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Home My WebLink AboutPR 17951: ALLCO, L.L.C. MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Floyd T. Johnson, City Manager y_ FROM: John Tomplait, Acting Asst. Director of Utility Operations DATE: October 7, 2013 RE: Proposed Resolution No. 17951 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 17951 authorizing the execution of a contract for the Highway 87 Water System Improvements from Keith Lake to Sabine Pass Standpipe with ALLCO, L.L.C., of Beaumont, Texas, in the total amount of $3,373,385.00. BACKGROUND This project will extend 16 "/20" water transmission main from Keith Lake along SH 87 South to the Sabine Pass Standpipe. This is a key step in improving the reliability and capabilities of the public water system serving the Sabine Pass area. This will also be a part of the system that helps supply water to Sabine Pass Liquefaction /Cheniere LNG facility. A mandatory pre -bid meeting was held on September 18, 2013, and the following four bids were received on October 2, 2013, and the lowest responsive bid was submitted by ALLCO, L.L.C. Bidder Total Bid ALLCO, L.L.C. $3,373,385.00 Beaumont, TX MK Constructors, LLC. $3,710,400.00 Vidor, TX S &J Construction Co. $5,031,486.37 Jacksonville, AR Excavators & Constructors, LTD. $5,242,523.00 Port Arthur, TX BUDGET /FISCAL EFFECT This project will be funded by Sabine Pass Liquefaction Purchase Order No.16448, and charged through a City Account No. 429 - 1258 - 532.59 -00, and Project No. WSI002. SUMMARY I recommend that the City Council approve Proposed Resolution No.17951. P. R. No. 17951 10/07/13 jt RESOLUTION NO. Page 1 A RESOLUTION AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE HIGHWAY 87 WATER TRANSMISSION LINE PROJECT FROM KEITH LAKE TO SABINE PASS STANDPIPE WITH ALLCO, L.L.C., OF BEAUMONT, TEXAS, NOT TO EXCEED $3,373,385.00, ACCOUNT 429 - 1258 - 532.59 -00, PROJECT NO. WSI002. WHEREAS, in order to supply drinking water demands for the Sabine Pass Liquefaction LNG facility, the City of Port Arthur will contract for the installation of a Water Transmission Line along Highway 87 South from Keith Lake to the Sabine Pass Standpipe; and, WHEREAS, the Utility Operations Department, Arceneaux & Gates Consulting Engineers, and the Purchasing Division have solicited bids for this project; and, WHEREAS, the bids have been evaluated by Arceneaux & Gates Consulting Engineers, the Utility Operations Department and Purchasing (Recommendation & Bid Tabulation attached as Exhibit "A "); and, WHEREAS, ALLCO, L.L.C., of Beaumont, Texas has submitted the lowest responsive bid for this work; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, The City Manager is authorized to execute the attached contract (Exhibit `B ") with ALLCO, L.L.C. in the total amount of $3,373,385.00, which total amount includes the base amount and the contingency amount under the contract; and, THAT, the contract shall be executed after receipt of funds in the amount of $3,373,385.00 from Sabine Pass Liquefaction as agreed in the Water Service Agreement between the City and Sabine Pass Liquefaction and as identified in Sabine Pass Liquefaction's Purchase Order No. 16448 for this segment of the project; and, THAT, such funds shall be used only to make payments as required under this contract; and, P. R. No. 17951 10/07/13 jt Page 2 THAT, an invoice, copy attached as Exhibit "C ", showing Sabine Pass Liquefaction Purchase Order No. 16448, shall be submitted to Sabine Pass Liquefaction to fund this contract; and, THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , 2013 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Deloris Prince Mayor ATTEST: APPROVED AS TO FORM: \rJ- Sherri Bellard Valecia i eno City Secretary City Attorney P. R. No. 17951 10/07/13 jt Page 3 APPROVED FOR ADIVIINISTRATION: Floyd T. Johnson • awna Tubbs, CPPB City Manager Purchasing Manager ;l Ross E. Blackketter, P.E. •hn • . Tompla! Director of Public Works Ac g Asst. Director of Utilities APPROVED AS TO AVAILABILITY OF FUNDS: Deborah Echols C /ndint:8/ Grp Ya[ _ Gtu ec Director of Finance Account No.: 429 - 1258 - 532.59 -00 Project No.: WSI002 Exhibit "A" (A &G Recommendation & Bid Tabulation) ED ARCENEAUX & GATES ARCENEAUX Consulting Engineers, 1 Inc. GATES A Burrow Global Company Engineers • Surveyors • Planners October 3, 2013 Mr. Ross Blackketter, PE Public Works Director City of Port Arthur 444 Fourth Street Port Arthur, Texas 77640 RE: RECOMMENDATION OF AWARD OF CONTRACT State Highway 87 Water System Improvements from Keith Lake to Sabine Pass Standpipe A&G Job No. CPA - 705 Dear Mr. Blackketter: On October 2, 2013 the City of Port Arthur received four (4) sealed bids for State Highway 87 Water System Improvements from Keith Lake to the Sabine Pass Standpipe in Port Arthur, Texas. The bids were opened at 3:15 pm and the results read aloud in the public bid opening. The bids were checked for errors and tabulated. All Bidders acknowledged receipt of Addendum No.1. All Bidders also submitted proof of Bid Surety and Statements of Bidders Qualifications with their bids as required. No substitutions were submitted. It was found that ALLCO, LLC of Beaumont, Texas submitted the lowest responsive Total Amount Bid in the amount of $3,373,385.00. A copy of the certified Bid Tabulation is enclosed for your information. 2901 Turtle Creek Dr., Suite 320 Port Arthur, TX 77642 Phone: 409/724 -7888 Fax: 409/724 -1447 ARCENEAUX GATES CONSULTING ENGINEERS. INC. We have worked with ALLCO, LLC on projects in the past and have been pleased with the quality of work performed by the contractor. Based on our past working history with the contractor we recommend that the City of Port Arthur award the contract for State Highway 87 Water System Improvements from Keith Lake to the Sabine Pass Standpipe to ALLCO, LLC on the basis the lowest responsive Total Amount Bid in the amount of $3 Should you have any questions or require additional information, please contact our office. Very truly yours, ARCENEAUX & GATES CONSULTING ENGINEERS, INC,, A BURROW GLOBAL COMPANY TEXAS REGISTERED ENGINEERING FIRM F -$O Keestan Cole, PE Staff Engineer Attached: Bid Tabulation CC: Floyd Johnson -City of Port Arthur John Tomplait -City of Port Arthur John Comeaux- City of Port Arthur ALLCO, LLC BID TABULATION For The � ' STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS ARCENEAUX FROM KEITH LAKE TO SABINE PASS STANDPIPE To Serve & GATES The City of Port Arthur Job No.: CPA -706 CONSULTING BIOS OPENED: October 2, 2013 at 3:15 P.M. ENGINEERS, INC. A BURROW GLOBAL COMPANY ALLCO, LLC MK CONSTRUCTORS LLC S &J CONSTRUCTION CO. EXCAVATORS & BEAUMONT,TX VIDOR, TX JACKSONVILLE, AR CONSTRUCTORS, LTD. PORT ARTHUR, TX Base Bid Items QTY. Unit Price Amount Unit Price , Amount Unit Price Amount Unit Price Amount 1. Mobilization 1 $ 100,000.00 $ 100,000.00 $ 167,500.00 $ 167,500.00 $ 200,000.00 $ 200,000.00 $ 402,600.00 $ 402,600.00 2. 16 -Inch PVC, C -905 15,600 $ 51.50 $ 803,400.00 $ 48.25 $ 752,700.00 $ 52.36 $ 816,816.00 $ 63.35 $ 988,260.00 3. 16 -Inch Gate Valve & Box 13 $ 5,980.00 $ 77,740.00 $ 6,750.00 $ 87,750.00 $ 7,080.85 $ 92,051.05 $ 6,976.00 $ 90,688.00 4. 20 -inch, DR -11 HDPE 10,715 $ 178.00 $ 1,907,270.00 $ 190.00 $ 2,035,850.00 $ 308.67 $ 3,307,399.05 $ 295.60 $ 3,167,354.00 5. 20 -Inch Gate Valve & Box 1 $ 11,650.00 $ 11,650.00 $ 14,950.00 $ 14,950.00 $ 15,908.37 $ 15,908.37 $ 13,625.00 $ 13,625.00 6. Tunnel Construction with 24 -Inch Steel Casing 150 $ 201.50 $ 30,225.00 $ 475.00 $ 71,250.00 $ 531.83 $ 79,774.50 $ 382.00 $ 57,300.00 7. 3-Inch Air Release Valve with Manhole 12 $ 5,030.00 $ 60,360.00 $ 9,350.00 $ 112,200.00 $ 7,723.95 $ 92,687.40 $ 8,185.00 $ 98,220.00 8. Fire Hydrant Assembly 8 $ 4,430,00 $ 35,440.00 $ 4,200.00 $ 33,600.00 $ 4,981.25 $ 39,850.00 $ 5,120.00 $ 40,980.00 9. Design of Trench Safety System 1 $ 500.00 $ 500.00 $ 4,500.00 $ 4,500.00 $ 20,000.00 $ 20.000.00 $ 600.00 $ 600.00 10. Trench Safety System, All Depths 15,600 $ 1.00 $ 15,600.00 $ 1.00 $ 15,600.00 $ 2.00 $ 31,200.00 $ 0.50 $ 7,800.00 11. Traffic Control 1 $ 7,800.00 $ 7,800.00 $ 88,900.00 $ 88,900.00 $ 15,000.00 $ 15,000.00 $ 46,000.00 $ 46,000.00 Subtotal Base Bid Items $ 3,049,985.00 $ 3,384,800.00 $ 4,710,686.37 $ 4,913,407.00 Supplemental Items QTY. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 12. Extra -Bank Sand 10 $ 20.00 $ 200.00 $ 50.00 $ 500.00 $ 20.00 $ 200.00 $ 20.00 $ 200.00 13. Extra Class "A" Concrete 10 $ 150.00 $ 1,500.00 $ 300.00 $ 3,000.00 $ 150.00 $ 1,500.00 $ 150.00 $ 1,500.00 14. Extra- Cement Stabilized Sand 10 $ 40.00 $ 400.00 $ 50.00 $ 500.00 $ 30.00 $ 300.00 $ 50.00 $ 500.00 15. Well Point 10,000 $ 30.00 $ 300,000.00 $ 30.00 $ 300,000.00 $ 30.00 $ 300,000.00 $ 30.00 $ 300,000.00 16. 16 -Inch Gate Valve & Box 2 $ 7,500.00 $ 15,000.00 $ 7,500.00 , $ 15,000.00 $ 7,500.00_ $ 15,000.00 $ 7,500.00 $ 15,000.00 17. 16 -Inch Ductile ironRestrained Joint Tee 2 $ 1,200.00 $ 2,400.00 ,. $ 1,200.00 , $ 2,400.00 $ 700.00 $ 1,400.00 $ 2,100.00 $ 4,200.00 18. Extra 90 Degree, 16 -Inch Fittings 3 $ 700.00 $ 2,100.00 $ 800.00 $ 2,400.00 $ 500.00 $ 1,500.00 $ 1,357.00 $ 4,071.00 - 19. Extra 45 Degree, 16 -Inch Fittings 3 $ 600.00 $ 1,800.00 $ 600.00 $ 1,800.00 $ 300.00 $ 900.00 $ 1,215.00 $ 3,645.00 Subtotal Supplemental Items $ 323,400.00 $ 325,600.00 $ 320,800.00 $ 329,116.00 TOTAL AMOUNT BID $ 3,373,385.00 $ 3,710,400.00 $ 5,031,485.37 $ 5,242,523.00 ARCENEAUX & GATES CONSULTING ENGINEERS, INC., � A BURROW GLOBAL COMPANY ,;� N." � TEXAS REGISTERED ENGINEERING FIRM w � i3.4 ' '''''''.;,140. T 1 :, k t's * F -30 * ad 1 r " q��u.1; 9�; a *• .14 4 EESTAN X. COS ;, K eestan Cate, P.E. 3•1,l1=0:4 - Qo11 uop) «g„ jIaigx CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE to Serve CITY OF PORT ARTHUR PORT ARTHUR, TEXAS [Non - Federally Funded Project] JOB NO. CPA -705 CONTRACT NO. 1 CITY OF PORT ARTHUR Jefferson, TEXAS SEPTEMBER 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 STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE to Serve CITY OF PORT ARTHUR PORT ARTHUR, TEXAS [Non - Federally Funded Project] JOB NO. CPA -705 CONTRACT NO. 1 CITY OF PORT ARTHUR Jefferson, TEXAS SEPTEMBER 2013 a„ ='AF p f 1 X 11 f P KEESTAN X. COLE r, ` : : r : e . ;14LL5 / ; �' 9 -/ ktitti ` . p ,,c , TEXAS A 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 STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE to Serve CITY OF PORT ARTHUR PORT ARTHUR, TEXAS JOB NO. CPA -705 CONTRACT NO. 1 TABLE OF CONTENTS A. STANDARD FORM OF AGREEMENT FOR OWNER - CONTRACTOR B. ADVERTISEMENT AND INVITATION FOR BID C. INSTRUCTION TO BIDDERS FOR CONSTRUCTION D. BID E. BID BOND F. GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS 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 CPA Non - Federally Funded 1N31N33ZUOV L3VU1NO3 NOI10f1$11SNO3 V N01133S 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 "OWNER" or "CITY" and a(n) [individual, firm, partnership or corporation) herein acting by and through hereinafter called "CONTRACTOR ". WTTNESSETH: 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 STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE 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 270 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 Sal8 VOA 11N3W3S1J.