HomeMy WebLinkAboutPR 17755: HIGHWAY 87 WATER TRANSMISSION LINE PROJECT WITH EXCAVATORS & CONSTRUCTORS, LTD. MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Floyd T. Johnson, City Manager
FROM: Kelly Eldridge, Director of Utility Operations 1
DATE: July 8, 2013 (updated)
RE: Proposed Resolution No. 17755
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 17755 authorizing the
execution of a contract for the Highway 87 Water Transmission Line Project with Excavators &
Constructors, LTD., of Port Arthur, Texas, in the total amount of $2,318,702.50.
BACKGROUND
A Hurricane Recovery Grant administered by the Texas General Land Office will fund this
project to extend 16 "/20" water transmission mains from the Intracoastal Canal to Keith Lake
along SH 87 South. This is a key step in improving the reliability and capabilities of the public
water system serving the Sabine Pass area. It will eliminate the section of line currently
`floating' in the Keith Lake cut adjacent to the bridge. This section of pipe has been a
maintenance nightmare for the last several years, causing numerous service interruptions to the
area.
The following five bids were received on June 26, 2013, and the lowest responsive bid was
submitted by Excavators & Constructors, LTD.
Bidder Total Bid
Excavators & Constructors, LTD $2,318,702.50
Port Arthur, TX
Allco, LLC $2,333,079.40
Beaumont, TX
Simco Enterprises $2,392,860.00
Groves, TX
Doughtie Construction $2,449,594.00
Huntsville, TX
Texas J &D Construction $2,876,666.90
Bronson, TX
BUDGET /FISCAL EFFECT
This project will be funded through the GLO Project no. I21SPW, 144 - 1201 - 532.59 -00.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 17755.
P. R. No. 17755
07/08/13 (updated)
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE AWARD OF BID
AND THE EXECUTION OF A CONTRACT FOR THE
HIGHWAY 87 WATER TRANSMISSION LINE
PROJECT WITH EXCAVATORS & CONSTRUCTORS,
LTD. IN THE AMOUNT OF $2,318,702.50, PROJECT NO.
I21SPW, 144-1201-532.59-00.
WHEREAS, the Texas General Land Office GLO has approved funding for the
) pp g or e
installation of a Water Transmission Line along Highway 87 South; and,
WHEREAS, the Utility Operations Department, Arceneaux & Gates Consulting
Engineers, and the Purchasing Division have solicited bids for this project; and,
WHEREAS, the bids have been evaluated by Arceneaux & Gates Consulting Engineers,
the Utility Operations Department and Purchasing (Recommendation & Bid Tabulation attached
as Exhibit "A "); and,
WHEREAS, Excavators & Constructors, LTD., of Port Arthur, Texas has submitted the
lowest responsive bid for this work; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
execute, on behalf of the City of Port Arthur, a contract (attached as Exhibit "B ") between the
CITY OF PORT ARTHUR and Excavators & Constructors, LTD. for the Highway 87 Water
Transmission Line Project in the total amount of $2,318,702.50; and,
THAT, this project will be funded by the TGLO, in Project no. I21SPW, 144 -1201-
532.59 -00; 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 , 2013
P. R. No. 17755
06/27/13
Page 2
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
AYES: Mayor
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
•
0
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson Shawna Tubbs, CPPB
City Manager Purchasing Manager
/ . _ z 4// ad,
Ross Blackketter, P.E. Kelly Eldr' s ge r
Director of Public Works Director of Utilities
P. R. No. 17755
07/08/13 (updated)
Page 3
APPROVED AS TO AVAILABILITY OF
FUNDS:
Deborah Echols
Director of Finance
Account No.: 144 - 1201 - 532.59 -00
Project no.: I21SPW
Exhibit "A"
(A &G Recommendation & Bid Tabulation)
ARCENEAUX & GATES
ARCENEAUX
Consulting Engineers, Inc.
& 4 9�
GATES A Burrow Global Company
Engineers • Surveyors • Planners
June 26, 2013
Mr. Ross Blackketter, PE
Public Works Director
City of Port Arthur
444 Fourth Street
Port Arthur, Texas 77640
RE: RECOMMENDATION OF AWARD OF CONTRACT
Highway 87 Water Line
GLO Grant Award ID: DR5210148, A &G Job No CPA -700
Dear Mr. Blackketter:
On June 26, 2013 the City of Port Arthur received five (5) sealed bids for Highway 87 Water
Line in Port Arthur, Texas. The bids were opened at 3:15 pm and the results read aloud in the
public bid opening. There were no alternates proposed for this project.
The bids were checked for errors and tabulated. All Bidders acknowledged receipt of
Addendum No.1 and Addendum No. 2. All Bidders also submitted proof of Bid Surety and
Statements of Bidders Qualifications with their bids as required. No substitutions were
submitted. It was found that Excavators & Constructors, LTD of Port Arthur, Texas submitted
the lowest responsive Total Amount Bid in the amount of $2,318,70250. A copy of the certified
Bid Tabulation is enclosed for your information.
We have worked with Excavators & Constructors, LTD on projects in the past and have been
pleased with the quality of work performed by the contractor. Based on our past working history
with the contractor we recommend that the City of Port Arthur award the contract for Highway
87 Water Line to Excavators & Constructors, LTD on the basis the lowest responsive Total
2901 Turtle Creek Dr., Suite 320 Port Arthur, TX 77642 Phone: 409/724 -7888 Fax: 409/724 -1447
ARCENEAUX
GATES
CONSULTING
ENGINEERS, INC.
Amount Bid in the amount of $2,318,702.50. Should you have any questions or require
additional information, please contact our office.
Very truly yours,
ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
TEXAS REGISTERED ENGINEERING FIRM F.30
Joe M. Wi n, Jr.,PE
Vice-PT9 ent
Attached: Bid Tabulation
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Exhibit "B"
(Contract)
CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
For
HIGHWAY 87 WATER LINE
to Serve
City of Port Arthur
PORT ARTHUR, TEXAS
JOB NO. CPA -700
CONTRACT NO. 1
City of Port Arthur
Jeffers ®: ,, TEXAS
June 2013
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TEXAS
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REGISTERED ENGINEERING FIRM
F -30
ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Engineers * Surveyors * Planners
PORT ARTHUR, TEXAS
A BURROW GLOBAL COMPANY
CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
For
HIGHWAY 87 WATER LINE
to Serve
City of Port Arthur
PORT ARTHUR, TEXAS
JOB NO. CPA -700
CONTRACT NO. 1
City of Port Arthur
Jefferson, TEXAS
June 2013
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JOE M. WILSON, JR. � 0
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TEXAS
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REGISTERED ENGINEERING FIRM
F -30
ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Engineers * Surveyors * Planners
PORT .ARTHUR, TEXAS
A BURROW GLOBAL COMPANY
•
ARCENEAUX
GATES
CONSULTING
ENGINEERS, INC.
ADDENDUM NO. 1
June 20, 2013
HIGHWAY87 WATER LINE
City of Port Arthur
Jefferson County, Texas
Job No. CPA -700
GLO GRANT AWARD ID No. DRS210148
This document constitutes ADDENDUM NO. 1 to the HIGHWAY 87 WATER LINE issued for bidding
by the City of Port Arthur, Jefferson County, Texas. BIDDER MUST ACKNOWLEDGE RECEIPT OF
THIS ADDENDUM ON THEIR BID FORM.
CLARIFICATION
1. Air Release Valve support slab shall be 1' larger than outside diameter of manhole and 6"
thick.
CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
1. REPLACE "SECTION D" BID with the revised "SECTION D" BID (attached). Changes included
in "SECTION D" BID are changes in quantities and descriptions for BASE BID PAY ITEMS.
2. REPLACE "SECTION G" LABOR CLASSIFICATION AND MINIMUM WAGE SCALE with the
revised "SECTION G" LABOR CLASSIFICATION AND MINIMUM WAGE SCALE (attached).
Changes included in "SECTION G" LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
have been modified and updated.
CONSTRUCTION PLANS
1. REPLACE PLAN SHEET 12 ALIGNMENT "A" PLAN AND PROFILE with the revised
PLAN SHEET 12 ALIGNMENT "A" PLAN AND PROFILE (attached).
2. REPLACE PLAN SHEET 44 ALIGNMENT "A" PLAN AND PROFILE with the revised
PLAN SHEET 44 ALIGNMENT "A" PLAN AND PROFILE (attached).
ADDENDUM NO. 1 Page 1 of 29
ARCENEAUX
GATES
CONSULTING
ENGINEERS, INC.
3. REPLACE PLAN SHEET 52 DETAILS with the revised PLAN SHEET 52 DETAILS
(attached).
NO OTHER CONDITIONS OF THE CONTRACT ARE HEREBY CHANGED
[END OF ADDENDUM NO. 1]
ADDENDUM NO. 1 Page 2 of 29
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ADDENDUM NO. 2
June 25, 2013
HIGHWAY 87 WATER LINE
City of Port Arthur
Jefferson County, Texas
Job No. CPA -700
GLO GRANT AWARD ID No. DRS210148
This document constitutes ADDENDUM NO. 2 to the HIGHWAY 87 WATER LINE issued for bidding
by the City of Port Arthur, Jefferson County, Texas. BIDDER MUST ACKNOWLEDGE RECEIPT OF
THIS ADDENDUM ON THEIR BID FORM.
CONSTRUCTION PLANS
1. REPLACE ADDENDUM NO. 1 PLAN SHEET 52 DETAILS with the revised PLAN SHEET
52 DETAILS (attached).
NO OTHER CONDITIONS OF THE CONTRACT ARE HEREBY CHANGED
[END OF ADDENDUM NO. 2]
ADDENDUM NO. 2 Page 1 of 2
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CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
For
HIGHWAY 87 WATER LINE
to Serve
City of Port Arthur
PORT ARTHUR, TEXAS
JOB NO. CPA -700
CONTRACT NO. 1
TABLE OF CONTENTS
A. STANDARD FORM OF AGREEMENT FOR OWNER - CONTRACTOR
B. ADVERTISEMENT AND INVITATION FOR BID
C. INSTRUCTION TO BIDDERS FOR CONSTRUCTION
D. BID
E. BID BOND
F. GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION
G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
H. SUPPLEMENTAL GENERAL CONDITIONS
Part A
Part B
I. PAYMENT BOND
J. PERFORMANCE BOND
K. MAINTENANCE BOND
L. NOTICE OF AWARD
M. NOTICE TO PROCEED
N. INSURANCE
O. TECHNICAL SPECIFICATIONS
Item No. A2001 - Clearing and Grubbing
CPA Federally Funded
Item No. H1001 - Ductile Iron Pipe and Cast Iron and Ductile Iron Fittings
Item No. J1003A - Polyvinyl Chloride (PVC) Water Transmission Pipe (14 " -24 ")
Item No. J1005 - High Density Polyethylene (HDPE) Pipe
Item No. J2001.1- Construction of Underground Lines
Item No. J2002 - Well Point System
Item No. J2003 - Hydrostatic Testing of Pressure Lines
Item No. J2016 - Pipe in Augered Hole
Item No. J3006 - Cement — Stabilized Sand Backfill
Item No. J3007 - Removal and replacement of Street Base and Surface
Item No. J3009 - Disinfection of Water Line
Item No. J3017 - Fire Hydrants
Item No. J3024 - Bank Sand Backfill
Item No. J3025 - Resilient Wedge Gate Valves 14 -Inch Through 36 -Inch for
Water Distribution Systems
Item No. J3027 - Tunnel Construction
Item No. J3045 - Trench Excavation and Shoring Safety Plan
APPENDICES
APPENDIX A — Section 3 Monthly Compliance Report
APPENDIX B — Attorney's Review Certification
APPENDIX C— Request for Time Extension
APPENDIX D— Copeland Act Regulations
APPENDIX E — Section 3 Clause
APPENDIX F — TxDOT Permit
APPENDIX G— Army Corps of Engineers Permit
APPENDIX H — Certification of Bidder Regarding Section 3 and Segregated
Facilities
CPA Federally Funded
•
• SECTION A
STANDARD 'FORM OF AGREEMENT FOR OWNER - CONTRACTOR
CITY OF PORT ARTHUR
STANDARD FORM OF AGREEMENT
FOR OWNER - CONTRACTOR PROJECTS
STATE of TEXAS
JEFFERSON COUNTY
THIS AGREEMENT, made and entered into this day of , A.D. by and between
the City of Port Arthur of the COUNTY Jefferson of in the STATE OF TEXAS, thereunto duly authorized so
to do, Party of the First Part, hereinafter termed OWNER, and Excavators & Constructors, LTD of the City
of Port Arthur County of Jefferson in the State of Texas, Party of the Second Part, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be
made and performed by the Party of the First Part (OWNER) and under the conditions expressed in the bond
bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said
Party of the First Part (OWNER) to commence and complete the construction of certain improvements
described as follow:
HIGHWAY 87 WATER LINE
and all extra work in connection therewith, under the terms as stated in the General Conditions of the
Agreement and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the said construction, in accordance with the Notice to Contractors, General and Special Conditions
of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the
Specifications and addenda therefore, as prepared by Arceneaux & Gates Consulting Engineers, Inc., A
Burrow Global Company, herein entitled the ENGINEER, each of which has been identified by the
CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General
Conditions of the Agreement, the Performance and Payment Bonds hereto attached; all of which are made a
part hereof and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to furnish all materials labor and equipment necessary for the work
described under this agreement for the sum of: 2,318,702.50 and will commence work within ten (10) calendar
days after the date written notice to do so shall have been given to him, and to substantially complete within
240 consecutive calendar days after issuance of the "Notice to Proceed" and to be at Final Completion within
270 consecutive calendar days after the issuance of the "Notice to Proceed ", subject to such extensions of
time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in this agreement
and the proposal, which forms a part of this contract, such payments to be subject to the General and Special
Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day
first above written.
City of Port Arthur Excavators & Constructors, LTD
Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR)
By: By:
ATTEST: ATTEST:
A -1
(
SECTION B.
ADVERTISEMENT AND INVITATION fOR- BID
Construction
Advertisement and Invitation for Bids
The CITY OF PORT ARTHUR will receive bids for HIGHWAY 87 WATER LINE until 3:00 p.m. on
Wednesday, June 26, 2013 at City of Port Arthur City Hall, Office of the City Secretary, 4 Floor,
444 4 Street, Port Arthur, Texas. The bids will be publicly opened and read aloud at 3 :15 p.m. on
Wednesday, June 26, 2013 at City of Port Arthur City Hall, 5 Floor Council Chamber, 444 4th
Street, Port Arthur, Texas.
Bids are invited for several items and quantities of work as follows: HIGHWAY 87 WATER LINE
Bid /Contract Documents, including Drawings and Technical Specifications are on file at the following
locations:
CITY OF PORT ARTHUR
Ross Blackketter, Public Works Director
Shawna Tubbs, CPPB, Purchasing Manager
444 4 Street
Port Arthur, Texas 77640
ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
A BURROW GLOBAL COMPANY
2901 Turtle Creek Drive, Suite 320
Port Arthur, Texas 77642
THE ASSOCIATED GENERAL CONTRACTORS
5458 Ave. A
Beaumont, Texas 77705
Please contact the office of Arceneaux & Gates Consulting Engineers, Inc. for instructions on how to
obtain copies of the Bid /Contract Documents at: (409) 724 -7888.
A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with
each bid. A certified check or bank draft payable to the City of Port Arthur or negotiable U.S. Government
Bonds (as par value) may be submitted in lieu of the Bid Bond.
Attention is called to the fact that not less than, the federally determined prevailing (Davis -Bacon and
Related Acts) wage rate, contained in the contract documents, must be paid on this project. In addition,
the successful bidder must ensure that employees and applicants for employment are not discriminated .
against because of race, color, religion, sex age or national origin.
The City of Port Arthur reserves the right to reject any or all bids or to waive any informalities in the
bidding.
B -1
Bids may be held by the City of Port Arthur for a period not to exceed 30 days from the date of the bid
opening for the purpose of reviewing the bids and investigating the bidder's qualifications prior to the
contract award.
City of Port Arthur Shawna Tubbs, CPPB Purchasing Manager 6 -3 -13
All contractors /subcontractors that are debarred, suspended or otherwise excluded from or ineligible for
participation on federal assistance programs may not undertake any activity in part or in full under this
project.
Bidder is cautioned to read all contract documents before submitting bid, especially Item 18, Section C of
the information to bidders. All bidders shall be required to attend the Mandatory Pre -Bid Conference
on: Thursday, June 20, 2013 at 10:00 a.m. at the City of Port Arthur City Hall, 444 4 Street, 5th
Floor Conference Room, Port Arthur, Texas 77640.
1st Advertisement: June 9, 2013
2nd Advertisement: June 16, 2013
B -2
SECTION C
• INSTRUCTION TO BIDDERS FOR CONSTRUCTION
INSTRUCTION TO BIDDERS
FOR CONSTRUCTION
1. Use of Separate Bid Forms
These contract documents include a complete set of bid and contract forms which are for the
convenience of the bidders and are not to be detached from the contract document, completed or
executed. Separate bid forms are provided for your use.
2. Interpretations or Addenda
No oral interpretations will be made to any bidder. Each request for an interpretation shall be
made in writing to the Grant Recipient or engineer no less than seven (7) days prior to the bid
opening. Each interpretation made will be in the form of an Addendum to the contract documents
and will be distributed to all parties holding contract documents no less than five (5) days prior to
the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda
issued. All such addenda shall become part of the contract documents and all bidders shall be
bound by such addenda, whether or not received by the bidders.
3. Inspection of Site
Each bidder should visit the site of the proposed work and fully acquaint himself with the existing
conditions there and should fully inform himself as to the facilities involved, the difficulties and
restrictions attending the performance of the contract. The bidder should thoroughly examine and
familiarize himself with the drawings, technical specifications and all other contract documents.
The contractor by the execution of the contract shall in no way be relieved of any obligation under
it due to his failure to receive or examine any form or legal document or to visit the site or acquaint
himself with the conditions there existing. The city will be justified in rejecting any claim based on
lack of inspection of the site prior to the bid.
4. Alternate bid items
No alternate bids or bid items will be considered unless they are specifically requested by the
technical specifications.
5. Bids
a. All bids must be submitted on the forms provided and are subject to all
requirements of the Contract Documents, including the Drawings.
b. All bids must be regular in every respect and no interlineation, excisions or special
conditions may be made or included by the bidder.
c. Bid documents, including the bid, the bid bond, and the statement of bidders'
qualifications shall be sealed in an envelope and clearly labeled with the words
"Bid Documents ", the project number, name of bidder and the date and time of bid
opening.
c -1
d. The City of Port Arthur may consider as irregular any bid on which there is an
alteration of or departure from the bid form and, at its option, may reject any
irregular bid.
e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of
the lowest/best bid and the selected alternate bid items, if any. The contract will
require the completion of the work in accordance with the contract documents.
6. Bid Modifications Prior to Bid Opening
a. Any bidder may modify his bid by telegraphic communication at any time prior to the
scheduled closing time for receipt of bids, provided such telegraphic communication
is received by the City of Port Arthur prior to the closing time, and provided further,
the City of Port Arthur is satisfied that a written confirmation of the telegraphic
modification over the signature of the bidder was mailed prior to the closing time.
The telegraphic communication should not reveal the bid price but should provide
the addition, subtractions or other modifications so that the final prices or terms will
not be known by the City of Port Arthur until the sealed bid is open. If written
confirmation is not received within two (2) days from the closing time, no
consideration will be given to the telegraphic modification.
b. Likewise, any bidder may modify a bid by submitting a supplemental bid in person
prior to the scheduled closing time for receipt of bids. Such supplemental bid should
mention only additions or subtractions to the original bid so as to not reveal the final
prices or terms to the City of Port Arthur until the sealed bid is open.
7. Bid Bond
a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be
submitted with each bid. A certified check or bank draft payable to the City of Port
Arthur or negotiable U.S. Government Bonds (as par value) may be submitted in
lieu of the Bid Bond.
b. The bid bond or its comparable, will be returned to the bidder as soon as practical
after the opening of the bids.
8. Statement of Bidders Qualifications
Each bidder shall submit on the form furnished for that purpose a statement of the bidder's
qualifications. The City of Port Arthur shall have the right to take such steps as it deems
necessary to determine the ability of the bidder to perform his obligations under the
contract, and the bidder shall furnish the City of Port Arthur all such information and data
for this purpose as it may request. The right is reserved to reject any bid where an
investigation of the available data does not satisfy the City of Port Arthur that the bidder is
qualified to carry out properly the terms of the contract.
9. Unit Price
The unit price for each of the several items in the bid shall include its pro rata share of
overhead so that the sum of the products obtained by multiplying the quantity shown for
each item by the unit price bid represents the total bid. Any bid not conforming to this
C -2
requirement may be rejected as informal. Special attention is drawn to this condition, as
the unit prices will be used to determine the amount of any change orders resulting from
an increase or decrease in quantities.
10. Corrections:
Erasures or other corrections in the bid must be noted over the signature of the bidder.
11. Time for Receiving Bids
Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer
appointed to open the bids shall decide when the specified time has arrived and no bid received
thereafter will be considered; except that when a bid arrives by mail after the time fixed for
opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of
the City of Port Arthur that the late arrival of the bid was solely due to delay in the mail for which
the bidder was not responsible, such bid will be received and considered.
12. Opening of Bids
The City of Port Arthur shall, at the time and place fixed for the opening of bids, open each bid
and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested
individuals may be present.
13. Withdrawal of Bids
Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating his
purpose in writing to the locality. Upon receipt of such notice, the unopened bid will be returned to
the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly.
14. Award of Contract/Reiection of Bids
a. The contract will be awarded to the responsive, responsible Bidder submitting the
lowest /best bid. The bidder selected will be notified at the earliest possible date.
The City of Port Arthur reserves the right to reject any or all bids and to waive any
informality in bids received where such rejection or waiver is in its interest.
b. The City of Port Arthur reserves the right to consider as unqualified to do the work
any bidder who does not habitually perform with his own forces the major portions
of the work involved in construction of the improvements embraced in this contract.
15. Execution of Agreement/Performance and Payment Bonds
a. Performance and Payment Bonds, Requires all prime contractors which enter into
a formal contract in excess of $5,000 with the State, any department, board,
agency, municipality, county, school district or any division or subdivision thereof,
to obtain a Payment Bond in the amount of the contract before commencing with
work and a performance bond for public works contracts in excess of $100,000.
C -3
b. The failure of the successful bidder to execute the agreement and supply the
required bonds within ten (10) days after the prescribed forms are presented for
signature, or within such extended period as the City of Port Arthur may grant,
shall constitute a default and the City of Port Arthur may, at its option either award
the contract to the next lowest responsible bidder, or re- advertise for bids. In
either case, the City of Port Arthur may charge against the bidder the difference
between the amount of the bid, and the amount for which a contract is
subsequently executed irrespective of whether this difference exceeds the amount
of the bid bond. If a more favorable bid is received through re- advertisement, the
defaulting bidder shall have no claim against the City of Port Arthur for a refund.
16. Wages and Salaries
Attention is particularly called to the requirement of paying not 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.
17. Equal Employment Opportunity
Attention is called to the requirements for ensuring that employees and applicants for
employment are not discriminated against because of their race, color, creed, sex, gender, or
national origin.
18. Pre -Bid Conference
A MANDATORY PRE -BID CONFERENCE between the Engineer, Representatives of the City
of Port Arthur, Texas and prospective bidders will be held on Thursday, June 20, 2013 at,
10 :00 a.m., at City of Port Arthur City Hall, 444 4 Street, 5 Floor Conference Room, Port
Arthur, TX 77640.
The purpose of the 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.
Bids received from firms or individuals not listed on the roll of attendees of the 11AANDATORY
PRE -BID CONFERENCE will be rejected and returned unopened to the Bidder.
C -4
•
SECTION "- D
BID
BID
TO: CITY OF PORT ARTHUR
444 4TH STREET
P.O. BOX 1089
CITY OF PORT ARTHUR, TEXAS 77640
Proposal of Excavators & Constructors, LTD (hereinafter called "BIDDER "), organized and
existing under the laws of the State of Texas, doing business as *Partnership, and acting by and
through M.J. Braxton. To the City of City of Port Arthur, Texas (hereinafter called
s 'OWNER ").
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
work for the construction of: HIGHWAY 87 WATER LINE in strict accordance with the
Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated
below, and Bidder shall enter into Contract for same within the time specified in Contract
Documents.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party
thereto certifies as to his own organization, that this BID has been arrived at independently,
without consultation, communication, or agreement as to any matter relating to this BID with any
other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this Contract on or before a date to be
specified in the Notice to Proceed and to fully complete the PROJECT within 270 consecutive
calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays,
Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as
liquidated damages, the sum of $ 500.00 for each consecutive calendar day thereafter
including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as
provided in Sections 9 and 40 of the General Contract Conditions.
Enclosed is bid security as required.
BIDDER acknowledges receipt of the following ADDENDUM:
Addendum No. 1 — dated June 20, 2013
Addendum No. 2 — dated June 25, 2013
*Insert "a corporation," "a partnership," or "an individual" as applicable.
BIDDER agrees to perform all the work described in the Contract Documents for the following
unit prices or lump sum:
D -1
CPA Federally Funded
ADDENDUM NO. 1 Page 3 of 29
Item Approx. Description of Item with Unit
No. Qty. Unit Unit Price Written in Words Price Amount
BID SCHEDULE
NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder
with Tax Exemption Certificate for materials used on this project.
BASE BID ITEMS
Mobilization, Bonds, Insurance, Onsite
Facilities, Project Sign, Complete.
1. 1 L.S. @ One Hundred Seventy -eight Thousand
Two Hundred Sixty -five Dollars $ 178,265.00 $ 178,265.00
Per Lump Sum
12 -Inch, Gate Valve and Box (GV &B),
Complete in Place.
2. 1 EA. @ Twenty -two Hundred Seventeen
Dollars $ 2,217.00 $ 2,217.00
Per Each
16 -Inch, Polyvinyl Chloride ' (PVC) Pipe
AWWA C -905, Pressure Class 165, DR-
3 25, All Depths, Complete in Place.
9,550 L.F. @ Forty -one Dollars Ninety -five cents
$ 41.95 $ 400,622.50
Per Linear Foot
16 -Inch, Gate Valve and Box (GV &B),
Complete in Place.
4. 10 EA. @ Sixty -six Hundred Forty Dollars
$ 6,640.00 $ 66,400.00
Per Each
20 -Inch, Polyvinyl Chloride (PVC) Pipe
AWWA C -905, Pressure Class 165, DR-
25, All Depths, Complete in Place.
5. 6,920 L.F.
@ Fifty -seven Dollars and Ninety -five $ 57.95 $ 401,014.00
cents
Per Linear Foot
D -2
CPA Federally Funded ADDENDUM NO. 1 Page 4 of 29
Item Approx. Description of Item with Unit
No. Qty. Unit Unit Price Written in Words Price Amount
20 -Inch, DR -11 High Density
Polyethylene (HDPE) Installed by
Directional Drill, Complete in Place.
6. 1,750 L.F.
@ Two Hundred Seventy -eight Dollars
Five cents
$ 278.05 $ 486,587.50
Per Linear Foot
20 -Inch, Gate Valve and Box (GV &B),
Complete in Place.
7. 6 EA. @ Twelve Thousand Nine Hundred
Fifteen Dollars $ 12,915.00 $ 77,490.00
Per Each
24 -Inch, DR -11 High Density
Polyethylene (HDPE) Installed by
Directional Drill, Complete in Place.
8. 940 L.F.
@ Three Hundred Forty -four Dollars
Thirty cents
$ 344.30 $ 323,642.00
Per Linear Foot
Tunnel Construction with 24 -Inch with A-
36 Steel Casing all depths, Complete in
Place.
9. 30 L.F
@ Two Hundred Seventy -eight Dollars
$ 278.00 $ 8,340.00
Per Linear Foot
3 -Inch D -060 -C HF Air Release Valve
with Manhole, Complete in Place.
10. 9 EA. @ Eighty -two Hundred Sixty -seven
Dollars $ 8,267.00 $ 74,403.00
Per Each
Fire Hydrant Assembly, Complete in
Place.
