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Home My WebLink AboutPR 18300: L & L GENERAL CONTRACTORS TUNNEL DEMO AND BACKFILL, AT 501 PROCTER STREET MEMORANDUM CITY OF PORT ARTHUR PUBLIC WORKS - ENGINEERING DIVISION TO: John A. Comeaux, P.E., Interim City Manager FROM: Leslie E. McMahen, P.E., Interim City Engineer DATE: April 23, 2014 RE: Proposed Resolution No. 18300 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 18300 authorizing the Interim City Manager to execute a contract with L &L General Contractors of Beaumont, Texas for tunnel demolition and backfill at 501 Procter Street, in the amount not to exceed $45,000.00. BACKGROUND During the renovation process by the Economic Development Corporation of the building located at 501 Procter Street, a tunnel and underground doors into the building were found beneath the sidewalk on the Austin Avenue side of the building. Arceneaux & Gates designed the work necessary to eliminate the features by permanently sealing the doors, filling the tunnel, and re- pouring the Austin Avenue sidewalk. Bids for the work were received from four (4) bidders on April 2, 2014, and the lowest and most responsive bidder was L &L General Contractors of Beaumont, Texas in the amount not to exceed $45,000.00. BUDGET /FISCAL EFFECT Funding for the construction project is available in Account No. 120- 1429 -582- 59 -05, which are funds set aside by the Economic Development Corporation for work on public property and subject to approval by the City Council. SUMMARY I recommend that the City Council approve Proposed Resolution No. 18300 authorizing the Interim City Manager to execute said contract with L &L General Contractors. P.R. No. 18300 4/16/2014 lem RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH L & L GENERAL CONTRACTORS OF BEAUMONT, TEXAS, FOR TUNNEL DEMOLITION AND BACKFILL ADJACENT TO 501 PROCTER STREET IN AN AMOUNT NOT TO EXCEED $45,000.00; FUNDING AVAILABLE IN ACCOUNT NO. 120- 1429- 582 -59 -05 WHEREAS, on April 2, 2014 the City of Port Arthur Purchasing Department received four (4) sealed bids for the demolition and backfill of a tunnel and underground doors into the building located at 501 Procter Street, which were found beneath the sidewalk on the Austin Avenue side of the building; and, WHEREAS, a legal notice for the tunnel demolition and backfill adjacent to 501 Procter Street was advertised in the Port Arthur News on March 16 and 23 2014; and, WHEREAS, the plans and specifications for the tunnel demolition and backfill were placed on file locally with the Associated General Contractors, the City of Port Arthur and Arceneaux & Gates, a Burrow Global Company; and, WHEREAS, Arceneaux & Gates, a Burrow Global Company conducted a mandatory pre -bid meeting on March 27, 2014; and, WHEREAS, attached as Exhibit "A" is a certified bid tabulation of the bids submitted; and, WHEREAS, the lowest and most responsive bid was received from the firm of L & L General Contractors of Beaumont, Texas, in an amount not to exceed $45,000.00 for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute a contract between the City of Port Arthur and L & L General Contractors of Beaumont, Texas, in an amount not to exceed $45,000.00 for tunnel demolition and backfill adjacent to 501 Procter Street, in substantially the same form as attached hereto as Exhibit `B ". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2014, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary s.prl 8300 APPROVED AS TO FORM: alecia . Tiz no, C'�y A ey APPROVED AS TO ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager %--- e-e-11.._ Z._ , V Leslie E. McMahen, P.E. Interim City Engineer APPROVED AS TO AVAILABILITY OF FUNDS: At ■- , .1( i Director of Finance Account No. 120 - 1429 - 582.59 -05 Purchasing Manager s.pr18300 EXHIBIT "A" s.pr18300 ED ARCENEAUX & GATES CONSULTING CITY OF PORT ARTHUR ENGINEERS, INC. BID TABULATION For The Tunnel Demolition and Backfill at 501 Procter To Serve The Port Arthur Economic Development Corporation Job No.: EDC -200 BIDS OPENED: APRIL 2, 2014 at 3:15 P.M. BRYSTAR CONTRACTING, L &L GENERAL MK CONSTRUCTORS SIMCO ENTERPRISES, LTD INC. CONTRACTORS VIDOR, TX GROVES, TX BEAUMONT, TX BEAUMONT, TX Base Bid Items QTY. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1. Mobilization 1 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 3,800.00 $ 3,800.00 $ 3,300.00 $ 3,300.00 Demolish and Dispose of Concrete Sidewalk & 2. Top of Tunnel 1 $ 10,000.00 $ 10,000.00 $ 13,000.00 $ 13,000.00 $ 20,533.00 $ 20,533.00 $ 19,900.00 $ 19,900.00 3. Reinforced Concrete Sidewalk 180 $ 82.00 $ 14,760.00 $ 75.00 $ 13,500.00 $ 70.00 $ 12,600.00 $ 131.00 $ 23,580.00 4. Place & Compact Grade 3 Type D Backfill 145 $ 120.00 $ 17,400.00 $ 100.00 $ 14,500.00 $ 102.00 $ 14,790.00 $ 126.00 $ 18,270.00 5. Fill in Doorway with CMU 1 $ 6,800.00 $ 6,800.00 $ 2,000.00 $ 2,000.00 $ 2,700.00 $ 2,700.00 $ 3,200.00 $ 3,200.00 Subtotal Base Bid Items $ 51,460.00 $ 45,000.00 $ 54,423.00 $ 68,250.00 TOTAL AMOUNT BID $ 51,460.00 $ 45,000.00 $ 54,423.00 $ 68,250.00 INDICATES MATHEMATICAL ERROR IN BID ARCENEAUX & GATES CONSULTING ENGINEERS, INC., A BURROW GLOBAL COMPANY ��.,, *"'' `" TEXAS REGISTERED ENGINEERING FIRM Aw or 1 : 0 5, F.`�� 1 * F -30 * ® ,,.. . , da a ik . tr lit o� 77 COREY M, OL.DI3Uk3 d i ooc ..o .o.. o ..-r.,, al P i . 4", f r q yG Corey Oldbury FsE. & k, &' �., _. EXHIBIT "B" s.prl8300 CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Construction of TUNNEL DEMOLITION AND BACKFILL 501 PROCTER To Serve The PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION PORT ARTHUR, TEXAS Project No. EDC -200 Contract No. 1 (Non - Federally Funded Project) CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS MARCH 2014 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 Construction of TUNNEL DEMOLITION AND BACKFILL 501 PROCTER To Serve The PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION PORT ARTHUR, TEXAS Project No. EDC -200 Contract No. 1 (Non - Federally Funded Project) CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS MARCH 2014 e ' 63 / 4 � 1 1, a ib031V 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 Construction of TUNNEL DEMOLITION AND BACKFILL 501 PROCTER To Serve The PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION PORT ARTHUR, TEXAS Project No. EDC - 200 Contract No. 1 (Non - Federally Funded Project) CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID E. BID BOND F. GENERAL CONDITIONS G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS I. PAYMENT BOND J. PERFORMANCE BOND K. NOTICE OF AWARD L. NOTICE TO PROCEED M. INSURANCE N. TECHNICAL SPECIFICATIONS Page 1 of 2 ITEM NO. A3050 - GEOTEXTILES FOR USE IN SEPARATION APPLICATIONS ITEM NO. B1001 - CONCRETE ITEM NO. B3001 - REINFORCING STEEL ITEM NO. B3005 - CONCRETE CONSTRUCTION ITEM NO. C3002 - CONCRETE MANSONRY ITEM NO. K3007 - REMOVAL OF EXISTING PAVEMENTS AND CURBS ITEM NO. K3015 - FLEXIBLE BASE, CRUSHED STONE O. QUALIFICATION STATEMENT SPECIAL PROVISIONS APPENDIX "A" - Form for Request for Time Extension Page 2 of 2 SECTION A CONSTRUCTION CONTRACT AGREEMENT CONSTRUCTION CONTRACT AGREEMENT [Non- Federally Funded Projects] THIS AGREEMENT, made this day of , 20 , by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER ", and , herein acting by and through , hereinafter called "CONTRACTOR ". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the construction of TUNNEL DEMOLITION AND BACKFILL 501 PROCTER 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 60 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) Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Decision (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Notice of Award (L) Notice to Proceed (M) Insurance (N) Drawings prepared by Arceneaux and Gates Consulting Engineers, Inc., A Burrow Global Company numbered 1 through 7 dated March 2014. A -1 (0) Specifications prepared or issued by Arceneaux and Gates Consulting Engineers, Inc., A Burrow Global Company dated March 2014. (P) Addenda: No. , dated , 20 No. , dated , 20 No. , dated , 20 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. APPROVED IN FORM: OWNER: City of Port Arthur CITY ATTORNEY NAME TITLE CONTRACTOR: BY NAME [SEAL] ADDRESS ATTEST: NAME TITLE [CORPORATE SEAL] ATTEST: NAME: A -2 ^u`� j ... `. # i �t Rr+. fi n: f �z, r.� c ��y''^� "n k � .. SECTION B ADVERTISEMENT FOR BIDS 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, City Hall, until 3:00 p.m. on Wednesday, April 2, 2014 and all bids received will thereafter be opened and read aloud at 3 :15 p.m. on Wednesday, April 2, 2014 at City of Port Arthur City Hall, 5 Floor Council Chamber, 444 4 Street, Port Arthur, Texas for the construction of certain public works or furnishings of certain services briefly described as: TUNNEL DEMOLITION AND BACKFILL 501 PROCTER to serve the Port Arthur Economic Development Corporation Business Park, Contract I. 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 Public Works Department or Shawna Tubbs, CPPB, CPPO, 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 AGC OF SOUTHEAST TEXAS 5458 Avenue A Beaumont, TX 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). B -1 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 the City of Port Arthur, 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 Tess than the said stipulated rates for any work done under this Contract. The Davis -Bacon Act* is applicable to this Contract, and the prevailing wage rates established pursuant to said Act are made a part of this Contract. A copy of such current wage schedule is included in the Contract Documents and any applicable change in such wage schedule shall be furnished and Equal Employment Opportunity requirements must be met. CONTRACTORS attention is also directed to the equal opportunity requirements of this, Contract: Title VI, Sec. 3 and E.O. 11246. This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to Section 151.311 of the Tax Code made by Section 14.07 of Chapter 5 (House Bill No. 11), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non - consumable materials and equipment to qualify for resale to the City of Port Arthur, and be exempt from sales tax, the contract and bids must comply with the following requirements. The bid and contract must separately identify: (1) the charges for non - consumable materials and equipment that are permanently incorporated into the project, and (2) charges for skill, labor and consumable materials, tools and equipment that are permanently incorporated into the project. Bidders are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the separated contract procedure. The City of Port Arthur, will issue to the CONTRACTOR a specific exemption certificate for this Contract in order that he does not have to pay taxes on qualifying materials, equipment, or other tangible personal property purchased for and permanently incorporated into City of Port Arthur, realty in performing this Contract. The CONTRACTOR performing this contract must issue to his suppliers an exemption B -2 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. 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. 51 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. This Contract is for a Road Construction project. Each project will be specified by the City of Port Arthur, in a notice to proceed. Successful Bidder shall be required to attend Pre - Construction Conference. BIDDER IS CAUTIONED TO READ ALL CONTRACT DOCUMENTS BEFORE SUBMITTING BID, ESPECIALLY ITEM 18 (PRE -BID CONFERENCE) OF THE INFORMATION TO BIDDERS. All bidders shall be required to attend the Mandatory Pre -Bid Conference on: Thursday, March 27, 2014 at 11 :00 am at the City of Port Arthur City Hall, 444 4 Street, 5 Floor Conference Room, Port Arthur, Texas 77640, The City of Port Arthur, reserves the right to reject any and all bids and to waive informalities. City of Port Arthur BY: /s/ SHAWNA TUBBS Shawna Tubbs, CPPB, CPPO Purchasing Manager *Davis -Bacon Act is found at 40 U.S.C., § 276a et. seq. 1st Advertisement: March 16, 2014 2nd Advertisement: March 23, 2014 B -3 x � k SECTION C . a s ,.: ' .� t� _:.n, INFORMATION TO BIDDERS INFORMATION TO BIDDERS The following instructions are applicable to the Contract, in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items (if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent ( 5 %) Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60) days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount C -1 specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two (2) remaining unsuccessful Bidders will be returned; that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the City of Port Arthur, for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the City of Port Arthur, as liquidated damages and Bidder shall be liable to the City of Port Arthur, for an additional amount of five percent (5 %) of the bid amount as liquidated damages without limitation. The OWNER, within ten (10) days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS The following bonds, each in the amount of one hundred percent (100 %) of the Contract price, will be required in accordance with State law as follows: a (1) PAYMENT BOND for any contract in excess of Fifty Thousand Dollars ($50,000.00); and, (2) a PERFORMANCE BOND for any contract in excess of One Hundred Thousand Dollars ($100,000.00). 4. NOTICE TO PROCEED Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reason(s) why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the ten (10) day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. C -2 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or Certificate of Insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or Certificate of Insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, City of Port Arthur, its Officers, Agents & Employees). (City and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference.) 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products /completed operations coverage must be included, and City of Port Arthur, its Officers, Agents, and Employees must be named as an additional Insured. a. Bodily Injury $500,000 single limit per occurrence, or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence or $1,000,000 each person/$ 1,000,000 per occurrence for contracts in excess of $100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, e. Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 3. Comprehensive Automobile Liability (including owned, non -owned and hired vehicles coverage). a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury, and $100,000 per occurrence for property damage. C -3 PREAMBLE TO RULE 110.110 The Texas Worker's Compensation Commission adopts new § 110.10, concerning requirements for governmental entities awarding a contract for a building or construction project, and for persons providing services on a building or construction project for a governmental entity. The new rule is adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas Register (19 TexReg 3131). Subsection (a)(7) and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(F) and (c)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity that workers' compensation coverage is provided. Subsections (d)(8)(C) and (c)(8)(C) were added to require specific language regarding representations of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (c)(6), and (c)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year. Subsection (g) was changed to state that this rule applies to contract advertised for bid after September 1, 1994, rather than awarded after September 1, 1994. The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The commission is aware that this statutory requirement is not being met, and this rule is designed to achieve compliance and to implement a record keeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage, certificates of coverage, posted notices of coverage, and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rules defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building land construction projects to follow in complying with the requirements of the Texas Labor Code, §406.096. It also defines persons who provide services on a project who are subject to the statutory requirement of coverage, and sets forth their requirements to comply with the statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties, civil penalties, or other civil actions. The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to the commission upon request and to others entitled to them by law. It also requires the governmental entity as a prerequisite to awarding a contract, and as part of the contract, to require that the contractor provide coverage and certificates of coverage for the contractor's employees; timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project; retain certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of C -3a coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method for obtaining the certificates from persons providing services on the project and providing them to the governmental entity. It requires a contractor awarded a building or construction contract to provide workers' compensation coverage to the contractor's employees for the duration of the project; file a certificate of coverage of the contractor's employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity, certificates of coverage from each other person with whom it has contract to provide services on the project, prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project; retain all certificates of coverage for the duration of the project and for one year thereafter, notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage; and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor, with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project. The rule uses the term "persons providing services on the project; in lieu of the statutory term "subcontractor because the term "subcontractor" as used in the statue ( §406.096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096, which establishes requirements for governmental entities, contractors, and subcontractors ( "persons providing services on the project ") regarding workers' compensation coverage for workers on public building or construction projects. Rule 110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities. (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined the Texas Labor Code, if so defined. (1) Certificate of coverage ( "certificate "). A copy of a certificate of insurance, a certificate of authority to self - insure statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - has the meaning defined in the Texas Labor Code, §406.096(e)(1). C -3b (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Worker's compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - A written agreement on form TWCC -81, form TWCC -82, form TWCC083, or form TWCC -84, filed with the Texas Workers' Compensation Commission with establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" In §406.096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the Insured who are providing services on the project are C vered by workers' compensation coverage, that the coverage if based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. C-3c (c) A governmental entity that enters into a building or construction contract on a project shall: (1) Include in the bid specifications, all the provisions of subsection (d) of this rule, using the language required by paragraph (7) of this subsection; (2) As part of the contracts, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this rule; (3) Obtain from the contractor a certificate of coverage for each person providing services of the project, prior to that person beginning work on the project; (4) Obtain from the contractor a new certificate of coverage showing extension of coverage; (A) Before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project, and (B) No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) Retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) Provide a copy of the certificates of coverage to the commission upon request and to any person entitle to them by law; and, (7) Use the following language for bid specifications and contracts, without any additional works or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation in Figure 1: (Figures 1) Article . Worker's Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate'). A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. C-3d Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.095) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401, 011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and, (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage (if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C-3e G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. The contractor shall contractually required each person with whom it contracts to provide services on a project, to: (1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which means the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for they duration of the project; (3) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, (f the coverage period shown on the current certificate of coverage and during the duration of the project: (4) Obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period. If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and C-3 f (7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) — (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental (d) A contractor shall: (1) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) Provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) Obtain from each person providing services on a project and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and, (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage code during the duration of the project; C -3g (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Note the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verb current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional works or changes: (Figure 2) REQUIRED WORKER'S COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identibi of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at 512- 440 -3789 to received information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) Contractually require each person with whom it contracts to provide services on a project, to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) Provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) Include in all contracts to provide services on the project the language in subsection (o) (3) of this rule; (D) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage C -3 h period shown on the current certificate of coverage ends during the duration of the project; (E) Obtain from each other person with whom it contracts, and provide to the contractor; (I) a certificate of coverage, prior to the other person beginning work on the project; and (II) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project: (F) Retain all required certificates of coverage on ,file for the duration of the project and for one year thereafter; (G) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and, (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (IV, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) Have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. C -3 i (4) Provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project: (5) Obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) A certificate of coverage, prior to the other person beginning work on the project; and (B) Prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) Note the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provisions of coverage of any person providing services on the project and sent the notice within 10 days after the person knew or should have known of the change; and (8) Contractually require each other person with whom it contracts to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) Provide a certificate of coverage to it prior to that other person beginning work on the project; (C) Include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) Provide, prior to the end of coverage period, a new certificate of coverage showing extension of the coverage ptriod, if the coverage period shown on the current certificate of coverage ends during the duration of the project (E) Obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage C -3 j period shown on the current certificate of coverage ends during the duration of the contract; (F) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) Not the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to the provided to the person for whom they are providing services. If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be sever able. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. Effective Date: September 1, 1994 C -3k 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All -Risk Builder's Risk of the non - reporting type (NOT REQUIRED for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required (including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid Certificate of Insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including-the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to: (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of C -4 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 City of Port Arthur, and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for: (1) non - consumable materials and equipment that are permanently incorporated into the project; and, (2) charges for skill, labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the Stateof Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur, project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur,. C -5 The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non- Consumable Materials and Equipment ". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. The OWNER can award the C -6 contract to a Bidder whose principal place of business is located in the City of Port Arthur and whose bid is within 5% of the lowest bid price. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Ten percent (10 %) {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 C -7 the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. PRE -BID CONFERENCE A MANDATORY PRE -BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on Thursday, March 27, 2014 at, 11:00 am, at City of Port Arthur City Hall, 444 4th 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 SECTION D BID BID TO: City of Port Arthur 444 4 Street City of Port Arthur, Texas 77642 Proposal of (hereinafter called 'BIDDER "), organized and existing under the laws of the State of Texas, doing business as * and acting by and through to the City of Port Arthur, (hereinafter called "OWNER "). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of TUNNEL DEMOLITION AND BACKFILL 501 PROCTER to Serve the PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION, Contract No. 1 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 60 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: BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: *Insert "a corporation," "a partnership," or "an individual" as applicable. D -1 Rem Approx. Description of item with Unit No. Qty. Unit Unit Price Written in Words Price Amount BASE BID ITEMS I 1 Mobilization, Bonds, Insurance, Onsite 1 1 1 Facilities, Complete in Place. I 1 i 1. I 1 1 L.S. 1 @ ,• I 1 i i ! .• ••• . i 1 $ 1 $ 1 1 Per Lump_Sum . -.1 ...._._ 1 1 . 1 1 I Demolish and Dispose of Concrete i • 1 i : 1 Sidewalk and Top of Tunnel, Complete in 1 1 1 Place. 1 . 1 1 2. 1 1 1 L.S. 1 @ 1 1 1 I I 1 I $ I $ 1 1 1 1 1 1 1 1 1 i : -•-- I _L._. i Per Lump Sum I i i I I I 1 1 I Reinforced Concrete Sidewalk, Complete I I 1 1 I I I in Place. • ; 1 3. I 180 1 S.Y. 1 @ I 1 1 : : 1 : 1 1 1 1 i 1 1 $ I 1 - . 1 Per Square Yard 1 1 1 1 : . 1 Place and Compact Grade 3 Type D 1 1 i 1 . 1 - • I Crushed Stone Backfill, Complete in : 1 . i 1 i i 1 1 Place. 1 : 1 I 4. 1 145 1 C.Y. I @ 1 I . I ; I $ I $ I I 1 1 I I I I I I I 1 I ; Per Cubic Yard 1 ._:... I--- ----; 1 1 i i ' I Fill in Doorway with CMU, Complete in 1 i : 1 , 1 1 I Place. I I 1 1 1 5. , 1 1 1 . i 1 L.S. L --." I i • • , : 1 1 1 1 $ 1 $ 1 Per Lurn2 Sum TOTAL BASE BID ITEMS $ D-2 STATEMENT FOR SEPARATED CONTRACT COMPLIANCE: TOTAL BASE BID: Non - consumable material and equipment. (Tax Exempt) $ TOTAL BASE BID: Skill, labor and consumable material, tools and equipment. (Not Tax Exempt) $ 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) and/or Alternates and 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 City of Port Arthur, 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, April 2, 2014 (SEAL, IF BIDDER IS A CORPORATION) (A 1"1EST) D -3 CITY OF PORT ARTHUR EXCEPTION / APPROVED EQUAL REQUEST [Please submit this form for each exception/approved equal] VENDOR: TELEFAX: PROJECT: PAGE: of PARAGRAPH: SUBJECT: REQUEST: Signature CITY OF PORT ARTHUR APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR D-4 BID OPENING DATE: Wednesday, April 2, 2014 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ADDRESS: CITY/STATE/ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS: CITY/STATE/ZIP TAX IDENTIFICATION NUMBER: D -5 AFFIDAVIT [RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL] All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a duly authorized Officer of the company, whose signature is binding on the Bid Proposal. The Undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this Agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: TITLE: ADDRESS: CITY /STATE /ZIP: TELEPHONE NUMBER: SIGNATURE: SUBSCRIBED AND SWORN to before me by the above named on this the day of 20 . Notary Public in and for the State of Signature My Commission Expires: D -6 g� 3� A SE CTION E � � '-` � j Y a. " " C� 3 .. i cr� 5 . , , �.c m y .,. BID BOND 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 , �� ,, . ° ,,, uh. � SECTION F I * 4 .x - 1 .. ' , , , 5,A4 , =4... , 1 , , 7 ,� .4,n GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS TITLE PARAGRAPH Contract and Contract Documents 1 Definitions 2 Termination of Contract for Cause 3 Personnel 4 Reports and Information 5 Records and Audits 6 Findings Confidential 7 Copyright 8 Compliance with Laws 9 Interest of Members of City 10 Interest of Other Local Public Officials 11 Interest of Contractor and Employees 12 Incorporation of Provisions Required by Law 13 Certificates and Permits 14 Guarantee of Work 15 Additional Instructions and Detail Drawings 16 Shop or Setting Drawings 17 Materials, Services and Facilities 18 CONTRACTOR'S Title to Materials 19 Inspection and Testing of Materials 20 "Or Equal" Clause 21 Patents 22 Surveys 23 CONTRACTOR'S Obligations 24 F -i TITLE PARAGRAPH Insurance 25 Special Conditions Pertaining to Hazards, Safety Standards, and Accident Prevention 26 Suspension of Work 27 Safety and Health Regulations for Construction 28 Use and Occupancy Prior to Acceptance by Owner 29 Use of Premises and Removal of Debris 30 Quantities of Estimate 31 Lands and Rights -of -Way 32 Notice and Service Thereof 33 Separate Contract 34 Subcontracting 35 Architect /Engineer's Authority 36 Meaning of Intent 37 Contract Security 38 Additional or Substitute Bond 39 Assignments 40 Mutual Responsibility of CONTRACTORS 41 Acceptance of Final Payment Constitutes Release 42 Payments by Contractor 43 Construction Schedule and Periodic Estimates 44 Payments to Contractor 45 Correction of Work 46 Subsurface Conditions Found Different 47 Claims for Extra Cost 48 Changes in Work 49 Extras 50 Time for Completion and Liquidated Damages 51 F -ii TITLE PARAGRAPH Weather Conditions 52 Protection of Work and Property / Emergency 53 Inspection 54 Superintendence by Contractor 55 Underpayments of Wages or Salaries 56 Employment of Certain Persons Prohibited 57 Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision 58 Fringe Benefits Not Expressed as Hourly Wage Rates 59 Posting Wage Determination Decisions and Authorized Wage Deductions 60 Complaints, Proceedings or Testimony by Employees 61 Claims and Disputes Pertaining to Wage Rates 62 Payrolls and Basic Payroll Records of Contractor and Subcontractors 63 Specific Coverage of Certain Types of Work by Employees 64 Ineligible Subcontractors 65 Provisions to be Included in Certain Subcontracts 66 Breach of Foregoing Wage Standards and Rates Provisions 67 Equal Employment Opportunity 68 Civil Rights Act of 1964 69 Conflicting Conditions in Contract Documents 70 Indemnification 71 A.I.A. General Conditions 72 Delays 73 Maintenance of Work 74 Antitrust 75 Federal Labor Standards Provisions 76 Delay, Disruptions or Other Claims 77 F -iii 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. e. "CPA": Refers to the City of Port Arthur. f. "ENGINEER ": Arceneaux & Gates Consulting Engineers, Inc., A Burrow Global Company, Port Arthur, Texas 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the 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. Notwithstanding the above, the CITY OF PORT ARTHUR F -1 CONTRACTOR shall not be relieved of liability to the 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 F -2 made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the Federal, State and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY 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. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted F -3 or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. 14. 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. 15. GUARANTEE OF WORK a. Neither the final certificate of payment, nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified, and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this Paragraph shall be cumulative of, and not in limitation of, the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 16. 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, F -4 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. 17. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two (2) 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 (2) corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in, or approval . given to, such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 18. 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. 19. 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. 20. 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; F -5 however, Owner will only pay for the first tests that pass. Failed tests and subsequent tests to pass work will be the CONTRACTOR'S sole expense. 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. 21. "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. 22. 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. F -6 23. 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. 24. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 25. 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.) 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS, AND ACCIDENT PREVENTION (a) Danger Signals and Safety Devices (Modify as Required): 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 .vices 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. (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 F -7 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. 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. 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 alone 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. 29. 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, F -8 d. When the project consists of more than one (1) 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. 30. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to remove 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. 31. 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. 32. LANDS 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. F -9 33. 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. 34. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. 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 CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTORS. 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. 35. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors, and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. F -10 36. ARCHITECT / ENGINEER'S 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. 37. 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. 38. CONTRACT SECURITY If the Contract amount exceeds Fifty Thousand Dollars [$50,000.00], 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 %) of the Contract price or in a penal sum not less 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. 39. 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. 40. 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 F -11 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. 41. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR or 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. 42. 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. 43. 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. 44. 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 F -12 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. 45. 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 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 in the paragraph is subject to fluctuation due to the City 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 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, F -13 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. 46. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 47. 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 49 of the General Conditions. ' 48. 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 49(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items F -14 of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 49. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under (c.) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15 %) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 50. 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. 51. 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 F -15 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 holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weatherthat 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 51(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in Subsections (a.) and (b.) of this Article. F -16 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. 52. 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. 53. PROTECTION OF WORK AND PROPERTY - EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He .shall notify the Architect/Engineer immediately thereafter. Any claim for compensationby 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 49 of the General Conditions. F -17 54. INSPECTION The authorized representatives and agents of the OWNER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 55. 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. 56. 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. 57. 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. 58. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the OWNER. 59. 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. 60. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED F -18 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. 61. 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. 62. 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. 63. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS 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 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. The CONTRACTOR and each Subcontractor 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 OWNER. Such representative shall be permitted to interview employees of the CONTRACTOR of any Subcontractors during working hours on the job. 64. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of material 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 an Subcontractor, shall, for the purposes of this F -19 Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which the wage provisions of this Contract are applicable. 65. 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. 66. 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 wage provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontractors which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 67. BREACH OF FOREGOING WAGE STANDARDS AND RATES 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 Subcontractor covers any of the work covered by this Contract, shall breach any of these wage standards and rates provisions. 68. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the CONTRACTOR agrees as follows: (a) 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. The CONTRACTOR agrees to post in conspicuous places available to employees and applicant for employment, notices to be provided set t'ng forth the provisions of this nondiscrimination clause. (b) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, color or national origin. (c) 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 advising the labor union or workers representative of the CONTRACTOR'S commitments under Section 202 of Executive Order No. 11246 of F -20 September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules and regulations and relevant orders of the Secretary of Labor. (e) The CONTRACTOR will furnish all information and reports required by Executive Order No. 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 of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of this Contract or with any of such 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 Contracts or federally- assisted construction Contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as otherwise provided by law. (g) The CONTRACTOR will include the provisions or Paragraphs (a) through (g) 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 No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or purchase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for non - compliance: provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the CONTRACTOR may request the United States to enter into litigation to protect the interests of the United States. 69. 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. 70. 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 F -21 for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 71. 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 anyone of them 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. 72. A.I.A. GENERAL CONDITIONS The General Conditions of the Contract for Construction, A.I.A. Document A201, 1987 Edition, as amended by current edition, of the American Institute of Architects, consisting of fourteen (14) Articles, Pages numbered 1 through 19, is hereby made a part of the Contract Documents of this project. Such A.I.A. General Conditions are cumulative to these General Conditions, but where any provision of said A.I.A. General Conditions are inconsistent or in conflict with these General Conditions, then these General Conditions shall prevail. All references to arbitration in said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Further, Subdivisions 2.2.3 and 2.2.4 of said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Article 1.3 (Ownership and Use of Documents) of the A.I.A. General Conditions is hereby deleted. F -22 73. 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 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, or 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; 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. 74. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, and 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 15 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in Paragraph 15 as will arise under the laws of the State of Texas and such Paragraph 15 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 15. 75. ANTITRUST CONTRACTOR hereby assigner to OWNER any and all claims for overcharges associated with this Contract which arises under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). 76. FEDERAL LABOR STANDARDS PROVISIONS F -23 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work not listed in the wage determination and which is to be covered by his contract pertains is being assisted by the employed under the contract shall be classified in United States of America and the following Federal Labor conformance with the wage determination. HUD shall Standards Provisions are included in this Contract pursuant approve an additional to the provisions applicable to such Federal assistance. classification and wage rate and fringe benefits therefore A. 1. (i) Minimum Wages. All laborers and only when the following criteria have been met: mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under (1) The work to be performed by the classification the Housing Act of 1949 in the construction or determination; is not performed by a classification in the wage determination; and development of the project), will be paid unconditionally and not less often than once a week, and without (2) The classification is utilized in the area by the subsequent deduction or rebate on any account (except such construction industry; and payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act. (29 CFR (3) The proposed wage rate, including any bona fide Part 3), the full amount of wages and bona fide fringe fringe benefits, bears a reasonable relationship to the wage benefits (or cash equivalents thereof @ due at time of rates contained in the wage determination. payment computed at rates not less than those contained in (b) If the contractor and the laborers and mechanics to be the wage determination of the Secretary of Labor which is attached hereto and made a part thereof, regardless of any employed in the classification (if known), or their contractual relationship which may be alleged to exist representatives, and HUD or its designee agree on the between the contractor and such laborers and mechanics. classification and wage rate (including the amount Contributions made or costs reasonably anticipated for designated for fringe benefits where appropriate), a report bona fide fringe benefits under Section 1(b)(2) of the of the action taken shall be sent by HUD or its designee to Davis -Bacon Act on behalf of laborers or mechanics are the Administrator of the Wage and Hour Division, considered wages paid to such laborers or mechanics, Employment Standards Administration, U.S. Department of subject to the provisions of 29 CFR- 5.5(a)(1)(iv); also, Labor , Washington, D.C. 20210. The Administrator, or an regular contributions made or costs incurred for more than authorized representative, will approve, modify, or a weekly period (but not