$3AOV e NOLL33S 1 1 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 4 Floor of City Hall, 444 4 Street, Port Arthur, Texas, until 3:00 p.m. on Wednesday, October 2, 2013, and all bids received will thereafter be opened and read aloud at 3:15 p.m. on Wednesday, October 2, 2013, at City of Port Arthur City Hall 444 4 Street, 5 Floor Council Chamber, Port Arthur, Texas, for the construction of STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE 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 less 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 less than the general prevailing wage rates which have been established by B -1 the City of Port Arthur, Texas, pursuant to Chapter 2258 of the Texas Government Code, as amended 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. CONTRACTOR'S 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 STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE 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: Wednesday, September 18, 2013 at 2:00 p.m. at the City of Port Arthur City Hall, 5` Floor Conference Room, 444 4" 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 8, 2013 2nd Advertisement - September 15, 2013 B -3 6213001S 0.1.4 NOLLVIA1/104/41 s 9 9, 9 4. • ;; #1.0.444.4444.it;;;;00*1;4 • • 1 • * I 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 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: 2 :00 p.m., on Wednesday, September 18, 2013, at the City of Port Arthur City Hall 444 4 Street, 5 Floor Conference Room, Port Arthur, Tx 77640. The purpose of the MANDATORY PRE -BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the MANDATORY PRE -BID CONFERENCE will be rejected and returned unopened to the Bidder. C -8 018 0 NOI L3]S 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 STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE, in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within 270 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of 500 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 Mobilization, Bonds, Insurance, Onsite Facilities, Complete. 1. 1 L.S. @ $ $ Per Lump Sum 16 -Inch, Polyvinyl Chloride (PVC) Pipe AWWA C -905, Pressure Class 165, DR- 25 with Tracer Wire System, All Depths, 2. 15,600 L.F. Complete in Place. @ $ $ Per Linear Foot 16 -Inch, Gate Valve and Box (GV &B), Complete in Place. 3. 13 EA. @ $ $ Per Each 20 -Inch, DR -11 High Density Polyethylene (HDPE) with Tracer Wire System Installed by Directional Drill, 4. 10,400 L.F. Complete in Place. Per Linear Foot 20 -Inch, Gate Valve and Box (GV &B), Complete in Place. 5. 1 EA. @ - $ $ Per Each D -2 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount Tunnel Construction with 24 -Inch A -36 Steel Casing all depths, Complete in Place. 6. 150 L.F $ $ Per Linear Foot 3 -Inch D -060 -C HF Air Release Valve Assembly with Manhole, Complete in Place. 7. 13 EA. @ $ $ Per Each Fire Hydrant Assembly, Complete in Place. 8. 9 EA. @ Per Each $ $ Design of Trench Safety System, Complete. 9. 1 L.S. @ Per Lump Sum $ $ Trench Safety System, All Depths, Complete in Place. 10. 15,600 L.F. @ Per Linear Foot $ $ SUB -TOTAL AMOUNT BID $ D -3 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount SUPPLEMENTAL ITEMS Extra -Bank Sand, Complete in Place. ($20.00)* 11. 10 C.Y. Per Cubic Yard $ $ Extra Class "A" Concrete, Complete in ($150.00)* Place. 12. 10 C.Y. @ Per Cubic Yard $ $ Extra - Cement Stabilized Sand, Complete ($30.00)* in Place. 13. 10 C.Y. @ Per Cubic Yard $ $ Well Point, Complete in Place. ($30.00)* 14. 10,000 L.F. Per Linear Foot $ $ 16 -Inch, Gate Valve and Box (GV &B), ($7,500.00)* Complete in Place. 15. 2 EA. @ $ $ Per Each 16 -Inch, Ductile Iron Restrained Joint ($700.00)* Tee, Complete in Place. 16. 2 EA. @ $ $ Per Each D -4 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount Extra 90 Degree, 16 -Inch Compact ($500.00)* Ductile Iron Fittings, With Restrained Joint, Complete in Place. 17. 3 EA. @ $ $ Per Each Extra 45 Degree, 16 -Inch Compact ($300.00)* Ductile Iron Fittings, With Restrained Joint, Complete in Place. 18. 3 EA. @ $ $ Per Each *Figures in parentheses represent minimum unit prices for Supplemental Item. SUB -TOTAL BASE BID ITEMS $ SUB -TOTAL SUPPLEMENTAL ITEMS $ TOTAL AMOUNT BID $ D -5 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, October 2, 2013 (SEAL, IF BIDDER IS A CORPORATION) (ATTEST) D -6 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 -7 BID OPENING DATE: Wednesday, October 2, 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 -8 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 -9 -*6 4*-4,4006;416.6.0.66. #N*- ei i 6666 /46441641114440414 *644.4146 • l i • I z j • 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 BID, 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 i. r • 1 1 • • . i 1 1 1 1 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 City of Port Arthur 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 17. Materials, Services and Facilities 18. CONTRACTOR'S Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. CONTRACTORS 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 CITY OF PORT ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. F -5 } 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. 14. GUARANTEE OF WORK F -7 a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be F -8 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-1 1 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(0 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 City of Port Arthur Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer (ten)10 working days prior to the next scheduled City of Port Arthur Council meeting to prepare an estimate of the work • completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced 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 City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the F -20 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. 56. PROTECTION OF WORK AND PROPERTY -- EMERGENCY F -21 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, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis Bacon Act on F -22 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 liquidated damages. Such liquidated damages shall be computed with respect to each F -23 individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of Ten Dollars ($10.00) for each calendar day on which such employee was required or permitted to work in excess of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (a). c. Withholding for Liquidated Damages: The OWNER shall withhold or cause to be withheld from any monies payable on account of work performed by the CONTRACTOR or Subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such CONTRACTOR or Subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). d. Subcontracts: The CONTRACTOR shall insert in any Subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts which they may enter into, together with a clause requiring this insertion in any further Subcontracts that may in turn be made. 63. EMPLOYMENT OF APPRENTICES/TRAINEES a. Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. b. Trainees: Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level F -24 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 o f this Contract. 71. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls of the CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2) (B) of the Davis -Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the F -26 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. 76. EMPLOYMENT PRACTICES F -27 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 1950, the Federal Water Pollution Control Act and the Housing Act of 1959), and in the enforcement F -28 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 examination and check as may be made, such statement, or a copy thereof, shall be kept F -30 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. e. Any deduction contributing toward the purchase of United States Defense Stamps and F -31 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. 84. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR F -32 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. 89. EQUAL OPPORTUNITY PROVISIONS (E.O. 11246) F -33 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. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of F -34 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 Each Trade - 8% Each Trade - 8% F -35 These goals are applicable to all the CONTRACTOR'S construction work (whether or not it is federal or federally assisted) performed in the covered area. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. (3) The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the geographical area in which the Contract is to be performed. (4) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is City of Port Arthur, Jefferson County, Texas. D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): (1) As used in these Specifications: (a) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of `Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (d) "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or F -36 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. (6) In order for the non - working training hours of apprentices and trainees to be counted in F -37 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 and penalties shall be in violation of these Specifications and Executive Order 11246, as F -40 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 Development and is subject to the requirements of Section 3 of the Housing and Urban F -41 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 City of Port Arthur. 92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT _ F -42 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 Labor, Washington, D.C. 20210. The Such laborers and mechanics shall be paid the Administrator, or an authorized representative, will appropriate wage rate and fringe benefits on the approve, modify, or disapprove every additional wage determination for the classification of work classification action within 30 days of receipt and actually performed without regard to skill, except 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 appropriate) determined pursuant to subparagraphs of direct Davis -Bacon Act contracts. (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 benefit or an hourly security number of each such worker, his or her pay another bona fide fringe bene 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)(1). 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 the ratio permitted under the registered program pursuant to 24 CFR Part 24. 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. (ii) Equal employment opportunity. The utilization of (iii) The penalty for making false statements is prescribed in apprentices, trainees and journeymen under this the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. 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 action or upon written request of an authorized 11. Complaints, Proceedings, or Testimony by Employees. representative of the Department of Labor withhold No laborer or mechanic to whom the wage, salary, or or cause to be withheld, from any moneys payable other labor standards provisions of this Contract are on account of work performed by the contractor or applicable shall be discharged or in any other manner subcontractor under any such contract or any other discriminated against by the Contractor or any Federal contract with the same prime contract, or subcontractor because such employee has filed any any other Federally- assisted contract subject to the complaint or instituted or caused to be instituted any Contract Work Hours and Safety Standards Act proceeding or has testified or is about to testify in any which is held by the same prime contractor such proceeding under or relating to the labor standards sums as may be determined to be necessary to applicable under this Contract to his employer. satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated B. Contract Work Hours and Safety Standards Act. As damages as provided in the clause set forth in used in this paragraph the terms "laborers" and paragraph (2) of this paragraph. "mechanics" include watchmen and guards. (4) Subcontracts. The contractor or subcontractor (1) Overtime requirements. No contractor or sub- shall insert in any subcontracts the clauses set forth contractor contracting for any part of the contract in subparagraph (1) through (4) of this paragraph work which may require or involve the and also a clause requiring the subcontractors to employment of laborers or mechanics shall require include these clauses in any lower tier subcontracts. or permit any such laborer or mechanic in any work The prime contractor shall be responsible for week in which he or she is employed on such work compliance by any subcontractor or owner tier to work in excess of eight hours in such work week subcontractor with the clauses set forth in unless such laborer or mechanic receives subparagraphs (1) through (4) of this paragraph. compensation at a rate of pay