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HomeMy WebLinkAboutPR 18413: 18TH STREET PAVING AND DRAINAGE IMPROVEMENTS P.R.No. 18413 7/11/141em RESOLUTION NO. A RESOLUTION AUTHORIZING THE AWARD OF BID AND THE EXECUTION OF A CONTRACT FOR THE 18th STREET PAVING AND DRAINAGE IMPROVEMENTS PROJECT — STILWELL BOULEVARD TO FORT WORTH AVENUE, WITH MCINNIS CONSTRUCTION, INC., OF SILSBEE, TEXAS IN THE AMOUNT OF $2,781,583.85, GLO ROUND 2.1 PROGRAM, PROJECT NO. 12118T, ACCOUNT NO. 144-1201- 532.59-00. WHEREAS, the Texas General Land Office (GLO) has approved funding for the 18th Street Paving and Drainage Improvements Project; and, WHEREAS, the Public Works Department, Arcenueax & Gates Consulting Engineers, and the Purchasing Division have solicited bids for the project; and, WHEREAS, the bids have been evaluated by Arceneaux & Gates Consulting Engineers, and their Recommendation of Award and Bid Tabulation is attached as Exhibit"A"; and, WHEREAS, McInnis Construction, Inc., of Silsbee, Texas has submitted the lowest responsive bid in the amount of$2,781,583.85; and, WHEREAS,the contract time is 270 calendar days; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P.R.No. 18413 7/11/14 tern Page 2 of 4 THAT, the award of bid for the 18th Street Paving and Drainage Improvements Project is hereby made by the City Council to McInnis Construction, Inc., of Silsbee, Texas in the amount of$2,781,583.85 and 270 calendar days; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur, the City's standard construction contract between the City and McInnis Construction, Inc., for the 18t Street Paving and Drainage Improvements Project from Stilwell Boulevard to Fort Worth Avenue in the amount of$2,781,583.85, referenced to as Exhibit`B", a full copy of which is available for review in the City Secretary's office; and, THAT, the project will be funded by GLO Project No. 12118T, Account No. 144-1201-532.59-00, subject to a budget adjustment within the GLO Program funds, and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of 2014 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P.R.No. 18413 7/11/141em Page 3 of 4 AYES: Mayor • Councilmembers: NOES: Deloris Prince Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia e o City Secretary City Attome APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E. Shawna Tubbs, CPPO, CPPB City Manager Purchasing Manager PR. No. 18413 7/11/14 lem Page 4 of 4 . �e McD- -- .tt,P.E. Director of-Public Works A Leslie E. McMahen, P.E. Interim City Engineer APPROVED AS TO AVAILABILTIY OF FUNDS: (Subject to Project Budget Adjustment) age L1241 ' Deborah Echols Director of Finance Project No. I2118T Account No. 144-1201-532.59-00 EXHIBIT "A" P.R. No. 18413 July 11, 2014 ARCENEAUX & GATES ARCENEAUX & Consulting Engineers, Inc. GATES A Burrow Global Company Engineers • Surveyors • Planners July 7, 2014 Mr. Leslie McMahen, PE Interim City Engineer City of Port Arthur 444 Fourth Street Port Arthur, Texas 77640 RE: RECOMMENDATION OF AWARD OF CONTRACT STORM SEWER SYSTEM IMPROVEMENT ALONG 18TH STREET FROM STILL WELL BLVD, TO FT, WORTH AVE. A&G Job No CPA-750 Dear Mr. McMahen: On April 16, 2014 the City of Port Arthur received five (5) sealed bids for STORM SEWER SYSTEM IMPROVEMENT ALONG 18TH STREET FROM STILLWELL BLVD. TO FT. WORTH AVE. in Port Arthur, Texas. The bids were opened at 3:15 pm and the results read aloud in the public bid opening. The bids were checked for errors and tabulated. All Bidders acknowledged receipt of Addendum No.1, No. 2 and No. 3. All Bidders also submitted proof of Bid Surety and Statements of Bidders Qualifications with their bids as required. No substitutions were submitted. It was found that McInnis Construction, Inc. of Silsbee, Texas submitted the lowest responsive Total Amount Bid in the amount of $2,781,583.85. A copy of the certified Bid Tabulation is enclosed for your information. 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Phone: 409/724-7888 Fax: 409/724-1447 ARCENEAUX GATES CONSULTING ENGINEERS,INC. We have worked with McInnis Construction, Inc. on projects in the past and have been pleased with the quality of work performed by the contractor. Based on our past working history with the contractor we recommend that the City of Port Arthur award the contract for STORM SEWER SYSTEM IMPROVEMENT ALONG 18TH STREET FROM STILLWELL BLVD. TO FT. WORTH AVE. on the basis the lowest responsive Total Amount Bid in the amount of $2,781,583.85. Should you have any questions or require additional information, please contact our office. Very truly yours, ARCENEAUX& GATES CONSULTING ENGINEERS, INC., A BURROW GLOBAL COMPANY TEXAS REGISTERED ENGINEERING FIRM F-30 Keestan Cole,Ti Project Manager Attached: Bid Tabulation CC: John Comeux, PE-City of Port Arthur Leslie McMahen, PE-City of Port Arthur Shawna Tubbs-City of Port Arthur McInnis Construction, LLC BID TABULATION ® STORM SEWER SYSTEM IMPROVEMENT ARCENEAUX ALONG 18TH STREET FROM STILWELL BLVD.TO FT.WORTH AVE. & GATES Port To Serve � The City of P Arthur CONSULTING Job No.:CPA-750 ENGINEERS,INC. BIDS OPENED: April 16,2014 at 3:15 P.M. MCINNIS CONSTRUCTION, BD OCS NSTRUCTORS LLC EXCAVATORS& APAC-TEXAS,INC. ALLCO INC. dba MK CONSTRUCTORS CONSTRUCTORS,LTD. BEAUMONT,TX BEAUMONT,TX SILSBEE,TX VIDOR,TX PORT ARTHUR,TX Base Bid Items QTY. _ Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1. Mobilization 1 $ 66,000.00 $ 66,000.00 $ 55,000.00 $ 55,000.00 $ 222,100.00 $ 222,100.00 $ 195,000.00 $ 195,000.00 $ 89,915.51 $ 89,915.51 1. Roadway Excavation and/or Embankment 42 $ 8,800.00 $ 369,600.00 $ 4,523.81 $ 190,000.02 $ 4,877.00 $ 204,834.00 $ 5,150.00 $ 216,300.00 $ 7,449.00 $ 312,858.00 3. Traffic Control 1 $ 82,500.00 $ 82,500.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ 4,000.00 $ 4,000.00 $ 25,000.00 $ 25,000.00 1. Type"C'Stonn Manhole 17 $ 5,060.00 $ 86,020.00 $ 5,588.24 $ 95,000.08 $ 3,525.00 $ 59,925.00 $ 8,050.00 $ 136,850.00 $ 4,400.00 $ 74,800.00 3. Type"C'Curb Inlet 36 $ 5,280.00 $ 190,080.00 $ 3,888.89 $ 140,000.04 $ 3,230.00 $ 116,280.00 $ 5,450.00 $ 196,200.00 $ 3,100.00 $ 111,600.00 1. Modify Existing Inlets to Type"C"Curb Inlets 8 $ 3,300.00 $ 28,400.00 $ 1,750.00 $ 14,000.00 $ 3,327.00 $ 26,616.00 $ 1,410.00 $ 11,280.00 $ 3,720.00 $ 29,760.00 '. Drop Inlet 9 $ 3,135.00 $ 28,215.00 $ 2,444.44 $ 21,999.96 $ 2,800.00 $ 25,200.00 $ 3,320.00 $ 29,880.00 $ 3,300.00 $ 29,700.00 I. 48-Inch RCP,C-76,Class III 1,100 $ 178.00 $ 193,600.00 $ 255.45 $ 280,995.00 $ 224.30 $ 248,730.00 $ 271.00 $ 298,100.00 $ 270.00 $ 297,000.00 3. 42-Inch RCP,C-76,Class III 1,500 $ 159.50 $ 239,250.00 $ 207.33 $ 310,995.00 $ 176.00 $ 264,000.00 $ 226.00 $ 339,000.00 $ 222.00 $ 333,000.00 D. 36-Inch RCP,C-76,Class III 390 $ 137.50 $ 53,625.00 $ 186.87 $ 65,001.30 $ 134.50 $ 52,455.00 $ 189.00 $ 65,910.00 $ 190.00 $ 74,100.00 1. 30-Inch RCP,C-76,Class III 390 $ 110.00 $ 42,900.00 $ 138.48 $ 53,999.40 $ 113.20 $ 44,148.00 $ 131.00 $ 51,090.00 $ 172.00 $ 67,080.00 2. 24-Inch RCP,C-76,Class III 740 $ 88.00 $ 65,120.00 $ 93.24 $ 68,997.60 $ 81.00 $ 59,940.00 $ 78.00 $ 57,720.00 $ 156.00 $ 115,440.00 3. 18-Inch RCP,C-76,Class III 1,850 $ 80.30 $ 148,555.00 $ 76.76 $ 142,006.00 $ 78.10 $ 144,485.00 $ 70.00 $ 129,500.00 $ 68.00 $ 125,800.00 4. Seeding 3.5 $ 1,850.00 $ 5,775.00 $ 840.00 $ 2,940.00 $ 1,320.00 $ 4,620.00 $ 1,150.00 $ 4,025.00 $ 1,200.00 $ 4,200.00 5. Concrete Curb and Gutter 8,730 $ 7.15 $ 62,419.50 $ 13.29 $ 116,021.70 $ 24.40 $ 213,012.00 $ 18.50 $ 161,505.00 $ 20.00 $ 174,600.00 5. Concrete Handicap Ramp 46 $ 825.00 $ 37,950.00 $ 900.00 $ 41,400.00 $ 744.00 $ 34,224.00 $ 1,385.00 $ 63,710.00 $ 1,800.00 $ 82,800.00 7. Concrete Driveways 2,005 $ 52.80 $ 105,864.00_ $ 53.00 $ 106,265.00 $ 47.95 $ 96,139.75_$ 61.00 $ 122,305.00 $ 50.00 $ 100,250.00 3. 4-Foot Wide Concrete Sidwalks 1,090 $ 26.40 $ 28,776.00 $ 22.00. $ 23,980.00 $ 17.90 $ 19,511.00 $ 45.00 $ 49,050.00 $ 23.90 $ 26,051.00 1. 12-Inch Compacted Limestone Subgrade 17,725 $ 24.75 $ 438,693.75 $ 23.70 $ 420,082.50 $ 27.20 $ 482,120.00 $ 24.00 $ 425,400.00 $ 25.00 $ 443,125.00 J. Lime for Subgrade Stabilization 618 $ 220.00 $ 135,960.00 $ 184.00 $ 113,712.00 $ 170.00 $ 105,060.00 $ 190.00 $ 117,420.00 $ 168.00 $ 103,824.00 I. Manipulation of Lime 17,725 $ 3.96_ $ 70,191.00 $ 12.00 $ 212,700.00 $ 8.75 $ 155,093.75 $ 7.50 $ 132,937.50 $ 8.00 $ 141,800.00 ?. 1 1/2-Inch Type"D"Hot Mix Asphalt 13,725 $ 10.78 $ 147,955.50 $ 10.00 $ 137,250.00 $ 12.00 $ 164,700.00 $ 11.50 $ 157,837.50 $ 18.00 $ 247,050.00 3. Demolish and Remove Existing Asphalt 13,120 $ 6.33 $ 83,049.60 $ 7.00 $ 91,840.00 _$ 1.15 $ 15,088.00 $ 6.25 $ 82,000.00 $ 6.00 $ 78,720.00 Demolish 8 Remove Existing Driveways 8 I. Sidewalks 42 $ 1,100.00 $ 46,200.00 $ 1,500.00 $ 63,000.00 $ 723.00 $ 30,366.00 $ 500.00 $ 21,000.00 $ 2,500.00 $ 105,000.00 i. Design of Trench Safety System 1 $ 1,850.00 $ 1,650.00 $ 1,100.00 $ 1,100.00 $ 500.00 $ 500.00 $ 1,160.00 $ 1,160.00 $ 500.00 $ 500.00 I. Trench Safety System 5,970 $ 1.10 $ 6,567.00 $ 0.50 $ 2,985.00 $ 1.40 $ 8,358.00 $ 5.00 $ 29,850.00 $ 1.00 $ 5,970.00 '. Inlet Protection 1 _$ 2,750.00 $ 2,750.00 $ 1,500.00 $ 1,500.00 $ 6,455.00 $ 6,455.00 $ 5,050.00 $ 5,050.00 $ 4,680.04 $ 4,680.04 I. Remove Inlet Protection 1 $ 2,200.00 $ 2,200.00 $ 1,200.00 $ 1,200.00 $ 3,200.00 $ 3,200.00 $ 605.00 $ 605.00 $ 1,408.58 $ 1,408.58 Restore All Existing Sinage to Pre- 3. Construction Layout 1 $ 1,100.00 $ 1,100.00 $ 2,750.00_$ 2,750.00 $ 5,817.00 $ 5,817.00 $ 8,000.00 $ 8,000.00 $ 3,612.87 $ 3,612.87 Subtotal Base Bid Items $2,768,966.35 $ 2,796,720.60 $2,835,977.50 $3,112,686.00 $3,209,646.00 Supplemental Items QTY. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount I. Extra Reinforcing 500 $ 1.00 $ 500.00 $ 0.75 $ 375.00 $ 0.75 s 375.00 S 1.45 _$ 725.00 $ 1.00 $ 500.00 . Extra Class"A"Concrete 20 $ 160.00 $ 3,200.00 $ 300.00 $ 6,000.00 $ 150.00 $ 3,000.00 $ 410.00 $ 8,200.00 $ 275.00 $ 5,500.00 :. Extra-Cement Sabilized Sand 20 $ 42.00 $ 840.00 $ 55.00 $ 1,100.00 $ 30.00 $ 600.00 $ 55.00 $ 1,100.00 $ 60.00 $ 1,200.00 Extra 1 1/2-Inch Type"D"Hot Mix Asphalt _ 50 $ 35.00 $ 1,750.00 $ 35.00 $ 1,750.00 $ 35.00 $ 1,750.00 $ 35.00.. $ 1,750.00 $ 35.00 $ 1,750.00 Extra 12-inch Compacted Limeston Subgrade 60 $ 60.00_ $ 3,600.00 $ 60.00 $ 3,600.00 $ 60.00_ $ 3,600.00 $ 60.00 $ 3,600.00 $ 60.00 $ 3,600.00 . Extra Lime for Subgrade Stabilization 2 $ 220.00 $ 440.00 $ 190.00 $ 380.00 $ 160.00 $ 320.00 $ 190.00 $ 380.00 $ 180.00 $ 380.00 . Extra Manipulation of Lime 60 $ 30.00 $ 1,800.00 $ 30.00 $ 1,800.00 $ 30.00 $ 1,800.00 $ 30.00 $ 1,800.00 $ 30.00 $ 1,800.00 . Extra Concrete Curb and Gutter 75 $ 6.50 $ 487.50 $ 15.00 $ 1,125.00 $ 5.00 $ 375.00 $ 18.50 $ 1,387.50 $ 20.00 $ 1,500.00 Subtotal Supplemental Items $ 12,617.50 $ 16,130.00 $ 11,820.00 $ 18,942.50 $ 16,210.00 TOTAL AMOUNT BID $ 2,781,583.85 $ 2,812,850.60 $ 2,847,797.50 $ 3,131,627.50 $ 3,225,855.00 INDICATES MATHEMATICAL ERROR IN BID ARCENEAUX&GATES CONSULTING ENGINEERS,INC., �,Qry'h;3"bh"1.,A,A.�1 A BURROW GLOBAL COMPANY s.p y�1,t1.9 ���t�3) TEXAS REGISTERED ENGINEERING FIRM ea f7„`+"'�•t,��''7,.-.M°'�`,.d.1 le' * F-30 * '�� Y;.i\ Yt°� �� ��.... r .■�° 114225 :ce Keestan Cole,PE 4 % • '4p EXHIBIT "B" P.R. No. 18413 July 11, 2014 (A complete copy of Exhibit `B" is available for review in the City Secretary's Office) CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO. CPA-750 CONTRACT NO. 1 City of Port Arthur Jefferson, TEXAS MARCH 2014 siaAL L x r FS Tq BLISHE0 3 TEXAS A REGISTERED ENGINEERING FIRM F-30 ARCENEAUX & GATES CONSULTING ENGINEERS, INC. Engineers * Surveyors * Planners PORT ARTHUR, TEXAS A BURROW GLOBAL COMPANY CONTRACT DOCUMENTS ANI) TECHNICAL SPECIFICATIONS For STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO. CPA-750 CONTRACT NO. 1 City of Port Arthur Jefferson, TEXAS MARCH 2014 -mytttt %^"��:-•' ••,•4 KEESTAN X. COLE %' N 114225 f,,.. / llt is -•fie~ / 3/'-/V 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 STORM SEWER SYSTEM IMPROVEMENTS ALONG 18T" STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE to Serve THE CITY OF PORT ARTHUR PORT ARTHUR, TEXAS JOB NO. CPA-750 CONTRACT NO. 1 TABLE OF CONTENTS A. STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR B. ADVERTISEMENT AND INVITATION FOR BID C. INSTRUCTION TO BIDDERS FOR CONSTRUCTION D. BID E. BID BOND F. GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. MAINTENANCE BOND L. NOTICE OF AWARD M. NOTICE TO PROCEED N. INSURANCE CPA Federally Funded O. TECHNICAL SPECIFICATIONS Item No. A2001 - Clearing and Grubbing Item No. A2002 - Site Grading Item No. A2013 - Stripping and Site Grading Item No. A3004 - Seeding Item No. A3033 - Erosion Control Geotextile Item No. A3034 - Storm Water Pollution Prevention Plan Item No. B1001 - Concrete Item No. B3001 - Reinforcing Steel Item No. B3005 - Concrete Construction Item No. J2001.1 - Construction of Underground Lines Item No. J2002 - Well Point System Item No. J3001 B - Storm Sewer Manholes Item No. J3006 - Cement — Stabilized Sand Backfill Item No. J3007 - Removal and replacement of Street Base and Surface Item No. J3011 - Reinforced Concrete Pipe Item No. J3016 - Inlets Item No. J3024 - Bank Sand Backfill Item No. J3045 - Trench Excavation and Shoring Safety Plan Item No. K3003 - Lime — Stabilized Subgrade Item No. K3007 - Removal of Existing Pavement and Curbs Item No. K3015 - Flexible Base, Crushed Stone Item No. K3109 - Traffic and Zone Marking Paint Item No. K3114 - Concrete Curb and Gutter Item No. K3203 - Roadway Excavation and/or Embankment (Station Grading) Item No. K3303 - Hot — Mix Asphaltic Concrete Surfacing APPENDICES APPENDIX A — Section 3 Monthly Compliance Report APPENDIX B —Attorney's Review Certification APPENDIX C— Request for Time Extension APPENDIX D— Geotechnical Report APPENDIX E— Copeland Act Regulations APPENDIX F — Section 3 Clause APPENDIX G — Certification of Bidder Regarding Section 3 and Segregated Facilities CPA Federally Funded ARCENEAUX GATES CONSULTING ENGINEERS,INC. ADDENDUM NO. 3 APRIL 7, 2014 STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE City of Port Arthur Jefferson County, Texas Job No. CPA-750 GLO GRANT AWARD ID No. DRS210148 This document constitutes ADDENDUM NO. 3 to the STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE issued for bidding by the City of Port Arthur,Jefferson County,Texas. BIDDER MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THEIR BID FORM. CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS 1. REPLACE "SECTION D" BID with the revised "SECTION 0" BID (attached). Changes included in "SECTION D" BID are the descriptions and changes in quantities. With additional pay items for Concrete Driveways and Concrete Sidewalks in BASE BID ITEMS. NO OTHER CONDITIONS OF THE CONTRACT ARE HEREBY CHANGED [END OF ADDENDUM NO. 3] ADDENDUM NO.3,PAGE 1 OF 20 APRIL 7,2014 TYPE "B" EXPANSION JOINT © PROPERTY LINE (VARIES) SEE NOTE 2 BELOW 2.5' t - —ft_ a TARGET CURB CONCRETE a ALONG LENGTH OF RADIUS. °° ° ° FLAIR NOT TO RADIUS NOT TO a EXTEND PAST EXTEND PAST a PROPERTY LINE DROPERTY LINE. ° ° ° ° ° ° FEATHER CURB 2.5'R MIN. a a ° 4 il LIP a °a ° TYPICAL COMMERCIAL TYPICAL RESIDENTIAL NOTES: i 1. CONCRETE SHALL BE NO LESS THAN 3000 p.s.i. SIDEWALKS TO BE REMOVED AND REPOURED TO MEET 1 ELEVATION OF THE DRIVEWAY. 2. MAXIMUM DRIVEWAY WIDTHS ARE 24 FT. FOR RESIDENTIAL AND 40 FT. FOR COMMERCIAL. 5 I PACE TYPICAL DRIVEWAY DETAIL ® ARCENEAUX & GATES ARCENEAUX Consulting Engineers.eers Surveyors Planners Engineers, Inc. STORM SEWER SYSTEM IMPROVEMENTS CF l GATES 18TH STREET 1 9501 Turtle Creek Drive, Suite 102 OJI&A1rG � Port Arthur,Texas 77642 PORT ARTHUR,JEFFERSON COUNTY.TX FORT NOos.VMS (409) 724-7888 aA Burrow Glooal Company TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: APRIL 2014 SCALE: NTS DRAWN: RWH TEXAS LICENSED SURVEYING FIRM 100142-00 PROJ. No.: CPA-750 DESIGN: KXC CHECKED: KXC ADDENDUM NO.3,PAGE 21 OF 20 APRIL 7.2014 ARCENEAUX GATES CONSULTING ENGINEERS,INC. ADDENDUM NO. 2 APRIL 3, 2014 STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE City of Port Arthur Jefferson County, Texas Job No. CPA-750 GLO GRANT AWARD ID No. DRS210148 This document constitutes ADDENDUM NO. 2 to the STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE issued for bidding by the City of Port Arthur,Jefferson County,Texas. BIDDER MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THEIR BID FORM. CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS 1. REPLACE "SECTION D" BID with the revised "SECTION D" BID (attached). Changes included in "SECTION D" BID are the descriptions and changes in quantities. With additional pay items for Seeding, Excavation, Subgrade Stabilization and Manipulation of Lime in BASE BID ITEMS. Additional pay items for Extra Asphalt, Extra Limestone Base, Extra Subgrade Stabilization, Extra Curb and Gutter, and Extra Manipulation of Lime in SUPPLEMENTAL ITEMS. 2. REPLACE sheet F-2 with the revised sheet attached. Change includes the revision for a five percent (5%) Retainage. CONSTRUCTION PLANS 1. REPLACE PLAN and PROFILE SHEETS 12 through 20 with the revised PLAN and PROFILE SHEETS 12 through 20 (attached). 2. REPLACE SW3P PLAN SHEETS 29 through 33 with the revised SW3P PLAN SHEETS 29 through 33 (attached). 3. REPLACE PLAN SHEET 36 TYPICAL CROSS SECTION with the revised PLAN SHEET 36 TYPICAL CROSS SECTION (attached). ADDENDUM NO.2,PAGE 1 OF 38 APRIL 3,2014 ARCENEAUX GATES CONSULTING ENGINEERS,INC. 4. REPLACE PLAN SHEET 37 CONSTRUCTION DETAILS with the revised PLAN SHEET 37 CONSTRUCTION DETAILS (attached). CLARIFICATION 1. The contractor may close no more than one block and one intersection at a time with a minimum of 30 days notice to all residents prior the closure of their block. 2. The contractor will be restricted to a schedule of Monday to Sunday: 7:30 am to 7:00 pm. NO OTHER CONDITIONS OF THE CONTRACT ARE HEREBY CHANGED [END OF ADDENDUM NO. 2] ADDENDUM NO.2, PAGE 2 OF 38 APRIL 3,2014 6m°° r° ;x m„` `on SVX31'A1Nnoo NOS2i3dd3f'anH1NV 1NOd ?�?>,, \ ro «b. .,,.demo,,w,o,,,,,3d .-=.,----.4., a ww 00'00+4'VIS 0100'00+0'VIS 31Id0Nd'8 NV1d '”„T,,'t• a gad ;�u,o "a„rn�. x a ■ y;. Ii P ,, SalY0 29 Wink30UV a� 133N1SH181 t-;. ® q,' 21flH121V 1NOd d0 A1IO •; r:> • j 'e! 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' S1N3W3AOadWI a3M3S IN2101S * 11 c 1 rl- 8 g • a Y I- r 03 0 °R • U.. xY j- 0 LT'i Lmm_ -----� a Z I- C* ID U T41, 1 V \ wZ I t■ ,.-' :e e , 1 � H•ii- — sy U W ;! r....., 1 CC W fii irii of Z J LL I ' 1 ' [ __ ) 1 , 0 CC I LL 1 • E n a < i Snip g �E g b 1 Ig 4 ri a ' -� 0 pp� illy ,g1 1!! � g °l`: ilL syg g y GX ssi$ HO 9i� g¢ g€ 4 � g dllig 3 11 4i 2 g� g`Q rii g ° q' ssggg.0.1s 4 I gqiii i ° " ° 1 Z W m 1N 4 3 � �1 I 4 yPi, q a 9 J V 4 9 � � g gig i t WihIgii g 0 . ARCENEAUX GATES CONSULTING ENGINEERS,INC. ADDENDUM NO. 1 APRIL 2, 2014 STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE City of Port Arthur Jefferson County, Texas Job No. CPA-750 GLO GRANT AWARD ID No. DRS210148 This document constitutes ADDENDUM NO. 1 to the STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE issued for bidding by the City of Port Arthur,Jefferson County,Texas. BIDDER MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THEIR BID FORM. CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS 1. REPLACE "SECTION B" ADVERTISEMENT AND INVITATION FOR BID with the revised "SECTION B"ADVERTISEMENT AND INVITATION FOR BID (attached). Changes included in the revised "SECTION B" ADVERTISEMENT AND INVITATION FOR BID extended the Bid Opening to April 16, 2014. NO OTHER CONDITIONS OF THE CONTRACT ARE HEREBY CHANGED [END OF ADDENDUM NO. 1] ADDENDUM NO. 1,PAGE 1 OF 3 APRIL 2,2014 SECTION A STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR CITY OF PORT ARTHUR STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR PROJECTS STATE of TEXAS JEFFERSON COUNTY THIS AGREEMENT, made and entered into this 29th day of July, A.D. 2014 by and between the City of Port Arthur of the COUNTY Jefferson of in the STATE OF TEXAS, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and MCINNIS CONSTRUCTION, INC. of SILSBEE County of HARDIN in the State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER) and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follow: STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by Arceneaux & Gates Consulting Engineers, Inc., A Burrow Global Company, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to furnish all materials labor and equipment necessary for the work described under this agreement for the sum of: $2,781,518.25 and will commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and to substantially complete within 240 consecutive calendar days after issuance of the"Notice to Proceed" and to be at Final Completion within 270 consecutive calendar days after the issuance of the "Notice to Proceed", subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in this agreement and the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City of Port Arthur MCINNIS CONSTRUCTION, INC. Party of the First Part(OWNER) Party of the Second Part (CONTRACTOR) By: By: ATTEST: ATTEST: A-1 SECTION B ADVERTISEMENT AND INVITATION FOR BIDS Construction Advertisement and Invitation for Bids The CITY OF PORT ARTHUR will receive bids for STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE until 3:00 p.m. on Wednesday, April 16, 2014 at City of Port Arthur City Hall, Office of the City Secretary, 4th Floor, 444 4th Street, Port Arthur, Texas. The bids will be publicly opened and read aloud at 3:15 p.m. on Wednesday, April 16, 2014 at City of Port Arthur City Hall, 5th Floor Council Chamber, 444 4th Street, Port Arthur, Texas. Bids are invited for several items and quantities of work as follows: STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT.WORTH AVENUE Bid/Contract Documents, including Drawings and Technical Specifications are on file at the following locations: CITY OF PORT ARTHUR Public Works Department or Shawna Tubbs, CPPO, CPPB, Purchasing Manager 444 4TH Street Port Arthur, Texas 77640 ARCENEAUX&GATES CONSULTING ENGINEERS, INC. A BURROW GLOBAL COMPANY 2901 Turtle Creek Drive, Suite 320 Port Arthur, Texas 77642 .THE ASSOCIATED GENERAL CONTRACTORS 5458 Ave. A Beaumont, Texas 77705 Please contact the office of Arceneaux & Gates Consulting Engineers, Inc. for instructions on how to obtain copies of the Bid/Contract Documents at: (409) 724-7888. A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the City of Port Arthur or negotiable U.S. Government Bonds(as par value) may be submitted in lieu of the Bid Bond. Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Texas Department of Rural Affairs and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that B-1 ADDENDUM NO. 1,PAGE 2 OF 3 APRIL 2,2014 employees and applicants for employment are not discriminated against because of race, color, religion, sex age or national origin. The City of Port Arthur reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by the City of Port Arthur for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder's qualifications prior to the contract award. Per Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. City of Port Arthur Shawna Tubbs, CPPO, CPPB Purchasing Manager 3-13-14 All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project. Bidder is cautioned to read all contract documents before submitting bid, especially Item 18, Section C of the information to bidders. All bidders shall be required to attend the Mandatory Pre-Bid Conference on: Thursday, March 27, 2014 at 10:00 am at the City of Port Arthur City Hall, 444 4th Street, 5th Floor Conference Room, Port Arthur, Texas 77640. 1st Advertisement: March 16, 2014 2nd Advertisement: March 23, 2014 B-2 ADDENDUM NO. 1,PAGE 3 OF 3 APRIL 2,2014 SECTION C INSTRUCTION TO BIDDERS FOR CONSTRUCTION INSTRUCTION TO BIDDERS FOR CONSTRUCTION 1. Use of Separate Bid Forms These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use. 2. Interpretations or Addenda No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing to the Grant Recipient or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than five (5) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders. 3. Inspection of Site Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the contract. The bidder should thoroughly examine and familiarize himself with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions there existing. The city will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. 4. Alternate bid items No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications. 5. Bids a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings. b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder. c. Bid documents, including the bid, the bid bond, and the statement of bidders' qualifications shall be sealed in an envelope and clearly labeled with the words "Bid Documents", the project number, name of bidder and the date and time of bid opening. G1 d. The City of Port Arthur may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid. e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents. 6. Bid Modifications Prior to Bid Opening a. Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the City of Port Arthur prior to the closing time, and provided further, the City of Port Arthur is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the City of Port Arthur until the sealed bid is open. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. b. Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the City of Port Arthur until the sealed bid is open. 7. Bid Bond a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the City of Port Arthur or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. b. The bid bond or its comparable, will be returned to the bidder as soon as practical after the opening of the bids. 8. Statement of Bidders Qualifications Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The City of Port Arthur shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Port Arthur all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the City of Port Arthur that the bidder is qualified to carry out properly the terms of the contract. 9. Unit Price The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this C-2 requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities. 10. Corrections: Erasures or other corrections in the bid must be noted over the signature of the bidder. 11. Time for Receiving Bids Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Port Arthur that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered. 12. Opening of Bids The City of Port Arthur shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 13. Withdrawal of Bids Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating his purpose in writing to the locality. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly. 14. Award of Contract/Rejection of Bids a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The City of Port Arthur reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest. b. The City of Port Arthur reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract. 15. Execution of Agreement/Performance and Payment Bonds a. Performance and Payment Bonds, Requires all prime contractors which enter into a formal contract in excess of $5,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the contract before commencing with work and a performance bond for public works contracts in excess of$100,000. C-3 b. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Port Arthur may grant, shall constitute a default and the City of Port Arthur may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the City of Port Arthur may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the City of Port Arthur for a refund. 16. Wages and Salaries Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. 17. Equal Employment Opportunity Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, creed, sex, gender, or national origin. 18. Pre-Bid Conference A MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on Thursday, March 27, 2014 at, 10:00 am, at City of Port Arthur City Hall, 444 4th Street, 5th Floor Conference Room, Port Arthur, TX 77640. The purpose of the MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the MANDATORY PRE-BID CONFERENCE will be rejected and returned unopened to the Bidder. C-4 SECTION D BID BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR, TEXAS 77640 Proposal of MCINNIS CONSTRUCTION, INC. (hereinafter called 'BIDDER"), organized and existing under the laws of the State of Texas, doing business as *a Corporation and acting by and through RICKY MCINNIS. To the City of City of Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of: STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within 270 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of$500 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Sections 9 and 40 of the General Contract Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: # 1 received April 2, 2014 #2 received April 3,2014 # 3 received April 7, 2014 *Insert "a corporation," "a partnership," or "an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: CPA Federally Funded D-1 ADDENDUM NO.3. PAGE 2 OF 20 APRIL 7,2014 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount BID SCHEDULE NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder with Tax Exemption Certificate for materials used on this project. BASE BID ITEMS Mobilization, Bonds, Insurance, Onsite Facilities, Project Sign, Complete. 1. 1 L.S. @ SIXTY SIX THOUSAND $ 66,000.00 $ 66,000.00 Per Lump Sum Roadway Excavation and/or Embankment (Station Grading), 60 Foot Wide Right-of- way, Complete in Place. 2. 42 STA. EIGHT THOUSAND EIGHT @ $ 8,800.00 $ 369,600.00 HUNDRED Per Station Traffic Control including Signs, Channelizing Devices, Barricades, Complete. 3. 1 L.S• @ EIGHTY TWO THOUSAND $ 82,500.00 $ 82,500.00 FIVE HUNDRED Per Lump Sum Type "C" Storm Manhole, Complete in Place. 4. 17 EA. @ FIVE THOUSAND SIXTY $ 5, 060.00 $ 5,060.00 Per Each Type"C" Curb Inlet, Complete in Place. 5. 36 EA. @ FIVE THOUSAND TWO HUNDRED EIGHTY $ 5,280.00 $ 190,080.00 Per Each CPA Federally Funded D-2 ADDENDUM NO.3, PAGE 3 OF 20 APRIL 7,2014 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount. Modify Existing Inlets to Type "C" Curb Inlets. Complete in Place. 6. 8 EA. @ THREE THOUSAND THREE HUNDRED $ 3,300.00 $ 26,400.00 Per Each Drop Inlets. Complete in Place. 7. 9 EA. @ THREE THOUSAND ONE HUNDRED THIRTY FIVE $ 3,135.00 $ 28,215.00 Per Each 48-Inch Reinforced Concrete Pipe, C-76, Class III, with required Bedding and Backfill. Complete in Place. 