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HomeMy WebLinkAboutPR 17952: PLACO CONTRACT • CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For SABINE PASS METERING FACILITY to Serve CITY OF PORT ARTHUR PORT ARTHUR, TEXAS (Non- Federeffy Funded Protect( JOB NO. CPA -890 CONTRACT NO. 1 CITY OF PORT ARTHUR Jefferson, TEXAS August 2013 TEXAS 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 SABINE PASS METERING FACILITY to Serve CITY OF PORT ARTHUR PORT ARTHUR, TEXAS [Non- Federally Funded Project] JOB NO. CPA -890 CONTRACT NO. 1 CITY OF PORT ARTHUR Jefferson, TEXAS August 2013 .re.) %%r ����ti�:�rryti * a ; �F KEESTAN K. COLE i . •v• � 114225 d Ri iVilmmo ;b''` °" f3 i p-/3 a TEXAS REGISTERED ENGINEERING FIRM F -30 ARCENEAUX & GATES CONSULTING ENGINEERS, INC. 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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 I. PAYMENT BOND J. PERFORMANCE BOND K. NOTICE OF AWARD L. NOTICE TO PROCEED M. INSURANCE N. TECHNICAL SPECIFICATIONS Item No. A2001 - Clearing and Grubbing Item No. A2002 - Site Grading Item No. A2003 - Structural Excavation and Backfill Item No. A3002 - Compacted Sand Fill Under Structures Item No. A3004 - Seeding CPA Non-Federally Funded Item No. B1001 - Concrete Item No. 81002 - . Metal for Structures Item No. B2002 - Metal Structures Item No. B3001 - Reinforcing Steel Item No. B3005 - Concrete Construction Item No. C3001 - Painting and Protective Coating • Item No. H1001 - Ductile Iron Pipe and Cast Iron and Ductile Iron Fittings Item No. J2002 - Well Point Item No. J2003 - Hydrostatic Testing of Pressure Lines Item No. J2009 - Disinfection of Water Line Item No. J3022 - Resilient Seated Gate Valves 4 -Inch Through 12 -Inch for Water Distribution Systems Item No. J3025 - Resilient Wedge Gate Valves 14 -Inch Through 36 -Inch for Water Distribution Systems APPENDICES APPENDIX A — Request for Time Extension APPENDIX B — Qualification Statement APPENDIX C — Owner Provided Materials CPA Non - Federally Funded ( ( SECTION A CONSTRUCTION CONTRACT AGREEMENT CONSTRUCTION CONTRACT AGREEMENT [Non - Federally Funded Projects] THIS AGREEMENT, made this day of 20 , by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWN ER" or "CITY" and a(n) [individual, firm, partnership or corporation) herein acting by and through hereinafter called "CONTRACTOR ". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the SABINE PASS METERING FACILITY 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 90 consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Construction Contract Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Scale (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Notice of Award (L) Notice to Proceed (M) Insurance A -1 (N) Specifications prepared or issued by Arceneaux & Gates Consulting Engineers, Inc., A Burrow Global Company dated August 2013 Drawings prepared by Arceneaux & Gates Consulting Engineers, Inc., A Burrow Global Company numbered 1 through 18 , dated August 2013 . Addenda: No. , dated ., 20 No. , dated , 20 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: CITY OF PORT ARTHUR BY: CONTRACTOR NAME: TITLE: BY: NAME: ADDRESS: [CORPORATE SEAL] ATTEST: NAME: A -2 sai8 VOA 1NVwas1.1 VIIAOd !i NOLL3ss CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed proposals, addressed to the CITY OF PORT ARTHUR, will be received at the office of the City Secretary located on the 4th Floor of City Hall, 444 4th Street, Port Arthur, Texas, until 3 :00 p.m. on Wednesday, September 25, 2013, and all bids received will thereafter be opened and read aloud at 3 :15 p.m. on Wednesday, September 25, 2013, at City of Port Arthur City Hall 444 4 Street, 5th Floor Council Chamber, Port Arthur, Texas, for the construction of SABINE PASS METERING FACILITY to Serve THE CITY OF PORT ARTHUR. Any bid received after closing time will be returned unopened. A Cashier's check, or Certified Check, payable without recourse to the order of the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas, in an amount not Tess than five percent (5 %) guarantee that, if awarded the Contract, the bidder will promptly enter into a Contract and execute Bond in the forms provided as outlined in the Specifications and instructions to Bidders. Copies of the PLANS AND SPECIFICATIONS and other CONTRACT DOCUMENTS 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. The following bonds, each in the amount of one hundred percent (100 %) of the Contract price, will be required in accordance with State law as follows: (1) a payment bond for any contract in excess of Fifty Thousand Dollars ($50,000.00); (2) a performance bond for any contract in excess of One Hundred Thousand Dollars ($100,000.00). Attention is called to the fact that this is a Contract for construction of public works and that there must be paid on same not Tess than the general prevailing wage rates which have been established by the City of Port Arthur, Texas, pursuant to Chapter 2258 of the Texas Government Code, as amended B -1 and which are set out in detail in the Contract Documents. The CONTRACTOR shall forfeit as a penalty, to the City of Port Arthur, Sixty Dollars ($60.00) for each laborer, workman or mechanic employed, for each calendar day, or portion thereof, if such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under this Contract. The Davis -Bacon Act* is applicable to this Contract, and the prevailing wage rates established pursuant to said Act are made a part of this Contract. A copy of such current wage schedule is included in the Contract Documents and any applicable change in such wage schedule shall be furnished and Equal Employment Opportunity requirements must be met. CONTRACTORS attention is also directed to the equal opportunity requirements of this Contract: Title VI, Sec. 3 and E.O. 11246. This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to Section 151.311 of the Tax Code made by Section 14.07 of Chapter 5 (House Bill No. 11), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non- consumable materials and equipment to qualify for resale to the City of Port Arthur and be exempt from sales tax, the contract and bids must comply with the following requirements. The bid and contract must separately identify: (1) the charges for non - consumable materials and equipment that are permanently incorporated into the project, and (2) charges for skill, labor and consumable materials, tools and equipment that are permanently incorporated into the project. Bidders are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the separated contract procedure. The City of Port Arthur will issue to the CONTRACTOR a specific exemption certificate for this Contract in order that he does not have to pay taxes on qualifying materials, equipment, or other tangible personal property purchased for and permanently incorporated into the City of Port Arthur realty in performing this Contract. The CONTRACTOR performing this contract must issue to his suppliers an exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City. Lump -sum contracts, in which the above referenced charges are not separated, do not qualify for the sales and use tax exemption. Attention is directed to the liquidated damages provision of this Contract (Paragraph No. 54 of the General Conditions) and the fact that rainy weather shall constitute justification for any delay in the time for completion only under certain conditions. B -2 This Contract is for a SABINE PASS METERING FACILITY project. Each project will be specified by the City of Port Arthur in a notice to proceed. Successful Bidder shall be required to attend Pre - Construction Conference. BIDDER IS CAUTIONED TO READ ALL CONTRACT DOCUMENTS BEFORE SUBMITTING BID, ESPECIALLY ITEM 18 (PRE -BID CONFERENCE) OF THE INFORMATION TO BIDDERS. ALL BIDDERS SHALL BE REQUIRED TO ATTEND THE MANDATORY PRE -BID CONFERENCE ON: Thursday, September 12, 2013 at 10:00 a.m. at the City of Port Arthur City Hall, 5 Floor Conference Room, 444 4th Street, Port Arthur, TX 77640. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. THE CITY OF PORT ARTHUR BY: /s/ Shawna Tubbs, CPPO,CPPB Purchasing Manager *Davis -Bacon Act is found at 40 U.S.C., § 276a et. seq. 1st Advertisement - September 1, 2013 2nd Advertisement - September 8, 2013 B -3 SH3aa1a 03 1. NO11VWNOdN1 3 N0110311 } INFORMATION TO BIDDERS The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in - compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items(if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent (5 %) Check or Cashier's Check payable without recourse to the Pleasure Island Commission, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60) days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the C -1 amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful Bidders will be returned; that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent (5 %) of the bid amount as liquidated damages without limitation. The OWNER, within ten (10) days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100 %) corporate surety duly authorized to do business in the State of Texas. Attorneys -in -fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney. 4. NOTICE TO PROCEED Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the ten (10) day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. C -2 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, Arceneaux & Gates Consulting Engineers, Inc., A Burrow Global Company, its officers, agents & employees). (City of Port Arthur and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products /completed operations coverage must be included, and City of Port Arthur, its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of $1,000,000 each person/$ 1,000,000 per occurrence for contracts in excess of $100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, e. Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. C -3 3. Comprehensive Automobile Liability (Including owned, non - owned and hired vehicles coverage). a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All -Risk Builder's Risk of the non - reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy C -4 1 specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non - consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non - consumable materials and equipment to qualify for resale to the Pleasure Island Commission and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for (1) non - consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill, labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required C -5 { to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non- Consumable Materials and Equipment ". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all. Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. C -6 10. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and Pleasure Island Commission holidays. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. C -7 16. RETAINAGE Ten percent (10 %), (five percent (5 %) if the total contract exceeds Twenty - five - Thousand Dollars [$25,000]) of the amount of each periodic progress payment shall be retained, by OWNER, until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. " 18. PRE -BID CONFERENCE Prospective bidders shall be required to attend the Pre -Bid Conference outlined in page C -9 of the Information To Bidders. Bids received from firms or individuals not listed on the roll of attendees of the Pre -Bid Conference will be rejected and returned unopened to the bidder. A MANDATORY PRE -BID CONFERENCE between the Engineer, Representatives of the Pleasure Island Commission, and prospective bidders will be held at: 10:00 a.m., on Thursday, September 12, 2013, at the City of Port Arthur City Hall 444 4 Street, 5th 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 MANDATORY PRE -BID CONFERENCE will be rejected and returned unopened to the Bidder. C -8 6 4- 66,4;44„.49.4.;''i' ii v • vi ,,, 1 • tiOlkOt,",,,oittgoi'"4 e_ 4 , 4:. :::44.1.401:. 1'64111: 49.1**1 4 1 41.41.1" * 4 ' . . ' . l' I i i It BID TO: CITY OF PORT ARTHUR 444 4' STREET P.O. BOX 1089 CITY OF PORT ARTHUR, TEXAS 77640 Proposal of (hereinafter called "BIDDER "), organized and existing under the laws of the State of , doing business as * , and acting by and through to the CITY OF PORT ARTHUR, Port Arthur, Texas (hereinafter called "OWNER "). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of SABINE PASS METERING FACILITY, 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 90 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of 500 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 51 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: *Insert "a corporation," "a partnership," or "an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: D -1 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount BID SCHEDULE BASE BID ITEMS Install (2) New 12" Krohne Optiflux 2100 Mag Meters, (2) New 10" Sensus Omni F2 Meters, (2) New 10" Watts 994 RPZ's, (1) New 16" Flanged ductile iron tee, (2) New 16" Flanged ductile iron 90deg bends, (2) New 16"x12" Flanged ductile iron reducers, (2) New 12"x10" Flanged ductile iron reducers, (2) New 12" x 5' -0" Flange x Flange ductile iron spool pieces, (2) New 12" x 2' -0" Flange x Flange ductile iron spool pieces, (2) New 10" x 2' -0" Flange x Flange spool pieces, (1) 12" Flanged ductile iron 90deg bend, (1) 12" gate valve. Furnish and Install (3) new 12" Rising Stem Resilient seated gate valve, (1) New 12" blind flange, (2) New 12" x 10" Class 350 ductile iron reducers, (2) New 12" x 1. 1 L.S. 3' -0" Class 350 ductile iron spool pieces, $ $ (3) New 12 "x12 "x12" Class 350 ductile iron tees, (1) New 12" x 3' -3" Class 350 ductile iron spool piece, (1) New 12" x 3'- 7 1/2" Class 350 ductile iron spool piece, (1) New 12" x 6' -3" Class 350 ductile iron spool piece, including but not limited to concrete foundation, elevated steel platform, metal fencing, electrical enclosures, wiring, switches and all associated electrical accessories shown on the plans provided. A detailed list has been provided in Appendix C indicating all pipe material, fittings, accessories and meters that will be provided by the owner. Per Lump Sum TOTAL AMOUNT BID $ D -2 SUBSTITUTIONS 1. (Add) (Deduct) $ 2. (Add) (Deduct) $ Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID with Substitution(s) or TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the OWNER. The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the Contractor. Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure payment for all labor and materials. The bid security attached, without endorsement, in the sum of no less than five percent (5 %) of the amount bid, is to become the property of THE CITY OF PORT ARTHUR, TEXAS, in the event the contract and bonds are not executed within the time above set forth, as liquidated damages without limitation. Respectfully submitted: (NAME OF CONTRACTOR) (ADDRESS) BY: (TELEPHONE NUMBER) TITLE: (LICENSE NUMBER IF APPLICABLE) DATE: Wednesday, September 25, 2013 D -3 (SEAL, IF BIDDER IS A CORPORATION) (ATTEST) CITY OF PORT ARHTUR EXCEPTION / APPROVED EQUAL REQUEST [Please submit this form for each exception /approved equal] VENDOR: TELEFAX: PROJECT: PAGE: of PARAGRAPH: SUBJECT: REQUEST: Signature FOR CITY OF PORT ARTHUR USE ONLY APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR REP D -4 BID OPENING DATE: Wednesday, September 25, 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 ADDRESS CITY /STATE /ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY /STATE /ZIP TAX IDENTIFICATION NUMBER: D -5 AFFIDAVIT [RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL] 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 agree 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 agree 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: TITLE: ADDRESS: CITY /STATE /ZIP: TELEPHONE NUMBER: SIGNATURE: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public in and for the State of Signature My Commission Expires: D -6 3 NOLL33S { BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 20 The Condition of the above obligation is such that whereas the Principal has submitted to a certain BI D, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. E -1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. (L.S.) PRINCIPAL SURETY BY: IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. E -2 SNOLLIONO3 1VS3N30 N01.L0]S 1 NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause 4. Personnel 5. Reports and Information 6. Records and Audits 7. Findings Confidential 8. Copyright 9. Compliance with Laws 10. Interest of Members of Pleasure Island Commission 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 17. Materials, Services and Facilities 18. CONTRACTOR'S Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. CONTRACTOR'S Obligations 24. Insurance 25. Certification of Compliance with Air and Water Acts F -1 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 27. Suspension of Work 28. National Historic Preservation Act of 1966 29. Required Provisions Deemed Inserted 30. Safety and Health Regulations for Construction 31. Use and Occupancy Prior to Acceptance by Owner 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Lands and Rights -of -Way 35. Conflicting Conditions in Contract Documents 36. Notice and Service Thereof 37. Separate Contract 38. Subcontracting 39. Architect/Engineer's Authority 40. Meaning of Intent 41. Contract Security 42. Additional or Substitute Bond 43. Assignments 44. Mutual Responsibility of CONTRACTOR'S 45. Acceptance of Final Payment Constitutes Release 46. Payments by Contractor 47. Construction Schedule and Periodic Estimates 48. Payments to Contractor 49. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work F -2 53. Extras 54. Time for Completion and Liquidated Damages 55. Weather Conditions 56. Protection of Work and Property -- Emergency 57. Inspection 58. Superintendent by Contractor 59. Federal Labor Standards Provisions 60. Underpayments of Wages or Salaries 61. Anticipated Costs of Fringe Benefits 62. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357 -360; Title 40 U.S.C., Sections 327 -332 63. Employment of Apprentices/Trainees 64. Employment of Certain Persons Prohibited 65. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision 66. Fringe Benefits Not Expressed as Hourly Wage Rates 67. Posting Wage Determination Decisions and Authorized Wage Deductions 68. Complaints, Proceedings or Testimony by Employees 69. Claims and Disputes Pertaining to Wage Rates 70. Questions Concerning Certain Federal Statutes and Regulations 71. Payrolls and Basic Payroll Records of Contractor and Subcontractors 72. Specific Coverage of Certain Types of Work by Employees 73. Ineligible Subcontractors 74. Provisions to be Included in Certain Subcontracts 75. Breach of Foregoing Federal Labor Standards Provisions 76. Employment Practices 77. Contract Termination; Debarment 78. Kickbacks from Public Works Employees 79. Labor -Title 29 CFR Part 3 F -3 80. Weekly Statement with Respect to Payment of Wages 81. Submission of Weekly Statements and the Preservation and Inspection of Weekly Payroll Records 82. Payroll Deductions Permissible without Application to or Approval of the Secretary of Labor 83. Payroll Deductions Permissible with the Approval of the Secretary of Labor 84. Applications for the Approval of the Secretary of Labor 85. Section 3.8 Action by the Secretary of Labor upon Applications 86. Prohibited Payroll Deductions 87. Methods of Payment of Wages 88. Regulations Part of Contract 89. Equal Opportunity Provisions (E.O. 11246) 90. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities 91. Civil Rights Act of 1964 92. Section 109 of the Housing and Community Development Act of 1974 93. Indemnification 94. Delays 95. Maintenance of Work 96. Antitrust 97. Federal Labor Standards Provisions 98. Delay, Disruption and/or Other Claims F -4 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR ": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Subcontractor ": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at) the Project ": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER ": Refers to the City of Port Arthur, Port Arthur, Texas. e. "CITY OF PORT ARTHUR ": Refers to the City of Port Arthur, Port Arthur, Texas. f. "ENGINEER ": A person, firm, or corporation with whom CITY OF PORT ARTHUR has contracted for design and construction services of Project Work. 