11. 6 EA @ Forty -eight Hundred Eighty -three
Dollars
$ 4,883.00 $ 29,298.00
Per Each
D -3
CPA Federally Funded ADDENDUM NO. 1 Page 5 of 29
Item Approx. Description of Item with Unit
No. Qty. Unit Unit Price Written in Words Price Amount
Design of Trench Safety System,
Complete.
12. 1 L.S. @ Six Hundred Dollars
Per Lump Sum $ 600.00 $ 600.00
Trench Safety System, All Depths,
Complete in Place.
13. 16,470 L.F. @ Thirty -five cents
Per Linear Foot $ 0.35 $ 5,764.50
Silt Control Fence Install, Complete in
Place.
14. 18,300 L.F. @ Two Dollars and Twenty -five cents
Per Linear Foot $ 2.25 $ 41,175.00
SUB -TOTAL BASE BID ITEMS $ 2,095,818.50
SUPPLEMENTAL ITEMS
16 -Inch, Gate Valve and Box (GV &B), ($7,500.00)*
Complete in Place.
15. 2 EA. @ Seventy -five Hundred Dollars
$ 7,500.00 $ 15,000.00
Per Each
16 -Inch, Ductile Iron Restrained Joint ($700.00)*
Tee, Complete in Place.
16. 2 EA. @ Twenty -one Hundred Thirty -two
Dollars
$ 2,132.00 $ 4,264.00
Per Each
D -4
CPA Federally Funded ADDENDUM NO. 1 Page 6 of 29
Item Approx. Description of Item with Unit
No. Qty. Unit Unit Price Written in Words Price Amount
Extra 90 Degree, 16 -Inch Compact ($500.00)*
Ductile Iron Fittings, With Restrained
Joint, Complete in Place.
17. 3 EA.
@ Fifteen Hundred Fifty - seven Dollars
$ 1,557.00 $ 4,671.00
Per Each
Extra 45 Degree, 16 -Inch Compact ($300.00)*
Ductile Iron Fittings, With Restrained
Joint, Complete in Place.
18. 3 EA.
@ Thirteen Hundred Ninety - nine Dollars
$ 1,399.00 $ 4,197.00
Per Each
20 -Inch, Gate Valve and Box (GV &B), ($13,000.00)*
Complete in Place.
19. 2 EA. @ Thirteen Thousand Dollars
$ 13,000.00 $ 26,000.00
Per Each
20 -Inch, Ductile Iron Restrained Joint ($900.00)*
Tee, Complete in Place.
20. 2 EA. @ Twenty -five Hundred Eighty -seven
Dollars
$ 2,587.00 $ 5,174.00
Per Each
Extra 90 Degree, 20 -Inch Compact ($800.00)*
Ductile Iron Fittings, With Restrained
Joint, Complete in Place.
21. 3 EA.
@ Two Thousand Sixty -six Dollars
•
•
$ 2,066.00 $ 6,198.00
Per Each
Extra 45 Degree, 20 -Inch Compact ($500.00)*
Ductile Iron Fittings, With Restrained
Joint,-Complete in Place.
22. 3 EA.
@ Seventeen Hundred Forty Dollars
$ 1,740.00 $ 5,220.00
Per Each
D -5
CPA Federally Funded ADDENDUM NO. 1 Page 7 of 29
Item Approx. Description of Item with Unit
No. Qty. Unit Unit Price Written in Words Price Amount
Extra -Bank Sand, Complete in Place. ($20.00)*
@ Twenty Dollars
23. 10 C.Y.
Per Cubic Yard $ 20.00 $ 200.00
Extra Class "A" Concrete, Complete in
Place. ($150.00) * •
24. 10 C.Y. @ One Hundred Fifty Dollars
Per Cubic Yard $ 150.00 $ 1,500.00
Extra - Cement Stabilized Sand, Complete ($30.00)*
in Place.
25. 10 C.Y. @ Forty -six Dollars
Per Cubic Yard $ 46.00 $ 460.00
Well Point, Complete in Place. ($30.00)*
@ Thirty Dollars
26. 5,000 L.F.
Per Linear _Foot
$ 30.00 $150,000.00
*Figures in parentheses represent minimum unit prices for Supplemental Item.
SUB -TOTAL BASE BID ITEMS $ 2,095,818.50
SUB -TOTAL SUPPLEMENTAL ITEMS $ 222,884.00
TOTAL AMOUNT BID $ 2,318,702.50
D -6
CPA Federally Funded ADDENDUM NO. 1 Page 8 of 29
•
STATEMENT FOR SEPARATED CONTRACT COMPLIANCE:
TOTAL BASE BID: Non - consumable material and equipment.
(Tax Exempt) $ 1,676,655.00
TOTAL BASE BID: Skill, labor and consumable material, tools,
and equipment. (Not Tax Exempt) $ 419,163.50
Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount
shown in words shall govern. The above unit prices shall include labor, equipment overhead,
profit, insurance, etc. to cover the finished work of the several kinds called for.
BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive
any informalities in the bidding. In addition, the OWNER reserves the right to award the
Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID plus any
Alternate(s) described above which is most advantageous to the OWNER.
Respectfully submitted:
6601 Procter Ext.
Excavators & Constructors, LTD Port Arthur, TX 77642
(NAME OF CONTRACTOR) (ADDRESS)
BY: (409)962 -2677
Jay B raxton (TELEPHONE NUMBER)
TITLE: General Partner N/A
(LICENSE NUMBER IF APPLICABLE)
DATE: Wednesday, June 26, 2013
N/A
(SEAL, IF BIDDER IS A CORPORATION) (ATTEST) (EARL COOPER)
•
D -7
CPA Federally Funded ADDENDUM NO. 1 Page 9 of 29
BID OPENING DATE: June 26, 2013
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY: Excavators & Constructors, LTD
ADDRESS: 6601 Procter Ext.
CITY /STATE /ZIP: Port Arthur, TX 77642
SEND PURCHASE ORDER TO:
COMPANY: Excavators & Constructors, LTD
ADDRESS: 6601 Procter Ext.
CITY /STATE /ZIP: Port Arthur, TX 77642
TAX IDENTIFICATION NUMBER: 74- 1589839
D -8
CPA Federally Funded ADDENDUM NO. 1 Page 10 of 29
•
AFFIDAVIT
All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a duly
authorized officer of the company, whose signature is binding on the bid proposal.
The undersigned offers and agrees to one of the following:
✓ I. hereby certify that I do not have outstanding debts with the City of Port Arthur.
Further, I agree to pay succeeding debts as they become due during this agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agrees to pay said debts prior to execution of this agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agrees to enter into an agreement for the payment of said debts. I further agree to pay
succeeding debts as they become due.
NAME OF OFFERER: Jay Braxton
TITLE: General Partner, Excavators & Constructors, LTD
ADDRESS: 6601 Procter Ext.
CITY /STATE /ZIP: Port Arthur, TX 77642
TELEPHONE NUMBER: (409) 962 -2677
SIGNATURE:
SUBSCRIBED AND SWORN to before me by the above named Jay Braxton
on this the 26 day of JUNE , 2013.
Notary Public in and for the State of Texas
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
D -9
CPA Federally Funded ADDENDUM NO. 1 Page 11 of 29
CITY OF PORT ARTHUR
EXCEPTION /APPROVED EQUAL REQUEST
(Please submit this form for each exception /approved equal)
VENDOR: N/A TELEFAX:
PROJECT:
PAGE: OF PARAGRAPH:
SUBJECT:
Request:
Signature:
Jay Braxton,General Partner, Excavators & Constructors, LTD
FOR CITY OF PORT ARTHUR USE ONLY
Approved: Disapproved: Clarification:
Signature
City of Port Arthur Representative
D -10
CPA Federally Funded ADDENDUM NO. 1 Page 12 of 29
Grantee/Subrecipient: I City of Port Arthur
Include this document in all applicable bid packets.
otA
Texas General Land Office
Community Development Block Grant (CDBG)
Disaster Recovery Program
rs
rmr� °i ronca Contractor Certification of Efforts to Fully Comply
with Employment and Training Provisions of Section 3
Economic Opportunities for Low and Very Low- Income Persons
THE BIDDER REPRESENTS AND CERTIFIES AS PART OF ITS BID/OFFER THAT IT:
▪ Is a Section 3 Business Concern, A Section 3 Business Concern means a business concern:
1. That is 51% or more owned by Section 3 Resident(s); or
2. Whose permanent, full -time employees include persons, at least 30% of whom are currently Section 3 Residents, or
3. That provides evidence of a commitment to subcontract in excess of 25% of the dollar value of all subcontracts to be awarded to
Section 3 Business Concerns, that meet the qualifications set forth in paragraphs 1 or 2 herein,
0 Is NOT a Section 3 Business Concern, but who has and will continue to seek compliance with Section 3 by certifying the following efforts to
be undertaken.
EFFORTS TO AWARD SUBCONTRACTOR TO SECTION 3 CONCERNS
(Check ALL that apply)
ilg By contacting business assistance agencies, minority contractors associations and community organizations to inform them of the
contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solicit bids for a portion of the work.
❑ By advertising contracting opportunities by posting notices, which provide general information about the work to be contracted and where to
obtain additional information, in the common areas of the applicable development(s) owned and managed by the Housing Authority.
❑ By providing written notice to all known Section 3 Business Concerns of contracting opportunities. This notice should be in sufficient time to
allow the Section 3 Business Concems to respond to bid invitations
❑ By following up with Section 3 Business Concerns that have expressed interest in the contracting opportunities.
• By coordinating meetings at which Section 3 Business Concems could be informed of specific elements of the work for which subcontract
bids are being sought.
❑ By conducting workshops on contracting procedures and specific contracting opportunities in a timely manner so that Section 3 Business
Concerns can take advantage of contracting opportunities.
❑ By advising Section Business Concerns as to where they seek assistance to overcome barriers such as inability to obtain bonding, lines of
credit, financing, or insurance and aiding Section 3 Businesses in qualifying for such bonding , financing, insurance, etc....
❑ Where appropriate, by breaking out contract work into economically feasible units to facilitate participation by Section 3 businesses.
❑ By developing and using a list of eligible Section 3 Business Concerns.
❑ By actively supporting and undertaking joint ventures with Section 3 Businesses.
EFFORTS TO PROVIDE TRAINING AND EMPLOYMENT TO SECTION 3 RESIDENTS
❑ By entering into a 'first source" hiring agreements with organizations representing Section 3 Residents.
❑ By establishing training programs, which are consistent with the requirements of the Department of Labor, specifically for Section 3
Residents in the building trades.
❑ By advertising employment and training positions to dwelling units occupied by Category 1 and 2 residents.
❑ By contacting resident councils and other resident organizations in the affected housing development to request assistance in notifying
residents of the training and employment positions to be filled.
❑ By arranging interviews and conducting interviews on the job site.
❑ By undertaking such continued job efforts as may be necessary to ensure the continued employment of Section 3 Residents
previously hired for employment opportunities.
Contractor NamelBusiness Name: Excavators & Constructors
Signature Field I Date/Time Field 06 -26 -2013, 10:00 a.m.
Jay Braxton
ADDENDUM NO. 1 Page 13 of 29
CONTRACTOR'S LOCAL OPPORTUNITY PLAN
Excavators & Constructors, LTD agrees to implement the following specific affirmative action steps
directed at increasing the utilization of lower income residents and businesses within the
(City /County) of Jefferson County
A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the
project area and where advantageous, seek the assistance of local officials in preparing and
implementing the affirmative action plan.
B. To attempt to recruit from within the city the necessary number of lower income residents
through: local advertising media, signs placed at the proposed site for the project, and
community organizations and public or private institutions operating within and servicing the
project area such as Service Employment and Redevelopment (SER), Opportunities
Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown
Plan, or the U.S. Employment Service.
C. To maintain a list of all lower income residents who have applied either on their own or on
referral from any source, and to employ such persons, if otherwise eligible and if a vacancy
exists.
D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an
affirmative action plan including utilization goals and the specific steps planned to accomplish
these goals.
E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated
rather than a bid basis in areas other than the covered project area, are also let on a
negotiated basis, whenever feasible, in a covered project area.
F. To formally contact unions, subcontractors, and trade associations to secure their cooperation
in this effort.
G. To insure that all appropriate project area business concerns are notified of pending sub -
contractual opportunities.
H. To maintain records, including copies of correspondence, memoranda, etc., which document
that all of the above affirmative action steps have been taken.
I. To appoint or recruit an executive official of the company or agency as Equal Opportunity
Officer to coordinate the implementation of this plan.
J. To maintain records concerning the amount and number of contracts, subcontracts, and
purchases which contribute to objectives.
K. To maintain records of all projected work force needs for all phases of the project by
occupation, trade, skill level, and number of positions and to update these projections based
on the extent to which hiring meets these Local Opportunity objectives.
As officers and representatives of Excavators & Constructors, LTD , we the undersigned have
read and fully agree to this Plan, and become a party to the full implementation of the program
and its provisions.
Signature
General Partner 06 -26 -2013
Title Date
D -12
ADDENDUM NO. 1 Page 14 of 29
PROPOSED CONTRACTS BREAKDOWN
Type of Contracts No. of Approx. Total Estimated No. to Estimated $
Contracts Dollar Amount local Business Amount Local
Business
To Be Determined WhEn Contract is Awarded
ESTIMATED PROJECT WORKFORCE BREAKDOWN
Work Total Estimated No. of Positions No. of Positions No. of Positions
Classifications Positions Currently Filled not Filled to fill with L/M
Residents
Executive 2 2 0 Unknown
Superintentendent 1 1 0 Unknown
Foreman 1 1 0 Unknown
Operators 4 4 0 Unknown
Laborers 10 10 0 Unknown
Shop Maintenance 1 1 0 Unknown
Clerical 1 1 0 Unknown
Totals
D -13
ADDENDUM NO. 1 Page 15 of 29
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
Name of Bidder: Excavators & Constructors, LTD Date Organized: 1967
Address: 6601 Procter Ext., Port Arthur, TX 77642 Date Incorporated: 1967
Number of Years in contracting business under present name: 45+
CONTRACTS ON HAND:
Contract Amount $ Completion Date
SEE ATTACHED
Drainage, underground utilities, pavement, storm sew., san.
Type of work performed by your company: sewer, and roadway extensions
Have you ever failed to complete any work awarded to you? No
Have you ever defaulted on a contract? No
List the projects most recently completed by your firm (include project of similar importance):
Project Amount $ Mo/Yr Completed
Attached
Major equipment available for this contract: Attached
Attach resume(s) for the principal member(s) of your organization, including the officers as well as
the proposed superintendent for the project. Attached
Credit available: $ Attached Bank reference: See Attached
Bank Ref.
The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City of Port Arthur in verification of the recitals comprising this
Statement of Bidder's Qualifications.
Executed this 26th day of June , 2013 .
By:(signature) Title: General Partner
(print name) Jay Braxton
D -14
ADDENDUM NO. 1 Page 16 of 29
CONTRACTOR CERTIFICATIONS
U.S. Department of Housing and Urban Development
CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS
INSTRUCTIONS
CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to
adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This
includes practices related to race, color, gender, religion, national origin, disability, and veterans' rights.
NAME AND ADDRESS OF BIDDER (include ZIP Code)
Excavators & Constructors, LTD
6601 Procter Ext.
Port Arthur, TX 77642
CERTIFICATION BY BIDDER
Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations.
0 Yes ❑ No
The undersigned hereby certifies that:
El The Provision of Local Training, Employment, and Business Opportunities clause (Section 3 provision) is included in
the Contract. A written Section 3 plan (Local Opportunity Plan) was prepared and submitted as part of the bid
proceedings (if bid equals or exceeds $100,000).
p The Non Segregated Facilities clause (Section 109 provision) is included in the Contract. No segregated facilities
will be maintained as required by Title VI of the Civil Rights Act of 1964.
EA The Equal Employment Opportunity clause is included in the Contract (if bid equals or exceeds $10,000).
p The Affirmative Action for Handicapped Workers clause is included in the contract.
Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?
❑ Yes 12 No
Jay Braxton, General Partner
NAME AND TITLE OF SIGNER (Please type)
06 -26 -2013
SIGNATURE DATE
•
Jay Braxton
SECTION 504 CERTIFICATION
D -15
ADDENDUM NO. 1 Page 17 of 29
POLICY OF NONDISCRIMINATION ON THE BASIS
OF DISABILITY
Excavators &
Constructors, LTD
The Partnership . does not discriminate on the basis of disability in the admission or
access to, or treatment or employment in, its federally assisted programs or activities.
(Name) Jay Braxton - General Partner
Excavators & Constructors, LTD
(Address) RAO1 PrndtBr Fxt
Port Arthur, TX 77642
City State Zip
Telephone Number (409 ) 962 — 2677 Voice
( ) _ N/A TDD
has been designated to coordinate compliance with the nondiscrimination requirements
contained in the Department of Housing and Urban Development's (HUD) regulations
implementing Section 504 (24 CFR Part 8. dated June 2, 1988).
D -16
ADDENDUM NO. 1 Page 18 of 29
EXCAVATORS & CONSTRUCTORS, Ltd.
6601 Procter Ext.
PORT ARTHUR, TX 77642 -0969
Phone: (409) 962 -2677
Fax: (409) 962 -2771
Type of Business: Construction /Utility Contractors Years in Business: 46
Trade References: ACT Pipe & Supply Transit Mix .
P.O. Box 201810 P.O. Box 911205
Houston, TX 77216 -1810 Dallas, TX 75391 -1205
(800) 231 -9808 409 - 981 -1376 AMY
Bank: Orange Savings Bank Contact: Damon Vacek
960 N. Main 409- 221 -6181
Vidor, TX 77662
Sales Tax Status: EXEMPT
Bonding Company: Texas Bonding Company
2 Pierce Place
Itasca, IL 60143 -3141 Bonding Company Contact:
1- 972 - 930 -0641 Doug McElveen 337 - 478 -5485
Principals: M.J. Braxton Jay Braxton Earl Cooper
General Partner General Partner Engineer
Chief Operations Manager General Operations Manager Sr. Purchasing Agent
General Partner :AX TRIW
M. J. Braxton, Sr.
6601 Procter Ext.
• Port Arthur, TX 77642
Experience
1967 - PRESENT OWNER — EXCAVATORS & CONSTRUCTORS, Ltd.
Port Arthur, TX
As an Officer and Stock Holder of this company since its inception in 1967. I
have been involved in all phases of operational and administrative supervision.
Since 1979, I have been President and General Partner.
We are now in our forty fifth year and presently can do work from $25,000.00 to
$15,000,000.00. Over those years we have developed strong relationships with
local municipalities and engineering firms. We have successfully bid on and
• completed water, drainage and paving jobs for the Cities of Beaumont,
Nederland, Port Arthur, Groves, Orange, Houston, Pineland, Nacogdoches,
Shepard and the State of Texas. We have also obtained and completed paving
contracts with several private developers. We have completed water, sewer and
drainage improvement jobs for the cities of Port Neches, Nederland, Beaumont
and Port Arthur, as well as for Jefferson County Drainage District #10.
Although paving, water, sewage, and drainage are our primary interest, we also
construct water plants, sewer plants, and lift stations.
I have guided the cdnipany from its birth to the present and have been its sole
stockholder since December, 1979. I share in the day -to -day operations of the
company and have responsibilities for contract negotiations, customer contact,
personnel and payroll supervision, preparation of bid estimates and cost
controls. I also have primary responsibility for the day -to -day and long -range
financial management of the company.
1956 —1967 SELF - EMPLOYED SUB- CONTRACTOR
Beaumont, TX
During this period I purchased and operated several pieces of heavy equipment
acting as a sub - contractor on numerous small utility jobs. I gained experience in
operations and management techniques as I worked with various general
contractors.
1956 LONE STAR CONSTRUCTION
Beaumont, TX
Beginning as an Operator, I was promoted to Foreman within six months,
working on a variety of general construction jobs.
1953 — 1956 TROTTI AND THOMSON, INC.
Beaumont, TX
During the thEee years after graduation from high school, I was exposed to
several different phases of construction work with this company. I was hired as
Laborer and progressed through the job of Oiler to that of heavy equipment
Operator.
M.J. (JAY) Braxton, Jr.
6601 Procter Ext.
Port Arthur, TX 77642
Experience
1973 — Present EXCAVATORS & CONSTRUCTORS, Ltd.
Port Arthur, TX
General Partner
As General Partner, I have experience not only in the bid
preparation for potential jobs but for making decisions regarding
the financial and administrative operations of the company.
Originally hired , while attending High School, as a Laborer, then
moving on to Operator and Foreman, I have spent the last thirty
seven years learning and working in every aspect of construction
with respect, but not limited to, utility, road, sewer, and water and
drainage construction. ,Experience and responsibilities include not
only the day -to -day and hands -on operations of the business but
also the management, coordination and supervision of all payroll
and personnel activities.
Additional job functions include being the liaison between
customers, vendors and job superintendents in the capacity of
scheduling jobs, personnel, materials, subcontractors and
equipment.
I have been involved in the successful bidding and completion of
water, sewer, drainage and paving jobs for the Cities of Beaumont,
Nederland, Port Arthur, Orange and Groves. We have also
obtained and completed paving contracts with several private
developers. In addition to the above jobs, we have also
constructed water plants, sewer plants, and lift stations.
David A. Gray
6601 Procter Extension
Port Arthur, TX 77642 -0969
Experience
1999 — Present EXCAVATORS & CONSTRUCTORS, Ltd.
Port Arthur, TX
General Construction Superintendent
I started with Excavators and Constructors as a laborer and worked
up to Operator and Foreman to General Construction
Superintendent.
The last twelve years with Excavators have been spent learning
and working in every aspect of construction with respect, but not
limited to, utility, road, sewer, and water and drainage
construction: Experience and responsibilities include the day -to-
day and 'hands -on operations of the business but also the
management, coordination and supervision of personnel.
Additional job functions include being the liaison between
customers, vendors and job superintendents in the capacity of
scheduling jobs, personnel, materials, subcontractors and
equipment.
I have been involved in the successful bidding and completion of
water, sewer, drainage and paving jobs for the Cities of Beaumont,
Nederland, Port Arthur, Orange and Groves. We have also
obtained and completed paving contracts with several private
developers. In addition to the above jobs, have also been
instrumental in the construction of lift stations.
Earl T. Cooper - continued
1960 —1964 TROTTI AND THOMSON, INC.
Beaumont, TX
Beginning as a construction Helper, I was promoted successively to Job
Superintendent with the main focus on heavy highway construction.
1959 —1960 W. SMITH BRIDGE COMPANY
Mansfield, LA
Beginning as a youngster, recently graduated from High School, I started as a
Carpenter 's..i- 1per and was promoted to Ironworker Foreman. I was involved
in the constru of numerous culverts and bridges throughout the State of
Louisiana.
Earl T. Cooper, Jr.
6601 Procter Ext.
Port Arthur, TX 77642
Experience
1981— Present EXCAVATORS & CONSTRUCTORS, Ltd.
Port Arthur, TX
As General Superintendent, I share in the day -to -day operational supervision of
the company. I have responsibilities for contract negotiations, customer
relations, personnel and payroll supervision, preparation of bid estimates and
cost controls.
1974 —1980 ELDER CONSTRUCTION COMPANY, INC.
Houston, TX
Vice President and General Superintendent
Beginning with this successful construction firm as job superintendent for a
project in Little Rock, Arkansas, I steadily advanced to being in charge of the
daily operation of this company. Responsibilities included customer contacts
and relations, negotiating contracts, supervision of payrolls and personnel,
estimating the various jobs that were bid and actually operated. Other facets of
responsibility include overseeing all administrative duties.
1972 —1974 R. T. MARSHALL COMPANY
Houston, TX
Responsibilities included managing the overall operation of various contracts
engaged inli'the company at sites ranging from Nevada to Florida , including
various remote locations. Many of my activities involved negotiation with
political appointees in city administrations and local transient labor and
compliance with various city and state construction codes.
1967 —1972 BARCLAY — OWENS, INC.
Beaumont, TX
From Job Foreman to Area Superintendent, I was engaged in construction
management at various sites in Houston, Kerrville and other locations in the
Texas area. The main focus of the company was construction of utilities,
building petrochemical plants and similar activities.
1967 -1967 UTILITY CONSTRUCTORS, INC.
Beaumont, TX
Beginning as Job Foreman, I rose quickly to the position of General
Superintendent. This firm specialized in the construction of public utilities for
small cities.
1964 —1967 FIRESTONE TIRE AND RUBBER COMPANY
Orange, TX
Hired as Trai was quickly promoted to Class C Operator
SECTION :: E
, ',BID BOND
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE Excavators & Constructors, Ltd.
6601 Procter Ext., Port Arthur, TX 77642 -0969
as Principal, hereinafter called the Principal, and Texas Bonding. Company
16800 Imperial Dailey Drive, Suite 360, Houston, TX 77060
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Port Arthur
444 4th St., Port Arthur, TX 77640
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid
Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Highway 87 Water Line
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 26th day of June , 2013
Excavators & Constructors, Ltd.
a
Pdnci l
, p) (Seal)
I L (WitneSS)
By:
`3/t 4 r7. x I .1.3 G - ruaeALPAeiwr�lTine)
Texas Bonding Company
(Surety) 4 ^ (Seal)
Missy Johnson (Witness) ,c
By: /
Attom an -Fact Jacob Cory Williams (Title)
AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
DOUGLAS N. McELVEEN, JACOB CORY WILLIAMS
and SUSAN McELVEEN
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9 of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attomey named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
5, . 4 r�•i�s Z By Fu' CitPC%T J'G
J `SEAL I m f4 Steven P. Anderson, Senior Vice President of Washington international Insurance Company i SEAL F
a W i2 1873 r & Senior Vice President of North American Specialty !entrance Company Ot
• VAMP ,tg: pA O
p / \11 \\ " *••%� w ���
ra4M11P�t�
By
David M. Layman, Vice President of Washington International Insuronce Company 'trWtsuna0
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this day of June 2012
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 2 0th day of June , 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"oFFiciAL SEAL" k %).
/ O
DONNA D. SKLENS
Notary Public,StateofIllinois t Donna D. Sklens, Notary Public
My Commission Frf Tres (0/06/2015
I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 26 day of June , 20 13 .
ref Ire) Goldberg, Vice President & Assistant Secretary of
Washington international Insurance Company & North American Specialty Insurance Company
SECTION F
•
GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION!
GENERAL CONTRACT CONDITIONS
FOR CONSTRUCTION
1. Contract and Contract Documents
(a) The project to be constructed pursuant to this contract will be financed with assistance from
the CDBG and is subject to all applicable Federal and State laws and regulations.
(b) The Plans, Specifications and Addenda, hereinafter enumerated in 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.
2. Definitions
Whenever used in any of the contract Documents, the following meanings shall be given to the
terms here in defined:
(a) The term "Contract" means the Contract executed between the City of Port Arthur,
hereinafter called the Owner andExcavators & Constructors, LTD.hereinafter called
Contractor, of which these GENERAL CONDITIONS, form a part.
(b) The term "Project Area" means the area within which are the specified Contract limits of the
Improvements contemplated to be constructed in whole or in part under this contract.
(c) The term "Engineer" means Arceneaux & Gates Consulting Engineers, Inc., A Burrow
Global Company Engineer in charge, serving the Owner with architectural or engineering
services, his successor, or any other person or persons, employed by the Owner for the
purpose of directing or having in charge the work embraced in this Contract.
(d) The term "Contract Documents" means and shall include the following: Executed Contract,
Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General
Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the
Schedule of Drawings).
3. Supervision By Contractor
(a) Except where the Contractor is an individual and gives his personal supervision to the work,
the Contractor shall provide a competent superintendent, satisfactory to the Local Public
Agency and the Engineer, on the work at all times during working hours with full authority to
act for him. The Contractor shall also provide an adequate staff for the proper coordination
and expediting of his work.
(b) The Contractor shall lay out his own work and he shall be responsible for all work executed
by him under the Contract. He shall verify all figures and elevations before proceeding with
the work and will be held responsible for any error resulting from his failure to do so.
2009 TxCDBG Project Implementation Manual
Appendix K F -1
4. Subcontracts
(a) The Contractor shall not execute an agreement with any subcontractor or permit any
subcontractor to perform any work included in this contract until he has verified the
subcontractor as eligible to participate in federally funded contracts.
(b) No proposed subcontractor shall be disapproved by the city /county except for cause.