8. 1,100 L.F. ONE HUNDRED SEVENTY @ $ 176.00 $ 193,600.00 SIX Per Linear Foot 42-Inch Reinforced Concrete Pipe, C-76, Class III, with required Bedding and Backfill. Complete in Place. 9. 1,500 L.F. @ ONE HUNDRED FIFTY NINE $ 159.50 $ 239,250.00 DOLLARS & FIFTY CENTS Per Linear Foot 36-Inch Reinforced Concrete Pipe, C-76, Class III, with required Bedding and Backfill. Complete in Place. 10. 390 L.F. @ ONE HUNDRED THIRTY $ 137.50 $ 53,625.00 SEVEN DOLLARS & FIFTY CENTS Per Linear Foot 30-Inch Reinforced Concrete Pipe, C-76, Class III, with required Bedding and Backfill. Complete in Place. 11. 390 L.F• ONE HUNDRED TEN @ $ 110.00 $ 42,900.00 Per Linear Foot CPA Federally Funded D-3 ADDENDUM NO.3, PAGE 4 OF 20 APRIL 7,2014 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 24-Inch Reinforced Concrete Pipe, C-76, Class III, with required Bedding and Backfill. Complete in Place. 12. 740 L.F• @ EIGHT EIGHT $ 88.00 $ 65,120.00 Per Linear Foot 18-Inch Reinforced Concrete Pipe, C-76, Class III, with required Bedding and Backfill. Complete in Place. 13. 1,850 L.F• EIGHTY DOLLARS & @ $ 80.30 $ 148,555.00 THIRTY CENTS Per Linear Foot Seeding, Complete in Place. 14. 3.50 AC. @ ONE THOUSAND SIX HUNDRED FIFTY $ 1650.00 $ 5,775.00 Per Acre Concrete Curb and Gutter. Complete in Place. 15. 8,730 L.F. @ SEVEN DOLLARS & FIFTEEN CENTS $ 7.15 $ 62,419.50 Per Linear Foot Concrete Handicap Ramps. Complete in Place. 16. 46 EA. @ EIGHT HUNDRED TWENTY FIVE $ 825.00 $ 37,950.00 Per Each Concrete Driveways. Complete in Place. @ FIFTY TWO DOLLARS & 17. 2,005 S.Y. EIGHTY CENTS $ 52.80 $ 105,865.00 Per Square Yard CPA Federally Funded D-4 ADDENDUM NO.3, PAGE 5 OF 20 APRIL 7,2014 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 4-Foot Wide Concrete Sidewalks. Complete in Place. 18. 1,090 L.F. @ TWENTY SIX DOLLARS & FORTY CENTS $ 26.40 $ 28,776.00 Per Linear Foot 12-Inch Compacted Limestone Subgrade, Complete in Place. 19. 17,725 S.Y. @ TWENTY FOUR DOLLARS & SEVENTY FIVE CENTS $ 24.75 $ 438,693.75 Per Square Yard Lime for Subgrade Stabilization, Complete in Place. 20. 618 TON @ TWO HUNDRED TWENTY $ 220.00 $ 135,960.00 Per Ton Manipulation of Lime, Complete in Place. @ THREE DOLLARS & 21. 17,725 S.Y. NINETY SIX CENTS $ 3.96 $ 70,191.00 Per Square Yard 1 % -Inch Type "D" Hot Mix Asphalt, PG 64 Liquid per TxDOT Specifications Item 340, RAP Allowed Complete in Place. 22. 13,725 S.Y. TEN DOLLARS & SEVENTY @ $ 10.78 $ 147,955.50 EIGHT CENTS Per Square Yard Demolish and Remove Existing Asphalt, Complete in Place. 23. 13,120 S.Y. @ SIX DOLLARS & THIRTY THREE CENTS $ 6.33 $ 83,049.60 Per Square Yard CPA Federally Funded D-5 ADDENDUM NO.3, PAGE 6 OF 20 APRIL 7,2014 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount Demolish and Remove Existing Driveways & Sidewalks, Complete in Place. 24. 42 STA. @ ONE THOUSAND ONE $ 1,100.00 $ 46,200.00 HUNDRED Per Station Design of Trench Safety System, Complete in Place. 25. 1 L.S. @ ONE THOUSAND SIX HUNDRED FIFTY $ 1,650.00 $ 1,650.00 Per Lump Sum Trench Safety System, All Depth, Complete in Place. 26. 5,970 L.F. @ ONE DOLLAR & TEN CENTS $ 1.10 $ 6,567.00 Per Linear Foot Inlet Protection, Complete in Place. 27. 1 L.S. @ TWO THOUSAND SEVEN HUNDRED FIFTY $ 2,750.00 $ 2,750.00 Per Lump Sum Remove Inlet Protection, Complete in Place. 28. 1 L.S. @ TWO THOUSAND TWO HUNDRED $ 2,200.00 $ 2,200.00 Per Lump Sum Restore All Existing Signage to Pre- Construction Layout, Complete in Place. 29. 1 L.S. @ ONE THOUSAND ONE HUNDRED $ 1,100.00 $ 1,100.00 Per Lump Sum SUB-TOTAL BASE BID ITEMS $ 2,768,966.35 CPA Federally Funded D-6 ADDENDUM NO.3,PAGE 7 OF 20 APRIL 7,2014 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount SUPPLEMENTAL ITEMS Extra Reinforcing Steel. Complete in ($0.75)* Place. 30. 500 L.B. @ ONE DOLLAR $ 1.00 $ 500.00 Per Pound Extra Class "A" Concrete, Complete in ($150.00)* Place. 31. 20 C.Y. @ ONE HUNDRED SIXTY $ 160.00 $ 3,200.00 Per Cubic Yard Extra-Cement Stabilized Sand, Complete ($30.00)* in Place. 32. 20 C.Y. @ FORTY TWO DOLLARS $ 42.00 $ 840.00 Per Cubic Yard Extral %2 -Inch Type "D" Hot Mix ($35.00)* Asphalt, PG 64 Liquid per TxDOT Specifications Item 340, RAP Allowed Complete in Place. 33. 50 S.Y. @ THIRTY FIVE DOLLARS $ 35.00 $ 1,750.00 Per Square Yard Extra 12-Inch Compacted Limestone ($60.00)* Subgrade, Complete in Place. 34. 60 S.Y. @ SIXTY DOLLARS $ 60.00 $ 3,600.00 Per Square Yard Extra Lime for Subgrade Stabilization, ($160.00)* Complete in Place. 35. 2 TON @ TWO HUNDRED TWENTY DOLLARS $ 220.00 $ 440.00 Per Ton CPA Federally Funded D-7 ADDENDUM NO.3,PAGE 8 OF 20 APRIL 7,2014 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount Extra Manipulation of Lime, Complete in ($30.00)* Place. 36. 60 S.Y @ THIRTY DOLLARS $ 30.00 $ 1,800.00 Per Square Yard Extra Concrete Curb and Gutter. ($5.00)* Complete in Place. 37. 75 L.F. @ SIX DOLLARS & FIFTY CENTS $ 6.50 $ 487.50 Per Linear Foot *Figures in parentheses represent minimum unit prices for Supplemental Items. SUB-TOTAL SUPPLEMENTAL ITEMS $ 12,617.50 SUB-TOTAL BASE BID ITEMS $ 2,768,966.35 TOTAL AMOUNT BID $ 2,781,583.85 CPA Federally Funded D-8 ADDENDUM NO.3, PAGE 9 OF 20 APRIL 7,2014 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 labor, equipment overhead, profit, insurance, etc.to cover the finished work of the several kinds called for. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID plus any Alternate(s)described above which is most advantageous to the OWNER. Respectfully submitted: 675 SOUTH 4TH STREET MCINNIS CONSTRUCTION, INC. SILSBEE, TX 77656 (NAME OF CONTRACTOR) (ADDRESS) BY: (409-385-5767 RICKY MCINNIS (TELEPHONE NUMBER) TITLE: PRESIDENT (LICENSE NUMBER IF APPLICABLE) DATE: Wednesday, April 16, 2014 (SEAL,IF BIDDER IS A CORPORATION) (ATTEST) CPA Federally Funded D-9 ADDENDUM NO. 3, PAGE 10 OF 20 APRIL 7.2014 BID OPENING DATE: Wednesday,April 16, 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: MCINNIS CONSTRUCTION, INC. ADDRESS: 675 SOUTH 4TH STREET CITY/STATE/ZIP: SILSBEE, TX 77656 SEND PURCHASE ORDER TO: COMPANY: MCINNIS CONSTRUCTION, INC. ADDRESS: 675 SOUTH 4TH STREET CITY/STATE/ZIP: SILSBEE, TX 77656 TAX IDENTIFICATION NUMBER: 76-0388579 CPA Federally Funded D-10 ADDENDUM NO. 3. PAGE 11 OF 20 APRIL 7,2014 AFFIDAVIT All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a duly authorized officer of the company,whose signature is binding on the bid proposal. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to pay said debts prior to execution of this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: RICKY MCINNIS TITLE: PRESIDENT, MCINNIS CONSTRUCTION, INC. ADDRESS: 675 SOUTH 4TH STREET CITY/STATE/ZIP: SILSBEE, TX 77656 TELEPHONE NUMBER: (409) 385-5767 SIGNATURE: SUBSCRIBED AND SWORN to before me by the above named RICKY MCINNIS on this the day of 16 , 20 14. Notary Public in and for the State of RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL CPA Federally Funded D-I l ADDENDUM NO 3 PAGE 12 OF 20 APRIL 7,2014 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: RICKY MCINNIS,PRESIDENT,MCINNIS CONSTRUCTION, INC. FOR CITY OF PORT ARTHUR USE ONLY Approved: Disapproved: Clarification: Signature City of Port Arthur Representative 2009 TxCDBG Project Implementation Manual Appendix K D-12 ADDENDUM NO.3,PAGE 13 OF 20 APRIL 7,2014 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of TEXAS County of HARDIN RICKY MCINNIS, being first duly sworn, deposes and says that: (1) He is PRESIDENT of MCINNIS CONSTRUCTION, INC., the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Port Arthur (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) PRESIDENT Title Subscribed and sworn to me this 16TH day of APRIL 2014 . By: Notary Public My commission expires 2009 TxCDBG Project Implementation Manual Appendix K D-13 ADDENDUM NO.3,PAGE 14 OF 20 APRIL 7,2014 Grantee/Subrecipient: City of Port Arthur Include this document in all applicable bid packets. �p AL �V V. Texas General Land Office , "r ' + Community Development Block Grant(CDBG) 7; Disaster Recovery Program \�'"���•^ Contractor Certification of Efforts to Fully Comply with Employment and Training Provisions of Section 3 Economic Opportunities for Low and Very Low-Income Persons THE BIDDER REPRESENTS AND CERTIFIES AS PART OF ITS BID/OFFER THAT IT: • ❑ Is a Section 3 Business Concern.A Section 3 Business Concern means a business concern: 1. That is 51%or more owned by Section 3 Resident(s);or 2. Whose permanent,full-time employees include persons,at least 30%of whom are currently Section 3 Residents,or 3. That provides evidence of a commitment to subcontract in excess of 25%of the dollar value of all subcontracts to be awarded to Section 3 Business Concerns,that meet the qualifications set forth in paragraphs 1 or 2 herein. 11 Is NOT a Section 3 Business Concern,but who has and will continue to seek compliance wrath Section 3 by certifying the following efforts to be undertaken. EFFORTS TO AWARD SUBCONTRACTOR TO SECTION 3 CONCERNS (Check ALL that apply) ❑ By contacting business assistance agencies,minority contractors associations and community organizations to inform them of the contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solcit bids for a portion of the work. ❑ By advertising contracting opportunities by posting notices,which provide general information about the work to be contracted and where to obtain additional information,In the common areas of the applicable development(s)owned and managed by the Housing Authority. ❑ By providing written notice to all known Section 3 Business Concerns of contracting opportunities.This notice should be in sufficient time to allow the Section 3 Business Concerns to respond to bid invitations ❑ By following up with Section 3 Business Concerns that have expressed interest in the contracting opportunities. ❑ By coordinating meetings at which Section 3 Business Concerns could be informed of specific elements of the work for which subcontract bids are being sought. ❑ By conducting workshops on contracting procedures and specific contracting opportunities in a timely manner so that Section 3 Business Concerns can take advantage of contracting opportunities. ❑ By advising Section Business Concerns as to where they seek assistance to overcome barriers such as Inability to obtain bonding,lines of credit,financing,or insurance and aiding Section 3 Businesses in qualifying for such bonding,financing,insurance,etc.... ❑ Where appropriate,by breaking out contract work into economically feasible units to facilitate participation by Section 3 businesses. ❑ By developing and using a list of eligible Section 3 Business Concerns. ❑ By actively supporting and undertaking joint ventures with Section 3 Businesses. EFFORTS TO PROVIDE TRAINING AND EMPLOYMENT TO SECTION 3 RESIDENTS ❑ By entering into a"first source'hiring agreements with organizations representing Section 3 Residents. ❑ By establishing training programs,which are consistent with the requirements of the Department of Labor,specifically for Section 3 Residents in the building trades. ❑ By advertising employment and training positions to dwelling units occupied by Category 1 and 2 residents. ❑ By contacting resident councils and other resident organizations in the affected housing development to request assistance in notifying residents of the training and employment positions to be filled. ❑ By arranging interviews and conducting interviews on the job site. ❑ By undertaking such continued job-training efforts as may be necessary to ensure the continued employment of Section 3 Residents previously hired for employment opportunities. • ContractorNamelBusinessName: if Innis A o truction, Inc. Signature Field , 1 f '. Date/Time Field Apri 1 16, 2 014 @ 3 : 0 0pm ADDENDUM NO.3,PAGE 15 OF 20 APRIL 7,2014 D-14 CONTRACTOR'S LOCAL OPPORTUNITY PLAN McInnis construction, Inc. egrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the (City/County) of Jefferson County A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. G. To insure that all appropriate project area business concerns are notified of pending sub- contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. As officers and representatives of McInnis Construction, Inc. , we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program a its provisions. ,�r� «G 0\A&-, ,gnatur�e President April 16, 2014 Title Date D-15 ADDENDUM NO.3,PAGE 16 OF 20 APRIL 7,2014 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Approx. Total Estimated No. to Estimated $ Contracts Dollar Amount local Business . Amount Local Business Dr/►to _ 02 bD000 ill) £or+a.ere. Fd stkit 8o Ob0 71D n?Afiwiz Q(../cacR n�- /04000 _ FBI) ASPitAci LerYwa �. I07S000 BBD ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Total Estimated No. of Positions No, of Positions No. of Positions Classifications Positions Currently Filled not Filled to fill with L/M Residents TRn. Totals D-16 ADDENDUM NO.3,PAGE 17 OF 20 APRIL 7,2014 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: McInnis Construction, Inc . , Date Organized: 1980 Address:675 South 4th Street, Silsbee, Texas 77656 Date Incorporated: 12/17/1992 Number of Years in'contracting business under present name: 22 years . CONTRACTS ON HAND: Contract Amount $ Completion Date Port Neches Fire Station $2,714,700.00 August 2014 Orange County - Water Line Extension $597,409.20 May 2014 Port of Port Arthur Repairs $555,000.00 July 2014 Type of work performed by your company: General Contractor Have you ever failed to complete any work awarded to you? No Have you ever defaulted on a contract? No List the projects most recently completed by your firm (include project of similar importance): Proiect Amount $ Mo/Yr Completed City of Silsbee - Sanitary Sewer Improvements $194,385.00 October 2013 City of Bridge City Paula Ave Water Improvements $66,075.90 July 2013 Lower Neches Valley Authority $375,315.00 May 2012 Major equipment available for this contract:skids teer, 2 Excavators, Tractor Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Please see attachment for details. Credit available: $ 1.5 Million Bank reference: community Bank of Texas The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Port Arthur in verification of the recitals comprising this Statement of Bidder's Qualifications. Executed this 1 L day of AAPri1 20 14 By:(signature) Si,(} C1 l I(�+L -�-^-- Title: President (print name) Ricky McInnis D-17 ADDENDUM NO.3,PAGE 18 OF 20 APRIL 7,2014 CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This includes practices related to race, color, gender, religion, national origin, disability, and veterans' rights. NAME AND ADDRESS OF BIDDER(include ZIP Code) CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. ❑ Yes ❑ No The undersigned hereby certifies that: ❑ The Provision of Local Training, Employment, and Business Opportunities clause(Section 3 provision)is included in the Contract. A written Section 3 plan(Local Opportunity Plan)was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$100,000). ❑ The Non Segregated Facilities clause(Section 109 provision) is included in the Contract. No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. ❑ The Equal Employment Opportunity clause is included in the Contract(if bid equals or exceeds$10,000). ❑ The Affirmative Action for Handicapped Workers clause is included in the contract. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑ Yes ❑ No NAME AND TITLE OF SIGNER(Please type) SIGNATURE DATE SECTION 504 CERTIFICATION D-18 ADDENDUM NO.3,PAGE 19 OF 20 APRIL 7,2014 POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY The does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities. (Name) (Address) • City State Zip Telephone Number ( ) — Voice ( ) - TDD has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). D-19 ADDENDUM NO.3,PAGE 20 OF 20 APRIL 7,2014 MCINNIS CONSTRUCTION, Inc. • CONSTRUCTION MANAGEMENT • COMMERCIAL GENERAL CONTRACTING 675 SOUTH 4T"STREET SILSBEE,TEXAS 77656 409-385-5767 409-385-2483 FAX A Message From RICKY MCINNIS The President Of MCINNIS CONSTRUCTION, INC. As we approach our thirty-four years in business, it is important to emphasize and restate the values,philosophies, and principles, which have guided our company's growth since 1980. It is these which have allowed us to maintain a strong and healthy existence in the commercial construction field, despite many fluctuations in the building industry. Like most contractors, McInnis Construction was started in a one room office. From the beginning, I have striven to maintain a customer first attitude, as well as a commitment to providing top quality services at competitive prices. My personal passion for hard work, and going the extra mile, is something I continue to seek in every person I select for our team-whether an employee or subcontractor. I knew in the beginning, and certainly know now,that almost any construction firm can put up walls; but, we could differentiate McInnis Construction very effectively by letting this customer-first commitment guide everything we do. To that end,we believe: Our customer's satisfaction is why we exist.Nothing should be taken for granted, and no request should be viewed as unexpected or an inconvenience for us. Our client Is entitled to receive our full, undivided attention and commitment to making the entire construction project meet and exceed the customer's expectations every step of the way. It is undoubtedly this sense of commitment and personal responsibility to our clients and their projects which allowed us to enjoy an unprecedented ration of both satisfied and repeat clients. Additionally, I am proud of every single project I have completed, from the smallest to the largest. A diverse portfolio of project types, sizes and complexity,are not the only testament to this commitment, but they provide the basis of expertise and knowledge we can provide on your project. We look forward to continuing our efforts to balance cost effective and competitive pricing,to provide the best possible general contracting and construction management services to our clients. We welcome the opportunity to provide the McInnis Construction Difference to you. As a commercial general contracting/construction management company, McInnis Construction, Inc. has diverse experience providing turn-key construction and renovation services for tenant improvements, retail spaces,restaurants and commercial office buildings. We believe that pre-planning with the entire project team is essential to identify and analyze all feasible aspects of the project before any construction begins. To assist in quantifying these objectives up front,we offer: •Detailed Budget Estimating • Site Evaluation • Master Project Scheduling • Permit Acquisition • Subcontractor Selection • Material Availability Research We are aware of the importance of Construction&Project Management and keeping the construction area safe and minimizing the impact of the project on the flow of existing business. This requires not only managing the project,but managing the conditions under which the work must be completed,including the most demanding fast-track tenant improvement projects. We utilize our experience, knowledge,and historical data to effectively schedule and execute each project. We maintain open communications with the owner and other members of the project team. This includes presentation of all associated documentation, status updates, invoicing, and reporting to assure that everyone is informed and has a clear understanding of the project. We make every effort to assure that our clients are satisfied and that the project has been completed in accordance with the drawings, specifications, and contract documents. Communication is a key component in maintaining our standards of excellence. McInnis Construction was conceived on the premise of offering top quality general contracting services at fair, competitive prices for all facets of commercial construction. The following guidelines represent the basis for which we approach every opportunity "Urgency" is the word of the day. We believe that every project and every task are undertaken with a sense of urgency. Deadlines, time lines,and milestones are the measuring sticks for our work. Therefore, every hour of every day needs to be productive,and no days must pass without some sense of progress. To do otherwise will adversely impact the success of a project. Each client's project is our"most important."Although our projects must carry a project identification number for accounting and tracking purposes, each of our projects are referenced by the project name, reminding our staff and team,that this is a client-oriented business, and we are personally attached to every aspect of the completion of these projects. Clients deserve more than"on time"and"within budget."While every client should expect delivery of the project"on time" and within budget,"we know that differentiation lies in the,quality, details,professionalism, and integrity of the contractor. An informed client is a satisfied client. Good or bad, we strive to keep our clients informed. This is the basis for building a business with integrity and establishing long-term relationships. Our managers and superintendents look for solutions not problems. A successful project means it has met and exceeded the client's expectations. The definition of a successful project is one for which the client is full of praise, and can be added to our growing list of references. Performance is the test of any business. We rely on our reputation and references from years of performance. Our financial stability and reputation with architects, subcontractors, and professionals in our field is a direct result of consistently delivering what we promise and maintaining the highest level of integrity. Manage informed subcontractors honestly. We work with subcontractors who want to work with us. We go to extremes to assure our subcontractors are qualified, competive, and complete in scope and pricing. We also assure that they share the same team mentality and philosophies we work so hard to convey. Safety is a priority. We develop and maintain safe working environments, with continual monitoring and updating of our company safety program. This program is presented and adhered to by all subcontractors on each project. Continued education for employees and managers assures that we are in compliance with all local,state and federal requirements Experienced in all facets of commercial construction, our firm has completed projects including, offices, restaurants, and exterior renovations. Unlike many who are limited in their services, our broad range of commercial construction experience offers full service general contracting for your entire project needs. This affords you the efficiency of working with one contact source that will coordinate, oversee, and implement your entire project, including exteriors, mechanical, plumbing, and electrical modifications. We pride ourselves on the diversity of our background, and our ability to provide expertise and knowledge on nearly every type of commercial project. Our firm has renovated strip centers, constructed banks, built state facilities and restaurants. In an area of commercial construction, which is both complicated and unique we offer extensive experience and expertise in restaurant construction. Our project portfolio claims a broad range of projects restaurant facilities including free standing, fast food, food courts, strip centers, casual, and full service dining facilities, banks, and post offices. Ricky McInnis has thirty years experience in construction combined with his key employees well exceeds 100 years in the construction industry. Dustin McInnis—Vice President/Project Manager Megan Hoyt—Human Resources,Account Manager Greg Lovelady-Project Manager Fred Stepp-Office Manager Kyle Kelley—Estimator/Project Manager Wilbur Clark—Superintendent r ' . meow b7=1:1111 JACitQtHG tOSS(RUC E1Cli,flit. KEY INDIVIDUALS OF MCINNIS CONSTRUCTION,INC. Vice President Dustin V. McInnis has grown up with the company. He began his twelve(12) year tenure as a field helper which has helped him reach his current stage of employment. Dusty holds the office of Vice-President, McInnis Construction, Inc. A well rounded working knowledge of the construction industry plays an important part in the successful completion his responsibility for preparing estimates from bid documents, securing the subcontract bids as well as preparing the subcontracts. Accounting Personnel Janice Feemster has been working with various levels of construction for the last thirty-five (35) years. Her experience includes,residential construction from the development of subdivision to the final phase of building either speculative or custom residences; commercial construction and remodel gaining experience from direct handling of the contracts with the owners and the subcontracts for the completion of the project. Her experience encompasses all phases of office procedure. Mrs. Feemster works closely with the President and the C.P.A. and supervises the accounting office. Fred Stepp has responsibility for the day to day operations of the accounting office,maintaining the integrity of our receivables,payroll and corresponding reports, sales tax reporting, bank statements and various other reports necessary in the construction industry. Mr. Stepp has been directly involved in some form of accounting over the last fourteen years. Kyle Kelley 5506 Fish Market Dr Silsbee,TX 77656 409-385-1327 409-782-3067 kyle@mcinnisprojects.com OBJECTIVE To acquire a position as a construction supervisor. EDUCATION Lamar Institute of Technology Associate of Applied Science in Computer Drafting Technology Date of graduation: May 2009 Overall GPA: 3.667 Major GPA: 4.0 SPECIAL SKILLS Microsoft Office Auto-Cad 2009 EMPLOYMENT June 2009—Present Supervisor McInnis Construction, INC. Silsbee, TX - Planning and scheduling contractors for commercial construction - Understand and interpret all blueprints and specification for projects January 2009—May 2009 Designer Modern E.P.C. INC. Beaumont,TX - Entry level designer in piping - Specialized in Cad programs for Fabrication May 1998—December 2008 Supervisor Bob's Landscaping& Irrigation, Inc. Silsbee, TX - Complete Design/Installation of Commercial/Residential Landscaping - Complete Design/Installation of Commercial/Residential Irrigation Systems HONORS Deans List for Academic Achievement-2007-2009 Reference available upon request GREGORY LOVELADY 1610 FM 839 N. Reklaw, TX. 75784 HM: (936) 369-4976 Objective: Position as Project Manager/Construction Superintendent over all phases of Commercial building or Heavy Industrial projects. HIGHLIGHTS OF QUALIFICATIONS • Fully qualified as Master Carpenter. • Supervise and Manage the construction of Industrial and Commercial building. • Administrative Analysis /Communications. EDUCATION LAMAR UNIVERSITY, BEAUMONT, TX. *Completed courses in Blueprint Reading and Related Math. INTERNATIONAL BROTHERHOOD of CARPENTERS LOCAL 753 *Completed 4 year Carpenter's Apprentice Program. Consisting of classroom and onsite training. CAREER LINE TECHNOLOGY CENTER, HOLLAND, MI. *Intermediate Computer classes, including Data Entry and Excel programs. CONSTRUCTION SUPERINTENDENT EXPERIENCE Commercial Project Phases • Coordinate/ Supervise and Manage Construction through completion... Scheduling... Planning... Development and Implementation of safety procedures... Project logistics. • Update and maintain records pertaining to construction projects. • Organize /Supervise project progress meetings. • Knowledge of HAVC... Masonry... Plumbing... Electrical... Steel... Concrete systems. • Experience with a large variety of tools/equipment. Commercial/Industrial Building • Supervision and Management of subcontractors for the following projects... Heavy Industrial Projects... Churches... Hospitals... Retail Outlets... Lending institutions... Educational Facilities... Auto Dealerships... Single/ Multi story complexes. • Working closely with Architectural Firms for economical solutions concerning blueprint revisions. • Oversee quality and performance of subcontractors. EMPLOYMENT HISTORY 2008-Present Project Manager/Commercial McInnis Construction South East Texas 2001-Present Company Owner/Contractor Hillside Builders East Texas 2003-2007 Project Manager/Superintendent Pace Construction Troup, Texas 1998-2001 Project Manager/Superintendent Mike Villar Properties Michigan 1992-1998 Construction Superintendent Longhorn Construction Michigan Heavy Industrial 1982-1992 Forman/Master Carpenter Folour Constriction, S.E. Texas Forman/Master Carpenter Brown & Root, S.E. Texas Master Carpenter Austin Industries, S.E. Texas Master Carpenter Sabine Scaffold. S.E. Texas 1981-1991 Master Carpenter I.B.C. Local 753 S.E. Texas Wilbur W. Clark, Jr. 7369 FM418 Silsbee,Texas 77656 Home Phone 409-385-7558 Cell 409.673-3935 Email- Midnitryde©aol.com OBJECTIVE Seeking a job opportunity with a company where I can utilize my abilities and knowledge to serve that company. QUALIFICATIONS I have strong decision making/trouble shooting abilities and good communication skills. Responsible for commercial building projects from start to finish,including employee as well as subcontractor supervision and problem resolution. I am flexible and able to manage several different projects and responsibilities at one time. Have worked flexible hours and locations,and managing multiple crafts at one time.I am quick to learn and adapt well to changing work environments. WORK HISTORY 6/99-9/30/2011 Superintendent—Daniels Building&Construction,Inc. Beaumont, TX. I was a Superintendent on commercial work for Daniels for 12 years.Some of the projects that I supervised are as follows: Project Architect DuPont-VFD bldg. DuPont/owner Universal Forest Products Storage owner Wooten Hotel-Abilene,TX. White Rock Studios Universal Forest Products-Silsbee owner Universal Forest Prod.-New Waverly owner Starcrest Apartments-Bmt. White Rock Studios Universal Forest Prod.