for all hours worked in excess of eight hours in any calendar day or in C. Health and Safety excess of forty hours in such workweek, whichever (1) No laborer or mechanic shall be required to work in is greater. surroundings or under working conditions which are (2) Violation; liability for unpaid wages; liquidated unsanitary, hazardous, or dangerous to his health damages. In the event of any violation of the and safety as determined under construction safety clause set forth in subparagraph (1) of this and health standards promulgated by the Secretary paragraph, the contractor and any subcontractor of Labor by regulation. responsible therefore shall be liable for the unpaid wages. In addition, such contractor and (2) The Contractor shall comply with all regulations subcontractor shall be liable to the United States (in issued by the Secretary of Labor pursuant to Title the case of work done under contract for the District 29 Part 1926 (formerly part 1518) and failure to of Columbia or a territory, to such District or to such territory), for liquidated damages. Such comply may result in imposition of sanctions liquidated damages shall be computed with respect pursuant to the Contract Work Hours and Safety to each individual laborer or mechanic, including Standards Act. (Public Law 91 -54, 83 Stat 96). watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this (3) The Contractor shall include the provisions of this paragraph, in the sum of $10 for each calendar day Article in every subcontract so that such on which such individual was required or permitted provisions will be binding on each subcontractor. to work in excess of eight hours or in excess of the The Contractor shall take such action with respect standard workweek of forty hours without payment of the overtime wages required by the clause set to any subcontract as the Secretary of Housing and forth in sub paragraph (1) of this paragraph. Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own F -49 98. DELAY, DISRUPTION OR OTHER CLAIMS Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly(but in no case later than ten(10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten(10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. F -50 4 • . / f • i 1 j . BRG . 1?rl 4 4 ere 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 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 wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the G -3 wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes,'then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: G -4 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION • G -5 4 s i N o a„Imati ,314, 6404 - 11 11 ,,6011$$ :$ { t � 1 SUPPLEMENTAL CONDITIONS OF THE AGREEMENT - PART A A. NAME AND LOCATION OF PROTECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE 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 STATE HIGHWAY 87 WATER SYSTEM IMPROVEMENTS FROM KEITH LAKE TO SABINE PASS STANDPIPE. The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning or any subsidiary item which is customarily furnished, and the Contractor shall deliver the installation to the OWNER in operating condition. C. PLANS. Sheet No. Title 1 Cover Sheet 2 Legend and Construction Notes 3 -6 Project Layout 7 -16 Plan & Profile 17 Overall Bore 18 -20 Plan & Profile 21 Overall Bore 22 -34 Plan & Profile 35 Overall Bore 36 -43 Plan & Profile 44 Overall Bore 45 -51 Plan & Profile 52 Overall Bore 53 -55 Plan & Profile 56 Overall Bore 57 -65 Plan & Profile 66 -67 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 H -1A 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 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 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. I. 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 • �� 4 * 6k 141'4 bbit 0 04. 0 4 11 6 k 1°1 { • 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. I -2 It., otep4 111 11 1 1111 444 • . 1 - i 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 IN NI NoLL3a* 1 (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE OF AWARD" HERE t tiovz - 13 * ,'i , 1. (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE TO PROCEED" HERE 3'�11Nit 4,1 4 t t o ; I 1::: ` l X111 N+IS _ ,A _ . f I c i I l t i (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "INSURANCE" HERE • • 4 _ r t if kk' 4 0' 14 04 14i 44° a 44. 4;0 . 00 4 _ sg' i t tirippwiNIcAtt s.pEdiFocAtIoNt 10/13/2005 ITEM NO. A2001 — CLEARING AND GRUBBING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Remove and dispose of trees, stumps, brush, roots, logs, vegetation, rubbish, and other objectionable matter from project area. Project area is defined as all easements and that portion of street rights -of -way necessary to allow construction of the facilities proposed in this Contract, including those areas needed for disposal of excess excavated material. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 - PRODUCTS Not required for this Item. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS A. Clear and grub trees, stumps, brush, roots, logs, vegetation, and rubbish within project area except trees, shrubs, and other landscape features designated to remain, and protect same against damage and trim when necessary. Clear stump holes of refuse and loose earth; backfill and compact to density of surrounding ground. B. On embankment areas, remove stumps, roots, and objectionable materials to a depth of one foot below existing natural ground surface. C. Dispose of all refuse from clearing operation off site. Obtain required permits from various governmental agencies involved. Bury no refuse on Owner's property. On areas other than embankment, remove stumps and roots to depth of two feet below natural ground. D. For pavement construction, strip grasses to a depth 2- inches below existing grade and spoil off site. 3.02 MEASUREMENT AND PAYMENT A. No separate pay for work performed under this Item except as indicated below. Include cost of same in Contract price bid for work of which this is a component part. A2001 - 1/2 10/13/2005 B. Proposal will indicate if clearing and grubbing is a pay item. If so, measure by acre or lump sum as indicated in PROPOSAL. C. Pay for "Clearing and Grubbing" at Contract price bid as measured. Such payment to be full compensation for work as described herein. A2001 - 2/2 Std. 08/03/2004 ITEM NO. J1003A - POLYVINYL CHLORIDE (PVC) WATER TRANSMISSION PIPE (14" - 24 ") PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Furnish Polyvinyl Chloride (PVC) Pressure Pipe of size(s) shown on PLANS for use in water supply and distribution systems. B. Related Work Specified Elsewhere: Item J2001 - "Construction of Underground Lines." 1.02 QUALITY ASSURANCE A. The manufacturer shall pressure test all pipe, including the joint, that is marked with the designation number of AWWA C905 -88 at 73.4 Deg. F. +/- 3.6 Deg. F. (23 Deg. C. +/- 2 Deg. C.). Each length of pipe shall be proof tested at twice the pressure rating listed in Table 3 Transmission -Pipe Pressure Rating of AWWA C905 -88 Sec. 4.6 Pressure Strength and Hydrostatic Proof Testing. B. Field Tests: Waterline shall be tested in accordance with Item J2003 - "Hydrostatic Testing of Pressure Lines." C. Related Documents 1. AWWA C905 -88; Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. Through 36 In. 2. ASTM D1784; Standard Specification for Rigid Polyvinyl Chloride (PVC) Compounds and Chlorinated Polyvinyl Chloride (CPVC) Compounds. 3. ASTM D2122; Standard Method of Determining Dimensions of Thermoplastic Pipe and Fittings. 4. ASTM D3139; Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals. 5. ASTM F477; Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. PART 2 — PRODUCTS J1.003A - 1/3 Std. 08/03/2004 2.01 MATERIALS A. This product specification covers 14 -inch (356 mm) nominal diameter through 24 inch (610 mm) nominal diameter polyvinyl chloride (PVC) potable water transmission pipe with integral bell and spigot joints. The pipe shall be extruded from Class 12454 -A or 12454 -B PVC compound as defined in ASTM D -1784 and provide for a hydrostatic design basis (HDB) of 4,000 psi (27.58 MPa). The pipe outside diameters shall conform to dimensions of cast iron pipe (CI). All pipe furnished shall be in conformance with American Water Works Association (AWWA) Standard C905 -88, or latest revision thereof. B. Pipe shall be homogenous throughout. It shall be free from voids, cracks, inclusions, and other defects. It shall be as uniform as commercially practical in color, density, and other physical properties. Pipe surfaces shall be free from nicks and scratches. Joining surfaces of spigots and joints shall be free from gouges and imperfections that could cause leakage. C. Except as noted on the plans or procurement specifications for specific jobs, all C905 PVC pipe shall have a pressure rating of 235 PSI and a dimension ratio of 18 or have the highest pressure rating available for each size of pipe. D. Dimensions and tolerances for each nominal pipe size shall be in accordance with Table 2 Dimensions for PVC Transmission Pipe with CI Outside Diameter of Section 3 Pipe Requirements in AWWA C905 -88. All pipe shall be suitable for use as a pressure conduit. E. Pipe shall be furnished in standard laying lengths of 20 feet plus or minus 1 inch (6.1 m +/- 25 mm) unless otherwise noted. Each pipe shall have an integral bell formed on the pipe end, and be designed to be at least as strong as the pipe wall. F. An elastomeric gasket shall be designed with a retainer ring which locks the gasket into integral bell groove and shall be installed at the point of manufacture. The dimensions and design of the gasket joint provided for the PVC transmission pipe shall meet requirements provided in ASTM D3139 and ASTM D2122. The gasket shall be reinforced with a steel band and shall conform to ASTM F477. G. Each length of pipe furnished shall bear identification markings that will remain legible after normal handling, storage, and installation. Markings shall be applied in a manner that will not weaken or damage the pipe. Markings shall be applied at intervals of not more than 5 ft. (1.5 m) on the pipe. The minimum required markings are given in the list below. Marking requirements shall be in conformance with Section 4.7 Marking Requirements of AWWA C 905 -88. 1. Nominal size and OD base (for example, 24 CI) J 1003A - 2/3 Std. 08/03/2004 2. PVC 3. Dimension Ratio (for example, DR 25) 4. AWWA pressure rating (for example, PR 165) 5. AWWA designation number for this standard (AWWA C905) 6. Manufacturer's name or trademark. 7. Manufacturer's production code, including day, month, year, shift, plant, and extruder of manufacture. H. Pipe shall be bundled in pallets for ease of handling and storage. Pipe bundles (units) shall be packaged to provide structural support to insure that the weight of upper units shall not cause deformation to pipe in lower units. No pipe bundles shall be accepted which show evidence of ultraviolet radiation "sunburn" on exposed pipe as may be caused from extended unprotected storage conditions. I. The manufacturer shall take adequate measures during pipe production to assure compliance with AWWA C905 -88 by performing quality- control tests and maintaining results of those tests as outlined in Section 4: Inspection and Testing of that standard. Submission of shall constitute certification of compliance with AWWA C905 -88 Section 4: Inspection and Testing. PART 3 - EXECUTION 3.01 INSTALLATION A. Trenching and Backfill: To be in accordance with Item J2001 - "Construction of Underground Lines." B. Joining: Use elastic gasket joints, providing a watertight seal. Assembly of joints to be per manufacturer's recommendation. 3.02 MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with Item J2001 "Construction of Underground Lines." J1003A - 3/3 08/03/2004 ITEM NO. J1005 - HIGH DENSITY POLYETHYLENE (HDPE) PIPE PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Furnish and install high - density polyethylene pipe and fittings of size(s) shown on plans for use in potable waterline construction. B. Related Work Specified Elsewhere: Item J2001 - "Construction of Underground Lines." 