(c) The Contractor shall be as fully responsible to the city for the acts and omissions of his
subcontractors, and of persons either directly or indirectly employed by them.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative
to the work and required compliance by each subcontractor with the applicable provisions of
the Contract.
(e) Nothing contained in the Contract shall create any contractual relation between any
subcontractor and the Owner.
5. Fitting and Coordination of Work
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all trades, subcontractors, or material suppliers engaged upon this Contract.
6. Payments to Contractor
(a) Partial Payments
1) The Contractor shall prepare his requisition for partial payment as of the last day of the
month and submit it, with the required number of copies, to the Engineer for his
approval. The amount of the payment due the Contractor shall be determined by adding
to the total value of work completed to date, the value of materials properly stored on the
site and deducting (1) ten percent (10 %) of the total amount, to be retained until final
payment and (2) the amount of all previous payments. The total value of work
completed to date shall be based on the estimated quantities of work completed and on
the unit prices contained in the agreement. The value of materials properly stored on
the site shall be based upon the estimated quantities of such materials and the invoice
prices. Copies of all invoices shall be available for inspection of the Engineer.
2) Monthly or partial payments made by the Owner to the Contractor are moneys advanced
for the purpose of assisting the contractor to expedite the work of construction. The
Contractor shall be responsible for the care and protection of all materials and work
upon which payments have been made until final acceptance of such work and materials
by the Owner. Such payments shall not constitute a waiver of the right of the Owner to
require the fulfillment of all terms of the Contract and the delivery of all improvements
embraced in this Contract complete and satisfactory to the Owner in all details.
(b) Final Payment
1) After final inspection and acceptance by the Owner of all work under the Contract, the
Contractor shall prepare his requisition for final payment which shall be based upon the
careful inspection of each item of work at the applicable unit prices stipulated in the
2009 TxCDBG Project Implementation Manual
Appendix K F -2
Agreement. The total amount of the final payment due the Contractor under this
contract shall be the amount computed as described above less all previous payments.
2) The Owner before paying the final estimate, shall require the Contractor to furnish
releases or receipts from all subcontractors having performed any work and all persons
having supplied materials, equipment (installed on the Project) and services to the
Contractor, if the Owner deems it necessary in order to protect its interest. The Owner
may, if it deems such action advisable, make payment in part or in full to the Contractor
without requiring the furnishing of such releases or receipts and any payments made
shall in no way impair the obligations of any surety or sureties furnished under this
Contract.
3) Any amount due the Owner under Liquidated Damages, shall be deducted from the final
payment due the contractor.
(c) Payments Subject to Submission of Certificates
Each payment to the Contractor by the Owner shall be made subject to submission by the
Contractor of all written certifications required of him and his subcontractors.
(d) Withholding Payments
The Owner may withhold from any payment due the Contractor whatever is deemed
necessary to protect the Owner, and if so elects, may also withhold any amounts due from
the Contractor to any subcontractors or material dealers, for work performed or material
furnished by them. The foregoing provisions shall be construed solely for the benefit of the
Owner and will not require the Owner to determine or adjust any claims or disputes between
the Contractor and his subcontractors or material dealers, or to withhold any moneys for
their protection unless the Owner elects to do so. The failure or refusal of the Owner to
withhold any moneys from the Contractor shall in no way impair the obligations of any surety
or sureties under any bond or bonds furnished under this Contract.
7. Changes in the Work
(a) The Owner may make changes in the scope of work required to be performed by the
Contractor under the Contract without relieving or releasing the Contractor from any of his
obligations under the Contract or any guarantee given by him pursuant to the Contract
provisions, and without affecting the validity of the guaranty bonds, and without relieving or
releasing the surety or sureties of said bonds. All such work shall be executed under the
terms of the original Contract unless it is expressly provided otherwise. Additionally, all such
change orders must be approved by the CDBG staff prior to execution of same.
(b) Except for the purpose of affording protection against any emergency endangering health,
life, limb or property, the Contractor shall make no change in the materials used or in the
specified manner of constructing and /or installing the improvements or supply additional
labor, services or materials beyond that actually required for the execution of the Contract,
unless in pursuance of a written order from the Owner authorizing the Contractor to proceed
with the change. No claim for an adjustment of the Contract Price will be valid unless so
ordered.
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(c) If applicable unit prices are contained in the Agreement, the Owner may order the
Contractor to proceed with desired unit prices specified in the Contract; provided that in
case of a unit price contract the net value of all changes does not increase the original total
amount of the agreement by more than twenty -five percent (25 %) or decrease the original
the total amount by eighteen percent (18 %).
(d) Each change order shall include in its final form:
1) A detailed description of the change in the work.
2) The Contractor's proposal (if any) or a confirmed copy thereof.
3) A definite statement as to the resulting change in the contract price and /or time.
4) The statement that all work involved in the change shall be performed in accordance
with contract requirements except as modified by the change order.
5) The procedures as outlined in this Section for a unit price contract also apply in any lump
sum contract.
8. Claims for Extra Cost
(a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or
extension of time, he shall, within ten days after the receipt of such instructions, and in any
event before proceeding to execute the work, submit his protest thereto in writing to the
Owner, stating clearly and in detail the basis of his objections. No such claim will be
considered unless so made.
(b) Claims for additional compensation for extra work, due to alleged errors in ground
elevations, contour lines, or bench marks, will not be recognized unless accompanied by
certified survey data, made prior to the time the original ground was disturbed, clearly
showing that errors exist which resulted, or would result, in handling more material, or
performing more work, than would be reasonably estimated from the Drawings and maps
issued.
(c) Any discrepancies which may be discovered between actual conditions and those
represented by the Drawings and maps shall be reported at once to the Owner and work
shall not proceed except at the Contractor's risk, until written instructions have been
received by him from the Owner.
(d) If, on the basis of the available evidence, the Owner determines that an adjustment of the
Contract Price and /or time is justifiable, a change order shall be executed.
9. Termination, Delays, and Liquidated Damages
(a) Right of the Owner to Terminate Contract.
(b) In the event that any of the provisions of this contract are violated by the Contractor, or by
any of his subcontractors, the Owner may serve written notice upon the Contractor and the
Surety of its intention to terminate the contract. The notices shall contain the reasons for
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such intention to terminate the contract, and unless such violation or delay shall cease and
satisfactory arrangement of correction be made within ten days, the contract shall, upon the
expiration of said ten (10) days, cease and terminate. In the event of any such termination,
the Owner shall immediately serve notice thereof upon the Surety and the Contractor. The
Surety shall have the right to take over and perform the contract. Provided, however, that if
the Surety does not commence performance thereof within ten (10) days from the date of
the mailing to such Surety of notice of termination, the Owner may take over the work and
complete the project by bid /contract or by force account at the expense of the Contractor
and his Surety shall be liable to the Owner for any excess cost incurred. In such event the
Owner may take possession of and utilize in completing the work, such materials,
appliances, and plant as may be on the site of the work and necessary therefore.
(c) Liquidated Damages for Delays.
(d) If the work is not completed within the time stipulated in the applicable bid for Lump Sum or
Unit Price Contract provided, the Contractor shall pay to the Owner as fixed, agreed, and
liquidated damages (it being impossible to determine the actual damages occasioned by the
delay) the amount of $ 500.00 for each calendar day of delay, until the work is
completed. The Contractor and his sureties shall be liable to the Owner for the amount
thereof.
(e) Excusable Delays.
1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be
charged with liquidated damages for any delays in the completion of the work due to:
2) Any acts of the Government, including controls or restrictions upon or requisitioning of
materials, equipment, tools, or labor by reason of war, national defense, or any other
national emergency;
3) Any acts of the Owner;
4) Causes not reasonably foreseeable by the parties to this Contract at the time of the
execution of the Contract which are beyond the control and without the fault or
negligence of the Contractor, including, but not restricted to, acts of God or of the public
enemy, acts of another Contractor in the performance of some other contract with the
Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and
weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme
weather conditions.
5) Provided, however, that the Contractor promptly notifies the Owner within ten (10) days
in writing of the cause of the delay. Upon receipt of such notification, the Owner shall
ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and
the terms of this contract, the delay is properly excusable, the Owner shall extend the
time for completing the work for a period of time commensurate with the period of
excusable delay.
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10. Assignment or Novation
The Contractor shall not assign or transfer, whether by an assignment or novation, any of its
rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the
written consent of the Owner; provided, however, that assignments to banks or other financial
institutions may be made without the consent of the Owner. No assignment or novation of this
Contract shall be valid unless the assignment or novation expressly provides that the assignment
of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor
performed, services rendered, and materials, tools, and equipment supplied for the performance
of the work under this Contract in favor of all persons, firms, or corporations rendering such labor
or services or supplying such materials, tools, or equipment.
11. Disputes
(a) All disputes arising under this Contract or its interpretation except those disputes covered by
FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or
extra work, and all claims for alleged breach of contract shall, within ten (10) days of
commencement of the dispute, be presented by the Contractor to the Owner for decision.
Any claim not presented within the time limit specified in this paragraph shall be deemed to
have been waived, except that if the claim is of a continuing character and notice of the
claim is not given within ten (10) days of its commencement, the claim will be considered
only for a period commencing ten (10) days prior to the receipt of the Owner.
(b) The Contractor shall submit in detail his claim and his proof thereof.
(c) If the Contractor does not agree with any decision of the Owner, he shall in no case allow
the dispute to delay the work but shall notify the Owner promptly that he is proceeding with
the work under protest.
12. Technical Specifications and Drawings
Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa,
shall be of like effect as if shown on or mentioned in both. In case of difference between
Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any
discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to
the Owner, without whose decision, said discrepancy shall not be adjusted by the Contractor,
save only at his own risk and expense.
13. Shop Drawings
(a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to
the Engineer in 6 copies for approval sufficiently in advance of requirements to afford
ample time for checking, including time for correcting, resubmitting and rechecking if
necessary. The Contractor may proceed, only at his own risk, with manufacture or
installation of any equipment or work covered by said shop drawings, etc. until they are
approved and no claim, by the Contractor, for extension of the contract time shall be granted
by reason of his failure in this respect.
(b) Any drawings submitted without the Contractor's stamp of approval will not be considered
and will be returned to him for proper resubmission. If any drawings show variations from
the requirements of the Contract because of standard shop practice or other reason, the
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Contractor shall make specific mention of such variation in his letter of transmittal in order
that, if acceptable, suitable action may be taken for proper adjustment of contract price
and /or time, otherwise the Contractor will not be relieved of the responsibility for executing
the work in accordance with the Contract even though the drawings have been approved.
(c) If a shop drawing is in accordance with the contract or involves only a minor adjustment in
the interest of the Owner not involving a change in contract price or time; the engineer may
approve the drawing. The approval shall not relieve the Contractor from his responsibility
for adherence to the contract or for any error in the drawing.
14. Requests for Supplementary Information
It shall be the responsibility of the Contractor to make timely requests of the Owner for any
additional information not already in his possession which should be furnished by the Owner
under the terms of this Contract, and which he will require in the planning and execution of the
work. Such requests may be submitted from time to time as the need approaches, but each shall
be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid
delay. Each request shall be in writing, and list the various items and the latest date by which
each will be required by the Contractor. The first list shall be submitted within two weeks after
Contract award and shall be as complete as possible at that time. The Contractor shall, if
requested, furnish promptly any assistance and information the Engineer may require in
responding to these requests of the Contractor. The Contractor shall be fully responsible for any
delay in his work or to others arising from his failure to comply fully with the provision of this
section.
15. Materials and Workmanship
(a) Unless otherwise specifically provided for in the technical specifications, all workmanship,
equipment, materials and articles incorporated in the work shall be new and the best grade
of the respective kinds for the purpose. Where equipment, materials, articles or
workmanship are referred to in the technical specifications as "equal to" any particular
standard, the Engineer shall decide the question of equality.
(b) The Contractor shall furnish to the Owner for approval the manufacturer's detailed
specifications for all machinery, mechanical and other special equipment, which he
contemplates installing together with full information as to type, performance characteristics,
and all other pertinent information as required, and shall likewise submit for approval full
information concerning all other materials or articles which he proposes to incorporate.
(c) Machinery, mechanical and other equipment, materials or articles installed or used without
such prior approval shall be at the risk of subsequent rejection.
(d) Materials specified by reference to the number or symbol of a specific standard, shall
comply with requirements in the latest revision thereof and any amendment or supplement
thereto in effect on the date of the Invitation for Bids, except as limited to type, class or
grade, or modified in the technical specifications shall have full force and effect as though
printed therein.
(e) The Owner may require the Contractor to dismiss from the work such employee or
employees as the Owner or the Engineer may deem incompetent, or careless, or
insubordinate.
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•
16. Samples, Certificates and Tests
(a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc.,
as called for in the contract documents or required by the Engineer, promptly after award of
the contract and acceptance of the Contractor's bond. No such material or equipment shall
be manufactured or delivered to the site, except at the Contractor's own risk, until the
required samples or certificates have been approved in writing by the Engineer. Any delay
in the work caused by late or improper submission of samples or certificates for approval
shall not be considered just cause for an extension of the contract time.
(b) Each sample submitted by the Contractor shall carry a label giving the name of the
Contractor, the project for which it is intended, and the name of the producer. The
accompanying certificate or letter from the Contractor shall state that the sample complies
with contract requirements, shall give the name and brand of the product, its place of origin,
the name and address of the producer and all specifications or other detailed information
which will assist the Engineer in making a prompt decision regarding the acceptability of the
sample. It shall also include the statement that all materials or equipment furnished for use
in the project will comply with the samples and /or certified statements.
(c) Approval of any materials shall be general only and shall not constitute a waiver of the
Owner's right to demand full compliance with Contract requirements. After actual deliveries,
the Engineer will have such check tests made as he deems necessary in each instance and
may reject materials and equipment and accessories for cause, even though such materials
and articles have been given general approval. If materials, equipment or accessories
which fail to meet check tests have been incorporated in the work, the Engineer will have
the right to cause their removal and replacement by proper materials or to demand and
secure such reparation by the Contractor as is equitable.
(d) Except as otherwise specifically stated in the Contract, the costs of sampling and testing will
be divided as follows:
1) The Contractor shall furnish without extra cost, including packing and delivery charges,
all samples required for testing purposes, except those samples taken on the project by
the Engineer;
2) The Contractor shall assume all costs of re- testing materials which fail to meet contract
requirements;
3) The Contractor shall assume all costs of testing materials offered in substitution for
those found deficient;
4) The Owner will pay all other expenses.
17. Permits and Codes
(a) The Contractor shall give all notices required by and comply with all applicable laws,
ordinances, and codes of the Local Government. All construction work and /or utility
installations shall comply with all applicable ordinances, and codes including all written
waivers. Before installing any work, the Contractor shall examine the drawings and
technical specifications for compliance with applicable ordinances and codes and shall
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immediately report any discrepancy to the Owner. Where the requirements of the drawings
and technical specifications fail to comply with such applicable ordinances or codes, the
Owner will adjust the Contract by Change Order to conform to such ordinances or codes
(unless waivers in writing covering the difference have been granted by the governing body
or department) and make appropriate adjustment in the Contract Price or stipulated unit
prices.
(b) Should the Contractor fail to observe the foregoing provisions and proceed with the
construction and /or install any utility at variance with any applicable ordinance or code,
including any written waivers (notwithstanding the fact that such installation is in compliance
with the drawings and technical specifications), the Contractor shall remove such work
without cost to the Owner.
(c) The Contractor shall at his own expense, secure and pay for all permits for street pavement,
sidewalks, shed, removal of abandoned water taps, sealing of house connection drains,
pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the
local regulatory body or any of its agencies.
(d) The Contractor shall comply with applicable local laws and ordinances governing the
disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and
commit no trespass on any public or private property in any operation due to or connected
with the Improvements contained in this Contract.
(e) The Contractor will be required to make arrangements for and pay the water, electrical
power, or any other utilities required during construction.
(f) During construction of this project, the Contractor shall use every means possible to control
the amount of dust created by construction. Prior to the close of a day's work, the
Contractor, if directed by the Owner, shall moisten the bank and surrounding area to prevent
a dusty condition.
18. Care of Work
(a) The Contractor shall be responsible for all damages to person or property that occur as a
result of his fault or negligence in connection with the prosecution of the work and shall be
responsible for the proper care and protection of all materials delivered and work performed
until completion and final acceptance.
(b) The Contractor shall provide sufficient competent watchmen, both day and night, including
Saturdays, Sundays, and holidays, from the time the work is commenced until final
completion and acceptance.
(c) In an emergency affecting the safety of life, limb or property, including adjoining property,
the Contractor, without special instructions or authorization from the Owner is authorized to
act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall
likewise act if instructed to do so by the Owner.
(d) The Contractor shall avoid damage as a result of his operations to existing sidewalks,
streets, curbs, pavements, utilities (except those which are to be replaced or removed),
adjoining property, etc., and he shall at his own expense completely repair any damage
thereto caused by his operations.
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(e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all
foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of
the site, which may be in any way affected by the excavations or other operations connected
with the construction of the improvements included in this Contract. The Contractor shall be
responsible for the giving of any and all required notices to any adjoining or adjacent
property owner or other party before the commencement of any work. The Contractor shall
indemnify and save harmless the Owner from any damages on account of settlements or
the loss of lateral support of adjoining property and from all loss or expense and all
damages for which the Owner may become liable in consequence of such injury or damage
to adjoining and adjacent structures and their premises.
19. Accident Prevention
(a) No laborer or mechanic employed in the performance of this Contract shall be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his health or safety as determined under construction safety and health
standards promulgated by the Secretary of Labor.
(b) The Contractor shall exercise proper precaution at all times for the protection of persons and
property and shall be responsible for all damages to persons or property, either on or off the
site, which occur as a result of his prosecution of the work.
(c) The Contractor shall maintain an accurate record of all cases of death, occupational
disease, or 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 shall promptly
furnish the Owner with reports concerning these matters.
(d) The Contractor shall indemnify and save harmless the Owner from any claims for damages
resulting from property damage, personal injury and /or death suffered or alleged to have
been suffered by any person as a result of any work conducted under this contract.
(e) The Contractor shall provide trench safety for all excavations more than five feet deep prior
to excavation. All OSHA Standards for trench safety must be adhered to by the Contractor.
(f) The contractor shall at all times conduct his work in such a manner as to insure the least
possible inconvenience to vehicular and pedestrian traffic. At the close of the work each
day, all streets where possible in the opinion of the Owner, shall be opened to the public in
order that persons living in the area may have access to their homes or businesses by the
use of the streets. Barricades, warning signs, and necessary lighting shall be provided to
the satisfaction of the Owner at the expense of the Contractor.
20. Sanitary Facilities
The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the
needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as
required. Drinking water shall be provided from an approved source, so piped or transported as to
keep it safe and fresh and served from single service containers or satisfactory types of sanitary
drinking stands or fountains. All such facilities and services shall be furnished in strict accordance
with existing and governing health regulations.
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21. Use of Premises
(a) The Contractor shall confine his equipment, storage of materials, and construction
operations to the contract limits as shown on the drawings and as prescribed by ordinances
or permits, or as may be desired by the Owner, and shall not unreasonably encumber the
site or public rights of way with his materials and construction equipment.
(b) The Contractor shall comply with all reasonable instructions of the Owner and all existing
state and local regulations regarding signs, advertising, traffic, fires, explosives, danger
signals, and barricades.
22. Removal of Debris, Cleaning, Etc.
The Contractor shall, periodically or as directed during the progress of the work, remove and
legally dispose of all surplus excavated material and debris, and keep the Project Area and public
rights of way reasonably clear. Upon completion of the work, he shall remove all temporary
construction facilities, debris and unused materials provided for work, and put the whole site of the
work and public rights of way in a neat and clean condition.
23. Inspection
(a) All materials and workmanship shall be subject to inspection, examination, or test by the
Owner and Engineer at any and all times during manufacture or construction and at any and
all places where such manufacture or construction occurs. The Owner shall have the right
to reject defective material and workmanship or require its correction. Unacceptable
workmanship shall be satisfactorily corrected. Rejected material shall be promptly
segregated and removed from the Project Area and replaced with material of specified
quality without charge. If the Contractor fails to proceed at once with the correction of
rejected workmanship or defective material, the Owner may by contract or otherwise have
the defects remedied or rejected materials removed from the Project Area and charge the
cost of the same against any Monies which may be due the Contractor, without prejudice to
any other rights or remedies of the Owner.
(b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which
may be required. All tests by the Owner will be performed in such manner as not to delay
the work unnecessarily and will be made in accordance with the provisions of the technical
specifications.
(c) The Contractor shall notify the Owner sufficiently in advance of back filling or concealing any
facilities to permit proper inspection. If any facilities are concealed without approval or
consent of the Owner, the Contractor shall uncover for inspection and recover such facilities
at his own expense, when so requested by the Owner.
(d) Should it be considered necessary or advisable by the Owner at any time before final
acceptance of the entire work to make an examination of work already completed by
uncovering the same, the Contractor shall on request promptly furnish all necessary
facilities, labor, and material. If such work is found to be defective in any important or
essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall
defray all the expenses of such examination and of satisfactory reconstruction. If, however,
such work is found to meet the requirements of the Contract, the actual cost of labor and
material necessarily involved in the examination and replacement, shall be allowed the
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Contractor and he shall, in addition, if completion of the work of the entire Contract has been
delayed thereby, be granted a suitable extension of time on account of the additional work
involved.
(e) Inspection of materials and appurtenances to be incorporated in the improvements included
in this Contract may be made at the place of production, manufacture or shipment,
whenever the quantity justifies it, and such inspection and acceptance, unless otherwise
stated in the technical specifications, shall be final, except as regards (1) latent defects, (2)
departures from specific requirements of the Contract, (3) damage or loss in transit, or (4)
fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in
the preceding sentence, the inspection of materials as a whole or in part will be made at the
Project Site.
(f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the
Owner or its agents shall relieve the Contractor or his sureties of full responsibility for
materials furnished or work performed not in strict accordance with the Contract.
24. Review by Owner
The Owner and its authorized representatives and agents shall have access to and be permitted
to observe and review all work, materials, equipment, payrolls, personnel records, employment
conditions, material invoices, and other relevant data and records pertaining to this Contract,
provided, however that all instructions and approval with respect to the work will be given to the
Contractor only by the Owner through its authorized representatives or agents.
25. Final Inspection
When the Improvements included in this Contract are substantially completed, the Contractor
shall notify the Owner in writing that the work will be ready for final inspection on a definite date
which shall be stated in the notice. The Owner will make the arrangements necessary to have
final inspection commenced on the date stated in the notice, or as soon thereafter as is
practicable.
26. Deduction for Uncorrected Work
If the Owner deems it not expedient to require the Contractor to correct work not done in
accordance with the Contract Documents, an equitable deduction from the Contract Price will be
made by agreement between the Contractor and the Owner and subject to settlement, in case of
dispute, as herein provided.
27. Insurance
The Contractor shall not commence work under this contract until he has obtained all the
insurance required under this paragraph and such insurance has been approved by the Owner.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of
this contract Worker's Compensation Insurance as required by the State of Texas for all of
his employees to be engaged in work at the site of the project under this contract and, in
case of any such work sublet, the Contractor shall require the subcontractor similarly to
provide Worker's Compensation Insurance for all of the employees to be engaged in such
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work unless such employees are covered by the protection afforded by the Contractor's
Worker's Compensation Insurance.
(1) Standard Worker's Compensation Insurance (with waiver of subrogation
in favor of the City of Port Arthur, Arceneaux & Gates Consulting
Engineering, Inc., A Burrow Global Company, 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).
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall procure and shall maintain during the life of this contract
Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and
Vehicle Liability Insurance in the following amounts:
(1) Commercial General Liability occurrence type insurance. No.
"XCU" RESTRICTIONS SHALL BE APPLICABLE.
Products /completed operations coverage must be included, and
City of Port Arthur, Arceneaux & Gates Consulting Engineering,
Inc., A Burrow Global Company, its officers, agents, and
employees must be named as an additional Insured).
a. Bodily Injury $500,000 single limit per occurrence
or $500,000 each person /$500,000 per occurrence
for contracts of $100,000 or Tess; or,
b. Bodily Injury $1,000,000 single limit per
occurrence of $1,000,000 each person /$1,000,000
per occurrence for contracts in excess of $100,000;
and,
c. Property Damage $100,000 per occurrence regardless
of Contract amount; and,
d. Minimum aggregate policy year limit of $1,000,000
for contracts of $100,000 or Tess; or,
e. Minimum aggregate policy year limit of $2,000,000
for contracts in excess of $100,000.
(2) Comprehensive Automobile Liability (Including owned, non -
owned and hired vehicles coverage).
a. Minimum combined single limit of $500,000 per
occurrence for bodily injury and property damage.
b. If individual limits are provided, minimum limits
are $300,000 per person, $500,000 per occurrence
for bodily injury and $100,000 per occurrence for
property damage.
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(3) 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;
(4) All -Risk Builder's Risk of the non - reporting type
(not required for paving projects, water and sewer
line projects or projects involving lump sum payments).
(c) Proof of Insurance: The Contractor shall furnish the Owner with certificates showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
Such certificates shall also contain substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered, except after ten (10)
days written notice has been received by the Owner."
28. Warranty of Title
No material, supplies, or equipment to be installed or furnished under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale, lease- purchase or other
agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant
good title to all materials, supplies, and equipment installed or incorporated in the work and upon
completion of all work, shall deliver the same together with all improvements and appurtenances
constructed or placed by him to the Owner free from any claims, liens, or charges. Neither the
Contractor nor any person, firm, or corporation furnishing any material or labor for any work
covered by this Contract shall have any right to a lien upon any improvement or appurtenance.
Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing
materials or labor to recover under any law permitting such persons to look to funds due the
Contractor in the hands of the Owner. The provisions of this paragraph shall be inserted in all
subcontracts and material contracts and notice of its provisions shall be given to all persons
furnishing materials for the work when no formal contract is entered into for such materials.
29. Warranty of Workmanship and Materials
Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of
the improvements included in this Contract by the Owner or the public shall constitute an
acceptance of work not done in accordance with the Contract or relieve the Contractor of liability
in respect to any express warranties or responsibility for faulty materials or workmanship. The
Contractor shall promptly remedy any defects in the work and pay for any damage to other work
resulting therefrom which shall appear within a period of 12 months from the date of final
acceptance of the work.
30. Compliance with Air and Water Acts
(a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the
regulations of the Environmental Protection Agency with respect thereto, the Contractor
agrees that:
1) Any facility to be utilized in the performance of this contract or any subcontract shall not
be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20.
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2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended.
3) Materials utilized in the project shall be free of any hazardous materials, except as may
be specifically provided for in the specifications.
(b) If the Contractor encounters existing material on sites owned or controlled by the Owner or in
material sources that are suspected by visual observation or smell to contain hazardous
materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will
be responsible for testing for and removal or disposition of hazardous materials on sites
owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during
the testing, removal or disposition of hazardous materials on sites owned or controlled by the
Owner.
31. Equal Employment Opportunity
(a) The Contractor will not discriminate against any employee or the applicant for employment
because of race, color, religion, sex, gender, 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, gender, or national
origin. Such action shall include, but not be limited to the following: employment,
promotion, 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 by the owner.
(b) The 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, or national origin.
(c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
(d) The Contractor shall take affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions.
(e) Contractors are encouraged to participate in voluntary associations which assist in fulfilling
their affirmative action obligations.
(f) The Contractor 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.
(g) The Contractor shall not use the affirmative action standards to discriminate against any
person because of race, color, religion, sex, or national origin.
(h) The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts.
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(i) Nothing herein provided shall be construed as a limitation upon 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.
32. Affirmative Action for Workers with Disabilities
The Contractor will not discriminate against any employee or applicant for employment because of
disability in regard to any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in employment and otherwise
treat qualified individuals with disabilities without discrimination based upon their disability in all
employment practices such as the following: employment, promotion, demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
33. 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.
34. The Provision of Local Training, Employment, and Business Opportunities
(a) To the greatest extent feasible opportunities for training and employment be given lower
income residents of the project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project.
(b) The Contractor will include this clause in every subcontract for work in connection with the
project.