-New Waverly owner Shire Apartments—Pt.Arthur White Rock Studios Market Basket—Pt.Neches Long Architects Market Basket Drive thru-Pt.Neches Long Architects Gulf credit Union—Groves Lutcher Theater-Orange Architectural Alliance Wilson Warehouse-Orange owner Hotel Beaumont Remodel Lutcher-Stark Foundation Office Architectural Alliance All Saints School-Bmt Merriman Holt Architects Stark Museum of Art Architectural Alliance 1/13/99-6/99 Carpentry/Cement Finisher/Millwright Foreman, Triple"S"hrdustries,Inc. Lumberton, Texas Duties include general cement and grout supervision,general carpentry with various types of form setting,with setting of grout forms for epoxy grouting of pump bases,and help and overseeing millwrights,setting and alignment of various sizes of pumps at local refineries in the area,currently at the Goodyear refinery,Beaumont,Tx. 1993-1998 Supervisor/Estimator,McInnis Construction,Inc.,Silsbee, Texas My duties entailed,but not limited to,supervising and doing civil site work,building construction,coordinating the many different crafts involved,scheduling,and purchasing, while also bidding a wide variety of commercial projects. During the past five years I have traveled across the state supervising the construction of numerous commercial projects,again coordinating the many different crafts involved,scheduling stages of construction,and purchasing all materials needed to complete the project,to the satisfaction of the building owners. I have maintained a very positive attitude with those customers and have generated considerable repeat business. 1991-1993 MRI Technician,Outpatient Diagnostic Center,Beaumont, Texas Magnetic Resonance Imaging Technician responsible for the safety and well-being of patients while performing imaging scan on patients as prescribed by their physician, in a quality manner acceptable to the radiologists on staff. 1990-1991 MRI Technician,Maxim Healthcare,Inc,Dallas, Texas Magnetic Resonance Imaging Technician responsible for the safety and well-being of patient while performing imaging scans on patients as prescribed by their physician, in a quality manner acceptable to the radiologists on staff in a mobile setting. 1988-1990 Baptist Hospital School of Radiology I enrolled in the Baptist Hospital School of Radiology,a two year, full time school and received a degree in Radiology Technology. 1983-1988 Construction Foreman,McInnis Construction Inc.,Silsbee, Texas Supervision of others as well as working myself while constructing a wide variety of structures.Working closely with others as well as keeping a good open relationship with the owners. 1979-1983 Temple Associates Inc.,Diball, Texas Construction Carpenter for Temple Associates Inc.at Temple-Eastex in Evadale,Texas. Job consisted of reading blueprints,building forms,maintaining a safe work environment in an industrial work area,and following the leadership of others 1976-1979 Carpenters Local Union, Orange, Texas Employed,as a journeyman carpenter,by various companies at several of the different petro- chemical locations that the Carpenters Local of Orange,Texas had jurisdiction over. 1974-1976 Bethlehem Shipyard,Beaumont, Texas Employed as a journeyman carpenter in the construction of offshore drilling rigs and drill platforms. Duties included construction of living quarters and other general carpentry. EDUCATION 1970-1974 High School Diploma,Buna High School,Buna,Texas 1988-1990 Technical Arts Degree,Baptist Hospital School of Radiology,Beaumont,Texas SECTION E BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, McInnis Construction,Inc. as PRINCIPAL, and North American Specialty Insurance Company , as SURETY are held and firmly bound unto City of Port Arthur hereinafter called the "Owner", in the penal sum of Five Percent of Amount Bid Dollars, ($ --5%-- ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated April 16, 2014 for Storm Sewer System Improvements along 18th St. from Stilwell Blvd. to Ft. Worth Avenue NOW, THEREFOR, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this 16th day of April,2014 , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) n r. Construction Inc.a (SEAL) 'AL A Attest: wit By: C pp Affix North •meri an Sp- •ialty Insurance CompaI yreal Seal Att-st:, / `C- ""��� By: 4/1 Do.Q •. cElveen, Attorney-in-Fact Affix Corporate Seal Attest: By: Countersigned By -U�l *Attorney-in-Fact, State of 1.A E1 CERTIFICATE AS TO ORPORATE PRINCIPAL I, , , I, certify that I am the _ /"{ , Secretary of the Corporation named as Principal in the within bond; that gib A . • s, who signed the said bond on behalf of the Principal was then •t o aid corporation; that I know his signature, and his signature thereto is ge uine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body. Corporate Seal Title: /P/�(). CAS * Power-of-attorney for person signing for surety company must be attached to bond. E-2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DOUGLAS N.McELVEEN,AMANDA B.McELVEEN,AND CHRISTINE BAKER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." G\AUItYy e,��� ,ji a ua wwia yQGOpP01i;iT�,G: f4/ � �:Ld'W SEAL "ot Steven P.Anderson,Senior Vice President of Washington International Insurance Company ?' SEAL''' By c 1973 \_iuio &Senior Vice President of North American Specialty Insurance Company y O: �m g 1 iyHAM45�';:a���� %II MP Byx��.. David M.Layman,Vice President of Washington International Insurance Company d+onranaat+n &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 6th day of August 2013 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 6th day of August 2013 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. s°O;FFiCIAL SEAL"�� t DONNA D.SKLENS t Notary Public.State of Illinois t Donna D.Sklens,Notary Public My Commission Expires 10/06/2015 I I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 16th day of April 20 14 . "A": -ee'' :-- -- 3effrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company SECTION F GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION 1. Contract and Contract Documents (a) The project to be constructed pursuant to this contract will be financed with assistance from the CDBG and is subject to all applicable Federal and State laws and regulations. (b) The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. 2. Definitions Whenever used in any of the contract Documents, the following meanings shall be given to the terms here in defined: (a) The term "Contract" means the Contract executed between the City of Port Arthur, hereinafter called the Owner andMCINNIS CONSTRUCTION, INC..hereinafter called Contractor, of which these GENERAL CONDITIONS, form a part. (b) The term "Project Area" means the area within which are the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. (c) The term "Engineer" means Arceneaux & Gates Consulting Engineers, Inc., A Burrow Global Company Engineer in charge, serving the Owner with architectural or engineering services, his successor, or any other person or persons, employed by the Owner for the purpose of directing or having in charge the work embraced in this Contract. (d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings). 3. Supervision By Contractor (a) Except where the Contractor is an individual and gives his personal supervision to the work, the Contractor shall provide a competent superintendent, satisfactory to the Local Public Agency and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. (b) The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. 2009 TxCDBG Project Implementation Manual Appendix K F-1 4. Subcontracts (a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he has verified the subcontractor as eligible to participate in federally funded contracts. (b) No proposed subcontractor shall be disapproved by the city/county except for cause. (c) The Contractor shall be as fully responsible to the city for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract. (e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Owner. 5. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. 6. Payments to Contractor (a) Partial Payments 1) The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) five percent (5%) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. 2) Monthly or partial payments made by the Owner to the Contractor are moneys advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details. (b) Final Payment 1) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the 2009 TxCDBG Project Implementation Manual Appendix K F-2 ADDENDUM NO.2,PAGE 22 OF 38 APRIL 3,2014 Agreement. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. 2) The Owner before paying the final estimate, shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Owner deems it necessary in order to protect its interest. The Owner may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract. 3) Any amount due the Owner under Liquidated Damages, shall be deducted from the final payment due the contractor. (c) Payments Subject to Submission of Certificates Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors. (d) Withholding Payments The Owner may withhold from any payment due the Contractor whatever is deemed necessary to protect the Owner, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 7. Changes in the Work (a) The Owner may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by the CDBG staff prior to execution of same. (b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Owner authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. 2009 TxCDBG Project Implementation Manual Appendix K F-3 (c) If applicable unit prices are contained in the Agreement, the Owner may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent(18%). (d) Each change order shall include in its final form: 1) A detailed description of the change in the work. 2) The Contractor's proposal (if any) or a confirmed copy thereof. 3) A definite statement as to the resulting change in the contract price and/or time. 4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. 5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. 8. Claims for Extra Cost (a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Owner, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. (b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued. (c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the Owner and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Owner. (d) If, on the basis of the available evidence, the Owner determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. 9. Termination, Delays, and Liquidated Damages (a) Right of the Owner to Terminate Contract. (b) In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for 2009 TxCDBG Project Implementation Manual Appendix K F-4 such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the Owner for any excess cost incurred. In such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. (c) Liquidated Damages for Delays. (d) If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the Owner as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of$ 500.00 for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Owner for the amount thereof. (e) Excusable Delays. 1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: 2) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; 3) Any acts of the Owner; 4) Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. 5) Provided, however, that the Contractor promptly notifies the Owner within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Owner shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Owner shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 2009 TxCDBG Project Implementation Manual Appendix K F-5 10. Assignment or Novation The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Owner; provided, however, that assignments to banks or other financial institutions may be made without the consent of the Owner. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 11. Disputes (a) All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Owner for decision. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Owner. (b) The Contractor shall submit in detail his claim and his proof thereof. (c) If the Contractor does not agree with any decision of the Owner, he shall in no case allow the dispute to delay the work but shall notify the Owner promptly that he is proceeding with the work under protest. 12. Technical Specifications and Drawings Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the Owner, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 13. Shop Drawings (a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in 6 copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. (b) Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the 2009 TxCDBG Project Implementation Manual Appendix K F-6 Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. (c) If a shop drawing is in accordance with the contract or involves only a minor adjustment in the interest of the Owner not involving a change in contract price or time; the engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the contract or for any error in the drawing. 14. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the Owner for any additional information not already in his possession which should be furnished by the Owner under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section. 15. Materials and Workmanship (a) Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. (b) The Contractor shall furnish to the Owner for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes to incorporate. (c) Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. (d) Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. (e) The Owner may require the Contractor to dismiss from the work such employee or employees as the Owner or the Engineer may deem incompetent, or careless, or insubordinate. 2009 TxCDBG Project Implementation Manual Appendix K F-7 16. Samples, Certificates and Tests (a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the contract time. (b) Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. (c) Approval of any materials shall be general only and shall not constitute a waiver of the Owner's right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. (d) Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows: 1) The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer; 2) The Contractor shall assume all costs of re-testing materials which fail to meet contract requirements; 3) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient; 4) The Owner will pay all other expenses. 17. Permits and Codes (a) The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall 2009 TxCDBG Project Implementation Manual Appendix K F-8 immediately report any discrepancy to the Owner. Where the requirements of the drawings and technical specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. (b) Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the drawings and technical specifications), the Contractor shall remove such work without cost to the Owner. (c) The Contractor shall at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. (d) The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the Improvements contained in this Contract. (e) The Contractor will be required to make arrangements for and pay the water, electrical power, or any other utilities required during construction. (f) During construction of this project, the Contractor shall use every means possible to control the amount of dust created by construction. Prior to the close of a day's work, the Contractor, if directed by the Owner, shall moisten the bank and surrounding area to prevent a dusty condition. 18. Care of Work (a) The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. (b) The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. (c) In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Owner is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Owner. (d) The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. 2009 TxCDBG Project Implementation Manual Appendix K F-9 (e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Owner from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Owner may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 19. Accident Prevention (a) No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. (b) The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. (c) The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Owner with reports concerning these matters. (d) The Contractor shall indemnify and save harmless the Owner from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. (e) The Contractor shall provide trench safety for all excavations more than five feet deep prior to excavation. All OSHA Standards for trench safety must be adhered to by the Contractor. (f) The contractor shall at all times conduct his work in such a manner as to insure the least possible inconvenience to vehicular and pedestrian traffic. At the close of the work each day, all streets where possible in the opinion of the Owner, shall be opened to the public in order that persons living in the area may have access to their homes or businesses by the use of the streets. Barricades, warning signs, and necessary lighting shall be provided to the satisfaction of the Owner at the expense of the Contractor. 20. Sanitary Facilities The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 2009 TxCDBG Project Implementation Manual Appendix K F-10 21. Use of Premises (a) The Contractor shall confine his equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the Owner, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. (b) The Contractor shall comply with all reasonable instructions of the Owner and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. 22. Removal of Debris, Cleaning, Etc. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. 23. Inspection (a) All materials and workmanship shall be subject to inspection, examination, or test by the Owner and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Owner shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Owner may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Owner. (b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Owner will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the technical specifications. (c) The Contractor shall notify the Owner sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Owner, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Owner. (d) Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the 2009 TxCDBG Project Implementation Manual Appendix K F-11 Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. (e) Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. (f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Owner or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 24. Review by Owner The Owner and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through its authorized representatives or agents. 25. Final Inspection When the Improvements included in this Contract are substantially completed, the Contractor shall notify the Owner in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Owner will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. 26. Deduction for Uncorrected Work If the Owner deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Owner and subject to settlement, in case of dispute, as herein provided. 27. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Worker's Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the employees to be engaged in such 2009 TxCDBG Project Implementation Manual Appendix K F-12 work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance. (1) Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, Arceneaux & Gates Consulting Engineering, Inc., A Burrow Global Company, its officers, agents & employees). (City and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the following amounts: (1) Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur, Arceneaux & Gates Consulting Engineering, Inc., A Burrow Global Company, its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. (2) Comprehensive Automobile Liability (Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 2009 TxCDBG Project Implementation Manual Appendix K F-13 (3) Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; (4) All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). (c) Proof of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner." 28. Warranty of Title No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed by him to the Owner free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor in the hands of the Owner. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 29. Warranty of Workmanship and Materials Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the Owner or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of 12 months from the date of final acceptance of the work. 30. Compliance with Air and Water Acts (a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: 1) Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2009 TxCDBG Project Implementation Manual Appendix K F-14 2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended. 3) Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. (b) If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 31. Equal Employment Opportunity (a) The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, gender, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, gender, or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the owner. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (d) The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. (e) Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. (f) The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. (g) The Contractor shall not use the affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (h) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts. 2009 TxCDBG Project Implementation Manual Appendix K F-15 (i) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. 32. Affirmative Action for Workers with Disabilities The Contractor will not discriminate against any employee or applicant for employment because of disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 33. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 34. The Provision of Local Training, Employment, and Business Opportunities (a) To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The Contractor will include this clause in every subcontract for work in connection with the project. 35. Non Segregated Facilities The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 36. Job Offices (a) The Contractor and his subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The Owner shall be consulted with regard to locations. 2009 TxCDBG Project Implementation Manual Appendix K F-16 (b) Upon completion of the improvements, or as directed by the Owner, the Contractors shall remove all such temporary structures and facilities from the site, and leave the site of the work in the condition required by the Contract. 37. Partial Use of Site Improvements The Owner may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: (a) The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. (b) The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. (c) The period of guarantee stipulated in the Section 29 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 38. Contract Documents and Drawings The Local Public Agency will furnish the Contractor without charge 6 copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. 39. Contract Period The work to be performed under this contract shall commence within the time stipulated by the Owner in the Notice to Proceed, and shall be fully completed within 270 calendar days thereafter. 40. Liquidated Damages Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the Owner the sum of Five Hundred Dollars (500) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. 2009 TxCDBG Project Implementation Manual Appendix K F-17 Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs,which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a)Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when the following criteria have been met. (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known),or their representatives, and HUD or its designee agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative,will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee,to the Administrator for determination. The Administrator,or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d)The wage rate(including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of an laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided,that the Secretary of Labor has found, upon the written 2009 TxCDBG Project Implementation Manual Appendix K F-18 request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i)Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be,for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2)That each laborer or mechanic (including each helper, apprentice, and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (c)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph A.3.(ii)(b)of this section. 2009 TxCDBG Project Implementation Manual Appendix K F-19 (d)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may,after written notice to the contractor, sponsor, applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4)Apprentices and Trainees. (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training,or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, and 29 CFR Part 30. 5.Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 2009 TxCDBG Project Implementation Manual Appendix K F-20 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (10)and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7.Contract termination;debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the David-Bacon and Related Acts contained in 29 CFR Parts 1, 3,and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and HUD or its designee,the U.S. Department of Labor, or the employees or their representatives. 10. (i)Certification of Eligibility. By entering into this contract,the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010,Title 18, U.S.C.,"Federal Housing Administration transactions", provides in part"Whoever,for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings,or Testimony by Employees. No laborer or mechanic to whom the wage, salary,or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms"laborers"and "mechanics"include watchmen and guards. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1)of this paragraph,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1)of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1)of this paragraph. (3)Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2)of this paragraph. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any 2009 TxCDBG Project Implementation Manual Appendix K F-21 subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1)through (4)of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous,or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat.96). (3)The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor.The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 2009 TxCDBG Project Implementation Manual Appendix K F-22 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 CON TRACTOR 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: TX140078 01/03/2014 TX78 Superseded General Decision Number: TX20130078 State: Texas Construction Type: Heavy Counties: Jefferson and Orange Counties in Texas. FLOOD CONTROL, including: Breakwaters, Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood Control Projects, Irrigation Projects, Jetties, Land Drainage (not incidental to other construction) , Land Leveling (not incidental to other construction) , Land Reclamation, Levees, Pipelines, Ponds Pumping Stations (prefabricated drop-in not building ) , Revetments. Modification Number Publication Date 0 01/03/2014 * SUTX1990-035 01/31/1990 Rates Fringes CARPENTER $ 10.965 .90 Heavy Equipment Operator Heavy duty mechanic, blade grader (self-propelled) , bull clam, backfiller, derrick (power operated, all types) ; dragline, push cat operator; bulldozer & all types of cat tractors; cable-way; backhoe, shovel, crane (power operated, all types) , elevating grader (self- propelled) , hoist (motor driven 2 drums or more) , mix mobile, winch truck, locomotive crane, mixer (14 cubic feet or more) , paving mixer (all sizes) , scraper (heavy type over 3 CY) , trench machine (all sizes) , gradeall, high lift, foundation boring machine, gasoline or diesel driven welding machines (7 to 12 machines pumperete machines & drill operator, water well, tournapulls, DW-10 euclid, asphalt plants, crushing G-2 machines & batchplants, scoopmobiles, fingerlifts, open construction $ 7.25 LABORER $ 7.25 Light Equipment Operator Air compressor, blade grader (towed) , flexplane, form grader, mixer (less than 14 cu. ft. ) , pumps pulsometer, truck crane driver, gasoline or diesel driven welding machines (3 to 6 machines) , hoist (single drum) , scrapers (3 cu. yds. or less) $ 7.25 Oiler $ 7 .25 Piledriver $ 7.25 PILEDRIVERMAN $ 11.26 .85 TRUCK DRIVER $ 7.25 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 G-3 four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the 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 G-4 process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION G-5 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO(appropriate recipient) DATE The City of Port Arthur PROJECT NUMBER(if any) C/O PROJECT NAME STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT.WORTH AVENUE 1. The undersigned,having executed a contract with for the construction of the above-identified project,acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract, (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his subcontractors and any lower tier subcontractors,is his responsibility. 2. He certifies that: (a) Neither he nor any firm,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5(29 CFR,Part 5)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors,a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION(Describe) (C) The name,title and address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS G-6 (d) The names and addresses of all other persons having a substantial interest in the undersigned,and the nature of the interest are: NAME ADDRESS NATURE OF INTEREST (e) The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: NAME ADDRESS TRADE CLASSIFICATION • (Contractor) Date By G-7 SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled: STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE, Job No. CPA-750, Contract No.1. B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of a STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE. 