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the PLEASURE ISLAND COMMISSION, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work F -5 satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set -off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three (3) years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. F -6 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. F -7 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval F -8 given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS a. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the OWNER. The OWNER will pay for all laboratory inspection service direct, and not as a part of the Contract. b. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with Specifications and suitability for uses intended. F -9 20. "OR EQUAL" CLAUSE • Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. c. If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, F -10 erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved.(See information to Bidders, paragraph 5.) 25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00.) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTOR'S and Subcontractors shall furnish to the OWNER the following: a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended(42 U.S.C. 1857c -8) and Section 308 of the Federal Water Pollution Act, as amended (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. A stipulation that, as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the CONTRACTOR that he will include, or cause to be included, the criteria and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION F -11 a. Lead -Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead -base paint hazards under subpart B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found and/or ' unearthed during the course of project construction and to consult with the State Historic F -12 Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 29. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake 'or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract, the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 32. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the F -13 site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 33. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 34. LAND AND RIGHTS -OF -WAY Prior to the start of construction, the OWNER shall obtain all lands and rights -of -way necessary for the carrying out and completion of work to be performed under this CONTRACT. 35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds (if any), Proposal, Special Conditions (including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. F -14 37. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTOR'S. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTOR'S and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTOR'S. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 38. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. 39. ARCHITECT/ENGINEERS AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. F -15 40. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 41. CONTRACT SECURITY If the Contract amount exceeds Twenty -five Thousand Dollars ($25,000), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars($100,000.00)a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent(100 %)than that prescribed by state, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 42. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 43. ASSIGNMENTS The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 44. MUTUAL RESPONSIBILITY OF CONTRACTOR'S If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. F -16 45. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 46. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay (a) for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools . and other expendable equipment to the extent of ninety percent (90 %) cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c) to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest • therein. 47. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that ' will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 48. PAYMENTS TO CONTRACTOR a. Not later than the twentieth(20) day of each calendar month, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10 %) (five percent [5 %] if the total contract price exceeds $25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated F -17 separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the Pleasure Island Commission Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer (ten)10 working days prior to the next scheduled Pleasure Island Commission Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced F -18 and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and /or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and /or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed F -19 • fifteen percent (15 %) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed ". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and Pleasure Island Commission holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost F -20 when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. It is also agreed that for each five(5) regular days of work lost due to any of the foregoing reasons, seven(7) calendar days will be added to the contract time(or 1.4 calendar days added for each one(1) regular day of work lost) Fractional calendar days will be rounded to the nearest whole number of days. Provided, further, that the CONTRACTOR shall, within ten (10) days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. F -21 56. PROTECTION OF WORK AND PROPERTY -- EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. 57. INSPECTION The authorized representatives and agents of the shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59. FEDERAL LABOR STANDARDS PROVISIONS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti - Kickback Act hereinafter identified) the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by reference), regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose of this clause, F -22 contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also, for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under Plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 60. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wage determination. 61. ANTICIPATED COSTS OF FRINGE BENEFITS If the CONTRACTOR does not make payments to a trustee or other third person, he may consider, as part of the wages of any laborer or mechanic, the amount of any costs reasonable anticipated in providing fringe benefits under a Plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the CONTRACTOR must be submitted to the OWNER with the first payroll filed by the CONTRACTOR subsequent to receipt of the findings. 62. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357 -360: TITLE 40 U.S.C., SECTIONS 327 -332 a. Overtime Requirements: No CONTRACTOR or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one -half times his basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation - Liability for Unpaid Wages Liquidated Damages: In the event of any violation of the clause set forth in paragraph (a), the CONTRACTOR and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such CONTRACTOR and Subcontractor shall be liable to the United States for F -23 liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of Ten Dollars ($10.00) for each calendar day on which such employee was required or permitted to work in excess of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (a). c. Withholding for Liquidated Damages: The OWNER shall withhold or cause to be withheld from any monies payable on account of work performed by the CONTRACTOR or Subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such CONTRACTOR or Subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). d. Subcontracts: The CONTRACTOR shall insert in any Subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts which they may enter into, together with a clause requiring this insertion in any further Subcontracts that may in turn be made. 63. EMPLOYMENT OF APPRENTICES/TRAINEES a. Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to . journeymen in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. b. Trainees: Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every F -24 trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate, who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training, shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is provided. c. Equal Employment Opportunity: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order No. 11246, as amended, and 29 CFR Part 30. 64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 65. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Unlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (ii). 66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the OWNER, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 67. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions, with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. F -25 68. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 69. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 70. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 71. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls of the CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2) (B) of the Davis -Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is F -26 financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and will maintain records which show the costs anticipated or the actual cost incurred in providing such benefits. The CONTRACTOR and each Sub - contractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the OWNER and the United States Department of Labor. Such representatives shall be permitted to interview employees of the CONTRACTOR or of any Subcontractors during working hours on the job. 72. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the project or program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which these Federal Labor Standards Provisions are applicable. 73. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. The OWNER will not approve any Subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Secretary of Housing and Urban Development to receive an award of such Subcontract. 74. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontracts which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 75. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontract covers any of the work covered by this Contract, shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. F -27 76. EMPLOYMENT PRACTICES The CONTRACTOR (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction Subcontract. 77. CONTRACT TERMINATION; DEBARMENT A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract and for debarment as provided in 29 CFR 5.6. 78. KICKBACKS FROM PUBLIC WORKS EMPLOYEES a. Whoever, by force, intimidation or threat of procuring dismissal from employment or by any other manner whatsoever, induces any person employed in the construction, prosecution, completion or repair of any public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under this Contract of employment, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. b. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S and Subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each Contractor and Subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. c. Pursuant to the aforesaid Anti- Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part ", as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations follow in Section 79. 79. LABOR -TITLE 29 CFR PART 3 This part prescribes "Anti- Kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any Contract which is subject to federal wage standards and which is for the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. This part is intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with federally- assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g. the College Housing Act of F -28 1950, the Federal Water Pollution Control Act and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. This part details the obligation of CONTRACTOR'S and Subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby, sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work and delineates the methods of payment permissible on such work. Section 3.2 definitions as used in this part: a. The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing or materials or servicing and maintenance work. The terms include without limitation, buildings, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies or equipment (whether or not a federal or state agency acquires title to such materials, articles, supplies or equipment during the course of the manufacture or furnishing or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. b. The terms "construction ", "prosecution ", "completion" or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work by persons employed at the site by the CONTRACTOR or Subcontractor. c. The terms "public building" or "public work" include building or work for whose construction, prosecution, completion or repair, as defined above, a federal agency is a contracting party, regardless of whether title thereof is in a federal agency. d. The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution completion or repair, as defined as above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a federal agency. The term does not include building or work for which federal assistance is limited solely to loan guarantees or insurance. e. Every person paid by a CONTRACTOR or Subcontractor in any manner for his labor in the construction, prosecution, completion or repair of any public buildings, or public works or buildings or works financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages ", regardless of any contractual relationship alleged to exist between him and the real employer. F -29 f. The term "any affiliated person" includes a spouse, child, parent or other close relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR or Subcontractor; a corporation closely connected with the CONTRACTOR or Subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. g. The term "federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock which is beneficially owned by the United States, by the District of Columbia or any of the foregoing departments, establishments, agencies and instrumentalities. 80. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES a. As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. b. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution, completion or repair of any public buildings, or public works, or buildings or works financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the CONTRACTOR or Subcontractor or by an authorized officer or employee of the CONTRACTOR or Subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance ", or on identical form on the back of WH 347, "Payroll (for CONTRACTOR'S Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the government contracting or sponsoring agency and copies of these forms may be purchased at the Government Printing Office. c. The requirements of this section shall not apply to any Contract for Two Thousand Dollars ($2,000) or less. • d. Upon a written finding by the head of a federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. 81. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS a. Each weekly statement required under § 3.3 shall be delivered by the CONTRACTOR or Subcontractor, within seven (7) days after the regular payment date of the payroll period, to a representative of OWNER in charge at the site of the building or work or, if there is no representative of OWNER at the site of the building or work, the statement shall be mailed by the CONTRACTOR or Subcontractor, within such time, to the OWNER. After such F -30 examination and check as may be made, such statement, or a copy thereof, shall be kept available and shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. b. Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records for a period of three (3) years from date of completion of the Contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative and by authorized representatives of the Department of Labor. 82. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE SECRETARY OF LABOR Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. a. Any deduction made in compliance with the requirements of federal, state or local law, such as federal or state withholding income taxes and federal social security taxes. b. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. c. Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the CONTRACTOR, Subcontractor or any affiliated person, or when collusion or collaboration exists. d. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) the deduction is not otherwise prohibited by law; (2) it is either (i) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained directly or indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in the form of commission, dividend or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. F -31 e. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. f. Any deduction requested by the employee to enable him to repay loans to, or to purchase shares in credit unions organized and operated in accordance with federal and state credit union statutes. g. Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agencies such as the American Red Cross. h. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds and similar charitable organizations. i. Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. j. Any deduction not more than for the "reasonable cost" of board, lodging or other facilities meeting the requirements of Section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made, the additional records required under § 516.27(a) of this title shall be kept. 83. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE SECRETARY OF LABOR Any CONTRACTOR or Subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under §3.5. The Secretary may grant permission whenever he finds that: a. The CONTRACTOR, Subcontractor or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend or otherwise; b. The deduction is not otherwise prohibited by law; c. The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining • agreement between the CONTRACTOR or Subcontractor and representatives of its employees; and d. The deduction serves the convenience and interest of the employee. F -32 84. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR Any application for the making of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: a. The application shall be in writing and shall be addressed to the Secretary of Labor. b. The application shall identify the Contract or Contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified Contracts, except upon a showing of exceptional circumstances. c. The application shall state affirmatively that there is compliance with the standards set forth in the provisions of §3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. d. The application shall include a description of the proposed deduction, the purpose to be served thereby and the classes of laborers or mechanics from whose wages the proposed deduction would be made. e. The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. 85. SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of §3.6 and shall notify the applicant in writing of his decision. 86. PROHIBITED PAYROLL DEDUCTIONS Deductions not elsewhere provided for by this part and which are not found to be permissible under §3.6 are prohibited. 87. METHODS OF PAYMENT OF WAGES The payment of wages shall be by cash, negotiable instruments payable on demand or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. 