less often than quarterly) under disapprove every additional classification action within 30 plans, funds, or programs, which cover the particular days of receipt and so advise HUD or its designee or will weekly period, are deemed to be constructively made or notify HUD or its designee within the 30 -day period that incurred during such weekly period. additional time is necessary. (Approved by the Office of Management and Budget under OMB control number Such laborers and mechanics shall be paid the appropriate 1215 - 0140.) wage rate and fringe benefits on the wage determination for (c) In the event the contractor, the laborers or mechanics the classification of work actually performed without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). to be employed in the classification or their representatives, Laborers or mechanics performing work in more than one and HUD or its designee do not agree on the proposed classification may be compensated at the rate specified for classification and wage rate (including the amount each classification for the time actually worked therein: designated for fringe benefits, where appropiate), HUD or Provided, that the employer's payroll records accurately set its designee shall refer the questions, including the views of forth the time spent in each classification in which work is all interested parties and the recommendation of HUD or its performed. The wage determination (including any designee, to the Administrator for determination. The additional classification and wage rates conformed under Administrator, or an authorized representative, will issue a 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- determination within 30 days of receipt and so advise HUD 1321) shall be posted at all times by the contractor and its or its designee or will notify HUD or its designee within sub - contractors at the site of the work in a prominent and the 30 -day period that additional time is necessary. accessible, place where it can be easily seen by the (Approved by the Office of Management and Budget under workers. OMB Control Number 1215- 0140.) (II) (a) Any class of laborers or mechanics which is (d) The Wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) F -24 or (c) of this paragraph, shall be paid to all workers records relating thereto shall be maintained by the performing work in the classification under this contract contractor during the course of the work preserved for a from the first day on which work is performed in the period of three years thereafter for all laborers and classification. mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing (III) Whenever the minimum wage rate prescribed Act. Of 1949, in the construction or development of the In the contract for a class of laborers or mechanics includes project). Such records shall contain the name, address, and a fringe benefit which is not expressed as an hourly rate, social security number of each such worker, his or her the contractor shall either pay the benefit as stated in the correct classification, hourly rates of wages paid (including wage determination or shall pay another bona fide fringe rates of contribution or costs anticipated for bona fide benefit or an hourly cash equivalent thereof. fringe benefits or cash equivalents thereof of the types described in Section (b)(2)(B) of the Davis -bacon Act), (iv) If the contractor does not make payments to a daily and weekly number of hours worked, deductions trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of made and actual wages paid. Whenever the Secretary of any costs reasonably anticipated in providing bona fide Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages fringe benefits under a plan or program, Provided, That the of any laborer or mechanic include the amount of any Secretary costs reasonably anticipated in providing benefits under a ary of Labor has found, upon the written request of plan or program described in Section 1(b)(2)(B) of the the contractor, that the applicable standards of the Davis Davis -Bacon Act, the contractor shall maintain records Bacon Act have been met. The Secretary of Labor may which show that the commitment to provide such benefits require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or is enforceable, that the plan or program is financially program. (Approved by the Office of Management and responsible, and that the plan or program has been communicated in writing to the laborers or mechanics Budget under OMB Control Number 1215- 0140.) affected, and records which show the costs anticipated or 2. Withholding. HUD or its designee shall upon its own the actual cost incurred in providing such benefits. action or upon written request of an authorized Contractors employing apprentices or trainees under representative of the Department of Labor withhold or approved programs shall maintain written evidence of the cause to be withheld from the contractor under this contract registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject trainees, and the ratios and wage rates described in the to Davis -Bacon prevailing wage requirements, which is applicable programs. (Approved by the Office of held by the same prime contractor so much of the accrued Management and Budget under OMB Control Numbers payments or advances as may be considered necessary to 1215 -0140 and 121500017.) pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any (ii) (a) The contractor shall submit weekly for each week subcontractor the full amount of wages required by the in which any contract work is performed a copy of all contractor in the event of failure to pay any laborer or Payrolls to HUD or its designee if the agency is a party to mechanic, including any apprentice, trainee or helper, the contract, but if the agency is not such a party, the employed or working on the site of the work (or under the contractor will submit the payrolls to the applicant sponsor, United States Housing Act of 1937 or under the Housing or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accrately Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, and completely all of the information required to be HUD or its designee may, after written notice to the maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further Optional Form WH -347 is available for this purpose and payment, advance, or guarantee of funds until such may be purchased from the Superintendent of Documents violations have ceased. HUD or its designee may, after (Federal Stock Number 029 - 005 - 00014 -1), U.S. written notice to the contractor, disburse such amounts Government Printing Office, Washington, DC. 20402. The withheld for and on account of the contractor or prime contractor is responsible for the submission of copies subcontractor to the respective employees to whom they are of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act 1215 - 0149.) contracts. (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or 3. (i) Payrolls and basic records. Payrolls and basic F -25 subcontractor or his or her agent who pays or supervises the program registered with the U.S. Department of Labor, payment of the persons employed under the contract and Employment and Training Administration, Bureau of shall certify the following: Apprenticeship and Training, or with a State apprenticeship Agency recognized by the Bureau, or if a person is (1) That the payroll for the payroll period contains the employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship information required to be maintained under 29 CFR Part program, who is not individually registered in the program, 5.5(a)(3)(i) and that such information is correct and but who has been certified by the Bureau of Apprenticeship complete; and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as (2) That each laborer or mechanic (including each helper, an apprentice. The allowable ratio of apprentices to apprentice, and trainee) employed on the contract during journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as the payroll period has been paid the full weekly wages to the entire work force under the registered program. Any earned, without rebate, either directly or indirectly, and that worker listed on a payroll at an apprentice wage rate, who no deductions have been made either directly or indirectly is not registered or otherwise employed as stated above, from the full wages earned, other than permissible shall be paid not less than the applicable wage rate on the deductions as set forth in 29 CFR Part 3; wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the (3) That each laborer or mechanic has been paid not less registered program shall be paid not less than than the applicable wage rates and fringe benefits or cash the applicable wage rate on the wage determination for the equivalents for the classification of work performed, as actually performed. Where a contractor is performing specified in the applicable wage determination incorporated construction on a project in a locality other than that in into the contract. which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered © The weekly submission of a properly executed certification set forth on the reverse side of Optional Form program shall be observed. Every apprentice must be paid P at not less than the rate specified in the registered program WH -347 shall satisfy the requirement for submission of the for the apprentice's level of progress expressed as a "Statement of Compliance" required by paragraph percentage of the journeymen hourly rate specified in A.3.(ii)(b) of this section. benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program (d) The falsification of any of the above certifications does not specify fringe benefits, the wage determination for may subject the contractor or subcontractor to civil or the applicable classification. If the Administrator determines that a different practice prevails for the criminal prosecution under Section 1001 of Title 18 and applicable apprentice classification, fringes shall be paid in Section 231 of Title 31 of the United States Code. accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship (iii) The contractor or subcontractor shall make the Agency recognized by the Bureau, withdraws approval of records required under paragraph A.3.(I) of this section an apprenticeship program, the contractor will no longer be available for inspection, copying, permitted to utilize apprentices at less than the applicable P py g , or transcription P b y predetermined rate for the work performed until an authorized representatives of HUD or its designee or the acceptable program is approved. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If (ii) Trainees. Except as provided in 29 CFR 5.16, trainees the contractor or subcontractor fails to submit the required will not be permitted to work at less than the predetermined records or to make them available, HUD or its designee rate for the work performed unless they are employed may, after written notice to the contractor, sponsor,' Pursuant to and individually registered in a program which P has received prior approval, evidenced by formal applicant or owner, take such action as may be necessary to certification by the U.S. Department of Labor, Employment cause the suspension of any further payment advance, or and Training Administration. The ratio of trainees to guarantee of funds. Furthermore failure to submit the joumeymen on the job site shall not be greater than required records upon request or to make such records permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not available maybe grounds for debarment action pursuant to 29 CFR Part 5.12, less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage (Apprentices and Trainees. determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If (4) Apprentices. Apprentices will be permitted to work at the trainee program does not mention fringe benefits, less than the predetermined rate for the work they trainees shall be paid the full amount of fringe benefits performed when they are employed pursuant to and listed on the wage determination unless the Administrator individually registered in a bona fide apprenticeship of the Wage and Hour Division determines that there is an F -26 apprenticeship program associated with the corresponding 10. (i) Certification of Eligibility. By entering into this journeyman wage rate on the wage determination which contract the contractor certifies that neither it (nor he or provides for less than full fringe benefits for apprentices. she) nor any person or firm who has an interest in the Any employee listed on the payroll at a trainee rte who is not registered and participating in a training plan approved contractor's firm is a person or firm ineligible to be by the Employment and Training Administration shall be awarded Government contracts by virtue of Section 3(a) of paid not less than the applicable wage rate on the wage the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be determination for the work actually performed. In addition, awarded HUD contracts or participate in HUD programs any trainee performing work on the job site in excess of the pursuant to 24 CFR Part 24. ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the (ii) No part of this contract shall be subcontracted event the Employment and Training Administration to or firm ineligible for award of a Government contract by withdraws approval of a training program the contractor virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR will no longer be permitted to utilize trainees at less than 5.12(a)(1) or to be awarded HUD contracts or participate the applicable predetermined rate for the work performed in HUD programs pursuant to 24 CFR Part 24. until an acceptable program is approved. (ii) Equal employment opportunity. The utilization of (iii) The penalty for making false statements is prescribed apprentices, trainees and journeymen under this part shall in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, be in conformity with the equal employment requirements U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C. of Executive Order 11246, as amended, and 29 CFR Part "Federal Housing Administration transaction ", provides in 30. in part: "Whoever, for the purpose of ... influencing in 5. Compliance with Copeland Act requirements. The any way the action of such Administration makes, contractor shall comply with the requirements of 29 CFR utters or publishers any statement knowing the same to be Part 3 which are incorporated by reference in this contract. false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 11. Complaints, Proceedings, or Testimony by 5.5(a)(1) through (10) and such other clauses as HUD or its Employees. No laborer or mechanic to whom the wage, designee may be appropriate instructions require, and also a salary, or other labor standards provisions of this Contract clause requiring the subcontractors to include these clauses are applicable shall be discharged or in any other manner in any lower tier subcontracts. The prime contractor shall discriminated against by the Contractor or any be responsible for the compliance by any subcontractor or subcontractor because such employee has filed any lower tier subcontractor with all the contract clauses in 29 complaint or instituted or caused to be instituted any CFR Part 5.5. proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards 7. Contract termination; debarment. A breach of the applicable under this Contract to his employer. contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a B. Contract Work Hours and Safety Standards Act. As contractor and a subcontractor as provided in 29 CFR 5.12. used in this paragraph the terms "laborers" and "mechanics" include watchmen and guards. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the (1) Overtime requirements. No contractor or sub - Davis -Bacon and Related Acts contained in 29 CFR Parts contractor contracting for any part of the contract work 1, 3, and 5 are herein incorporated by reference in this which may require or involve the employment of laborers contract. or mechanics'a11 require or permit any such laborer or mechanic in any work week in which he or she is employed 9. Disputes concerning labor standards. Disputes arising on such work to work in excess of eight hours in such work out of the labor standards provisions of this contract shall week unless such laborer or mechanic receives not be subject to the general disputes clauses of this compensation at a rate of pay for all hours worked in contract. Such disputes shall be resolved in accordance excess of eight hours in any calendar day or in excess of with the procedures of the Department of Labor set forth in forty hours in such workweek, whichever is greater. 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any (2) Violation; liability for unpaid wages; liquidated of its subcontractors) and HUD or its designee, the U.S. damages. In the event of any violation of the clause set Department of Labor, or the employees or their forth in subparagraph (1) of this paragraph, the contractor representatives. and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and F -27 subcontractor shall be liable to the United States (in the insert in any subcontracts the clauses set forth in case of work done under contract for the District of subparagraph (1) through (4) of this paragraph and also a Columbia or a territory, to such District or to such clause requiring the subcontractors to include these clauses territory), for liquidated damages. Such liquidated in any lower tier subcontracts. The prime contractor shall damages shall be computed with respect to each individual be responsible for compliance by any subcontractor or laborer or mechanic, including watchmen and guards, owner tier subcontractor with the clauses set forth in employed in violation of the clause set forth in subparagraphs (1) through (4) of this paragraph. subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or C. Health and Safety permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of (1) No laborer or mechanic shall be required to work in the overtime wages required by the clause set forth in sub surroundings or under working conditions which are paragraph (1) of this paragraph. unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health (3) Withholding for unpaid wages and liquidated standards promulgated by the Secretary of Labor by damages. HUD or its designee shall upon its own action or regulation. upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, (2) The Contractor shall comply with all regulations from any moneys payable on account of work performed issued by the Secretary of Labor pursuant to Title 29 Part by the contractor or subcontractor under any such contract 1926 (formerly part 1518) and failure to comply may result or any other Federal contract with the same prime contract, in imposition of sanctions pursuant to the Contract Work or any other Federally - assisted contract subject to the Hours and Safety Standards Act. (Public Law 91 -54, 83 Contract Work Hours and Safety Standards Act which is Stat 96). held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such (3) The Contractor shall include the provisions of this contractor or subcontractor for unpaid wages and liquidated Article in every subcontract so that such provisions will be damages as provided in the clause set forth in paragraph (2) binding on each subcontractor. The Contractor shall take of this paragraph. such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of (4) Subcontracts. The contractor or subcontractor shall Labor shall direct as a means of enforcing such provisions. 77. 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 -28 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE LABOR CLASSIFICATION AND MINIMUM WAGE SCALE A. GENERAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, Page 91, Chapter 45, provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate of per diem wages which shall be paid for each craft type of workman. This Article further provides that the CONTRACTOR shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after full investigation by the awarding body, the amount of this penalty in any payment that might be claimed by the CONTRACTOR or Subcontractor. The Act makes the CONTRACTOR responsible for the acts of the Subcontractor in this respect. The Article likewise requires that the CONTRACTOR and Subcontractor keep an accurate record of the names and occupations of all persons employed by him and show the actual per diem wages paid to each worker, and these records are open to the inspection of the OWNER. B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto. G -1 General Decision Number: TX140056 01/03/2014 TX56 Superseded General Decision Number: TX20130056 State: Texas Construction Type: Highway Counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 01/03/2014 * SUTX2011 -013 08/10/2011 Rates Fringes CEMENT MASON /CONCRETE FINISHER (Paving and Structures) $ 12.98 ELECTRICIAN $ 27.11 FORM BUILDER /FORM SETTER Paving & Curb $ 12.34 Structures $ 12.23 LABORER Asphalt Raker $ 12.36 Flagger $ 10.33 Laborer, Common $ 11.02 Laborer, Utility $ 11.73 Pipelayer $ 12.12 Work Zone Barricade Servicer $ 11.67 PAINTER (Structures) $ 18.62 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.06 Asphalt Paving Machine $ 14.32 Broom or Sweeper $ 12.68 Concrete Pavement Finishing Machine $ 13.07 Concrete Paving, Curing, Float, Texturing Machine $ 11.71 Concrete Saw $ 13.99 Crane, Hydraulic 80 Tons or less $ 13.86 Crane, Lattice boom 80 tons or less $ 14.97 Crane, Lattice boom over 80 Tons $ 15.80 Crawler Tractor $ 13.68 Excavator, 50,000 pounds or less $ 12.71 Excavator, Over 50,000 pounds $ 14.53 Foundation Drill, Crawler Mounted $ 17.43 Foundation Drill, Truck Mounted $ 15.89 Front End Loader 3 CY or Less $ 13.32 Front End Loader, Over 3 CY $ 13.17 Loader /Backhoe $ 14.29 Mechanic $ 16.96 Milling Machine $ 13.53 Motor Grader, Fine Grade $ 15.69 Motor Grader, Rough $ 14.23 Off Road Hauler $ 14.60 Pavement Marking Machine $ 11.18 Piledriver $ 14.95 Roller, Asphalt $ 11.95 Roller, Other $ 11.57 Scraper $ 13.47 Spreader Box $ 13.58 Servicer $ 13.97 Steel Worker Reinforcing Steel $ 15.15 Structural Steel Welder $ 12.85 Structural Steel $ 14.39 TRUCK DRIVER Low Boy Float $ 16.03 Single Axle $ 11.46 Single or Tandem Axle Dump $ 11.48 Tandem Axle Tractor w /Semi Trailer $ 12.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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. E #ample: SULA2004 -007 5/13/2010. SU indicates the rates are not + union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------- - - - - -- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------- - - - - -- END OF GENERAL DECISION • ' ti �� - 5�� 4k SECTION H te �ee-- 1 . a , - " 44' a� yam, • SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT - PART A A. NAME AND LOCATION OF PROJECT. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled: TUNNEL DEMOLITION AND BACKFILL 501 PROCTER to Serve Port Arthur Economic Development Corporation, Job No. EDC -200, 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 TUNNEL DEMOLITION AND BACKFILL 501 PROCTER to Serve Port Arthur Economic Development Corporation, EDC -200, Contract No.1.. 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 Demolition Plan 4 Paving and Joint Layout Plan 5 -7 City of Port Arthur Construction Details D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph C. above, is included in items of BID for which unit prices are shown, and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. Port Arthur Economic Development Corporation 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 -1A SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall ", "in conformity therewith ", "shall be ", "as noted on PLANS ", "according to PLANS ", "a ", "an", "the ", and "all ", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein, or both, including all labor, materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved ", "satisfactory ", "designated ", "submitted ", "observed ", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer ". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) H -1 B 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 8'/2 -inch x 11 -inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 8 '/2 -inch x 11 -inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. .COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. 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 or 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 27 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 8 � p ti SE C TION 1 g ., PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of Port Arthur of County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur, Port Arthur Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 20, entered into a formal contract with the City of Port Arthur for , 20 which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. 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. 20 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 SECT • a PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of 2000, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this 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 20 ATTEST: Principal BY: ( (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney -in -Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J -2 SECTION K NOTICE OF AWARD (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE OF AWARD' HERE • • • a • ,% SE CTION L : ,1 NOTICE TO PROCEED (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE TO PROCEED" HERE SECTION M INSURANCE (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "INSURANCE DOCUMENTS" HERE SECTION N TECHNICAL SPECIFICATIONS 08/03/2004 ITEM NO. A3050 - GEOTEXTIT.ES FOR USE IN SEPARATION APPLICATIONS PART 1 - GENERAL 1.01 DESCRIPTION This work shall consist of furnishing and placing a geotextile for use as a permeable separator to prevent inter - mixing of dissimilar materials such as: subgrades and surfaced or unsurfaced pavement materials; and foundations and select fill materials. The geotextile shall be designed to allow passage of water while retaining in -situ soil. This specification does not address geotextiles used for reinforcement. PART 2 - PRODUCTS 2.01 MATERIALS A. Fibers. The geotextile shall be composed of synthetic fibers formed into a woven or nonwoven fabric. Fibers used in the manufacture of the geotextile shall be composed of at least 85 percent by weight polyolefins, polyesters, or polyamides. The geotextile shall be free of defects or flaws which significantly affect its physical properties. Unless modified by Special Provision to this Item, the geotextile shall meet the requirements of Table 1. The choice of a geotextile for this application is determined by the ability of the geotextile to survive installation stresses as shown in Table 2. [See Next Page for TABLE 1] A3050 - 1/6 08/03/2004 TABLE 1 PHYSICAL REQUIREMENTS" 2 3 GEOTEXTILES IN SEPARATION APPLICATIONS Property Units Required Values Test Methods Medium High Survivability Survivability Tensile Strength lbs 180 270 ASTM D -4632 Elongation % 50 50 ASTM D -4632 Seam Strength lbs 160 240 ASTM D -4632 Puncture Strength lbs 70 100 ASTM D -4833 Trapezoid Tear lbs 70 100 ASTM D -4533 Strength Permitivity 1 /sec .02 .02 ASTM D -4491 Apparent Opening U.S. Standard [See Note 6] [See Note 6] ASTM D -4751 Size Sieve Ultraviolet Stability % 70 70 ASTM D -4355 NOTES: Conformance of geotextiles to specification property requirements shall be determined according to ASTM D -4873, "Guide for Identification, Storage, and Handling of Geotextiles ". 2 Owner may require a letter from the manufacturer certifying that its geotextile meets specification requirements. 3 All numerical values, except those of elongation, represent minimum average roll values (i.e., average test results from any sampled roll in a lot shall exceed the minimum average roll values) in weaker principal direction. Values of elongation represent maximum average roll values. Lot sampled according to ASTM D -4354, "Practice for Sampling Geosynthetics for Testing ". 4 Recommended survivability ratings are provided in Table 2. 5 Permitivity shall be greater than the specified minimum value and result in a geotextke permeability which is greater than the permeability of the subgrade soil. 6 Minimum #30 U.S. Standard Sieve (maximum 0.6mm) for subgrade soils with 50 percent or greater particles by weight passing the #200 U.S. Standard Sieve. Minimum #50 U.S. Standard Sieve (maximum 0.297mm) for subgrade soils with more than 50 percent particles by weight passing the #200 U.S. Standard Sieve. Design apparent opening size to be selected by the design engineer based on site soil and groundwater conditions. Percent of tensile strength retained as evaluated using ASTM D -4632, "Test Method for Breaking Load and Elongation of Geotextiles (Grab Method)" after conditioning for 500 hours. A3050 - 2/6 08/03/2004 TABLE 2 CONSTRUCTION SURVIVABILITY RATINGS]' 2 3 4 Subgrade CBR At < 1 1 -2 > 2 Installation — Equipment Contact 50 < 50 > 50 < 50 > 50 < 50 Pressure (psi) Compacted Aggregate Thickness (in.) 5 46 NR NR H M M M 6 NR NR H M M M 12 NR H M M M M 18 H M M M M M NOTES: From "Geotextile Design and Construction Guidelines ", Federal Highway Administration, Publication No. FHWA -11I -90 -001, October 1989. 2 H = HIGH 3 M = MEDIUM 4 NR = NOT RECOMMENDED 5 Maximum aggregate size not to exceed one -half the compacted thickness. 