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 Project Layout& Dimensional Control 4-8 Demolition Plans 9-10 Drainage Layout 11 Drainage Calculations 12-20 Plan and Profile 21-27 Cross Sections 28 Traffic Control 29-33 SW3P (Storm Water Pollution Prevention Plan) 34 SW3P Index 35 SW3P Details 36 Typical Cross Section 37 Construction Details 38-41 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. H-1A F. SEQUENCE OF WORK. City of Port Arthur reserves the right to schedule sequence of construction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental Items shown in SECTION D - BID. The Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall apply. These items are included to facilitate payment for charges and alterations that may be required to complete work. The actual work as provided by the GENERAL and SPECIAL CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on PLANS is described in BID items other than Supplemental Pay Items. When work covered by Supplemental Items is requested by the Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and Unit Prices bid in BID. I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red pencil to show as-built dimensions and location of all work constructed. J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in restaking. K. PROJECT SIGN. The contractor shall have a temporary sign erected in a prominent location at the construction project site or along a major thoroughfare within the community as directed by the Owner. The formatting of such signage shall be legible from at least three (3) feet distance and have the following wording: "This project is funded by the Texas Department of Rural Affairs of the State of Texas,to provide for disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program." H-2A GLO PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a project sign according to the specifications set forth below: GLO SITE SIGN SPECIFICATIONS Size: 18 inch vertical by 24 inch horizontal Materials: Heavy duty aluminum sign, 80 mil Erection: Single leg Square Steel Tube skid sign support. (see attached) Paint: 3M Screen Printing or 3M outdoor digital inking Colors: Logos shall be shown as approved by the Texas Department of Rural Affairs and the U.S. Department of Housing and Urban Development. All other lettering in jet black. (see Attached) Lettering: Lettering and positioning will be as shown on the attached illustration Project signs will not be erected on public highway rights-of-way. The location of the sign will be coordinated with the City of Port Arthur Public Works Department and any other agency responsible fore highway or street safety in the area of the project to prevent obstruction of vechicular lines of sight for adjoining traffic. No additional lettering or logos are permitted on the sign. H-3A MI to 0 0 X 0 I.li . .. cd O bA0) b y cn 'C .-, r-, 3 Q. O 0 0 � - 0 0'' O•4. V 3 t A on O'- _ al o 1.........„..„.......„,:,..... 75 3 e. 0 �000000 ° °°.�.. 0 N O P. ° ° 0 V l0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 ° o y °°, o z 3 o rte^ 0 ct V1 O v N > K 71" tO v' v, 0 M cr 4.. .c) i i Nbc) W .0 F{ N M �' , d0 O � 0 X0,0 c .°° - . ' . � Z a cl o c M N Q —4 — " ; ,r ig# 1 :hi �.F � ilk g pH ill ' t _ :ail $ass �/A ;a„ < M H-4A a--i V c � EFE L O to (u 0) 0) U1 (c = .L no; a: 2 J to a--.) D _c 7316 S) _C -6-' 6) L - c E2 c 4� 0 0 N 73 o _o O OL � � a) m C V >• �" cIn D c N V Q _4 w -0 X o u >` L o 12, m Lt.- (i) a D > t c...) -- -o u) 4-'03 oc9 a V • U >- v) �, oE c _ E H o L U u o U of F I cF p�c \NG 1/v�� tr'ec Ntert" :: a t.,..._.:..- ...ow_ %900 44% 0 Q �% ► " U) W \ G i■ /, A lipPt.w 1 cc, 7" bX 3 .1- 'o s.n MAC) SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein, or both, including all labor, materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters'Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) H-1B 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND CRADES. From benchmarks and horizontal control references for correctness of installation as to location and grade. Engineer will establish - - - - - - - - --- - -- - - - - - - - - I i. • • - /1. Wotorainoc. Reference hubs at turns in line, valves, and fire hydrants, and � .� 5. Pavements and-Dits#es. 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. claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged «k th e - after written notification to Engineer by Contractor on stake out request forma begins-werk. D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. H-2B E. MATERIALS TESTING. Owner provides first tests of materials unless otherwise specified. Subsequent tests at Contractor's expense. Notify Engineer prior to manufacture or fabrication of items so that observation may be accomplished and furnish field samples of materials of Engineer for testing. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Prestressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. H-3B Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. 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 for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. H-5B Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner. R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department at 409-983- 8600. 4. Do not block ditches, inlets, fire hydrants, etc.. and, where necessary, provide temporary drainage. U. "OR EQUAL" CLAUSE. Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. H-6B SECTION I PAYMENT BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of$ Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB-CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 2009 TxCDBG Project Implementation Manual Appendix K I-1 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counter-parts, each on of (Number) which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2009 TxCDBG Project Implementation Manual Appendix K 1-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a hereinafter called Principal, and (Name of Surety Company (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of$ Dollars ($ in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK 2009 TxCDBG Project Implementation Manual Appendix K J-1 to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2009 TxCDBG Project Implementation Manual Appendix K J-2 SECTION K MAINTENANCE BOND MAINTENANCE BOND STATE OF TEXAS COUNTY OF KNOW BY ALL MEN BY THESE PRESENTS: That of the City of , County of State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto ,a municipal corporation(owner) in the penal sum of Dollars($ )for the payment whereof the said principal and surety bind themselves and their heirs, administrators, executors,successors and assigns,jointly and severally, by these presents; Whereas,the principal has entered into a certain written contract with , dated the _ day of , 20 ,to .Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and keep in good repair the work herein contracted to be done for a period of one(1)year from the date of written acceptance of said work and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction of any part thereof, or any of the accessories thereof constructed by the Contractor; be it understood that the purpose of this section is to cover all defective conditions arising by reason of defective material or workmanship and charge the same against that said contractor and surety on this obligation, and the said contractor and surety shall be subject to the liquidation damages mentioned in said contract for each day's failure on it's part to comply with the terms of said provisions of said contract; NOW,THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain said work and keep the same in repair for the said maintenance period of one(1)year, as provided,then these presents shall be null and void and have no further effect. If default K-1 shall be made by the said contractor in the performance of it's contract to so maintain and repair said work, then these presents shall have full force and effect and said Owner shall have and recover damages from the said contract and it's principal and surety. It is further agreed that this obligation shall be continuing one against the principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. It is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period and the same shall not be changed, diminished or in any manner affected from any cause during said time. PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond. IT WITNESS WHEREOF,the said principal and surety have signed and sealed this instrument this day of ,20 Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Maintenance Bond must not be prior to date of contract. K-2 SECTION L NOTICE OF AWARD NOTICE OF AWARD DATED: TO: MCINNIS CONSTRUCTION,INC.. ADDRESS: 675 SOUTH 4TH STREET, SILSBEE,TX 77656 PROJECT OWNER: CITY OF PORT ARTHUR, TX OWNER'S CONTRACT NO.: CPA-750, CONTRACT NO. 1 CONTRACT FOR CONSTRUCTION OF: STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE ******************************************************************************* You are notified that your Bid dated Wednesday, April 16, 2014 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for the STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE. The Contract Price of your contract is TWO MILLION SEVEN HUNDRED EIGHTY ONE THOUSAND FIVE HUNDRED EIGHTY THREE DOLLARS AND 85/100 CENTS($2.781,583.85). 6 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 6 sets of Working Documents (Contract Documents, Technical Specifications and Drawings) will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award,that is by ,or by the first working day thereafter. 1. You must deliver to the ENGINEER 6 fully executed counterparts of the Agreement including all the Contract Documents and Certifications included with the Contract Documents. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Advertisement for Bids, General Conditions and Supplemental Conditions. 3. You must deliver to the ENGINEER 2 original Certificates of Insurance, naming the Owner (City of Port Arthur) and and Engineer (Arceneaux & Gates Consulting Engineers, Inc.) and their respective agents and employees, to be expressly named as additional insureds, in accordance with the General Conditions. 1/2 NOTICE OF AWARD MCINNIS CONSTRUCTION,INC. Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with the above conditions, OWNER will return to you two(2)fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: City of Port Arthur, TEXAS BY: Keestan Cole, PE TITLE: Engineer for the Owner ACCEPTANCE OF AWARD. CONTRACTOR: MCINNIS CONSTRUCTION, INC. BY: RICKY MCINNIS TITLE: PRESIDENT DATE: -) ) SECTION M NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: MCINNIS CONSTRUCTION, INC. ADDRESS: 675 SOUTH 4TH STREET, SILSBEE, TX 77656 PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO. CPA-750, Contract No. 1 CONTRACT FOR STORM SEWER SYSTEM IMPROVEMENTS ALONG 18TH STREET FROM STILWELL BOULEVARD TO FT. WORTH AVENUE **************************************************************************************************** You are notified that the Contract Times under the above contract will commence to run on_ . By that date, you are to start performing your obligations under the Contract Documents. The date of Substantial Completion will be The date of Final Completion will be . Before you may start any Work at the site, Section C, Paragraph 5 of the Contract Documents provides that you must deliver to the OWNER Certificates of Insurance which you are required to purchase and maintain in accordance with the Contract Documents. City of Port Arthur/Arceneaux & Gates Consulting Engineers, Inc., A Burrow Global Company (OwnerlEngineer) BY: Keestan Cole, PE (Authorized Signature) Project Manager (Title) ACCEPTANCE OF NOTICE TO PROCEED: MCINNIS CONSTRUCTION, INC. (Contractor) BY: Ricky McInnis PRESIDENT (Title) (Date) SECTION N INSURANCE (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "INSURANCE" HERE SECTION 0 TECHNICAL SPECIFICATIONS 10/13/2005 ITEM NO. A2001 —CLEARING AND GRUBBING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Remove and dispose of trees, stumps, brush, roots, logs, vegetation, rubbish, and other objectionable matter from project area. Project area is defined as all easements and that portion of street rights-of-way necessary to allow construction of the facilities proposed in this Contract, including those areas needed for disposal of excess excavated material. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 - PRODUCTS Not required for this Item. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS A. Clear and grub trees, stumps, brush, roots, logs, vegetation, and rubbish within project area except trees, shrubs, and other landscape features designated to remain, and protect same against damage and trim when necessary. Clear stump holes of refuse and loose earth; backfill and compact to density of surrounding ground. B. On embankment areas, remove stumps, roots, and objectionable materials to a depth of one foot below existing natural ground surface. C. Dispose of all refuse from clearing operation off site. Obtain required permits from various governmental agencies involved. Bury no refuse on Owner's property. On areas other than embankment, remove stumps and roots to depth of two feet below natural ground. D. For pavement construction, strip grasses to a depth 2-inches below existing grade and spoil off site. 3.02 MEASUREMENT AND PAYMENT A. No separate pay for work performed under this Item except as indicated below. Include cost of same in Contract price bid for work of which this is a component part. A2001 - 1/2 10/13/2005 B. Proposal will indicate if clearing and grubbing is a pay item. If so, measure by acre or lump sum as indicated in PROPOSAL. C. Pay for"Clearing and Grubbing" at Contract price bid as measured. Such payment to be full compensation for work as described herein. A2001 - 2/2 8/03/2004 ITEM NO. A2002 - SITE GRADING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Within the limits indicated, or in areas where existing grade is altered, strip existing topsoil to 6-inch depth and stockpile in approved areas for subsequent replacement. Remove and dispose of all vegetation, roots, and waste material. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 - PRODUCTS 2.01 MATERIALS Fill: Use approved excess excavation or borrow material. Borrow from approved source, excavate, and clean up borrow area. Reuse of material stripped from borrow site is not allowed unless specifically indicated on PLANS. PART 3 - EXECUTION 3.01 GENERAL Maintain surface drainage on site during construction. 3.02 CONSTRUCTION A. Fill Under Structures and Roads: Place dirt fill in 8-inch maximum layers (loose measure) and compact at or near optimum moisture to at least 95 percent AASHTO Standard T-99-74 density. Place fill to subgrade elevation without addition of topsoil. Where fill to subgrade elevation is less than 6 inches, scarify existing ground to a depth of 6 inches and compact as specified herein. B. Site Fill: Place approved fill within 4 inches of finish grade shown on all areas not covered by structures or roads. Fill in 10-inch maximum layers (loose measured) and compact at or near optimum moisture to at least 90 percent AASHTO Standard T-99-74 density, unless otherwise shown on PLANS. A2002 - 1/2 08/03/2004 D. Final Clean-up: Level washes, ruts, depressions, and mounds to give areas smooth finish. 3.03 MEASUREMENT AND PAYMENT A. Stripping and site grading to be measured by lump sum and paid for at Contract price bid for"Stripping and Site Grading". A2013 - 2/2 08/03/2004 2. Fiber Mat or Paper Mesh Installation: Place fiber mat or paper mesh within 24- hours after seeding operations have been completed. Prior to placing, clear area to be covered of all rocks or clods over 11A-inches in diameter and all sticks or other foreign material which will prevent close contact of the blanket with the soil. Area to be smooth and free of ruts or other depressions. a. If, as a result of a rain, prepared seedbed becomes crusted or eroded, or if eroded places, ruts, or depressions exist for any reason, rework soil until smooth and reseed such areas. After area has been properly prepared, lay fiber mat or paper mesh flat, smooth, and loosely, without stretching or crimping material. b. Apply materials with lengths running parallel to the flow of water. Where more than one width is required, butt or overlap edges as required by manufacturer. c. Hold material in place by means of wire staple driven into soil at 90° angle to surface. Staple material along each edge and in grid pattern with minimum 3-foot centers each way as recommended by manufacturer. In ditches and on slopes,provide additional stapling as recommended by manufacturer. 3.02 MEASUREMENT AND PAYMENT A. Fertilizing and Seeding: Measure by the acre or lump sum as indicated in PROPOSAL. Payment for work under this Item will be made at Contract price for "Seeding", which price to be full compensation for all fertilizer, seed, equipment, materials, and labor necessary for fertilizing and seeding. B. Straw Mulch Seeding: Measure by the square yard as indicated in the PROPOSAL. Payment for work under this Item to be made at the Contract price for "Straw Mulch Seeding", which price to be full compensation for all fertilizer, seed, straw mulch, equipment, materials and labor necessary for fertilizing and seeding. C. Fiber Mat Seeding: Measure by the square yard as indicated in the PROPOSAL. Payment for work under this Item to be made at the Contract price for "Fiber Mat Seeding", which price to be full compensation for all fertilizer, seed, fiber mat, equipment, materials, and labor necessary for fertilizing and seeding. D. Paper Mesh Seeding: Measure by the square yard as indicated in the PROPOSAL. Payment for work under this Item to be made at the Contract price for "Paper Mesh Seeding", which price to be full compensation for all fertilizer, seed, paper mesh, equipment, materials, and labor necessary for fertilizing and seeding. A3004 - 3/3 Std. 08/03/2004 ITEM NO. A3033 —EROSION CONTROL GEOTEXTILE PART 1 —GENERAL 1.01 DESCRIPTION Scope: This work shall consist of furnishing and placing a geotextile for the following drainage applications: cut and fill slope protection, protection of various small drainage structures and ditches, wave protection for causeways and shoreline roadway embankments, and scour protection for structures such as bridge piers and abutments. The geotextile shall be designed to allow passage of water while retaining insitu soil without clogging. The quantities of erosion control geotextiles as shown on the PLANS may be increased or decreased at the direction of the Engineer based on construction procedures and actual site conditions that occur during construction of the project. Such variations in quantity will not be considered as alterations in the details of construction or a change in the character of the work. PART 2—PRODUCTS 2.01 MATERIALS A. Fibers 1. Fibers used in the manufacture of geotextiles, and the threads used in joining geotextiles by sewing, shall consist of long chain synthetic polymers composed of at least 85% by weight polyolefins, polyesters, or polyamides. They shall be formed into a network such that the filaments or yarns retain dimensional stability relative to each other, including selvages. These materials shall conform to the physical requirements of Table 1. B. Protection 1. Geotextile rolls shall be furnished with suitable wrapping for protection against moisture and extended ultraviolet exposure prior to placement. 2. Each roll shall be labeled or tagged to provide product identification sufficiently for inventory and quality control purposes. 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. A3033 - 1/7 Std. 08/03/2004 PART 3—EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Exposure 1. Geotextile Exposure Following Placement: Exposure of geotextiles to the elements between laydown and cover shall be a maximum of 72 hours to minimize damage potential. B. Placement 1. Erosion Control Placement: The geotextile shall be placed and anchored on a smooth graded surface approved by the Engineer. The geotextile shall be placed in such a manner that placement of the overlying materials will not excessively stretch or tear the fabric. Anchoring of the terminal ends of the geotextile shall be accomplished through the use of key trenches or aprons at the crest and the toe of the slope(refer to Fig. 1 through 4 for construction details). [Note: In certain applications to expedite construction, 18-inch long anchoring pins,placed on 2 to 6 feet centers, depending on the slope of the covered area, have been used successfully.] 2. Slope Protection Placement: Successive geotextile sheets shall be overlapped in such a manner that the upstream sheet is placed over the downstream sheet and/or upslope over downslope. In underwater applications, the geotextile and required thickness of backfill material shall be placed the same day. The backfill placement shall begin at the toe and proceed up the slope. a. Riprap and heavy stone filling shall not be dropped onto the geotextile from a height of more than one (1)foot. b. Slope protection and smaller sizes of stone filling shall not be dropped onto the geotextile from a height exceeding three (3) feet. Any geotextile damaged during placement shall be replaced as directed by the Engineer at the Contractor's expense. C. Seams: The geotextile shall be joined by either sewing or overlapping. All seams shall be subject to the approval of the Engineer. Overlapped seams shall have a minimum overlap of 12-inches except when placed under water where the overlap shall be a minimum of three (3) feet. D. Repair: A geotextile patch shall be placed over the damaged area and extend three (3) feet beyond the perimeter of the tear or damage. 3.02 METHOD OF MEASUREMENT A. The geotextile shall be measured by the number of square yards computed from the payment lines shown on the PLANS or from payment lines established in writing by the Engineer. This excludes seam overlaps, but shall include geotextiles used in the crest and the toe of slope treatments. B. Slope preparation, excavation and backfill, bedding, and cover material are separate pay items. A3033 - 2/7 Std. 08/03/2004 3.03 BASIS OF PAYMENT A. The accepted quantities of geotextiles shall be paid for at the contract unit price per square yard in place. TABLE 1 PHYSICAL REQUIREMENTS 1,2 FOR FILTRATION GEOTEXTILES PROPERTY TEST METHOD MINIMUM VALUE Grab Strength(lbs.) ASTM D 4632 Elongation(%) ASTM D 4632 Sewn Seam Strength4 (lbs.) ASTM D 3632 Puncture Strength(lbs.) ASTM D 4833 Burst Strength(psi) ASTM D 3786 Trapezoid Tear(lbs.) ASTM D 4533 Apparent Opening Size(mm) ASTM D 4751 Permeability(cm/sec) ASTM D 4491 Percent Open Area—Woven Area of Openings Geotextiles(%) Total Area Porosity—Nonwoven Geotextiles Volume of Voids (%) Total Volume 1. Acceptance of geotextile material shall be based on ASTM D 4759. 2. Contracting agency may require a letter from the supplier certifying that its geotextile meets specification requirements. 3. Minimum. Use value in weaker principal direction. All numerical values represent minimum average roll value in the Table. Stated values are for non-critical, non-severe applications. Lots sampled according to ASTM D 4354. 4. Values apply to both field and manufactured seams. A3033 - 3/7 Std. 08/03/2004 ITEM NO. A3034 - STORM WATER POLLUTION PREVENTION PLAN (SW3P) PART 1 - GENERAL 1.01 DESCRIPTION A. Section Includes: 1. A draft of the Storm Water Pollution Prevention Plan to use as a general guideline to meet new EPA Standards. 2. Specifications pertaining to the structural systems and pollution prevention systems to be used to meet the guidelines. 3. Details of the structural systems to be used to meet the EPA requirements. B. References 1. Clean Water Act of 1972 establishing the National Pollution Discharge Elimination System(NPDES). 2. 40 CFR 122.21 Application for a NPDES Permit. 3. 40 CFR 122.26 Storm Water Discharges. C. Related Work Specified Elsewhere 1. Embankment- Item No. A2004 2. Channel Excavation - Item No. A2009 1.02 QUALITY ASSURANCE/QUALIFICATIONS It is the intent of the information provided in this section to be used as the general guidelines of the storm water pollution prevention plan for this project to establish a minimum basis of compliance for bid purposes. However, it is the responsibility of the Contractor and all Subcontractors to meet all of the requirements of the law, regardless of the information provided herein. The plan to which the Contractor certifies compliance shall be the Contractor's plan and no responsibility for the information contained in this section or shown on the plans shall be construed as the Owner's or Engineer's responsibility. 1.03 PLAN The Site Grading Plan supplements the information contained within this section. PART 2 - PRODUCTS Not required for this item. PART 3 - EXECUTION A3034 - 1/2 Std. 08/03/2004 The following information is the basis for the Storm Water Pollution Prevention Plan: Storm Water Pollution Prevention Plan for Site Grading of the Dravo Spoil Area A3034 - 2/2 10/13/2005 ITEM NO. B1001 - CONCRETE PART 1 - GENERAL 1.01 DESCRIPTION Scope This Item governs for materials used; for storing and handling of materials; and for proportioning and mixing of concrete for reinforced concrete pavement, and all reinforced concrete precast and cast-in-place structures. 1. Contractor assumes responsibility for cost and design of proper concrete mixture. A. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Furnish laboratory reports showing proportions and materials selected will produce laboratory-mixed concrete of specified quality and having strengths 20 percent higher than 28-day strength specified, at maximum slump and maximum air content specified. B. Owner to select testing laboratory, conforming ASTM E329, to make tests throughout concrete operations. When requested by Owner, Engineer or his representative will monitor tests and review results. 1.03 SUBMITTALS A. Samples 1. Furnish material samples to approved testing laboratory for review and testing. 2. Provide sufficient quantities for testing and determining mixes to produce concrete class specified. B. Mix Designs 1. Submit mix designs for each different concrete strength and for each different aggregate. 2. Secure confirmation of laboratory tests on proposed mix designs prior to submittal. 3. Use only approved mix designs. 4. Make required tests of mix as called for elsewhere in this specification under "Tests." C. Reports: Provide certified mill reports on cement and sieve analysis on aggregate. D. Tests 1. Make moisture tests of aggregate to ensure proper batching and proportioning. 2. Provide and maintain curing facilities conforming to ASTM C31. B1001 - 1/8 10/13/2005 3. For Structural Concrete: a. Perform sufficient number of tests to maintain check on quality. b. Conduct tests as per test procedures (ASTM C31 and C39 for Compression Test). c. When Portland cement concrete other than high-early-strength concrete is used,test minimum of two (2) standard 6-inch by 12-inch cylinders at 7 days and minimum of two (2) 6-inch by 12-inch cylinders at 28 days, for each 50 yards of concrete placed or each structure, whichever is less. d. When high-early-strength concrete is used,test minimum of two (2) standard 6-inch by 12-inch cylinders at 3 days and minimum of two (2) 6- inch by 12-inch cylinders at 7 days for each 50 cubic yards of concrete placed or for each structure,whichever is less. Minimum strengths normally required at 7 and 28 days will be required at 3 and 7 days, respectively. 4. For paving concrete,test pavement work as required by PLANS and/or as follows: a. Make one beam for each 1,000 square yards of pavement, or part thereof, for each day's pour and/or one beam on each street. b. Size of beams as required by ASTM C31. c. Core sampling in accordance with requirements of Special Provision. d. If requirements not established by Special Provision, make one core for each 1,000 linear feet or pavement, or one core for each 2,500 square yards of pavement, or at least one core for each street, whichever is lease in area. e. Fill core hole with non-shrinking grout at no additional cost to Owner. f. Test core for compressive strength and for thickness. 5. For air entrainment, make two tests, in accordance with ASTM C138 or C173, for each day's placing. 6. Make slump tests periodically in accordance with ASTM C 143. 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. B l 001 - 2/8 10/13/2005 3. Contractor to strength structures or replace portions thereof which fail to meet established strength requirements, at Contractor's expense. 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. B1001 - 3/8 10/13/2005 c. High range water-reducing admixture (superplasticizer) in accordance with ASTM C494, Type F or Type G modified as follows: 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 Y2-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 B1001 -4/8 10/13/2005 a. Natural sand as per ASTM C33. b. Fineness modulus between 2.4 and 2.9. 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 C 143. 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 Stren• h psi) Water/Lb. Water/Bag C.Y(21 Slump Range Total Air Content (in.) (/o) Class-Type 7-Day 28-Da, Cement Cement I-bs Rag A-Structural 2000 3000 0.55 6.25 494 5.25 2%2 to 4%2 2%2 to 4%2 Asp-Structural(3) 2000 3000 0.50 5.65 423 4.50 7 to 10(4) 3 to 5 B-Slope 1200 2000 0.75 8.50 400 4.25 2%2 to 4 2%2 Protection C-Pipe Blocking --- 1500 0.97 11.00 282 3.00 3 to 5 3 to 6 D-Seal Slab --- --- --- --- 376 4.00 6 to 8 As needed E-Monolithic 2000 3000 0.55 6.25 564 6.00 4 to 6 3 to 5 Sewer F-Prestressed(5) --- 5000 0.51 5.75 635 6.75 2 to 3 As needed G-Prestressed(5) --- 6000 0.49 5.50 658 7.00 2 to 3 As needed K-Structural(6) 2800 4000 0.50 5.65 564 6.00 3 V2 to 5 2%.to 4%2 Ksp-Structural(3) 2800 4000 0.45 5.00 470 5.00 7 to 10(4) 3 to 5 P-Paving 6-Inch 1800 2800 0.66 7.50 423 4.50 3 to 5 2Y2 to 4%2 (8) 450(7) P-Paving 7-Inch 2000 3000 0.66 7.50 470 5.00 3 to 5 21/2 to 4%2 (8) 5000) P-Paving 8-Inch 2000 3000 0.66 7.50 470 5.00 3 to 5 2%2 to 4%2 t8) - 550(7) * All slump Ranges+'/z-Inch Tolerance (1) Include in maximum water,free water in aggregate minus absorption of aggregate based on a 30-minute absorption period. (2) For concrete placed under water,minimum cement per cubic yard shall be 611 pounds (6.5 bags). (3) Asp and KsP to contain approved High Range Water Reducing(HRWR)Admixture. (4) Maximum 2-Inch slump before addition of HRWR Admixture. (5) For prestressed concrete,water-reducing admixture may be used as needed. (6) Use approved water-reducing and retarding admixture. (7) Minimum flexural strength at 7 days. (8) Slump range 1-Inch to 3-Inch when slip form method of construction used. B1001 - 6/8 10/13/2005 PART 3—EXECUTION 3.01 MIXING CONCRETE A. General 1. Ready mixed and in accordance with requirements of current ACI Building Codes. 