88. REGULATIONS PART OF CONTRACT All Contracts made with respect to the construction, prosecution, completion or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the CONTRACTOR or Subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see §5.5(a) of this subtitle. F -33 89. EQUAL OPPORTUNITY PROVISIONS (E.O. 11246) A. Activities and Contracts Subject to Executive Order 11246, as Amended (applicable to federally- assisted construction contracts and related subcontracts under Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. F -33 (2) The CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided Contracting Officer setting forth the provisions of this nondiscrimination clause. The CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) CONTRACTOR'S shall incorporate foregoing requirements in all Subcontracts. B. Contracts Subject to Executive Order 11246, as Amended (applicable to federally- assisted construction contracts and related subcontracts exceeding Ten Thousand Dollars($ 10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for Employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the CONTRACTOR'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. F -34 (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the CONTRACTOR'S noncompliance with the non- discrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government CONTRACTOR'S or federally assisted construction Contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (1) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any Subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontract or vendor as a result of such direction by the Department, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (applicable to contracts /subcontracts exceeding Ten Thousand Dollars ($10,000)): (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (2) The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Timetable Goals for Female Participation for Participation in F -35 Each Trade - 8% Each Trade - 8% These goals are applicable to all the CONTRACTOR'S construction work (whether or not it is federal or federally assisted) performed in the covered area. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. (3) The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the geographical area in which the Contract is to be performed. (4) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is City of Port Arthur, Jefferson County, Texas. D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): (1) As used in these Specifications: (a) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (d) "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); F -36 (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Whenever the CONTRACTOR, or any subcontractor at any tier, Subcontracts a portion of the work involving any construction trade, it shall physically included in each Subcontract in excess of $10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. (2) If the CONTRACTOR is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. CONTRACTOR'S must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each CONTRACTOR or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other CONTRACTOR'S or Subcontractors toward a goal in an approved Plan does not excuse any covered CONTRACTOR'S or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. (4) The CONTRACTOR shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these Specifications. The goals set forth in the solicitation from which the Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the CONTRACTOR should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered construction CONTRACTOR'S performing construction work in geographical areas where they do not have a federal or federally assisted construction Contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Procurement Contracting Officers. The CONTRACTOR is expected to make substantially uniform progress toward its goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the CONTRACTOR has a collective bargaining agreement to refer either minorities or women shall excuse the CONTRACTOR'S obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. F -37 (6) In order for the non - working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The CONTRACTOR shall take specific affirmative actions to ensure equal opportunity. The evaluation of the CONTRACTOR'S compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION steps at least as extensive as the following: • (a) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the CONTRACTOR'S employees are assigned to work. The CONTRACTOR, where possible, will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foremen, superintendents and other on -site supervisory personnel are aware of and carry out the CONTRACTOR'S obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available and maintain a record of the organizations responses. c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken. d) Provide immediate written notifications to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR'S efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR'S employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 7b above. F -38 (f) Disseminate the CONTRACTOR'S EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (h) Disseminate the CONTRACTOR'S EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the CONTRACTOR'S EEO policy with other CONTRACTOR'S and Subcontractors with whom the CONTRACTOR does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR'S recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CONTRACTOR'S work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR'S obligations under the Specifications are being carried out. F -39 (n) Ensure that all facilities and company activities are non - segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for Subcontracts from minority and female construction CONTRACTOR'S and suppliers, including circulation of solicitations to minority and female CONTRACTOR associations and other business associations. (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR'S EEO policies and affirmative action obligations. (8) CONTRACTOR'S are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a though 7p). The efforts of a CONTRACTOR association, joint CONTRACTOR - union, CONTRACTOR - community or other similar group of which the CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through '7p of these Specifications provided that the CONTRACTOR actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTOR'S minority and female work force participation, makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the CONTRACTOR. The obligation shall not be a defense for the CONTRACTOR'S non - compliance. (9) A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the CONTRACTOR has achieved its goals for women generally, the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is under utilized). (10) The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin. (11) The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from government Contracts pursuant to Executive Order 11246. (12) The CONTRACTOR shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing Subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such sanctions F -40 and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. (13) The CONTRACTOR, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations or these Specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. (14) The CONTRACTOR shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, CONTRACTOR'S shall not be required to maintain separate records. (15) Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 90. SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING,EMPLOYMENT AND BUSINESS OPPORTUNITIES During the performance of this Contract, the CONTRACTOR agrees as follows: a. The CONTRACTOR agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135 and any applicable rules and orders of HUD issued thereunder. b. The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract Documents ". c. CONTRACTOR'S shall incorporate the Section 3 clause shown below and the foregoing requirements in all Subcontracts. d. Section 3 clause as set forth in 24 CFR 135.20(b): (1) The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban F -41 Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and Contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The CONTRACTOR will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The CONTRACTOR will include this Section 3 clause in every Subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any Subcontract unless the Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the applicant or recipient, or its CONTRACTOR'S and Subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 91. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the Pleasure Island Commission. F -42 92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 93. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits, judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property(other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 94. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY OF PORT ARTHUR to provide information or material, if any, which is to be furnished by the CITY OF PORT ARTHUR. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City of Port Arthur Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 95. MAINTENANCE OF WORK F -43 If, after approval of final payment and prior to expiration of one(1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under paragraph 14 (Guarantee of Work)in any respect whatsoever, including the time period of such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State of Texas and such Paragraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 14. 96. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). F -44 97. FEDERAL LABOR STANDARDS PROVISIONS Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work times by the contractor and its sub - contractors at covered by his contract pertains is being assisted by the the site of the work in a prominent and accessible, United States of America and the following Federal place where it can be easily seen by the workers. Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal (II) (a) Any class of laborers or mechanics which is assistance. not listed in the wage determination and which is to be employed under the contract shall be classified A. 1. (i) Minimum Wages. All laborers and mechanics in conformance with the wage determination. employed or working upon the site of the work (or under HUD shall approve an additional classification and the United States Housing Act of 1937 or under the wage rate and fringe benefits therefore only when Housing Act of 1949 in the construction or development the following criteria have been met: of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll (1) The work to be performed by the classification deductions as are permitted by regulations issued by the requested is not performed by a classification in the Secretary of Labor under the Copeland Act. (29 CFR wage determination; and Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof @ due at time of (2) The classification is utilized in the area by the payment computed at rates not less than those contained construction industry; and in the wage determination of the Secretary of Labor which is attached hereto and made a part thereof, (3) The proposed wage rate, including any bona fide regardless of any contractual relationship which may be fringe benefits, bears a reasonable relationship to the alleged to exist between the contractor and such laborers wage rates contained in the wage determination. and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section (b) If the contractor and the laborers and mechanics to be 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or employed in the classification (if known), or their mechanics, subject to the provisions of 29 CFR- representatives, and HUD or its designee agree on 5.5(a)(1)(iv); also, regular contributions made or costs the classification and wage rate (including the incurred for more than a weekly period (but not less amount designated for fringe benefits where often than quarterly) under plans, funds, or programs, appropriate), a report of the action taken shall be which cover the particular weekly period, are deemed to sent by HUD or its designee to the Administrator of be constructively made or incurred during such weekly the Wage and Hour Division, Employment period. Standards Administration, U.S. Department of Such laborers and mechanics shall be paid the Labor, Washington, D.C. 20210. The appropriate wage rate and fringe benefits on the Administrator, or an authorized representative, will wage determination for the classification of work approve, modify, or disapprove every additional classification performed without regard to skill, except fication action within 30 days of receipt and as provided in 29 CFR Part 5.5(a)(4). Laborers or so advise HUD or its designee or will notify HUD mechanics performing work in more than one or its designee within the 30 day period that classification may be compensated at the rate additional time is necessary. (Approved by the specified for each classification for the time Office of Management and Budget under OMB actually worked therein: Provided, that the control number 1215-0140.) employer's payroll records accurately set forth the (c) In the event the contractor, the laborers or mechanics time spent in each classification in which work is to be employed in the classification or their performed. The wage determination (including any representatives, and HUD or its designee do not additional classification and wage rates conformed agree on the proposed classification and wage rate under 29 CFR Part 5.5(a)(1)(ii) and the Davis - Bacon poster (WH -1321) shall be posted at all (including the amount designated for fringe benefits, where appropriate), HUD or its designee F -45 shall refer the questions, including the views of all of 1937 or under the Housing Act of 1949 in the interested parties and the recommendation of HUD construction or development of the project), all or or its designee, to the Administrator for part of the wages required by the contract, HUD or determination. The Administrator, or an authorized its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such representative, will issue a determination within 30 action as may be necessary to cause the suspension days of receipt and so advise HUD or its designee of any further payment, advance, or guarantee of or will notify HUD or its designee within the 30- funds until such violations have ceased. HUD or its day period that additional time is necessary. designee may, after written notice to the contractor, (Approved by the Office of Management and disburse such amounts withheld for and on account Budget under OMB Control Number 1215- 0140.) of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller (d) The Wage rate (including fringe benefits where General shall make such disbursements in the case of direct Davis -Bacon Act contracts. appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all 3. (i) Payrolls and basic records. Payrolls and basic workers performing work in the classification records relating thereto shall be maintained by the under this contract from the first day on which contractor during the course of the work preserved work is performed in the classification. for a period of three years thereafter for all laborers (III) Whenever the minimum wage rate prescribed and mechanics working at the site of the work (or In the contract for a class of laborers or mechanics under the United States Housing Act of 1937, or includes a fringe benefit which is not expressed as under the Housing Act. Of 1949, in the an hourly rate, the contractor shall either pay the construction or development of the project). Such benefit as stated in the wage determination or shall records shall contain the name, address, and social pay another bona fide fringe benefit or an hourly security number of each such worker, his or her cash equivalent thereof. correct classification, hourly rates of wages paid (including rates of contribution or costs anticipated (iv) If the contractor does not make payments to a for bona fide fringe benefits or cash equivalents trustee or other third person, the contractor may thereof of the types described in Section (b)(2)(B) consider as part of the wages of any laborer or of the Davis -bacon Act), daily and weekly number mechanic the amount of any costs reasonably of hours worked, deductions made and actual anticipated in providing bona fide fringe benefits wages paid. Whenever the Secretary of Labor has under a plan or program, Provided, That the found under 29 CFR 5.5 (a)(1)(iv) that the wages Secretary of Labor has found, upon the written of any laborer or mechanic include the amount of request of the contractor, that the applicable any costs reasonably anticipated in providing standards of the Davis Bacon Act have been met. benefits under a plan or program described in The Secretary of Labor may require the contractor Section 1(b)(2)(B) of the Davis -Bacon Act, the to set aside in a separate account assets for the contractor shall maintain records which show that meeting of obligations under the plan or program. the commitment to provide such benefits is (Approved by the Office of Management and enforceable, that the plan or program is financially Budget under OMB Control Number 1215- 0140.) responsible, and that the plan or program has been communicated in writing to the laborers or 2. Withholding. HUD or its designee shall upon its mechanics affected, and records which show the own action or upon written request of an authorized costs anticipated or the actual cost incurred in representative of the Department of Labor withhold providing such benefits. Contractors employing or cause to be withheld from the contractor under apprentices or trainees under approved programs this contract or any other Federal contract with the shall maintain written evidence of the registration same prime contractor, or any other Federally- of apprenticeship programs and certification of assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime trainee programs, the registration of the apprentices contractor so much of the accrued payments or and trainees, and the ratios and wage rates advances as may be considered necessary to pay described in the applicable programs. (Approved laborers and mechanics, including apprentices, by the Office of Management and Budget under trainees and helpers, employed by the contractor or OMB Control Numbers 1215 -0140 and any subcontractor the full amount of wages required 121500017.) by the contractor in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site (ii) (a) The contractor shall submit weekly for each of the work (or under the United States Housing Act week in which any contract work is performed a F -46 copy of all payrolls to HUD or its designee if the or criminal prosecution under Section 1001 of Title agency is a party to the contract, but if the agency 18 and Section 231 of Title 31 of the United States is not such a party, the contractor will submit the Code. payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its (iii) The contractor or subcontractor shall make the designee. The payrolls submitted shall set out records required under paragraph A.3.