35. Non Segregated Facilities
The Contractor certifies that h does not and will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he does not and will not permit his
employees any segregated fa ilities at any of his establishments, or permit his employees to
perform their services at an location, under his control, where segregated facilities are
maintained. As used in this p ragraph the term "segregated facilities" means any waiting rooms,
work areas, rest rooms and w shrooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or
national origin, because of habit, local custom, or otherwise.
36. Job Offices
(a) The Contractor and his subcontractors may maintain such office and storage facilities on the
site as are necessary for the proper conduct of the work. These shall be located so as to
cause no interference to any work to be performed on the site. The Owner shall be
consulted with regard to locations.
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(b) Upon completion of the improvements, or as directed by the Owner, the Contractors shall
remove all such temporary structures and facilities from the site, and leave the site of the
work in the condition required by the Contract.
37. Partial Use of Site Improvements
The Owner may give notice to the Contractor and place in use those sections of the
improvements which have been completed, inspected and can be accepted as complying with the
technical specifications and if in its opinion, each such section is reasonably safe, fit, and
convenient for the use and accommodation for which it was intended, provided:
(a) The use of such sections of the Improvements shall in no way impede the completion of the
remainder of the work by the Contractor.
(b) The Contractor shall not be responsible for any damages or maintenance costs due directly
to the use of such sections.
(c) The period of guarantee stipulated in the Section 29 hereof shall not begin to run until the
date of the final acceptance of all work which the Contractor is required to construct under
this Contract.
38. Contract Documents and Drawings
The Local Public Agency will furnish the Contractor without charge 6 copies of the Contract
Documents, including Technical Specifications and Drawings. Additional copies requested by the
Contractor will be furnished at cost.
39. Contract Period
The work to be performed under this contract shall commence within the time stipulated by the
Owner in the Notice to Proceed, and shall be fully completed within 270 calendar days thereafter.
40. Liquidated Damages
Since the actual damages for any delay in completion of the work under this contract are
impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the
Owner the sum of Five Hundred Dollars ($ 500.00) as fixed, agreed and liquidated damages
for each calendar day of delay from the above stipulated time for completion.
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Federal Labor Standards Provisions U.S. Department of Housing
And Urban Development
The Project or Program to which the construction work covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant
to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. 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 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 29 CFR
5.5(a)(1)(iv); 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 classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and
the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(a) 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 rate and fringe benefits therefore 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 HUD or its designee 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 HUD or its designee
to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will
notify HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215 - 0140).
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional
time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140).
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs
(1)(b) or (c) of this paragraph, 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 an 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
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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. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140).
2. Withholding. HUD or its designee 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, HUD or its
designee 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on
account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to
the respective employees to whom they are due. The Comptroller General shall make such disbursements in the
case of direct Davis -Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work 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 or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there 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 (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. (Approved by the Office of Management and Budget under OMB Control
Numbers 1215 -0140 and 1215 - 0017).
(ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of
all payrolls to HUD or its designee 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 HUD
or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR Part 5.5(a)(3)(i). 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 - 0014 -1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
and Budget under OMB Control Number 1215 - 0149).
(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 29
CFR Part 5.5(a)(3)(i) 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 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
A.3.(ii)(b) of this section.
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(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 HUD or its designee 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, HUD or its designee
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 Part 5.12.
(4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at Tess 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 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 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 Tess 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.
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6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be 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 Part 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
David -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this
contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within
the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of Labor, or the employees or their representatives.
10. (i) Certification of Eligibility. 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) or to be
awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD
contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions ",
provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration... makes,
utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned
not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or
instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and
"mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in subparagraph (1) of this paragraph, 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 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 subparagraph
(1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to
work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee 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 with the same prime contract,
or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
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subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29
Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract
Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat.96).
(3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions
will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the
Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such
provisions.
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•
SECTION G'
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
• A. GENERAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd
Legislature Acts of 1933, Page 91, Chapter 45, provides that any government subdivision
shall ascertain the general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craft or type of workman or mechanic and shall specify
in the call for bids and in the Contract the prevailing rate of per diem wages which shall
be paid for each craft type of workman. This Article further provides that the
CONTRACTOR shall forfeit, as a penalty, to the City, County, or State, or other political
subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic
who is not paid the stipulated wage for the type of work performed by him as set up on
the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after
full investigation by the awarding body, the amount of this penalty in any payment that
might be claimed by the CONTRACTOR or Subcontractor. The Act makes the
CONTRACTOR responsible for the acts of the Subcontractor in this respect.
The Article likewise requires that the CONTRACTOR and Subcontractor keep an
accurate record of the names and occupations of all persons employed by him and show
the actual per diem wages paid to each worker, and these records are open to the
inspection of the OWNER.
B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto.
G -1
ADDENDUM NO. 1 Page 19 of 29
General Decision Number: TX130079 04/05/2013 TX79
Superseded General Decision Number: TX20120079
State: Texas
Construction Type: Heavy
Counties: Hardin, Jefferson and Orange Counties in Texas.
HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines
and Excluding Industrial and Processing Plants, and Refineries)
Modification Number Publication Date
0 01/04/2013
1 04/05/2013
* ELEC0479 -003 12/31/2012
Rates Fringes
ELECTRICIAN $ 26.00 11.42
SUTX2000 -002 02/11/2000
Rates Fringes
Carpenters:
Form Building /Form Setting $ 13.15
All Other Work $ 13.56
Concrete Finisher $ 13.50
Laborers:
Common $ 7.41
Pipelayer $ 8.29
Painters:
Spray and Brush $ 12.07
PILEDRIVERMAN $ 13.65
PLUMBER $ 18.28 4.69
Power equipment operators:
Backhoe $ 15.55 1.89
Bulldozer $ 15.00
Crane $ 13.77
Front End Loader $ 10.63
Trackhoe $ 15.60
Truck drivers:
Dump $ 10.00
G - 2
ADDENDUM NO. 1 Page 20 of 29
' WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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 union or non - union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198 -005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four -digit number, 0198, that follows 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.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate /collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
0000/9999: weighted union wage rates will be published annually
each January.
Non -Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non -union data. Example: SULA2004 -007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana;. 2004 is the year of the
survey; and 007 is an internal number used in producing the
G -3
ADDENDUM NO. 1 Page 21 of 29
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
•
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted •
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.) -
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
•
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
•
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
G - 4
ADDENDUM NO. 1 Page 22 of 29
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
G -5
ADDENDUM NO. 1 Page 23 of 29
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
•
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (appropriate recipient) DATE June 26, 2013
The City of Port Arthur PROJECT NUMBER (if any) CPA-700 (10-25034)
C/O PROJECT NAME
Highway 87 Water Line
1. The undersigned, having executed a contract with the City of Port Arthur
for the construction of the above - identified project, acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract,
°
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any
lower tier subcontractors, is his responsibility.
2. He certifies that:
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible
contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the
Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended.
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or
any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as
an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,
including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning
Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
4. He certifies that:
(a) The legal name and the business address of the undersigned are:
Excavators & Constructors, LTD
•
6601 Procter Ext.
Port Arthur, TX 77642
(b) The undersigned is:
(1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF
•
(2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe)
(c) The name, title and address of the owner, partners or officers of the undersigned are:
NAME TITLE ADDRESS
M.J. Braxton, Sr. General Partner 6601 Procter Ext., Port Arthur, TX 77642
° M.J. (Jay) Braxton, Jr. General Partner 6601 Procter Ext., Port Arthur, TX 77642
G -6
ADDENDUM NO. 1 Page 24 of 29
(d) The names and addresses of all other persons having a substantial interest in the undersigned, and the nature of the
interest are:
NAME ADDRESS NATURE OF INTEREST
N/A
(e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned
has a substantial interest are:
NAME ADDRESS TRADE CLASSIFICATION
N/A
Excavators & Constructors, LTD
(Contractor)
Date 06 -26 -2013
By
Jay Braxton - General Partner
G -7
ADDENDUM NO. 1 Page 25 of 29
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of Texas
County of Jefferson
Jay Braxton , being first duly sworn, deposes and says that:
General Excavators &
(1) He is Partner of Constructors, LTD , the Bidder that has submitted the attached Bid;
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with another Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder,
or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder,
or to secure through any collusion, conspiracy, connivance or unlawful agreement any
advantage against the City of Port Arthur (Local Public Agency) or any person interested in the
proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Jay Braxton
General Partner
Title
Subscribed and sworn to me this 26th day of June. 2013
By:
Notary Public
My commission expires
G -8
ADDENDUM NO. 1 Page 26 of 29
SECTION, H.
SUPPLEMENTAL GENERAL 'CONDITIONS
SUPPLEMENTAL GENERAL CONDITIONS - PART A
A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL
SPECIFICATIONS is entitled: HIGHWAY 87 WATER LINE, Job No. CPA -700,
Contract No.1.
B. DESCRIPTION OF WORK.
Contractor shall furnish all materials, appliances, tools, equipment, transportation, services,
and all labor and superintendence necessary for the construction of work as described in
these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general,
consists of construction of a HIGHWAY 87 WATER LINE. 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.
Sheet No. Title
1 Cover Sheet
2 Legend and Notes
3 Project Layout
4 Project Layout
5 -45 Alignment "A" Plan and Profile
46 -49 SW3P
50 SW3P Index
51 SW3P Details
52 Details
D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS
listed in Paragraph C. above, is included in items of BID for which unit prices are shown,
and these prices shall be basis of payment.
E. OTHER CONTRACTS. Other construction may be underway concurrently in this area.
Contractor shall afford utility companies and other Contractors reasonable opportunity for
introduction and storage of their material and execution of their work. All work under this
Contract must be properly connected and coordinated with that constructed by others.
F. SEQUENCE OF WORK. City of Port Arthur 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
H -1A
requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item,
the requirements as set forth in the Special Provisions shall govern.
H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have
been established for Supplemental Items shown in SECTION D - BID. The Contractor may
not bid a unit price less than the minimum value; however, he may increase the minimum
unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall
apply. These items are included to facilitate payment for charges and alterations that may be
required to complete work. The actual work as provided by the GENERAL and SPECIAL
CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on
PLANS is described in BID items other than Supplemental Pay Items. When work covered by
Supplemental Items is requested by the Contractor and approved by the Engineer, payment
will be based on the quantity actually constructed and Unit Prices bid in BID.
I. AS -BUILT DIMENSIONS. Contractor to make daily measurements of facilities
constructed and keep accurate records of location (horizontal and vertical) of all facilities.
On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked
with red pencil 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 restaking.
K. PROJECT SIGN. The contractor shall have a temporary sign erected in a prominent
location at the construction project site or along a major thoroughfare within the
community as directed by the Owner. The formatting of such signage shall be legible from
at least three (3) feet distance and have the following wording:
"This project is funded by the General Land Office of the State of Texas, to provide for disaster
recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes.
Funds allocated by the United States Department of Housing and Urban Development through
the Community Development Block Grant Program."
H -2A
GLO PROJECT SIGN
The Contractor shall supply, erect, and maintain in good condition a project sign
according to the specifications set forth below:
GLO SITE SIGN SPECIFICATIONS
Size: 18 inch vertical by 24 inch horizontal
Materials: Heavy duty aluminum sign, 80 mil
Erection: Single leg Square Steel Tube skid sign support. (see attached)
Paint: 3M Screen Printing or 3M outdoor digital inking
Colors: Logos shall be shown as approved by the General Land Office of the
State of Texas and the U.S. Department of Housing and Urban
Development. All other lettering in jet black. (see Attached)
Lettering: Lettering and positioning will be as shown on the attached illustration
Project signs will not be erected on public highway rights -of -way.
The location of the sign will be coordinated with the City of Port Arthur Public Works
Department and any other agency responsible fore highway or street safety in the area of the
project to prevent obstruction of vechicular lines of sight for adjoining traffic.
No additional lettering or logos are permitted on the sign.
H -3A
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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
PCI Prestressed Concrete Institute
AISC American Institute of Steel Construction
ANSI American National Standards Institute (Formerly ASA)
H -1B
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 CRADES. From benchmarks and horizontal control reference:,
established by Engineer, stake out work, establish cicv • : • , •.• : . .. - - . - .
for correctness of installation as to location and grade. Engincer will establish
1. a - -- - - --- - -. ., . - - -- -
2. Two or More Structures. Benchmark and basc linc at site.
3. Sewer Lincs. Benchmarks at intervals not exceeding 2,000 feet and reference hubs
at manholes and on line at intervals not exceeding 200 feet.
4. Waterlines. Reference hubs at turns in line, valves, and firc hydrants, and
benchmarks at intervals not exceeding 2,000 feet.
5. Pavements and Ditches. Reference hubs on centerline or one right of way line at the
P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 fcct.
Benchmarks at intervals not cxcccding 2,000 fcct.
6. - -- - - - - - .
subsequently rendered ncccssary on account of such alleged inaccuracies, unless
Contractor notifics Engineer in writing before commencing to work thcrcon.
Contractor is to protect stakes and pay all costs involved in any restaking. Stakes,
as dcscribcd above, will be furnished as required by Contractor within 18 hours
after written notification to Engineer by Contractor on stake out request forms
bcgins work.
D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities
necessary for construction at no additional cost to Owner unless otherwise specified in
preceding Special Provision.
H -2B
E. MATERIALS TESTING. Owner provides first tests of materials unless otherwise
specified. Subsequent tests at Contractor's expense. Notify Engineer prior to
manufacture or fabrication of items so that observation may be accomplished and furnish
field samples of materials of Engineer for testing.
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.
If substitute items of equipment are authorized which vary materially from those shown
on PLANS, prepare equipment data and detailed drawings covering necessary
modifications and submit to Engineer for approval. Make drawings same size as Contract
PLANS and of comparable quality. Make payment of charges resulting from
modifications, including engineering charges for checking modifications.
G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of
Contractor, submit design calculations and detail drawings covering proposed changes
and related modifications of Contract PLANS to Engineer for review. Make drawings
same size as Contract PLANS and of comparable quality. Make payment of charges
resulting from modifications, including engineering charges for checking such designs.
H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings,
schedules, and data sheets covering items of construction and equipment listed below:
1. Structural and miscellaneous steel and steel tanks.
2. Architectural products.
3. Reinforcing steel
4. Prestressed reinforced concrete members.
5. Reinforced concrete pressure pipe.
6. Mechanical equipment, including valves and sluice gates.
7. Electrical equipment, including instruments.
8. Special items, as directed.
Contractor will check and approve shop drawings for compliance with requirements of
Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any
drawings submitted without Contractor's stamp of approval will not be considered and
will be returned to him for proper submission.
H -3B
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.
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 81/2-inch x 11 -inch typewritten list of recommended stock of parts,
including part number and quantity.
(c) Complete replacement parts list.
(d) Performance data and rating tables.
(e) Specific instructions for installation, operation, adjustment, and maintenance.
J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit,
in acceptable form, schedule showing subdivision of Contract into various items of
permanent construction, stating quantities and prices, as basis for computing value to
Owner of permanent usable parts of facility to be paid for on monthly estimates. No
payment will be made to Contractor until such schedule has been submitted and
approved.
H -4B
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
guarantee. Notice of observed defects will be given with reasonable promptness. Failure
to repair or replace defect upon notice entitles Owner to repair or replace same and
recover reasonable cost thereof from Contractor and/or his Surety.
M. SITE MAINTENANCE AND CLEAN -UP. Maintain sites of work during
construction to keep them reasonably neat and free of trash, rubbish, and other debris. In
clean-up operations, remove from sites of work and from public and private property,
temporary structures, rubbish, and waste materials. Dispose of excavated materials
beyond that needed to bring site to elevations shown. During final clean-up, any road
constructed by Contractor for access to construction site to be leveled and ruts filled so
that natural surface drainage is not hindered.
N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and
equipment of domestic manufacture unless otherwise designated. Store these materials
and equipment in manner to protect them from damages. Manner of protection subject to
specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials
found on site of work, or dismantled by reason of construction, remain property of
Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing
market price, for usable materials that are damaged through negligence.
O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing
storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other
underground structures. Determine location of these installations in way of construction
by referring to available records, consulting appropriate municipal departments and utility
owners, and by making necessary exploration and excavations.
P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing
utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe,
immediately notify Engineer, who without delay, will determine whenever existing
improvements are to be relocated, or grade and alignment of pipe changed. Where
necessary to move services, poles, guy wires, pipelines, or other obstructions, make
arrangements with owners of utilities. Owner will not be liable for damages on account
of delays due to changes made by owners of privately owned utilities which hinder
progress of work.
H -5B
Q. PROTECTION AND REPLACEMENT OF PROPERTY.
Where necessary to take down fences, signs, or other obstructions, replace in their
original condition and restore damaged property or make satisfactory restitution, at no
cost to Owner.
R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on
existing systems. Exercise care in performing work so as not to interrupt service. Locate
and uncover existing utilities ahead of heavy excavation equipment. At house
connections, either lift trenching machine over lines or cut and reconnect with minimum
interruption of service, as approved.
S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public
safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same
. when no longer necessary.
T. USE OF STREETS.
1. 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 at 409 -983-
8600.
4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide
temporary drainage.
U. "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.
H -6B
SECTIONS` 1'
PAYMENT BOND;
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor or Company)
(Address)
a , hereinafter called Principal,
(Corporation / Partnership)
and
(Name of Surety Company)
(Address)
hereinafter called Surety, are held and firmly bound unto
(Name of Recipient)
(Recipient's Address)
hereinafter called OWNER, in the penal sum of $
Dollars, $ in lawful money of the United States, for this
payment of
which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered
into a
certain contract with the OWNER, dated the day of , a copy of
which is hereto attached and made a part hereof for the construction of:
(Project Name)
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB-
CONTRACTORS, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized extension or
modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and
coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such WORK, and all insurance premiums on said WORK, and for all labor,
performed in such WORK whether by SUB - CONTRACTOR or otherwise, then this obligation
shall be void; otherwise to remain in full force and effect.
2009 TxCDBG Project Implementation Manual
Appendix K 1 -1
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to WORK
to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way
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 to 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 counter - parts, each
on of (Number)
which shall be deemed an original, this the day of
ATTEST:
(Principal)
By (s)
(Principal Secretary)
(SEAL)
(Witness as to Principal) (Address)
(Address)
ATTEST:
(Surety)
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.
2009 TxCDBG Project Implementation Manual
Appendix K 1 -2
SECTION J
PERFORMANCES BOND.
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor or Company)
(Address)
a hereinafter called Principal, and
(Name of Surety Company
(Address)
hereinafter called Surety, are held and firmly bound unto
(Name of Recipient)
(Recipient's Address)
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 in
these presents.
THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a
certain contract with the OWNER dated the day of , 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 in all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original
term thereof, and any extensions thereof which may be granted by the OWNER, with or without
notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims
and demands incurred under such contract, and shall fully indemnify and save harmless the
OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the OWNER all outlay and expense which the OWNER may incur in
making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED 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
2009 TxCDBG Project Implementation Manual
Appendix K J -1
to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way
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 to 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
ATTEST:
(Principal)
By (s)
(Principal Secretary)
(SEAL)
(Witness as to Principal) (Address)
(Address)
ATTEST:
(Surety)
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.
2009 TxCDBG Project Implementation Manual
Appendix K J -2
•
SECTION K
• MAINTENANCE BOND
MAINTENANCE BOND
STATE OF TEXAS
COUNTY OF
KNOW BY ALL MEN BY THESE PRESENTS: That of the City of
, County of State of , as principal,
and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto , a municipal corporation (owner) in the penal sum of Dollars ($ ) for the
payment whereof the said principal and surety bind themselves and their heirs, administrators,
executors, successors and assigns, jointly and severally, by these presents;
Whereas, the principal has entered into a certain written contract with , dated the _
day of , , 20 , to
. Which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and
keep in good repair the work herein contracted to be done for a period of one (1) year from the date of
written acceptance of said work and to do all necessary repairing and /or reconstructing in whole or in
part of said improvements that should be occasioned by settlement of foundation, defective
workmanship or materials furnished in the construction of any part thereof, or any of the accessories
thereof constructed by the Contractor; be it understood that the purpose of this section is to cover all
defective conditions arising by reason of defective material or workmanship and charge the same
against that said contractor and surety on this obligation, and the said contractor and surety shall be
subject to the liquidation damages mentioned in said contract for each day's failure on it's part to
comply with the terms of said provisions of said contract;
NOW, THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain said
work and keep the same in repair for the said maintenance period of one (1) year, as provided, then
these presents shall be null and void and have no further effect. If default
K -1
shall be made by the said contractor in the performance of it's contract to so maintain and repair said
work, then these presents shall have full force and effect and said Owner shall have and recover
damages from the said contract and it's principal and surety. It is further agreed that this obligation
shall be continuing one against the principal and surety herein, and that successive recoveries may be
hereon for successive breaches until the full amount shall have been exhausted. It is further
understood that the obligation herein to maintain said work shall continue throughout said maintenance
period and the same shall not be changed, diminished or in any manner affected from any cause during
said time.
PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond.
IT WITNESS WHEREOF, the said principal and surety have signed and sealed this instrument this
day of , 20
Principal Surety
By: By:
Title Title
Address Address
The name and address of the resident agent of surety is:
NOTE: Date of Maintenance Bond must not be prior to date of contract.
K -2
SECTION' ^ L
NOTICE OF AWARD
NOTICE OF AWARD
DATED: July ,2013
TO: Excavators & Constructors, LTD.
ADDRESS: 6601 Procter Ext.
PROJECT OWNER: City of Port Arthur, Texas
OWNER'S CONTRACT NO.: CPA - 700, Contract No. 1
CONTRACT FOR
CONSTRUCTION OF: HIGHWAY 87 WATER LINE
************************************************ * * * * * * * * ** * * * * * * * * * * * * * ** * * * * **
You are notified that your Bid dated Wednesday, June 26, 2013 for the above Contract has
been considered. You are the apparent Successful Bidder and have been awarded a contract for
the HIGHWAY 87 WATER LINE.
The Contract Price of your contract is Two Million Three Hundred Eighteen Thousand Seven Hundred
and Two Dollars and 50 cents (2,318,702.50).
6 copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award.
6 sets of Working Documents (Contract Documents, Technical Specifications and Drawings)
will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within ten (10) 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 and Engineer (Arceneaux & Gates Consulting
Engineers, Inc.) and their respective agents and employees, to be expressly named as
additional insureds, in accordance with the General Conditions.
1/2
NOTICE OF AWARD
Excavators & Constructors, LTD
July , 2013
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 ten (10) 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:
Joe M. Wilson, Jr., P.E., Vice President
TITLE: Engineer for the Owner
ACCEPTANCE OF AWARD:
CONTRACTOR: Excavators & Constructors, LTD
BY:
Jay Braxton
TITLE: General Partner
DATE:
2/2
S ECTION . 'M
TICE' TO PRO CEED'
NOTICE TO PROCEED
DATED:
TO: Excavators & Constructors, LTD
ADDRESS: 6601 Procter Ext., Port Arthur, TX 77641
PROJECT OWNER: City of Port Arthur
OWNER'S CONTRACT NO. CPA -700, Contract No. 1
CONTRACT FOR HIGHWAY 87 WATER LINE
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 Substantial Completion will be 240 days.
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.
City of Port Arthur/ Arceneaux & Gates Consulting Engineers,
Inc., A Burrow Global Company
(Owner /Engineer)
BY:
JOE M. WILSON, JR., PE - VICE PRESIDENT (Authorized Signature)
Engineer for the Owner
(Title)
ACCEPTANCE OF NOTICE TO PROCEED:
Excavators & Constructors. LTD
(Contractor)
BY:
Jay Braxton
General Partner
(Title)
(Date)
SECTION N .
INSURANCE
(THIS PAGE INTENTIONALLY LEFT BLANK)
INSERT "INSURANCE" HERE
SECTION :, 0
TECHNICAL : SPECIFICATIONS
10/13/2005
ITEM NO. A2001 — CLEARING AND GRUBBING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope: Remove and dispose of trees, stumps, brush, roots, logs, vegetation, rubbish,
and other objectionable matter from project area. Project area is defined as all
easements and that portion of street rights -of -way necessary to allow construction of
the facilities proposed in this Contract, including those areas needed for disposal of
excess excavated material.
B. Related work as called for on PLANS or specified elsewhere in this or other
TECHNICAL SPECIFICATIONS.
PART 2 - PRODUCTS
Not required for this Item.
PART 3 - EXECUTION
3.01 CONSTRUCTION METHODS
A. Clear and grub trees, stumps, brush, roots, logs, vegetation, and rubbish within project
area except trees, shrubs, and other landscape features designated to remain, and
protect same against damage and trim when necessary. Clear stump holes of refuse
and loose earth; backfill and compact to density of surrounding ground.
B. On embankment areas, remove stumps, roots, and objectionable materials to a depth of
one foot below existing natural ground surface.
C. Dispose of all refuse from clearing operation off site. Obtain required permits from
various governmental agencies involved. Bury no refuse on Owner's property. On
areas other than embankment, remove stumps and roots to depth of two feet below
natural ground.
D. For pavement construction, strip grasses to a depth 2- inches below existing grade and
spoil off site.
3.02 MEASUREMENT AND PAYMENT
A. No separate pay for work performed under this Item except as indicated below.
Include cost of same in Contract price bid for work of which this is a component part.
A2001 - 1/2
10/13/2005
B. Proposal will indicate if clearing and grubbing is a pay item. If so, measure by acre or
lump sum as indicated in PROPOSAL.
C. Pay for "Clearing and Grubbing" at Contract price bid as measured. Such payment to
be full compensation for work as described herein.
A2001 - 2/2
Std. 08/03/2004
ITEM NO. H1001 - DUCTILE IRON PIPE AND CAST IRON AND DUCTILE IRON
FITTINGS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope: Includes piping 3 inches and larger for buried and exposed systems.
B. Work Specified Elsewhere
1. PLANS show pipe class, thickness class, type joints, and service pressure
for flanged joints.
2. Coating: Item C3001 — "Painting and Protective Coating ".
3. Other related work as called for on PLANS or specified elsewhere in this
or other TECHNICAL SPECIFICATIONS.
1.02 QUALITY ASSURANCE
A. Certification
1. Pipe used in domestic water distribution systems to have Underwriters'
label and be acceptable to local and state authorities without penalty.
2. Furnish, when requester, affidavit of compliance in accordance with
ANSI /AWWA C151/A21.51 for pipe 6 inches and larger; AWWA C1111
AND Federal Specification WW- P -421D for single gasket, push -on type
joint.
1.03 SUBMITTALS
Submit the following in accordance with Contract Documents.
A. Detailed dimensioned fabrication and installation drawings for piping, fittings,
and specials.
B. Affidavit of compliance as per QUALITY ASSURANCE.
C. Sworn statement that inspection and all tests have been made and meet the
requirements of AWWA C151.
D. Certified test reports for flanged pipe in quadruplicate for shop testing required as
per paragraph 2.01 D.2.
1.04 PRODCUT DELIVERY, STORAGE, AND HANDLING
A. Use hoists, slings, skids, or other means to avoid damage. Piping not to be
dumped. Any damaged, chipped, or cracked casting to be replaced at
Contractor's expense.
H1001 - 1/3
B. Protect flange surface and threads at all times and keep interiors free of all foreign
matter.
PART 2 - PRODUCTS
2.01 MATERIALS
A. General: Fabrication dimensions and accuracy of fabrication are responsibility of
Contractor.
B. Pipe
1. Ductile Iron: Per ANSI /AWWA C151/A2151.
2. Thickness Class
As shown on PLANS and minimum for flanged pipe per ANSI /AWWA
C150/A21.50.
C. Fittings, Flanges, and Joint Material
1. Fittings: Per ANSI /AWWA C110 /A21.10.
2. Flanges: ANSI /AWWA C115/A21.15. Use ductile flanges on ductile
pipe and cast iron flanges on cast iron pipe.
3. Nonflanged Joint Material
a. Rubber Gaskets for Water and Sewage Service: Per
ANSI /AWWA C111 /A21.11.
b. Rubber Gaskets for Diffused Air Systems (10 psi and 190 deg. F
Service): Use MIL -R -83248 fluoroelastomer such as Dupont's
Viton or 3M's Fluorel.
D. Flanged Pipe
1. Shop thread, machine tight, and face in machine shop equipped for this
type work and conforming to the requirements of ANSI /AWWA
C1115 /A21.15.