1.02 QUALITY ASSURANCE TESTS: Waterlines shall be tested in accordance with item J2003 - "Hydrostatic Testing of Pressure Lines." PART 2 — PRODUCTS 2.01 MATERIALS A. Materials used for the manufacture of HDPE pipe and fittings shall be extra high molecular weight, high density PE 3408 polyethylene resin: The material shall be listed by PPI (Plastics Pipe Institute, a division of the Society of the Plastics Industry) in PPI TR -4 with a 73 degree F hydrostatic design basis of 800 psi. The PPI listing shall be in the name of the pipe manufacturer and shall be based on ASTM D 2837 testing. B. Pipe: Pipe supplied under this specification shall have a nominal DIPS (Ductile Iron Pipe Size) OD unless otherwise specified. The DR (Dimension Ratio) and the pressure rating of the pipe supplied shall be as specified by the engineer. The pipe shall be produced from approved HDPE pipe grade resin with the nominal physical properties outlined in Section III. Pipe having a diameter 3" and larger will be made to the dimensions and tolerances specified in ASTM F 714. C. Fittings: HDPE fittings shall be in acdor4dance with ASTM D 3261 and shall be manufactured by injection molding, a combination of extrusion and machining, or fabrication from HDPE pipe conforming to this specification. The fittings shall be fully pressure rated and provide a working pressure equal to that of the pipe with an included 2:1 safety factor. The fittings shall be manufactured from the same base resin type and cell classification as the pipe itself. The fittings shall be homogeneous J1005 - 1/3 08/03/2004 throughout and free from cracks, holes, foreign inclusions, voids, or other injurious defects. PART 3 - EXECUTION 3.01 INSTALLATION A. Trenching and Backfill: To be in accordance with Item J2001 - "Construction of Underground Lines." B. Jointing: Sections of polyethylene pipe shall be joined by the butt fusion process into continuous lengths at the job site. The joining method shall be the heat fusion method and shall be performed in strict accordance with the pipe manufacturer's recommendations. The heat fusion equipment used in the joining procedures should be capable of meeting all conditions recommended by the pipe manufacturer. Properly executed electrofusion fittings may be used. Extrusion welding or hot gas welding of HDPE shall not be used for pressure pipe applications or fabrications where shear or structural strength is important. Mechanical joint adapters, flanges, unions, grooved- couplers, transition fittings, and some mechanical couplings may be used to mechanically connect HDPE pipe. Refer to the manufacturer's recommendations. C. Pipe Packaging, Handling and Storage: The manufacturer shall package the pipe in a manner designed to deliver the pipe to the project neatly, intact, and without physical damage. The transportation carrier shall use appropriate methods and intermittent checks to insure the pipe is properly supported, stacked, and restrained during transport such that the pipe is not nicked, gouged, or physically damaged. Pipe shall be stored on clean, level ground to prevent undue scratching or gouging. If the pipe must be stacked for storage, such stacking shall be done in accordance with the pipe manufacturer's recommendations. The pipe shall be handled in such a manner that it is not pulled over sharp objects or cut by chokers or lifting equipment. Sections of pipe having been discovered with cuts or gouges in excess of 10% of the pipe wall thickness shall be cut out and removed. The undamaged portions of the pipe shall be rejoined using the heat fusion joining method. Fused segments of pipe shall be handled so as to avoid damage to the pipe. Chains or cable type chokers must be avoided when lifting fused sections of pipe. Nylon slings are preferred. Spreader bars are recommended when lifting long fused sections. J1005 - 2/3 08/03/2004 3.02 MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with Item J2001 - "Construction of Underground Lines." J1005 - 3/3 10/13/2005 ITEM NO. J2001 - CONSTRUCTION OF UNDERGROUND LINES PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish all plant, labor, equipment, supplies, supervision and tools, and perform all operations required for construction of underground lines. B. Related Work Specified Elsewhere: Item J2002 "Well Point System ", Item J2003 "Hydrostatic Testing of pressure Lines ", Item J3003 "Timber Ordered Left in Trench ", Item J3006 "Cement- Stabilized Sand Backfill, Item J3024 "Bank Sand Backfill ", and Item J3045 "Trench Excavation and Shoring Safety Plan." 1.02 QUALITY ASSURANCE A. Field Observation: Pipe installed in the permanent work to be placed in the presence of Engineer or his authorized representative. B. Testing of Gravity Sanitary Sewer Line: Leak tests of gravity sewer lines to be per Item J2005 "Low Pressure Air Test - Sanitary Sewer Lines." C. Testing of Pressure Lines: To be tested per Item J2003, "Hydrostatic Testing of Pressures Lines." 1.03 METHODS OF CONSTRUCTION A. Control of Work: Contractor shall be responsible for the control of his work. Engineer reserves the right to verify this control. Contractor may use laser equipment for control. B. For Lines Laid on Grade: Lay and maintain pipe to required lines and grades with specials at required locations, and with joints centered and spigots "home." Lay all lines on grade from downstream to upstream or as directed by Engineer. C. For Lines not Laid to Grade: Lay and maintain pipe and fittings to alignment shown on PLANS. Minimum cover (measured from top of pipe) at street intersection, 5 feet; minimum cover below flow line of drainage ditches, 1 foot 6 inches; minimum cover at other locations, 3 feet 6 inches. Vary depth uniformly to maintain required clearances and depths shown on PLANS. J2001 - 1/7 10/13/2005 PART 2 - EXECUTION 2.01 EXCAVATION AND TRENCH PREPARATION A. General: Excavate trench to alignment and depth required. Brace trench and drain as required so work may be accomplished safely and efficiently. All excavations shall be in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." B. Width of Trench for Pipe Less than 30 -inch: Minimum width of outside barrel of pipe plus 12 inches, maximum width of outside barrel of pipe plus 18 inches. For pipes 30- inch and larger, minimum width of outside barrel of pipe plus 24 inches. Excavate and maintain sides of trench vertical for 2 feet above pipe. Above this level, trench may be gently sloped back. Protect existing pavements or utilities as necessary. C. Pipe Foundation: For ordinary bedding, excavate pipe trench to even grade and shape to closely fit lower part of pipe exterior for width of at least 50 percent of pipe breadth to provide uniform bearing for entire length of pipe and provide depressions for bell ends of each pipe. Excavate to grade required for shell, aggregate, or other special bedding. D. Correcting Faulty Grade: Correct any portion of trench excavated below grade with approved material. E. Bell Holes: Provide bell holes of ample dimensions to permit proper jointing. F. Braced and Sheeted Trenches: Sheet and brace all excavations in excess of 5 feet depth to prevent caving. Increase trench width as required and leave sheeting in place until pipe has been laid and backfill compacted to depth of 2 feet over pipe. Sheet and brace in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." G. Care of Surface Material for Reuse: Keep surface material approved for reuse separate from general excavation material. H. Manner Stockpiling Excavated Material: Stockpile excavated material so as not to endanger work or cause interference with public street and driveways. Keep drainage channel clear or provide other satisfactory means of drainage. I. Open Trench: Engineer may limit amount of trench opened or partially open at any time in advance of completed pipe laying operation, and amount of trench left unfilled. Open not more than 100 feet of trench on any street at one time. Keep streets open where possible. J. Disposition of Defective Materials: Remove rejected backfill materials from excavation operations and dispose of off job site at Contractor's expense. J2001 - 2/7 10/13/2005 K. When requested by Contractor and approved by the Engineer to dewater sewer trench because of groundwater conditions, install, operate, and maintain adequate well point systems in accordance with Item J2002 "Well Point Systems." 2.02 PIPE HANDLING A. .Handling and Storage: Unload pipe, fittings, and other accessories at point of delivery: haul to and distribute at site of project. Load and unload materials by use of hoists, skids, or other approved means to avoid damage. Distribute for convenient laying and to cause minimum inconvenience to public. B. Inspection: Before lowering and while suspended, inspect pipe for defects. Inspect rigid pipe tapping with Light hammer to detect cracks. C. Pipe Kept Clean: Remove foreign matter from pipe and keep clean by approved means during and after laying. 2.03 PIPE LAYING A. Unsuitable Conditions for Laying Pipe: Lay no pipe in water or when trench condition or weather is unsuitable for such work unless specifically approved by Engineer. B. Nonpressure Concrete and Vitrified Clay Pipe: Nonpressure concrete and vitrified clay pipe shall be installed with Class "A" beddings shown in this item. Lay pipe with ends abutting and true to line and grade. Fit and lay pipe to form smooth and uniform invert. Clean sockets prior to lowering into trench. Commence laying of pipe at lowest point so that spigot ends point in direction of flow. C. Ductile Iron Pipe: Lay ductile iron pipe using either "Ordinary" bedding Class "A" bedding where specified on PLANS and described in this item, with bell ends facing direction of laying. D. PVC and ABS Piping: 1. Sanitary Sewer Construction - PVC and ABS pipe shall be installed using Class "C" Bedding as shown in this item. 2. Waterline Construction - PVC pipe shall be installed using Class `B" Bedding as shown in this item. E. Other Pipe: Lay other types of pipe in accordance with applicable provisions of this or other TECHNICAL SPECIFICATIONS. F. Cutting Pipe: Cut cast or ductile iron pipe with wheel -type cutters or cold chisel. Flame cutting of cast iron pipe riot allowed. Make cuts in a neat and workmanlike J2001 - 3/7 10/13/2005 manner without damage to pipe and so as to leave a smooth end at right angles to axis of pipe. Field cutting of PVC and A.B.S. type resin pipe to be per pipe manufacturer's recommendations. G. Temporary Plug: When pipe laying operation is halted, seal open end of pipe with temporary plug. Plug to remain in place until pipe laying operation commences again. 2.04 PLUGGING DEAD ENDS Insert standard plug into bells of all dead ends of pipe. 2.05 CONCRETE BLOCKING Thrust blocking to be used for pressure pipelines at bends, tees, points where reducers or changes in pipe diameter occurs, fire hydrants or flushing valves, and all plugged openings. Use Class "C" concrete having compressive strength not less than 1,500 pounds per square inch. Place blocking against solid ground, with area of bearing of pipe and on ground in each instance as required. Place blocking so that pipe and fitting joints will be accessible for repair. For gravity pipelines, use Class "C" concrete minimum of 6 inches on all sides of pipe for encasing, embedding, or blocking where indicated. Use all materials, including aggregate, cement, and water, and mix and place concrete in accordance with applicable concrete item. 2.06 BACKFILLING A. Time of Backfilling: As soon as practicable after completion of laying and jointing pipe, backfill trench. Trench to be completely backfilled to a point not more than 100 feet behind pipe laying operation. B. Materials: Trenches to be backfilled with select material from the sewer trench excavation, or obtained from other sources, free from stones which will interfere with compaction and free of large lumps which will not break down readily under compaction. Do not use material excavated in large lumps or which cannot be easily broken down or which cannot be spread in loose layers. Materials excavated by trenching machine will generally be suitable for use as backfill. 