(I) of this accrately and completely all of the information section available for inspection, copying, or required to be maintained under 29 CFR Part transcription by authorized representatives of HUD 5.5(a)(3)(I). This information may be submitted in or its designee or the Department of Labor, and any form desired. Optional Form WH -347 is shall permit such representatives to interview available for this purpose and may be purchased employees during working hours on the job. If the from the Superintendent of Documents (Federal contractor or subcontractor fails to submit the Stock Number 029 - 005- 00014 -1), U.S. required records or to make them available, HUD Government Printing Office, Washington, DC. or its designee may, after written notice to the 20402. The prime contractor is responsible for the contractor, sponsor, applicant or owner, take such submission of copies of payrolls by all action as may be necessary to cause the suspension subcontractors. (Approved by the Office of of any further payment advance, or guarantee of Management and Budget under OMB Control funds. Furthermore failure to submit the required Number 1215- 0149.) records upon request or to make such records available maybe grounds for debarment action (b) Each payroll submitted shall be accompanied by a pursuant to 29 CFR Part 5.12. "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who (Apprentices and Trainees) pays or supervises the payment of the persons employed under the contract and shall certify the (5) Apprentices. Apprentices will be permitted to work following: at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program (1) That the payroll for the payroll period contains the registered with the U.S. Department of Labor, Employment information required to be maintained under 29 and Training Administration, Bureau of Apprenticeship and CFR Part 5.5(a)(3)(i) and that such information is Training, or with a State apprenticeship Agency recognized correct and complete; by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an (2) That each laborer or mechanic (including each apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of helper, apprentice, and trainee) employed on the Apprenticeship and Training or a State Apprenticeship contract during the payroll period has been paid the Agency (where appropriate) to be eligible for probationary full weekly wages earned, without rebate, either employment as an apprentice. The allowable ratio of directly or indirectly, and that no deductions have apprentices to journeymen on the job site in any craft been made either directly or indirectly from the full classification shall not be greater than the ratio permitted to wages earned, other than permissible deductions as the contractor as to the entire work force under the registered set forth in 29 CFR Part 3; program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage (3) That each laborer or mechanic has been paid not rate on the wage determination for the classification of work less than the applicable wage rates and fringe actually performed. In addition, any apprentice performing benefits or cash equivalents for the classification work on the job site in excess of the ratio permitted under the of work performed, as specified in the applicable registered program shall be paid not less than the applicable wage determination incorporated into the contract. wage rate on the wage determination for the actually performed. Where a contractor is performing construction on (4) The weekly submission of a properly executed a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages certification set forth on the reverse side of Optional of the journeyman's hourly rate) specified in the contractor's Form WH -347 shall satisfy the requirement for or subcontractor's registered program shall be observed. submission of the "Statement of Compliance" Every apprentice must be paid at not less than the rate required by paragraph A.3.(ii)(b) of this section. specified in the registered program for the apprentice's level of progress expressed as a percentage of the journeymen (d) The falsification of any of the above certifications hourly rate specified in benefits in accordance with the may subject the contractor or subcontractor to civil provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, the F -47 wage determination for the applicable classification. If the 6. Subcontracts. The contractor or subcontractor will Administrator determines that a different practice prevails for insert in any subcontracts the clauses contained in 29 the applicable apprentice classification, fringes shall be paid CFR 5.5(a)(1) through (10) and such other clauses as in accordance with the determination. In the event the HUD or its designee may be appropriate instructions Bureau of Apprenticeship and Training, or a State require, and also a clause requiring the subcontractors to Apprenticeship Agency recognized by the Bureau, withdraws include these clauses in any lower tier subcontracts. The approval of an apprenticeship program, the contractor will no prime contractor shall be responsible for the compliance longer be permitted to utilize apprentices at less than the by any subcontractor or lower tier subcontractor with all applicable predetermined rate for the work performed until an the contract clauses in 29 CFR Part 5.5. acceptable program is approved. 7. Contract termination; debarment. A breach of the (ii) Trainees. Except as provided in 29 CFR 5.16, contract clauses in 29 CFR 5.5 may be grounds for trainees will not be permitted to work at less than termination of the contract and for debarment as a the predetermined rate for the work performed unless they are employed pursuant to and contractor and a subcontractor as provided in 29 CFR individually registered in a program which has 5.12. received prior approval, evidenced by formal certification by the U.S. Department of Labor, 8. Compliance with Davis -Bacon and Related Act Employment and Training Administration. The Requirements. All rulings and interpretations of the ratio of trainees to journeymen on the job site shall Davis -Bacon and Related Acts contained in 29 CFR not be greater than permitted under the plan Parts 1, 3, and 5 are herein incorporated by reference in approved by the Employment and Training this contract. Administration. Every trainee must be paid at not less than the rate specified in the approved program 9. Disputes concerning labor standards. Disputes arising for the trainee' s level of progress, expressed as a out of the labor standards provisions of this contract percentage of the journeyman hourly rate specified shall not be subject to the general disputes clauses of in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the this contract. Such disputes shall be resolved in provisions of the trainee program. If the trainee accordance with the procedures of the Department of program does not mention fringe benefits, trainees Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes shall be paid the full amount of fringe benefits within the meaning of this clause include disputes listed on the wage determination unless the between the contractor (or any of its subcontractors) and Administrator of the Wage and Hour Division HUD or its designee, the U.S. Department of Labor, or determines that there is an apprenticeship program associated with the corresponding journeyman the employees or their representatives. wage rate on the wage determination which provides for less than full fringe benefits for 10. (i) Certification of Eligibility. By entering into this apprentices. Any employee listed on the payroll at contract the contractor certifies that neither it (nor he or a trainee rte who is not registered and participating she) nor any person or firm who has an interest in the in a training plan approved by the Employment and contractor's firm is a person or firm ineligible to be Training Administration shall be paid not less than awarded Government contracts by virtue of Section 3(a) the applicable wage rate on the wage determination of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be for the work actually performed. In addition, any awarded HUD contracts or participate in HUD programs trainee performing work on the job site in excess of pursuant to 24 CFR Part 24. the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually (ii) No part of this contract shall be subcontracted to or performed. In the event the Employment and firm ineligible for award of a Government contract by virtue Training Administration withdraws approval of a of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) training program the contractor will no longer be or to be awarded HUD contracts or participate in HUD permitted to utilize trainees at less than the programs pursuant to 24 CFR Part 24. applicable predetermined rate for the work performed until an acceptable program is approved. Equal employment opportunity. The utilization of (iii) The penalty for making false statements is prescribed in (ii ) E q p y ment pp y the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. apprentices, trainees and journeymen under this part shall be in conformity with the equal Criminal Code, Section 1 01 0, Title 18, U.S.C. "Federal employment requirements of Executive Order Housing Administration transaction ", provides in in part: 11246, as amended, and 29 CFR Part 30. "Whoever, for the purpose of ... influencing in any way the 5. Compliance with Copeland Act requirements. The action of such Administration makes, utters or publishers contractor shall comply with the requirements of 29 any statement knowing the same to be false..... shall be fined CFR Part 3 which are incorporated by reference in not more than $5,000 or imprisoned not more than two years, this contract. or both." F -48 (3) Withholding for unpaid wages and liquidated 11. Complaints, Proceedings, or Testimony by Employees. damages. HUD or its designee shall upon its own No laborer or mechanic to whom the wage, salary, or action or upon written request of an authorized other labor standards provisions of this Contract are representative of the Department of Labor withhold applicable shall be discharged or in any other manner or cause to be withheld, from any moneys payable discriminated against by the Contractor or any on account of work performed by the contractor or subcontractor because such employee has filed any subcontractor under any such contract or any other complaint or instituted or caused to be instituted any Federal contract with the same prime contract, or proceeding or has testified or is about to testify in any any other Federally- assisted contract subject to the proceeding under or relating to the labor standards Contract Work Hours and Safety Standards Act applicable under this Contract to his employer. which is held by the same prime contractor such sums as may be determined to be necessary to B. Contract Work Hours and Safety Standards Act. As satisfy any liabilities of such contractor or used in this paragraph the terms "laborers" and subcontractor for unpaid wages and liquidated "mechanics" include watchmen and guards. damages as provided in the clause set forth in paragraph (2) of this paragraph. (1) Overtime requirements. No contractor or sub - contractor contracting for any part of the contract (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth work which may require or involve the in subparagraph 1 throw 4 of this paragraph employment of laborers or mechanics shall require (1) through (4) p ara a p and also a clause requiring the subcontractors to or permit any such laborer or mechanic in any work include these clauses in any lower tier subcontracts. week in which he or she is employed on such work The prime contractor shall be responsible for to work in excess of eight hours in such work week compliance by any subcontractor or owner tier unless such laborer or mechanic receives subcontractor with the clauses set forth in compensation at a rate of pay for all hours worked subparagraphs (1) through (4) of this paragraph. in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever C. Health and Safety is greater. (1) No laborer or mechanic shall be required to work in (2) Violation; liability for unpaid wages; liquidated surroundings or under working conditions which are damages. In the event of any violation of the unsanitary, hazardous, or dangerous to his health clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor and safety as determined under construction safety responsible therefore shall be liable for the unpaid and health standards promulgated by the Secretary wages. In addition, such contractor and of Labor by regulation. subcontractor shall be liable to the United States (in the case of work done under contract for the District (2) The Contractor shall comply with all regulations of Columbia or a territory, to such District or to issued by the Secretary of Labor pursuant to Title such territory), for liquidated damages. Such 29 Part 1926 (formerly part 1518) and failure to liquidated damages shall be computed with respect comply may result in imposition of sanctions to each individual laborer or mechanic, including watchmen and guards, employed in violation of the pursuant to the Contract Work Hours and Safety clause set forth in subparagraph (1) of this Standards Act. (Public Law 91 -54, 83 Stat 96). paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted (3) The Contractor shall include the provisions of this to work in excess of eight hours or in excess of the Article in every subcontract so that such standard workweek of forty hours without payment provisions will be binding on each subcontractor. of the overtime wages required by the clause set The Contractor shall take such action with respect forth in sub paragraph (1) of this paragraph. 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. 98. DELAY, DISRUPTION OR OTHER CLAIMS F -49 Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly(but in no case later than ten(10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten(10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claiined. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTORS failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. F -50 31V3S 3OVM Wt1WINIW ONV NOIiV3IJISSV13 $OwV7 0 NO1133S • 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 LABOR CLASSIFICATION AND MINIMUM WAGE SCALE 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 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 wagt 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 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. G -3 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION G -4 SNOI11aNO3 11111]N30 1diN]W]'IddfS H NO1J.a]S • SUPPLEMENTAL CONDITIONS OF THE AGREEMENT - PART A A. NAME AND LOCATION OF PROTECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled SABINE PASS METERING FACILITY to Serve THE CITY OF PORT ARTHUR, Job No. CPA -890, 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 SABINE PASS METERING FACILITY. 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 Cl Cover Sheet C2 -C 11 Civil Piping Plans E 1 -E7 Electrical 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 reserves the right to schedule sequence of construction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental Items shown in SECTION D - BID. The Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit 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 H -IA required to complete work. The actual work as provided by the GENERAL and SPECIAL CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on PLANS is described in PROPOSAL items other than Supplemental Pay Items. When work covered by Supplemental Items is requested by the Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and Unit Prices bid in BID. I. AS -BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red 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. H -2A 1 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 AC/ American Concrete Institute - ASTM American Society for Testing and Materials A WWA 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 A 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 GRADES. From benchmarks and horizontal control references established by Engineer, stake out work, establish elevations, and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right -of -way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake -out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. Owner provides first tests of materials unless otherwise specified. Subsequent tests at Contractor's expense. Notify Engineer prior to H -2B 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. 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 H -3B 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 81/2-inch x 11 -inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 81/2-inch x 11 -inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. H -4B 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. Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 25 of GENERAL CONDITIONS OF AGREEMENT, the following applies: "Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." H -5B R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. H -6B a „Ng! 4 t 11 4 1 1 14 1 1 +7A leis I 141.4**0 fel ei t is to - , :.0.4.$'/ *11 C 1 f F PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of , County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the Pleasure Island Commission, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2013, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. I -1 IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 2013. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. 1 I -2 NmF j 4004 1 } } • 4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of 2000, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. J -1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 2013. ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney -in -Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J -2 113111, s l ' . . i b 0 0#, *110416144444 40.410 • v 1 (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE OF AWARD" HERE 1#00 # # #, 394 ' I II . . i ' 4 (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE TO PROCEED" HERE f i } I t { (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "INSURANCE" HERE SNO11V31H13 S - 1173114H031. N NO113]S 7/17/2013 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 7/17/2013 B. Proposal will indicate if clearing and grubbing is a pay item. If so, measure by acre or lump sum as indicated in PROPOSAL. A2001 - 2/2 8/03/2004 ITEM NO. A2002 - SHE GRADING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Within the limits indicated, or in areas where existing grade is altered, strip existing topsoil to 6 -inch depth and stockpile in approved areas for subsequent replacement. Remove and dispose of all vegetation, roots, and waste material. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 - PRODUCTS 2.01 MATERIALS Fill: Use approved excess excavation or borrow material. Borrow from approved source, excavate, and clean up borrow area. Reuse of material stripped from borrow site is not allowed unless specifically indicated on PLANS. PART 3 - EXECUTION 3.01 GENERAL Maintain surface drainage on site during construction. 3.02 CONSTRUCTION A. Fill Under Structures and Roads: Place dirt fill in 8 -inch maximum layers (loose measure) and compact at or near optimum moisture to at least 95 percent AASHTO Standard T -99 -74 density. Place fill to subgrade elevation without addition of topsoil. Where fill to subgrade elevation is less than 6 inches, scarify existing ground to a depth of 6 inches and compact as specified herein. B. Site Fill: Place approved fill within 4 inches of finish grade shown on all areas not covered by structures or roads. Fill in 10 -inch maximum layers (loose measured) and compact at or near optimum moisture to at least 90 percent AASHTO Standard T -99 -74 density, unless otherwise shown on PLANS. A2002 - 1/2 8/03/2004 C. Topsoil: Place topsoil over areas within limits shown on PLANS. After substantial completion of construction, grade site 4 inches lower than finished grade on all unpaved areas. Clear ground surface of all foreign materials, then place 4 inches of topsoil to bring site to smooth finished grade indicated. D. Waste: Waste stripped materials from within limits indicated. Spread waste material over designated area, dress by blading, and slope to provide drainage. E. Final Cleanup: Level washes, ruts, depressions, and mounds to give areas smooth finish. 