2. Shop test, hydrostatically, each flanged pipe piece at 75 psig for pump
suction pipe and at 150 psig for pump discharge piping.
E. Gaskets
1. For water and sewage, use rubber gasket conforming to Appendix to
ANSI /AWWA C111 /A21.11.
2. For air service, use 1/16 -inch full -face asbestos gaskets, factory cut.
F. Bolts and Nuts. ASA B16.1; use studs with nuts on each end for pipe sizes 54-
inch and larger.
1. Aboveground: Black Steel.
2. Underground: Cadmium plated.
2.02 COATING AND LINING
A. Exterior Coating
1. Buried Pipe and Fitting: Bituminous coated, not less than 1 mil thick.
Wrap pipe and fittings with polyethylene film 8 mils thick in accordance
with ANSI /AWWA C105/A21.5.
H1001 - 2/3
2. Exposed Pipe and Fittings: Prime and paint as per Item C3001 "Painting
and Protective Coating ".
B. Interior Lining
1. Air Service: Bituminous coated, not less than 1 mil thick.
2. Water Service: Cement mortar lined per ANSI /AWWA C104/A21.4.
3. Sewage Service:
a. Cement mortar lined in accordance with ANSI /AWWA
C104/A21.4.
b. Bituminous coated, not less than 1 mil thick, and conforming to
all appropriate requirements for seal coat in AWWA C104.
c. Polyethylene lined with 40 mils thickness nominal (35 mils
minimum). Lining to be a blend of High - Density and Low -
Density polyethylene powders complying with ASTM D1248.
C. Wrap underground ductile iron piping and all fittings with polyethylene film in
accordance with ANSI /AWWA C105/A21.5.
2.03 FLEXIBLE COUPLINGS
Dresser: Long Sleeve unless shown otherwise, Style 38; equivalent by Smith -Blair or
Baker. Harness when required for thrust restraint.
2.04 WALL PIPES
Unless otherwise shown on PLANS, wall pipes to be cast or ductile iron with an
intermediate wall collar. End connections to be shown on PLANS.
PART 3 - EXECUTION
3.01 INSTALLATION
As per applicable Item.
3.02 MEASUREMENT AND PAYMENT
No separate payment for work performed under this item. Include cost of same in
contract price bid for work of which this is a component part.
H1001 - 3/3
Std. 08/03/2004
ITEM NO. J1003A - POLYVINYL CHLORIDE (PVC)
WATER TRANSMISSION PIPE (14" - 24 ")
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work: Furnish Polyvinyl Chloride (PVC) Pressure Pipe of size(s) shown on
PLANS for use in water supply and distribution systems.
B. Related Work Specified Elsewhere: Item J2001 - "Construction of Underground
Lines."
1.02 QUALITY ASSURANCE
A. The manufacturer shall pressure test all pipe, including the joint, that is marked with
the designation number of AWWA C905 -88 at 73.4 Deg. F. +/- 3.6 Deg. F. (23 Deg.
C. +/- 2 Deg. C.). Each length of pipe shall be proof tested at twice the pressure rating
listed in Table 3 Transmission -Pipe Pressure Rating of AWWA C905 -88 Sec. 4.6
Pressure Strength and Hydrostatic Proof Testing.
B. Field Tests: Waterline shall be tested in accordance with Item J2003 - "Hydrostatic
Testing of Pressure Lines."
C. Related Documents
1. AWWA C905 -88; Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal
Diameters 14 In. Through 36 In.
2. ASTM D1784; Standard Specification for Rigid Polyvinyl Chloride (PVC)
Compounds and Chlorinated Polyvinyl Chloride (CPVC) Compounds.
3. ASTM D2122; Standard Method of Determining Dimensions of Thermoplastic
Pipe and Fittings.
4. ASTM D3139; Standard Specification for Joints for Plastic Pressure Pipes Using
Flexible Elastomeric Seals.
5. ASTM F477; Standard Specification for Elastomeric Seals (Gaskets) for Joining
Plastic Pipe.
PART 2 — PRODUCTS
J1003A - 1/3
Std. 08/03/2004
2.01 MATERIALS
A. This product specification covers 14 -inch (356 mm) nominal diameter through 24 inch
(610 mm) nominal diameter polyvinyl chloride (PVC) potable water transmission pipe
with integral bell and spigot joints. The pipe shall be extruded from Class 12454 -A or
12454 -B PVC compound as defined in ASTM D -1784 and provide for a hydrostatic
design basis (HDB) of 4,000 psi (27.58 MPa). The pipe outside diameters shall
conform to dimensions of cast iron pipe (CI). All pipe furnished shall be in
conformance with American Water Works Association (AWWA) Standard C905 -88,
or latest revision thereof.
B. Pipe shall be homogenous throughout. It shall be free from voids, cracks, inclusions,
and other defects. It shall be as uniform as commercially practical in color, density,
and other physical properties. Pipe surfaces shall be free from nicks and scratches.
Joining surfaces of spigots and joints shall be free from gouges and imperfections that
could cause leakage.
C. Except as noted on the plans or procurement specifications for specific jobs, all C905
PVC pipe shall have a pressure rating of 235 PSI and a dimension ratio of 18 or have
the highest pressure rating available for each size of pipe.
D. Dimensions and tolerances for each nominal pipe size shall be in accordance with
Table 2 Dimensions for PVC Transmission Pipe with CI Outside Diameter of Section
3 Pipe Requirements in AWWA C905 -88. All pipe shall be suitable for use as a
pressure conduit.
E. Pipe shall be furnished in standard laying lengths of 20 feet plus or minus 1 inch (6.1
m +/- 25 mm) unless otherwise noted. Each pipe shall have an integral bell formed on
the pipe end, and be designed to be at least as strong as the pipe wall.
F. An elastomeric gasket shall be designed with a retainer ring which locks the gasket
into integral bell groove and shall be installed at the point of manufacture. The
dimensions and design of the gasket joint provided for the PVC transmission pipe
shall meet requirements provided in ASTM D3139 and ASTM D2122. The gasket
shall be reinforced with a steel band and shall conform to ASTM F477.
G. Each length of pipe furnished shall bear identification markings that will remain
legible after normal handling, storage, and installation. Markings shall be applied in a
manner that will not weaken or damage the pipe. Markings shall be applied at
intervals of not more than 5 ft. (1.5 m) on the pipe. The minimum required markings
are given in the list below. Marking requirements shall be in conformance with
Section 4.7 Marking Requirements of AWWA C 905 -88.
1. Nominal size and OD base (for example, 24 CI)
J1003A - 2/3
Std. 08/03/2004
2. PVC
3. Dimension Ratio (for example, DR 25)
4. AWWA pressure rating (for example, PR 165)
5. AWWA designation number for this standard (AWWA C905)
6. Manufacturer's name or trademark.
7. Manufacturer's production code, including day, month, year, shift, plant, and
extruder of manufacture.
H. Pipe shall be bundled in pallets for ease of handling and storage. Pipe bundles (units)
shall be packaged to provide structural support to insure that the weight of upper units
shall not cause deformation to pipe in lower units. No pipe bundles shall be accepted
which show evidence of ultraviolet radiation "sunburn" on exposed pipe as may be
caused from extended unprotected storage conditions.
I. The manufacturer shall take adequate measures during pipe production to assure
compliance with AWWA C905 -88 by performing quality- control tests and
maintaining results of those tests as outlined in Section 4: Inspection and Testing of
that standard. Submission of shall constitute certification of compliance with AWWA
C905 -88 Section 4: Inspection and Testing.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Trenching and Backfill: To be in accordance with Item J2001 - "Construction of
Underground Lines."
B. Joining: Use elastic gasket joints, providing a watertight seal. Assembly of joints to
be per manufacturer's recommendation.
3.02 MEASUREMENT AND PAYMENT
Measurement and payment to be made in accordance with Item J2001 "Construction
of Underground Lines."
J1003A - 3/3
08/03/2004
ITEM NO. J1005 - HIGH DENSITY POLYETHYLENE (HDPE) PIPE
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work: Furnish and install high - density polyethylene pipe and fittings of
size(s) shown on plans for use in potable waterline construction.
B. Related Work Specified Elsewhere: Item J2001 - "Construction of Underground
Lines."
1.02 QUALITY ASSURANCE
TESTS: Waterlines shall be tested in accordance with item J2003 - "Hydrostatic
Testing of Pressure Lines."
PART 2 — PRODUCTS
2.01 MATERIALS
A. Materials used for the manufacture of HDPE pipe and fittings shall be extra high
molecular weight, high density PE 3408 polyethylene resin:
The material shall be listed by PPI (Plastics Pipe Institute, a division of the Society of
the Plastics Industry) in PPI TR -4 with a 73 degree F hydrostatic design basis of 800
psi. The PPI listing shall be in the name of the pipe manufacturer and shall be based
on ASTM D 2837 testing.
B. Pipe: Pipe supplied under this specification shall have a nominal DIPS (Ductile Iron
Pipe Size) OD unless otherwise specified. The DR (Dimension Ratio) and the
pressure rating of the pipe supplied shall be as specified by the engineer.
The pipe shall be produced from approved HDPE pipe grade resin with the nominal
physical properties outlined in Section III. Pipe having a diameter 3" and larger will
be made to the dimensions and tolerances specified in ASTM F 714.
C. Fittings: HDPE fittings shall be in acdor4dance with ASTM D 3261 and shall be
manufactured by injection molding, a combination of extrusion and machining, or
fabrication from HDPE pipe conforming to this specification. The fittings shall be
fully pressure rated and provide a working pressure equal to that of the pipe with an
included 2:1 safety factor. The fittings shall be manufactured from the same base
resin type and cell classification as the pipe itself. The fittings shall be homogeneous
J1005 - 1/3
08/03/2004
throughout and free from cracks, holes, foreign inclusions, voids, or other injurious
defects.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Trenching and Backfill: To be in accordance with Item J2001 - "Construction of
Underground Lines."
B. Jointing: Sections of polyethylene pipe shall be joined by the butt fusion process into
continuous lengths at the job site. The joining method shall be the heat fusion method
and shall be performed in strict accordance with the pipe manufacturer's
recommendations. The heat fusion equipment used in the joining procedures should
be capable of meeting all conditions recommended by the pipe manufacturer.
Properly executed electrofusion fittings may be used. Extrusion welding or hot gas
welding of HDPE shall not be used for pressure pipe applications or fabrications
where shear or structural strength is important. Mechanical joint adapters, flanges,
unions, grooved - couplers, transition fittings, and some mechanical couplings may be
used to mechanically connect HDPE pipe. Refer to the manufacturer's
recommendations.
C. Pipe Packaging, Handling and Storage: The manufacturer shall package the pipe in a
manner designed to deliver the pipe to the project neatly, intact, and without physical
damage. The transportation carrier shall use appropriate methods and intermittent
checks to insure the pipe is properly supported, stacked, and restrained during
transport such that the pipe is not nicked, gouged, or physically damaged.
Pipe shall be stored on clean, level ground to prevent undue scratching or gouging. If
the pipe must be stacked for storage, such stacking shall be done in accordance with
the pipe manufacturer's recommendations. The pipe shall be handled in such a
manner that it is not pulled over sharp objects or cut by chokers or lifting equipment.
Sections of pipe having been discovered with cuts or gouges in excess of 10% of the
pipe wall thickness shall be cut out and removed. The undamaged portions of the pipe
shall be rejoined using the heat fusion joining method.
Fused segments of pipe shall be handled so as to avoid damage to the pipe. Chains or
cable type chokers must be avoided when lifting fused sections of pipe. Nylon slings
are preferred. Spreader bars are recommended when lifting long fused sections.
J1005 - 2/3
08/03/2004
3.02 MEASUREMENT AND PAYMENT
Measurement and payment to be made in accordance with Item J2001 - "Construction
of Underground Lines."
J1005 - 3/3
10/13/2005
ITEM NO. J2001 - CONSTRUCTION OF UNDERGROUND LINES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Extent of Work: Furnish all plant, labor, equipment, supplies, supervision and tools,
and perform all operations required for construction of underground lines.
B. Related Work Specified Elsewhere: Item J2002 "Well Point System ", Item J2003
"Hydrostatic Testing of pressure Lines ", Item J3003 "Timber Ordered Left in Trench ",
Item J3006 "Cement - Stabilized Sand Backfill, Item J3024 "Bank Sand Backfill ", and
Item J3045 "Trench Excavation and Shoring Safety Plan."
1.02 QUALITY ASSURANCE
A. Field Observation: Pipe installed in the permanent work to be placed in the presence
of Engineer or his authorized representative.
B. Testing of Gravity Sanitary Sewer Line: Leak tests of gravity sewer lines to be per
Item J2005 "Low Pressure Air Test - Sanitary Sewer Lines."
C. Testing of Pressure Lines: To be tested per Item J2003, "Hydrostatic Testing of
Pressures Lines."
1.03 METHODS OF CONSTRUCTION
A. Control of Work: Contractor shall be responsible for the control of his work.
Engineer reserves the right to verify this control. Contractor may use laser equipment
for control.
B. For Lines Laid on Grade: Lay and maintain pipe to required lines and grades with
specials at required locations, and with joints centered and spigots "home." Lay all
lines on grade from downstream to upstream or as directed by Engineer.
C. For Lines not Laid to Grade: Lay and maintain pipe and fittings to alignment shown
on PLANS. Minimum cover (measured from top of pipe) at street intersection, 5 feet;
minimum cover below flow line of drainage ditches, 1 foot 6 inches; minimum cover
at other locations, 3 feet 6 inches. Vary depth uniformly to maintain required
clearances and depths shown on PLANS.
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10/13/2005
PART 2 - EXECUTION
2.01 EXCAVATION AND TRENCH PREPARATION
A. General: Excavate trench to alignment and depth required. Brace trench and drain as
required so work may be accomplished safely and efficiently. All excavations shall be
in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan."
B. Width of Trench for Pipe Less than 30 -inch: Minimum width of outside barrel of pipe
plus 12 inches, maximum width of outside barrel of pipe plus 18 inches. For pipes 30-
inch and larger, minimum width of outside barrel of pipe plus 24 inches. Excavate and
maintain sides of trench vertical for 2 feet above pipe. Above this level, trench may be
gently sloped back. Protect existing pavements or utilities as necessary.
C. Pipe Foundation: For ordinary bedding, excavate pipe trench to even grade and shape
to closely fit lower part of pipe exterior for width of at least 50 percent of pipe breadth
to provide uniform bearing for entire length of pipe and provide depressions for bell
ends of each pipe. Excavate to grade required for shell, aggregate, or other special
bedding.
D. Correcting Faulty Grade: Correct any portion of trench excavated below grade with
approved material.
E. Bell Holes: Provide bell holes of ample dimensions to permit proper jointing.
F. Braced and Sheeted Trenches: Sheet and brace all excavations in excess of 5 feet
depth to prevent caving. Increase trench width as required and leave sheeting in place
until pipe has been laid and backfill compacted to depth of 2 feet over pipe. Sheet and
brace in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan."
G. Care of Surface Material for Reuse: Keep surface material approved for reuse
separate from general excavation material.
H. Manner Stockpiling Excavated Material: Stockpile excavated material so as not to
endanger work or cause interference with public street and driveways. Keep drainage
channel clear or provide other satisfactory means of drainage.
I. Open Trench: Engineer may limit amount of trench opened or partially open at any
time in advance of completed pipe laying operation, and amount of trench left unfilled.
Open not more than 100 feet of trench on any street at one time. Keep streets open
where possible.
J. Disposition of Defective Materials: Remove rejected backfill materials from
excavation operations and dispose of off job site at Contractor's expense.
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10/13/2005
K. When requested by Contractor and approved by the Engineer to dewater sewer trench
because of groundwater conditions, install, operate, and maintain adequate well point
systems in accordance with Item J2002 "Well Point Systems."
2.02 PIPE HANDLING
A. Handling and Storage: Unload pipe, fittings, and other accessories at point of
delivery: haul to and distribute at site of project. Load and unload materials by use of
hoists, skids, or other approved means to avoid damage. Distribute for convenient
laying and to cause minimum inconvenience to public.
B. Inspection: Before lowering and while suspended, inspect pipe for defects. Inspect
rigid pipe tapping with light hammer to detect cracks.
C. Pipe Kept Clean: Remove foreign matter from pipe and keep clean by approved
means during and after laying.
2.03 PIPE LAYING
A. Unsuitable Conditions for Laying Pipe: Lay no pipe in water or when trench condition
or weather is unsuitable for such work unless specifically approved by Engineer.
B. Nonpressure Concrete and Vitrified Clay Pipe: Nonpressure concrete and vitrified
clay pipe shall be installed with Class "A" beddings shown in this item. Lay pipe with
ends abutting and true to line and grade. Fit and lay pipe to form smooth and uniform
invert. Clean sockets prior to lowering into trench. Commence laying of pipe at
lowest point so that spigot ends point in direction of flow.
C. Ductile Iron Pipe: Lay ductile iron pipe using either "Ordinary" bedding Class "A"
bedding where specified on PLANS and described in this item, with bell ends facing
direction of laying.
D. PVC and ABS Piping:
1. Sanitary Sewer Construction - PVC and ABS pipe shall be installed using
Class "C" Bedding as shown in this item.
2. Waterline Construction - PVC pipe shall be installed using Class `B"
Bedding as shown in this item.
E. Other Pipe: Lay other types of pipe in accordance with applicable provisions of this or
other TECHNICAL SPECIFICATIONS.
F. Cutting Pipe: Cut cast or ductile iron pipe with wheel -type cutters or cold chisel.
Flame cutting of cast iron pipe not allowed. Make cuts in a neat and workmanlike
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10/13/2005
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manner without damage to pipe and so as to leave a smooth end at right angles to axis
of pipe. Field cutting of PVC and A.B.S. type resin pipe to be per pipe manufacturer's
recommendations.
G. Temporary Plug: When pipe laying operation is halted, seal open end of pipe with
temporary plug. Plug to remain in place until pipe laying operation commences again.
2.04 PLUGGING DEAD ENDS
Insert standard plug into bells of all dead ends of pipe.
2.05 CONCRETE BLOCKING
Thrust blocking to be used for pressure pipelines at bends, tees, points where reducers
or changes in pipe diameter occurs, fire hydrants or flushing valves, and all plugged
openings. Use Class "C" concrete having compressive strength not less than 1,500
pounds per square inch. Place blocking against solid ground, with area of bearing of
pipe and on ground in each instance as required. Place blocking so that pipe and
fitting joints will be accessible for repair. For gravity pipelines, use Class "C"
concrete minimum of 6 inches on all sides of pipe for encasing, embedding, or
blocking where indicated. Use all materials, including aggregate, cement, and water,
and mix and place concrete in accordance with applicable concrete item.
2.06 BACKFILLING
A. Time of Backfilling: As soon as practicable after completion of laying and jointing
pipe, backfill trench. Trench to be completely backfilled to a point not more than 100
feet behind pipe laying operation.
B. Materials: Trenches to be backfilled with select material from the sewer trench
excavation, or obtained from other sources, free from stones which will interfere with
compaction and free of large lumps which will not break down readily under
compaction. Do not use material excavated in large lumps or which cannot be easily
broken down or which cannot be spread in loose layers. Materials excavated by
trenching machine will generally be suitable for use as backfill.
1. Bank sand backfill, where designated on PLANS, to be in accordance with Item
J3024 "Bank Sand Backfill."
2. Cement - stabilized sand, where designated on PLANS, to be in accordance with
Item J3006 "Cement- Stabilized Sand Backfill."
C. Backfill Procedure at Pipe Zone: In pipe zone, when designated on PLANS, use bank
sand, cement stabilized sand or select backfill material, free from rocks and rock
fragments, and deposit in trench simultaneously on both sides of pipe for full width of
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10/13/2005
trench and to elevation of 12 inches above the top of barrel of pipe. Moisten if
necessary, tamp in thin (approximately 4 -inch) layers, and thoroughly compact under
and on each side of pipe to provide solid backing against external surface of pipe.
Walking or working on completed pipeline, except as necessary in tamping or
backfilling, not permitted until trench has been backfilled at least 12 inches over top of
pipe. Backfill to be compacted to 95 percent in accordance with ASTM D698.
Approximate optimum moisture content to be maintained during compaction.
D. Backfill Procedure Above Pipe Zone: Place backfill above previously defined pipe
zone in accordance with following applicable procedure.
1. For trench through or within 5 feet of existing, proposed or future asphaltic
concrete, concrete, asphalt- topped concrete, flexible base with asphalt topping,
shell or gravel surfaces either public or private roads, streets or driveways, place
cement - stabilized sand backfill above pipe zone in approximate 12 inch layers.
Thoroughly compact each 12" layer with a vibratory compactor or roller prior to
placing additional layers of cement stabilized said. Bring compacted backfill up
to bottom of pavement subgrade
2. For trench located in areas other than those previously stated, and not designated
for improvement, place select backfill above pipe zone in 6 to 8 inch layers at near
or optimum moisture and thoroughly compact to a density of 90 percent of the
maximum in accordance with ASTM D698.
E. Rock and Rock Fragment Exclusion: Allow no rock or rock fragment in backfill for at
least one foot above top of pipe and allow no stone larger than 8 inches in its greatest
dimension in backfill.
F. Deficiency of Backfill: Supply any deficiency in quantity of materials for backfilling
trenches or for filling depressions caused by settlement.
2.07 RESTORATION OF SURFACES
Replace or repair sidewalks, driveway culverts, inlets, curbing, gutters, shrubbery,
trees, fences, sod, and other like obstructions removed or disturbed, to condition
equivalent to that existing prior to commencement of this work. Use concrete having
compressive strength in 28 days of not less than 3,000 pounds per square inch in the
replacement of curbing, gutters, inlets, and sidewalk. Use reasonable care in removal
and replacement of shrubbery and trees designated to be replaced at original locations.
Where at all possible, ditch alignment will be such as to minimize this work. Where
tree or shrub deemed sufficiently valuable to save is encountered in excavation, ball in
burlap, set aside in wet sand or puddling pit and later reset as required. Contractor not
held responsible for subsequent care of plant. Restoration of asphalt- topped flexible
base and concrete streets as specified under other items of TECHNICAL
SPECIFICATIONS or PLANS.
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10/13/2005
2.08 CLEAN -UP
Remove from site of work, and from public and private property, temporary structures,
rubbish, and waste materials, including excess excavated materials. Dispose of
surplus
earth as shown on PLANS. Complete cleanup not greater than 500 feet behind pipe
laying operation. Pipe- laying operation to be suspended temporarily if complete
clean up is further behind than 500 feet.
2.09 MEASUREMENT AND PAYMENT
A. For Gravity Pipelines: Measure by linear foot from center of manhole to center of
manhole to center of manhole, exclusive of pipe installed in tunnel or augered hole
construction, special structures, or other special sections, along pipe of size and at
depth installed. Measure depth at manholes, at intervals not to exceed 50 feet between
manholes, and at breaks in profile of natural ground from flow line of pipe to natural
ground surface over center or pipe. Pay for gravity pipelines, furnished, installed, and
measured as stated, at Contract unit prices bid for size and depth measured.
B. For Pressure Pipelines: Measure by linear foot from center line of fitting to center line
of fitting, exclusive of pipe installed in tunnel construction, special structures, or other
special sections, along pipe of size and type installed. If depth of cut is shown on
PROPOSAL, measure depth at intervals not to exceed 50 feet and at breaks in profile
of natural ground from flow line of pipe to natural ground surface over center of pipe.
If depth of cut is not shown on PROPOSAL, no consideration made for depth at which
pipe is installed. Pay for pressure pipelines, furnished, installed and measured as
stated, at Contract unit prices bid for size and type (and depth, if shown of
PROPOSAL) measured.
C. Concrete Blocking: No separate payment for concrete used for blocking, backing,
encasement, or embedding.
D. Rock Excavation: No separate payment for rock excavation when rock is encountered
in trenching operation.
E. Concrete Curbs, Gutters, and Sidewalks: Measured concrete used in repairing curbs,
gutters, and sidewalks by cubic yard in place. Pay for concrete used in repairing
curbs,
gutters, and sidewalks, measured as stated in Contract unit prices bid for "Extra
Concrete" of class installed.
F. Street and Driveway Surfacing: As per applicable Item of TECHNICAL
SPECIFICATIONS or PLANS.
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G. Restoration of Other Surfaces: No compensation for restoration of surfaces, other than
those specifically shown above.
H. Bedding and Backfill: No separate payment for bedding and backfill called for under
Paragraph 2.06.
I. Cement - Stabilized Sand and Bank Sand Backfill: No separate payment for Cement -
stabilized Sand and Bank Sand Backfill called for under Paragraph 2.06.
J2001 - 7/7
Std. 10/13/2005
ITEM NO. J2002 - WELL POINT SYSTEM
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope: Furnish, install, operate and maintain well point system to control
groundwater in excavations when requested by Contractor and approved by
Engineer.
B. Related Work Specified Elsewhere: Per Item A2003 "Structural Excavation and
Backfill" or Item J2001 "Construction of Underground Lines."
PART 2 - PRODUCTS
Not required for this Item.
PART 3 - EXECUTION
3.01 CONSTRUCTION METHODS.
A. Install well point system parallel to trench line.
B. Operate well point system in advance of and during excavation. Continue
operation until backfilling is completed.
C. Discharge pumped water into storm sewer system or drainage swale away from
excavation.
D. Upon removal of well point system, backfill holes with select backfill or sand.
3.02 MEASUREMENT AND PAYMENT
A. Measurement: "Well Point System" per linear foot parallel to trench line,
regardless of whether one or more well point system(s) are used.
B. Payment: Pay for "Well Point System" measured as stated above, at Contract unit
price bid.
C. No payment for "Well Point System" which does not successfully dewater trench.
No separate payment for dewatering trench due to rainfall during construction.
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ITEM -NO. J2003 - HYDROSTATIC TESTING OF PRESSURE LINES
PART 1 GENERAL
1.01 DESCRIPTION
A. Extent of Work: Furnish and perform all operations in connection with
hydrostatic testing of pressure lines.
B. Time of Testing: After pipe has been laid and backfilled, except prior to
replacement of pavement, newly laid pipe to be subjected to hydrostatic
testing described herein.
PART 2 PRODUCTS
2.01 PERFORMANCE AND DESIGN REQUIREMENTS
A. Test Pressure: Any Section being tested, apply pressure such that, at
highest point in section, pressure to be 125 pounds per square inch or
pressure specified by Special Provision to Item.
B. Permissible Leakage: Leakage not to exceed that determined from the
following formula:
NDVP
L= 7400
Where L = Allowable leakage in gallons per hour.
N = Number of rubber gasket joints or rubber seat valves.
D = Nominal diameter of pipe valve, in inches.
P =Test pressure during leakage test in pounds per square inch.
C. Leakage Defined: Leakage is quantity of water supplied into newly laid pipe,
or any valved section thereto, necessary to maintain specified leakage test
pressure after pipe has been filled with water and air expelled and the
specified test pressure has been applied.
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10/13/2005
D. Duration of Pressure Test: Exposed joints to be tested for not less than 2
hours with no allowable leakage. Covered joints to be tested for a minimum
of 6 hours. If leakage at the end of the 6 -hour period exceeds the allowable
by less than 18 additional hours.
PART 3 EXECUTION
3.01 TESTING
A. Procedure: Fill each valved section of pipe slowly with water and apply
specified test pressure, measured at point of highest elevation, by means of
pump connected to pipe. Furnish pump, pipe connections, and necessary
apparatus, gauge and, meters. Furnish necessary labor and assistance for
conducting test, all subject to approval by Engineer.
B. Expelling Air Before Test: Before applying specified test pressure, expel air
form pipe. To accomplish, make taps in pipe, if necessary, at points of
highest elevation. On completion of tests, taps to be tightly plugged with
brass fittings.
C Examining Under Pressure: At intervals during test, inspect route of pipe to
disclose leakage greater than that specified; located and repair defective
joints or defective pipe until test proves that leakage is within specified
allowance.
3.02 MEASUREMENT AND PAYMENT
No separate payment for work performed under this Item. Include cost of
same in Contract prices for items of which this work is a component.