2. Postpone or delay work during adverse weather conditions. 3. Protect dry batch material so that it reaches mixer in a dry condition. 4. Use batch mixer having approved and positive water control, and measuring device for all materials. 5. Continue mixing to ensure uniform distribution of materials, but not less than 1'/2 minutes after all materials have been introduced into mixer drum. 6. Rotate drum at peripheral speed recommended by mixer manufacturer. 7. Mix and deliver as per ASTM C94. a. Add mixing water at plant. b. Mix concrete in quantities required for immediate use, and discharge at job site within one hour after introduction of cement to aggregate. If Contractor can prove that concrete consistency measured by slump will not be reduced by more than 2-inches when superplasticized concrete is used,time interval between mixing and placing may be extended to a maximum of 90 minutes or to a period in which slump loss will not exceed 2-inches. c. Begin mixing operation within 30 minutes after cement and aggregates intermingled. d. Ready-mixed concrete producer to furnish delivery tickets indicating: 1) Delivery date and time dispatched. 2) Name and location of project. 3) Name of contractor. 4) Name of ready mixed concrete producer. 5) Truck number. 6) Number of cubic yards of concrete in load. 7) Class of concrete. 8) Cement content in bags per cubic yard of concrete. 9) Amount of admixture in concrete, if any. 10) Number of gallons of water in mixture. 11) Air content. 8. Job mix concrete in approved type mixer, and do not load beyond manufacturer's rated capacity. a. Normal Weight Concrete 1) Mix batches of one cubic yard or less for minimum of 1V2 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 of two splice lengths. d. Lap Splices 1. See General Notes in PLANS for standard bar lap lengths. 2. Lap bars so that both bars will be in the same plane parallel with the nearest concrete surface. e. Welding Splices 1. Procedures and electrodes as specified in A W S D12.1. B3001 - 2/4 08/03/2004 2. For bars No. 6 and smaller, use lap weld splices with fillet weld equal to one-half bar diameter on each side for four inches in length. 3. For bars No. 7 and larger, use butt weld splices in accordance with Figure 3.5, AWS D12.1 4. Prepare ends for butt-welding in the field, and deliver bars of sufficient length to permit this practice. f. All splices, whether lap,weld, mechanical, or coupler,to develop full strength of bar. PART 3 - EXECUTION 3.01 INSTALLATION A. Place reinforcing steel in positions indicated by PLANS and approved shop drawings. 1. Dimensions shown are to centers of bars, unless otherwise noted. 2. Hold bars securely in place with tie wires and other approved means during placing of concrete. a. In plans of steel parallel to nearest surface of concrete, bars not to vary from PLAN placement by more than one-twelfth of spacing between bars. b. In plans of steel perpendicular to nearest surface of concrete, bars not to vary from PLAN placement by more than one-quarter inch. 3. Do not use looped wire bar ties ("pig tails"). 4. Do not tack weld reinforcing. 5. Space steel required distance from forms by approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved precast mortar or concrete blocks. a. For approval of plastic spacers,provide samples of plastic, which show no indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. b. Cast precast block, maximum 2-1/2 inches square, to thickness required for proper reinforcement clearance from forms. 6. Use hot-dipped galvanized metal or plastic chairs to support all reinforcing steel. Except for use with pavement steel, chairs need not be galvanized. 7. Use heavy bolster to support bottom layer of reinforcing in abutment caps, bent caps, and other beams. 8. In bridge deck slab, use two rows of supports for bottom layer of reinforcing parallel to beams for each by between beams. Use high chairs to support top layer. 9. Clean all mortar, mud, dirt, etc. from reinforcement before placing concrete. B3001 - 3/4 08/03/2004 10. Protect exposed steel from corrosion. 11. Placement of steel to be inspected before concrete is placed. 3.02 MEASUREMENT AND PAYMENT A. No separate measurement and payment for work performed under this Item, except as indicated below. Include cost of same in Contract unit prices bid for items of which this work is a component part. B. Measure "Extra Reinforcing Steel," when approved by Engineer, by pound of calculated weight of steel actually placed. Pay for "Extra Reinforcing Steel" at Contract unit prices bid per pound of"Extra Reinforcing Steel" used. B3001 - 4/4 ITEM NO. B3005—CONCRETE CONSTRUCTION PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work 1. Construction of concrete structures, except concrete pavement. 2. Contractor assumes responsibility for design of concrete. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE Make test specimens to maintain check on concrete strength throughout job. 1.03 SUBMITTALS Submit designs for strength. PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete: Ready mixed conforming to ASTM C94 or site mixed. 1. Cement a. ASTM C150, Type I. b. Use no caked cement. c. Deliver in bags for site-mixed concrete. d. Use only one brand of cement in any one structure. 2. Water: Free from oils, acids, alkalis, organic matter, salts, or other deleterious substances. 3. Coarse Aggregate a. Per ASTM C33. b. Maximum size 1 `/z 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 21/2 to 4'/2 2'h to 4'h B Slope 2,000 8.50 4.25 21/2 to 4 21/2 Protection _ Pipe B locking 1,500 11.0 3.0 3 to 5 3 to 6 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: 2%2 gallons 4. Minimum 28-day compressive strength of 8,000 psi. 5. Maintain grout temperature during placement between 50°F and 90°F. G. Polyethelene Film for Permanent Moisture Barrier: Minimum thickness .006 inch (six Mils)and high impact-strength rating. B3005 - 2/5 H. Concrete Bonding Agent: "Daraweld-C" as manufactured by W.R. Grace and Co., or "Bond Crete-S" as manufactured by Burke Concrete Accessories, Inc. PART 3 - EXECUTION 3.01 CONSTRUCTION A. Forms 1. Timber: Mortar tight; smooth surface; true to line and grade and adequately braced. 2. Provide plywood or masonite surfaces for concrete faces to be rub finished. B. Mixing Concrete 1. Mix and deliver in accordance with ASTM C94. 2. Clean and maintain equipment for good operation. 3. Job-mix concrete in approved type mixer for minimum of 1'V2 minutes for 1 cubic yard batch. Add 15 seconds for each half yard increase over 1 cubic yard batch. 4. Do not mix when air temperature is 40°F and falling. C. Placing Concrete 1. General Requirements: a. Give notice before placement. b. Place in daylight hours. c. Discharge within one (1) hour after start of mixing. 2. Handling and Transporting: a. Use method to prevent segregation. b. Use buckets, chutes, buggies,pipes, or troughs. c. Protect against sun and wind,to prevent loss of slump and workability. d. Use of aluminum equipment not permitted. 3. Depositing: a. Continuous horizontal layers 12 inches thick. b. Limit free fall to 5 feet. c. Use tremies for free fall over 5 feet. d. Minimum temperature of all concrete at time of placement to be not less than 50°F. e. Concrete temperature at time of placement not to exceed 85°F, plus a maximum tolerance of 5°F. f. Use retarding agent for air temperatures above 85°F. g. Provide thermometer for temperature verification. h. Concrete work varying from requirements specified will be rejected. D. Curing Concrete 1. Cure for six consecutive curing days, except for high-early-strength concrete. 2. Cure high-early-strength concrete for three consecutive curing days. B3005 - 3/5 3. "Curing Day" is a calendar day whose temperature is above 50°F for at least 19 hours. E. Form Removal 1. Remove forms under slabs, beams, or girders after seven days. 2. Remove all other forms after two days. F. Patching Concrete: Patch honeycomb and tie holes. G. Defective Work: Repair or replace at Contractor's expense immediately after form removal. H. Slab Finish: Wood float, or steel trowel as designated on PLANS. I. Rub-Finished Surfaces 1. Rub-finish exposed vertical and battered surfaces from 6 inches below final ground line of low water to top. 2. No rubbing required for structures extending 12 inches or less above ground or water. 3. Provide two rubbings: a. First with No. 16 carborundum stone. b. Second with No. 30 carborundum stone. 4. Finish to provide clean, smooth, uniform surface. J. Grout: One part Portland cement to two parts sand, by weight. K. Construction Joints: As shown or as approved. L. Reinforcing Steel 1. Bend,clean,place and tie in accordance with ACI Standards. 2. Splice bars only at locations shown on PLANS. 3. Lap bars in accordance with table shown on "Concrete Standards" sheet or as indicated or noted on drawings. M. Cleanup: Clean area from time to time during construction and clean area completely after completion of work. 3.02 MEASUREMENT AND PAYMENT A. No separate payment for work performed under this Item except as indicated below. Include cost of same in Contract price bid for work of which this is a component part. B. "Extra Concrete", when approved by Engineer, to be measured by cubic yard of concrete, complete in place. Pay to be at Contract unit Price per cubic yard for classes of"Extra Concrete" used. B3005 - 4/5 C. "Extra Reinforcing Steel", when approved by Engineer, to be measured by pound of calculated weight of steel actually place. Pay to be at Contract unit price per pound of "Extra Reinforcing Steel" used. END OF ITEM B3005 - 5/5 10/13/2005 ITEM NO. J2001 - CONSTRUCTION OF UNDERGROUND LINES PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish all plant, labor, equipment, supplies, supervision and tools, and perform all operations required for construction of underground lines. B. Related Work Specified Elsewhere: Item J2002 "Well Point System", Item J2003 "Hydrostatic Testing of pressure Lines", Item J3003 "Timber Ordered Left in Trench", Item J3006 "Cement-Stabilized Sand Backfill, Item J3024 "Bank Sand Backfill", and Item J3045 "Trench Excavation and Shoring Safety Plan." 1.02 QUALITY ASSURANCE A. Field Observation: Pipe installed in the permanent work to be placed in the presence of Engineer or his authorized representative. B. Testing of Gravity Sanitary Sewer Line: Leak tests of gravity sewer lines to be per Item J2005 "Low Pressure Air Test-Sanitary Sewer Lines." C. Testing of Pressure Lines: To be tested per Item J2003, "Hydrostatic Testing of Pressures Lines." 1.03 METHODS OF CONSTRUCTION A. Control of Work: Contractor shall be responsible for the control of his work. Engineer reserves the right to verify this control. Contractor may use laser equipment for control. B. For Lines Laid on Grade: Lay and maintain pipe to required lines and grades with specials at required locations, and with joints centered and spigots "home." Lay all lines on grade from downstream to upstream or as directed by Engineer. C. For Lines not Laid to Grade: Lay and maintain pipe and fittings to alignment shown on PLANS. Minimum cover(measured from top of pipe) at street intersection, 5 feet; minimum cover below flow line of drainage ditches, 1 foot 6 inches; minimum cover at other locations, 3 feet 6 inches. Vary depth uniformly to maintain required clearances and depths shown on PLANS. J2001 - 1/7 10/13/2005 PART 2 - EXECUTION 2.01 EXCAVATION AND TRENCH PREPARATION A. General: Excavate trench to alignment and depth required. Brace trench and drain as required so work may be accomplished safely and efficiently. All excavations shall be in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." B. Width of Trench for Pipe Less than 30-inch: Minimum width of outside barrel of pipe plus 12 inches, maximum width of outside barrel of pipe plus 18 inches. For pipes 30- inch and larger, minimum width of outside barrel of pipe plus 24 inches. Excavate and maintain sides of trench vertical for 2 feet above pipe. Above this level,trench may be gently sloped back. Protect existing pavements or utilities as necessary. C. Pipe Foundation: For ordinary bedding, excavate pipe trench to even grade and shape to closely fit lower part of pipe exterior for width of at least 50 percent of pipe breadth to provide uniform bearing for entire length of pipe and provide depressions for bell ends of each pipe. Excavate to grade required for shell, aggregate, or other special bedding. D. Correcting Faulty Grade: Correct any portion of trench excavated below grade with approved material. E. Bell Holes: Provide bell holes of ample dimensions to permit proper jointing. F. Braced and Sheeted Trenches: Sheet and brace all excavations in excess of 5 feet depth to prevent caving. Increase trench width as required and leave sheeting in place until pipe has been laid and backfill compacted to depth of 2 feet over pipe. Sheet and brace in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." G. Care of Surface Material for Reuse: Keep surface material approved for reuse separate from general excavation material. H. Manner Stockpiling Excavated Material: Stockpile excavated material so as not to endanger work or cause interference with public street and driveways. Keep drainage channel clear or provide other satisfactory means of drainage. I. Open Trench: Engineer may limit amount of trench opened or partially open at any time in advance of completed pipe laying operation, and amount of trench left unfilled. Open not more than 100 feet of trench on any street at one time. Keep streets open where possible. J. Disposition of Defective Materials: Remove rejected backfill materials from excavation operations and dispose of off job site at Contractor's expense. J2001 - 2/7 10/13/2005 K. When requested by Contractor and approved by the Engineer to dewater sewer trench because of groundwater conditions, install, operate, and maintain adequate well point systems in accordance with Item J2002 "Well Point Systems." 2.02 PIPE HANDLING A. Handling and Storage: Unload pipe, fittings, and other accessories at point of delivery: haul to and distribute at site of project. Load and unload materials by use of hoists, skids, or other approved means to avoid damage. Distribute for convenient laying and to cause minimum inconvenience to public. B. Inspection: Before lowering and while suspended, inspect pipe for defects. Inspect rigid pipe tapping with light hammer to detect cracks. C. Pipe Kept Clean: Remove foreign matter from pipe and keep clean by approved means during and after laying. 2.03 PIPE LAYING A. Unsuitable Conditions for Laying Pipe: Lay no pipe in water or when trench condition or weather is unsuitable for such work unless specifically approved by Engineer. B. Nonpressure Concrete and Vitrified Clay Pipe: Nonpressure concrete and vitrified clay pipe shall be installed with Class"A" beddings shown in this item. Lay pipe with ends abutting and true to line and grade. Fit and lay pipe to form smooth and uniform invert. Clean sockets prior to lowering into trench. Commence laying of pipe at lowest point so that spigot ends point in direction of flow. C. Ductile Iron Pipe: Lay ductile iron pipe using either "Ordinary" bedding Class "A" bedding where specified on PLANS and described in this item, with bell ends facing direction of laying. D. PVC and ABS Piping: 1. Sanitary Sewer Construction - PVC and ABS pipe shall be installed using Class"C"Bedding as shown in this item. 2. Waterline Construction - PVC pipe shall be installed using Class "B" Bedding as shown in this item. E. Other Pipe: Lay other types of pipe in accordance with applicable provisions of this or other TECHNICAL SPECIFICATIONS. F. Cutting Pipe: Cut cast or ductile iron pipe with wheel-type cutters or cold chisel. Flame cutting of cast iron pipe not allowed. Make cuts in a neat and workmanlike J2001 - 3/7 10/13/2005 manner without damage to pipe and so as to leave a smooth end at right angles to axis of pipe. Field cutting of PVC and A.B.S. type resin pipe to be per pipe manufacturer's recommendations. G. Temporary Plug: When pipe laying operation is halted, seal open end of pipe with temporary plug. Plug to remain in place until pipe laying operation commences again. 2.04 PLUGGING DEAD ENDS Insert standard plug into bells of all dead ends of pipe. 2.05 CONCRETE BLOCKING Thrust blocking to be used for pressure pipelines at bends, tees, points where reducers or changes in pipe diameter occurs, fire hydrants or flushing valves, and all plugged openings. Use Class "C" concrete having compressive strength not less than 1,500 pounds per square inch. Place blocking against solid ground, with area of bearing of pipe and on ground in each instance as required. Place blocking so that pipe and fitting joints will be accessible for repair. For gravity pipelines, use Class "C" concrete minimum of 6 inches on all sides of pipe for encasing, embedding, or blocking where indicated. Use all materials, including aggregate, cement, and water, and mix and place concrete in accordance with applicable concrete item. 2.06 BACKFILLING A. Time of Backfilling: As soon as practicable after completion of laying and jointing pipe, backfill trench. Trench to be completely backfilled to a point not more than 100 feet behind pipe laying operation. B. Materials: Trenches to be backfilled with select material from the sewer trench excavation, or obtained from other sources, free from stones which will interfere with compaction and free of large lumps which will not break down readily under compaction. Do not use material excavated in large lumps or which cannot be easily broken down or which cannot be spread in loose layers. Materials excavated by trenching machine will generally be suitable for use as backfill. 1. Bank sand backfill, where designated on PLANS, to be in accordance with Item J3024 "Bank Sand Backfill." 2. Cement-stabilized sand, where designated on PLANS, to be in accordance with Item J3006 "Cement-Stabilized Sand Backfill." C. Backfill Procedure at Pipe Zone: In pipe zone, when designated on PLANS, use bank sand, cement stabilized sand or select backfill material, free from rocks and rock fragments, and deposit in trench simultaneously on both sides of pipe for full width of J2001 - 4/7 10/13/2005 trench and to elevation of 12 inches above the top of barrel of pipe. Moisten if necessary, tamp in thin (approximately 4-inch) layers, and thoroughly compact under and on each side of pipe to provide solid backing against external surface of pipe. Walking or working on completed pipeline, except as necessary in tamping or backfilling, not permitted until trench has been backfilled at least 12 inches over top of pipe. Backfill to be compacted to 95 percent in accordance with ASTM D698. Approximate optimum moisture content to be maintained during compaction. D. Backfill Procedure Above Pipe Zone: Place backfill above previously defined pipe zone in accordance with following applicable procedure. 1. For trench through or within 5 feet of existing, proposed or future asphaltic concrete, concrete, asphalt-topped concrete, flexible base with asphalt topping, shell or gravel surfaces either public or private roads, streets or driveways, place cement-stabilized sand backfill above pipe zone in approximate 12 inch layers. Thoroughly compact each 12" layer with a vibratory compactor or roller prior to placing additional layers of cement stabilized said. Bring compacted backfill up to bottom of pavement subgrade 2. For trench located in areas other than those previously stated, and not designated for improvement, place select backfill above pipe zone in 6 to 8 inch layers at near or optimum moisture and thoroughly compact to a density of 90 percent of the maximum in accordance with ASTM D698. E. Rock and Rock Fragment Exclusion: Allow no rock or rock fragment in backfill for at least one foot above top of pipe and allow no stone larger than 8 inches in its greatest dimension in backfill. F. Deficiency of Backfill: Supply any deficiency in quantity of materials for backfilling trenches or for filling depressions caused by settlement. 2.07 RESTORATION OF SURFACES Replace or repair sidewalks, driveway culverts, inlets, curbing, gutters, shrubbery, trees, fences, sod, and other like obstructions removed or disturbed, to condition equivalent to that existing prior to commencement of this work. Use concrete having compressive strength in 28 days of not less than 3,000 pounds per square inch in the replacement of curbing, gutters, inlets, and sidewalk. Use reasonable care in removal and replacement of shrubbery and trees designated to be replaced at original locations. Where at all possible, ditch alignment will be such as to minimize this work. Where tree or shrub deemed sufficiently valuable to save is encountered in excavation, ball in burlap, set aside in wet sand or puddling pit and later reset as required. Contractor not held responsible for subsequent care of plant. Restoration of asphalt-topped flexible base and concrete streets as specified under other items of TECHNICAL SPECIFICATIONS or PLANS. J2001 - 5/7 10/13/2005 2.08 CLEAN-UP Remove from site of work, and from public and private property, temporary structures, rubbish, and waste materials, including excess excavated materials. Dispose of surplus earth as shown on PLANS. Complete cleanup not greater than 500 feet behind pipe laying operation. Pipe-laying operation to be suspended temporarily if complete clean up is further behind than 500 feet. 2.09 MEASUREMENT AND PAYMENT A. For Gravity Pipelines: Measure by linear foot from center of manhole to center of manhole to center of manhole, exclusive of pipe installed in tunnel or augered hole construction, special structures, or other special sections, along pipe of size and at depth installed. Measure depth at manholes, at intervals not to exceed 50 feet between manholes, and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center or pipe. Pay for gravity pipelines, furnished, installed, and measured as stated, at Contract unit prices bid for size and depth measured. B. For Pressure Pipelines: Measure by linear foot from center line of fitting to center line of fitting, exclusive of pipe installed in tunnel construction, special structures, or other special sections, along pipe of size and type installed. If depth of cut is shown on PROPOSAL, measure depth at intervals not to exceed 50 feet and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center of pipe. If depth of cut is not shown on PROPOSAL, no consideration made for depth at which pipe is installed. Pay for pressure pipelines, furnished, installed and measured as stated, at Contract unit prices bid for size and type (and depth, if shown of PROPOSAL)measured. C. Concrete Blocking: No separate payment for concrete used for blocking, backing, encasement, or embedding. D. Rock Excavation: No separate payment for rock excavation when rock is encountered in trenching operation. E. Concrete Curbs, Gutters, and Sidewalks: Measured concrete used in repairing curbs, gutters, and sidewalks by cubic yard in place. Pay for concrete used in repairing curbs, gutters, and sidewalks, measured as stated in Contract unit prices bid for "Extra Concrete" of class installed. F. Street and Driveway Surfacing: As per applicable Item of TECHNICAL SPECIFICATIONS or PLANS. J2001 - 6/7 10/13/2005 G. Restoration of Other Surfaces: No compensation for restoration of surfaces, other than those specifically shown above. H. Bedding and Backfill: No separate payment for bedding and backfill called for under Paragraph 2.06. I. Cement-Stabilized Sand and Bank Sand Backfill: No separate payment for Cement- stabilized Sand and Bank Sand Backfill called for under Paragraph 2.06. J2001 - 7/7 Std. 10/13/2005 ITEM NO. J2002 - WELL POINT SYSTEM PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish, install, operate and maintain well point system to control groundwater in excavations when requested by Contractor and approved by Engineer. B. Related Work Specified Elsewhere: Per Item A2003 "Structural Excavation and Backfill" or Item J2001 "Construction of Underground Lines." PART 2 - PRODUCTS Not required for this Item. PART 3 -EXECUTION 3.01 CONSTRUCTION METHODS. A. Install well point system parallel to trench line. B. Operate well point system in advance of and during excavation. Continue operation until backfilling is completed. C. Discharge pumped water into storm sewer system or drainage swale away from excavation. D. Upon removal of well point system, backfill holes with select backfill or sand. 3.02 MEASUREMENT AND PAYMENT A. Measurement: "Well Point System" per linear foot parallel to trench line, regardless of whether one or more well point system(s) are used. B. Payment: Pay for"Well Point System" measured as stated above, at Contract unit price bid. C. No payment for"Well Point System" which does not successfully dewater trench. No separate payment for dewatering trench due to rainfall during construction. J2002 - 1/1 Std. 08/03/2004 ITEM NO. J3001B- STORM SEWER MANHOLES PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: This item governs for construction of reinforced concrete manholes for storm sewer lines. B. Work Specified Elsewhere: 1. Reinforcing Steel: Item No.B3001 - "Reinforcing Steel." 2. Concrete: Item No.B 1001 - "Concrete." 3. Sewer Pipe and Fitting: See applicable Item for type used, or as shown on PLANS. PART 2-PRODUCTS 2.01 MATERIALS A. Cast Iron. ASTM A-48, Class No. 20 grey cast iron. Make cast iron manhole frames and covers to dimensions shown on detail drawings. Castings shall be free from sand, blow holes or other defects. Machine bearing surfaces of frames and covers to obtain even bearing. Cast wording "Storm Sewer" on cover. B. Mortar. ASTM C-270,Type M using Portland Cement. C. Aggregate for Mortar. ASTM C-144. PART 3 -EXECUTION 3.01 CONSTRUCTION METHODS A. Construct manholes on concrete foundations of shape and size indicated on PLANS. Construct to line and grade and at locations shown on PLANS or as directed by Engineer. Terminate storm sewer pipes and leads such that ends of pipe protrude inside of manhole. Cut pipe ends flush with inside of manhole and point up irregularities with mortar. B. Backfill all manhole excavations located within 5 feet of existing or future pavement with cement-stabilized sand to a point one (1) foot below top of pavement or natural ground, whichever is higher. For manholes located in other areas, backfill with trench excavated material. Compact layers in 12-inch lifts to a density equal to that J3001B - 1/3 Std. 08/03/2004 of the surrounding soil. 3.02 MEASUREMENT AND PAYMENT A. Measure "Standard Storm Sewer Manholes" per each being 0'-8' in depth. Measure "Extra Depth on Standard Storm Sewer Manhole per foot over 8 foot depth. B. Pay for "Standard Storm Sewer Manhole" at Contract unit price per each. When indicated in the PROPOSAL, pay for "Extra Depth on Standard Storm Sewer Manhole" at Contract unit price per foot. J3001 B - 2/3 Std. 08/03/2004 •i�i�i i.i i i i i�i 4 E • • MANHOLE FRAME AND COVER /Z,y 22" 1 4 2o %" 1 \`, 1 30" SECTION SHOWING MANHOLE FRAME AND COVER STANDARD MANHOLE CASTING NTS MANHOLE FRAME & COVER NEENAH FOUNDRY COMPANY NONTRAFFIC — R-1711—B HEAVY USE — R-1711—A END OF ITEM J3001B - 3/3 10/13/2005 ITEM NO. J3006 - CEMENT- STABILIZED SAND BACKFILL PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish all plant, labor, equipment, supervision, and tools for the furnishing and installation of Cement-Stabilized Sand Backfill as shown on PLANS or as indicated in other items of the TECHNICAL SPECIFICATIONS. B. Related Work Specified Elsewhere: Per Item No. J2001 - "Construction of Underground Lines" for compaction requirements for sanitary sewers, storm sewers, and waterlines. PART 2 - PRODUCTS 20.1 MATERIALS A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight. Material removed by decantation 5.0% Clay lumps 0.5% Other deleterious substances such as coal, shale,coated grains of soft flaky particles 2.0% Gradation Requirements: Retained on 3/s-inch sieve 0% Retained on 1/4-inch sieve 0%- 5% Retained on 20-mesh sieve 15% - 50% Retained on 100-mesh sieve 80%- 100% Color test ASTM C40 - Color not darker than standard color. B. Cement: ASTM C150 -Type I. C. Water: Fresh and clean. J3006 - 1/2 11/18/03 PART 3 - EXECUTION 3.01 MIXING Use minimum of 1-1/2 sacks of cement per cubic yard of mixture. Use amount of water required to provide mix suitable for mechanical hand tamping and mix in approved mixer. Stamp tickets at plant with time of loading. Material not in place within one and one-half hours after loading of that has obtained an initial set will be rejected and removed from the site. 3.02 PLACING Place around abutment, wingwalls, structures, inlets, and manholes where indicated only after they have cured at least four days. Place around fiberglass manholes as specified in Item No. J3019 - "Fiberglass Manholes". Place in 4-inch layers and compact each layer with approved power-driven hand tampers. Place in pipe trenches as specified in Item No. J2001 -"Construction of Underground Lines." 3.03 MEASUREMENT AND PAYMENT A. No separate measurement and payment for work performed under this Item. Include cost of same in Contract price bid for items of which this work is a component part. B. "Extra Cement-Stabilized Sand Backfill," when approved by Engineer, to be measured by cubic yard compacted in place. Pay for "Extra Cement-Stabilized Sand Backfill" at Contract unit price bid. J3006 -2/2 08/03/2004 ITEM NO. J3007— REMOVAL AND REPLACEMENT OF STREET BASE AND SURFACE PART 1 —GENERAL 1.01 DESCRIPTION Extent of Work: this Item governs for the removal and subsequent replacement of street base and surface required for installation of sewer, storm sewer, or waterlines. 