3.03 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract price bid for work of which this is a component part. A2002 - 2/2 03/04/2009 ITEM NO. A2003 — STRUCTURAL EXCAVATION AND BACKFILL PART 1 — GENERAL 1.01 DESCRIPTION A. Extent of Work 1. This Item governs excavation for placing structures except pipe sewers, disposal of such excavated material, and backfilling around completed structures to the level of original ground or finished grade. 2. Work to include all necessary pumping or bailing, sheeting, drainage, construction, and removal of any required cofferdams. 3. Unless otherwise provided, work to provide for removal of old structures or portions thereof, trees, and all other obstructions necessary to the proposed construction. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Unless specified on PLANS or approved otherwise by Engineer, structural excavation to be designated as follows: 1. Width and Length: From vertical plane outside structure line equal to thickness of footing or slab. 2. Depth: From bottom of footing or slab to finished ground line or natural ground line, whichever is lower in elevation. 4. When caissons are provided, excavation not permitted outside outer faces or caissons. 1.03 DEFINITIONS A. Cofferdam is a temporary or removable structure to keep surrounding earth, water, or both out of excavation, and may be earth, timber, steel, concrete, or combination thereof. B. Caisson is a permanent part of the substructure, which sinks gradually into place as material is excavated within the area protected by its sidewalls. It may be either open well type or pneumatic type caisson. A2003 - 1/4 03/04/2009 • PART 2 — EXECUTION 2.01 CONSTRUCTION METHODS A. General 1. Excavate to lines and depths indicated on PLANS or designated by Engineer. Excavate below bottom of structural slab elevation shown for seal slab when required. 2. Furnish supports for piping and structures within excavated area at no additional cost to Owner. 3. When requested, sample soil in accordance with ASTM testing standards to determine classification and strength of subgrade material. Sampling and testing to be by approved testing lab. Notify Engineer of test results immediately. Maximum depth of soundings not to exceed 5 -feet below proposed footing grade, and to be made when foundation excavation is substantially complete. 4. Where necessary to increase or decrease footing depths, change details of structure as directed. 5. Do not disturb excavation bottom if structure rests on excavated surface other than rock. Remove foundation material to final grade just before placement of structure or seal slab. 6. When excavating rock or other hard material, cut to level, stepped, or serrated surface and remove loose material from excavation. Clean out seams and fill with concrete or approved structural fill prior to time of footing placement. 7. Protect excavations from rainfall and surface water. If supporting soil is exposed to adverse wet or dry conditions, excavate deeper and/or wider to sound material at no additional cost to Owner. Prior to such activity, notify Engineer. 8. Store excavated material used for future backfill in piles at locations convenient for rehandling, and locate so as not to interfere with other work. Locate edge of stockpile no closer to excavation than 1' times the excavation depth. 9. Provide site drainage and/or groundwater control to protect excavations. Use site grading, cofferdams, ditches, and/or other means to prevent surface water from flowing into excavations or ponding on areas where foundations or pavement will be located. Maintain continuous groundwater and surface water control until structure is complete and ground surface has been brought to final grade. B. Cofferdams and Caissons 1. Cofferdam to be complete with bracing and necessary pumps, well points, or other procedures to control groundwater and surface water intrusion. 2. Place caisson by one or more of the following methods: a. Interior dredging. b. Addition of weight by increasing wall thickness, when permitted by Engineer. c. Addition of removable loads. d. Use of water or air jets. A2003 - 2/4 03/04/2009 e. Use of pile driving equipment for steel shell caissons with suitable driving rig. 3. Provide cofferdams, when required, to allow for construction, removal of forms, and observation. 4. Types and clearances of cofferdams or caissons which affect character of finished work to be submitted for approval. All other details and design are responsibility of Contractor. 5. When required, submit drawings showing proposed method of ground and surface water control, and cofferdam or caisson construction. 6. Extend sheet pile cofferdams and caissons below bottom of footings sufficiently to prevent "blow outs ", and provide adequate bracing and make as watertight as practicable. 7. When foundation piling are driven inside cofferdams or caissons, excavate below footing grade to allow for swell of ground during driving operations. Dewater excavation and remove foundation material to exact footing grade after driving piles, before placing seal slab. Backfilling to compensate for excavation below grade not permitted. Fill such areas with concrete; at time seal slabs are placed. 8. Adjust cofferdams or caissons, which tilt or move laterally. Report such movement to Engineer immediately. 9. Unless otherwise provided, remove cofferdams after completion of construction so as not to disturb or mar structure. C. Pumping or Bailing 1. Pump or bail from interior of cofferdam or caisson, outside of forms. Avoid movement of water through or along concrete being placed. 2. Do not pump or bail during concrete placement, or for minimum of 24 hours thereafter, unless from suitable sump separated from concrete by watertight wall. 3. Do not pump or bail to dewater cofferdam or caisson for minimum of 36 hours after seal slab has been set. D. Structural Backfilling 1. Backfill excavated areas as soon as such backfill will not interfere with progress of work. 2. Unless otherwise indicated, compact backfill mechanically in loose lifts not exceeding 8- inches. 3. Unless otherwise specified in PLANS and TECHNICAL SPECIFICATIONS or in soils report, backfill to be selected backfill, as approved by Engineer, with a Plasticity Index (PI) of less than 20 and compacted with mechanical tamps to 90 percent of the Standard Proctor maximum dry density (ASTM D -698) at 0 to +2 percent wet of the optimum moisture content. 4. Do not place backfill against walls for minimum of 7 days after structure has been in place. 5. Place backfill against walls of partially completed structure only after observation by Engineer. A2003 - 3/4 03/04/2009 6. Prevent wedge action of backfill against structure, and step or serrate slopes bounding excavation. Do not use heavy or intense compaction against structure. Backfill within 5 -feet of structure to be subjected to light but full compaction. 7. Unless otherwise authorized, perform backfill in presence of Engineer. 2.02 MEASUREMENT AND PAYMENT A. 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. B. Measure "Extra Structural Excavation ", when approved by Engineer, by cross - section method in its original position. Pay for "Extra Structural Excavation" at Contract unit price bid per cubic yard. Payment is full compensation for sheeting, bracing, dewatering, backfill, and all other work necessary to excavate additional material. A2003 - 4/4 Std. 08/03/2004 ITEM NO. A3002 — COMPACTED SAND FILL UNDER STRUCTURES PART 1 — GENERAL 1.01 DESCRIPTION A. Scope: Furnish, place, and compact sand fill under structures within limits shown on PLANS. PART 2 — PRODUCTS 2.01 MATERIALS A. Clean sand or clean bank sand free from clay and clay lumps, shale, loam, organic matter, excessive amounts of salt, and other deleterious materials. Sand with maximum Plasticity Index of 7 and with not more than 40 percent passing a No. 200 sieve. Water, if used to aid compaction, to be clean and fresh. PART 3 — EXECUTION 3.01 INSTALLATION A. Construction: Excavate or strip to depth as indicated on PLANS or as directed by Engineer. Compact subgrade to minimum dry density of 95 percent of maximum in accordance with ASTM D698 -78 by making several passes with flat - wheeled or vibratory roller to uniformly dense soils and to ensure that localized weak and compressible zones are not present. Shape surface to receive sand fill as shown on PLANS. Place in 8 -inch maximum lifts, measured loose, and compact with pneumatic -tired or vibratory roller. In confined areas, compact with mechanical tamps. Compact soils at or near optimum moisture content to a minimum dry density of 95 percent of maximum in accordance with ASTM D698 -78. "Waterflooding" to obtain required compaction not permitted. After compacting, shape surface area to grade indicated. Make at least one (1) density test per lift. 3.02 MEASUREMENT AND PAYMENT A. No separate payment for work performed under this Item, including density testing, except as indicated below. Include cost of same in Contract price bid for work of which this is a component part. B. "Extra Compacted Sand Fill ", when authorized, to be measured by 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 compacted sand fill as may be required in excess of amount shown on PLANS. • A3002 - 1/1 08/03/2004 F1'EM NO. A3004 — SEEDING PART 1 — GENERAL 1.01 DESCRIPTION A. Scope: Seeding and fertilizing of areas not covered by structures, sidewalks, or roads within the project area. Project area is indicated on PLANS or by Special Provision. When shown on PLANS, provide soil retention protection. PART 2 — PRODUCTS 2.01 MATERIALS A. Seeds: Conform to requirements of U.S. Department of Agriculture Rules and Regulations as set forth in Federal Seed Act and Texas Seed Law. Use seed, which has been treated with an approved fungicide. Container labels to show purity and germination, and name and type of seed. Planting date, type, and rate of application as follows. Rate of Application Type in Pounds per Acre Planting Date 1. Unhulled Bermuda Grass 20 January 1 to April 1 2. Hulled Bermuda Grass 12 April 1 to October 1 3. Mix Bermuda and Rye in Following Proportions: October 1 to January 1 Unhulled Bermuda Grass 12 Rye Grass (Gulf) 200 B. Fertilizer: Use pellet or granular fertilizer with analysis of 16 percent nitrogen, 20 percent phosphoric acid, and zero percent potash (or 10 -10 -5) unless otherwise required. Determine percent by methods of Association of Official Agricultural Chemists. Container labels to show analysis. Powdered or caked fertilizer not permitted. C. Straw Mulch: Use straw of oat or rice stems, prairie grass, bermuda grass, or other approved straw. Do not use straw containing Johnson grass or other noxious weeds and foreign materials. D. Fiber Mat: Fiber mat to consist of machine - produced mat or wood fibers, with consistent thickness throughout blanket. Use blanket with topside of netted twisted A3004 - 1/3 } 08/03/2004 haft paper having high wet strength, or biodegradable extruded plastic mesh. Use blanket of weight from 0.7 pound per square yard to 1.0 pound per square yard. E. Paper Mesh: Use paper mesh consisting of knitted construction of yarn with uniform openings interwoven with strips of biodegradable paper, furnished in rolls with suitable protection for outdoor storage. Use paper mesh of weight from 0.2 pound per square yard to approximately 0.5 pound per square yard. F. Wire Staples: As recommended by fiber mat or paper mesh manufacturer. G. Water: Use water that is clean and free of industrial wastes and other substances harmful to the growth of vegetation. PART 3 — EXECUTION 3.01 CONSTRUCTION METHODS A. GENERAL Fertilizing and Seeding: After area(s) to receive fertilizing and seeding has been completed to lines, grades, and sections shown on PLANS, apply fertilizer at uniform average rate of 500 pounds per acre. Thoroughly mix upper 3- inches of topsoil with fertilizer until a uniform mixture of fertilizer and topsoil is obtained. Sprinkle areas to be seeded with water, using fine spray to avoid washing or erosion of soil. Broadcast seed with sowing equipment at rate specified above, using care to obtain uniform distribution. After broadcasting, lightly rake seeds into soil to a depth not to exceed 1/2-inch. Complete seeding by rolling with roller developing 15 to 25 pounds per inch of tread. Keep seeded areas moist for a period of ten (10) days immediately following placement. When watering seeded areas, use fine spray to percent erosion of seeds or soil. Reseed any areas damaged by erosion. Do not apply seeds when weather is too windy or other adverse conditions exist. B. Straw Mulch Soil Retention Blanket 1. Fertilizing and Seeding: After ditch or slope has been completed to lines, grades, and cross - sections shown on PLANS, apply fertilizer and seed as per "A." above. When seed and fertilizer are to be distributed as water slurry, mixture to be applied within thirty (30) minutes after all components are placed in equipment. 2. Mulch Application: Immediately upon completion of planting of seed and fertilizing, spray straw mulch uniformly over the area at the rate of 1 to 2 tons of hay or 21/2 tons of straw per acre. Equip mulching machine to inject asphaltic material into straw uniformly as it leaves the equipment, at the rate of 0.05 to 0.10 gallon of asphalt per square yard of mulched area. When watering seeded areas, use fine spray to prevent erosion for any reason. Mulching operation to follow seeding and fertilizing immediately in continuous operation. A3004 - 2/3 08/03/2004 C. Fiber Mat or Paper Mesh Soil Retention Blanket 1. Fertilizing and Seeding: See `B.1" above. 2. Fiber Mat or Paper Mesh Installation: Place fiber mat or paper mesh within 24- hours after seeding operations have been completed. Prior to placing, clear area to be covered of all rocks or clods over 11/2- inches in diameter and all sticks or other foreign material which will prevent close contact of the blanket with the soil. Area to be smooth and free of ruts or other depressions. a. If, as a result of a rain, prepared seedbed becomes crusted or eroded, or if eroded places, ruts, or depressions exist for any reason, rework soil until smooth and reseed such areas. After area has been properly prepared, lay fiber mat or paper mesh flat, smooth, and loosely, without stretching or crimping material. b. Apply materials with lengths running parallel to the flow of water. Where more than one width is required, butt or overlap edges as required by manufacturer. c. Hold material in place by means of wire staple driven into soil at 90° angle to surface. Staple material along each edge and in grid pattern with minimum 3 -foot centers each way as recommended by manufacturer. In ditches and on slopes, provide additional stapling as recommended by manufacturer. D. Vegetative Watering 1. Apply water when directed by the Engineer. 2. Furnish and operate equipment to distribute water at a uniform and controllable rate. 3. Ensure that watering does not erode soil or plantings. 4. Apply water in the required area until vegetation has completely established and is approved by the Engineer. 3.02 MEASUREMENT AND PAYMENT A. Fertilizing and Seeding: Measure by the acre or lump sum as indicated in PROPOSAL. Payment for work under this Item will be made at Contract price for "Seeding ", which price to be full compensation for all fertilizer, seed, equipment, materials, and labor necessary for fertilizing and seeding. B. Straw Mulch Seeding: Measure by the square yard as indicated in the PROPOSAL. Payment for work under this Item to be made at the Contract price for "Straw Mulch Seeding ", which price to be full compensation for all fertilizer, seed, straw mulch, equipment, materials and labor necessary for fertilizing and seeding. C. Fiber Mat Seeding: Measure by the square yard as indicated in the PROPOSAL. Payment for work under this Item to be made at the Contract price for "Fiber Mat A3004 - 3/3 08/03/2004 Seeding ", which price to be full compensation for all fertilizer, seed, fiber mat, equipment, materials, and labor necessary for fertilizing and seeding. D. Paper Mesh Seeding: Measure by the square yard as indicated in the PROPOSAL. Payment for work under this Item to be made at the Contract price for "Paper Mesh Seeding ", which price to be full compensation for all fertilizer, seed, paper mesh, equipment, materials, and labor necessary for fertilizing and seeding. A3004 - 4/3 -- 10/13/2005 ITEM NO. B1001 - CONCRETE PART 1 - GENERAL 1.01 DESCRIPTION Scope: This Item governs for materials used; for storing and handling of materials; and for proportioning and mixing of concrete for reinforced concrete pavement, and all reinforced concrete precast and cast -in -place structures. 1. Contractor assumes responsibility for cost and design of proper concrete mixture. A. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Furnish laboratory reports showing proportions and materials selected will produce laboratory-mixed concrete of specified quality and having strengths 20 percent higher than 28 -day strength specified, at maximum slump and maximum air content specified. B. Owner to select testing laboratory, conforming ASTM E329, to make tests throughout concrete operations. When requested by Owner, Engineer or his representative will monitor tests and review results. 1.03 SUBMITTALS A. Samples 1. Furnish material samples to approved testing laboratory for review and testing. 2. Provide sufficient quantities for testing and determining mixes to produce concrete class specified. B. Mix Designs 1. Submit mix designs for each different concrete strength and for each different aggregate. 2. Secure confirmation of laboratory tests on proposed mix designs prior to submittal. 3. Use only approved mix designs. 4. Make required tests of mix as called for elsewhere in this specification under "Tests." C. Reports: Provide certified mill reports on cement and sieve analysis on aggregate. D. Tests 1. Make moisture tests of aggregate to ensure proper batching and proportioning. 2. Provide and maintain curing facilities conforming to ASTM C31. B1001 - 1/8 10/13/2005 3. For Structural Concrete: a. Perform sufficient number of tests to maintain check on quality. b. Conduct tests as per test procedures (ASTM C31 and C39 for Compression Test). c. When Portland cement concrete other than high - early - strength concrete is used, test minimum of two (2) standard 6 -inch by 12 -inch cylinders at 7 days and minimum of two (2) 6 -inch by 12 -inch cylinders at 28 days, for each 50 yards of concrete placed or each structure, whichever is less. d. When high - early- strength concrete is used, test minimum of two (2) standard 6 -inch by 12 -inch cylinders at 3 days and minimum of two (2) 6- inch by 12 -inch cylinders at 7 days for each 50 cubic yards of concrete placed or for each structure, whichever is less. Minimum strengths normally required at 7 and 28 days will be required at 3 and 7 days, respectively. 4. For paving concrete, test pavement work as required by PLANS and /or as follows: a. Make one beam for each 1,000 square yards of pavement, or part thereof, for each day's pour and/or one beam on each street. b. Size of beams as required by ASTM C31. c. Core sampling in accordance with requirements of Special Provision. d. If requirements not established by Special Provision, make one core for each 1,000 linear feet or pavement, or one core for each 2,500 square yards of pavement, or at least one core for each street, whichever is lease in area. e. Fill core hole with non - shrinking grout at no additional cost to Owner. f. Test core for compressive strength and for thickness. 5. For air entrainment, make two tests, in accordance with ASTM C138 or C173, for each day's placing. 6. Make slump tests periodically in accordance with ASTM C143. E. Specimen handling 1. Mark test specimens clearly in a definite sequence. 2. Transport and store specimens to prevent damage. 3. Provide insulated, shed for storage of cylinders and beams. 4. Provide records identifying each cylinder with locations from which specimens were taken. 5. Cure specimens under laboratory conditions, except that for a possibility of surrounding air temperature falling below 40o F, additional specimens to be cured • under job conditions may be required. F. Failure to Meet Specifications 1. Concrete failing to meet specifications will be rejected. 