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08/03/2004
ITEM NO. J2016 - PIPE IN AUGERED HOLE
PART 1 - GENERAL
1.01 SCOPE OF WORK
Auger lines under railroads, highways, streets, drives, walks and pipelines at
location (s) shown on PLANS, without interference to use of facility.
1.02 WORK SPECIFIED ELSEWHERE
Conveyance Pipe: Per applicable Item or as shown on PLANS.
PART 2 - PRODUCTS
As specified by other TECHNICAL SPECIFICATIONS.
PART 3 - EXECUTION
3.01 CONSTRUCTION METHODS
A. General: Unless otherwise indicated, extend augured hole 10 feet beyond edge of
payment, railroad tie, or other structure. Diameter of hole not more than 1 inch
greater than the outside diameter of pipe bell. Overcutting in excess of 1 inch
shall be remedied by pressure grouting the entire length of installation. Excavate
work pit conforming to trench requirements and keep neat and dry. Construct to
alignment and grade shown using 2 -inch pilot hole followed by machine bore of
size required. All joints for pipe in augured hole to be made up prior to pipe
entering auger.
B. Dry Auger: All highways and railroad crossings with diameters of 16- inches and
larger to be dry machine bored. Limited lubrication of auger bit permitted. Do
not use water or air to clear excavated material from augered hole.
C. Wet Auger: Machine bore "wet" all auger locations not specified or shown as
"dry" auger. Strict regulation of water and air pressure required of bored hole as
stated above.
J2016 - 1/2
3.02 MEASUREMENT AND PAYMENT
A. Measurement: Measure "Pipe in Augured Hole" by linear foot of size installed
complete in place.
B. Payment: Pay for "Pipe in Augured Hole," measured as stated above, at Contract
unit price bid.
J2016 - 2/2
10/13/2005
ITEM NO. J3006 - CEMENT - STABILIZED SAND BACKFILL
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope: Furnish all plant, labor, equipment, supervision, and tools for the
furnishing and installation of Cement - Stabilized Sand Backfill as shown on
PLANS or as indicated in other items of the TECHNICAL SPECIFICATIONS.
•
B. Related Work Specified Elsewhere: Per Item No. J2001 - "Construction of
Underground Lines" for compaction requirements for sanitary sewers, storm
sewers, and waterlines.
PART 2 - PRODUCTS
20.1 MATERIALS
A. Aggregate: Use sand containing deleterious materials not to exceed the following
requirements, by weight.
Material removed by decantation 5.0%
Clay lumps 0.5%
Other deleterious substances such as coal, shale, coated
grains of soft flaky particles 2.0%
Gradation Requirements:
Retained on 3 /s -inch sieve 0%
Retained on 1/4-inch sieve 0% - 5%
Retained on 20 -mesh sieve 15% - 50%
Retained on 100 -mesh sieve 80% - 100%
Color test ASTM C40 - Color not darker than standard color.
B. Cement: ASTM C150 - Type I.
C. Water: Fresh and clean.
J3006 - 1/2
11/18/03
PART 3 - EXECUTION
3.01 MIXING
Use minimum of 1-1/2 sacks of cement per cubic yard of mixture. Use amount of water
required to provide mix suitable for mechanical hand tamping and mix in approved
mixer. Stamp tickets at plant with time of loading. Material not in place within one and
one -half hours after loading of that has obtained an initial set will be rejected and
removed from the site.
3.02 PLACING
Place around abutment, wingwalls, structures, inlets, and manholes where indicated only
after they have cured at least four days. Place around fiberglass manholes as specified in
Item No. J3019 - "Fiberglass Manholes ". Place in 4 -inch layers and compact each layer
with approved power- driven hand tampers. Place in pipe trenches as specified in Item
No. J2001 - "Construction of Underground Lines."
3.03 MEASUREMENT AND PAYMENT
A. No separate measurement and payment for work performed under this Item.
Include cost of same in Contract price bid for items of which this work is a
component part.
B. "Extra Cement - Stabilized Sand Backfill," when approved by Engineer, to be
measured by cubic yard compacted in place. Pay for "Extra Cement - Stabilized
Sand Backfill" at Contract unit price bid.
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J3006 - 2/2
08/03/2004
ITEM NO. J3007 — REMOVAL AND REPLACEMENT OF STREET BASE AND SURFACE
PART 1 — GENERAL
1.01 DESCRIPTION
Extent of Work: this Item governs for the removal and subsequent replacement of
street base and surface required for installation of sewer, storm sewer, or waterlines.
1.02 WORK SPECIFIED ELSEWHERE
Compaction requirements for trench backfill, to base or subgrade, to be in accordance with
applicable Item.
PART 2 — PRODUCTS
2.01 MATERIALS
A. Flexible Base
1. Calcareous (Caliche): Obtained from approved source consisting of argillaceous
limestone, calcareous, or calcareous clay particles, with or without stone,
conglomerate, gravel, sand, or other granular materials. When properly slaked
and tested, material to meet the following requirements:
Passing 1 -3/4 -inch sieve 100 percent
Retained on 40 mesh sieve 50 to 85 percent
Material passing 40 mesh sieve to have following properties:
Liquid limit not exceeding 40
Plasticity Index not exceeding 12
2. Gravel: Obtained from approved source, consisting of durable particles of stone
or gravel mixed with acceptable binder and free from thin or elongated pieces,
lumps of clay, soil, loam, or other vegetable matter. When properly slaked and
tested, material to meet following requirements:
Retained on 1 - 3 - inch sieve 0 to 5 percent
Retained on No. 4 sieve 30 to 75 percent
Retained o No. 40 sieve 60 to 85 percent
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08/03/2004
Material passing 1/4 - inch screen known as binder; that portion of binder material
passing 40 mesh sieve known as soil binder and conform to following
requirements:
Liquid limit not exceeding 35
Plasticity Index not exceeding 10
3. Cement - Stabilized Shell
a. Aggregate: Use oyster shell with its natural binder or other approved fine
aggregate. Gradation as follows:
Retained on 3 -inch sieve 0 percent
Retained on 3 /4 -inch sieve 12 to 37 percent
Retained on No. 4 sieve 95 to 100 percent
Passing on No. 200 sieve 0 to 6 percent
b. Cement: ASTM C150-78, Type III.
c. Water: As required by ASTM C94 -78.
d. Proportioning: Proportion material within following limit subject to change,
if necessary, to obtain satisfactory mix.
Cement by weight (based on dry weight of cement shell and sand mixture) 7-
1 /2 percent
Maintain moisture content between optimum moisture and 3 percentage
points above optimum moisture. If necessary, use sand having Plasticity
Index not greater than 7 as binder to obtain satisfactory proportioning. Fine
aggregate not to exceed 20 percent of batch by weight.
4. Iron Ore: Obtained from approved source, consisting of hematite, or limonite
ore, occurring with or without sand, as found at or near surface and containing not
more than 10 percent gravel by weight. Excessive amounts of free clay
prohibited. Remove grass, weeds, tree, stumps, roots, overburden, rubbish, and
other objectionable materials. Use material meeting following requirements when
tested by applicable procedures:
Retained on 2-1/2-inch sieve 0 percent
Retained on No. 40 sieve 50 to 85 percent
Material passing 40 mesh sieve to conform to following:
Liquid limit not exceeding 35
Plasticity Index not exceeding 12
J3007 - 2/8
08/03/2004
5. Other Types Not Listed: In event other types of flexible base are encountered
such as "shell with sand admixture," "crushed stone," etc., materials furnished for
replacement of flexible base removed to be in accordance with applicable
provisions of Department of Highways and Public Transportation Specifications
for Construction of Highways, streets, and bridges, 1972 edition.
B. SURFACING
1. Concrete
a. Cement per ASTM C150-78 also meeting the requirements for weight
variations and length of storage. Use no caked cement. Deliver in bags for
site -mixed concrete.
b. Water per ASTM C94 -78.
c. Coarse Aggregate: Per ASTM C33 -79. Not larger than one -fifth of
narrowest dimensions between sides of forms, nor larger than three - fourths
of minimum clear spacing between reinforcing bars, or between reinforcing
bars and forms, nor more than 1 -1/2 -inch in size.
d. Fine Aggregate: Per ASTM C33 -79.
e. Concrete Admixtures: Air - entraining agent or other approved admixture.
Use between 3 and 5 percent as determined by ASTM C138 -77 or C173 -78.
f. Proportioning
(1) Minimum 28 -day compressive strength - 3,000 lbs. /sq.in.
(2) Maximum water content per bag of cement - 6 -1/4 gallons.
(3) Minimum cement - 5 bags /cu.yd.
(4) Consistency range in slump - 1 to 3 inches.
(5) Minimum 7 -day flexural strength - 600 lbs. /sq.in.
2. Asphalts: Materials furnished, proportioning, and mixing to be in accordance with
applicable provisions of Department of Highways, Streets, and Bridges, 1972
edition. Use of one of the following types and identical to existing adjacent
undisturbed surface.
a. One Course Surface Treatment
b. Two Course Surface Treatment
c. Three Course Surface
d. Cold -Mix Limestone Rock Asphalt Pavement (Class A)
e. Hot -Mix Asphaltic Concrete Pavement (Class A)
f. Hot -Mix Cold -Laid Asphaltic Concrete Pavement (Class A)
3. Road Shell: Durable particles of oyster shell and approved binding material.
When properly slaked and tested by laboratory methods, material to meet
following requirements:
J3007 - 3/8
08/03/2004
Retained on 2 -1/2 -inch sieve 0 to 8 percent
Retained on 1 -inch sieve 12 to 40 percent
Retained on 1/4-inch sieve 50 to 80 percent
Material passing 40 mesh sieve to have following properties:
Liquid limit not exceeding 45
Plasticity Index not exceeding 20
PART 3 - EXECUTION
3.01 CONSTRUCTION
A. General: Where installation of pipe involves excavation of trench through any type of
permanent surfacing, either asphalt or concrete or combination thereof, widen each
side of trench 12 inches for depth shown. Where installation of pipe involves
excavation through gravel, iron ore, or shell surfacing, widening of trench at top is
prohibited. During time lapse between installation of pipe and replacement of
surfacing, maintain all crossings, both public and private, by filling ruts, pot - holes, ect.
with flexible base material.
B. Removal of Existing Surfaces and Bases
1. Concrete Surface or Base: Use power driven concrete saw to cut existing concrete
in a neat straight lien on each side of widened section. Width of concrete to be
removed between sawed lines, equal to normal trench width plus 12 inches on
each side of trench. Depth of sawed cut to be minimum of 1 -1/2 inches. Use
appropriate wrecking ball, jackhammer, ect, to break concrete being removed into
convenient sized pieces for handling. Protect all underground utilities. Remove
and dispose of concrete removed. No concrete resulting from removal operations
to be left on public right -of -way or on private property without consent of
property owner. When shown on PLANS, concrete removed to be used for
riprap. Cut existing longitudinal reinforcing steel on centerline of trench and
bend bars back sufficiently to provide clearance for ditch excavation.
2. Asphalt surfacing on Flexible Base: Use power driven concrete saw to cut
existing concrete in a neat straight line on each side of widened section. Width of
asphalt surface to be removed between neatly cut lines, equal to normal trench
width plus 12 inches on each side of trench. Contractor to remove and dispose of
asphalt surfacing removed. No asphalt surfacing resulting from removal
operation to be left on public rights -of -way or on private property without consent
of property owner,
3. Flexible Base Surfaces: Flexible base other than cement stabilized shell may be
removed ahead of trenching operation; stockpiled and subsequently reused. If
J3007 - 4/8
08/03/2004
Contractor elects to salvage existing flexible base for subsequent reuse, exercise
care in removing flexible base so that base materials (weeds, sticks, dirt, ect.).
Flexible base material which becomes mixed with foreign materials, prohibited
from being reused.
4. Shell Iron Ore, Gravel, Etc. Surfaces: Surfaces constructed of shell, iron ore,
gravel, etc. may be removed ahead of trenching operation; stockpiled and
subsequently reused. Requirements as to removal, handling, stockpiling, and
subsequent reuse are same as those specified for 3., Flexible Base.
C. Replacement of Surfaces and Bases: Do not replace permanent surfacing until
line has been tested. During time interval between laying of pipe and testing,
maintain all crossings, either public or private, by filling pot- holes, ruts, etc. with
flexible base material. Repair all surfaces damaged or removed.
1. Concrete Surface or Base: After completion of testing of line, remove
temporary flexible base from area to be resurfaced; fine grade subgrade on which
concrete slab section to be a minimum of 2 inches greater than adjacent existing
concrete. Bend longitudinal bars back to original position and splice each cut bar
with bar of same diameter. Replace transverse bars in accordance with table
shown on attached detail drawing. After reinforcement mat is complete, place
concrete proportioned as set forth above and shape to conform to adjacent
pavement section. Mix, place, and cure in accordance with acceptable practices.
Replace one -half of cut pavement section, cure, and open to traffic before
replacing other half. When pavement to traffic before replacing other half. When
pavement consists of concrete base with asphaltic surfacing, surface new concrete
base with asphalt pavement equal in every respect to existing adjacent
undisturbed asphalt surfacing. Place asphalt surfacing in accordance with
applicable provisions of Department of Highways, Streets, and Bridges, 1972
edition.
2. Asphalt Surfacing on Flexible Base: Place base material, maximum of 4 -inch
lifts, to depth indicated. Thoroughly compact each layer to optimum moisture
content of 95 percent ASTM D698 -70, by rolling or mechanically tamping.
Sprinkle and shape to conform to adjacent road section. If existing base material
was salvaged and reused, provide such additional quantity of new base material,
similar in quantity to reused material, as need to construct proper shaped section.
If base material is cement - stabilized shell or new flexible base is to be used,
material to conform to applicable parts of this Item and be of similar to existing
3. Shell, Iron Ore, Gravel, and Other Types of Surfaces: Terminate compacted
backfill at a point 8 inches below surface, and backfill final 8 inches with material
of same type as existing adjacent undisturbed material.
J3007 - 5/8
08/03/2004
3.02 MEASUREMENT AND PAYMENT
No separate measurement and payment for work performed under this Item. Including
soil sampling if requested, except as indicated below. Include cost of same in Contract
unit prices bid for work of which this is a component part.
J3007 - 6/8
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HIGHWAY 87 WATER LINE REPLACEMENT
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CITY OF PORT ARTHUR
AMINE= & GATES
Cancun:Ins Ecteneert.
jigs IWO.= Sm. EXHIBIT LOCATION MAP
a Burrow cm. company
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
•
10/13/2005
ITEM NO. J3009 - DISINFECTION OF WATERLINE
PART 1 - GENERAL
1.01 SCOPE
Disinfection: Disinfection of new waterlines on initial fill of pipe, including
connections to existing sections of work where required.
1.02 QUALITY ASSURANCE
A. Standard Specifications: AWWA C -651 shall be utilized for the controlling
specifications for disinfections of the water system.
B. Bacterial Analysis
1. The City having jurisdictional authority shall be given the opportunity to
have a representative present when the samples are taken for
bacteriological analysis. Twenty -four hours notice shall be given to the
City's Water and Sewer Department prior to taking samples.
2. Following disinfections and flushing, make bacteriological analysis to
check effectiveness of disinfections. Methods of bacteriological analysis
are as specified in the Standard Methods for Examination of Water and
Wastewater by the American Public Health Association latest edition. No
main placed in service or accepted until water samples approved by Texas
or accepted until water samples approved by Texas Department of Health.
The owner shall have a representative present when the samples are taken
for bacteriological analysis. Twenty -four hours notice shall be given to
the Owner prior to taking samples.
PART 2 - PRODUCTS
Chlorination agents to be chlorine gas -water mixture or calcium hypo chlorite in water
per AWWA C651.
J3009 - 1/2
Std. 11/18/03
PART 3 - EXECUTION
3.01 APPLICATION
A. General: Furnish pump, pipe connections, and necessary apparatus, gauges,
and meters. Furnish necessary labor, assistance, and chlorinating agent for
disinfection.
B. Application Procedure: Apply chlorinating agent in water through suitable
solution feed device. Place solution feed device at or near beginning point from
which line is being filled. Inject through corporation cock tapped in horizontal
axis pf newly laid pipe. Slowly fill section to be sterilized, and proportion rate of
application of chlorinating agent to rate of water entering lien so that chlorine
dose applied to water is at least 50 mg /1. Retain chlorine treated water in line
until completion of hydrostatic testing but not less than 24 hours. Following
chlorination, flush treated water from lines until replacement water has chlorine
content not more than 0.1 mg /1 in excess of residual water from supplying line,
and in any event not more than 0.2 mg/1 total.
3.02 MEASUREMENT AND PAYMENT
No separate payment for work performed under this Item. Include cost of same in
Contract unit price for other items of which this work is a component.
J3009 - 2/2
Std. 02/18/2009
ITEM NO. J3017 - FIRE HYDRANTS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Extent of Work: Furnish and install fire hydrant assemblies at locations shown on
PLANS.
B. Standard Specifications: Conform to the requirements of AWWA C502 -73 unless
otherwise specified hereinafter.
1.02 QUALITY ASSURANCE
Fire hydrants to be American- Darling B -84 -B, or approved equal. If required, submit
affidavit of compliance in accordance with AWWA C502 -73 Section 1.
1.03 PRODUCT DELIVERY STORAGE AND HANDLING
In accordance with AWWA C502 -73 Section 6.
PART 2 - PRODUCTS
2.01 DESIGN REQUIREMENTS
A. Main Valve Opening: Minimum of 5 -1/4 inches.
B. Barrel Diameter: Minimum internal diameter of 7 -1/4 inches.
C. End Opening and Connection: 6- inches with same connections as specified for
pipe, valves, and fittings.
D. Depth of Bury: Distance from bottom of inlet pipe to "ground- line" or "bury-
line ", said "ground line" or "bury line" being not less than 22 inches below
centerline of steamer nozzle.
E. Nozzles: Two 2 -1/2 inch hose nozzles and one 5 -1/4 inch "STORZ" steamer
nozzle or other dimension, which conform to Owner's standard. Hose connection
threads to be National Standard. Steamer connection threads to be Owner's
standard.
F. Operating Nut: Open by turning counterclockwise. Pentagonal shape, 1 -1/2
inches from point to flat, not less than 1 -1/4 inches depth. Owner's standard to
take precedence if different from this requirement.
G. Extension Section: Provide extension sections when indicated on PLANS or
where required to conform to Paragraph D. above.
J3017 - 1/2
Std. 02/18/2009
H. Protection from Traffic Damage: Equip hydrants with a breakable feature on the
stem and the barrel at the ground -line. In the event of an impact accident, the
hydrant main valve to remain closed with no leakage.
I. Lubrication: Provide permanent lubrication around threaded upper end of stem.
Use "0" ring seals to prevent lubricant from leaking out of reservoir into interior
surfaces of fire hydrant that are in contact with potable water.
J. Dry Top Design: Equip hydrant with drain valves which are an integral part of the
valve mechanism, which is to be in the open position when the main valve is
closed, for the purpose of draining the hydrant barrel. When the main valve is
open, these valves are to be closed.
L. Color: Furnish with the standard color as requested by the Owner.
PART 3 - EXECUTION
3.01 GENERAL
Furnish and install valves, fittings, and appurtenances used to complete fire hydrant
installation in accordance with applicable provisions of other TECHNICAL
SPECIFICATIONS.
3.02 CONSTRUCTION METHODS
A. Place fire hydrants at required locations shown on PLANS and in conformity with
details as indicated. Install fire hydrants, valves, and valve boxes plumb, and place
valve boxes directly over valves after they have been connected.
B. Install fire hydrants on concrete bed as indicated, and block between hydrant and
vertical wall of trench to prevent it from blowing off line.
C. Place 1/2 cubic yard of broken stone or gravel and base of each fire hydrant to ensure
drainage of valve when closed. Thoroughly compact gravel and backfill around fire
hydrant to surface of natural ground.
D. Before installation of any fire hydrant or valve, clean foreign material from interior of
valve or barrel of fire hydrant. Tighten stuffing boxes on valves and fire hydrant and
open and close them to insure that parts are in good working order.
3.03 MEASUREMENT AND PAYMENT
Measure "Fire Hydrant Assemblies" per each assembly at all depths. Measurement
shall include swivel/parallel tee, 6" valve, grade lock, hydrant, hydrant extension, and
related appurtenances that compose the "Fire Hydrant Assembly" shown on PLANS.
Payment for "Fire Hydrant" measured as stated above will be at the contract unit price
bid per each.
J3017 - 2/2
10/13/2005
ITEM NO. J3024 - BANK SAND BACKFILL
PART 1 - GENERAL
1.01 DESCRIPTION
Extent of Work. When shown PLANS, furnish and place bank sand backfill in trench
excavations above pipe zone as specified in Item No. J2001 - "Construction of
Underground Lines ", or as required by the Engineer.
PART 2 - PRODUCTS
2.01 PERFORMANCE AND DESIGN REQUIREMENTS
Materials. Bank sand to be free of organic matter, foreign material and mud balls. Sand
to have a minimum Plasticity Index of 7 and with not more than 40 percent passing a No.
200 sieve.
PART 3 - EXECUTION
3.01 INSTALLATION
Mechanical Tamping. Place bank sand in layers not exceeding 8 inches. Compact with
mechanical vibratory tamps to 95 percent of maximum density at approximate optimum
moisture content as prescribed by ASTM Designation D698. Water flooding is not
permitted.
3.02 MEASUREMENT AND PAYMENT
A. Measurement: No separate payment for work performed under this Item, except
as indicated below. Include cost of same price bid per linear foot of pipe for
which work is a component.
B. Payment: "Extra Bank Sand Backfill," when required, will be measured by the
cross - section method in its compacted position and paid for at Contract unit price
bid per cubic yard. Payment under this bid Item is limited to such additional bank
sand backfill not shown on PLANS that may be required.
J3024 - 1/1
08/03/2004
CONCRETE SECTION ASPHALT SECTION
SYMMETRICAL ABOUT OF TRENCH
WHERE REINFORCEMENT EXISTS
IT WILL BE BENT BACK AS SHOWN
CUT BASE BACK 12"
—•112" 12"h-- FROM EDGE OF TRENCH
_ 2 COURSE
FLEXIBLE BASE
< /<r<r<r<r</ % % "' % 0.9 '4 ri % %9 - .9 i i Vii % - %r %r '�r � % % %r�r�i�.� `,•
EXISTING SUBGRADE
TABLE OF
SLAB DEPTHS & REINF.
EDGE OF TRENCH
n `o� z a WIDTH VARIABLE
z � o � N a wo VARIABLE PIPE DIAMETER
M0 3 N N 111 8" 18 4 9" 40"
8" 24" 4 8" 46"
8" 30" 4 7" 52"
8" 36" 4 6" 58"
10" 42" 4 8 %" 64" SECTION SHOWING METHOD OF CUTTING
10" 48" 4 7 %s 70"
10" 54" 4 7" 76"
10" 60" 4 6 %" 82"
10" 66" 5 9' 88"
10" 72" 6 8 %z 94"
10" 78" 6 8 100" REPLACE CONCRETE OR BITUMINOUS WEARING SURFACE
10" 84" 6 7 W 106"
. AFTER BASE HAS BEEN THOROUGHLY
BEND STEEL BACK TO ORIGINAL COMPACTED. ASPHALT MAY BE APPLIED
POSITION AND SPLICE
-4 � 'r0111W� ° . r % .' /. r r?r<r<' <rs;r <r <'
FOR SIZE AND SPACING OF BASE REPAIR SHALL BE MADE WITH FLEXIBLE
TRANSVERSE REINFORCING SEE BASE MATERIAL AS PER THIS SPEC. fTEM.
"TABLE OF SLAB DEPTHS ETC."
2" BELOW ORIGINAL SUBGRADE
VARIABLE PIPE DIAMETER
BACKFILL ABOVE PIPE ZONE j BACKFILL IN PIPE ZONE IN ACCORDANCE WITH PAR. 2.06C
IN ACCORDANCE WITH PAR. . ', OF ITEM "CONSTRUCTION OF UNDERGROUND LINES."
2.06D OF ITEM "CONSTRUCTION •
UNDERGROUND LINES."
SECTION SHOWING METHOD OF CUTTING
CONCRETE & ASPHALT
PAVEMENT
CUTTING AND REPAIRING DETAILS
N.T.S.
END OF ITEM
J3007 - 7/8
Form 1082 (Rev. 03/09)
Page 2 of 2
We understand TxDOT may place additional provisions and requirements as listed below, based upon, but not limited to,
the type of utility being installed, local site conditions, soil types and traffic.
Additional Provisions and Requirements (for TxDOT input only)
• General Special Provisions:
J Are attached.
❑ Are not attached.
• As -built Plans /Certifications of Construction:
jJ Are required and shall be certified as accurate by an authorized representative of the company.
❑ Are required and shall be signed and sealed by a State of Texas Licensed Professional Engineer.
❑ Are not required
❑ Certification that utility was installed as approved
• Re vegetation Special Provisions: In order to minimize erosion and sedimentation resulting from the proposed
installation, the project area will be re- vegetated:
E { in accordance with TxDOT's Standard Specification Item 164 which specifies the appropriate grass seed mix
to be used, or:
❑ as indicated on the attachment.
TxDOT Representative to be notified 48 hours prior to beginning construction: %4 t■AN , C D.(A(Stil
If approved, we understand we will assume all risks associated with this installation within the TxDOT right of way. These
risks include injuries to our workers, damage to contiguous utility lines that may be in the area and injuries or damage
resulting from our failure to properly install and maintain the line.
If the character, use or function of our installation is materially changed from that approved under this Request, we will
notify TxDOT within 30 days after the change. In the event of a voluntary or involuntary loss of public utility status, or other
legal authority for longitudinal placement of the utility facility in the highway, or there is an abandonment of the facility
without the approval of TxDOT, we will at our expense remove the unauthorized portion of the facility from the right of way.
If installation of the line is not begun prior to the 91st calendar day from date of issuance, we acknowledge that, unless
otherwise extended, TxDOTs approval of this Request will automatically expire, and we will be required to resubmit our
Request. All Request submissions, whether due to expiration of approval under this paragraph or new Requests for
modifications and relocations shall be in accordance with the governing laws, rules, regulations and policies existing at the
time of submission. In the event we fail to comply with any or all of the requirements as set forth in this Request, the State
may take such action as it deems appropriate to compel our compliance.
By signing as /for the requestor below, I certify that I am authorized to represent the requestor, that I agree to the provisions
and requirements included in this Utility Installation Request, and our commencement of construction will further attest to
our review and acceptance of said additional provisions and requirements.
REQUESTOR APPROVED BY TxDOT
Date:
11/12/12 Date:
By : Joe . Wilson, Jr., E B
Signature: Signature:
Title: Vice P Title:
Address: 3501 Turtle Creek Drive, Suite 102 Address:
Port Arthur TX 77642
City State Zip Code City State Zip Code
( 409 ) 724 -7888 ( )
Area Code Telephone Number Area Code Telephone Number
/Z - / Y - Z'/'Z
�/J ,A®CA ICAIf1oAIeC12)
Std. 08/03/2004
ITEM NO. J3025 — RESILIENT WEDGE GATE VALVES 14 -INCH THROUGH 36 -INCH
FOR WATER DISTRIBUTION SYSTEMS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Furnish and install iron -body, bronze - mounted, nonrising stem gate valves which are
intended for use in approximate level setting on buried water distribution system
pipelines.
B. Related Work Specified Elsewhere: As specified in Item No. J2001 - "Construction of
Underground Lines," or other related work as called for on PLANS or specified
elsewhere in this or other TECHNICAL SPECIFICATIONS.
1.02 QUALITY ASSURANCE
A. Valves to be manufactured in accordance with AWWA C500 and AWWA C509,
unless otherwise specified hereinafter.
B. Valve shall be seat tested at the rated working pressure of 200 psi with no leakage.
Shell test of 400 psi shall be applied to body with valve in the open position with no
leakage through the metal, flanged joints, or stem seals.
C. Valves shall be available with various ends designed for connection to piping
specified. Mechanical joints are to be per ANSI /AWWA C111/A21.11 and include
mechanical joint accessories.
1.03 PROJECT DELIVERY STORAGE AND HANDLING
In accordance with AWWA C500, Section 31.
PART 2 - PRODUCTS
GENERAL
2.01 VALVE CONSTRUCTION
A. Sealing mechanism shall provide zero leakage at the water working pressure against
line flow from either direction and be designed such that no exposed metal seams,
edges, screws etc., are within the waterway in the closed position (all rubber surfaces).
