the undersigned and representative of ALLCO, LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. T.W. HARRISON - PRESIDENT Name of Company Representative (Print) -fAA9 — ---) z. Ir.\,.....,...:.,. :f..s ri.,:::, Signature of Company Representative = i --- _ a NOVEMBER 1 , 2023 • Date /,d//id ;0,[0. SECTION U FEDERAL CLAUSES SECTION U FEDERAL CLAUSES SECTION U FEDERAL CLAUSES Funding for this Contract has been provided in full or in part by Federal Emergency Management Agency's ("FEMA") Contractor shall also comply with all applicable funding requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: • Federal Funding Requirements attached hereto as Attachment"A" • Federal Funding Bid Forms attached hereto as Attachment"B" • Davis-Bacon Provisions attached hereto as Attachment"C" Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Contract. With respect to any conflict between these Federal Clauses and the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. ATTACHMENT "A" FEDERAL FUNDING REQUIREMENTS 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. §200.327) Appendix II to Part 200 (A) - Remedies: The parties shall comply with the administrative, contractual, or legal remedies in the Contract Documents for when the Contractor violates or breaches the Contract terms and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents. Appendix II to Part 200 (B) - Termination for Cause/Convenience. The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents. Appendix II to Part 200 (C)—Equal Employment Opportunity: Since the Contract meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of the Contract: Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, 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. 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 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 advising the said labor union or workers'representatives of the Contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 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. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided 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. Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant(contract,loan,insurance,guarantee)for this project;refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant;and refer the case to the Department of Justice for appropriate legal proceedings. Appendix II to Part 200 (D), (E) — Davis-Bacon Act; Contract Work Hours and Safety Standards Act: Contractor shall comply with 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis-Bacon Act,the Contract Work Hours and Safety Standards Act,the Copeland Anti-Kickback Act), , which are included in this Contract Documents. Appendix II to Part 200 (F)—Rights to Inventions Made Under a Contract or Agreement: This provision is not applicable to the Contract.. Appendix II to Part 200 (G)—Clean Air Act and Federal Water Pollution Control Act: The Contractor shall comply with the following: Pursuant to the Clean Air Act, (1) 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., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection District Regional Office, and(3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. Pursuant to the Federal Water Pollution Control Act, (1) 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., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. Appendix II to Part 200 (H)—Debarment and Suspension: This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates(defined at 2 C.F.R. § 180.905)are excluded(defined at 2 C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935). Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the Contract. The Contractor further agrees to include a provision requiring such compliance in its subcontracts. Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Contract are not debarred,disqualified,or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Contract. Appendix II to Part 200 (I)—Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. Appendix II to Part 200 (J)— §200.323 Procurement of Recovered Materials: Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Telecommunications or video surveillance services provided by such entities or using such equipment. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. See Public Law 115-232, section 889 for additional information. Appendix II to Part 200 (L)— §200.322 Domestic Preferences for Procurement: Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. For purposes of this section: "Produced in the United States" means,for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Affirmative steps shall include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. VALUE ENGINEERING General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any instant contract savings realized from accepted VECP's, in accordance with paragraph(f) of this clause. Definitions. "Collateral costs," as used in this clause,means agency costs of operation,maintenance, logistic support, or City-furnished property. Collateral savings, as used in this clause,means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs,exclusive of acquisition savings,whether or not the acquisition cost changes. Contractor's development and implementation costs, as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by City acceptance of a VECP. City costs, as used in this clause, means those City costs that result directly from developing and implementing the VECP,such as any net increases in the cost of testing,operations,maintenance, and logistic support. The term does not include the normal administrative costs of processing the VECP. Instant contract savings, as used in this clause, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP,minus allowable Contractor's development and implementation costs, including subcontractors' development and implementation costs(see paragraph(h) of this clause). Value engineering change proposal (VECP)means a proposal that: Requires a change to this, the Contract, to implement; and Results in reducing the contract price or estimated cost without impairing essential functions or characteristics; provided, that it does not involve a change: • In deliverable end item quantities only; or • To the contract type only. VECP preparation. As a minimum,the Contractor shall include in each VECP the information described in paragraphs (c)(1) through (7) of this clause. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance. A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions. A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under paragraph(h) of this clause. A description and estimate of costs the City may incur in implementing the VECP, such as test and evaluation and operating and support costs. A prediction of any effects the proposed change would have on collateral costs to the City. A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the Contract completion time or delivery schedule. Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous City actions, if known. Submission. The Contractor shall submit VECP's to the City. City action. The City will notify the Contractor of the status of the VECP within 45 calendar days after the City receives it. If additional time is required, the City will notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The City will process VECP's expeditiously;however,it will not be liable for any delay in acting upon a VECP. If the VECP is not accepted, the City will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the City. The City may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. Any VECP may be accepted, in whole or in part, by the City's award of a modification to this Contract citing this clause. The City may accept the VECP, even though an agreement on price reduction has not been reached,by issuing the Contractor a notice to proceed with the change.Until a notice to proceed is issued or a contract modification applies a VECP to this Contract, the Contractor shall perform in accordance with the existing Contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the City. Sharing. Rates. The City's share of savings is determined by subtracting City costs from instant contract savings and multiplying the result by: 45 percent for fixed-price contracts; or 75 percent for cost-reimbursement contracts. Payment. Payment of any share due the Contractor for use of a VECP on this Contract shall be authorized by a modification to this Contract to: Accept the VECP; Reduce the Contract price or estimated cost by the amount of instant contract savings; and Provide the Contractor's share of savings by adding the amount calculated to the Contract price or fee. Collateral savings. If a VECP is accepted,the City will increase the instant contract amount by 20 percent of any projected collateral savings determined to be realized in a typical year of use after subtracting any City costs not previously offset. However, the Contractor's share of collateral savings will not exceed the contract's firm-fixed-price or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater. The City is the sole determiner of the amount of collateral savings. F Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $75,000 or more and may include one in subcontracts of lesser value. In computing any adjustment in this Contract's price under paragraph(f)of this clause,the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs clearly resulting from a VECP accepted by the City under this Contract, but shall exclude any value engineering incentive payments to a subcontractor. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that these payments shall not reduce the City's share of the savings resulting from the VECP. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY(EXECUTIVE ORDER 11246) (APPLICABLE TO CONTRACTS/SUBCONTRACTS EXCEEDING TEN THOUSAND DOLLARS ($10,000)) Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Timetable Goals for Female: Participation for Participation in Each Trade - 8% Each Trade - 8% These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted)performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a),and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 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. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) As used in this Section: "Covered area" means City of Port Arthur, Jefferson County, Texas; P "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. "Minority" includes: Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and 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). Whenever the Contractor, or any subcontractor at any tier, subcontract a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of this Section which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 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. The Contractor shall implement the specific affirmative action standards provided in paragraphs h(i) through h(xvi) of this Section. 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. 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. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. The Contractor shall take specific affirmative actions to ensure equal opportunity. The evaluation of the Contractor's compliance with this Section 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: 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. 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 organization's responses. 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. 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. 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. 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. 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, r. termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. 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 contractors and subcontractors with whom the Contractor does or anticipates doing business. 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. 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. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 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. 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 this Section are being carried out. 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. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. Contractor is encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(h(i)through h(xvi)). 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 h(i)through h(xvi)of this Section 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 PF 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. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 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. The Contractor shall not enter into any subcontract with any person or firm debarred from government Contracts pursuant to Executive Order 11246. The Contractor shall carry out such sanctions and penalties for violation of this Section 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 this Section and Executive Order 11246, as amended. The Contractor,in fulfilling its obligations under this Section,shall implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph h of this Section,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 this Section,the Director shall proceed in accordance with 41 CFR 60-4.8. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number,race, sex, status (e.g.,mechanic,apprentice trainee,helper or laborer),dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed.Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, Contractor's shall not be required to maintain separate records. Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). ATTACHMENT "B" FEDERAL FUNDING BID FORMS [PAGE INTENTIONALLY BLANK] Anti-Lobbying Certification The undersigned certifies, to the best of his or her knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Printed Name: Title: Firm Name: Date: Debarment and Suspension Certification Contractors, Subcontractors, Debarment and Suspension, Executive Order 12549; 2 CFR Part 180; 2 CFR Part 1532. Contractor certifies that it and its principals, and shall obtain certifications from its subcontractors that they and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency; (b) Have not within a three (3) year period preceding this procurement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three(3)year period preceding this application/proposal had one or more public transactions (federal, state or local)terminated for cause or default. (e) Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its contracts and subcontracts under this Agreement. (f) Contractor acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the termination, delay or negation of any contract entered into pursuant to this procurement, or pursuance of legal remedies, including suspension and debarment. Signature: Printed Name: Title: Firm Name: Date: Contracting with Small and Minority Firms,Women's Business Enterprise and Labor Surplus Area Firms Certification By signing this document,Contractor acknowledges that if a subcontractor is required for the project,Contractor took (and will take), pursuant to 2 CFR § 200.321, affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible on the project and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award by doing the following: • Solicitation Lists. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; • Solicitations. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; • Dividing Requirements. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; • Delivery Schedule. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and • Obtaining Assistance. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Signature: Printed Name: Title: Firm Name: Date: ATTACHMENT "C" DAVIS BACON PROVISIONS (a) Davis-Bacon Provisions. Contractor shall comply with 40 U.S.C.3141-3148 and 40 U.S.C.3701- 3708(labor standards originally enacted as the Davis-Bacon Act,the Contract Work Hours and Safety Standards Act,the Copeland Anti-Kickback Act),which are incorporated into the Contract by this reference. This includes, but is not limited to,the following provisions: (i) Minimum wages. (1) 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(d)(i)(4) 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 section(d)(iv). 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 classification and wage rates conformed under paragraph (d)(i)(2) 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. (2) 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: i. The work to be performed by the classification requested is not performed by a classification in the wage determination; and ii. The classification is utilized in the area by the construction industry; and iii. 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, 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 (d)(i)(2) (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. (3) 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. (4) 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. (ii) Withholding. The City 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, the City 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. (iii) Payrolls and basic records. (1) 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. (2) a. The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Bureau of Reclamation if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be,for transmission to the Bureau of Reclamation.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the(write in name of agency),the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). 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: i. That the payroll for the payroll period contains the information required to be provided under§ 5.5 (a)(3)(ii)of Regulations,29 CFR part 5,the appropriate information is being maintained under§ 5.5 (a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; ii. 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; iii. 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. (3) The Contractor or subcontractor shall make the records required under paragraph (c)(iii)(1) of this section available for inspection, copying, or transcription by authorized representatives of the City 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. (iv) Apprentices and trainees - (1) 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,Office of Apprenticeship Training,Employer and Labor Services,or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, 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. (2) 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. (3) 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. (v) 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. (vi) 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 City may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (vii) 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. (viii) 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. (ix) 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 City, the U.S. Department of Labor, or the employees or their representatives. (x) Certification of eligibility. (1) 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). (2) 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). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act (i) 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. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(i) of this Section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such City or to such territory), 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 (i) 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 (i) of this Section. (iii) Withholding for unpaid wages and liquidated damages. The City 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 Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(ii) of this section. (iv) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(ii)through(iv) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(i)through(iv) of this Section. APPENDIX U CHILD SUPPORT CERTIFICATION CHILD SUPPORT CERTIFICATION TEXAS FAMILY CODE,SECTION 231.006 INELIGIBILITY TO RECEIVE STATE GRANTS,LOANS OR RECEIVE PAYMENT ON STATE CONTRACTS A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner,shareholder,or owner with an interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property,materials or services,or receive a state-funded grant or loan until: 1. All arrearages have been paid; 2. The obligor is in compliance with a written repayment agreement or court order as to any existing delinquency;or 3. A court-ordered exemption has been granted. CERTIFICATION STATEMENT Under Section 231.006,Family Code,the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledge that this contract may be terminated and payment may be withheld if this certification is inaccurate. I,the undersigned,hereby certify that I am in compliance with the Texas Family Code,Section 231.006. AGREED TO BY: CONTRACTOR By: Name: Title: Date: 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 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. • 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 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. SP-2 • 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. END OF SECTION SP-3