6 The four -inch minimum cover is intended for existing road bases and not intended for use in new construction. PART 3 - EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Shipment and Storage. The geotextile rolls shall be furnished with suitable wrapping for protection against moisture and extended ultraviolet exposure prior to placement. Rolls shall be stored in a manner which protects them from the elements. If stored outdoors, they shall be elevated and protected with a waterproof cover. At no time shall the geotextile be exposed to ultraviolet light for a period exceeding fourteen (14) days. The geotextile rolls shall be labeled as per ASTM D -4873, "Guide for Identification, Storage, and Handling of Geotextiles ". A3050 - 3/6 08/03/2004 B. Site Preparation. The installation area shall be prepared by clearing all debris or obstructions which may damage the geotextile. Trees and large bushes should be cut at ground level. In most cases, all native vegetation, roots, and topsoil must be removed from the roadway subgrade prior to geotextile placement. Where required by the contract documents, soft and otherwise unsuitable subgrade areas shall be identified, excavated and backfilled with select material in accordance with the contract documents. Stabilization of these areas may be enhanced by use of a geotextile at the bottom of the excavation before backfilling. However, when designed for soft or wet subgrade conditions, native vegetation, roots and topsoil may be left in place so as to limit disturbance and resulting shear strength loss of the subgrade soil. C. Geotextile Placement: The geotextile shall be unrolled as smoothly as possible on the prepared subgrade in the direction of construction traffic. Geotextile rolls shall be overlapped in the direction of subbase placement. The geotextile shall be overlapped or seamed in accordance with the minimum requirements provided in Table 3. Sewing is recommended where subgrade soils exhibit a CBR less than 0.5 and is preferred where subgrade soils exhibit a CBR greater than 0.5 but less than or equal to one. If required, the geotextile may be held in place prior to subbase placement with pins, sand bags, or piles of fill or rock. On curves, the geotextile may be folded or cut to conform to the curve. If site conditions require geotextile seaming, the geotextile shall be cut and seamed on the curve. The fold or overlap shall be in the direction of construction and shall be held in place as prescribed above. The geotextile shall not be dragged across the subgrade. Damaged geotextiles, as identified by the engineer, shall be repaired immediately. The damaged area, plus an additional three (3) feet around the damaged area, shall be cleared of all fill material. A geotextile patch extending three (3) feet beyond the perimeter of the damage shall be constructed as directed by the engineer. Sewing of a geotextile patch may be required over soft subgrades as directed by the engineer. Damaged geotextile shall be repaired at no cost to the Owner. [See Next Page for TABLE 3] A3050 - 4/6 08/03/2004 TABLE 3 SEAM RECOMMENDATIONS1' 2 OVERLAP LOCATION SOIL STRENGTH (CBR) MINIMUM OVERLAP (FT.) Overlap of adjacent < 0.5 [See Note 3] geotextile rolls 1 > 0.5 3 < 2 2.5 > 2 1.5 Overlap of geotextile _< 0.5 [See Note 3] roll ends > 0.5 3 5 NOTES: Adapted from Task Force 25 and "Geotextile Design and Construction Guidelines ", Federal Highway Administration Publication No. FHWA -HI -90 -001, October 1989. 2 Overlap requirements are not applicable to sewn seams. 3 Overlaps are not recommended for soil CBR less than 0.5. 4 Sewn seams of adjacent geotextile rolls are preferred for soil CBR greater than 0.5 but less than or equal to one. 5 Sewn seams are acceptable for all soil CBRs. D. Aggregate Placement: The aggregate base or subbase (aggregate) shall be placed by end dumping adjacent to the geotextile or over previously placed aggregate. End dumping or tail gate dumping of aggregate on the geotextile will not be permitted. The aggregate shall be spread from the backdumped pile using a bulldozer or motor grader. A sufficient thickness of aggregate should be in place prior to dumping to minimize the potential of subgrade pumping and localized subgrade failure. The aggregate shall be placed on the geotextile in lifts not less than 6- inches thick. For low volume roads, the minimum lift may be reduced to a 4 -inch thickness at the discretion of the engineer. Traffic shall not be permitted directly on the geotextile. Sudden stops of turns by equipment operating on aggregate placed over geotextile shall be avoided. A smooth drum roller shall be used to achieve specified aggregate density. Any ruts occurring during construction shall be filled with additional aggregate and compacted to the specified density. Vibratory compaction shall not be used on the initial lift over the geotextile. A3050 - 5/6 08/03/2004 3.02 METHOD OF MEASUREMENT A. The geotextile shall be measured by the number of square yards from the payment lines shown on the plans or from the payment lines established in writing by the engineer. This excludes seams and overlaps. B. Subgrade preparation, excavation and backfill, bedding, and cover material are separate pay items. 3.03 BASIS OF PAYMENT Unless otherwise indicated, no separate payment for work performed under this item. Include cost of same in Contract prices bid for items of which this work is a component. A3050 - 6/6 10/13/2005 ITEM NO. B 1001 - CONCRETE PART 1- GENERAL 1.01 DESCRIPTION Scope: This Item governs for materials used; for storing and handling of materials; and for proportioning and mixing of concrete for reinforced concrete pavement, and all reinforced concrete precast and cast -in -place structures. 1. Contractor assumes responsibility for cost and design of proper concrete mixture. A. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Furnish laboratory reports showing proportions and materials selected will produce laboratory-mixed concrete of specified quality and having strengths 20 percent higher than 28 -day strength specified, at maximum slump and maximum air content specified. B. Owner to select testing laboratory, conforming ASTM E329, to make tests throughout concrete operations. When requested by Owner, Engineer or his representative will monitor tests and review results. 1.03 SUBMITTALS A. Samples 1. Furnish material samples to approved testing laboratory for review and testing. 2. Provide sufficient quantities for testing and determining mixes to produce concrete class specified. B. Mix Designs 1. Submit mix designs for each different concrete strength and for each different aggregate. 2. Secure confirhiaation of laboratory tests on proposed mix designs prior to submittal. 3. Use only approved mix designs. 4. Make required tests of mix as called for elsewhere in this specification under "Tests." C. Reports: Provide certified mill reports on cement and sieve analysis on aggregate. D. Tests 1. Make moisture tests of aggregate to ensure proper batching and proportioning. 2. Provide and maintain curing facilities conforming to ASTM C31. B1001 - 1/8 10/13/2005 3. For Structural Concrete: a. Perform sufficient number of tests to maintain check on quality. b. Conduct tests as per test procedures (ASTM C31 and C39 for Compression Test). c. When Portland cement concrete other than high - early - strength concrete is used, test minimum of two (2) standard 6 -inch by 12 -inch cylinders at 7 days and minimum of two (2) 6 -inch by 12 -inch cylinders at 28 days, for each 50 yards of concrete placed or each structure, whichever is less. d. When high - early- strength concrete is used, test minimum of two (2) standard 6 -inch by 12 -inch cylinders at 3 days and minimum of two (2) 6- inch by 12 -inch cylinders at 7 days for each 50 cubic yards of concrete placed or for each structure, whichever is less. Minimum strengths normally required at 7 and 28 days will be required at 3 and 7 days, respectively. 4. For paving concrete, test pavement work as required by PLANS and/or as follows: a. Make one beam for each 1,000 square yards of pavement, or part thereof, for each day's pour and/or one beam on each street. b. Size of beams as required by ASTM C31. c. Core sampling in accordance with requirements of Special Provision. d. If requirements not established by Special Provision, make one core for each 1,000 linear feet or pavement, or one core for each 2,500 square yards of pavement, or at least one core for each street, whichever is lease in area. e. Fill core hole with non - shrinking grout at no additional cost to Owner. f. Test core for compressive strength and for thickness. 5. For air entrainment, make two tests, in accordance with ASTM C138 or C173, for each day's placing. 6. Make slump tests periodically in accordance with ASTM C143. E. Specimen handling 1. Mark test specimens clearly in a definite sequence. 2. Transport and store specimens to prevent damage. 3. Provide insulated shed for storage of cylinders and beams. 4. Provide records identifying each cylinder with locations from which specimens were taken. 5. Cure specimens under laboratory conditions, except that for a possibility of surrounding air temperature falling below 40o F, additional specimens to be cured under job conditions may be required. F. Failure to Meet Specifications 1. Concrete failing to meet specifications will be rejected. 2. Should a 3 -day (high -early cement) or 7 -day (normal cement) test fail to meet established strength requirements, extended curing or resumed curing may be required. 3. Contractor to strength structures or replace portions thereof which fail to meet established strength requirements, at Contractor's expense. B1001 - 2/8 10/13/2005 4. Test cores, when required, to be in accordance with procedures of ASTM C42 at no additional cost to Owner. 1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Cement 1. Store in weathertight enclosure and protect against dampness, contamination, and warehouse set. 2. Use only one supply source for each aggregate stockpile. B. Aggregates 1. Stockpile to prevent excessive segregation, or contamination with other materials or other sizes of aggregates. 2. Use only one supply source for each aggregate stockpile. C. Admixtures 1. Store to prevent contamination, evaporation, or damage. 2. Protect liquid admixtures from freezing or harmful temperature ranges. 3. Agitate emulsions prior to use. PART 2 — PRODUCTS 2.01 MATERIALS A. Concrete: Ready -mix concrete conforming to ATSM C94 or site -mixed concrete (dry weight 145 -150 pounds per cubic foot). 1. Cements a. ASTM C150, Type I. b. ASTM Specifications for weight variations and length of storage. c. Use no caked cement. d. Deliver in bags for site -mixed concrete. e. Use only one brand of cement in any one structure. f. Cement for Class "P" concrete may be delivered in bulk if method of handling is approved. 2. Admixtures a. Air - entraining admixtures in accordance with ASTM C260. b. Water - reducing and retarding admixtures in accordance with ASTM C494, Type A, or Type D admixture, modified as follows 1) Bleeding water no greater than bleeding water of ASTM C494 reference concrete when tested as per ASTM C232. 2) Increase durability, decrease permeability, and increase resistance to surface scaling, when compared to ASTM C494 reference concrete. 3) No chlorides or alkalis added during manufacture of admixture. c. High range water - reducing admixture (superplasticizer) in accordance with ASTM C494, Type F or Type G modified as follows: B1001 - 3/8 10/13/2005 1) Superplasticized concrete to be nonsegregating, have little bleeding, and have physical properties similar to low water - cement ratio concrete. 2) Admixture composed of a synthesized suffocated polymer to be added to the concrete mixer with gauge water at the central batch plant. 3) Use only one liquid admixture to achieve the superplasticized concrete, except where air entrainment is desired, in which case, air entraining admixture to be compatible with superplasticizer admixture. 4) Treated concrete must be capable or maintaining superplastic state in excess of two hours. 5) Dosage as recommended by the manufacturer. d. Additional Requirements 1) Manufacturer to provide proof of successful field use of water - reducing and retarding admixture from recognized laboratories and other authorities. 2) Manufacturer to provide local representative and warehouse facilities, when requested by Owner. 3) Provide qualified concrete technician to assist in concrete mix design, if required. 4) If required, Contractor to acquire approved commercial laboratory testing at no cost to Owner to furnish certification of compliance with this specification. 5) Water reducing a retarding admixtures used in Class A and Class K concrete only, unless other wise specified. 6) Use manufacturer's published recommended dosage for optimum results as minimum requirements. Engineer may vary dosage after analysis of results of local commercial laboratory tests using materials from sources assigned by Contractors. 7) Dispensing and mixing equipment and procedures at batch plant are subject to approval. 3. Coarse Aggregate a. Durable particles of gravel, crushed gravel, crushed blast furnace slag, crushed stone, or combination thereof, conforming to ASTM C33. b. Use clean, durable particles, free from frozen materials, clay, salt, alkali, vegetable matter, or other coating, which would adversely affect strength of concrete or bonding of aggregate to cement paste. 1) Non - Prestressed Concrete aggregate size from No. 4 to 1 1/2-inch. 2) Prestressed Concrete aggregate size from No. 4 to 1 -inch. c. The maximum size coarse aggregate to be as indicated above or no greater than three- fourths of the minimum clear spacing between parallel reinforcing bars or prestressing tendons, whichever is smaller. 4. Fine Aggregate a. Natural sand as per ASTM C33. b. Fineness modulus between 2.4 and 2.9. B1001 - 4/8 10/13/2005 5. Water a. Free from oils, acids, alkalis, organic mater or other deleterious substances, and not containing more than 1,000 parts per million of sulphates. b. Testing not required from municipal supplies approved by Texas Commission on Environmental Quality (TCEQ), but from other sources water will be sampled and tested, at no additional cost to Owner, before use. 6. Slump a. Test method as per ASTM C143. b. As indicated in Classification Table. 7. Mix Proportioning a. As per Classification Table, based on maximum water - cement ratio and minimum strength requirements, with limits set on minimum cement content. b. Increase cement content above minimum or use approved admixtures, without additional cost to Owner, if type, gradation, or sizes of aggregate being supplied gives concrete mixture not meeting strength and workability requirements. 8. Coring Materials: Per Item "Concrete Structures." B. Nonshrink Grout: Grout to have moderate fluidity and to conform to Corps of Engineers Specification CRD -C 621 -82B. B1001 - 5/8 10/13/2005 CLASSIFICATION TABLE Max. Water Content" Min. Comp. Pounds of Gallons of Min. Cement Per Strength (psi) Water/Lb. Water/Bag C.Y.(2) Slump Range Total Air Content Class - Type 7 - Day 28 - Day Cement Cement Lbs. Bags (in.)* (%) A - Structural 2000 3000 0.55 6.25 494 5.25 21/2 to 41/2 21/2 to 41/2 Asp - Structural (3) 2000 3000 0.50 5.65 423 4.50 7 to 10 3 to 5 B -Slope 1200 2000 0.75 8.50 400 4.25 21/2 to 4 21/2 Protection C - Pipe Blocking - -- 1500 0.97 11.00 282 3.00 3 to 5 3 to 6 D - Seal Slab - -- - -- - -- - -- 376 4.00 6 to 8 As needed E - Monolithic 1 2000 3000 0.55 6.25 564 6.00 4 to 6 3 to 5 Sewer F - Prestressed (5) - -- 5000 0.51 5.75 635 6.75 2 to 3 As needed G - Prestressed (5) - -- 6000 0.49 5.50 658 7.00 2 to 3 As needed K - Structural (6) 2800 4000 0.50 5.65 564 6.00 31/2 to 5 21/2 to 41/2 Ksp - Structural (3) I 2800 4000 0.45 5.00 470 5.00 7 to IO 3 to 5 P> Paving 6 -Inch 1800 2800 0.66 7.50 423 4.50 3 to 5 21/2 to 41/2 450 a N P - Paving 7 -Inch 2000 3000 0.66 7.50 470 5.00 3 to 5 21/2 to 41/2 (s) 500 P> Paving 8 -Inch 2000 3000 0.66 7.50 470 5.00 3 to 5 21/2 to 41/2 550(7[ I * All slump Ranges + t/a - Inch Tolerance (1) Include in maximum water, free water in aggregate minus absorption of aggregate based on a 30- minute absorption period. (2) For concrete placed under water, minimum cement per cubic yard shall be 611 pounds (6.5 bags). (3) Asp and Ksp to contain approved High Range Water Reducing (HRWR) Admixture. (4) Maximum 2 -Inch slump before addition of HRWR Admixture. (5) For prestressed concrete, water - reducing admixture may be used as needed. (6) Use approved water - reducing and retarding admixture. (7) Minimum flexural strength at 7 days. (8) Slump range 1 -Inch to 3 -Inch when slip form method of construction used. B 1001 - 6/8 10/13/2005 PART 3 — EXECUTION 3.01 MIXING CONCRETE A. General 1. Ready mixed and in accordance with requirements of current ACI Building Codes. 2. Postpone or delay work during adverse weather conditions. 3. Protect dry batch material so that it reaches mixer in a dry condition. 4. Use batch mixer having approved and positive water control, and measuring device for all materials. 5. Continue mixing to ensure uniform distribution of materials, but not less than 11/2 minutes after all materials have been introduced into mixer drum. 6. Rotate drum at peripheral speed recommended by mixer manufacturer. 