1. Bank sand backfill, where designated on PLANS, to be in accordance with Item J3024 "Bank Sand Backfill." 2. Cement - stabilized sand, where designated on PLANS, to be in accordance with Item J3006 "Cement- Stabilized Sand Backfill." C. Backfill Procedure at Pipe Zone: In pipe zone, when designated on PLANS, use bank sand, cement stabilized sand or select backfill material, free from rocks and rock fragments, and deposit in trench simultaneously on both sides of pipe for full width of J2001 - 4/7 10/13/2005 trench and to elevation of 12 inches above the top of barrel of pipe. Moisten if necessary, tamp in thin (approximately 4 -inch) layers, and thoroughly compact under and on each side of pipe to provide solid backing against external surface of pipe. Walking or working on completed pipeline, except as necessary in tamping or backfilling, not permitted until trench has been backfllled at least 12 inches over top of pipe. Backfill to be compacted to 95 percent in accordance with ASTM D698. Approximate optimum moisture content to be maintained during compaction. D. Backfill Procedure Above Pipe Zone: Place backfill above previously defined pipe zone in accordance with following applicable procedure. 1. For trench through or within 5 feet of existing, proposed or future asphaltic concrete, concrete, asphalt- topped concrete, flexible base with asphalt topping, shell or gravel surfaces either public or private roads, streets or driveways, place cement - stabilized sand backfill above pipe zone in approximate 12 inch layers. Thoroughly compact each 12" layer with a vibratory compactor or roller prior to placing additional layers of cement stabilized said. Bring compacted backfill up to bottom of pavement subgrade 2. For trench located in areas other than those previously stated, and not designated for improvement, place select backfill above pipe zone in 6 to 8 inch layers at near or optimum moisture and thoroughly compact to a density of 90 percent of the maximum in accordance with ASTM D698. E. Rock and Rock Fragment Exclusion: Allow no rock or rock fragment in backfill for at least one foot above top of pipe and allow no stone larger than 8 inches in its greatest dimension in backfill. F. Deficiency of Backfill: Supply any deficiency in quantity of materials for backfilling trenches or for filling depressions caused by settlement. 2.07 RESTORATION OF SURFACES Replace or repair sidewalks, driveway culverts, inlets, curbing, gutters, shrubbery, trees, fences, sod, and other like obstructions removed or disturbed, to condition equivalent to that existing prior to commencement of this work. Use concrete having compressive strength in 28 days of not less than 3,000 pounds per square inch in the replacement of curbing, gutters, inlets, and sidewalk. Use reasonable care in removal and replacement of shrubbery and trees designated to be replaced at original locations. Where at all possible, ditch alignment will be such as to minimize this work. Where tree or shrub deemed sufficiently valuable to save is encountered in excavation, ball in burlap, set aside in wet sand or puddling pit and later reset as required. Contractor not held responsible for subsequent care of plant. Restoration of asphalt- topped flexible base and concrete streets as specified under other items of TECHNICAL SPECIFICATIONS or PLANS. J2001 - 5/7 10/13/2005 2.08 CLEAN -UP Remove from site of work, and from public and private property, temporary structures, rubbish, and waste materials, including excess excavated materials. Dispose of surplus earth as shown on PLANS. Complete cleanup not greater than 500 feet behind pipe laying operation. Pipe - laying operation to be suspended temporarily if complete clean up is further behind than 500 feet. 2.09 MEASUREMENT AND PAYMENT A. For Gravity Pipelines: Measure by linear foot from center of manhole to center of manhole to center of manhole, exclusive of pipe installed in tunnel or augered hole construction, special structures, or other special sections, along pipe of size and at depth installed. Measure depth at manholes, at intervals not to exceed 50 feet between manholes, and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center or pipe. Pay for gravity pipelines, furnished, installed, and measured as stated, at Contract unit prices bid for size and depth measured. B. For Pressure Pipelines: Measure by linear foot from center line of fitting to center line of fitting, exclusive of pipe installed in tunnel construction, special structures, or other special sections, along pipe of size and type installed. If depth of cut is shown on PROPOSAL, measure depth at intervals not to exceed 50 feet and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center of pipe. If depth of cut is not shown on PROPOSAL, no consideration made for depth at which pipe is installed. Pay for pressure pipelines, furnished, installed and measured as stated, at Contract unit prices bid for size and type (and depth, if shown of PROPOSAL) measured. C. Concrete Blocking: No separate payment for concrete used for blocking, backing, encasement, or embedding. D. Rock Excavation: No separate payment for rock excavation when rock is encountered in trenching operation. E. Concrete Curbs, Gutters, and Sidewalks: Measured concrete used in repairing curbs, gutters, and sidewalks by cubic yard in place. Pay for concrete used in repairing curbs, gutters,- and sidewalks, measured as stated in Contract unit prices bid for "Extra Concrete" of class installed. F. Street and Driveway Surfacing: As per applicable Item of 'TECHNICAL SPECIFICATIONS or PLANS. J2001 - 6/7 10/13/2005 G. Restoration of Other Surfaces: No compensation for restoration of surfaces, other than those specifically shown above. H. Bedding and Backfill: No separate payment for bedding and backfill called for under Paragraph 2.06. I. Cement - Stabilized Sand and Bank Sand Backfill: No separate payment for Cement - stabilized Sand and Bank Sand Backfill called for under Paragraph 2.06. J2001 - 7/7 Std. 10/13/2005 ITEM NO. J2002 - WELL POINT SYSTEM PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish, install, operate and maintain well point system to control groundwater in excavations when requested by Contractor and approved by Engineer. B. Related Work Specified Elsewhere: Per Item A2003 "Structural Excavation and Backfill" or Item J2001 "Construction of Underground Lines." PART 2 - PRODUCTS Not required for this Item. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS. A. Install well point system parallel to trench line. B. Operate well point system in advance of and during excavation. Continue operation until backfilling is completed. C. Discharge pumped water into storm sewer system or drainage swale away from excavation. D. Upon removal of well point system, backfill holes with select backfill or sand. 3.02 MEASUREMENT AND PAYMENT A. Measurement: "Well Point System" per linear foot parallel to trench line, regardless of whether one or more well point system(s) are used. B. Payment: Pay for "Well Point System" measured as stated above, at Contract unit price bid. C. No payment for "Well Point System" which does not successfully dewater trench. No separate payment for dewatering trench due to rainfall during construction. J2002 - 1/1 10/13/2005 ITEM -NO. J2003 - HYDROSTATIC TESTING OF PRESSURE LINES PART 1 GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish and perform all operations in connection with hydrostatic testing of pressure lines. B. Time of Testing: After pipe has been laid and backfilled, except prior to replacement of pavement, newly laid pipe to be subjected to hydrostatic testing described herein. PART 2 PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS A. Test Pressure: Any Section being tested, apply pressure such that, at highest point in section, pressure to be 125 pounds per square inch or pressure specified by Special Provision to Item. B. Permissible Leakage: Leakage not to exceed that determined from the following formula: ND L= 7400 Where L = Allowable leakage in gallons per hour. N = Number of rubber gasket joints or rubber seat valves. D = Nominal diameter of pipe valve, in inches. P =Test pressure during leakage test in pounds per square inch. C. Leakage Defined: Leakage is quantity of water supplied into newly laid pipe, or any valved section thereto, necessary to maintain specified leakage test pressure after pipe has been filled with water and air expelled and the specified test pressure has been applied. J2003 - 1/2 10/13/2005 D. Duration of Pressure Test: Exposed joints to be tested for not less than 2 hours with no allowable leakage. Covered joints to be tested for a minimum of 6 hours. If leakage at the end of the 6 -hour period exceeds the allowable by less than 18 additional hours. PART 3 EXECUTION 3.01 TESTING A. Procedure: Fill each valved section of pipe slowly with water and apply specified test pressure, measured at point of highest elevation, by means of pump connected to pipe. Furnish pump, pipe connections, and necessary apparatus, gauge and, meters. Furnish necessary labor and assistance for conducting test, all subject to approval by Engineer. B. Expelling Air Before Test: Before applying specified test pressure, expel air form pipe. To accomplish, make taps in pipe, if necessary, at points of highest elevation. On completion of tests, taps to be tightly plugged with brass fittings. C Examining Under Pressure: At intervals during test, inspect route of pipe to disclose leakage greater than that specified; located and repair defective joints or defective pipe until test proves that leakage is within specified allowance. 3.02 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract prices for items of which this work is a component. J2003 2/2 08/03/2004 ITEM NO. J2016 - PIPE IN AUGERED HOLE PART 1 - GENERAL 1.01 SCOPE OF WORK Auger lines under railroads, highways, streets, drives, walks and pipelines at location (s) shown on PLANS, without interference to use of facility. 1.02 WORK SPECIFIED ELSEWHERE Conveyance Pipe: Per applicable Item or as shown on PLANS. PART 2 - PRODUCTS As specified by other TECHNICAL SPECIFICATIONS. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS A. General: Unless otherwise indicated, extend augured hole 10 feet beyond edge of payment, railroad tie, or other structure. Diameter of hole not more than 1 inch greater than the outside diameter of pipe bell. Overcutting in excess of 1 inch shall be remedied by pressure grouting the entire length of installation. Excavate work pit conforming to trench requirements and keep neat and dry. Construct to alignment and grade shown using 2 -inch pilot hole followed by machine bore of size required. All joints for pipe in augured hole to be made up prior to pipe entering auger. B. Dry Auger: All highways and railroad crossings with diameters of 16- inches and larger to be dry machine bored. Limited lubrication of auger bit permitted. Do not use water or air to clear excavated material from augered hole. C. Wet Auger: Machine bore "wet" all auger locations not specified or shown as "dry" auger. Strict regulation of water and air pressure required of bored hole as stated above. J2016 - 1/2 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure "Pipe in Augured Hole" by linear foot of size installed complete in place. B. Payment: Pay for "Pipe in Augured Hole," measured as stated above, at Contract unit price bid. J2016 - 2/2 10/13/2005 ITEM NO. J3006 - CEMENT - STABILIZED SAND BACKFILL PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish all plant, labor, equipment, supervision, and tools for the furnishing and installation of Cement - Stabilized Sand Backfill as shown on PLANS or as indicated in other items of the TECHNICAL SPECIFICATIONS. B. Related Work Specified Elsewhere: Per Item No. J2001 - "Construction of Underground Lines" for compaction requirements for sanitary sewers, storm sewers, and waterlines. PART 2 - PRODUCTS 20.1 MATERIALS A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight. Material removed by decantation 5.0% Clay lumps 0.5% Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0% Gradation Requirements: Retained on 3 /s -inch sieve 0% Retained on' /4 -inch sieve 0% - 5% Retained on 20 -mesh sieve 15% - 50% Retained on 100 -mesh sieve 80% - 100% Color test ASTM C40 - Color not darker than standard color. B. Cement: ASTM C150 - Type I. C. Water: Fresh and clean. J3006 - 1/2 11/18/03 PART 3 - EXECUTION 3.01 MIXING Use minimum of 1 -1/2 sacks of cement per cubic yard of mixture. Use amount of water required to provide mix suitable for mechanical hand tamping and mix in approved mixer. Stamp tickets at plant with time of loading. Material not in place within one and one -half hours after loading of that has obtained an initial set will be rejected and removed from the site. 3.02 PLACING Place around abutment, wingwalls, structures, inlets, and manholes where indicated only after they have cured at least four days. Place around fiberglass manholes as specified in Item No. J3019 - "Fiberglass Manholes ". Place in 4 -inch layers and compact each layer with approved power- driven hand tampers. Place in pipe trenches as specified in Item No. J2001 - "Construction of Underground Lines." 