The rubber covered gate shall not be wedged into a pocket nor slide across the seating
surface to obtain tight closure.
B. The stem shall be nonrising and furnished with triple oring stem seals.
J3025 - 1/3
Std. 08/03/2004
C. Furnish valves with bevel gearing when depth of cover prohibits vertical stem
location.
D. All valves 18 -inch and large shall be furnished with gears.
E. All internal and external ferrous surfaces of the valve, including the interior of the
gate, shall be coated with epoxy. Coating to be applied to castings prior to assembly
to insure all exposed areas, including bolt holes and flange face surfaces, will be
covered. Grades II, III, IV, and XI bronze not permitted where subject to contact by
water.
F. Inside screw valves may be fitted with bonnet flange for mounting indicator post if
desired. Bonnet bolts and glands to be cadmium plated.
G. Provide mechanical joint valve ends for use with PVC or ductile iron pipe and flanged
valve ends for use with steel pipe or steel cylinder reinforced concrete pipe, unless
noted otherwise on PLANS. Pipe size, wall thickness, working pressure thickness
class, or other pertinent information is furnished under applicable pipe specification or
noted on PLANS.
2.03 VALVE BOX CONSTRUCTION
A. Material: Cast iron, ASTM Al26, Class B.
B. Type: Either two- or three - piece, screw type, as required by installation drawings.
C. Base: Either round or oval and of proper size to fit valve on which they are installed.
D. Height: Provide extension section, if required, so that lid of valve box is flush with
surrounding surface.
E. Lid: Cast with word "WATER ".
PART 3 - EXECUTION
3.01 INSTALLATION
A. General: Make valve installation in accordance with applicable provisions of other
items pertaining to construction of lines and as follows:
1. Place valves at locations shown on Plans. Install valves and valve boxes
plumb, with valve boxes directly over valve stems.
J3025 - 2/3
Std. 08/03/2004
2. Before installation of valves, clean foreign material from interior of valves.
Open and close valves to insure that they are in good working order. Do not
backfill valves until tested with lines. Adjust glands with pressure on valve.
3. Install valves on minimum 6 inch thick X 30 inch square concrete precast or
cast in place base unless listed and /or shown otherwise on plans.
4. Bolts, nuts, and washers on buried flanged valves to be epoxy coated.
5. Wrap all valves with polyethylene film in accordance with AWWA
C105/A21.5.
3.02 MEASUREMENT AND PAYMENT
A. Measurement: Measure gate valves with valve boxes ( "Gate Valve and Box ") and
support blocking per each, for each size valve furnished and installed.
B. Pay for gate valves with valve boxes and support blocking, measured as stated, at
Contract unit price bid for respective sizes.
J3025 - 3/3
Std. 08/03/2004
ITEM NO. J3027 — TUNNEL CONSTRUCTION
PART 1 — GENERAL
1.01 DESCRIPTION
A. Extent of Work: Tunnel lines under railroads, state highways, and concrete paved
streets or other obstructions indicated. Make all other street crossings in accordance
with applicable Item.
B. Related Work Specified Elsewhere: Type and sizes of liner as shown on PLANS.
Railroad crossings shall conform to the A.R.E.A. Manual for Railway Engineering.
State highway crossings shall conform to the most recent Texas Department of
Transportation Standard Specifications for Construction of Highways, Streets and
Bridges.
PART 2 — PRODUCTS
2.01 MATERIALS
A. Steel Pipe Tunnel Liner
1. Steel Pipe: In accordance with AWWA C200 Grade B, butt- welded joints in
accordance with AWWA C200 Section 3. Pipe to be 4 inches larger in diameter
than largest diameter of pipe.
2. Wall Thickness: In accordance with the following table:
Size Minimum Thickness -
6 -inch to 34 -inch 1/4 - inch
35 -inch to 49 -inch 3/8 - inch
3. Coating: Pipe to be coated in accordance with AWWA C203, hot - applied coal tar
coating, factory applied.
B. Tunnel Liner Plates: Bituminous coated hot - dipped galvanized sectional liner plate.
Tunnel Liner Plate Size Gauge
48 -inch to 72 -inch diameter 12
78 -inch through 84 -inch diameter 10
C. Tunnel Liner Plates: Galvanized Steel tunnel liner plates.
1. Scope: These specifications cover steel tunnel liner plates, fabricated to permit
in -place assembly of a continuous steel support system. Tunnel, vertical shaft,
caisson or relined structure shall be of the diameter and /or shape and gage as
shown on the PLANS.
2. Material: Liner plates shall be fabricated from black steel plates conforming to
ASTM Specification A 569. Plates shall be of the gage shown on the PLANS,
J3027 - 1/4
Std. 08/03/2004
and shall be curved to suit the tunnel cross section shown. Plates shall be
galvanized in accordance with ASTM A 123, except that the zinc shall be applied
at a rate of 2.0 ounces per square foot total for both sides.
a. All plates shall be punched for bolting on both longitudinal and
circumferential seams, and shall be so fabricated as to permit complete
erection from the inside of the tunnel. The longitudinal seam shall be of the
lapped type, with an offset equal to the gage of metal for the full width of
plate to allow the cross section of the plate to be continuous through the
seam. Circumferential bolt hole spacing shall be 61/4- inches.
b. Grout holes shall be two inches (2 ") in diameter and shall be provided as
shown on the PLANS to permit grouting as the assembly of the liner plate
proceeds.
3. Nuts and Bolts: Nuts and bolts shall be x -inch in diameter and length as
recommended by the manufacturer. Bolts shall conform to ASTM A 449, Type 1
or ASTM A307.
a. For longitudinal seams, bolts shall be A 449, Type 1, for plate thickness
equal to or greater than 0.209. For plate thickness less than .209, the bolts
shall be A 307, Grade A.
b. All circumferential bolts may be A 307, Grade A.
c. Nuts shall conform to ASTM A 563, Grade A, Hex.
d. Galvanizing, when required, shall be in accordance with the requirements of
ASTM B -695, Class 50.
4. Installation: Liner plate shall be assembled in accordance with manufacturer's
recommendations. Longitudinal seams shall be staggered between rings. Voids
occurring between liner plate and existing structure or ground shall be grouted
until completely filled. Grout material and method of grouting shall be approved
by the engineer prior to the commencement of work.
C. Corrugated Metal Pipe: Bituminous coated hot - dipped galvanized corrugated metal
pipe with ID of 4%2- inches plus OD of bell of conveyance pipe. Furnish pipe
conforming to AASHTO M -36 -78 with coating, conforming to American Railway
Engineering Association Specification 1- 4 -13 -62 and of following gauges:
Corrugated Metal Pipe Size Gauge
15 -inch diameter and under 16
18 -inch to 30 -inch diameter 14
30 -inch and 36 -inch diameter 12
42 -inch diameter 10
J3027 - 2/4
Std. 08/03/2004
PART 3 — EXECUTION
3.01 GENERAL
A. Grout Encasement: When conveyance pipe is reinforced concrete steel cylinder pipe,
use grout encasement to fill annular space between conveyance pipe and tunnel liner.
Grout encasement is not necessary on steel conveyance pipe unless called for
elsewhere. Use grout having 3:1 sand - cement ratio and 100 pounds of Bentonite per
cubic yard of grout. Seal ends of encasement with 2 -inch (thick) creosoted timber.
B. Skids
1. Smooth Steel Pipe Liner
a. Concrete Pipe: Place additional mortar at center and quarter- points on each
Length of pipe in tunnel. Additional mortar to extend approximately 1 -inch
outside diameter of bell end. Each "pad" to be approximately 2 -feet long.
b. Steel Pipe, Cast Iron, and Asbestos- Cement Pipe: Use Advance Products &
Systems, Inc. casing insulators and seals or approved equal. Use proper size
end seals to seal ends. Place end insulators a maximum of 12- inches from
end of casing pipe. Intermediate insulators to be spaced to insure minimum
of two (2) insulators per joint of conveyance pipe.
2. Corrugated Metal Pipe Liner: Use Southern Pine, dense number one structural or
•
better, SISIE runners. Retaining bands to be galvanized, heavy duty, box
banding, approximately + -inch wide by 0.028 -inch thick. Spacing of bands to be
one per pipe joints of 4 -feet maximum. Cut notches in runners at joints of pipe.
3.02 CONSTRUCTION
A. Tunneling: Install conveyance pipe in tunnel liner where tunnel construction is
indicated. Unless other indicated, extend tunnel section 10 -feet beyond each side of
pavement for highways or road crossings and 10 -feet beyond outside ends of ties for
railroads. Construct tunnel by machine boring (dry) and jacking metal pipe liner or by
tunneling operation in conjunction with installation of tunnel liner plates. Install to
alignment and grade shown. Diameter of bored or tunneled hole not more than 1 -inch
greater in diameter than outside diameter of casing pipe.
B. Installing Conveyance Pipe: Make up joints as specified in applicable items of
TECHNICAL SPECIFICATIONS and in open trench. Place insulators and skids as
specified above. Where wood runners are indicated, attach runners to conveyance
pipe. Skid conveyance pipe into tunnel liner. Provide blocking on top of conveyance
pipes requiring concrete grout encasement to prevent vertical displacement due to
buoyance. Place grout encasement by pumping.
J3027 - 3/4
Std. 08/03/2004
3.02 MEASUREMENT AND PAYMENT
A. Measurement: Measure "Tunnel Construction" within limits shown, including
conveyance line, skids, blocking, grout encasement, and tunnel liner, by linear foot of
size and type of tunnel construction complete in place.
B. Payment: Pay for "Tunnel Construction ", measured as stated above, at Contract unit
price bid.
J3027 - 4/4
10/13/2005
ITEM NO. J3045 - TRENCH EXCAVATION AND SHORING SAFETY PLAN
PART 1 - GENERAL
1.01 DESCRIPTIONS
A. Scope of Work: Furnishing a Trench Excavation and Shoring Safety Plan,
including detailed plans and specifications for a trench safety system and
requirements for a safety program for the trench system, to be incorporated into
the bid documents and the Construction Contract, and all labor and materials for
installation, inspection, and maintenance of trench safety system.
B. Application: For any trench excavation at a depth of five (5) feet or greater or
where shown on PLANS provide trench safety system. Trench safety system is
not required when (a) Contractor's geotechnical engineer determines that the
trench excavation is to be made in stable rock; or (b) excavations are less than
five (5) feet in depth and examination of the ground by a competent person on
behalf of the Contractor provides no indication that a cave -in should be expected.
Trench safety system shall be in accordance with details shown on Contractor's
Trench Excavation and Shoring Safety Plan.
1.02 QUALITY ASSURANCE
Trench safety system to meet appropriate requirements established in
Occupational Safety and Health Administration (OSHA) Safety & Health
Regulations, 29 CFR 1926 -621, Subpart P - Excavations, Trenching and Shoring,
and OSHA's proposed standards on trenching excavation published in Volume
54, No. 209 of the Federal Register, October 31, 1989. Those standards are
incorporated into these specifications by reference. Should the applicable OSHA
standards be modified or amended, the more stringent standards shall apply.
Contractors working for political subdivisions of the State shall also be governed
by Section 2, Chapter 722, Act of the 70 Legislature, Regular Session, 1987
(Article 2378a.6, Vernon's Texas Civil Statutes).
1.03 SUBMITTALS
The successful bidder shall provide the Owner with its Trench Excavation and
Shoring Safety Plan for Project prior to Award of the Contract. The plan shall
incorporate detailed plans and specifications for trench safety system conforming
to OSHA standards that accounts for project site conditions, Contractor's trench
construction means, methods, techniques or procedures, the relationship of spoil
to edge of trench, and Contractor's equipment to be used in construction of
project facilities requiring trench system(s). Contractor shall provide a statement
signed and sealed by a Registered Professional Engineer licensed in the State of
J3045 - 1/5
10/13/2005
Texas stating that the Trench Excavation and Shoring Safety Plan and the detailed
plans and specifications for the trench safety system are designed in a good and
workmanlike manner and is in conformance with appropriate OSHA standards.
Contractor's plan and the detailed plans and specifications for the trench safety
system shall be incorporated into the bid documents and the Construction
Contract.
In determining who is a responsible bidder, the Owner may take into account the
safety record of the bidder, or the firm, corporation, partnership of institution
represented by the bidder, or anyone acting for such firm, corporation, partnership
or institution.
A political subdivision may require the bidders to attend a pre -bid conference for
the purpose of coordinating a geotechnical investigation of the project site by the
bidders. In awarding a contract, a political subdivision shall not consider a bid
from a bidder who failed to attend a pre -bid conference required by the political
subdivision under this section.
PART 2 - PRODUCTS
2.01 PERFORMANCE AND DESIGN REQUIREMENT
A. Materials
1. Timber: Trench sheeting materials to be full dimension mixed oak, a
minimum of two inches in thickness, solid and sound, free from
weakening defects such as loose knots and splits.
2. Steel Sheet Piling: Steel sheet piling shall conform to one of the following
specifications:
a. ASTM A328.
b. ASTM A572, Grade 50.
c. ASTM A690.
Steel for stringers (wales) and cross braces shall conform to ASTM A588.
3. Steel Trench Boxes: Portable steel trench box shall be constructed of steel
conforming to ASTM Specification A -36. Connecting bolts used shall
conform to Specification ASTM A -307. Welds to conform to
requirements of AWS Specification D1.1.
4. Other Materials: Other materials to be utilized shall conform to applicable
ASTM standards.
PART 3 - EXECUTION
3.01 GENERAL
Trench safety system shall be constructed, installed, and maintained in accordance
with the Trench Excavation and Shoring Safety Plan prepared by the Contractor's
Registered Professional Engineer. Contractor's negligence in performance of
J3045 - 2/5
10/13/2005
contract work resulting in any property damage or bodily injury including death
or the failure to note exceptions to the trench safety plan by the owner and /or his
representatives shall remain the sole responsibility and liability of the contractor.
3.02 INSTALLATION
A. Timber Sheeting: Timber sheeting and size of uprights, stringers (wales), and
cross bracing to be installed in accordance with Contractor's plan. Place cross
braces in true horizontal position, spaced vertically, and secured to prevent
sliding, falling, or kickouts. Cross braces to be placed at each end of stringers
(wales), in addition to other locations required. Cross braces and stringers (wales)
to be placed at splices of uprights, in addition to other locations required.
B. Steel Sheet Piling: Steel sheet piling of equal or greater strength may be used in
lieu of timber trench shoring shown in the OSHA tables (proposed standards).
Drive steel sheet piling to a least minimum depth below trench bottom as
recommended by Contractor's Registered Professional Engineer providing design.
Place cross braces in true horizontal position, spaced vertically and secured to
prevent sliding, falling, or kickouts. Cross braces to be placed at each end of
stringers (wales), in addition to other locations required.
C. Trench Boxes: Portable trench box may be used in lieu of timber trench shoring
shown in the OSHA tables (proposed standards) and shall be designed to provide
equal or greater protection than timber trench shoring shown in the OSHA tables.
In cases where top of portable trench box will be below top of trench, the trench
must be sloped to the maximum allowable slope for the soil conditions existing on
the Project. In areas where a sloped trench will affect the integrity of existing
structures, Contractor to protect structures prior to sloping trench.
D. Trench Jacks: When trench jacks are used for cross bracing and /or stringers
(wales), the trench jacks shall provide protection greater than or equal to the
timber cross bracing shown in the OSHA tables (proposed standards). Trench
jacks to be placed at each end of stringers (wales) in addition to other locations
required.
3.03 SUPERVISION
Provide competent supervisory personnel at each trench while work is in progress
to ensure Contractor's methods, procedures, equipment, and materials pertaining
to the safety systems in this Item are sufficient to meet requirements of OSHA
Standards.
3.04 MAINTENANCE OF SAFETY SYSTEM
J3045 - 3/5
10/13/2005
The safety system shall be maintained in the condition as shown on the Trench
Excavation and Shoring Safety Plan as designed by the Contractor's Registered
Professional Engineer. The contractor shall take all necessary precautions to
ensure the safety systems are not damaged during their use. If at any time during
its use a safety system is damaged, personnel shall be immediately removed from
the trench excavation area and the safety system repaired. The Contractor shall
take all- necessary precautions to ensure no lads, except those provided for in the
plan, are imposed upon the trench safety system.
3.05 INSPECTION
Contractor shall make daily inspection of trench safety system to ensure that the
system meets OSHA requirements. Daily inspection to be made by competent
personnel. If evidence of possible cave -ins or slides is apparent, all work in the
trench shall cease until necessary precautions have been taken to safeguard
personnel entering trench. Contractor to maintain permanent record of daily
inspections.
3.06 REMOVAL
Bed and backfill pipe to a point at least one (1) foot above top of pipe or other
embedded items prior to removal of any portion of trench safety system. Bedding
and backfill to be in accordance to other applicable specification items.
Backfilling and removal of trench supports shall be in accordance with
Contractor's Trench Excavation and Shoring Safety Plan. Removal of trench
safety system to be accomplished in such a manner to cause no damage to pipe or
other embedded items. Remove no braces or trench supports until all personnel
have evacuated the trench. Backfill trench to within five (5) feet of natural ground
prior to removal of entire trench safety system.
3.07 FURTHER AMENDMENT TO CONTRACT
All modifications to the Contractor's Trench Excavation and Shoring Safety Plan
or the detailed plans and specifications necessitated by the site conditions,
Contractor's trench construction means, methods, techniques or procedures and
Contractor's equipment to be used in construction of project facilities shall be
communicated to Owner in writing. All such modifications shall be
communicated to Owner in writing. All such modifications shall be signed and
sealed by a Registered Professional Engineer licensed in the State of Texas and a
statement provided stating that the modified plan and/or the modified detailed
plans and specifications for the trench safety system are designed in good and
workmanlike manner and is in conformance with appropriate OSHA Standards.
Such modifications to Contractor's plans and /or the Contractor's detailed plans
and specifications for the trench safety system shall thereafter be incorporated
into the Construction Contract.
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3.08 MEASUREMENT AND PAYMENT
A. Measurement: Measure "Trench Safety System" by linear foot of trench
protected. Shoring of trench at manholes and other line structures to be included
in the lineal foot cost.
B. Payment: Pay for "Trench Safety System" measured as stated and by depth of
trench protected as shown on PROPOSAL. Payment shall be full compensation
for all work described herein. There shall be no increase in the Contract price
because of the incorporation of Contractor's Trench Excavation and Shoring
Safety Plan or Contractor's detailed plans and specifications for the trench safety
system into the bid documents and the construction Contract. There shall be no
increase in the Contract price because of modifications to Contractor's plan
and/or the Contractor's detail plans and specifications for the trench safety
system, whether or not the result of unforeseen of differing site or soil conditions.
C. Pay for "Design of Trench Excavation and Shoring Safety Plan" by lump sum as
shown on PROPOSAL. Payment shall be full compensation for all professional
services relating to the Contractor's Trench Safety System.
J3045 - 5/5
APPENDIX "A"
• SECTION 3'' MONTHLY COMPLIANCE REPORT
4• u Texas General Land Office
a `' '�° °� Community Development Block Grant (CDBG)
', 1 : F i Disaster Recovery Program
r II : n?
n.J
- eOr1 L EO `
NEW HIRES SECTION 3
MONTHTLY COMPLIANCE REPORT
Reporting Month:
Economic Opportunities for Low and Very Low - Income Persons
This form is distributed to the General Contractor (GC) at the Pre - Construction Meeting. GC is also required to provide this form to any subcontractor firms
that they anticipate hiring for this project.
CONTRACTOR INFORMATION
Name of Business:
Address of Business:
Authorized Representative for this contract:
Authorized Signatory:
ADDITIONALLY, PLEASE REVIEW AND COMPLY WITH STEPS 1 3 BELOW:
1. You must sign and date this form for the each applicable reporting month in connection with awarded project and deliver to:
2. When you hire a Section 3 resident in connection with this project, you must also complete this form and submit it to the Section 3
Coordinator identified above. Even if there were no new hires this form must be completed and submitted to the Section 3
Coordinator identified above.
❑ I have not hired any new employees during the reporting Month specified.
I have hired Section 3 employess and/or non - Section 3 employees during the reporting month shown here.
The following is a list of the new hires and the trades:
New Hire Name Job Category/Trade Full -time? Yes or No
1.
2.
3.
4.
APPENDIX A
I have taken one or more of the following recruitment steps to hire a Section 3 Resident with the highest training and employment priority
ranking. Provide a brief description of actions taken:
I have taken steps to find a Section 3 Resident in the applicable targeted areas where the project(s)/assistance will take place. List areas:
❑ Placed signs or posters at prominent places in each of the above listed areas. Photographs were taken to document this action.
i have advertised to fill vacancy(ies) at the site(s), where work is taking place, in connection with this project.
List advertisements (name publication, e.g. Work In Texas, Houston Chronicle, and/or website(s):
❑ Distributed employment flyers to the administrative office of the local Public Housing Authority,
❑ Provided notice of positions available to the Texas Workforce Commission for potential applicants. Provide copy of notice.
❑ Contacted employment referrals or Youthbuild Program referrals. List contacts:
❑ Contacted with applicable parties to ensure that any HUD Youthbuild programs currently operating in the project(s) area/
assistance will take place.
❑ Kept a log of all applicants and indicate the reasons why Section 3 Residents who applied were not hired.
❑ Retained copies of any employment applications completed by public housing, Section 8 certificate or voucher holders or other
Section 3 Residents.
❑ Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker
representatives with whom our firm has a collective bargaining or other agreement.
3. Verification
❑ I have attached proof of all checked items.
Authorized Name and Signature Date/Time Field
Text
Attested By:
APPENDIX A
APPENDIX "B"
ATTORNEY'S REVIEW CERTIFICATION
ATTORNEY'S REVIEW CERTIFICATION
I, the undersigned, , the duly authorized and
acting legal representative of the , do hereby
certify as follows:
I have examined the attached contract(s) and surety bonds and am of the opinion that each of
the agreements may be duly executed by the proper parties, acting through their duly
authorized representatives; that said representatives have full power and authority to execute
said agreements on behalf of the respective parties; and that the agreements shall constitute
valid and legally binding obligations upon the parties executing the same in accordance with
terms, conditions and provisions thereof.
Attorney's signature: Date:
Print Attorney's Name:
2009 TxCDBG Project Implementation Manual
Appendix K Appendix B
APPENDIX "C"
REQUEST FOR TIME EXTENSION
REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES
CITY OF PORT ARTHUR
DATE: , 20
MONTH OF: , 20
CITY of PORT ARTHUR, TEXAS
PUBLIC WORKS DEPARTMENT
P.O. BOX 1089
CITY of PORT ARTHUR, TEXAS 77641 -1089
ATTENTION: Ross Blackketter, P.E.,
Public Works Director
Gentlemen:
We request extension of completion time on our Contract due to the days of work lost as
specified (list dates actually lost: do not include days not normally worked such as Saturdays,
Sundays, or holidays):
Dates Lost:
Days Lost ( ) / 5 x 7 + Calendar Days Requested
Reasons for Request:
Contractor
By:
Approved for extension of calendar days.
Disapproved.
Date: , 20 CITY OF CITY OF PORT ARTHUR,
TEXAS
BY:
City Manager
Distribution by City
Original: Public Works Department
xc: Engineer
Contractor
CPA Federally Funded
APPENDIX : "D"
COPELAND ACT _'REGULATIONS
Copeland Act Regulations
Title 29 — LABOR
PART 3 — CONTRACTORS AND
Subtitle A — Office of the SUBCONTRACTORS ON PUBLIC
Secretary of Labor BUILDING OR PUBLIC WORK
FINANCED IN WHOLE OR IN
PART BY LOANS OR GRANTS
FROM THE UNITED STATES
Sec. minimum wage provisions of the Davis -Bacon
3.1 Purpose and scope Act and the various statutes dealing with
3.2 Definitions Federally - assisted construction that contain
3.3 Weekly statement with respect to payment similar minimum wage provisions, including
of wages those provisions which are not subject to
3.4 Submission of weekly statements and the
preservation and inspection of weekly Reorganization Plan No. 14 (e.g., the College
payroll records. Housing Act of '1950, the Federal Water
3.5 Payroll deductions permissible without Pollution Control Act, and the Housing Act of
application to or approval of the Secretary 1959), and in the enforcement of the overtime
of Labor. provisions of the Contract Work Hours
3.6 Payroll deductions permissible with the Standards Act whenever they are applicable to
approval of the Secretary of Labor. construction work. The part details the
3.7 Applications for the approval of the obligation of contractors and subcontractors
Secretary of Labor relative to the weekly submission of statements
3.8 Action by the Secretary of Labor upon regarding the wages paid on work covered
applications.
3.9 Prohibited payroll deductions. thereby; sets forth the circumstances and
3.10 Methods of payment of wages. procedures governing the making of payroll
3.11 Regulations part of contract. deductions from the wages of those employed
on such work; and delineates the methods of
AUTHORITY: The provisions of this Part 3 payment permissible on such work.
issued under R.S. 161, sec. 2, 48 Stat. §48; Reorg.
Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Section 3.2 Definitions.
Appendix; 5 U.S.C. 301; 40 U.S.C. 276c.
SOURCE: The provisions of this Part 3 appear As used in the regulations in this part: "
at 29 F.R. 97, Jan. 4, 1964, unless otherwise noted. (a) The terms building' or work
generally include construction activity as
Section 3.1 Purpose and Scope. distinguished from manufacturing, furnishing of
materials, or servicing and maintenance work.
This part prescribes "anti- kickback" The terms include, without limitation, buildings,
regulations under section 2 of the Act of June structures, and improvements of all types, such
13, 1934, as amended (40 U.S.C. 276c), as bridges, dams, plants, highways, parkways,
popularly known as the Copeland Act. This streets, subways, tunnels, sewers, mains,
part applies to any contract which is subject to powerlines, pumping stations, railways,
Federal wage standards and which is for the airports, terminals, docks, piers, wharves,
construction, prosecution, completion, or repair ways, lighthouses, buoys, jetties, breakwaters,
of public buildings, public works or buildings or levees, and canals; dredging, shoring,
works financed in whole or i n scaffolding, drilling, blasting, excavating,
part by loans or grants from the United States. clearing, and landscaping. Unless conducted
The part is intended to aid in the enforcement in connection with and at the site of such a
of the building or work as is described in the
foregoing sentence, the manufacture or
furnishing of materials, articles, supplies, or
equipment (whether or not a Federal or State
7 -55
agency acquires title to such materials, subsidiary or otherwise, and an officer or agent
articles, supplies, or equipment during the of such corporation.
course of the manufacture or furnishing, or (g) The term "Federal agency" means
owns the materials from which they are the United States, the Di strict of Columbia, and
manufactured or furnished) is not a "building" all executive departments, independent
or "work" within the meaning of the regulations establishments, administrative agencies, and
in this part. instrumentality's of the United States and of
(b) The terms "construction," the District of Columbia, including corporations,
"prosecution," "completion," or "repair" mean all all or substantially all of the stock of which is
types of work done on a particular building or beneficially owned by the U nited States, by the
work at the site thereof, including, without District of Columbia, or any of the foregoing
limitation, altering, remodeling, painting and departments, establishments, agencies, and
decorating, the transporting of materials and instrumentality's.
supplies to or from the building or work by the {29 FR 97, Jan. 4, 1964, as amended at 33 FR 32575, Nov. 27,
employees of the construction contractor or 1973}
construction subcontractor, and the Section 3.3 Weekly statement with
manufacturing or furnishing of materials, respect to payment of wages.
articles, supplies, or equipment on the site of
the building or work, by persons employed at
(a) As used in this section, the term
the site by the contractor or subcontractor. "employee" shall not apply to persons in
(c) The terms "public building" or classifications higher than that of laborer or
"public work" include building or work for mechanic and those who are the immediate
whose construction, prosecution, completion, supervisors of such employees.
or repair, as defined above, a Federal agency
is a contracting party, regardless of whether (b) Each contractor or subcontractor
engaged in the construction, prosecution,
title thereof is In a Federal agency. completion, or repair of any public building or
(d) The term "building or work financed public work, or building or work financed in
in whole or in part by loans or grants from the whole or in part by loans or grants from the
Unites States" includes building or work for United States, shall furnish each week a
whose construction, prosecution, completion, statement with respect to the wages paid each
or repair, as defined above, payment or part of its employees engaged on work covered by
payment is made directly or indirectly from 29 CFR Parts 3 and 5 during the preceding
funds provided by loans or grants by a Federal weekly payroll period. This statement shall be
agency. The term includes building or work for executed by the contractor or subcontractor or
which the Federal assistance granted is in the by an authorized officer of employee of the
form of loan guarantees or insurance. contractor or subcontractor who supervises the
(e) Every person paid by a contractor payment of wages, and shall be on form WH
or subcontractor in any manner for his labor in 348, "Statement of Compliance," or on an
the construction, prosecution, com pietion, or identical form on the back of WH 347, "Payroll
repair of a public building or public work or (For Contractors Optional Use)" or on any form
building or work financed in whole or in part by with identical wording. Sample copies of WH
loans or grants from the United States is
"employed" and receiving "wages," regardless 347 and WH 348 may be obtained from the
of any contractual relationship alleged to exist Government contracting or sponsoring agency,
between him and the real employer. and copies of these forms may be purchased
(f) The term "any affiliated person" at the Government Printing Office.
includes a spouse, child, parent, or other close (c) The requirements of this section
relative of the contractor or subcontractor; a shall not apply to any contract of $2,000 o r
less.
partner or officer of the contractor or
subcontractor; a corporation closely connected (d) Upon a written finding by the head
of a Federal agency, the Secretary of Labor
with the contractor or subcontractor as parent, may provide reasonable limitations, variations,
56
7
tolerances, and exemptions from the (a) Any deduction made in compliance
requirements of this section subject to such with the requirements of Federal, State, or
conditions as the Secretary of Labor may local law, such as Federal or State withholding
specify. income taxes and Federal s ocial security
{29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July taxes.