7. Mix and deliver as per ASTM C94. a. Add mixing water at plant. b. Mix concrete in quantities required for immediate use, and discharge at job site within one hour after introduction of cement to aggregate. If Contractor can prove that concrete consistency measured by slump will not be reduced by more than 2- inches when superplasticized concrete is used, time interval between mixing and placing may be extended to a maximum of 90 minutes or to a period in which slump loss will not exceed 2- inches. c. Begin mixing operation within 30 minutes after cement and aggregates intermingled. d. Ready -mixed concrete producer to furnish delivery tickets indicating: 1) Delivery date and time dispatched. 2) Name and location of project. 3) Name of contractor. 4) Name of ready mixed concrete producer. 5) Truck number. 6) Number of cubic yards of concrete in load. 7) Class of concrete. 8) Cement content in bags per cubic yard of concrete. 9) Amount of admixture in concrete, if any. 10) Number of gallons of water in mixture. 11) Ah content. 8. Job mix concrete in approved type mixer, and do not load beyond manufacturer's rated capacity. a. Normal Weight Concrete 1) Mix batches of one cubic yard or less for minimum of 1 minutes after materials are placed in mixer. 2) Increasing mixing time 15 seconds for each half yard increased over on cubic yard batch. b. Maintain positive batch control equipment to within one percent (1 %) accuracy. B1001 - 7/8 10/13/2005 c. Clean, maintain, and operate equipment so as to thoroughly mix material as required. d. Hand mixing permitted for small placements only, or in emergencies, as authorized. e. Hand -mixed batches not to exceed a two -bag in volume. 9. Do not mix when air temperature is at or below 40 deg. F (taken in the shade away from artificial heat) and falling, or if likely to fall below 40 deg. F in next 24 hours. 10. To produce concrete with minimum temperature of 50 deg. F, heat aggregate and/or water uniformly as follows: 1) Water temperature not to exceed 180 deg. F, and/or aggregate temperature not to exceed 150 deg. F. 2) Heat mass of aggregate uniformly. 3) Temperature of aggregates and water to be between 50 deg. F and 85 deg. F before introduction of cement. 3.02 INSTALLATION In accordance with other applicable TECHNICAL SPECIFICATIONS. 3.03 MEASUREMENT AND PAYMENT A. No separate measurement and payment for work performed under this Item, except as indicated below. Include cost of same in contract price bid for work of which this is a component part. B. Measure "Extra Concrete," when approved by Engineer, by cubic yard of concrete of class ordered, complete in place. Pay for "Extra Concrete unit price bid per cubic yard for classes of "Extra Concrete" used B1001 - 8/8 10/13/2005 ITEM NO. B3001 - REINFORCING STEEL PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work 1. This Item governs for furnishing and placing of reinforcing steel, deformed and smooth. 2. Furnish chairs, ties, splicing devices, and other reinforcing accessories required to complete the work. 1.02 QUALITY ASSURANCE A. General: Conform to approved shop drawings and to ACI Manual of Practice for Detailing Reinforced Concrete Structures. B. Submittals 1. Submit shop drawings indicating location, placement, sizes, and bending. 2. When welding is required, furnish report of chemical analysis, showing percentages of carbon, manganese, phosphorus, and sulfur. C. Tests: Submit certified copy of mill certificates of compliance with requirements herein specified. 1.03 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver to job site free from dirt, loose scale and rust, paint, oil, or other foreign material. B. Storage: Store above surface of ground upon platforms, skids or other supports, and protect from mechanical injury and surface deterioration caused by exposure to conditions producing rust. C. Handling: Handle so as not to sustain crimping, bending, or warping before and during placement> B3001 - 1/4 08/03/2004 PART 2 - PRODUCTS 2.01 MATERIALS A. Reinforcing Steel 1. Deformed, conforming to ASTM A615, Grade 60. 2. Welded wire fabric conforming to ASTM A185. 3. Cold drawn steel wire conforming to ASTM A82. 4. Spiral reinforcement to be smooth (not deformed) bars or wire complying with ASTM A82. 5. Submit information on mechanical splicing devices, couplers, and all other reinforcing accessories. B. General Requirements 1. Nominal size, area, and theoretical weight in accordance with Table 1, ASTM A615 supplementary requirement. 2. Bending a. Bend in shop, cold, true to shapes indicated on PLANS. b. Irregularities in bending are cause for rejection. c. Detail bars in accordance with ACI 315. d. Inside diameter of bar bends, in terms of nominal bar diameter (d) of bar which is bent, in accordance with ACI 315. 3. Fabrication tolerances in accordance with ACI 315. 4. Splices a. Except where shown, not permitted without prior written approval. b. Not permitted in main reinforcement at points of maximum stress. c. When not indicated on PLANS, but permitted with prior written approval, subject to the following: 1. Not larger than #8 bars. 2. Not permitted in bars 30 feet or less in length, except vertical. 3. Distance center -to- center not less than 30 feet, and no individual bar length less than 10 feet. 4. Maintain specified concrete cover and tie bars together securely. 5. Stagger main bar splices in adjacent bars minimum bf two splice lengths. d. Lap Splices 1. See General Notes in PLANS for standard bar lap lengths. 2. Lap bars so that both bars will be in the same plane parallel with the nearest concrete surface. e. Welding Splices 1. Procedures and electrodes as specified in AWS D12.1. B3001 - 2/4 08/03/2004 2. For bars No. 6 and smaller, use lap weld splices with fillet weld equal to one -half bar diameter on each side for four inches in length. 3. For bars No. 7 and larger, use butt weld splices in accordance with Figure 3.5, AWS D12.1 4. Prepare ends for butt - welding in the field, and deliver bars of sufficient length to permit this practice. f. All splices, whether lap, weld, mechanical, or coupler, to develop full strength of bar. PART 3 - EXECUTION 3.01 INSTALLATION A. Place reinforcing steel in positions indicated by PLANS and approved shop drawings. 1. Dimensions shown are to centers of bars, unless otherwise noted. 2. Hold bars securely in place with tie wires and other approved means during placing of concrete. a. In plans of steel parallel to nearest surface of concrete, bars not to vary from PLAN placement by more than one - twelfth of spacing between bars. b. In plans of steel perpendicular to nearest surface of concrete, bars not to vary from PLAN placement by more than one - quarter inch. 3. Do not use looped wire bar ties ( "pig tails "). 4. Do not tack weld reinforcing. 5. Space steel required distance from forms by approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved precast mortar or concrete blocks. a. For approval of plastic spacers, provide samples of plastic, which show no indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. b. Cast precast block, maximum 2 -1/2 inches square, to thickness required for proper reinforcement clearance from forms. 6. Use hot- dipped galvanized metal or plastic chairs to support all reinforcink steel. Except for use with pavement steel, chairs need not be galvanized. 7. Use heavy bolster to support bottom layer of reinforcing in abutment caps, bent caps, and other beams. 8. In bridge deck slab, use two rows of supports for bottom layer of reinforcing parallel to beams for each by between beams. Use high chairs to support top layer. 9. Clean all mortar, mud, dirt, etc. from reinforcement before placing concrete. B3001 - 3/4 08/03/2004 10. Protect exposed steel from corrosion. 11. Placement of steel to be inspected before concrete is placed. 3.02 MEASUREMENT AND PAYMENT A. No separate measurement and payment for work performed under this Item, except as indicated below. Include cost of same in Contract unit prices bid for items of which this work is a component part. B. Measure "Extra Reinforcing Steel," when approved by Engineer, by pound of calculated weight of steel actually placed. Pay for "Extra Reinforcing Steel" at Contract unit prices bid per pound of "Extra Reinforcing Steel" used. B3001 - 4/4 ITEM NO. B3005 — CONCRETE CONSTRUCTION PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work 1. Construction of concrete structures, except concrete pavement. 2. Contractor assumes responsibility for design of concrete. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE Make test specimens to maintain check on concrete strength throughout job. 1.03 SUBMITTALS Submit designs for strength. PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete: Ready mixed conforming to ASTM C94 or site mixed. 1. Cement a. ASTM C150, Type I. b. Use no caked cement. c. Deliver in bags for site -mixed concrete. d. Use only one brand of cement in any one structure. 2. Water: Free from oils, acids, alkalis, organic matter, salts, or other deleterious substances. 3. Coarse Aggregate a. Per ASTM C33. b. Maximum size 1 inch. 4. Fine Aggregate: Natural sand conforming to ASTM C33. 5. Admixtures: Air - entraining admixtures in accordance with ASTM C260. 6. Classification: B3005 - 1/5 Class Type Min. 28 -day Max. Water Min. Cement Consistency Air Content Compressive Content per (bags per cu. Range in ( %) Strength (lbs. bag of Cement yard) Slump (in.) per sq. in.) (gal.) A Structural 3,000 6.25 5.25 2 to 41/2 21/2 to 4 B Slope 2,000 8.50 4.25 2 to 4 2 Protection C Pipe 1,500 11.0 3.0 3 to 5 3 to 6 Blocking D Seal Slab - - 4.0 6 to 8 as needed Include in maximum water, free water in aggregate minus absorption of aggregate based on a thirty- minute absorption period. B. Reinforcing Steel: 1. Bars a. Per ASTM C150, Type I. b. Grade 40 or Grade 60 (deformed). 2. Welded Wire Fabric: Per ASTM A185. C. Expansion Joint: Preformed rubber or cork conforming to ASTM D1752. D. Curing Material: 1. Water: Free from oils, acids, alkalis, organic matter, salts, or other deleterious substances. 2. Cotton Mats: Filling material of cotton "bat" (min. 12 oz. per sq. yd.) with unsized cloth covering (min. 6 oz. per sq. yd.) E. Timber: Seasoned, of good quality and free from loose or unsound knots, knot holes, twists, shakes, or decay. F. Non - shrink Grout: Premixed grout which is non - metallic, non - corrosive and non- staining; containing specially selected silica sands, cement, shrinkage compensating agents, plasticizing and water reducing agents. 1. Conform to requirements of Corps of Engineers CRD- CR621 -82B. 2. Yield of 0.9 cubic foot to 1.0 cubic foot per 100 pounds. 3. Mixing water per 100 pounds. a. Stiff: 2 gallons b. Plastic: 21/4 gallons c. Flowable: 21/2 gallons 4. Minimum 28 -day compressive strength of 8,000 psi. 5. Maintain grout temperature during placement between 50 °F and 90 °F. G. Polyethelene Film for Permanent Moisture Barrier: Minimum thickness .006 inch (six Mils) and high impact - strength rating. B3005 - 2/5 H. Concrete Bonding Agent: "Daraweld -C" as manufactured by W.R. Grace and Co., or "Bond Crete -S" as manufactured by Burke Concrete Accessories, Inc. PART 3 - EXECUTION 3.01 CONSTRUCTION A. Forms 1. Timber: Mortar tight; smooth surface; true to line and grade and adequately braced. 2. Provide plywood or masonite surfaces for concrete faces to be rub finished. B. Mixing Concrete 1. Mix and deliver in accordance with ASTM C94. 2. Clean and maintain equipment for good operation. 3. Job -mix concrete in approved type mixer for minimum of 11/2 minutes for 1 cubic yard batch. Add 15 seconds for each half yard increase over 1 cubic yard batch. 4. Do not mix when air temperature is 40 °F and falling. C. Placing Concrete 1. General Requirements: a. Give notice before placement. b. Place in daylight hours. c. Discharge within one (1) hour after start of mixing. 2. Handling and Transporting: a. Use method to prevent segregation. b. Use buckets, chutes, buggies, pipes, or troughs. c. Protect against sun and wind, to prevent loss of slump and workability. d. Use of aluminum equipment not permitted. 3. Depositing: a. Continuous horizontal layers 12 inches thick. b. Limit free fall to 5 feet. c. Use tremies for free fall over 5 feet. d. Minimum temperature of all concrete at time of placement to be not less than 50 °F. e. Concrete temperature at time of placement not to exceed 85 °F, plus a maximum tole i ance of 5°F. f. Use retarding agent for air temperatures above 85 °F. g. Provide thermometer for temperature verification. h. Concrete work varying from requirements specified will be rejected. D. Curing Concrete 1. Cure for six consecutive curing days, except for high- early - strength concrete. 2. Cure high- early - strength concrete for three consecutive curing days. B3005 - 3/5 3. "Curing Day" is a calendar day whose temperature is above 50 °F for at least 19 hours. E. Form Removal 1. Remove forms under slabs, beams, or girders after seven days. 2. Remove all other forms after two days. F. Patching Concrete: Patch honeycomb and tie holes. G. Defective Work: Repair or replace at Contractor's expense immediately after form removal. H. Slab Finish: Wood float, or steel trowel as designated on PLANS. I. Rub - Finished Surfaces 1. Rub - finish exposed vertical and battered surfaces from 6 inches below final ground line of low water to top. 2. No rubbing required for structures extending 12 inches or less above ground or water. 3. Provide two rubbings: a. First with No. 16 carborundum stone. b. Second with No. 30 carborundum stone. 4. Finish to provide clean, smooth, uniform surface. J. Grout: One part Portland cement to two parts sand, by weight. K. Construction Joints: As shown or as approved. L. Reinforcing Steel 1. Bend, clean, place and tie in accordance with ACI Standards. 2. Splice bars only at locations shown on PLANS. 3. Lap bars in accordance with table shown on "Concrete Standards" sheet or as indicated or noted on drawings. M. Cleanup: Clean area from time to time during construction and clean area completely after completion of work. 3.02 MEASUREMENT AND PAYMENT A. No separate payment for work performed under this Item except as indicated below. Include cost of same in Contract price bid for work of which this is a component part. B. "Extra Concrete ", when approved by Engineer, to be measured by cubic yard of concrete, complete in place. Pay to be at Contract unit Price per cubic yard for classes of "Extra Concrete" used. B3005 - 4/5 C. "Extra Reinforcing Steel ", when approved by Engineer, to be measured by pound of calculated weight of steel actually place. Pay to be at Contract unit price per pound of "Extra Reinforcing Steel" used. END OF ITEM B3005 - 5/5 Rev. 02/21/2011 ITEM NO. C3002 — CONCRETE MASONRY PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work 1. This Item governs materials, storing and handling of materials, proportioning and mixing of materials, and construction of all types of structures involving concrete masonry. 2. Contractor assumes responsibility for design of proper mortar mixture. B. Related Work Specified Elsewhere 1. Reinforcing Steel: Per Item "Reinforcing Steel." 2. Paint and Protective Coating: Per Item "Painting and Protective Coating." 3. Clay Masonry: Per Item "Clay Masonry." 4. Caulking: Per Item "Caulking." 1.02 QUALITY ASSURANCE Submittals 1. Samples: Submit samples of masonry for approval of color and texture. 2. Mix Designs a. Submit mortar mix designs for each different kind of mix. b. Secure confirmation of laboratory tests on proposed mix designs. 