3.03 MEASUREMENT AND PAYMENT A. No separate measurement and payment for work performed under this Item. Include cost of same in Contract price bid for items of which this work is a component part. B. "Extra Cement - Stabilized Sand Backfill," when approved by Engineer, to be measured by cubic yard compacted in place. Pay for "Extra Cement - Stabilized Sand Backfill" at Contract unit price bid. `J3006 - 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. 02/18/2009 ITEM NO. J3017 - FIRE HYDRANTS PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish and install fire hydrant assemblies at locations shown on PLANS. B. Standard Specifications: Conform to the requirements of AWWA C502 -73 unless otherwise specified hereinafter. 1.02 QUALITY ASSURANCE Fire hydrants to be American - Darling B -84 -B, or approved equal. If required, submit affidavit of compliance in accordance with AWWA C502 -73 Section 1. 1.03 PRODUCT DELIVERY STORAGE AND HANDLING In accordance with AWWA C502 -73 Section 6. PART 2 - PRODUCTS 2.01 DESIGN REQUIREMENTS A. Main Valve Opening: Minimum of 5 -1/4 inches. B. Barrel Diameter: Minimum internal diameter of 7 -1/4 inches. C. End Opening and Connection: 6- inches with same connections as specified for pipe, valves, and fittings. D. Depth of Bury: Distance from bottom of inlet pipe to "ground- line" or "bury - line", said "ground line" or "bury line" being not less than 22 inches below centerline of steamer nozzle. E. Nozzles: Two 2 -1/2 inch hose nozzles and one 5 -1/4 inch "STORZ" steamer nozzle or other dimension, which conform to Owner's standard. Hose connection threads to be National Standard. Steamer connection threads to be Owner's standard. F. Operating Nut: Open by turning counterclockwise. Pentagonal shape, 1 -1/2 inches from point to flat, not less than 1 -1/4 inches depth. Owner's standard to take precedence if different from this requirement. G. Extension Section: Provide extension sections when indicated on PLANS or where required to conform to Paragraph D. above. J3017 - 1/2 Std. 02/18/2009 H. Protection from Traffic Damage: Equip hydrants with a breakable feature on the stem and the barrel at the ground -line. In the event of an impact accident, the hydrant main valve to remain closed with no leakage. I. Lubrication: Provide permanent lubrication around threaded upper end of stem. Use "0" ring seals to prevent lubricant from leaking out of reservoir into interior surfaces of fire hydrant that are in contact with potable water. J. Dry Top Design: Equip hydrant with drain valves which are an integral part of the valve mechanism, which is to be in the open position when the main valve is closed, for the purpose of draining the hydrant barrel. When the main valve is open, these valves are to be closed. L. Color: Furnish with the standard color as requested by the Owner. PART 3 - EXECUTION 3.01 GENERAL Furnish and install valves, fittings, and appurtenances used to complete fire hydrant installation in accordance with applicable provisions of other TECHNICAL SPECIFICATIONS. 3.02 CONSTRUCTION METHODS A. Place fire hydrants at required locations shown on PLANS and in conformity with details as indicated. Install fire hydrants, valves, and valve boxes plumb, and place valve boxes directly over valves after they have been connected. B. Install fire hydrants on concrete bed as indicated, and block between hydrant and vertical wall of trench to prevent it from blowing off line. C. Place %2 cubic yard of broken stone or gravel and base of each fire hydrant to ensure drainage of valve when closed. Thoroughly compact gravel and backfill around fire hydrant to surface of natural ground. D. Before installation of any fire hydrant or valve, clean foreign material from interior of valve or barrel of fire hydrant. Tighten stuffing boxes on valves and fire hydrant and open and close them to insure that parts are in good working order. 3.03 MEASUREMENT AND PAYMENT Measure "Fire Hydrant Assemblies" per each assembly at all depths. Measurement shall include swivel/parallel tee, 6" valve, grade lock, hydrant, hydrant extension, and related appurtenances that compose the "Fire Hydrant Assembly" shown on PLANS. Payment for "Fire Hydrant" measured as stated above will be at the contract unit price bid per each. J3017 - 2/2 10/13/2005 ITEM NO. J3024 - BANK SAND BACKFILL PART 1 - GENERAL 1.01 DESCRIPTION Extent of Work. When shown PLANS, furnish and place bank sand backfill in trench excavations above pipe zone as specified in Item No. J2001 - "Construction of Underground Lines ", or as required by the Engineer. PART 2 - PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS Materials. Bank sand to be free of organic matter, foreign material and mud balls. Sand to have a minimum Plasticity Index of 7 and with not more than 40 percent passing a No. 200 sieve. PART 3 - EXECUTION 3.01 INSTALLATION Mechanical Tamping. Place bank sand in layers not exceeding 8 inches. Compact with mechanical vibratory tamps to 95 percent of maximum density at approximate optimum moisture content as prescribed by ASTM Designation D698. Water flooding is not permitted. 3.02 MEASUREMENT AND PAYMENT A. Measurement: No separate payment for work performed under this Item, except as indicated below. Include cost of same price bid per linear foot of pipe for which work is a component. B. Payment: "Extra Bank Sand Backfill," when required, will be measured by the cross - section method in its compacted position and paid for at Contract unit price bid per cubic yard. Payment under this bid Item is limited to such additional bank sand backfill not shown on PLANS that may be required. J3024 - 1/1 Std. 08/03/2004 ITEM NO. J3025 — RESILIENT WEDGE GATE VALVES 14 -INCH THROUGH 36 -INCH FOR WATER DISTRIBUTION SYSTEMS PART 1 - GENERAL 1.01 DESCRIPTION A. Furnish and install iron -body, bronze- mounted, nonrising stem gate valves which are intended for use in approximate level setting on buried water distribution system pipelines. B. Related Work Specified Elsewhere: As specified in Item No. J2001 - "Construction of Underground Lines," or other related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Valves to be manufactured in accordance with AWWA C500 and AWWA C509, unless otherwise specified hereinafter. B. Valve shall be seat tested at the rated working pressure of 200 psi with no leakage. Shell test of 400 psi shall be applied to body with valve in the open position with no leakage through the metal, flanged joints, or stem seals. C. Valves shall be available with various ends designed for connection to piping specified. Mechanical joints are to be per ANSI /AWWA C111 /A21.11 and include mechanical joint accessories. 1.03 PROJECT DELIVERY STORAGE AND HANDLING In accordance with AWWA C500, Section 31. PART 2 - PRODUCTS GENERAL 2.01 VALVE CONSTRUCTION A. Sealing mechanism shall provide zero leakage at the water working pressure against line flow from either direction and be designed such that no exposed metal seams, edges, screws etc., are within the waterway in the closed position (all rubber surfaces). The rubber covered gate shall not be wedged into a pocket nor slide across the seating surface to obtain tight closure. B. The stem shall be nonrising and furnished with triple oring stem seals. J3025 - 1/3 Std. 08/03/2004 C. Furnish valves with bevel gearing when depth of cover prohibits vertical stem location. D. All valves 18 -inch and large shall be furnished with gears. E. All internal and external ferrous surfaces of the valve, including the interior of the gate, shall be coated with epoxy. Coating to be applied to castings prior to assembly to insure all exposed areas, including bolt holes and flange face surfaces, will be covered. Grades II, III, IV, and XI bronze not permitted where subject to contact by water. F. Inside screw valves may be fitted with bonnet flange for mounting indicator post if desired. Bonnet bolts and glands to be cadmium plated. G. Provide mechanical joint valve ends for use with PVC or ductile iron pipe and flanged valve ends for use with steel pipe or steel cylinder reinforced concrete pipe, unless noted otherwise on PLANS. Pipe size, wall thickness, working pressure thickness class, or other pertinent information is furnished under applicable pipe specification or noted on PLANS. 2.03 VALVE BOX CONSTRUCTION A. Material: Cast iron, ASTM Al26, Class B. B. Type: Either two- or three - piece, screw type, as required by installation drawings. C. Base: Either round or oval and of proper size to fit valve on which they are installed. D. Height: Provide extension section, if required, so that lid of valve box is flush with surrounding surface. E Lid: Cast with word "WATER ". PART 3 - EXECUTION 3.01 INSTALLATION A. General: Make valve installation in accordance with applicable provisions of other items pertaining to construction of lines and as follows: 1. Place valves at locations shown on Plans. Install valves and valve boxes plumb, with valve boxes directly over valve stems. J3025 - 2/3 Std. 08/03/2004 2. Before installation of valves, clean foreign material from interior of valves. Open and close valves to insure that they are in good working order. Do not backfill valves until tested with lines. Adjust glands with pressure on valve. 3. Install valves on minimum 6 inch thick X 30 inch square concrete precast or cast in place base unless listed and/or shown otherwise on plans. 4. Bolts, nuts, and washers on buried flanged valves to be epoxy coated. 5. Wrap all valves with polyethylene film in accordance with AWWA C105/A21.5. 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure gate valves with valve boxes ( "Gate Valve and Box ") and support blocking per each, for each size valve furnished and installed. B. Pay for gate valves with valve boxes and support blocking, measured as stated, at Contract unit price bid for respective sizes. J3025 - 3/3 Std. 08/03/2004 ITEM NO. J3027 — TUNNEL CONSTRUCTION PART 1 — GENERAL 1.01 DESCRIPTION A. Extent of Work: Tunnel lines under railroads, state highways, and concrete paved streets or other obstructions indicated. Make all other street crossings in accordance with applicable Item. B. Related Work Specified Elsewhere: Type and sizes of liner as shown on PLANS. Railroad crossings shall conform to the A.R.E.A. Manual for Railway Engineering. State highway crossings shall conform to the most recent Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges. PART 2 — PRODUCTS 2.01 MATERIALS A. Steel Pipe Tunnel Liner 1. Steel Pipe: In accordance with AWWA C200 Grade B, butt - welded joints in accordance with AWWA C200 Section 3. Pipe to be 4 inches larger in diameter than largest diameter of pipe. 2. Wall Thickness: In accordance with the following table: Size Minimum Thickness 6 -inch to 34 -inch 1/4 - inch 35 -inch to 49 -inch 3/8 - inch 3. Coating: Pipe to be coated in accordance with AWWA C203, hot - applied coal tar coating, factory applied. B. Tunnel Liner Plates: Bituminous coated hot - dipped galvanized sectional liner plate. Tunnel Liner Plate Size Gauge 48 -inch to 72 -inch diameter 12 78 -inch through 84 -inch diameter 10 C. Tunnel Liner Plates: Galvanized Steel tunnel liner plates. 