1.02 WORK SPECIFIED ELSEWHERE Compaction requirements for trench backfill, to base or subgrade, to be in accordance with applicable Item. PART 2—PRODUCTS 2.01 MATERIALS A. Flexible Base 1. Calcareous (Caliche): Obtained from approved source consisting of argillaceous limestone, calcareous, or calcareous clay particles, with or without stone, conglomerate, gravel, sand, or other granular materials. When properly slaked and tested, material to meet the following requirements: Passing 1-3/4 -inch sieve 100 percent Retained on 40 mesh sieve 50 to 85 percent Material passing 40 mesh sieve to have following properties: Liquid limit not exceeding 40 Plasticity Index not exceeding 12 2. Gravel: Obtained from approved source, consisting of durable particles of stone or gravel mixed with acceptable binder and free from thin or elongated pieces, lumps of clay, soil, loam, or other vegetable matter. When properly slaked and tested, material to meet following requirements: Retained on 1 -3/4 - inch sieve 0 to 5 percent Retained on No. 4 sieve 30 to 75 percent Retained o No. 40 sieve 60 to 85 percent J3007 - 1/8 08/03/2004 Material passing '/4 - inch screen known as binder; that portion of binder material passing 40 mesh sieve known as soil binder and conform to following requirements: Liquid limit not exceeding 35 Plasticity Index not exceeding 10 3. Cement- Stabilized Shell a. Aggregate: Use oyster shell with its natural binder or other approved fine aggregate. Gradation as follows: Retained on 3-inch sieve 0 percent Retained on 3/4-inch sieve 12 to 37 percent Retained on No. 4 sieve 95 to 100 percent Passing on No. 200 sieve 0 to 6 percent b. Cement: ASTM C 150-78, Type III. c. Water: As required by ASTM C94-78. d. Proportioning: Proportion material within following limit subject to change, if necessary,to obtain satisfactory mix. Cement by weight(based on dry weight of cement shell and sand mixture) 7- 1/2 percent Maintain moisture content between optimum moisture and 3 percentage points above optimum moisture. If necessary, use sand having Plasticity Index not greater than 7 as binder to obtain satisfactory proportioning. Fine aggregate not to exceed 20 percent of batch by weight. 4. Iron Ore: Obtained from approved source, consisting of hematite, or limonite ore, occurring with or without sand, as found at or near surface and containing not more than 10 percent gravel by weight. Excessive amounts of free clay prohibited. Remove grass, weeds, tree, stumps, roots, overburden, rubbish, and other objectionable materials. Use material meeting following requirements when tested by applicable procedures: Retained on 2-1/2-inch sieve 0 percent Retained on No. 40 sieve 50 to 85 percent Material passing 40 mesh sieve to conform to following: Liquid limit not exceeding 35 Plasticity Index not exceeding 12 J3007 - 2/8 08/03/2004 5. Other Types Not Listed: In event other types of flexible base are encountered such as "shell with sand admixture," "crushed stone," etc., materials furnished for replacement of flexible base removed to be in accordance with applicable provisions of Department of Highways and Public Transportation Specifications for Construction of Highways, streets, and bridges, 1972 edition. B. SURFACING 1. Concrete a. Cement per ASTM C150-78 also meeting the requirements for weight variations and length of storage. Use no caked cement. Deliver in bags for site-mixed concrete. b. Water per ASTM C94-78. c. Coarse Aggregate: Per ASTM C33-79. Not larger than one-fifth of narrowest dimensions between sides of forms, nor larger than three-fourths of minimum clear spacing between reinforcing bars, or between reinforcing bars and forms, nor more than 1-1/2-inch in size. d. Fine Aggregate: Per ASTM C33-79. e. Concrete Admixtures: Air-entraining agent or other approved admixture. Use between 3 and 5 percent as determined by ASTM C138-77 or C173-78. f. Proportioning (1) Minimum 28-day compressive strength - 3,000 lbs./sq.in. (2) Maximum water content per bag of cement- 6-1/4 gallons. (3) Minimum cement- 5 bags/cu.yd. (4) Consistency range in slump - 1 to 3 inches. (5) Minimum 7-day flexural strength - 600 lbs./sq.in. 2. Asphalts: Materials furnished, proportioning, and mixing to be in accordance with applicable provisions of Department of Highways, Streets, and Bridges, 1972 edition. Use of one of the following types and identical to existing adjacent undisturbed surface. a. One Course Surface Treatment b. Two Course Surface Treatment c. Three Course Surface d. Cold-Mix Limestone Rock Asphalt Pavement(Class A) e. Hot-Mix Asphaltic Concrete Pavement(Class A) £ Hot-Mix Cold-Laid Asphaltic Concrete Pavement(Class A) 3. Road Shell: Durable particles of oyster shell and approved binding material. When properly slaked and tested by laboratory methods, material to meet following requirements: J3007 - 3/8 08/03/2004 Retained on 2-1/2-inch sieve 0 to 8 percent Retained on 1-inch sieve 12 to 40 percent Retained on 1/4-inch sieve 50 to 80 percent Material passing 40 mesh sieve to have following properties: Liquid limit not exceeding 45 Plasticity Index not exceeding 20 PART 3 - EXECUTION 3.01 CONSTRUCTION A. General: Where installation of pipe involves excavation of trench through any type of permanent surfacing, either asphalt or concrete or combination thereof, widen each side of trench 12 inches for depth shown. Where installation of pipe involves excavation through gravel, iron ore, or shell surfacing, widening of trench at top is prohibited. During time lapse between installation of pipe and replacement of surfacing, maintain all crossings, both public and private, by filling ruts, pot-holes, ect. with flexible base material. B. Removal of Existing Surfaces and Bases 1. Concrete Surface or Base: Use power driven concrete saw to cut existing concrete in a neat straight lien on each side of widened section. Width of concrete to be removed between sawed lines, equal to normal trench width plus 12 inches on each side of trench. Depth of sawed cut to be minimum of 1-1/2 inches. Use appropriate wrecking ball,jackhammer, ect, to break concrete being removed into convenient sized pieces for handling. Protect all underground utilities. Remove and dispose of concrete removed. No concrete resulting from removal operations to be left on public right-of-way or on private property without consent of property owner. When shown on PLANS, concrete removed to be used for riprap. Cut existing longitudinal reinforcing steel on centerline of trench and bend bars back sufficiently to provide clearance for ditch excavation. 2. Asphalt surfacing on Flexible Base: Use power driven concrete saw to cut existing concrete in a neat straight line on each side of widened section. Width of asphalt surface to be removed between neatly cut lines, equal to normal trench width plus 12 inches on each side of trench. Contractor to remove and dispose of asphalt surfacing removed. No asphalt surfacing resulting from removal . operation to be left on public rights-of-way or on private property without consent of property owner, 3. Flexible Base Surfaces: Flexible base other than cement stabilized shell may be removed ahead of trenching operation; stockpiled and subsequently reused. If J3007 -4/8 08/03/2004 Contractor elects to salvage existing flexible base for subsequent reuse, exercise care in removing flexible base so that base materials (weeds, sticks, dirt, ect.). Flexible base material which becomes mixed with foreign materials, prohibited from being reused. 4. Shell Iron Ore, Gravel, Etc. Surfaces: Surfaces constructed of shell, iron ore, gravel, etc. may be removed ahead of trenching operation; stockpiled and subsequently reused. Requirements as to removal, handling, stockpiling, and subsequent reuse are same as those specified for 3., Flexible Base. C. Replacement of Surfaces and Bases: Do not replace permanent surfacing until line has been tested. During time interval between laying of pipe and testing, maintain all crossings, either public or private, by filling pot-holes, ruts, etc. with flexible base material. Repair all surfaces damaged or removed. 1. Concrete Surface or Base: After completion of testing of line, remove temporary flexible base from area to be resurfaced; fine grade subgrade on which concrete slab section to be a minimum of 2 inches greater than adjacent existing concrete. Bend longitudinal bars back to original position and splice each cut bar with bar of same diameter. Replace transverse bars in accordance with table shown on attached detail drawing. After reinforcement mat is complete, place concrete proportioned as set forth above and shape to conform to adjacent pavement section. Mix, place, and cure in accordance with acceptable practices. Replace one-half of cut pavement section, cure, and open to traffic before replacing other half. When pavement to traffic before replacing other half. When pavement consists of concrete base with asphaltic surfacing, surface new concrete base with asphalt pavement equal in every respect to existing adjacent undisturbed asphalt surfacing. Place asphalt surfacing in accordance with applicable provisions of Department of Highways, Streets, and Bridges, 1972 edition. 2. Asphalt Surfacing on Flexible Base: Place base material, maximum of 4-inch lifts, to depth indicated. Thoroughly compact each layer to optimum moisture content of 95 percent ASTM D698-70, by rolling or mechanically tamping. Sprinkle and shape to conform to adjacent road section. If existing base material was salvaged and reused, provide such additional quantity of new base material, similar in quantity to reused material, as need to construct proper shaped section. If base material is cement-stabilized shell or new flexible base is to be used, material to conform to applicable parts of this Item and be of similar to existing 3. Shell, Iron Ore, Gravel, and Other Types of Surfaces: Terminate compacted backfill at a point 8 inches below surface, and backfill final 8 inches with material of same type as existing adjacent undisturbed material. J3007 - 5/8 08/03/2004 3.02 MEASUREMENT AND PAYMENT No separate measurement and payment for work performed under this Item. Including soil sampling if requested, except as indicated below. Include cost of same in Contract unit prices bid for work of which this is a component part. J3007 - 6/8 08/03/2004 CONCRETE SECTION ASPHALT SECTION SYMMETRICAL ABOUT OF TRENCH WHERE REINFORCEMENT EXISTS IT WILL BE BENT BACK AS SHOWN CUT BASE BACK 12" —.112"y 12"b—FROM EDGE OF TRENCH 2 COURSE WORMFLEXIBLE BASE (.4c,<NN,</f/ -*-1∎V/; v/vim//i/,/,/./././ EXISTING SUBGRADE TABLE OF SLAB DEPTHS & REINF. EDGE OF TRENCH wg o0 O Z FQ WIDTH VARIABLE oti 1-W Wm a m z VARIABLE PIPE DIAMETER li O N CL 5.1- U JO 8" 18" 4 9" 40" 8" 24" 4 8" 46" 8" 30" 4 7" 52" 8" 36" 4 6" 58" 10" 42" 4 8 %2" 64" SECTION SHOWING METHOD OF CUTTING 10" 4-8" 4 7 /2 70" 10" 54" 4 7" 76" 10" 60" 4 6 %2" 82" 10" 66" 5 9' 88" 10" 72° 6 8 %2 94" 10" 78" 6 8" 100" REPLACE CONCRETE OR BITUMINOUS WEARING SURFACE 10" 84" 6 7 %106" AFTER BASE HAS BEEN THOROUGHLY BEND STEEL BACK TO ORIGINAL COMPACTED. ASPHALT MAY BE APPLIED POSITION AND SPLICE • FOR SIZE AND SPACING OF BASE REPAIR SHALL BE MADE WITH FLEXIBLE TRANSVERSE REINFORCING SEE BASE MATERIAL AS PER THIS SPEC. ITEM. "TABLE OF SLAB DEPTHS ETC." 2" BELOW ORIGINAL SUBGRADE i VARIABLE PIPE DIAMETER BACKFILL ABOVE PIPE ZONE BACKFILL IN PIPE ZONE IN ACCORDANCE WITH PAR. 2.06C IN ACCORDANCE WITH PAR. OF ITEM "CONSTRUCTION OF UNDERGROUND LINES.°.41111 2.06D OF ITEM "CONSTRUCTION UNDERGROUND LINES." SECTION SHOWING METHOD OF CUTTING CONCRETE & ASPHALT PAVEMENT CUTTING AND REPAIRING DETAILS NTS END OF ITEM J3007 - 7/8 Std. 02/0 1/2005 ITEM NO. J3011 -REINFORCED CONCRETE PART 1 -GENERAL 1.01 DESCRIPTION A. Scope: Furnish labor, materials, equipment, supplies, supervision, and tools. Perform operations with the furnishing and jointing or reinforced concrete pipe. B. Reference Standards: Reinforced concrete pipe and jointing to meet requirements as specified under ASTM C76, ASTM C443, and Federal Specifications SS-S-210A- 84 as listed hereinafter. C. Related Work Specified Elsewhere: Item No. J2001 - "Construction of Underground Lines" or as called for on PLANS or specified elsewhere in this or other Technical Specifications PART 2-PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS A. Reinforced Concrete Pipe 1. Conform to ASTM C76 of class as shown on PLANS 2. Pipe ""Wye" and "Tee" Fittings: Same class as adjacent joint of pipe and conforming to ASTM C76. Use bell end of branch opening on "Wye" and "Tee"fittings. 3. Pipe: Pipe to be manufactured using machined metal rings forms of heavy design to ensure accurate and concentric joints. Rings to remain on pipe sufficient period of time after manufacture so as to hold true design dimension. Planes at ends of pipe to be perpendicular to longitudinal axis with opposite sides of pipe not to vary in length more than 3/16 inch. Variance of annular space between inside of bell and outside of spigot at gasket seat not more than 1/16 inch. Each joint of pipe to be checked at plant; ship only joints of pipe meeting these TECHNICAL SPECIFICATIONS. B. Jointing Material 1. General: See PLANS for type joint material except where used as sanitary sewer. 2. Rubber Gasket: Required for sanitary sewers. As specified under ASTM C443. Use lubricants of flax soap or equal. Mineral lubricants not permitted. 3. Preformed Plastic Gasket: Use for storm sewers only. Use RAM-NEK J3011 - 1/3 10/13/2005 ITEM NO. J3024 - BANK SAND BACKFILL PART 1 - GENERAL 1.01 DESCRIPTION Extent of Work. When shown PLANS, furnish and place bank sand backfill in trench excavations above pipe zone as specified in Item No. J2001 - "Construction of Underground Lines", or as required by the Engineer. PART 2 - PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS Materials. Bank sand to be free of organic matter, foreign material and mud balls. Sand to have a minimum Plasticity Index of 7 and with not more than 40 percent passing a No. 200 sieve. PART 3 - EXECUTION 3.01 INSTALLATION Mechanical Tamping. Place bank sand in layers not exceeding 8 inches. Compact with mechanical vibratory tamps to 95 percent of maximum density at approximate optimum moisture content as prescribed by ASTM Designation D698. Water flooding is not permitted. 3.02 MEASUREMENT AND PAYMENT A. Measurement: No separate payment for work performed under this Item, except as indicated below. Include cost of same price bid per linear foot of pipe for which work is a component. B. Payment: "Extra Bank Sand Backfill," when required, will be measured by the cross-section method in its compacted position and paid for at Contract unit price bid per cubic yard. Payment under this bid Item is limited to such additional bank sand backfill not shown on PLANS that may be required. J3024 - 1/1 10/13/2005 ITEM NO. J3045 - TRENCH EXCAVATION AND SHORING SAFETY PLAN PART 1 - GENERAL 1.01 DESCRIPTIONS A. Scope of Work: Furnishing a Trench Excavation and Shoring Safety Plan, including detailed plans and specifications for a trench safety system and requirements for a safety program for the trench system, to be incorporated into the bid documents and the Construction Contract, and all labor and materials for installation, inspection, and maintenance of trench safety system. B. Application: For any trench excavation at a depth of five (5) feet or greater or where shown on PLANS provide trench safety system. Trench safety system is not required when (a) Contractor's geotechnical engineer determines that the trench excavation is to be made in stable rock; or (b) excavations are less than five (5) feet in depth and examination of the ground by a competent person on behalf of the Contractor provides no indication that a cave-in should be expected. Trench safety system shall be in accordance with details shown on Contractor's Trench Excavation and Shoring Safety Plan. 1.02 QUALITY ASSURANCE Trench safety system to meet appropriate requirements established in Occupational Safety and Health Administration (OSHA) Safety & Health Regulations, 29 CFR 1926-621, Subpart P - Excavations, Trenching and Shoring, and OSHA's proposed standards on trenching excavation published in Volume 54, No. 209 of the Federal Register, October 31, 1989. Those standards are incorporated into these specifications by reference. Should the applicable OSHA standards be modified or amended, the more stringent standards shall apply. Contractors working for political subdivisions of the State shall also be governed by Section 2, Chapter 722, Act of the 70th Legislature, Regular Session, 1987 (Article 2378a.6, Vernon's Texas Civil Statutes). 1.03 SUBMITTALS The successful bidder shall provide the Owner with its Trench Excavation and Shoring Safety Plan for Project prior to Award of the Contract. The plan shall incorporate detailed plans and specifications for trench safety system conforming to OSHA standards that accounts for project site conditions, Contractor's trench construction means, methods, techniques or procedures, the relationship of spoil to edge of trench, and Contractor's equipment to be used in construction of project facilities requiring trench system(s). Contractor shall provide a statement signed and sealed by a Registered Professional Engineer licensed in the State of J3045 - 1/5 10/13/2005 Texas stating that the Trench Excavation and Shoring Safety Plan and the detailed plans and specifications for the trench safety system are designed in a good and workmanlike manner and is in conformance with appropriate OSHA standards. Contractor's plan and the detailed plans and specifications for the trench safety system shall be incorporated into the bid documents and the Construction Contract. In determining who is a responsible bidder, the Owner may take into account the safety record of the bidder, or the firm, corporation, partnership of institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution. A political subdivision may require the bidders to attend a pre-bid conference for the purpose of coordinating a geotechnical investigation of the project site by the bidders. In awarding a contract, a political subdivision shall not consider a bid from a bidder who failed to attend a pre-bid conference required by the political subdivision under this section. PART 2 - PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENT A. Materials 1. Timber: Trench sheeting materials to be full dimension mixed oak, a minimum of two inches in thickness, solid and sound, free from weakening defects such as loose knots and splits. 2. Steel Sheet Piling: Steel sheet piling shall conform to one of the following specifications: a. ASTM A328. b. ASTM A572, Grade 50. c. ASTM A690. Steel for stringers (wales)and cross braces shall conform to ASTM A588. 3. Steel Trench Boxes: Portable steel trench box shall be constructed of steel conforming to ASTM Specification A-36. Connecting bolts used shall conform to Specification ASTM A-307. Welds to conform to requirements of AWS Specification D1.1. 4. Other Materials: Other materials to be utilized shall conform to applicable ASTM standards. PART 3 - EXECUTION 3.01 GENERAL Trench safety system shall be constructed, installed,and maintained in accordance with the Trench Excavation and Shoring Safety Plan prepared by the Contractor's Registered Professional Engineer. Contractor's negligence in performance of J3045 -2/5 10/13/2005 contract work resulting in any property damage or bodily injury including death or the failure to note exceptions to the trench safety plan by the owner and/or his representatives shall remain the sole responsibility and liability of the contractor. 3.02 INSTALLATION A. Timber Sheeting: Timber sheeting and size of uprights, stringers (wales), and cross bracing to be installed in accordance with Contractor's plan. Place cross braces in true horizontal position, spaced vertically, and secured to prevent sliding, falling, or kickouts. Cross braces to be placed at each end of stringers (wales), in addition to other locations required. Cross braces and stringers (wales) to be placed at splices of uprights, in addition to other locations required. B. Steel Sheet Piling: Steel sheet piling of equal or greater strength may be used in lieu of timber trench shoring shown in the OSHA tables (proposed standards). Drive steel sheet piling to a least minimum depth below trench bottom as recommended by Contractor's Registered Professional Engineer providing design. Place cross braces in true horizontal position, spaced vertically and secured to prevent sliding, falling, or kickouts. Cross braces to be placed at each end of stringers (wales), in addition to other locations required. C. Trench Boxes: Portable trench box may be used in lieu of timber trench shoring shown in the OSHA tables (proposed standards) and shall be designed to provide equal or greater protection than timber trench shoring shown in the OSHA tables. In cases where top of portable trench box will be below top of trench, the trench must be sloped to the maximum allowable slope for the soil conditions existing on the Project. In areas where a sloped trench will affect the integrity of existing structures, Contractor to protect structures prior to sloping trench. D. Trench Jacks: When trench jacks are used for cross bracing and/or stringers (wales), the trench jacks shall provide protection greater than or equal to the timber cross bracing shown in the OSHA tables (proposed standards). Trench jacks to be placed at each end of stringers (wales) in addition to other locations required. 3.03 SUPERVISION Provide competent supervisory personnel at each trench while work is in progress to ensure Contractor's methods, procedures, equipment, and materials pertaining to the safety systems in this Item are sufficient to meet requirements of OSHA Standards. 3.04 MAINTENANCE OF SAFETY SYSTEM J3045 - 3/5 10/13/2005 The safety system shall be maintained in the condition as shown on the Trench Excavation and Shoring Safety Plan as designed by the Contractor's Registered Professional Engineer. The contractor shall take all necessary precautions to ensure the safety systems are not damaged during their use. If at any time during its use a safety system is damaged, personnel shall be immediately removed from the trench excavation area and the safety system repaired. The Contractor shall take all-necessary precautions to ensure no lads, except those provided for in the plan, are imposed upon the trench safety system. 3.05 INSPECTION Contractor shall make daily inspection of trench safety system to ensure that the system meets OSHA requirements. Daily inspection to be made by competent personnel. If evidence of possible cave-ins or slides is apparent, all work in the trench shall cease until necessary precautions have been taken to safeguard personnel entering trench. Contractor to maintain permanent record of daily inspections. 3.06 REMOVAL Bed and backfill pipe to a point at least one (1) foot above top of pipe or other embedded items prior to removal of any portion of trench safety system. Bedding and backfill to be in accordance to other applicable specification items. Backfilling and removal of trench supports shall be in accordance with Contractor's Trench Excavation and Shoring Safety Plan. Removal of trench safety system to be accomplished in such a manner to cause no damage to pipe or other embedded items. Remove no braces or trench supports until all personnel have evacuated the trench. Backfill trench to within five (5) feet of natural ground prior to removal of entire trench safety system. 3.07 FURTHER AMENDMENT TO CONTRACT All modifications to the Contractor's Trench Excavation and Shoring Safety Plan or the detailed plans and specifications necessitated by the site conditions, Contractor's trench construction means, methods, techniques or procedures and Contractor's equipment to be used in construction of project facilities shall be communicated to Owner in writing. All such modifications shall be communicated to Owner in writing. All such modifications shall be signed and sealed by a Registered Professional Engineer licensed in the State of Texas and a statement provided stating that the modified plan and/or the modified detailed plans and specifications for the trench safety system are designed in good and workmanlike manner and is in conformance with appropriate OSHA Standards. Such modifications to Contractor's plans and/or the Contractor's detailed plans and specifications for the trench safety system shall thereafter be incorporated into the Construction Contract. J3045 - 4/5 10/13/2005 3.08 MEASUREMENT AND PAYMENT A. Measurement: Measure "Trench Safety System" by linear foot of trench protected. Shoring of trench at manholes and other line structures to be included in the lineal foot cost. B. Payment: Pay for "Trench Safety System" measured as stated and by depth of trench protected as shown on PROPOSAL. Payment shall be full compensation for all work described herein. There shall be no increase in the Contract price because of the incorporation of Contractor's Trench Excavation and Shoring Safety Plan or Contractor's detailed plans and specifications for the trench safety system into the bid documents and the construction Contract. There shall be no increase in the Contract price because of modifications to Contractor's plan and/or the Contractor's detail plans and specifications for the trench safety system, whether or not the result of unforeseen of differing site or soil conditions. C. Pay for "Design of Trench Excavation and Shoring Safety Plan" by lump sum as shown on PROPOSAL. Payment shall be full compensation for all professional services relating to the Contractor's Trench Safety System. J3045 - 5/5 Std. 10/13/2005 ITEM NO. K3003 - LIME-STABILIZED SUBGRADE PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Preparation and treatment of subgrade by addition of hydrated lime or lime slurry when plasticity index exceeds 20, mixing and compacting to required lines, grades, and typical sections. Treatment applies to natural ground, cut sections, embankments, or existing subgrade. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 DELIVERY, STORAGE,AND HANDLING A. Store and handle lime in weatherproof containers, bins, or buildings. Protect lime from any dampness or moisture until distribution on subgrade. B. Weigh lime furnished in trucks on approved scales. C. Lime furnished in bags to bear manufacturer's certified weight. Bags varying more than±5 percent from average bag weight may be rejected. PART 2—PRODUCTS 2.01 MATERIALS A. Hydrated Lime: Conforming to requirements of Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, 2004 Edition, Item "Lime Treatment(Road-Mixed)". B. Commercial Lime Slurry: Conforming to requirements of Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges,2004 Edition, Item"Lime Treatment(Road-Mixed)". K3003 - 1/3 Std. 10/13/2005 PART 3—EXECUTION 3.01 CONSTRUCTION METHODS A. Preparation: Prior to placing lime treatment, shape subgrade to elevations indicated on PLANS by scarifying or excavating soil with proper machinery. Correct unstable or loose material at given cross-section depths by removal of such material. Backfill voids with approved select material and compact to indicated grades. B. Placing: Place lime only on areas where mixing operations can be completed in same workday. Spread lime uniformly over subgrade by "dry placing" or "slurry placing" methods described herein. 1. Dry Placing: Spread lime with approved spreader or by bag distribution. Do not spread with maintainer or motor grader. Do not spread lime during windy or other adverse weather conditions. 2. Slurry Placing: Mix lime with water in trucks and place mixture or slurry using approved distributor. Make successive passes over measured section of roadway until proper lime content has been secured. Furnish truck with approved agitator which will keep lime and water uniformly mixed. Do not change grade of slurry without prior approval. C. Mixing: Mixing procedure to be same for either "dry placing" or "slurry placing". Obtain uniform mixture and moisture content. 1. First Mixing: Thoroughly mix soil and lime to required depth, using approved pulver-type road mixer. Mix until homogeneous, friable mixture of lime and soil is obtained, free of clods or lumps. Add water by sprinkling until proper moisture content is obtained, then cure from 1 to 2 days as required. Keep moist during curing period prior to final mix. 2. Final Mixing: Uniformly mix, after proper curing, using approved pulver-type road mixer. Reduce all clods and lumps by pulverization methods such that, when all non-slaking aggregates (sound or firm particles) retained on 3/4-inch sieve are removed, remainder of material meets following requirements when tested dry by laboratory sieves: Percent Minimum Passing 13/4-inch Sieve 100 Minimum Passing 3/4-inch Sieve 85 Hydrated lime exposed to open air for period of 6 hours or more, or to excessive loss due to washing or blowing between time of application and mixing, will not be accepted for payment. 3. Required amount of water necessary to provide optimum moisture to be added uniformly and mixed thoroughly with lime and soil. K3003 - 2/3 Std. 10/13/2005 D. Compaction: Begin compaction immediately after final mixing. Maintain moisture content at or near optimum to achieve compaction. Where total compacted thickness is to be greater than 8 inches, spread and compact material in two or more approximately equal layers. Uniformly compact for entire required depth using approved tamping rollers. Compact treated material in such manner that it will not be mixed with underlying subgrade material. Correct all irregularities or weak spots immediately by replacing material and recompacting. Maintain surface in smooth condition until base course is placed. Acquire density of at least 95 percent as determined by AASHTO Standard Method T-99-81. Use pneumatic-type roller for final surface rolling. Moist-cure completed subgrade section for minimum of 4 days before placing pavement. 3.02 MEASUREMENT AND PAYMENT A. Measurement 1. Measure "Compacted Subgrade" of depth specified when stabilized with lime by the square yard of surface area to a point 2 feet beyond back of curb or edge of pavement. 2. Measure manipulation of lime during stabilization of subgrade by the square yard of subgrade actually stabilized. 3. Measure lime as follows: a. Hydrated Lime: Measure by ton of 2,000 pounds, dry weight. b. Commercial Lime Slurry: Measure by ton of 2,000 pounds of lime "dry solids" in slurry. Calculate quantity of lime from required minimum percent solids for grade used. 1) Grade 1: At least 31 percent by weight of slurry and calculate quantity of lime by ton of 2,000 pounds,based on 31 percent lime content. 