2. Should a 3 -day (high -early cement) or 7 -day (normal cement) test fail to meet established strength requirements, extended curing or resumed curing may be required. 3. Contractor to strength structures or replace portions thereof which fail to meet established strength requirements, at Contractor's expense. B1001 - 2/8 10/13/2005 4. Test cores, when required, to be in accordance with procedures of ASTM C42 at no additional cost to Owner. 1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Cement 1. Store in weathertight enclosure and protect against dampness, contamination, and warehouse set. 2. Use only one supply source for each aggregate stockpile. B. Aggregates 1. Stockpile to prevent excessive segregation, or contamination with other materials or other sizes of aggregates. 2. Use only one supply source for each aggregate stockpile. C. Admixtures 1. Store to prevent contamination, evaporation, or damage. 2. Protect liquid admixtures from freezing or harmful temperature ranges. 3. Agitate emulsions prior to use. PART 2 — PRODUCTS 2.01 MATERIALS A. Concrete: Ready -mix concrete conforming to ATSM C94 or site -mixed concrete (dry weight 145 -150 pounds per cubic foot). 1. Cements a. ASTM C150, Type I. b. ASTM Specifications for weight variations and length of storage. c. Use no caked cement. d. Deliver in bags for site -mixed concrete. e. Use only one brand of cement in any one structure. f. Cement for Class "P" concrete may be delivered in bulk if method of handling is approved. 2. Admixtures a. Air - entraining admixtures in accordance with ASTM C260. b. Water- reducing and retarding admixtures in accordance with ASTM C494, Type A, or Type D admixture, modified as follows 1) Bleeding water no greater than bleeding water of ASTM C494 reference concrete when tested as per ASTM C232. 2) Increase durability, decrease permeability, and increase resistance to surface scaling, when compared to ASTM C494 reference concrete. 3) No chlorides or alkalis added during manufacture of admixture. c. High range water - reducing admixture (superplasticizer) in accordance with ASTM C494, Type F or Type G modified as follows: B1001 - 3/8 10/13/2005 1) Superplasticized concrete to be nonsegregating, have little bleeding, and have physical properties similar to low water - cement ratio concrete. 2) Admixture composed of a synthesized suffocated polymer to be added to the concrete mixer with gauge water at the central batch plant. 3) Use only one liquid admixture to achieve the superplasticized concrete, except where air entrainment is desired, in which case, air entraining admixture to be compatible with superplasticizer admixture. 4) Treated concrete must be capable or maintaining superplastic state in excess of two hours. 5) Dosage as recommended by the manufacturer. d. Additional Requirements 1) Manufacturer to provide proof of successful field use of water - reducing and retarding admixture from recognized laboratories and other authorities. 2) Manufacturer to provide local representative and warehouse facilities, when requested by Owner. 3) Provide qualified concrete technician to assist in concrete mix design, if required. 4) If required, Contractor to acquire approved commercial laboratory testing at no cost to Owner to furnish certification of compliance with this specification. 5) Water reducing a retarding admixtures used in Class A and Class K concrete only, unless other wise specified. 6) Use manufacturer's published recommended dosage for optimum results as minimum requirements. Engineer may vary dosage after analysis of results of local commercial laboratory tests using materials from sources assigned by Contractors. 7) Dispensing and mixing equipment and procedures at batch plant are subject to approval. 3. Coarse Aggregate a. Durable particles of gravel, crushed gravel, crushed blast furnace slag, crushed stone, or combination thereof, conforming to ASTM C33. b. Use clean, durable particles, free from frozen materials, clay, salt, alkali, vegetable matter, or other coating, which would adversely affect strength of concrete or bonding of aggregate to cement paste. 1) Non - Prestressed Concrete aggregate size from No. 4 to 1 1/2-inch. 2) Prestressed Concrete aggregate size from No. 4 to 1 -inch. c. The maximum size coarse aggregate to be as indicated above or no greater than three- fourths of the minimum clear spacing between parallel reinforcing bars or prestressing tendons, whichever is smaller. 4. Fine Aggregate a. Natural sand as per ASTM C33. b. Fineness modulus between 2.4 and 2.9. B1001 - 4/8 10/13/2005 5. Water a. Free from oils, acids, alkalis, organic mater or other deleterious substances, and not containing more than 1,000 parts per million of sulphates. b. Testing not required from municipal supplies approved by Texas Commission on Environmental Quality (TCEQ), but from other sources water will be sampled and tested, at no additional cost to Owner, before use. 6. Slump a. Test method as per ASTM C143. b. As indicated in Classification Table. 7. Mix Proportioning a. As per Classification Table, based on maximum water - cement ratio and minimum strength requirements, with limits set on minimum cement content. b. Increase cement content above minimum or use approved admixtures, without additional cost to Owner, if type, gradation, or sizes of aggregate being supplied gives concrete mixture not meeting strength and workability requirements. 8. Coring Materials: Per Item "Concrete Structures." B. Nonshrink Grout: Grout to have moderate fluidity and to conform to Corps of Engineers Specification CRD -C 621 -82B. B1001 - 5/8 10/13/2005 CLASSIFICATION TABLE Max. Water Content Min. Comp. Pounds of Gallons of Min. Cement Per Strength (psi) Water/Lb. Water/Bag C.Y' Slump Range Total Air Content Class - Type 7 -Day 28 -Day Cement Cement Lbs. Bags (in.) ( %) A - Structural 2000 3000 0.55 6.25 494 5.25 21/2 to 41/2 21/2 to 4 Asp - Structural (3) 2000 3000 0.50 5.65 423 4.50 7 to 10 3 to 5 B - Slope 1200 2000 0.75 8.50 400 4.25 21/2 to 4 21/2 Protection C - Pipe Blocking - -- 1500 0.97 11.00 282 3.00 3 to 5 3 to 6 D - Seal Slab - -- - -- - -- - -- 376 4.00 6 to 8 As needed E - Monolithic 2000 3000 0.55 6.25 564 6.00 4 to 6 3 to 5 Sewer F - Prestressed (5) - -- 5000 0.51 5.75 635 6.75 2 to 3 As needed G - Prestressed (5) - -- 6000 0.49 5.50 658 7.00 2 to 3 As needed K - Structural (6) 2800 4000 0.50 5.65 564 6.00 31/2 to 5 21/2 to 41/2 Ksp - Structural (3) 2800 4000 0.45 5.00 470 5.00 7 to 10 3 to 5 P - Paving 6 -Inch 1800 2800 0.66 7.50 423 4.50 3 to 5 21/2 to 4 (8) 450 P - Paving 7 -Inch 2000 3000 0.66 7.50 470 5.00 3 to 5 21/2 to 41/2 (8) 500 P - Paving 8 -Inch 2000 3000 0.66 7.50 470 5.00 3 to 5 2' to 41/2 (8) 550 * All slump Ranges + 1/2-Inch Tolerance (1) Include in maximum water, free water in aggregate minus absorption of aggregate based on a 30- minute absorption period. (2) For concrete placed under water, minimum cement per cubic yard shall be 611 pounds (6.5 bags). (3) Asp and Ksp to contain approved High Range Water Reducing (HRWR) Admixture. (4) Maximum 2 -Inch slump before addition of HRWR Admixture. (5) For prestressed concrete, water - reducing admixture may be used as needed. (6) Use approved water- reducing and retarding admixture. (7) Minimum flexural strength at 7 days. , (8) Slump range 1 -Inch to 3 -Inch when slip form method of construction used. B1001 - 6/8 - 10/13/2005 PART 3 — EXECUTION 3.01 MIXING CONCRETE A. General 1. Ready mixed and in accordance with requirements of current ACI Building Codes. 2. Postpone or delay work during adverse weather conditions. 3. Protect dry batch material so that it reaches mixer in a dry condition. 4. Use batch mixer having approved and positive water control, and measuring device for all materials. 5. Continue mixing to ensure uniform distribution of materials, but not less than 1 /2 minutes after all materials have been introduced into mixer drum. 6. Rotate drum at peripheral speed recommended by mixer manufacturer. 7. Mix and deliver as per ASTM C94. a. Add mixing water at plant. b. Mix concrete in quantities required for immediate use, and discharge at job site within one hour after introduction of cement to aggregate. If Contractor can prove that concrete consistency measured by slump will not be reduced by more than 2- inches when superplasticized concrete is used, time interval between mixing and placing may be extended to a maximum of 90 minutes or to a period in which slump loss will not exceed 2- inches. c. Begin mixing operation within 30 minutes after cement and aggregates intermingled. d. Ready -mixed concrete producer to furnish delivery tickets indicating: 1) Delivery date and time dispatched. 2) Name and location of project. 3) Name of contractor. 4) Name of ready mixed concrete producer. 5) Truck number. 6) Number of cubic yards of concrete in load. 7) Class of concrete. 8) Cement content in bags per cubic yard of concrete. 9) Amount of admixture in concrete, if any. 10) Number of gallons of water in mixture. 11) Air content. 8. Job mix concrete in approved type mixer, and do not load beyond manufacturer's rated capacity. a. Normal Weight Concrete 1) Mix batches of one cubic yard or less for minimum of 1 minutes after materials are placed in mixer. 2) Increasing mixing time 15 seconds for each half yard increased over on cubic yard batch. b. Maintain positive batch control equipment to within one percent (1 %) accuracy. B1001 - 7/8 • 10/13/2005 c. Clean, maintain, and operate equipment so as to thoroughly mix material as required. d. Hand mixing permitted for small placements only, or in emergencies, as authorized. e. Hand -mixed batches not to exceed a two -bag in volume. 9. Do not mix when air temperature is at or below 40 deg. F (taken in the shade away from artificial heat) and falling, or if likely to fall below 40 deg. F in next 24 hours. 10. To produce concrete with minimum temperature of 50 deg. F, heat aggregate and/or water uniformly as follows: 1) Water temperature not to exceed 180 deg. F, and/or aggregate temperature not to exceed 150 deg. F. 2) Heat mass of aggregate uniformly. 3) Temperature of aggregates and water to be between 50 deg. F and 85 deg. F before introduction of cement. 3.02 INSTALLATION In accordance with other applicable TECHNICAL SPECIFICATIONS. 3.03 MEASUREMENT AND PAYMENT A. No separate measurement and payment 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. B. Measure "Extra Concrete," when approved by Engineer, by cubic yard of concrete of class ordered, complete in place. Pay for "Extra Concrete unit price bid per cubic yard for classes of "Extra Concrete" used B1001 - 8/8 Std. 04/21/2006 ITEM NO. B1002 — METAL FOR STRUCTURES PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish and fabricate various metals for types of structures indicated on PLANS B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 PRODUCT DELIVERY , STORAGE AND HANDLING A. Deliver materials to jobsite free from dirt, scale and rust, oil or other foreign material. B. Store above surface of ground on platforms, skids, or other supports to prevent sagging, and protect from mechanical injury and surface deterioration caused by exposure to conditions producing rust and corrosion. C. Handle so that material will not sustain bending or warping before and during placement. PART 2 - PRODUCTS 2.01 MATERIALS A. Structural Steel: Per ASTM A36, unless otherwise noted. B. Carbon Steel Castings: Per ASTM A27. C. Galvanized Sheet Metal: Per ASTM A525, for zinc - coated (galvanized) iron or steel sheets. D. Threaded Fasteners 1. Standard Bolts: Per ASTM A307 2. High - Strength Bolts: Per ASTM A325 E. Corrosion- Resisting (Stainless) Steel 1. Plate, Sheet, Strip, Fasteners Where No Welding Required: Per ASTM A167, Type 316 or 304. 2. Plate, Sheet Strip, Fasteners Where Welding Required: Per ASTM A167, Type 316L or 304L. B1002 - 1/2 Std. 04/21/2006 F. Copper 1. Sheet, Strip, Plate: Per ASTM B152, No. 110. 2. Rod, Bar, Shapes: Per ASTM B133, No. 110. G Lead: Pig leas per ASTM B29. H. Aluminum 1. Structural Shapes, Extrusions, Bars, Grating, Stair Treads: Per ASTM B221 and ASTM B308, Alloy 6061 -T6. 2. Gravel Stops: Per ASTM B221, Alloy 6063 -T42. 3. Other Items: Per recognized standards. PART 3 - EXECUTION 3.01 GENERAL REQUIREMENTS A. Galvanizing: Per ASTM Al23, ASTM A153, and ASTM A386 as applicable. B. Re- galvanizing: Repair chipped or otherwise damaged galvanized areas by application of zinc dust -zinc oxide paint conforming to requirements of Federal Specification TT- P-641b or by application of repair compounds conforming to requirement of Federal Specification O -G -93 (stick only) in accordance with manufacturer' recommendations. 3.02 MEASUREMENT AND PAYMENT A. No separate pay for work performed under this Include cost of same in Contract price bid for work of which this is a component part. • B1002 - 2/2 Std. 04/21/2006 ITEM NO. B2002 — METAL STRUCTURES PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Fabricate and erect structural steel and other metals. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 SUBMITTALS Submit the following in accordance with Contract Documents. A. Shop Drawings 1. Required for structural steel forgings, wrought iron, castings, or bearings. 2. Required for camber and erection diagrams, 3. Shop drawings to reflect use of submerged are welding, gas metal arc welding, or cored arc welding. 4. Submit preliminary erection drawings showing sequence of erection, location of falsework, and location of ground and air splices. 5. Provide the following information for members fabricated by welding or bolting. a. Fabricating procedures. b. Calculated stresses. c. List of equipment used for fabrication. d. Sequence of assembly. e. Details of connections. f. Special process such as planning, facing, etc. B. Certificates 1. Submit certified copy of mill certificates of compliance with requirements herein specified for structural steel and other metals 2. Submit certified copy of shop welding test in compliance with requirements herein specified. 3. Mill test not required for miscellaneous hardware, bolts, nuts, washers, screws, etc. C. Welding: Equipment, procedures, operations, workmanship, qualification of welders, and inspection to conform with AISC and AWS. 1. Shop welding to be at no additional cost to Owner. a. Make random radiographic inspections of 35 percent of primary welds. b. Welds requiring repairs to be retested by radiography after repairs are made. B2002 - 1/4 .., Std. 04/21/2006 c. If defective work is found, make additional radiographs on sections welded by same equipment and/or operator just prior to and just after the section containing the defect. d. Radiography required because of unacceptable welding to be performed by approved commercial laboratory at no additional cost to Owner. 2. Field Welding a. Make random radiographic inspections of 25 percent of primary welds. b. Radiograph defective weld repairs. c. Radiography required because of unacceptable welding to be preformed by approved commercial laboratory at no additional cost to Owner. 1.03 PRODUCT DELIVERY, STORAGE AND HANDLING A. Handle material so as to prevent its injury or damage. B. Store material on skids aboveground and keep clean, properly drained and protected from elements causing corrosion or other damage. C. Store girders and beams upright, and prevent excessive deflection. D. Store piles at locations approved by Owner. PART 2 — PRODUCTS 2.01 MATERIALS A. Structural Steel and Other Materials: Per Item "Metals for Structures." B. Electrodes for welding to conform to the following. 1. For Manual Shielded Metal -Arc Welding: Per AWS A5.1 or AWS A5.5. 2. For Gas Metal -Arc Welding: Per AWS A5.18 or AWS A5.20. 3. For stainless steel use 309 -CB stabilized welding rods. PART 3 — EXECUTION 3.01 HELD ERECTION A. Methods and Equipment 1. Spot welding to eliminate erection bolts not permitted. 2. Securely tie and/or brace beams or girders over roadway or railroad. Protect traffic below from falling objects during construction. B. Falsework: Properly designed, constructed, and maintained. B2002 - 2/4 Std. 04/21/2006 C. Straightening Bent Material 1. Straighten plates, angles, built -up members, and other shapes by methods that will not produce fracture or other injury to material. 2. Straighten individual pieces before assembly. 3. Straighten distorted built -up members by mechanical means, or by carefully supervised application of localized heat in limited amounts. a. Do not apply heat directly on weld metal. b. Temperature of heated area not to exceed 1200 F (dull red). 4. After straightening bend or buckle, inspect surface of metal for evidence of fracture. 5. Replace materials damaged by straightening at no additional cost to Owner. D. Galvanizing 1. Galvanized rolled, pressed, or forged steel shapes, plates, pipes and bars as per ASTM A153. 2. Galvanized steel or iron castings as per ASTM A153, Class A. 3. Galvanized bolts, nuts, screws, washers, and other miscellaneous hardware as per ASTM A153, Class C or D. 4. As specified on PLANS. E. Paint and Painting 1. Shop painting a. Conform to requirements of AISC except clean steel by buffing. b. Apply paint at minimum rate of one gallon to 450 square feet. c. Do not paint metal surfaces in contact with concrete or on which plates will be applied in field or within 2 inches of field welds. d. Thoroughly clean surfaces of other metal of dirt, grease, oil, and other foreign matter before transporting to jobsite, and shop paint only if specified on PLANS or by TECHNICAL SPECIFICATIONS. 2. Field Painting: Per Item "Painting and Protective Coating." F. Bearing and Anchorage 1. Place castings, bearing plates, or shoes on full and even bearing on concrete. 2. Place castings, bearing plates; or shoes on preformed fabric pads as specified. 3. Adjust grade with Portland cement, mortar of one part cement and two parts sand by weight. a. Minimum thickness of mortar bed 1/8 inch. b. Maximum thickness of mortar bed 3/8 inch. c. Provide adequate curing. 4. Use approved latex -based grout and galvanized steel shims for grade adjustments over 3/8 inch. 5. Use graphite spring lubricant for sliding movement surfaces. 6. Paint rolling surface of rocker shoes. 7. Anchor Bolt Setting a. Cast in Place. Clean holes before grout placement. B2002 - 3/4 • Std. 04/21/2006 b. With written approval, by drilling and grouting with nonshrinking grout. c. With written approval, by formed holes and grouting with nonshrinking grout. G. Misfits 1. Correct minor error in shop work. 2. Report any error in shop work. 3. Correct misfits in presence of Engineer. 4. Burning bolt holes not permitted. H. Clean-up: Clean up area and remove excess material, dismantled forms and falsework, and debris during construction, and clean -up area completely and thoroughly after completion of the work herein described. 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. B2002 - 4/4 10/13/2005 ITEM NO. B3001 - REINFORCING STEEL PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work 1. This Item governs for furnishing and placing of reinforcing steel, deformed and smooth. 2. Furnish chairs, ties, splicing devices, and other reinforcing accessories required to complete the work. 1.02 QUALITY ASSURANCE A. General: Conform to approved shop drawings and to ACI Manual of Practice for Detailing Reinforced Concrete Structures. B. Submittals 1. Submit shop drawings indicating location, placement, sizes, and bending. 2. When welding is required, furnish report of chemical analysis, showing percentages of carbon, manganese, phosphorus, and sulfur. C. Tests: Submit certified copy of mill certificates of compliance with requirements herein specified. 1.03 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver to job site free from dirt, loose scale and rust, paint, oil, or other foreign material. B. Storage: Store above surface of ground upon platforms, skids or other supports, and protect from mechanical injury and surface deterioration caused by exposure to conditions producing rust. C. Handling: Handle so as not to sustain crimping, bending, or warping before and during placement. B3001 - 1/4 08/03/2004 PART 2 - PRODUCTS 2.01 MATERIALS A. Reinforcing Steel 1. Deformed, conforming to ASTM A615, Grade 60. 