1. Scope: These specifications cover steel tunnel liner plates, fabricated to permit in -place assembly of a continuous steel support system. Tunnel, vertical shaft, caisson or relined structure shall be of the diameter and /or shape and gage as shown on the PLANS. 2. Material: Liner plates shall be fabricated from black steel plates conforming to ASTM Specification A 569. Plates shall be of the gage shown on the PLANS, J3027 - 1/4 Std. 08/03/2004 and shall be curved to suit the tunnel cross section shown. Plates shall be galvanized in accordance with ASTM A 123, except that the zinc shall be applied at a rate of 2.0 ounces per square foot total for both sides. a. All plates shall be punched for bolting on both longitudinal and circumferential seams, and shall be so fabricated as to permit complete erection from the inside of the tunnel. The longitudinal seam shall be of the lapped type, with an offset equal to the gage of metal for the full width of plate to allow the cross section of the plate to be continuous through the seam. Circumferential bolt hole spacing shall be 61/4- inches. b. Grout holes shall be two inches (2 ") in diameter and shall be provided as shown on the PLANS to permit grouting as the assembly of the liner plate proceeds. 3. Nuts and Bolts: Nuts and bolts shall be x -inch in diameter and length as recommended by the manufacturer. Bolts shall conform to ASTM A 449, Type 1 or ASTM A307. a. For longitudinal seams, bolts shall be A 449, Type 1, for plate thickness equal to or greater than 0.209. For plate thickness less than .209, the bolts shall be A 307, Grade A. b. All circumferential bolts may be A 307, Grade A. c. Nuts shall conform to ASTM A 563, Grade A, Hex. d. Galvanizing, when required, shall be in accordance with the requirements of ASTM B -695, Class 50. 4. Installation: Liner plate shall be assembled in accordance with manufacturer's recommendations. Longitudinal seams shall be staggered between rings. Voids occurring between liner plate and existing structure or ground shall be grouted until completely filled. Grout material and method of grouting shall be approved by the engineer prior to the commencement of work. C. Corrugated Metal Pipe: Bituminous coated hot - dipped galvanized corrugated metal pipe with ID of 4'/2- inches plus OD of bell of conveyance pipe. Furnish pipe conforming to AASHTO M -36 -78 with coating, conforming to American Railway Engineering Association Specification 1- 4 -13 -62 and of following gauges: Corrugated Metal Pipe Size Gauge 15 -inch diameter and under 16 18 -inch to 30 -inch diameter 14 30 -inch and 36 -inch diameter 12 42 -inch diameter 10 J3027 -2/4 Std. 08/03/2004 PART 3 — EXECUTION 3.01 GENERAL A. Grout Encasement: When conveyance pipe is reinforced concrete steel cylinder pipe, use grout encasement to fill annular space between conveyance pipe and tunnel liner. Grout encasement is not necessary on steel conveyance pipe unless called for elsewhere. Use grout having 3 :1 sand - cement ratio and 100 pounds of Bentonite per cubic yard of grout. Seal ends of encasement with 2 -inch (thick) creosoted timber. B. Skids 1. Smooth Steel Pipe Liner a. Concrete Pipe: Place additional mortar at center and quarter- points on each length of pipe in tunnel. Additional mortar to extend approximately 1 -inch outside diameter of bell end. Each "pad" to be approximately 2 -feet long. b. Steel Pipe, Cast Iron, and Asbestos - Cement Pipe: Use Advance Products & Systems, Inc. casing insulators and seals or approved equal. Use proper size end seals to seal ends. Place end insulators a maximum of 12- inches from end of casing pipe. Intermediate insulators to be spaced to insure minimum of two (2) insulators per joint of conveyance pipe. 2. Corrugated Metal Pipe Liner: Use Southern Pine, dense number one structural or better, SISIE runners. Retaining bands to be galvanized, heavy duty, box banding, approximately + -inch wide by 0.028 -inch thick. Spacing of bands to be one per pipe joints of 4 -feet maximum. Cut notches in runners at joints of pipe. 3.02 CONSTRUCTION A. Tunneling: Install conveyance pipe in tunnel liner where tunnel construction is indicated. Unless other indicated, extend tunnel section 10 -feet beyond each side of pavement for highways or road crossings and 10 -feet beyond outside ends of ties for railroads. Construct tunnel by machine boring (dry) and jacking metal pipe liner or by tunneling operation in conjunction with installation of tunnel liner plates. Install to alignment and grade shown. Diameter of bored or tunneled hole not more than 1 -inch greater in diameter than outside diameter of casing pipe. B. Installing Conveyance Pipe: Make up joints as specified in applicable items of TECHNICAL SPECIFICATIONS and in open trench. Place insulators and skids as specified above. Where wood runners are indicated, attach runners to conveyance pipe. Skid conveyance pipe into tunnel liner. Provide blocking on top of conveyance pipes requiring concrete grout encasement to prevent vertical displacement due to buoyance. Place grout encasement by pumping. J3027 - 3/4 Std. 08/03/2004 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure "Tunnel Construction" within limits shown, including conveyance line, skids, blocking, grout encasement, and tunnel liner, by linear foot of size and type of tunnel construction complete in place. B. Payment: Pay for "Tunnel Construction ", measured as stated above, at Contract unit price bid. J3027 - 4/4 10/13/2005 ITEM NO. J3045 - TRENCH EXCAVATION AND SHORING SAFETY PLAN PART 1 - GENERAL 1.01 DESCRIPTIONS A. Scope of Work: Furnishing a Trench Excavation and Shoring Safety Plan, including detailed plans and specifications for a trench safety system and requirements for a safety program for the trench system, to be incorporated into the bid documents and the Construction Contract, and all labor and materials for installation, inspection, and maintenance of trench safety system. B. Application: For any trench excavation at a depth of five (5) feet or greater or where shown on PLANS provide trench safety system. Trench safety system is not required when (a) Contractor's geotechnical engineer determines that the trench excavation is to be made in stable rock; or (b) excavations are less than five (5) feet in depth and examination of the ground by a competent person on behalf of the Contractor provides no indication that a cave -in should be expected. Trench safety system shall be in accordance with details shown on Contractor's Trench Excavation and Shoring Safety Plan. 1.02 QUALITY ASSURANCE Trench safety system to meet appropriate requirements established in Occupational Safety and Health Administration (OSHA) Safety & Health Regulations, 29 CFR 1926 -621, Subpart P - Excavations, Trenching and Shoring, and OSHA's proposed standards on trenching excavation published in Volume 54, No. 209 of the Federal Register, October 31, 1989. Those standards are incorporated into these specifications by reference. Should the applicable OSHA standards be modified or amended, the more stringent standards shall apply. Contractors working for political subdivisions of the State shall also be governed by Section 2, Chapter 722, Act of the 70 Legislature, Regular Session, 1987 (Article 2378a.6, Vernon's Texas Civil Statutes). 1.03 SUBMITTALS The successful bidder shall provide the Owner with its Trench Excavation and Shoring Safety Plan for Project prior to Award of the Contract. The plan shall incorporate detailed plans and specifications for trench safety system conforming to OSHA standards that accounts for project site conditions, Contractor's trench construction means, methods, techniques or procedures, the relationship of spoil to edge of trench, and Contractor's equipment to be used in construction of project facilities requiring trench system(s). Contractor shall provide a statement signed and sealed by a Registered Professional Engineer licensed in the State of J3045 - 1/5 10/13/2005 Texas stating that the Trench Excavation and Shoring Safety Plan and the detailed plans and specifications for the trench safety system are designed in a good and workmanlike manner and is in conformance with appropriate OSHA standards. Contractor's plan and the detailed plans and specifications for the trench safety system shall be incorporated into the bid documents and the Construction Contract. In determining who is a responsible bidder, the Owner may take into account the safety record of the bidder, or the firm, corporation, partnership of institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution. A political subdivision may require the bidders to attend a pre -bid conference for the purpose of coordinating a geotechnical investigation of the project site by the bidders. In awarding a contract, a political subdivision shall not consider a bid from a bidder who failed to attend a pre -bid conference required by the political subdivision under this section. PART 2 - PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENT A. Materials 1. Timber: Trench sheeting materials to be full dimension mixed oak, a minimum of two inches in thickness, solid and sound, free from weakening defects such as loose knots and splits. 2. Steel Sheet Piling: Steel sheet piling shall conform to one of the following specifications: a. ASTM A328. b. ASTM A572, Grade 50. c. ASTM A690. Steel for stringers (wales) and cross braces shall conform to ASTM A588. 3. Steel Trench Boxes: Portable steel trench box shall be constructed of steel conforming to ASTM Specification A -36. Connecting bolts used shall conform to Specification ASTM A -307. Welds to conform to requirements of AWS Specification D1.1. 4. Other Materials: Other materials to be utilized shall conform to applicable ASTM standards. PART 3 - EXECUTION 3.01 GENERAL Trench safety system shall be constructed, installed, and maintained in accordance with the Trench Excavation and Shoring Safety Plan prepared by the Contractor's Registered Professional Engineer. Contractor's negligence in performance of J3045 - 2/5 10/13/2005 contract work resulting in any property damage or bodily injury including death or the failure to note exceptions to the trench safety plan by the owner and /or his representatives shall remain the sole responsibility and liability of the contractor. 3.02 INSTALLATION A. Timber Sheeting: Timber sheeting and size of uprights, stringers (wales), and cross bracing to be installed in accordance with Contractor's plan. Place cross braces in true horizontal position, spaced vertically, and secured to prevent sliding, falling, or kickouts. Cross braces to be placed at each end of stringers (wales), in addition to other locations required. Cross braces and stringers (wales) to be placed at splices of uprights, in addition to other locations required. B. Steel Sheet Piling: Steel sheet piling of equal or greater strength may be used in lieu of timber trench shoring shown in the OSHA tables (proposed standards). Drive steel sheet piling to a least minimum depth below trench bottom as recommended by Contractor's Registered Professional Engineer providing design. Place cross braces in true horizontal position, spaced vertically and secured to prevent sliding, falling, or kickouts. Cross braces to be placed at each end of stringers (wales), in addition to other locations required. C. Trench Boxes: Portable trench box may be used in lieu of timber trench shoring shown in the OSHA tables (proposed standards) and shall be designed to provide equal or greater protection than timber trench shoring shown in the OSHA tables. In cases where top of portable trench box will be below top of trench, the trench must be sloped to the maximum allowable slope for the soil conditions existing on the Project. In areas where a sloped trench will affect the integrity of existing structures, Contractor to protect structures prior to sloping trench. D. Trench Jacks: When trench jacks are used for cross bracing and /or stringers (wales), the trench jacks shall provide protection greater than or equal to the timber cross bracing shown in the OSHA tables (proposed standards). Trench jacks to be placed at each end of stringers (wales) in addition to other locations required. 