17, 1968} (b) Any deduction of sums previously
Section 3.4 Submission of weekly paid to the employee as a bona fide
statements and the preservation and prepayment of wages when such pr epayment
inspection of weekly payroll records. is made without discount or i nterest. A "bona
fide prepayment of wages" is considered to
(a) Each weekly statement required have been made only when cash or its
under §3.3 shall be delivered by the contractor equivalent has been advanced to the person
or subcontractor, within seven days after the employed in such manner as to give him
regular payment date of the payroll period, to a complete freedom of disposition of the
representative of a Federal or State agency in advanced funds.
charge at the site of the building or work, or if (c) Any deduction of amounts required
there is no representative of a Federal or State by court process to be paid to another, unless,
agency at the site of the building or work, the the deduction is in favor of the contractor,
statement shall be mailed by the contractor or subcontractor or any affiliated person, or when
subcontractor, within such time, to a Federal or collusion or collaboration exists.
(d) Any deduction constituting a
State agency contracting for or financing the contribution on behalf of the pers on employed
building or work. After such examination and
check as may be made, such statement, or a to funds established by the employer or
copy thereof, shall be kept available, or shall representatives of employees, or both, for the
be transmitted together with a report of any purpose of providing either from principal or
violation, in accordance with applicable income, or both, medical or hospital care,
procedures prescribed by the United States pensions, or annuiti es on retirement, death
Department of Labor. benefits, compensation for injuries, illness,
(b) Each contractor or subcontractor accidents, sickness, or disability, or for
shall preserve his weekly payroll records for a insurance to provide any of the foregoing, or
period of three years from date of completion unemployment benefits, vacation pay, savi ngs
of the contract. The payroll records shall set accounts, or similar payments for the benefit of
out accurately and completely the name and employees, their families and dependents:
address of each laborer and mechanic, his Provided, however, That the following
correct classification, rate of pay, daily and standards are met: (1) The deduction is not
weekly number of hours worked, deductions otherwise prohibited by law; (2) it is either: (i)
made, and actual wages paid. Such payroll Voluntarily consented to by the employee in
records shall be made available at all times for writing and in advance of the period in which
inspection by the contracting officer or his the work is to be done and such consent is not
authorized representative, and by authorized a condition either for the obtaining of or for the
representatives of the Department of Labor. continuation of empioym ent, or (ii) provided for
in a bona fide collective bargai ning agreement
Section 3.5 Payroll deductions between the contractor or subcontractor and
permissible without application to or representatives of its employees; (3) no profit
approval of the Secretary of Labor. or other benefit is otherwise obtained, directly
or indirectly, by the contractor or subcontractor
Deductions made under the circumstances or or any affiliated person in the form of
in the situations described in the paragraphs of commission, dividend, or otherwise; and (4)
this section may be made without application the deductions shall serve the convenience
to and approval of the Secretary of Labor: and interest of the employee.
(e) Any deduction contributing toward
the purchase of Uni ted States Defense Stamps
57
7
and Bonds when voluntarily authorized by the such consent is not a condition either for the
employee. obtaining of employ ment or its continuance; or
(f) Any deduction requested by the (2) provided for in a bona fide collective
employee to enable him to repay loans to or to bargaining agreement between the contr actor
purchase shares in credit unions organized or subcontractor and representatives of its
and operated in accordance with Federal and employees.
State credit union statutes. (36 F.R. 9770, May 28, 1971.)
(g) Any deduction voluntarily
authorized by the employee for the making of Section 3.6 Payroll deductions
contributions to governmental or quasi- permissible with the approval of the
governmental agencies, such as the American Secretary of Labor.
Red Cross.
(h) Any deduction voluntarily Any contractor or subcontractor may apply to
authorized by the employee for the making of the Secretary of Labor for permission to make
contributions to Community Chests, United any deduction not perm itted under §3.5. The
Givers Funds, and similar charitable Secretary may grant permission whenever he
organizations. finds that:
(i) Any deductions to pay regular union (a) The contractor, subcontractor, or
initiation fees and membership dues, not any affiliated person does not make a profit or
including fines or special assessments: benefit directly or indirectly from the deduction
Provided, however, That a collective either in the form of a commission, dividend, or
bargaining agreement between the contr actor otherwise;
or subcontractor and representatives of its (b) The deduction is not otherwise
employees provides for such deductions and prohibited by taw;
the deductions are not otherwise prohibited by (c) The deduction is either (1)
law. voluntarily consented to by the employee in
(j) Any deduction not more than for the writing and in advance of the period in which
"reasonable cost" of board, lodging, or other the work is to be done and such consent is not
facilities meeting the requirements of section a condition either for the obtaining of
3(m) of the Fair Labor Standards Act of 1938, employment or its continuance, or (2) provided
as amended, and Part 531 of this title. When for in a bona fide collective bargaining
such a deduction is made the additional agreement between the contractor or
records required under §516.27(a) of this title subcontractor and representatives of its
shall be kept. employees; and
(k) Any deduction for the cost of safety (d) The deduction serves the
equipment of nominal value purchased by the convenience and interest of the employee.
employee as his own property for his personal
protection in his work, such as safety shoes, Section 3.7 Applications for the approval
safety glasses, safety gloves, and hard hats, if of the Secretary of Labor.
such equipment is not required by law to be
furnished by the employer, if such deduction is Any application for the making of payroll
not violative of the Fair Labor Standards Act or deductions under §3.6 shall comply with the
prohibited by other law, if the cost on which the requirements prescribed In the following
deduction is based does not exceed the actual paragraphs of this section:
cost to the employer where the equipment is (a) The application shall be in writing
purchased from him and does not include any and shall be addressed to the Secretary of
direct or indirect monetary return to the Labor.
employer where the equipment is purchased (b) The application need not identify
from a third person, and if the deduction is the contract or contracts under which the work
either (1) voluntarily consented to be the in question is to be performed. Permission will
employee in writing and in advance of the be given for deductions on all current and
period in which the work is to be done and future contracts of the applicant for a period of
58
7
1 year. A renewal of permission to make such Section 3.11 Regulations part of contract.
payroll deduction will be granted upon the
submission of an application which makes All contracts made with respect to the
reference to the original application, recites the construction, prosecution, completion, or repair
date of the Secretary of Labor's approval of of any public building or public work or building
such deductions, states affirmatively that there or work financed in whole or in part by loans or
is continued compliance with the standards set grants from the United States covered by the
forth in the provisions of §3.6, and specifies regulations in this part shall expressly bind the
any conditions which have change d in regard contractor or subcontractor to comply with
to the payroll deductions. such of the regulations in this part as may be
(36 F.R. 9770, May 28, 19713 applicable. In this regard, see §5.5(a) of this
(c) The application shall state subtitle.
affirmatively that there is compliance with the
standards set forth in the provisions of §3.6.
The affirmation shall be accompanied by a full
statement of the facts indicating such
compliance.
(d) The application shalt include a
description of the proposed deduction, the
purpose to be served thereby, and the classes
of laborers or mechanics from whose wages
the proposed deduction would be made.
(e) The application shall state the name
and business of any third person to whom any
funds obtained from the proposed deductions
are to be transmitted and the affiliation of such
person, if any, with the applicant.
Section 3.8 Action by the Secretary of
Labor upon applications.
The Secretary of Labor shall decide whether
or not the requested ded uction is permissible
under provisions of §3.6; and shall notify the
applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this
part and which are not found to be permissible
under §3.6 are prohibited.
Section 3.10 Methods of payment of
wages.
The payment of wages shall be by cash,
negotiable instruments payable on dem and, or
the additional forms of compensation for which
deductions are permissible under this part. No
other methods of payment shall be recognized
on work subject to the Copeland Act.
59
7
APPENDIX "E"
SECTION 3 CLAUS
LAUSE
§ 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure
that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered
by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor
has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or
workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the
name and location of the person(s) taking applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations
in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract
or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.
The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract
for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of
the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section 7(b) agree to co mply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
Utility Installation Request Form 1082
=4'" (Rev. 12109)
Page 1 of 2
PERMIT NUMBER 1
Department GLOBAL POSITIONING SYSTEM COORDINATES (GPS)
of Transportation NORTH AMERICAN DATUM 1983, (1993 ADJUSTMENT)
IN DECIMAL DEGREES(DD)
LATITUDE (DD) LONGITUDE (DD)
BEGIN 29.822147 N 93.963442 W
END 29.776086 N 93.943658 W
To the Texas Transportation Commission
c/o District Engineer Texas Department of Transportation Date 10/01/12
Sabine Pass , Texas
Formal notice is hereby given that City of Port Arthur
proposes to place a 16 -Inch and 20 -Inch PVC Water Line
line within the right of way of SH 87 , RM , Displ. , to RM Displ. in
Jefferson County Texas, MNT Sec. No. OZS as follows: (give location, length, general design, etc.
Use additional sheet as needed)
Install approximately 11,250 I.f. of 16 -Inch PVC Water Line starting at the Intracoastal Canal Bridge running along the east side of SH
87, 50 I.f. 24 -Inch casing tunnel construction and running along the east side of SH 87 and 1100 I.f. directional drill under
Keith's Lake and ending at Keith's Lake . •
We will construct and maintain the line on the highway right of way as shown on the attached drawing and in accordance
with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws,
including, but not limited to, the "Texas Engineering Practice Act," "Federal Clean Water Act," the "National Endangered
Species Act" "Americans with Disabilities Act," and the "Federal Historic Preservation Act." Upon request by TxDOT at any
time, we will submit to TxDOT proof of compliance with all governing laws, rules and regulations before commencement of
construction. Plans shall include the design, proposed location, vertical elevations, and horizontal alignments of the facility
based on the department's survey datum, the relationship to existing highway facilities and the right of way line, traffic
safety and access procedures, and location of existing utilities that may be affected by the proposed utility facility. The
location and description of the proposed line and appurtenances is more fully shown by a complete set of drawings
attached to this Utility Installation Request (Request). We will give plans to TxDOT for each future proposed modification or
expansion to our facility and TxDOT will have 30 days to review and approve the plans prior to commencement of the work.
A new Request may be required as a condition of approval.
Our organization will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed
installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions." We will also
ensure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control
Devices will be installed and maintained for the duration of this installation.
When installing, modifying or maintaining our utility on controlled access facilities, we shall conform to the Texas
Transportation Code, Title 6 Roadways, Chapter 203, Subchapter C, Control of Access, §203.031 (http: / /www.statutes.
legis.state.tx.us /). We shall limit access for servicing this installation to access via (a) frontage roads where provided, (b)
nearby or adjacent public roads or streets, (c) trails along or near the highway right of way lines, connecting only to an
intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way for normal
service and maintenance operations. Our rights of access to the through traffic roadways and ramps shall be subject to the
same rules and regulations that apply to the general public.
It is expressly understood that TxDOT does not purport hereby to grant any right, claim, title or easement in or upon
highway right of way. TxDOT may require us to relocate this line, subject to the provisions of goveming laws, by giving us at
least 30 days written notice. We understand a new Request will be required for the relocation. We will notify TxDOT prior to
commencement of any operation which requires pruning of trees so that TxDOT may provide specifications to govern
performance of work, including trimming, topping, tree balance, type of cuts, painting cuts and clean up. We understand
that these specifications are intended to preserve TxDOT's considerable investment in highway beautification plantings and
by reducing damage due to trimming and to protect known endangered species.
Our installation shall not damage any part of the roadway structure or associated appurtenances. We will make adequate
provisions to cause minimum inconveniences to the traveling public and adjacent property owners. We will not open -cut
driveways or intersecting roadways without specific written permission from the owner.
Following approval, we will begin construction on or after 10/15/12
Month /Day/Year
(
0 _
SECTION A -A
(TUNNEL CONSTRUCTION)
1719110 10 Gam A untuuI OF 0 term EDGE CF PAYD1ENI W BOTH SDFS OF ROADWAY UNLESS 01100 + 00000.
PAVEMENT
•
■ y� 001E. ,M
• 0'�E0 i 1S 01 61410 10 ! AT EACH END OF CASINO - g
9 : AND CtFNt 0011PLNO Q 0-4 IYP. 2' 11 2' 1YP.
S2 OR , AppROYED EQUAL MP. 01
IMMI 1111E 4-71 r p ur i r --
1_4" g_____. Mig._"...___ - - =
sEE guar Oaoo - SEE CHART BMW RUBBER Eta SEAL
rrtn1S
TYPICAL LONGITUDINAL SECTION
CASING DETAIL
(TUNNEL CONSTRUCTION)
CARRIER PIPE SIZE CASING SIZE
♦' 10'
6' 12'
6' t0'
to' t?
1r 20'
10'
I 22' 24'
1 CASING SIZE TABLE
(TUNNEL CONSTRUCTION)
1
i HWY 87 WATER LINE PAGE
r ® ARCENEAUX & GATES CASING DETAIL - 2
1 Consulting Engineers. lino.
R ARCENEAUX Engineers Surveyors Planners CITY OF PORT ARTHUR OF
GATES 0 3601 rustle Croat Drba, Snits 102
1 Pert Artnur . Tens 764E SABINE PASS, JEFFERSON COUNTY, TEXAS
Por ME ,F ,E%AS (409) 7 24 -98613
A Burrow Globes Company
9
E TEXAS REGISTERED ENGINEERING FIRM F -30 DATE: SEPTEMBER 2012 SCALE: N.T.S. DRAWN: MSA
TEXAS LICENSED SURVEYING FIRM 100142 -00 PROJ. No.: CPA -700 DESIGN: K.X.C. CHECKED: J.M.W.
R.O.W. VARIES FROM 50' TO 90'
20' VARIES EXISTING ASPHALT
15' ROAD
EXISTING EARTHEN
SWALE
z
EXISTING 12 WATER LINE EXISTING EARTHEN
PROPOSED 16 ' WATER LINE SWALE
s
EXISTING ASPHALT ROAD SECTION
N.T.S.
HWY 87 WATER LINE PAGE
® ARCENEAUX &GATES
ACCESS ROAD CROSSING
ARCEr A UX
Consulting Snipers" Engineers. Planners CITY OF PORT ARTHUR OF
GATES GATES 3601 'hurtle creek Mire, Butte 102
Fort Arthur. T0*e' 77642 SABINE PASS, JEFFERSON COUNTY, TEXAS
409 724-7666
A Burrow Calabei Company
a TEXAS REGISTERED ENGINEERING FIRM F -30 DATE: SEPTEMBER 2012 SCALE: N.T.S. DRAWN: MSA
` TEXAS LICENSED SURVEYING FIRM 100142 -00 PROJ. No.: CPA -700 DESIGN: K.X.C. CHECKED: J.M.W.
APPENDIX "F
TXDOT PERMIT
APPENDIX "G"
ARMY CORPS OF . ENGINEERS PERMIT
•
DEPARTMENT OF THE ARMY PERMIT
Permittcc General Public
•
Permit No. S\VG- 1998 -02413
Issuing Office Galveston District
NOTE: The term "you" and its derivatives. as used in this permit, means the permittee or any future transferee. The term this office" refers w the
appropriate di or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that
office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To install pipelines by directional drilling. The project will be conducted in accordance with the attached plans, in 3 sheets.
Project Location: In navigable waters ut•the United States, at locations within Galveston District. excluding the State of Louisiana.
•
Permit Conditions:
General Conditions:
I. This General Permit will expire on 31 December 2014 unless modified, extended or revoked.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit.
You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with Genera! Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it
without a good fitith transfer. you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must
immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery Oita pr if the site is eligible litr listing in the National Register of Historic Places.
•1. If you sell the properly associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of
the permit to this office to validate the transfer of this authorization.
5. Ira condit ioned water quality certification ication has been issued for your project, you must comply with the conditions specified in the certification
as special conditions to this permit. Fur your convenience, a copy of the certification is attached if it contains such conditions.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR325 (Appendix A))
•
6. You must allow representatives li•oni this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has
been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
a. That each proposed pipeline shall be reported, in writing, to the District Engineers, U.S. Arniy Corps of Engineers, Galveston, Texas and
to the U.S. Coast Guard. New Orleans, Louisiana prior to commencing the work. The applicant will be notified in writing upon approval of
the proposed activity.
b. That if the work authorized by a specific site approval is not started within 1 year, or if it is not completed within 2 years from its approval
date. the authorization. if not previously revoked or specifically extended, shall automatically expire. •
c. That the penniltee shall obtain all necessary certifications from all appropriate Federal, State and local government agencies and.
additionally. shall be subject to any government regulation or requirements when applicable.
d. That prior to construction activities, the authorized party shall locate and identify all existing pipelines in the immediate vicinity of the
proposed work and shall notify the owner of such pipelines of the planned activity.
e. That the discharge of dredged or till materials into waters of the United States or adjacent wetlands or dredging from these waters will not
be permitted tinder the provisions o1'this General Permit
f. That all work authorized herein does not authorize any disturbance to adjacent wetlands. submerged vegetation. and reefs during the
installation of pipelines. •
a. That all areas impacted by the placement of pipelines and associated activities shall be restored to pre - project conditions.
h. That all pipelines crossing Federal project channels shall be identified by signs in accordance with the following minimum requirements.
1. The signs shall be placed a minimum of 50 feet beyond the beacon lines in bays and in landlocked channels.
2. I'he signs shall be placed on both sides of the channel. •
3. The signs shall he placed parallel to the channel and supported on two single piles with at least 2 -inch butts, one on each side
ofthe pipeline.
•1. The signs shall have lettering of sufficient size that can he read easily from the carter of channel by a person with normal
vision.
•
i. that no work shall be performed in designated whooping crane habitat (wintering areas) between October 15 and April 15.
j. that no work be pertermed within 1.50( feet of the shoreline daily eastern brown pelican Islands between February 1 and October 31.
Existing nesting islands include Sundown Island in Matagorda Bay. Pelican Island in Corpus Christi Bay. Dressing Point in East Matagorda
Bay, Second Chain of Islands between Ayres and San Antonio Bays. Little Peliean isiand in Galveston Buy, Mustang Bayou islaiid in
Chocolate Bay. Jigsaw in West Bay. and Northeast Mansfield Island and Three Island Spoil in the Laguna Madre.
k. Required impacts to migratory bird nesting habitat shall be minimized to the greatest extend possible. To avoid peak nesting periods no
work shall be performed within 1000 feet of the shoreline of any bird nesting island (rookery) between February 15 and September 1.
I. That if the activity is to be performed in the areas listed below. the applicant will contact the Real Estate Division of the U.S. Army Corps
of Engineers. Galveston for required approvals prior to performing the work. The areas requiring special approvals are as follows:
Federal Channel Corps of Engineers Station
Neches laver Channel 0400 thru 50 +00
790 +00 thru 822 +94
854 +07 thru 908 +00
Port Arthur Channel 0 +00 thru 326 +24.47
Sabine - Neches Channel 0 +00 thru 593 +68.5
Sabine River Channel 37 +00 thro 66 +00
In. Individual actions under this permit shall be reviewed for potential impacts to historic properties. Ifsites listed on, or eligible for the
National Register ol'1listoric Places exist within the permit area. coordination with the State I listoric Preservation Office and Advisory
Council on Historic Preservation will take place in accordance with 36 C.F.R. 800 and 33 C.F.R. 325, Appendix C.
n. That as -built drawings certified by a professional engineer or registered surveyor shall be provided to the appropriate area office within 30
days after placement of the pipeline. Such drawings shall indicate the exact location (e.g. Corps of Engineers Channel Station Number)and
installed depth ofthe authorized pipelines.
o. That pipelines placed beneath deep draft project - channels will be placed a minimum of 20 Net below the authorized project depth of the
channel. However. in cases where the natural bottom of the waterway is more than 20 feet below the authorized project depth, the pipeline
will be placed a minimum ol'5 feet below the natural bottom. Pipelines will be placed at the greatest depth. which meets the above
requirements over the entire channel bottom width. plus a distance 01'50 feet on each side of the channel measured normal to the centerline.
A gradient ache pipeline under the slopes must be no steeper than the theoretical side slope.
p. That pipelines placed beneath the main channel of the Gulf Intracoastal Waterway from Sabine River to Brownsville be 25 feet below
mean low tide or 5 feet below the bed of the waterway, whichever is greater over the bottom width, plus a distance of 12.5 feel on each side
of the channel measured normal to the centerline. A gradient of the pipeline under the side slopes must be no steeper than the theoretical
channel side slope. For the tributary channel of the Gulfintracoastal Waterway and other shallow draft project channels, the pipelines shall
be 10 Net below the dredged depth of the channel. However, in cases where the natural bottom of the waterway is more than 10 feet below
the dredged depth they will be placed a minimum of 5 feet below the bottom. Pipelines shall be placed at the greatest depth which meets the
above requirements over the entire channel bottom width plus a distance 12.5 feet on each side of the channel measured normal to the
centerline. A gradient of the pipeline under the side slopes must he no steeper than the theoretical channel side slope.
q. It is required that all pipelines placed beneath any project channel be placed so that they are perpendicular to the centerline of the channel.
In addition, all pipelines will be in a corridor not more than) 50 feet wide, pleasured longitudinal with the centerline of the channel. All
corridors will be no closer than 1,000 feet to one another.
r. That the proposed activities within the Corps of Engineers jurisdiction will not adversely affect Federally listed or proposed, threatened or
endangered species or adversely modify their critical habitat as defined by the Endangered Species Act of,1973. as amended. Before
authorization, the Corps of Engineers will supply the complete project plans to the U.S. Fish and Wildlife Service and /or the National Marine
Fisheries Service. Coordination will insure that no detrimental impacts to endangered or threatened species or their critical habitat occurs
lvithin the permit area.
s. The permittee understands and agrees'that any future operations by the United States require the removal. relocation. or other alteration. of
the structure or work. herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters. the permittee will be required, upon due notice from
the Corps of Engineers. to remove, relocate. or alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
t. When structures or work authorized by this permit are detcrtnined by the Galveston District Engineer to have become abandoned,
obstructive to navigation or cease to be used for the purpose for which they were permitted. such structures or other work must he removed.
the area cleared of all obstructions, and written notice given to the Galveston District Engineer within 30 calendar days of completion.
NOTE: For n t with ct depths than 25 fe (n„
:vvl'1i. rili this General iJrul hJrillit a Shallow i'r Di aei Cfiailiw', is a channel with proje pubs le..:; t. aL feet (mean low tide) %C: a Deep Draft
Channel is a channel with project depths 0125 feet or over (mean low tide).
Procedures for Obtaining Authorization: Request for authorization must be sent to:
U.S. Army Corps of Engineer. Regulatory Branch, P.O. Box 1229 Galveston. Texas 77553 -(229
All applications shall notify the Corps prior to initiation of work in waters of the United Stated, including wetlands. The notification shall
include:
•
la) :\ completed and signed DA application (Fora) ENG 4345) stating the number attic regional General Permit under which the
work is to he conducted.
(b) A cop ■ of all Dt\ uuthorirati0ns previously issued fur the work area
3
(c) .A vicinity map. plan view, typical cross- section. and a description of the proposed method of construction. Drawings shall
include:
I) A vicinity map with the precise location of the project so that its geographic coordinates can be determined.
2) A top view (plan view) drawing showing the property, its owner(s), specific pipeline location, entry and exit
locations, any navigational channels in the immediate project vicinity and a separate plan showing the entire
pipeline route
3) A cross - section drawing with the entry and exit locations. burial depth of pipeline, and any navigational channels in
the immediate project vicinity.
Id) A statement that the work will he conducted in compliance with the terms and conditions or this general permit.
(e) .A statement of estimated start and completion dates.
1 Ipon receipt or this information. the District Engineer will advise the inquiring party in writing that the work is authorized under the general
permit, or will request additional information. if'needed. or will advise that the proposed activity will require a separate permit.
2d
Further Inlbrmation:
I. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section It/ of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). •
) Section 404 of the Clean Water Act (33 U.S.C. 1344).
t I Section 103 or the Marine Protection. Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
h. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit dues not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability In issuim, this permit, the Federal Government does not assume any liability [Or the following:
a. Damages w the permitted project or uses thercol as a 1'eSLIit of other permitted of uill)ermitted aLtlt itics 01 liUill natural CillISCS.
h. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalforthe United
States in the public interest.
e Damages to persons. property, or to other permitted or unpernlitted activities or structures caused by the activity authorized by this
permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification. suspension. or revocation or this permit.
4
•I. Reliance on Applicant's Data: the determination of this office that issuance of this permit is not contrary to the public interest as made in
reliance on the intimation you provided. •
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any lime the circumstances warrant. Circumstances
that could require a reevaluation include. but are not limited lo. the Ibilowin_:
a. You lid lo comply with the terms and conditions of this permit.
b. The inli rination provided by you in support of your permit application proves to have been false. incomplete. or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in
33 CFR 325.7 or enlimrcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide limn
the issuance of an administrative order requiring you to comply with the terms and conditions ofyour permit and for the initiation of legal action
where appropriate. You will be required to pay Ior any corrective measures ordered by this office. and il'you fail to comply with such directive.
this office may in certain situations (such as those specified in 33 C FR 209.170) accomplish the corrective measures by contract or otherwise and
bill you lin• the cost.
6 Extensions. General condition 1 establishes a forte limit Ibr the completion of the activity authorized by this permit. Unless there are
cirettnuuulces requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will
normally give favorable consideration to a request for an extension of this time limit.
•
Your signature betomn. as permittce. indicates that you accept and agree to comply with the terns and conditions ol'this permit.
I /6 - 31 - le
(PERAIII" I:) (DATE)
PERMI E .
•
This permit becomes effective Whe the Federal official. designated to net for the Secretary of the Array. has signed below.
. Cam_ _ r��/ 1
� -� .- r 7,
(E)ISrR.le' ' l:,vt: L: rl).-
CASEY CUTLER
CHIEF, POLICAY ANALYSIS SECTION ,
FOR COLONEL DAVID C. WESTON •
r77r• I:S'SVERl :Ei (DATE) •
•
APPENDIX "H"
CERTIFICATION OF BIDDER REGARDING SECTION 3 &
SEGREGATED FACILITIES
CERTIFICATION OF BIDDER REGARDING SECTION 3
AND SEGREGATED FACILTIES
Name of Prime Contractor
Project Name & Number
The undersigned hereby certifies that
(a) Section 3 provisions are included in the Contract
(b) A written Section 3 plan was prepared and submitted as part of the bid
proceedings (if bid equals or exceeds $10,000).
(c) No segregated facilities will be maintained.
Name
Name & Title of Signer (Print or Type)
Signature Date
APPENDIX H