2. Welded wire fabric conforming to ASTM A185. 3. Cold drawn steel wire conforming to ASTM A82. 4. Spiral reinforcement to be smooth (not deformed) bars or wire complying with ASTM A82. 5. Submit information on mechanical splicing devices, couplers, and all other reinforcing accessories. B. General Requirements 1. Nominal size, area, and theoretical weight in accordance with Table 1, ASTM A615 supplementary requirement. 2. Bending a. Bend in shop, cold, true to shapes indicated on PLANS. b. Irregularities in bending are cause for rejection. c. Detail bars in accordance with ACI 315. d. Inside diameter of bar bends, in terms of nominal bar diameter (d) of bar which is bent, in accordance with ACI 315. 3. Fabrication tolerances in accordance with ACI 315. 4. Splices a. Except where shown, not permitted without prior written approval. b. Not permitted in main reinforcement at points of maximum stress. c. When not indicated on PLANS, but permitted with prior written approval, subject to the following: 1. Not larger than #8 bars. 2. Not permitted in bars 30 feet or less in length, except vertical. 3. Distance center -to- center not less than 30 feet, and no individual bar length less than 10 feet. 4. Maintain specified concrete cover and tie bars together securely. 5. Stagger main bar splices in adjacent bars minimum of two splice lengths. d. Lap Splices 1. See General Notes in PLANS for standard bar lap lengths. 2. Lap bars so that both bars will be in the same plane parallel with the nearest concrete surface. e. Welding Splices 1. Procedures and electrodes as specified in AWS D12.1. B3001 - 2/4 08/03/2004 2. For bars No. 6 and smaller, use lap weld splices with fillet weld equal to one -half bar diameter on each side for four inches in length. 3. For bars No. 7 and larger, use butt weld splices in accordance with Figure 3.5, AWS D12.1 4. Prepare ends for butt - welding in the field, and deliver bars of sufficient length to permit this practice. f. All splices, whether lap, weld, mechanical, or coupler, to develop full strength of bar. PART 3 - EXECUTION 3.01 INSTALLATION A. Place reinforcing steel in positions indicated by PLANS and approved shop drawings. 1. Dimensions shown are to centers of bars, unless otherwise noted. 2. Hold bars securely in place with tie wires and other approved means during placing of concrete. a. In plans of steel parallel to nearest surface of concrete, bars not to vary from PLAN placement by more than one - twelfth of spacing between bars. b. In plans of steel perpendicular to nearest surface of concrete, bars not to vary from PLAN placement by more than one - quarter inch. 3. Do not use looped wire bar ties ( "pig tails "). 4. Do not tack weld reinforcing. 5. Space steel required distance from forms by approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved precast mortar or concrete blocks. a. For approval of plastic spacers, provide samples of plastic, which show no indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. b. Cast precast block, maximum 2 -1/2 inches square, to thickness required for proper reinforcement clearance from forms. 6. Use hot - dipped galvanized metal or plastic chairs to support all reinforcing steel. Except for use with pavement steel, chairs need not be galvanized. 7. Use heavy bolster to support bottom layer of reinforcing in abutment caps, bent caps, and other beams. 8. In bridge deck slab, use two rows of supports for bottom layer of reinforcing parallel to beams for each by between beams. Use high chairs to support top layer. 9. Clean all mortar, mud, dirt, etc. from reinforcement before placing concrete. B3001 - 3/4 08/03/2004 10. Protect exposed steel from corrosion. 11. Placement of steel to be inspected before concrete is placed. 3.02 MEASUREMENT AND PAYMENT A. No separate measurement and payment for work performed under this Item, except as indicated below. Include cost of same in Contract unit prices bid for items of which this work is a component part. B. Measure "Extra Reinforcing Steel," when approved by Engineer, by pound of calculated weight of steel actually placed. Pay for "Extra Reinforcing Steel" at Contract unit prices bid per pound of "Extra Reinforcing Steel" used. B3001 - 4/4 ITEM NO. B3005 — CONCRETE CONSTRUCTION PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work 1. Construction of concrete structures, except concrete pavement. 2. Contractor assumes responsibility for design of concrete. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE Make test specimens to maintain check on concrete strength throughout job. 1.03 SUBMITTALS Submit designs for strength. PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete: Ready mixed conforming to ASTM C94 or site mixed. 1. Cement a. ASTM C150, Type I. b. Use no caked cement. c. Deliver in bags for site -mixed concrete. d. Use only one brand of cement in any one structure. 2. Water: Free from oils, acids, alkalis, organic matter, salts, or other deleterious substances. 3. Coarse Aggregate a. Per ASTM C33. b. Maximum size 1 1 inch. 4. Fine Aggregate: Natural sand conforming to ASTM C33. 5. Admixtures: Air - entraining admixtures in accordance with ASTM C260. 6. Classification: B3005 - 1/5 Class Type Min. 28 -day Max. Water Min. Cement Consistency Air Content Compressive Content per (bags per cu. Range in (%) Strength (lbs. bag of Cement yard) Slump (in.) per sq. in.) (gal.) A Structural 3,000 6.25 5.25 2 to 4 21/2 to 4 B Slope 2,000 8.50 4.25 21/2 to 4 21/2 Protection Pipe 1,500 11.0 3.0 3 to 5 3 to 6 Blocking D Seal Slab - - 4.0 6 to 8 as needed Include in maximum water, free water in aggregate minus absorption of aggregate based on a thirty- minute absorption period. B. Reinforcing Steel: 1. Bars a. Per ASTM C150, Type I. b. Grade 40 or Grade 60 (deformed).,, 2. Welded Wire Fabric: Per ASTM A185. C. Expansion Joint: Preformed rubber or cork conforming to ASTM D1752. D. Curing Material: 1. Water: Free from oils, acids, alkalis, organic matter, salts, or other deleterious substances. 2. Cotton Mats: Filling material of cotton "bat" (min. 12 oz. per sq. yd.) with unsized cloth covering (min. 6 oz. per sq. yd.) E. Timber: Seasoned, of good quality and free from loose or unsound knots, knot holes, twists, shakes, or decay. F. Non - shrink Grout: Premixed grout which is non - metallic, non - corrosive and non- staining; containing specially selected silica sands, cement, shrinkage compensating agents, plasticizing and water reducing agents. 1. Conform to requirements of Corps of Engineers CRD- CR621 -82B. • 2. Yield of 0.9 cubic foot to 1.0 cubic foot per 100 pounds. 3. Mixing water per 100 pounds. a. Stiff: 2 gallons b. Plastic: 2 gallons c. Flowable: 21/2 gallons 4. Minimum 28 -day compressive strength of 8,000 psi. 5. Maintain grout temperature during placement between 50 °F and 90 °F. G. Polyethelene Film for Permanent Moisture Barrier: Minimum thickness .006 inch (six Mils) and high impact- strength rating. B3005 - 2/5 • H. Concrete Bonding Agent: "Daraweld -C" as manufactured by W.R. Grace and Co., or "Bond Crete -S" as manufactured by Burke Concrete Accessories, Inc. PART 3 - EXECUTION 3.01 CONSTRUCTION A. Forms 1. Timber: Mortar tight; smooth surface; true to line and grade and adequately braced. 2. Provide plywood or masonite surfaces for concrete faces to be rub finished. B. Mixing Concrete 1. Mix and deliver in accordance with ASTM C94. 2. Clean and maintain equipment for good operation. 3. Job -mix concrete in approved type mixer for minimum of 1' minutes for 1 cubic yard batch. Add 15 seconds for each half yard increase over 1 cubic yard batch. 4. Do not mix when air temperature is 40 °F and falling. C. Placing Concrete 1. General Requirements: a. Give notice before placement. b. Place in daylight hours. c. Discharge within one (1) hour after start of mixing. 2. Handling and Transporting: a. Use method to prevent segregation. b. Use buckets, chutes, buggies, pipes, or troughs. c. Protect against sun and wind, to prevent loss of slump and workability. d. Use of aluminum equipment not permitted. 3. Depositing: a. Continuous horizontal layers 12 inches thick. b. Limit free fall to 5 feet. c. Use tremies for free fall over 5 feet. d. Minimum temperature of all concrete at time of placement to be not less than 50 °F. e. Concrete temperature at time of placement not to exceed 85 °F, plus a maximum tolerance of 5 °F. f. Use retarding agent for air temperatures above 85 °F. g. Provide thermometer for temperature verification. h. Concrete work varying from requirements specified will be rejected. D. Curing Concrete 1. Cure for six consecutive curing days, except for high- early - strength concrete. 2. Cure high - early- strength concrete for three consecutive curing days. B3005 - 3/5 3. "Curing Day" is a calendar day whose temperature is above 50 °F for at least 19 hours. E. Form Removal 1. Remove forms under slabs, beams, or girders after seven days. 2. Remove all other forms after two days. F. Patching Concrete: Patch honeycomb and tie holes. G. Defective Work: Repair or replace at Contractor's expense immediately after form removal. H. Slab Finish: Wood float, or steel trowel as designated on PLANS. I. Rub - Finished Surfaces 1. Rub - finish exposed vertical and battered surfaces from 6 inches below final ground line of low water to top. 2. No rubbing required for structures extending 12 inches or less above ground or water. 3. Provide two rubbings: a. First with No. 16 carborundum stone. b. Second with No. 30 carborundum stone. 4. Finish to provide clean, smooth, uniform surface. J. Grout: One part Portland cement to two parts sand, by weight. K. Construction Joints: As shown or as approved. L. Reinforcing Steel 1. Bend, clean, place and tie in accordance with ACI Standards. 2. Splice bars only at locations shown on PLANS. 3. Lap bars in accordance with table shown on "Concrete Standards" sheet or as indicated or noted on drawings. M. Cleanup: Clean area from time to time during construction and clean area completely after completion of work. 3.02 MEASUREMENT AND PAYMENT A. No separate payment 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. B. "Extra Concrete ", when approved by Engineer, to be measured by cubic yard of concrete, complete in place. Pay to be at Contract unit Price per cubic yard for classes of "Extra Concrete" used. B3005 - 4/5 C. "Extra Reinforcing Steel ", when approved by Engineer, to be measured by pound of calculated weight of steel actually place. Pay to be at Contract unit price per pound of "Extra Reinforcing Steel" used. END OF ITEM B3005 - 5/5 08/03/2004 Il'EM NO. C3001 - PAINTING AND PROTECTIVE COATING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish and apply, as specified herein, paint and protective coatings to all surfaces, except steel water storage tanks, unless specifically excluded by this Item. B. Surfaces receiving paint include: 1. Equipment, machinery, and metal surfaces. 2. Interior surfaces, as noted in room finish schedule. 3. Concrete surfaces, including concrete blocks (when noted on PLANS). 4. .Threads on field- threaded galvanized pipe and conduit. 5. All cabinet and woodwork. 6. Interior concrete surfaces of lift station wet wells. C. Do not paint surfaces of stainless steel, aluminum, bronze, copper, and lead D. Galvanized Steel Surfaces: Paint only when required by Special Provision to this Item. 1.02 QUALITY ASSURANCE A. Manufacturer: All paints, sealers, and coatings to be manufactured by those firms listed in Table 2. Products of equal quality by other manufacturers will be considered, subject to review of written submittal that includes product data and a detailed paint and coating schedule. B. Workmanship 1. Employ only workmen skilled in surface preparation and painting. 2. Provide manufacturer's written instructions on cleaning and coating prior to any surface preparation or coating. C. Whenever possible, all coatings should be from single manufacturer. 1.03 SUBMITTALS A. Painting Schedule: Submit list indicating major items to be painted, preparation, paint manufacturer, product designation, and dry mil thickness B. Panels 1. Submit panels containing samples of proposed paints and coatings. Include C3001 - 1/7 08/03/2004 three displays of each kind and color of paint used. Panel to be representative of material to be coated. 2. Mark panels to indicate respective types of surfaces to which several kinds and colors of paint stain, and coating are applied. C. Samples: If requested by Owner, submit 1/4 pint of each kind of paint or stain proposed for use. Do not deliver materials to site until representative samples (if requested) have been approved. D. For all sealers and protective coatings, furnish Engineer with two sets of printed instructions and application sheets. 1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING Deliver to site in original sealed containers with manufacturer's label attached. Protect from sunlight and low temperatures. PART 2 - PRODUCTS 2.01 GENERAL A. Tables 1 and 2 in this Item include the paint, protective coatings, and sealers for this project. Furnish all such special materials required for the manufacturer's coating systems whether or not included in Tables. B. Colors: Owner reserves the right to select colors. Submit list of items to be painted and color charts for each type of surface. C. Safety Color Codes: Follow OSHA requirements of 29CFR, Part 1910.144 for "Safety Color Codes for Marking Physical Hazards." The following general requirements are set forth as a guide. 1. Red: Fire protection equipment, danger signs, and fire exit signs. Portable containers of flammable material to be red with yellow band or name of contents stenciled in yellow. 2. Orange: Moving or rotating parts of equipment protected by guards, including shafts and couplings, pulleys, and sprockets. (Do not paint wearing surfaces.) 3. Yellow: Caution signs and all physical hazards, including outside levers and weights on check valves, lower pulley blocks and hooks, sprockets and chains on valve operators, inside of openings adjacent to step or ladders, platforms provided for vertical ladders at transition levels, exposed unguarded edges of pits, platforms, and walls subject to being struck, and any piping or equipment extending into normal operating areas. 4. Green: To designate "Safety" and location of first -aid equipment such as gas masks, first -aid kits, and safety deluge showers. C3001 - 2/7 08/03/2004 5. Black and White: To indicate areas that must remain clear, such as areas around first -aid, fire fighting and other emergency equipment. PART 3 - EXECUTION 3.01 SURFACE PREPARATION A. Concrete Surfaces 1. Prior to painting, surfaces to be free of all latent matter, burrs, and fins, using one or more of the following methods. a. Wash concrete surfaces with 10 percent solution of muriatic acid, then wash clean and free of scale, mortar, dust, moisture, and other foreign matter. b. Sandblasting may be used only if machinery or other equipment in vicinity of work is adequately protected. Also, avoid settling of dust or grit on freshly painted surfaces. c. Remove oil and grease with detergent and thoroughly rinse with fresh water. 2. If curing compound is used, it must be removed prior to coating. B. Metal. Surfaces 1. Clean metal surfaces by sandblasting in shop as required by Table 1, and leave clean, dry, and ready to receive prime coat. Provide moisture separators to effectively remove all oil and free moisture from air supply. Remove all dust and sand from surfaces by brushing or blowing with clean, dry air, and remove all sand and grit around and between joints of connecting members. 2. Perform field sandblasting only if required to correct unsatisfactorily cleaned and shop -primed metal and when approved by Engineer. 3. Removal of Oil and Grease: Remove oil and grease with a solvent approved by coating manufacturer, or by steam combined with detergent. Use of gasoline, kerosene, naphtha, or carbon tetrachloride not permitted. 4. Brushing, Scraping, Grinding, and Chipping: In field work, if sandblasting is not possible, scrapers, wire brushes, and other suitable grinding or chipping tools may be used for removal of existing paint coatings prior to repainting, or for cleaning, before applying second coats. 5. Surfaces which have been cleaned but which have started to show signs of rust or dirt are to be cleaned again prior to coating at no additional expense to Owner. Surface to be coated on same day as cleaned. 3.02 APPLICATION OF PAINT AND PROTECTIVE COATINGS A. General: Use one convenient location for storing and mixing of materials, and keep fire extinguisher available in this area as long as location is used for such purpose. C3001 - 3/7 08/03/2004 Protect floors, and all other areas where work is done, with suitable drop cloths, and remove oily rags and waste from building at close of each day's work. On completion of operations, remove all spots, oil, and stain from all surfaces and leave entire project in clean condition as far as this work is concerned. Remove from premises all containers and debris resulting from this work. B. Thinners and Solvents: Use only those thinners and solvents specified in paint formulas of paint being used, and mix in proportions recommended by paint manufacturer. C. Coverage: As recommended by paint manufacturer, and sufficient to obtain minimum mil thickness specified. Do not exceed maximum thickness specified by manufacturer, if applicable. After final coat is applied, check with elecometer or Mikotest dry film thickness gauge. D. Drying Time: Between successive coats, allow drying time as specified by paint manufacturer. E. Brush Application 1. Brushes: Use first - quality hog hair or suitable synthetic bristle brushes. Use of horse hair bristle brushes not permitted. Keep brushes clean and free from accumulation of dried paint or dirt, and when brushes for oil or varnish base paints are not in use, keep them suspended in raw linseed oil bath. Clean brushes with turpentine or mineral spirits before reuse. 2. Application: Apply in uniform thickness consistent with specified coverage and with sufficient cross - brushing to ensure filling of surface irregularities. Exercise particular care in painting around bolt heads and nuts and in corners and other restricted spaces. F. Spray Application: Apply with adjustable air gun equipped with suitable water trap to remove moisture from compressed air, and with paint pot having hand agitator. Apply with width of spray not less than 12 inches or more than 18 inches, and with suitable pressure for particular type of paint being used. Make frequent checks to ensure correct spreading rate and coating, and apply without sags, runs, or "orange peel" effect. Correct all such imperfections. Take special care to cover edges, corners, and bolt heads, without bridging over of paint film. G. Metal Surfaces 1. Shop -prime metal surfaces prior to delivery to jobsite. 2. After delivery and prior to installation, keep all coated metal surfaces clean and free from corrosion. Clean and touch up or repaint damaged areas with additional primer. 3. After erection or installation of metal work, clean and touch up all rust spots, all places where primer has been rubbed or scraped off, and all bolts and nuts. After previously applied paint has hardened, and when surfaces to C3001 - 4/7 08/03/2004 receive succeeding coats of paint have been cleaned and dried, apply finish paint in accordance with Tables 1 and 2. Allow 5 days or more as recommended by coating manufacturer for hardening of final coat for submerged surfaces. 4. Factory- Finished Equipment: After installation of factory- finished machinery and electrical equipment, check base coats carefully and touch up all damaged surface areas. Do not paint nameplates, serial number bases, chrome, or bronze trim. Clean off any excess paint that impairs convenient removal of covers on gauges, instrumentation, or other equipment fitted with doors or covers. 