2) Grade 2: At least 35 percent by weight of slurry and calculate quantity of lime by ton of 2,000 pounds, based on 35 percent lime content. B. Payment 1. Pay for "Compacted Subgrade" at Contract unit price per square yard of compacted subgrade of depth specified. 2. Pay for"Manipulation of Lime for Stabilized Subgrade"at Contract unit price per square yard of manipulation of lime for stabilized subgrade. 3. Pay for "Lime" at Contract unit price per ton of lime used for stabilizing subgrade. 4. In the event that completion of subgrade is delayed or postponed by adverse weather or wet soil conditions, no separate pay will be made to the Contractor to make the subgrade meet specifications. K3003 - 3/3 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 % 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. 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 K3007 - 1/2 08/03/2004 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. 10/13/2005 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. 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: Retained on Percent by Square Sieve Weight 1-3/4-inch 0 1-inch 5-25 Y2-inch 30-50 No. 4 45-65 No. 40 70-80 Test material passing the No. 40 sieve by following requirements when prepared in accordance with SDHPT Test Method Tex-101-E procedure: Liquid Limit Not To Exceed 40 Plasticity Index Not To Exceed 12 Material to have Wet Ball Mill value not exceeding 55 when tested in accordance with SDHPT Test Tex-116-E. PART 3 —EXECUTION 3.01 CONSTRUCTION METHODS K3015 - 1/3 Std. 10/13/2005 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 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. K3015 - 2/3 Std. 10/13/2005 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 08/03/2004 ITEM NO. K3109 -TRAFFIC AND ZONE MARKING PAINT PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work: This Item governs for pavement marking for roadways, crosswalks, parking lots, and other locations shown on PLANS. B. Work Specified Elsewhere: Striping location, color of paint, and length and width of stripe to be as shown on PLANS. PART 2 - PRODUCTS 2.01 MARKING PAINT Manufacturer: Mobil 18-W-7 white, 18-Y-7 yellow; Pittsburgh 11-3 white, 11-4 yellow. PART 3 - EXECUTION 3.01 MARKING APPLICATION A. Surface Preparation: Surfaces to be thoroughly dry and free from dirt, loose paint, oil, grease, or other contaminants. Remove dust or dirt by scrubbing brush or hosing. Paint only in dry weather. B. Application: Use brush, marking machine, roller, conventional or airless spray equipment. Spray equipment to be clean and free of all other previous paint and solvent to ensure proper application. Paint to be applied per paint manufacturer's recommendations with a minimum of 2.0 dry mil thickness. Traffic to not be allowed on striping until paint is completely dry. 3.02 MEASUREMENT AND PAYMENT No separate payment for work performed under this item. Include cost of same in Contract prices for items of which this work is a component part. K3109 - 1/1 10/13/2005 ITEM NO. K31 14 - CONCRETE CURB AND GUTTER PART 1 - GENERAL 1.01 DESCRIPTION Furnish and install concrete curb and gutter, of cross section shown on PLANS, with or without reinforcing steel on an approved subgrade or foundation in accordance with lines and grades indicated on PLANS PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete: Per Item"Concrete" or Concrete Construction" Class "A". B. Reinforcing Steel: Billet-steel bars, in accordance with ASTM A615-70, Grade 40, unless otherwise specified. C. Premolded Expansion Joint Filler: In accordance with ASTM D1752-67, Type II, unless otherwise specified. D. Membrane Curing Compound: Resin base compound, in accordance with ASTM C309-74, Type I with light red tint of fugitive dye or Type II, white pigmented. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS A. Subgrade or Foundation: Excavate, shape and compact to line, grade, cross section and densities shown on PLANS. Maintain drainage of subgrade or foundation at all times. Test subgrade or foundation with approved template operated and maintained by Contractor. If dry, subgrade to be sprinkled lightly immediately prior to concrete being placed thereon. B Formed Curb and Gutter 1. Setting Forms: Set forms on compacted subgrade or foundation. Outside forms tobe of wood or metal, straight, free of warp and of depth equal to curb and gutter. Forms to be securely staked to line and grade and maintained in true position furing placement of concrete. Inside forms to be of such design to provide curb K3114 - 1/3 10/13/2005 required and to be rigidly attached to outside forms. Mule of proper size and shape may be used in lieu of inside curb forms. 2. Concrete Placement a. Deposit concrete on compacted subgrade or foundation in such manner as to require as little rehandling as possible. b. Curb and gutter to be poured in sections of the lengths indicated on the PLANS. Each section to be separated by premolded joint of cross section specified for curb and gutter and of thickness indicated on PLANS. c. After concrete has been struck off and after it has become sufficiently set, expose surface to be thoroughly worked with wooden float. Exposed edges to be rounded by use of edging tool to radius shown on PLANS. 3. Removing Forms: Leave forms in place for at least 12 hours. Remove without injury to concrete. Point up all exposed honeycombed areas with approved mortar. C. Extruded Curb and Gutter 1. Construct curb and gutter with standard extrusion machine. 2. Maintain top of curb grade from guideline set by Contractor from established survey marks. Unless otherwise specified, top of curb grade to parallel finished roadway surface grade or foundation grade. Continually check top of curb grade by means of gage or pointer attached to machine in such manner that comparison can be made between curb and guideline. 3. Curb and gutter outline to strictly conform to details shown on PLANS. Extruder to be readily adjustable vertically during forward motion of machine to provide required variable height of curb necessary to conform to established gradeline or curb dimensions, gutter depressions, etc. 4. Feed approved mix into machine in such a manner and at such constancy that finished curb and gutter will present well compacted mass with surface free from voids and honeycomb and true to established shape, line, and grade. 5. Perform additional surface finishing specified immediately after extrusion. Construct specified joints to details shown on PLANS D. Expansion Joints: Place expansion joints of material specified where curb and gutter abuts drives, inlets, or other structures, at all curb returns and in all cases, at intervals not exceeding 40 feet in length. E. Mortar Finish: When required on PLANS, surface of curb to plastered with mortar consisting of one part Portland cement and two parts fine aggregate. Mortar to be applied with template made to conform to curb and gutter dimensions as shown on PLANS. All exposed surfaces of curb and gutter to be brushed to smooth uniform surface. K3114 -2/3 10/13/2005 F. Curing: Cure completed curb and gutter with specified membrane curing compound applied in accordance with manufacturer's recommendations. Apply membrane curing compound immediately after completion of all surface finishing and expansion joint installation. G. Backfill: Area behind curb and gutter to be backfilled to full height of concrete tamped and sloped as shown on PLANS. 3.02 Measurement and Payment A. Measure concrete curb and gutter by the linear foot of completed and accepted curb and gutter, complete in place and classified by size or type as indicated on PLANS. B. Pay for work performed and materials furnished as prescribed by this Item and measured as provided above at Contract unit price for "Concrete Curb and Gutter: of the type and size specified, which price to be full compensation for cleaning the subgrade or foundation, furnishing and applying curing compounds, mortar, adhesives, or other material; furnishing and placing reinforcing steel, if required, for placing joints in proper position, and for all manipulations, labor, equipment, appliances,tools, traffic provisions, and incidentals necessary to complete the work. K3114 - 3/3 Std. 08/03/2004 ITEM NO. K3203 - ROADWAY EXCAVATION AND/OR EMBANKMENT (STATION GRADING) PART 1 - GENERAL 1.01 DESCRIPTION This Item governs for required excavation of material and/or embankment construction within limits of road right-of-ways, except for excavation or embankment otherwise classified. Includes excavation, stripping, handling, filling, compaction, disposal, and satisfactory manipulation of excavated materials to required lines, grades, and cross sections. PART 2—PRODUCTS No products required. PART 3—EXECUTION 3.01 CONSTRUCTION METHODS A. Excavation 1. Excavate and grade project within required limits. 2. Utilize suitable excavated materials in constructing required roadway sections. 3. Remove unsuitable soil and replace with satisfactory select material. Dispose of unsuitable or excess material as indicated on PLANS or in Special Provision. 4. Use care in excavating to finished grade. 5. Fill areas cut below designated grade with select material and compact at Contractor's expense. 6. Salvage and stockpile select topsoil where required by PLANS. 7. Shape and compact subgrade to at least 95 percent AASHTO T-99 density before placing base or pavement thereon. Unless otherwise specified, make one density thereon. Unless otherwise specified, make one density test per 300 linear feet of compacted subgrade. 8. Keep areas within limits of project properly drained. B. Embankment 1. Place embankment on properly cleared and prepared areas. 2. Use suitable materials from excavation, borrow, or other designated or approved sources. 3. Use materials free from vegetation, roots, and debris. 4. Scarify or roughen existing sloped areas receiving new embankment. K3203 - 1/3 Std. 08/03/2004 5. Construct embankments across entire fill area. Layers not to exceed 8 inches in thickness prior to compaction. Each layer of fill to be uniform as to material, moisture, and density before compaction, 6. Compact to required density by blading, rolling, and sprinkling. Use mechanical tamps to obtain required density in inaccessible areas. 7. Place embankment at or near optimum moisture and compact to at least 95 percent AASHTO Standard Method T-99-74 density. 8. Unless specified otherwise, make at least one density test per 300 linear feet of embankment. 3.02 MEASUREMENT AND PAYMENT A. Measurement 1. Roadway Excavations and/or Embankment(Station Grading) a. Measure by the station (100 linear feet)along centerline of pavement. b. Where streets intersect, measurement to be from point of intersection of centerlines. c. Measure divided street sections along centerline of each pavement section. No separate measurement for crossovers or left-turn lanes. d. Measure streets ending with cul-de-sacs along centerline of pavement, from centerline of intersecting street to center point of cul-de-sac. 2. Extra Roadway Excavation a. When necessitated by approved field grade change, measure by cubic yard of material measured in its original position, excavated, and disposed of. b. Where approved field grade change lowers or raises proposal PLAN grades, "Extra Roadway Excavation" will be measured from top of original subgrade as per PLAN grades to top of finished new subgrade. c. Width of subgrade to conform to typical sections in PLANS. 3. Extra Roadway Embankment a. When necessitated by approved field grade change, measure by cubic yard of compacted, in-place material. b. Where approved field grade change lowers or raised proposed PLAN grades in fill section, "Extra Roadway Embankment" will be measured from top of original embankment per PLAN grades to top finished new embankment. c. Top width of embankment to conform to typical sections in PLANS. 4. Compacted Subgrade(Including Stripping): Measure by square yard of approved surface area compacted to required depth. B. Payment 1. Pay for "Roadway Excavation and/or Embankment (Station Grading)," "Extra Roadway Excavation," "Extra Roadway Embankment," and "Compacted Subgrade," measured as provided above, at Contract unit price, which price to be full compensation for furnishing all materials, equipment, labor, tools, and K3203 - 2/3 Std. 08/03/2004 incidentals necessary to excavate, fill, and dispose of excess material. All required tests to be paid for by Owner; any retests to be paid for by Contractor. 2. Where approved field grade change reduces or increases amount of cut or fill, a deduction from or addition to the amount paid for "Roadway Excavation and/or Embankment (Station Grading)" will be made. Deduction or addition will be based on unit price bid for "Extra Roadway Embankment" as applicable. Unsuitable subgrade material ordered removed by Engineer to be paid for at the Contract unit price bid per cubic yard for "Extra Roadway Excavation"; replacement with approved, select material to be paid for at the Contract unit price bid for"Extra Roadway Embankment." K3203 - 3/3 Std. 10/13/2005 ITEM NO. K3303 -HOT-MIX ASPHALTIC CONCRETE SURFACING PART 1 - GENERAL 1.01 DESCRIPTION Extent of Work: This Item governs for hot-mix asphaltic concrete surfacing consisting of a base course, a level-up course, a surface course, or any combination of these courses; each course composed of a compacted mixture of aggregate and asphalt cement and constructed on an approved subgrade, a sub-base course, a base course, or in case of a bridge, on prepared floor slab. Construct in accordance with these specifications and in conformity with lines, grades, compacted thickness, and typical cross-sections shown on PLANS or described in preceding Special Provision. 1.02 QUALITY ASSURANCE A. Laboratory density and stability of mixture, when designed and tested in accordance with these specifications and the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition, to be as follows: Density, Percent Stability,Value Min. Max. Optimum At least 35 94.5 97.5 96 B. Provide, at Contractor's expense, laboratory facilities equal to those used at stationary commercial asphalt concrete plants approved by the Engineer. Furnish, operate, and maintain templates, straight edges, scales, and other weighing and measuring devices necessary for proper construction and checking of work. C. Place set of standard platform truck scales at plant and provide with a suitable weight office adjacent to scales for use of truck weigher. Scales must be accurate to within 4 pounds per 1,000 pounds total load. PART 2 - PRODUCTS 2.01 MATERIALS A. Mineral Aggregate: Composed of a coarse aggregate, a fine aggregate, and a mineral filler, and if approved by Engineer, a suitable mineral admixture which may include reclaimed asphalt pavement (RAP). Exact proportion of admixture, if approved, to be determined by Engineer. Submit samples of coarse aggregate, fine aggregate, and mineral filler and test in accordance with prescribed methods. Approval of both materials and source of supply must be obtained prior to delivery of any material. B. Coarse Aggregate: Consists of slag, limestone, or a mixture thereof as hereinafter specified, of uniform quality throughout and free from dirt, organic, or other injurious K3303 - 1/7 Std. 10/13/2005 matter occurring either freely in material or as a coating on aggregate. Abrasion of slag or limestone from which coarse aggregate is made of not more than 35 when subjected to Los Angeles Abrasion Test. C. Fine Aggregate: Consists of sand or a combination of sand and stone, or slag screenings. Sand composed of sound, durable stone particles, free from loam or other injurious foreign matter. Screenings of same or similar materials as specified for coarse aggregate. Sand or combination of sand and screenings to meet the following requirements when tested by standard laboratory methods: Percent by Weight Passing a No. 3/8 Sieve 100% Passing a No. 10 Sieve 70-100% Passing a No. 200 Sieve 0-15% The plasticity index of that part of the fine aggregate passing the No. 40 sieve to be not more than 6. D. Mineral Filler: Consists of thoroughly dry stone dust, Portland cement, lime, flyash or other mineral dust approved by the Engineer. The material shall be free from foreign matter. Meet the following grading requirements when tested by standard laboratory methods: Percent by Weight or Volume Passing a No. 30 Sieve 95-100% Passing a No. 80 Sieve-not less than 75% Passing a No. 200 Sieve-not less than 55% E. Asphalt: Grade of asphalt as designated by Engineer. If more than one type of asphaltic concrete mixture is specified for project, only one grade of asphalt will be required for all types of mixtures. 1. Asphaltic materials, including tack coat, to meet requirements of the Item, "Asphalt, Oils and Emulsions", of the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition. F. Paving Mixture: To consist of a uniform mixture of coarse aggregate, fine aggregate, asphaltic material, and mineral filler, if required. 1. Grading of each constituent such as to produce, when properly proportioned, a mixture conforming to limitations for grading for type specified. Exact proportions of each constituent producing total aggregate within these limits to be as directed, and to conform to the requirements of Article 340.3, "Paving Mixtures", of the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition. K3303 -2/7 Std. 10/13/2005 2.02 PROPORTIONING AND MIXING A. Proportions of various materials entering into asphaltic mixture as directed and in accordance with these specifications. Engineer, or his authorized representative, to have access at any time to all parts of paving plant. Use satisfactory equipment and construction methods as hereinafter specified. B. Store or stockpile separately various sizes of mineral aggregate as received. Feed various sizes of mineral aggregate to dryer by means of mechanical device that will give a uniform and constant feed of each size incorporated to control temperature and grading of mineral aggregate. C. Dry mineral aggregate in such manner that finer particles will not escape with furnace gases. Heat aggregate in a suitable apparatus which provides continuous agitation during heating. Provide efficient and positive control of temperature so that aggregate is not damaged and mixture produced has a temperature between 250° F and 375° F. Provide recording thermometer which will record temperature of aggregate as it leaves dryer. Equip recording thermometer with a double-pen in order to record both temperature of rock and temperature of asphalt incorporated in batch. Record temperatures on 24-hour charts. Furnish dryer or dryers of sufficient size to dry and heat amount of aggregate required to keep plant in continuous operation. D. Bin sizes and screening capacity sufficient to screen and store amount of aggregate required to properly operate plant and keep plant in continuous operation at full capacity. Bins to contain sizes of aggregate as specified in Article 340.4, "Equipment", Subarticle, "Screening and Proportioning", of the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition. 1. Provide bins with tight cut-off gates so that there is no leakage of mineral aggregate or mineral filler into weigh box. 2. Weigh box for mineral aggregate of sufficient capacity to hold a complete batch of aggregate and mineral filler without wasting or leveling by hand, and so designed with opening in top that, if in charging, an excess of one size of mineral aggregate is introduced into box, it may be removed by operator. 3. Provide weigh box with a close fitting and quick operating cut-off gate so that there is no leakage of mineral aggregate into mixer. E. Scales: Scales for weighing mineral aggregate and asphaltic material shall equal the weighing equipment used at stationary commercial asphaltic concrete plants as approved by the Engineer. 1. Scales of multi-beam type to have sufficient weighing beams to weight each grade of aggregate separately and also filter dust separately. 2. Furnish scales with tare beam for balancing. K3303 - 3/7 Std. 10/13/2005 3. Equip beam scales with a tell-tale dial indicator of springless dial type indicating over and under load of at least 50 pounds. Scales that are not accurate within 4 pounds per 1,000 pounds net load will be considered unsatisfactory. 4. In case vibration of plant interferes with accurate weighing, insulate scales satisfactorily against shock or vibration. F. Provide ample asphalt cement storage to meet requirements of Plans. Heat asphalt cement in storage by steam coils, absolutely tight to prevent leakage of moisture into asphalt. Temperature of steam for heating not in excess of 400° F. No direct fire heating of asphalt permitted. Agitation of asphalt with steam or air not permitted. 1. Provide steam heating system of type and capacity as to insure maintaining asphalt cement at a uniform draw-off temperature at asphalt cement bucket of between 275° F to 375° F. Maintain temperature with an efficient and positive control of heat at all times. Any asphalt cement heated above 375° F, either before or during mixing with mineral aggregate,will be rejected. 2. Use quick cut-off type draw-off valve at asphalt cement bucket that will not leak any asphalt into bucket after required weight of asphalt cement has been drawn. Asphalt supply line of circulating type, and equipped with recording thermometer indicating temperature of asphalt at draw-off valve. Recording thermometer may be combined with recording thermometer used in recording temperature of aggregate by using a double-pen recorder. 3. Asphalt cement weigh bucket of type from which asphalt will flow into mixer for approximately full width of mixer so as not to deposit asphalt cement in one place in mixer. Scales for weighing asphaltic cement of springless dial type arranged for quick adjustment at zero to provide for change in tare. Provide pointer to indicate weight of asphalt cement required in one batch. G. Mixer of twin-pug-mill type and capacity of not less than 3,000 pounds in single batch. Number and position of blades such as to give a uniform and complete circulation of batch in mixer from center to four ends of mixer arms and back to center. Mixers which tend to segregate mineral aggregate or fail to secure thorough and uniform mixing with asphalt cement and filler dust will not be used. Determination of thorough and uniform mixing will be made by mixing standard batch for required time and then dumping batch and taking samples from different parts of batch. Samples will be tested by extraction test and must show that batch is uniform throughout,or otherwise mixer will be rejected. 1. Provide mixers with an automatic time lock on discharge gates of mixer and weight box and lock for a period of 45 seconds after all of mineral aggregate has been introduced into mixer. 2. When discharged, mixture to have a temperature of 300° F to 375° F. 3. Dump door or doors of mixer to be tight to dry mineral aggregate or dust so that there is no spilling from pug mill. K3303 -4/7 Std. 10/13/2005 4. In introducing batch into mixer, introduce mineral aggregate first,then thoroughly mix for a period of five to ten seconds before asphaltic cement is added. 5. Continue mixing for required time, or longer if necessary, to produce a mixture of uniform consistency. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS A. General 1. Construct pavement on previously completed and approved subgrade, base, existing pavement, bituminous surface or in case of a bridge, on prepared floor slab. 2. Place no asphaltic mixture or tack coat when air temperature is below 50° F and is falling. Asphaltic mixture or tack coat may be placed after air temperature is above 40° F and is rising, provided temperature is taken in shade away from artificial heat. Place no asphaltic mixture or tack coat when weather conditions, in opinion of Engineer, are unsuitable. B. Tack Coat: Thoroughly clean surface of base or surface of concrete bridge, as applicable, by brooming with wire brushes before asphaltic surface mixture is laid. When tack coat is shown, or if directed, give base an application of cut-back asphalt applied as directed with an approved sprayer and at rate not to exceed 0.05 gallon residual asphalt per square yard of surface. Cut-back asphalt as specified under Article 2.01, Paragraph E, or made by combining 50 percent of asphaltic material as specified and 50 percent gasoline. C. Laying Materials 1. Haul asphaltic concrete mixture, heated and prepared as specified, to site of work in tight vehicles previously cleaned of all foreign materials and, if considered necessary, covered with canvas of sufficient size to protect entire load. Arrange dispatching of vehicle so that all material delivered may be placed and receive its initial rolling in daylight. Lay mixture only on an approved base course, which has been tack coated as previously specified and free from all foreign materials. Paint contact surfaces of curbs and structures and all joints with thin uniform coating of cut-back or emulsified asphalt as required for tack coating. Lay mixture at temperature of 250° F to 375° F and spread and compact, using an approved finishing machine. Use finishing machine capable of producing finished surface that conforms to required typical sections and surface tests. Areas not accessible for finishing machine may be hand spread and shaped when approved. K3303 - 5/7 Std. 10/13/2005 2. Use approved finishing machine of screeding and troweling type. If necessary, use forms adequate to control lateral thrust due to rolling. If a finishing machine designed to run on forms is used, operate it on header curb, steel forms, or rigid steel faced forms approved by Engineer. Set forms to line and grade. 3. Oil or saturated solution of hydrated lime may be used for lubricating shovels and trucks to facilitate handling of asphaltic materials. Use of an excessive amount of either material is not permitted. 4. Adjacent to flush curbs, gutters, liners, and structures, finish mix uniformly high so that when compacted it will be slightly above edge of curb or flush structure. 5. When Plans require application of a non-skid surface of asphaltic concrete pavement, spread Type "B", Type "C", Type "D" or Type "E" mix, as specified, so that after lightly rolling, it has a finished thickness of approximately 3/8 inch less than completed thickness of pavement shown. After this course has been laid, spread mixture specified as Type "F" with sufficient thickness so that, after receiving ultimate compression, compacted pavement complies with requirements of typical cross-sections shown, but in no case will weight of Type "F"mixture be less than 35 pounds nor more than 50 pounds per square yard of surfacing. 6. While still hot, and as soon as it will bear roller without undue displacement or hair cracking, compress surface thoroughly and uniformly with an acceptable power-driven 3-wheel roller weighing not less than 10 tons. Weight on two rear wheels of roller obtained by power-driven tandem roller weighing not less than eight tons. a. Start rolling longitudinally at sides and proceed toward center of pavement, overlapping on successive trips by at least one-half of width of rear wheels. Alternate trips of roller to be slightly different in length. If necessary, subject pavement to diagonal rolling in each direction with tandem roller; second diagonal crossing lines of first. If width of pavement permits, roll at right angles to center line. b. Continue rolling until no further compression can be obtained and roller marks are eliminated, and at rate of not more than 20 tons of mixture per hour for each roller used. c. Motion of roller to be slow enough to avoid displacement of hot mixture. Correct any displacement occurring as a result of reversing direction of roller, or any other cause, by use of rakes and of fresh mixture where required. Roller must not stand on completed pavement which has not cooled to normal atmospheric temperature. To prevent adhesion of surfacing mixture to roller, keep wheels moistened with water; but an excess of water will not be permitted. 7. Along curbs, headers, and similar structures, and at places not accessible to roller, or in such positions as will not allow thorough compaction with roller, compact mixture thoroughly with lightly oiled tamps. K3303 - 6/7 Std. 10/13/2005 8. Surface of pavement after compression to be smooth and true and conform to line, grade and typical cross-sections shown. No deviation in excess of 1/8 inch per foot from nearest point of contact when surface is tested with a standard 10-foot straight-edge laid parallel to center line of roadway. Maximum ordinate measured from face of straight-edge not in excess of 1/4 inch at any point. Immediately correct any areas of surface not meeting these requirements. a. Roll mixtures until course is unyielding and true to established grade and cross-section. 9. Place surface course as nearly continuous as possible. Allow roller to pass over unprotected end of freshly laid mixture only when laying of course is discontinued for such length of time as to permit mixture to become chilled. In such cases, when work is resumed, material laid must be either cut back so as to produce a slightly beveled edge for full thickness of course or make a suitable lap joint. a. Remove old material which has been cut away and lay new mix against fresh cut. If desired, a stout rope may be stretched across pavement where joint is to be made. When work is resumed, cut materials laid back to rope. Remove altogether with surplus material, and lay fresh mix against joint thus formed. b. Hot smoothing irons may be used for sealing joints, but in such cases, exercise extreme care to avoid burning surface. 10. Except in an emergency, or where shown, open no portion of finished wearing course to traffic until twelve hours after completion of rolling. 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure work covered by this Item by ton of 2,000 pounds. Measurement by weight will be made on truck scales as previously specified. 