3. Reports: a. Provide certified mill reports on cement and sieve analysis on fine aggregate. b. Furnish laboratory reports showing proportions and materials selected which will produce laboratory-mixed mortar of the specified quality and strength. PART 2 - PRODUCTS 2.01 MATERIALS A. Supplier: Materials by Lone Star Cement, Trinity Portland, USG, or Universal Atlas. B. Concrete Masonry Units 1. Hollow load - bearing concrete masonry units Grad N, Type I, normal weight aggregate, as per ASTM C90 -75. 2. Solid load - bearing concrete masonry units Grade N, Type I, normal weight aggregate, as per ASTM C145 -75. 3. Hollow or solid units to be high pressure steam cured. C3002 - 1/4 Rev. 02/21/2011 C. Cement 1. Portland cement as per ASTM C150 -78. 2. Nonstaining cement meeting ASTM requirements for "Nonstaining Cement." D. Lime 1. Lime in accordance with ASTM C207 -76, Type S "Double- hydrated lime ", 92 percent hydration. 2. Certification of double hydration is required. E. Sand: Clean, natural, light- colored sand as per ASTM C144 -76. F. Water: Clean, potable, and free of any deleterious materials as per ASTM C94 -78. G. Mortar 1. Consisting, by volume, of 1 part Portland cement, a maximum of lh part lime putty, 4 parts sand, water as required, and having a minimum compressive strength at 28 days of 1,800 psi. 2. Color to be approved brand, pure, substantially nonfading, mineral pigments. H. Waterproofing: Add one pound of admixture, "Omicron" (Master Builders) or "Hydratite" (W.R. Grace and Company), to each cubic foot of cementitious material (cement, hydrated lime, or lime putty) in mix in strict accordance with manufacturer's specifications. I. Reinforcement: Truss type, 3/16 -inch extra heavy as manufactured by AA Wire Products Co., or Dur -O -Wal National, Inc. PART 3 — EXECUTION 3.01 GENERAL REQUIREMENTS Preconstruction Submittals: Prior to start or work, submit information regarding method of construction, type of equipment, and handling and storage. 3.02 CONSTRUCTION A. Storing and Handling Materials 1. Prevent foreign matter or materials in work. 2. Prevent damage from weather or ground. 3. Deliver and store manufactured materials, such as lime and cement, in original packages, plainly marked with brand and manufacturer's name. 4. Materials in broken containers or in packages showing watermarks or other evidence of damage, will be rejected. C3002 - 2/4 Rev. 02/21/2011 B. Mortar Mixture 1. Measure materials accurately by volume and mix thoroughly as per ASTM C270- 73. 2. Do not add water to mortar that has stiffened due to delay in placing. 3. Discard mortar too stiff to place. C. Masonry Construction 1. In accordance with "Building Code Requirements for Masonry," ANSI A41.1 -53. 2. Construct walls plumb and true, with courses level, running bond, and having uniform thickness of joints. 3. Bond and anchor intersecting walls. 4. Clean exposed surfaces of set masonry with wire brush and wet lightly before placing fresh masonry thereto. 5. Remove loose units and mortar. 6. Use recommended procedures of International Masonry Industry All- Weather Council. 7. Do not lay units when air temperature is below 40 °F. 8. Do not lay units with water or ice on surfaces, or on frozen materials. 9. Construct walls in dry weather, and provide waterproof covering if work is suspended. 10. Dampen masonry just prior to laying. 11. Provide and install anchors, nailing strips, hangers, and similar devices as required or specified. 12. Place dry blocks only, in wall. 13. Use full mortar bedding except for weep hole drainage. 14. Shove vertical joints tight. 15. Provide smooth concave exterior joints made with suitable tool after mortar has stiffened. 16. Strike joints flush on interior face of walls. 17. Fill cells as indicated. 18. Remove projecting mortar and other surface irregularities and clean wall with diluted muriatic acid. 19. Install masonry wall reinforcement in first and second bed joints, 8 inches apart, immediately above lintels and below sills at openings, and in bed joints at 16 -inch vertical intervals elsewhere. Extend reinforcement at openings two feet beyond jambs, and make all other reinforcement continuous except at control joints. Lap side rods a minimum of six inches at splices. Provide minimum % -inch mortar cover on exterior faces and 1 /2 -inch mortar cover on interior faces. In walls constructed with more than one width, use reinforcing with three side rods. In cavity walls, use reinforcing with drip. 20. Prepare walls for thru -the -wall flashings as indicated. 21. Construct walls watertight against blowing rains, and waterproof exterior walls in accordance with Item "Painting & Protective Coating." C3002 - 3/4 Rev. 02/21/2011 D. Incidental Work 1. Follow Details on drawings as to actual dimensions required for clearances, alignment, etc. 2. Build in all vertical expansion joint materials where indicated. E. Cleanup: Clean up and remove masonry work debris during construction, and clean up area completely and thoroughly after completion of work. 3.03 MEASUREMENT AND PAYMENT No separate measurement and payment for work performed under this Item. Include cost of same in Contract unit prices bid for items of which this work is a component part. END OF ITEM C3002 - 4/4 08/03/2004 ITEM NO. K3007 - REMOVAL OF EXISTING PAVEMENTS AND CURBS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Remove existing concrete and /or asphalt pavement and concrete curbs as indicated on PLANS. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 — PRODUCTS Not applicable to this Item. PART 3 — EXECUTION 3.01 METHOD OF REMOVAL A. Remove pavements and curbs by methods that will not damage existing underground utilities or existing surface facilities that will remain in service adjacent to work area. In areas where only a portion of existing concrete is to be removed, special care is to be exercised to avoid damage to portions of concrete remaining in place. B. Existing concrete to be cut to the neat lines as shown on PLANS. Existing concrete beyond the established neat lines, which is damaged or destroyed by these removal operations to be replaced at Contractor's expense. C. Provide clean break from existing pavement that will remain in place with a sawed joint. Saw joint along break line with a power driven concrete pavement saw. Cut groove to a minimum depth of 2 inches on concrete surface or 3/ inch on asphalt surfaces. Break and remove all unwanted pavement and curb. Cut exposed pavement reinforcement to remain in place, as necessary, to provide sufficient length as dowel bars. D. Unless shown on PLANS, excavations for the removal of pavement or curbs to be backfilled to grade with excavated material compacted to a density equal to density of material inside of trench. K3007 - 1/2 08/03/2004 E. Unless shown on PLANS, all materials removed except inlet frames and grates, manhole frames and covers, and salvageable utility pipe and fittings to become property of Contractor. Remove and dispose material at locations off jobsite in such a manner so as not to cause damage to Owner or any individual. 3.02 MEASUREMENT AND PAYMENT A. Unless otherwise indicated, no separate payment for work performed under this Item if noted as such in PLANS. Include cost of same in Contract price for work of which this is a component part. B. When indicated in the PROPOSAL, measure removal of existing pavement and/ or curbs or curbs and gutters as indicated below. Pavement to be made at Contract price bid for the following items as applicable. Such payment to be full compensation for all work described herein, including removal of curbs and/or gutters. 1. Pay for "Removal of Existing Concrete Pavement" at contract price bid per square yard. 2. Pay for "Removal of "Existing Asphalt Pavement" at contract price bid per square yard. 3. Pay for "Removal of Existing Concrete Pavement with Asphalt Overlay" at contract price bid per square yard. 4. Pay for "Removal of Existing Concrete Curb" at contract price bid per linear foot. K3007 - 2/2 Std. 10/08/2008 ITEM NO. K3015 - FLEXIBLE BASE, CRUSHED STONE PART 1 - GENERAL 1.01 DESCRIPTION Extent of Work: Furnish and install a base course of crushed stone, constructed on a prepared subgrade, and conforming to the lines, grades, thickness, and typical sections shown on PLANS and per the TEXAS DEPARTMENT OF TRANSPORTATION 2004 STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS AND BRIDGES. PART 2 — PRODUCTS Obtain material from approved sources and consisting of durable particles of stone with approved binder materials. Submit samples for testing. Processed material, when properly staked and tested by standard laboratory methods, to meet following requirements: TABLE 1 MATERIAL REQUIREMENTS Property Test Method Grade 1 Grade 2 Grade 3 Grade 4 Master gradation sieve size (% retained) 2 -1/2 in. — 0 0 1 -3/4 in. 0 0-10 0 -10 As shown 7/8 in. Tex -110 -E 10-35 — — on the plans 3/8 in. 30-50 — — No. 4 45 -65 45 -75 45 -75 No. 40 70-85 60 -85 50-85 As Liquid limit, % max) Tex -104 -E 35 40 40 on the plans As shown Plasticity index, max.1 Tex -106 -E 10 12 12 on the plans Plasticity index, min. As shown on the plans Wet ball mill, % max . 40 45 — Wet ball mill, % max. Tex -116 -E As shown increase passing the 20 20 — on the plans No. 40 sieve As shown • Classification 1.0 1.1 -2.3 — on the plans • Min. compressive Tex-1 17-E strength ,psi As shown lateral pressure 0 psi 45 35 — on the plans lateral pressure 15 psi 175 175 — 1. Determine plastic index in accordance with Tex -107 -E (linear shrinkage) when liquid limit is unattainable as defined in Tex - 104 -E. 2. When a soundness value is required by the plans, test material in accordance with Tex - 411 -A. 3. Meet both the classification and the minimum compressive strength, unless otherwise shown on the plans. K3015 - 1/3 Std. 10/08/2008 MATERIAL TYPES. Do not use fillers or binders unless approved. Furnish the type specified on the plans in accordance with the following. TYPE A Crushed stone produced and graded from oversize quarried aggregate that originates from a single, naturally occurring source. Do not use gravel or multiple sources. TYPE B Crushed or uncrushed gravel. Blending of 2 or more sources is allowed. TYPE C Crushed gravel with a minimum of 60% of the particles retained on a No. 4 sieve with 2 or more crushed faces as determined by Tex - 460 -A, Part I. Blending of 2 or more sources is allowed. TYPE D Type A material or crushed concrete. Crushed concrete containing gravel will be considered Type D material. Crushed concrete must meet the requirements in Section 247.2.A.3.b, "Recycled Material (Including Crushed Concrete) Requirements," and be managed in a way to provide for uniform quality. The Engineer may require separate dedicated stockpiles in order to verify compliance_ TYPE E As shown on the plans. PART 3 — EXECUTION 3.01 CONSTRUCTION METHODS A. Preparation: Finish subgrade preparation in conformance with typical sections shown on PLANS and other applicable items of Technical Specifications prior to delivery of base course. B. Placement and Compaction: Deliver material in approved vehicles of uniform capacity. Spread and shape material deposited on same day to thickness and cross section that will provide required minimum thickness and section after compaction. In the event inclement weather or other unforeseen circumstances render impractical spreading of material during first 24 -hour period, scarify and spread material as required. Sprinkle material, if required and blade, drag and shape to conform to typical sections as shown on PLANS. Correct or remove and replace areas and "nests" of segregated coarse or fine material with well - graded material. Then sprinkle coarse as required and compact to extent necessary to provide a minimum of 95 percent K3015 - 2/3 Std. 10/08/2008 AASHTO T 180 -74 density at or near optimum moisture content. Compact full depth of flexible base as shown on PLANS to the extent necessary to remain firm and stable under construction equipment. After each section of the flexible base is completed, tests as necessary. If the materials fail to meet density requirements, rework as necessary to meet requirements. Throughout entire operation, shape coarse by blading. Surface upon completion to be smooth and conform to typical section shown on PLANS and to establish lines and grades. Correct all irregularities, depressions or weak spots immediately by scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. If base coarse, due to any reason or cause, loses required stability, density and finish before the surfacing is complete, recompact and refinish at the sole expense of the Contractor. Use sheep foot, steel or pneumatic rollers, or a combination for compacting the material to the density previously indicated. Start rolling operations as soon as possible after material is spread. Roll longitudinally with subgrade and, if required by Engineer, roll diagonally or crosswise to direction of first rolling. Roll until material is firmly and uniformly compacted and does not yield or move when the roller is operated over base course. Remove and replace any material that will not compact as outlined above. After base material has been firmly compacted, sprinkle with water and slush roll. Sprinkle and slush roll until surface is sealed and hard, and acceptable to Engineer. Cure base course for a minimum of 72 hours prior to surface course application. 3.02 MEASUREMENT AND PAYMENT A. Measure by square yard at thickness specified on PLANS. Any compacted base found not meeting this thickness to be removed and replaced at sole expense of Contractor. B. Pay for "Crushed Stone Flexible Base" Contract unit price per square yard, Complete in Place, which price shall be full compensation for furnishing all materials, equipment, labor, tools, water and incidentals necessary to complete work K3015 - 3/3 4 _ �- �•G.'� '".' S �"�"��. �. yr c �+ �x' �. .��vay, • s�,��.e4. SECTION O QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED TO BY [Corporation, Co- Partnership, An Individual] PRINCIPAL OFFICE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor (b) As a sub - contractor 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner 0 -1 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? • • What experience in this type of work is enjoyed by the superintendent designated under (b) above? O -2 8. What portions of the work do you intend to sub -let? 9. What equipment do you own that is available for the proposed work? Description, Size Years of Present Qty. Item Capacity, Etc. Condition Service Location 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? 0 -3 11. List the construction projects your organization has underway on this date: Contract Class of Amount Percent Name and Address of Owner Work Complete or Contracting Officer Dated at this day of 19 BY: TITLE: 04 APPENDIX "A" FORM FOR REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR ECONOMIC DEVELOPMENT COPORATION DATE: MONTH OF: 2014. NAME OF PROJECT: CONTRACTOR: TO: CITY OF PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR, TEXAS 77641 -1089 ATTENTION: Floyd Batiste Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified (circle dates actually lost; do not include days not normally worked, such as Saturdays, Sundays, or holidays): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DAYS LOST ( ) - 5 X 7 = CALENDAR DAYS REQUESTED Reason(s) for Request: [Name of Contractor] BY: *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Approved for extension of calendar days. Disapproved. Date: , 2014 CITY OF PORT ARTHUR BY: Distribution: Original: Executive Director Copy: Engineer Contractor 1/I