5. Factory -Primed Equipment: Delay final field coating to manufacturer's primed equipment until equipment has been installed and is in proper working order in accordance with the applicable Item. H. Provide protection for adjacent property or properties from windblown sandblasting sand, paint, and other debris. Schedule field operations to avoid settling of dust or grit on freshly painted surfaces, and adequately protect machinery or other equipment in vicinity of sandblasting work. I. Provide Engineer with necessary equipment for access to observe all areas before first coat and after each coat. J. Provide Engineer with proper safety equipment for observation. K. Provide adequate ventilation for proper curing. 3.03 SPECIAL REQUIREMENTS A. Cast iron or ductile iron piping and valves for interior and exterior installation with a factory - applied bitumastic or asphaltum varnish coating to be solvent and power brush cleaned (remove all globules of bituminous material) and coated with compatible material prior to finish system. If finish system not applied within 24 hours, surfaces to be retreated. Sandblasting is not required. B. Provide electrical flaw detection equipment such as a Tinker Rasor Holiday Detector to test areas of coatings to be submerged. Test to be performed before equipment is put into operation. 3.04 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. C3001 - 5/7 08/03/2004 TABLE NO. 1 SYSTEM SCHEDULE Table No. 2 -- Material Reference Type of 1st 2nd 3rd Minimum Total Surface Exposure Cleaning Primer Coat Coat Coat Mil Thickness Exterior Manufacturer's 1 — WA Clay or Brick Spec. Masonary Exterior Manufacturers 2 4 4 3.0 -- Concrete Block Spec. (Finish Coat) Buildings Concrete 3.0 Block Interior Para 3.01 A. -- 3 4 4 (Finish Coat) Walls Concrete Walls Interior Para 3.01 A. -- 3 4 4 3.0 and Ceilings (Finish Coat) Exterior Manufacturer's Wood & Spec. 10 11 11 — 4.5 Interior Metal Doors, Exterior Frames and & NACE -#4 18 9 -- -- 4.0 Windows Interior Structural and Misc. Steel, Exterior NACE -#2 16 18 9 -- 7.0 Control Panels Structural and Misc. Steel, Interior NACE -#3 16 17 -- -- 5.5 Control Panels Piping and Interior NACE -#3 16 17 -- __ 5.5 Valves Exterior NACE -#2 16 18 9 7.0 Factory Finished Exterior Hand Machinery, & Clean 5* 8" 8 ** -- 4.5 Electrical and Interior Motors * ** Galvanized Solvent Interior 15 17 -- -- 2.9 Steel Cleaning Galvanized Steel and Solvent Galvanized Exterior Cleaning 15 18 9 -- 4.4 Pipe Conduit Threads Wastewater Treatment Plant Equip. Submerged NACE - #2 7 13 13 -- 22 Piping * * ** Steel Sheet Submerged NACE -#2 7 13 13 — 22 Piling Potable Water Treatment Plant Submerged NACE -#2 7 12 — — 8.0 Equipment, Piping* Valves and , Bolting on C.I. Buried -- 14 14 -- 32 Pipe Wastewater Interior Para. 3.01 A. 6 13 13 — 22 Wet -Well Surfaces * Optional: Use manufacturer's standard primer if compatible with specified finish coats. ** Optional: Use manufacturer's standard finish coat. * ** Use coating system per equipment item specified. * * ** Coating must have AWWA approval. Note: NACE - Reference to National Association of Corrosion Engineers. C3001 - 6/7 - 08/03/2004 TABLE No. 2 Paint. Sealer and Coating Schedule Min. Dry Mils Per Symbol Coat* Service Generic Type Brand and Manufacturer 1 NA Primary Sealer Chemical Penetrant 46 -V -6 Silikote Water Repellent -Mobil 2 NA Weatherproof Primary Acrylic Emulsion 600 Emulsion -- Koppers Concrete & Marsonary Sealer Filler 79 -W -1 Exterior Latex Primer - Valspar Amercoat 5625 - Ameron Cook Corocryl 827 Series 3 NA Primary Sealer Vinyl - Acrylic Emulsion 600 EMulsion -- Koppers Concrete & Marsonary with epoxy esters Filler 79 -W -8 Block Filler -- Valspar Amercoat 5625 - Ameron Cook Corocryl 304 Block Filler 4 1.5 Finish Coat Acrylic Emulsion Koppers -600- Koppers 79 Series Exterior Latex - Valspar Americoat 5801 - Ameron Cook Corocryl 827 Series • 5 1.5 Metal Primer Alkyd,Zinc Chromate Penetrating Primer No. 622 -- Koppers 13 -R -50 Chromox Primer - Valspar Amercoat 5105 Ameron Cook Co -Poly Primer 920 -Y -134 Inorganic Coatings, Inc. P21 Epoxy 6 2.0 Metal Primer Polyamide -Cured Expoy 654 -Epoxy Primer - Koppers 13 -R -56 Epoxy Primer Resin Valspar Amercoat 71- Ameron Cook Co -Poly Primer 920 -Y -134 Inorganic Coatings, Inc. P21 Epoxy 7 2.0 -4.0 Metal Primer Polyamide -Cured Expoy Epoxy Coating Hi- Gard - Koppers 78- Series High (as recommended) Resin Build Epoxy with 50% Valspar 7 -T -35 Valspar Amercoat 395(off White)- Ameron Cook Epicon MW 920 -W -965 Inorganic Coatings, Inc. P21 Epoxy 8 1.5 Finish Coat Alkyd, Straight Long -Oil Rustarmor 500 Enamel -- Koppers 12 Series Panorama Coatings - Valspar Amercoat 5401 Ameron Cook 801 Enamel 9 2.0 Finish Coat Aliphatic Urethane Inorganic Coating, Inc. P35 Urethane Dupont Imron 326 Devoe -Napko 369 Pruthane 10 1.5 Wood Primer Oil Base Thin Rustarmor 500 with 15% Koppers 400- - Koppers 17 -W -4 Exterior First Coater - Valspar Cook 307 11 1.5 Finish Coat Alkyd, Straight Long -Oil Rustamor 500 Enamel -- Koppers 20 Series M. F. Enamel - Vaspar Cook 801 Enamel Amercoat 5401 - Ameron 12 4.0 & 6.0 Submerged Steel or Polyamide -Cured Epoxy Epoxy Coating Hi -Gard Koppers 78- Series High (as recommended) Iron, and Concrete Resin Build Epoxy - Valspar Amercoat 395 (White) Ameron Cook Epicon MW 930 -W -965 Inorganic Coatings, Inc. P29 Coal Tar Epoxy 13 10.0 Submerged Steel or Coal -tar Epoxy Two 300 -M -- Koppers Co. 578 -J -1 High Build Coal Tar Iron Componet Epoxy - Valspar Amercoat 330 Ameron Cook Coal Tar Epoxy 920 -B -950 Inorganic Coatings, Inc. P29 Coal Tar Epoxy 14 16.0 Buried Steel or Iron Tar -base Pitch Bitumastiv No. 50 -- Koppers 35 -J -10 High Build Bituminous Coating Valspar 15 0.4 Galvanized metal Vinyl Wash Primer 40 Passivator -- Koppers 13 -Y -8 Val -Chem Vinyl primer Wash Primer - Valspar Amercoat 178 Inorganic Coatings, Inc.B11 Wash Primer Cook 900 -Y -002 Vinyl Wash Primer 16 3.0 Steel Above Ground & High Ratio Silicate Inorganic Coatings, Inc. IC531 Dupont 347 WB AboveWayerline Inorganic Zinc Inorganic Zinc Devoe -Napko Zinc Prime 9z 17 2.5 Steel Interior Ployamide Cured Epoxy Inorganic Coatings Inc. P24 Epoxy Cupont Corlar Resin 823 Devoe -Napko 545 Epoxy 18 2.0 Intermediate Finish Epoxy Primer Inorganic Coatings, Inc. P21 Epoxy Dupont Corlar 823 Devoe -Napko Chemfast 545 Buff Or Manufacturer's standard, whichever is greater. Do not exceed manufacturer's maximum standard, if applicable. " For potable water use. C3001 - 7/7 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 ANSFAWWA 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 ANSUAWWA C151/A2151. 2. Thickness Class As shown on PLANS and minimum for flanged pipe per ANSUAWWA C150/A21.50. C. Fittings, Flanges, and Joint Material 1. Fittings: Per ANSUAWWA C110 /A21.10. 2. Flanges: ANSUAWWA C1151A21.15. 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 ANSUAWWA 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 ANSUAWWA 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 ANSUAWWA 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 ANSUAWWA 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. 10/13/2005 ITEM NO. J2002 - WELL POINT SYSTEM PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish, install, operate and maintain well point system to control groundwater in excavations when requested by Contractor and approved by Engineer. B. Related Work Specified Elsewhere: Per Item A2003 "Structural Excavation and Backfill" or Item J2001 "Construction of Underground Lines." PART 2 - PRODUCTS Not required for this Item. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS. A. Install well point system parallel to trench line. B. Operate well point system in advance of and during excavation. Continue operation until backfilling is completed. C. Discharge pumped water into storm sewer system or drainage swale away from excavation. D. Upon removal of well point system, backfill holes with select backfill or sand. 3.02 MEASUREMENT AND PAYMENT A. Measurement: "Well Point System" per linear foot parallel to trench line, regardless of whether one or more well point system(s) are used. B. Payment: Pay for "Well Point System" measured as stated above, at Contract unit price bid. C. No payment for "Well Point System" which does not successfully dewater trench. No separate payment for dewatering trench due to rainfall during construction. J2002 - 1/1 06/27/2013 ITEM -NO. J2003 - HYDROSTATIC TESTING OF PRESSURE LINES PART 1 GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish and perform all operations in connection with hydrostatic testing of pressure lines. B. Time of Testing: After pipe has been laid and backfilled, except prior to replacement of pavement, newly laid pipe to be subjected to hydrostatic testing described herein. PART 2 PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS A. Test Pressure: Any Section being tested, apply pressure such that, at highest point in section, pressure to be 125 pounds per square inch or pressure specified by Special Provision to Item. B. Permissible Leakage: Leakage not to exceed that determined from the following formula: ND 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. 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 25 percent, test to continue for not less than 18 additional hours. J2003 - 1/2 06/27/2013 PART 3 EXECUTION 3.01 TESTING A. Procedure: Fill each valved section of pipe slowly with water and apply specified test pressure, measured at point of highest elevation, by means of pump connected to pipe. Furnish pump, pipe connections, and necessary apparatus, gauge, and meters. Furnish necessary labor and assistance for conducting test, all subject to approval by Engineer. B. Expelling Air Before Test: Before applying specified test pressure, expel air form pipe. To accomplish, make taps in pipe, if necessary, at points of highest elevation. On completion of tests, taps to be tightly plugged with brass fittings. C Examining Under Pressure: At intervals during test, inspect route of pipe to disclose leakage greater than that specified; located and repair defective joints or defective pipe until test proves that leakage is within specified allowance. 3.02 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract prices for items of which this work is a component. J2003 - 2/2 10/13/2005 ITEM NO. J3009 - DISINFECTION OF WATERLINE PART 1 - GENERAL 1.01 SCOPE Disinfection: Disinfection of new waterlines on initial fill of pipe, including connections to existing sections of work where required. 1.02 QUALITY ASSURANCE A. Standard Specifications: AWWA C -651 shall be utilized for the controlling specifications for disinfections of the water system. B. Bacterial Analysis 1. The City having jurisdictional authority shall be given the opportunity to have a representative present when the samples are taken for bacteriological analysis. Twenty -four hours notice shall be given to the City's Water and Sewer Department prior to taking samples. 2. Following disinfections and flushing, make bacteriological analysis to check effectiveness of disinfections. Methods of bacteriological analysis are as specified in the Standard Methods for Examination of Water and Wastewater by the American Public Health Association latest edition. No main placed in service or accepted until water samples approved by Texas or accepted until water samples approved by Texas Department of Health. The owner shall have a representative present when the samples are taken for bacteriological analysis. Twenty -four hours notice shall be given to the Owner prior to taking samples. PART 2 - PRODUCTS Chlorination agents to be chlorine gas -water mixture or calcium hypo chlorite in water per AWWA C651. J3009 - 1/2 Std. 11/18/03 PART 3 - EXECUTION 3.01 APPLICATION A. General: Furnish pump, pipe connections, and necessary apparatus, gauges, and meters. Furnish necessary labor, assistance, and chlorinating agent for disinfection. B. Application Procedure: Apply chlorinating agent in water through suitable solution feed device. Place solution feed device at or near beginning point from which line is being filled. Inject through corporation cock tapped in horizontal axis pf newly laid pipe. Slowly fill section to be sterilized, and proportion rate of application of chlorinating agent to rate of water entering lien so that chlorine dose applied to water is at least 50 mg /1. Retain chlorine treated water in line until completion of hydrostatic testing but not less than 24 hours. Following chlorination, flush treated water from lines until replacement water has chlorine content not more than 0.1 mg /1 in excess of residual water from supplying line, and in any event not more than 0.2 mg /1 total. 3.02 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract unit price for other items of which this work is a component. J3009 - 2/2 Std. 10/13/2005 ITEM NO. J3022 - RESILIENT SEATED GATE VALVES - 4 -INCH THROUGH 12- INCH FOR WATER DISTRIBUTION SYSTEMS PART 1 - GENERAL 1.01 SCOPE OF WORK A. Furnish and install iron -body, bronze - mounted, nonrising stem gate valves which are intended for use in approximate level setting on buried water distribution system pipelines. B. Related Work Specified Elsewhere: As specified in Item No. J2001 - "Construction of Underground Lines, or other related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Valves to be manufactured in accordance with ANSI/AWWA C509 unless otherwise specified hereinafter. B. Valve shall be seat tested at the rated working pressure of 200 psi with no leakage. Shell test of 400 psi shall be applied to body with valve in the open position with no leakage through the metal, flanged joints, or stem seals. C. Valves shall be available with various ends designed for connection to piping specified. Mechanical joints are to be per ANSI/AWWA C111 /A21.11 and include MJ accessories. 1.03 PRODUCT DELIVERY STORAGE AND HANDLING In accordance with AWWA C500, Section 31. PART 2 - PRODUCTS GENERAL 2.01 VALVE CONSTRUCTION A. Sealing mechanism shall provide zero leakage at the water working pressure against line flow from either direction and be designed such that no exposed metal seams, edges, screws etc., are within the waterway in the closed position (all rubber surfaces). The rubber covered gate shall not be wedged into a pocket nor slide across the seating surface to obtain tight closure. J3022 - 1/3 Std. 04/26/2005 B. The stem shall be vertical and furnished with dual O -rings above the stem collar for an inside screw design. Another 0-ring shall be provided underneath the stem collar to seal bearing surfaces from line content. The area between the 0-rings shall be filled with lubricant. Anti - friction washers shall be provided at the stem collar for inside screw design: C. Outside screw and yoke style valves shall have asbestos -free packing with bronze packing gland. Bonnet opening for stem shall be bronze bushed to allow repacking if necessary while valve is in fully open position. D. All internal and external ferrous surfaces of the valve, including the interior of the gate, shall be coated with epoxy. Coating to be applied to castings prior to assembly to insure all exposed area, including bolt holes and flange face surfaces, will be covered. Grade II, III, IV, and XI bronze not permitted where subject to contact by water. E. Inside screw valves may be fitted with bonnet flange for mounting indicator post if desired. Bonnet bolts and glands to be cadmium plated. F. Provide mechanical joint valve ends for use with PVC or ductile iron pipe and flanged valve ends for use with steel pipe or steel cylinder reinforced concrete pipe, unless noted otherwise on PLANS. Pipe size, wall thickness, working pressure, thickness class, or other pertinent information is furnished under applicable pipe specification or notes on PLANS. 2.03 VALVE BOX CONSTRUCTION A. Material: Cast iron, ASTM 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 if flush with surrounding surface. E. Lid: Cast with word "WATER." PART 3 - EXECUTION 3.01 INSTALLATION A. General: Make valve installation in accordance with applicable provisions of other items pertaining to construction of lines and as follows: J3022 - 2/3 Std. 04/26/2005 1. Place valves at locations shown on PLANS. Install valves and valve boxes plumb, with valve boxes directly over valve stems. 2. Before installation of valves, clean foreign material from interior of valves. Open and close valves to insure that they are in good working order. Do not backfill valves until tested with lines. Adjust glands with pressure on valve. 3. Install valves on 6 -inch thick x 18 -inch square precast concrete base. 4. Bolts, nuts, and washers on buried flanged valves to be epoxy coated. 5. Wrap all valves with polyethylene film in accordance with AWWA C105/A21.5. 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure gate valves with valve boxes ( "Gate Valve and Box ") and support blocking per each, for each size valve furnished and installed. B. Payment: Pay for gate valves with valve boxes and support blocking, measured as stated, at Contract unit price bid for respective sizes. J3022 - 3/3 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. 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. J3025 - 2/3 Std. 08/03/2004 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 I f - n &iY s t gi$3"3114441 :14"11 fel • • - � i 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 X101444 • • I e QUALIFICATION STATEMENT SUBMITTED TO CITY OF PORT ARTHUR BY [Corporation, Co- Partnership, An Individual] PRINCIPAL OFFICE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor (b) As a sub - contractor 3. What projects has your organization completed? Contract Class of g When - Name and Address Amount Work Completed of Owner APPENDIX B 4. Have you ever failed to complete any work awarded to you? If so, where and why? 5. In what manner have you inspected this proposed work? Explain in detail. 6. Explain your plan or layout for performing the proposed work: 7. The work, if awarded to you, will have the personal supervision of whom? (a) For administrative management? (b) For resident construction superintendence? (c) What experience in this type of work is enjoyed by the superintendent designated under (b) above? 8. What portions of the work do you intend to sub -let? APPENDIX B 9. What equipment do you own that is available for the proposed work? t Description, Size * ° 0 0 - - 0 . Years of t 4 Present �Qry. I item 'Capacity, Etc, *Condition Service 0 Location 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? APPENDIX B 11. List the construction projects your organization has underway on this date: Contract Class Of e f 4 Percent ry Name and Address of Owner Amount rt r Work r Complete dr Contracting Officer Dated at this day of , 20_. BY: TITLE: APPENDIX B Sitrivaimmi udaiA,9*( • 4 i 4.8'40,4 7111.1$#$ 4,0(1014340_ .'. ° 1 1 4 • • • } ` f OWNER PROVIDED MATERIALS . 5 4 § , ' , DESCRIPTION OTY UNITS 16" FLG TEE 1 EA. 16" FLG 90 2 EA. 16" x 12" FLG REDUCER 2 EA. 12" x 10" FLG REDUCER 2 EA. 16" PLATED BOLT KIT 5 EA. 12" PLATED BOLT KIT 8 EA. 10" PLATED BOLT KIT 6 EA. 12 "x2'- 0 "FxFSPOOL 2 EA. 12" x 5'-0" F x F SPOOL 2 EA. 10" x 2' -0" F x F SPOOL 2 EA. 12" KROHNE OPIFLUX 2100 MAG METER 2 EA. 10" WATT BACKFLOW W/ OS & Y VALVES 2 EA. 10" FLMA W/ AMR (METERS) 2 EA. 12" GATE VALVE 1 EA. 12" FLG 90 1 EA. APPENDIX C j I • • 1 • • t • -1. • I. • • { I ; • • • • • • E i t ; 1 • I • • • • • • I i �I• • 1 • • • t R .� ..+ - f. Exhibit "C" (City Invoice) INVOICE p CITY of PORT ARTHUR P.O. BOX 1089 • PORT ARTHUR TEXAS 77641 -1089 TO: LLC SABINE PASS LIQUEFACTION INVOICE NO: 88661 ATTN: RANDY PARR DATE: 10/21/13 700 MILAM, SUITE 800 HOUSTON, TX 77002 CUSTOMER NO: 16647/17884 TYPE: CH - SABINE PASS LIQUEFACTION QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 SABINE PASS LIQUEFACTION 115,000.00 115,000.00 SABINE PASS METERING FACILITY WITH PLACO, LTD. PURCHASE ORDER NO. 16435 TOTAL DUE: $115,000.00 PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 10/21/13 DUE DATE:11 /20/13 NAME: SABINE PASS LIQUEFACTION, LLC CUSTOMER NO: 16647/17884 TYPE: CH - SABINE PASS LIQUEFACTION REMIT AND MAKE CHECK PAYABLE TO: City of Port Arthur P.O. Box 1089 Port Arthur TX 77641 -1089 INVOICE NO: 88661 TERMS: NET 30 DAYS AMOUNT: $115,000.00