3.03 SUPERVISION Provide competent supervisory personnel at each trench while work is in progress to ensure Contractor's methods, procedures, equipment, and materials pertaining to the safety systems in this Item are sufficient to meet requirements of OSHA Standards. 3.04 MAINTENANCE OF SAFETY SYSTEM J3045 - 3/5 10/13/2005 The safety system shall be maintained in the condition as shown on the Trench Excavation and Shoring Safety Plan as designed by the Contractor's Registered Professional Engineer. The contractor shall take all necessary precautions to ensure the safety systems are not damaged during their use. If at any time during its use a safety system is damaged, personnel shall be immediately removed from the trench excavation area and the safety system repaired. The Contractor shall take all- necessary precautions to ensure no lads, except those provided for in the plan, are imposed upon the trench safety system. 3.05 INSPECTION Contractor shall make daily inspection of trench safety system to ensure that the system meets OSHA requirements. Daily inspection to be made by competent personnel. If evidence of possible cave -ins or slides is apparent, all work in the trench shall cease until necessary precautions have been taken to safeguard personnel entering trench. Contractor to maintain permanent record of daily inspections. 3.06 REMOVAL Bed and backfill pipe to a point at least one (1) foot above top of pipe or other embedded items prior to removal of any portion of trench safety system. Bedding and backfill to be in accordance to other applicable specification items. Backfilling and removal of trench supports shall be in accordance with Contractor's Trench Excavation and Shoring Safety Plan. Removal of trench safety system to be accomplished in such a manner to cause no damage to pipe or other embedded items. Remove no braces or trench supports until all personnel have evacuated the trench. Backfill trench to within five (5) feet of natural ground prior to removal of entire trench safety system. 3.07 FURTHER AMENDMENT TO CONTRACT All modifications to the Contractor's Trench Excavation and Shoring Safety Plan or the detailed plans and specifications necessitated by the site conditions, Contractor's trench construction means, methods, techniques or procedures and Contractor's equipment to be used in construction of project facilities shall be communicated to Owner in writing. All such modifications shall be communicated to Owner in writing. All such modifications shall be signed and sealed by a Registered Professional Engineer licensed in the State of Texas and a statement provided stating that the modified plan and /or the modified detailed plans and specifications for the trench safety system are designed in good and workmanlike manner and is in conformance with appropriate OSHA Standards. Such modifications to Contractor's plans and /or the Contractor's detailed plans and specifications for the trench safety system shall thereafter be incorporated into the Construction Contract. J3045 - 4/5 10/13/2005 3.08 MEASUREMENT AND PAYMENT A. Measurement: Measure "Trench Safety System" by linear foot of trench protected. Shoring of trench at manholes and other line structures to be included in the lineal foot cost. B. Payment: Pay for "Trench Safety System" measured as stated and by depth of trench protected as shown on PROPOSAL. Payment shall be full compensation for all work described herein. There shall be no increase in the Contract price because of the incorporation of Contractor's Trench Excavation and Shoring Safety Plan or Contractor's detailed plans and specifications for the trench safety system into the bid documents and the construction Contract. There shall be no increase in the Contract price because of modifications to Contractor's plan and /or the Contractor's detail plans and specifications for the trench safety system, whether or not the result of unforeseen of differing site or soil conditions. C. Pay for "Design of Trench Excavation and Shoring Safety Plan" by lump sum as shown on PROPOSAL. Payment shall be full compensation for all professional services relating to the Contractor's Trench Safety System. J3045 - 5/5 07/16/2013 ITEM NO. L3002 — CONDUCTIVE TRACE WIRE FOR WATER PIPE INSTALLATION PART 1 - GENERAL 1.01 DESCRIPTION A. Install electrically continuous trace wire with access points as described herein to be used for locating pipe with an electronic pipe locator after installation. 1.02 MEASUREMENT A. There is no separate payment for the supply and installation of tracer wire on any construction or installation of water main by the Contractor. The Contractor shall consider the supply and installation of the tracer wire incidental to all construction of water main. 1.03 SUBMITTALS A. Submit manufacturer' s data on materials furnished that indicate compliance with the specifications regarding materials used. B. Indicate on plans location of each trace wire test station. PART 2 - PRODUCTS 2.01 MATERIALS A. Trace wire to be twelve (12) gauge minimum solid copper clad steel with 30 mil HDPE thermoplastic insulation recommended for direct burial. Trace wire shall have a minimum carbon content of 54% minimum and break load of 380 lbs. Manufacturers supplying copper clad steel tracer wire must have available detailed performance data including 5 years of underground testing in terms of durability related to damage of protective insulation and effects of potential corrosion of the specific copper clad steel used. Origin of copper clad steel manufacturer is required and steel core must be manufactured in the United States. If manufacturer has not completed 5 year corrosion testing a 5 year warranty must be provided. THNN Nylon Thermoplastic insulated solid or stranded copper wire is expressly prohibited. Wire nut connectors or taped twisted wire splices are expressively prohibited. Each trace wire access point to be composed of one pre- approved access point, specifically designed for underground service and shall be watertight to provide electrical continuity. Wire nut connectors or taped twisted wire splices are expressly prohibited. 07/16/2013 2.02 TESTING REQUIREMENTS A. Contractor shall perform a continuity test on all trace wire in the presence of the Engineer or the Engineer's representative. If the trace wire is found to be not continuous after testing, Contractor shall repair or replace the failed segment of the wire. PART 3 — EXECUTION A. Trace wire shall be installed on all water mains. The wire shall be installed in such a manner as to be able to properly trace all water mains without loss or deterioration of signal or without the transmitted signal migrating off the tracer wire. B. Trace wire shall be installed in the same trench and inside bored holes and casing with pipe during pipe installation. It shall be secured to the pipe as required to insure that the wire remains adjacent to the pipe. The trace wire shall be securely bonded together at all wire joints with an approved watertight connector to provide electrical continuity, and it shall be accessible at all trace wire access points. C. Trace wire access points shall in general be no more than five- hundred (500) feet. Concentrations of multiple proposed valves near pipe intersections, i.e. tees or crosses, may require more than one access point assembly. Trace wire access points shall be within public right -of -way or public utility easements. D. At the point of connection between cast and ductile iron water mains, with any non iron water main, the tracer wire shall be properly connected to the iron pipe with a cad weld or approved equivalent. Tracer wire welds shall be completely sealed with the use of an approved mastic type sealer specifically manufactured for underground use. Mastic shall be applied in a thick coat a minimum of 2 inches thick and shall be protected from contamination by the backfill material with the use of a plastic membrane. E. Tracer wire shall be laid flat and securely affixed to the pipe at 10 foot intervals. The wire shall be protected from damage during the execution of the works. No breaks or cuts in the tracer wire or tracer wire insulation shall be permitted. At water service saddles, the tracer wire shall not be allowed to be placed between the saddle and the water main. F. Except for approved spliced -in connections, tracer wire shall be continuous and without splices from each trace wire access point, Where any approved spliced -in connections occur, approved water tight connectors, shall be used to provide electrical continuity. Wire connectors to be pre- approved, specifically designed for underground service and shall be watertight to provide electrical continuity. Wire nut connectors or taped twisted wire splices are expressly prohibited. 07/16/2013 G. At all water main end caps, a minimum of 6 feet of tracer wire shall be extended beyond the end of the pipe, coiled and secured for future connections. The end of the tracer wire shall be spliced to the wire of a six pound zinc anode and is to be buried at the same elevations as the water main. H. For directional drilling, auguring or boring installations, Tracer wire for directional drilling/boring shall be a (12 AWG) extra - high - strength copper -clad steel conductor (EHS -CCS), insulated with a 45 mil, high- density, high molecular weight polyethylene (HDPE) insulation, and rated for direct burial use at 30 volts. EHS -CCS conductor must be a 21% conductivity for locatability purposes, Break load will be 1150# minimum. HDPE insulation shall be RoHS compliant and utilize virgin grade material. Insulation color shall meet the APWA color code standard for identification of buried utilities. Spliced connections between the main line tracer wire and branch connection tracer wire shall only be allowed at water main tees, crosses or at iron or copper water services where a portion of the branch connection water main or water service is replaced with a non iron or non copper material. The branch connection tracer wire shall be a single tracer wire properly connected to the main line tracer wire without cutting main line tracer wire. Where the existing branch connection is neither iron nor copper, then the new branch connection tracer wire shall be properly spliced to the existing tracer wire on the branch connection using approved connectors as noted above. J. At all repair locations where there is existing tracer wire, the tracer wire shall be properly reconnected and spliced as outlined above. K. After installation, all tracer wire shall be tested in the presence of the inspector to verify continuity of the system and a report indicating continuity shall be submitted to the Owner as part of the as -built construction records. Any deficiencies in continuity shall be repaired at contractor's expense and retested in the presence of the inspector. END OF SECTION r iliVg X101 . i 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 j - s 1 A LIFICATION TAT NT p4,.., „. �� i i ,, �1N N 4 00 1'VIt1 0 y ;fir XMAGI/ 40 ,104,004000 { 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 t a ' o ® Claees iof ' ` , . "When o- w Naive 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? Description, Size Years of _ Present t}ty o Item o s Capacity, Etc. Condition Service 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 ,Percent Name andAddress of Owner Amount w Work Complete „ s r 4 a « o Contracting Officer Dated at this day of , 20_. BY: TITLE: APPENDIX B iIwllaiOa 40 } r 1. 1 a � 1 L 7 I (oo 1!D) 6c3» �Iq qx ►� INVOICE Pf4)121 CITY of PORT ARTHUR P.O. BOX 1089 • PORT ARTHUR TEXAS 77641 -1089 TO: LLC SABINE PASS LIQUEFACTION INVOICE NO: 88663 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 3,373,385.00 3,373,385.00 CONTRACT FOR THE HIGHWAY 87 WATER TRANSMISSION LINE PROJECT FROM KEITH LAKE TO SABINE PASS STANDPIPE WITH ALLCO, L.L.C. PURCHASE ORDER NO. 16448 TOTAL DUE: $3,373,385.00 PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE e 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: 88663 TERMS: NET 30 DAYS AMOUNT: $3,373,385.00 J