1. Records will be kept on tare load, total load, and net load of asphaltic concrete for each load of same. 2. Measure cut-back or emulsified asphalt used in tack coat by gallon of material actually used on street for this purpose. Measurement taken at point of delivery on street. B. Payment: This Item, measured as provided above, will be paid for at unit contract price bid per ton as set forth in PLANS and PROPOSAL for "Hot Mix Asphaltic Concrete Surfacing", which price will be full compensation for quarrying, furnishing all materials, for all heating, mixing, hauling, placing asphaltic mixture, rolling and finishing, for all labor, tools, equipment, and incidentals necessary to complete the work, except work and materials involved in application of tack coats. 1. Work and materials incident to application of tack coats performed and measured as prescribed above will be paid for at contract unit price bid per gallon for"Tack Coat', which price will be full compensation for preparation of existing base course or pavement, furnishing all materials, all hauling, heating, manipulation, and for all labor, tools, equipment, and incidentals necessary to satisfactorily apply tack coats. K3303 - 7/7 APPENDIX "A" SECTION 3 MONTHLY COMPLIANCE REPORT ORAL � ��0 ��rq�o Texas General Land Office a Community Development Block Grant(CDBG) W .. ;i: Disaster Recovery Program r U: m f i ''4J 830 4a�5Xf0‘ NEW HIRES SECTION 3 MONTHTLY COMPLIANCE REPORT Reporting Month: Economic Opportunities for Low and Very Low-Income Persons This form is distributed to the General Contractor(GC)at the Pre-Construction Meeting.GC is also required to provide this form to any subcontractor firms that they anticipate hiring for this project. CONTRACTOR INFORMATION Name of Business: Address of Business: Authorized Representative for this contract: Authorized Signatory: ADDITIONALLY, PLEASE REVIEW AND COMPLY WITH STEPS 1 - 3 BELOW: 1. You must sign and date this form for the each applicable reporting month in connection with awarded project and deliver to: 2. When you hire a Section 3 resident in connection with this project,you must also complete this form and submit it to the Section 3 Coordinator identified above. Even if there were no new hires this form must be completed and submitted to the Section 3 Coordinator identified above. ❑ I have not hired any new employees during the reporting Month specified. I have hired Section 3 employess and/or non-Section 3 employees during the reporting month shown here. The following is a list of the new hires and the trades: New Hire Name Job CategorylTrade Full-time?Yes or No 1. 2. 3. 4. Appendix G I have taken one or more of the following recruitment steps to hire a Section 3 Resident with the highest training and employment priority ranking. Provide a brief description of actions taken: I have taken steps to find a Section 3 Resident in the applicable targeted areas where the project(s)/assistance will take place. List areas: ❑ Placed signs or posters at prominent places in each of the above listed areas. Photographs were taken to document this action. i have advertised to fill vacancy(ies)at the site(s),where work is taking place, in connection with this project. List advertisements(name publication,e.g.Work in Texas,Houston Chronicle, and/or website(s): ❑ Distributed employment flyers to the administrative office of the local Public Housing Authority, ❑ Provided notice of positions available to the Texas Workforce Commission for potential applicants.Provide copy of notice. ❑ Contacted employment referrals or Youthbuild Program referrals. List contacts: Contacted with applicable parties to ensure that any HUD Youthbuild programs currently operating in the project(s)area/ assistance will take place. ❑ Kept a log of all applicants and indicate the reasons why Section 3 Residents who applied were not hired. ❑ Retained copies of any employment applications completed by public housing,Section 8 certificate or voucher holders or other Section 3 Residents. ❑ Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker representatives with whom our firm has a collective bargaining or other agreement. 3. Verification ❑ I have attached proof of all checked items. Authorized Name and Signature Date/Time Field Text Attested By: Appendix A APPENDIX "B" ATTORNEY'S REVIEW CERTIFICATION ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Date: Print Attorney's Name: 2009 TxCDBG Project Implementation Manual Appendix K Appendix B APPENDIX "C" REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: , 20 MONTH OF: , 20 CITY of PORT ARTHUR, TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR, TEXAS 77641-1089 ATTENTION: DEPARTMENT OF PUBLIC WORKS Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified (list dates actually lost: do not include days not normally worked such as Saturdays, Sundays, or holidays): Dates Lost: Days Lost( )/ 5 x 7+ Calendar Days Requested Reasons for Request: Contractor By: Approved for extension of calendar days. Disapproved. Date: , 20 CITY OF CITY OF PORT ARTHUR, TEXAS BY: City Manager Distribution by City Original: Public Works Department xc: Engineer Contractor CPA Federally Funded APPENDIX "D" GEOTECHNICAL REPORT IE E E Aelf NGINEERING,S C NC ENG LTD. GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING L GEOTEGHNICAL INVESTIGATION FOR 18TH STEET RECONSTRUCTION IN PORT ARTHUR,TEXAS REPORT NUMBER: 12223 Revised October 23,2012 REPORTED TO: CITY OF PORT ARTHUR C/O ARCENEAUX & GATES 3501 TURTLE CREEK DRIVE, SUITE 102 PORT ARTHUR,TEXAS 77642 OCTOBER 2012 PREPARED BY: SCIENCE ENGINEERING, LTD. P.O. Box 2048 /Nederland, Texas 77627 /Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com GEOTECHNICAL INVESTIGATION 18TH Street Reconstruction Port Arthur,Texas INTRODUCTION The study reported herein is an investigation of subsurface conditions for the 18th Street Reconstruction and Drainage Improvements in the City of Port Arthur, Texas. AUTHORIZATION This investigation was authorized by Mr. Keestan Cole on September 24, 2012. SUBSURFACE EXPLORATION The subsurface exploration at the site was accomplished by means of nine (9) undisturbed sample core borings drilled varying from five to ten (5-10) feet below existing ground surface. Approximate locations of the borings were flagged in the company of Mr. Keestan Cole with Arceneaux & Gates as shown on attached boring plan. SUBSURFACE INVESTIGATION The subsurface investigation consisted of drilling three-inch (3") nominal diameter core borings. Undisturbed samples of the cohesive soils were obtained from the borings by means of thin-wall, seamless steel Shelby tube samplers, in accordance with the ASTM D-1587 method. The shear strength of the cohesive soil samples was estimated by hand pentrometer in the field. All undisturbed samples were extracted mechanically from the core barrels in the field, classified, wrapped in aluminum foil, and sealed in airtight plastic bags to prevent moisture loss and disturbance. The samples were transported to our laboratory for testing and further study. LABORATORY INVESTIGATIONS All samples from borings were examined and classified in the laboratory by a soil engineer, according to.procedures outlined in ASTM D-2488. Laboratory tests were performed on selected soil samples in order to evaluate the engineering properties of the soil in accordance with the indicated standard procedures. 2 LABORATORY TESTS STANDARD TESTS Atterberg Limits (L.L., P.L., P.I.) ASTM D-4318 Soil Moisture Content ASTM D-2216 Unconfined Compressive Strength ASTM D-2166 Soils Classification ASTM D-2487 Undrained shear strength of selected cohesive soils was determined by unconfined compression tests. Water content and dry unit weight of the foundation soils were determined as routine parts of the unconfined compression tests. Atterberg limits tests were performed on appropriate cohesive samples. The results of these tests are shown on the attached boring logs. SUBSURFACE CONDITIONS Specific types and depths of subsurface strata encountered on the site are shown on the attached boring logs. Review of the boring logs indicates that generalized stratography is approximately as follows: Stratum No. Avg. Depth, feet Description of Strata I 0.00 - 0.17 Asphalt II 0.17 - 0.86 Base III 0.86 - 10.00 Dark Gray, Gray and Tan CLAY (CH) The near surface soils are "CH" type soils when classified by the unified soils classification system. This type soil normally exhibits high swell potential during seasonal moisture variations. GROUNDWATER Hydrostatic water was not encountered at the time of drilling. CONSTRUCTION VARIATIONS The information contained in this report summarizes conditions found on the date that the borings were drilled. The depth to the static water table may be expected to vary with the environmental variations, such as frequency and magnitude of precipitation and the time of year that construction begins. TRENCHING AND SHORING Recommendations for excavations and trenching contained herein are in accordance with proposed Occupational Safety and Health Administration (OSHA) Revisions to 29 CFR Part 1926, Sub-part P, published in Federal Register 3 (OSHA) Revisions to 29 CFR Part 1926,Sub-part P, published in Federal Register Vol. 54. The proposed changes permit excavations in deeper than five (5) feet with: (a) safe inclined sides or, (b) vertical sides supported by a shoring system. Maximum slopes permitted by the proposed standards depend on the soil classification and its characteristics. Within the area of these borings, the soils encountered from existing ground surface to a depth of ten (10) feet are Clay "CH" type soils. The unconfined compressive strengths for Strata III fall within a range of 0.50 to 2.80 tons per square foot (TSF). Such soils are classified as Type "B" by OSHA Standards where excavations extend below the ground water table into strata which are not dewatered, the soils are also classified as Type "C." Table B-1 of the OSHA Standard requires a minimum slope of one (1) horizontal to one (1) vertical, for Type "B" soils, or one and one-half (1.5) Horizontal to one (1) Vertical per Type "C." If vertical retention systems are utilized, they should be designed for a lateral pressure equivalent to a fluid pressure of 58 pounds per cubic foot. PAVING DESIGN Based on the results of the field borings and laboratory tests, the following sections may be considered for use in new paving. Economics should dictate • which section is utilized by the Structural Engineer. PORTLAND CEMENT CONCRETE PAVEMENT Concrete paving may be constructed using a Portland Cement Reinforced Concrete Pavement. Eight-inch (8") concrete over eight-inch (8") lime stabilized sub-grade should be considered. In order to control vertical displacement and resulting cracking, which may occur due to potential swelling of the surface clays, it is recommended that the subgrade beneath the concrete pavement be stabilized by hydrated lime. Subgrade preparation should consist of removing all existing asphalt and base. Then scarify the subgrade to a depth of eight (8) inches and stabilize with ten to twelve (10-12) percent of hydrated lime by dry unit weight and is usually sufficient for similar clay soils; however, the actual lime quality needed to stabilize on-site clays should be determined prior to construction. The soil-lime mixture should be compacted to a minimum of 95% of Standard Proctor Density (ASTM D-698). 4 Lime stabilization should conform to Texas Highway Department 2004 Standard Specifications Item 260, which describes material and construction methods for lime treatment of materials in place. ASPHALTIC CONCRETE The following sections are recommended for use at the site if asphaltic concrete is used: Vehicle Type Pavement Traffic Asphaltic Concrete 2.0" Limestone Base 12.0" Lime Stabilized Subgrade 8.0" Subgrade preparation should consist of removing all existing asphalt and base. Then scarify the subgrade to a depth of eight (8) inches and stabilize with ten to twelve(10-12) percent of hydrated lime. The soil-lime mixture should be compacted to a minimum of 95% of Standard Proctor Density (ASTM D-698). Lime stabilization should conform to Texas Highway Department 2004 Standard Specification Item 260, which.describes material and construction methods for treatment of materials in place. The base material should be compacted to 95% of the maximum dry unit weight as obtained in the laboratory by means of the ASTM D-1557 Procedure. The compacted limestone base should then be primed with 0.20 gallons per square yard of MC-1 cut back asphalt. Hot mix asphalt concrete should be placed in accordance with the Texas Highway Department Item 340 Type D Modified, which describes materials, gradation and construction methods for Hot Mix Asphaltic Pavement. SITE PREPARATION In order to remedy construction problems, which may develop if attempts are made to work the surface materials following prolonged periods of rainfall which are common to this area, it is recommended that prior to starting any work at the site that proper construction drainage is to be provided to maintain a relatively dry construction site. (Use a minimum slope of 5% within 10 feet of the foundation). 5 LIMITATIONS The conclusions and recommendations given in this report are based on the analysis of the data collected for this project. Additive conclusions or recommendations made from this data by others are their responsibility. Our study is based on the data obtained from soil borings made at the locations shown on boring plan. The nature and extent of variations between borings may become evident during construction. We should be requested to observe exposed conditions. After making these observations, and noting the engineering significance of variations, we will advise you of any changes in recommendations believed appropriate. We appreciate this opportunity to provide our services to this project. Please let us know if you require additional information. Thank you. Respectfully submitted for the firm, TBPE Registration No.4060 i . t AS : kr r i Y(7USEF RAh1�fAH1 f '�66273 f irttatiOSIrr Yousef Rahmani,P.E. President Enclosures: Boring Logs 1 - 9 Soils Classification Copies: 2 - Client 1 -SEL File 12223 YR/mr 6 s (.? SCIENCE ENGINEERING, LTD. „„ ,l' , GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING E ' `L Report Number 12223 Jr c :Q !B-8 Lit1 i1! i B 6 II1 • Il TI o� , i 1 .4 [! i]i No ——l Uf' !II. I • • 1 r . ,, r. _- 1 ....,. .. C:11.. :1. ir.— ' . i -' li �'I �� • ; -- ��}} B-2f , :� � �� . � [i a ii , Il .0 H. B7 Il iB-4 A .i.� _A l rl `j ' II i LIii .. . III III J Y� JL Iii i 6B-5', i B-9 iI 'Ti I TI . (N 't L El p 1 �; B3- Il IA n . �� 18TH STREET RECONSTRUCTION PORT ARTHUR, TEXAS BORING PLAN OCTOBER 2012 NOT TO SCALE P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com s� SCIENCE ENGINEERING, LTD. GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING S E ' .x LJ LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 Boring Number: B-1 Date of Report: 10/17/2012 Location: See Boring Plan _ Date of Boring: 10/04/2012 Dry Auger: 0 to 5 Feet Authorization: Mr. Keetsan Cole SHEAR STRENGTH 0 � A - STRATUM DESCRIPTION L w 0 m a r w Z O a vi A U in F, 0 w w p Q c V $c`i w w O Z CI a a �, a ; w o z g 3 a a a cv a. 2 a g VO 1.5"Asphalt and 10" Base Dark Gray CLAY 58 21 37 _tan and gray 29 90 77 23 54 0.65 0.50 CH 5 Bottom at 5 feet 1. Water was not encountered during drilling. 2. Bore hole was dry upon completion. P.O. Box 2048 / Nederland, Texas 77627 /Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com ,-\. s` SCIENCE ENGINEERING, LTD. ',---.,. ,.,:,,c--- \ GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING E _ L LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 _ Boring Number: B-2 Date of Report: 10/17/2012 _ Location: See Boring Plan Date of Boring: 10/04/2012 _ Dry Auger: 0 to 10 Feet Authorization: Mr. Keetsan Cole SHEAR STRENGTH F. U W 0 z o w Z x 0 47 w F. STRATUM DESCRIPTION z 04 ,. g a 0 W x Gy O .a `1 E' it 4 H 4 ° ..1 0 g g 5 H z A 1 U p ,-, °0. a ,1 a n o Q R PL.' — li_e ` 2.5"Asphalt and 11"Base Mil 50 21 29 Dark Gray CLAY _-_____= _tan and gray 16 110 55 16 39 1.50 1.40 _ 5 26 95 92 23 69 0.75 0.80 MI 19 106 71 20 21 1.50 1.00 CH 20 105 72 18 54 1.50 1.10 — 10— _ ._.._...�-.._.------•--- ��� _ Bottom at 10 Feet _Mil—___M_ MI _ _ 1. Water was not encountered _ _ during drilling. MN I _ _ 2. Bore hole was dry upon ___—__ completion. _--___M_11111 11.1. MI __ MI IIII = MI Mil MI 11111 El MI MI P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com S' C\ SCIENCE ENGINEERING, LTD. -- J, - GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING •E _ Lam` LOG OF BORING Project: 18th Street Reconstruct-ion Port Arthur,Texas Project No: 12223 Boring Number: B-3 Date of Report: 10/17/2012 Location: See Boring Plan Date of Boring: 10/04/2012 Dry Auger: 0 to 5 Feet Authorization: Mr.Keetsan Cole SHEAR STRENGTH c I-.z a a I-, STRATUM DESCRIPTION g W 7) x P4 - w LV Z a CJ U F v) 0 u, `n o oo a w A 2 �d w 8 �a. ZO R z 0 U) " `m 3 A - a 04 p. w z R a V 6 ° H - 2"Asphalt and 3"Base Dark Gray CLAY 69 24 45 tan and gray 28 93 89 25 64 1.50 0.70 — CH Bottom at 5 feet ~ 1. Water was not encountered — _ during drilling. _ _ 2. Bore hole was dry upon completion. t_ _ • — .� . P.O. Box 2048 / Nederland, Texas 77627 /Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com SCIENCE ENGINEERING, LTD. � = \ GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING E : L\ LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 Boring Number: B-4 Date of Report: 10/17/2012 Location: See Boring Plan Date of Boring: 10/04/2012 Dry Auger: 0 to 5 Feet Authorization: Mr. Keetsan Cole SHEAR STRENGTH W U ? Z w 8 w Z w STRATUM DESCRIPTION H �". o w rni Q' v � c w" F- O W 3 U O� w Cz 7 ¢ W d o w z o A :a e a. c, z a c. ` u cFn 3" Asphalt and 10"Base Dark Gray CLAY 59 22 37 _tan and gray 27 90 64 23 41 0.50 0.30 CH 5 Bottom at 5 feet 1. Water was not encountered during drilling. _ 2. Bore hole was dry upon completion. P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com ,:. SCIENCE ENGINEERING, LTD. GEOTECHNICAL ENVIRONMENTAL, MATERIALS TESTING •E L LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 Boring Number: B-5 Date of Report: 10/17/2012 Location: See Boring PIan Date of Boring: 10/04/2012 Dry Auger: 0 to 5 Feet Authorization: Mr.Keetsan Cole SHEAR STRENGTH F U W 0 a z - x w STRATUM DESCRIPTION F g A H o - _ Z H w O d 00,' Q . a g U Z u 0U wcC A vr, a� 3 A .1 i~ w a 2 ° ow c,a Ov 1.5"Asphalt and 6" Base Dark Gray CLAY 73 28 45 28 85 64 18 46 0.25 0.20 CH _ 5 _ Bottom at 5 feet _ _ 1. Water was not encountered during drilling. 2. Bore hole was dry upon completion. - 1 — P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com i s SCIENCE ENGINEERING, LTD. GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING E L J` LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 Boring Number: B-6 Date of Report: 10/17/2012 Location: See Boring PIan Date of Boring: 10/04/2012 Dry Auger: 0 to 10 Feet Authorization: Mr.Keetsan Cole SHEAR STRENGTH U 0 fed F itl E STRATUM DESCRIPTION H a w aw, o z u `" y w d d 4 o v z Q c 3 _ ■ 5: , a ?r z a a 11-13 v �a a t '1 2 5"Asphalt and 8.5" Base -,/ 89 26 63 Dark Gray CLAY _gray and tan 23 89 74 20 , 54 0.25 0.25 • 27 91 54 17 37 0.25 0.26 _tan and gray 104 27 93 r 71 21 50 0.25 0.30 CH 24 99 74 21 53 1.00 0.70 10 Bottom at 10 Feet 1. Water was not encountered during drilling. 2. Bore hole was dry upon completion. • P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com s SCIENCE ENGINEERING, I_4TD. 10 f - GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING et LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 Boring Number: B-7 Date of Report: 10/17/2012 Location: See Boring Plan Date of Boring: 10/04/2012 — Dry Auger: 0 to 5 Feet Authorization: Mr.Keetsan Cole SHEAR STRENGTH 0 w 0 0 a 0 z iii 64 64 E R. STRATUM DESCRIPTION fi t. ¢ w Q '' x w w t u z ,.-- u u m a a i' aa 0 o E A a ch v) u g wino w 0 U) 0 00a 0 a _ a a - cw. z a p uu 1 A3"Asphalt and 9' Base i Dark Gray CLAY 83 31 52 42 77 73 20 53 a25 0.30 CH — Bottom at 5 feet i 1. Water was not encountered — during drilling. _ _ 2. Bore hole was dry upon completion. ■ ■ L I P.O. Box 2048 /Nederland, Texas 77627 /Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com ` c- SCIENCE ENGINEERING, LTD. E 1- L GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 Boring Number: B-8 Date of Report: 10/17/2012 Location: See Boring Plan Date of Boring: 10/04/2012 Dry Auger: 0 to 5 Feet Authorization: Mr.Keetsan Cole SHEAR STRENGTH w X U 0 F n z w a STRATUM DESCRIPTION Fi >w 5 A > H w O m p.. W Z w w P. O -wa cn U w - V U [- 7 O u. pl P. w 5 E" E t ZO z G cn CO o 3 A , a a E P. Z R. a H OU j • 1"Asphalt and 24" Base Dark Gray CLAY 77 19 58 _tan and gray 33 87 102 30 72 0.75 0.40 Al CH 5 — Bottom at 5 feet 1. Water was not encountered during drilling. 2. Bore hole was dry upon completion. — ■ 1 _ L 1 _ P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com S SCIENCE ENGINEERING LTD. GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING •E s ;; �L :JJ LOG OF BORING Project: 18th Street Reconstruction Port Arthur,Texas Project No: 12223 _ Boring Number: B-9 Date of Report: 10/17/2012 Location: See Boring PIan Date of Boring: 10/04/2012 Dry Auger: 0 to 10 Feet Authorization: Mr. Keetsan Cole SHEAR STRENGTH a z U W a� 0 E STRATUM DESCRIPTION 2 g a. � g `� � a � � y � 1-' w p Fat, 2" Asphalt and 11"Base ��1'y 75 25 50 0.25 — Dark Gray CLAY 32 85 70 27 43 0.25 0.40 _ 5 gray and tan 26 93 54 18 36 0.75 0.30 26 94 72 23 49 0.75 0.50 _ _tan and gray CH 23 99 73 23 50 0.75 0.80 Bottom at 10 Feet 1. Water was not encountered during drilling. 2. Bore hole was dry upon completion. — • - - P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com 7-t. s., ;--� SCIENCE ENGINEERING LTD. 1. t 1 ` GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING KEY TO SOIL CLASSIFICATION AND SYMBOLS SOIL TYPE SAMPLE TYPE Gravel Sand Silt Clay * k N Sandy Silty Clayey Predominant type shown heavy Un- Rock Split No Disturbed Core Spoon Recovery SOIL GRAIN SIZE U.S.Standard Sieve 6" 3" 3/4" 4 10 40 200 Boulders Cobbles Gravel Sand Silt I Clay I Coarse I Fine I Coarse I Medium I Fine 152 76.2 19.1 4.76 2.00 0.420 0.074 0.002 (mm) PLASTICITY CHART 60 50 CH 40 Plasticity 30 Index OH&MH "A" ine 20 CL 10 CL-ML /////// ML& 0 � OL i 0 10 20 30 40 50 60 70 80 90 100 Liquid Limit RELATIVE DENSITY CONSISTENCY OF COHESIVE SOILS OF COHESIONLESS SOILS Penetration Penetration Resistance, Cohesion Plasticity Degree of Resistance, Relative blows per foot Consistency TSF Index Plasticity blows per foot Density 0-2 Very Soft 0-0.125 0-5 None 0-4 Very Loose 2-4 Soft 0.125-0.25 5-10 Low 4-10 Loose 4-8 Firm 0.25- 0.5 10-20 Moderate 10-30 Medium Dense 8 -15 Stiff 0.5-1.0 20-40 Plastic 30-50 Dense 15-30 Very Stiff 1.0-2.0 > 40 Highly Plastic > 50 Very Dense > 30 Hard > 2.0 P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef @science-engineer.com APPENDIX "E" COPELAND ACT REGULATIONS Copeland Act Regulations Title 29 LABOR PART 3-CONTRACTORS AND Subtitle A — Office of the SUBCONTRACTORS ON PUBLIC Secretary of Labor BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. minimum wage provisions of the Davis-Bacon 3.1 Purpose and scope Act and the various statutes dealing with 3.2 Definitions Federally-assisted construction that contain 3.3 Weekly statement with respect to payment similar minimum wage provisions, including of wages those provisions which are not subject to 3.4 Submission of weekly statements and the preservation and inspection of weekly Reorganization Plan No. 14 (e.g., the College payroll records. Housing Act of 1950, the Federal Water 3.5 Payroll deductions permissible without Pollution Control Act, and the Housing Act of application to or approval of the Secretary 1959), and in the enforcement of the overtime of Labor. provisions of the Contract Work Hours 3.6 Payroll deductions permissible with the Standards Act whenever they are applicable to approval of the Secretary of Labor. construction work. The part details the 3.7 Applications for the approval of the obligation of contractors and subcontractors Secretary of Labor relative to the weekly submission of statements 3.8 Action by the Secretary of Labor upon regarding the wages paid on work covered applications. 3.9 Prohibited payroll deductions. thereby; sets forth the circumstances and 3.10 Methods of payment of wages. procedures governing the making of payroll 3.11 Regulations part of contract. deductions from the wages of those employed on such work;and delineates the methods of AUTHORITY: The provisions of this Part 3 payment permissible on such work. issued under R.S. 161, sec. 2, 48 Stat. §48; Reorg. Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Section 3.2 Definitions. Appendix; 5 U.S.C. 301;40 U.S.C. 276c. SOURCE: The provisions of this Part 3 appear As used in the regulations in this part: at 29 F.R. 97, Jan.4, 1964,unless otherwise noted. (a) The terms "building" or 'work" generally include construction activity as Section 3.1 Purpose and Scope. distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. This part prescribes "anti kickback" The terms include, without limitation, buildings, regulations under section 2 of the Act of June structures, and improvements of all types, such 13, 1934, as amended (40 U.S.C. 276c), as bridges, dams, plants, highways, parkways, popularly known as the Copeland Act. This streets, subways, tunnels, sewers, mains, part applies to any contract which is subject to powerlines, pumping stations, railways, Federal wage standards and which is for the airports, terminals, docks, piers, wharves, construction, prosecution, completion, or repair ways, lighthouses, buoys, jetties, breakwaters, of public buildings, public works or buildings or levees, and canals; dredging, shoring, works financed in whole or in scaffolding, drilling, blasting, excavating, part by loans or grants from the United States. clearing, and landscaping. Unless conducted The part is intended to aid in the enforcement in connection with and at the site of such a of the building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State 7-55 agency acquires title to such materials, subsidiary or otherwise, and an officer or agent articles, supplies, or equipment during the of such corporation. course of the manufacture or furnishing, or (g) The term "Federal agency" means owns the materials from which they are the United States, the Di strict of Columbia, and manufactured or furnished) is not a "building" all executive departments, independent or"work"within the meaning of the regulations establishments, administrative agencies, and in this part. instrumentality's of the United States and of (b) The terms "construction," the District of Columbia, including corporations, "prosecution," "completion," or"repair" mean all all or substantially all of the stock of which is types of work done on a particular building or beneficially owned by the U nited States, by the work at the site thereof, including, without District of Columbia, or any of the foregoing limitation, altering, remodeling, painting and departments, establishments, agencies, and decorating, the transporting of materials and instrumentality's. supplies to or from the building or work by the (29 FR 97,Jan.4,1964,as amended at 33 FR 32575,Nov.27, employees of the construction contractor or 1973} construction subcontractor, and the Section 3.3 Weekly statement with manufacturing or furnishing of materials, respect to payment of wages. articles, supplies, or equipment on the site of the building or work, by persons employed at (a) As used in this section, the term the site by the contractor or subcontractor. "employee" shall not apply to persons in (c) The terms "public building" or classifications higher than that of laborer or "public work" include building or work for mechanic and those who are the immediate whose construction, prosecution, completion, supervisors of such employees. or repair, as defined above, a Federal agency (b) Each contractor or subcontractor is a contracting party, regardless of whether engaged in the construction, prosecution, title thereof is in a Federal agency. completion, or repair of any public building or (d) The term "building or work financed public work, or building or work financed in in whole or in part by loans or grants from the whole or in part by loans or grants from the Unites States" includes building or work for United States, shall furnish each week a whose construction, prosecution, completion, statement with respect to the wages paid each or repair, as defined above, payment or part of its employees engaged on work covered by payment is made directly or indirectly from 29 CFR Parts 3 and 5 during the preceding funds provided by loans or grants by a Federal agency. The term includes building or work for weekly payroll period. This statement shall be which the Federal assistance granted is in the executed by the contractor or subcontractor or form of loan guarantees or insurance. by an authorized officer of employee of the (e) Every person paid by a contractor contractor or subcontractor who supervises the or subcontractor in any manner for his labor in payment of wages, and shall be on f orm WH the construction, prosecution, completion, or 348, "Statement of Compliance," or on an repair of a public building or public work or identical form on the back of WH 347, "Payroll building or work financed in whole or in part by (For Contractors Optional Use)"or on any form loans or grants from the United States is with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the "employed" and receiving "wages," regardless of any contractual relationship alleged to exist Government contracting or sponsoring agency, between him and the real employer. and copies of these forms may be purchased at the Government Printing Office. (f) The term "any affiliated person" (c) The requirements of this section includes a spouse, child, parent, or other close shall not apply to any contract of$2,000 o r relative of the contractor or subcontractor; a less. partner or officer of the contractor or (d) Upon a written finding by the head subcontractor; a corporation closely connected of a Federal agency, the Secretary of Labor with the contractor or subcontractor as parent, may provide reasonable limitations, variations, 56 7 tolerances, and exemptions from the (a) Any deduction made in compliance requirements of this section subject to such with the requirements of Federal, State, or conditions as the Secretary of Labor may local law, such as Federal or State withholding specify. income taxes and Federal social security (29 F.R.95,Jan.4,1964,as amended at 33 F.R.10186,July taxes. 17, 1968) (b) Any deduction of sums previously Section 3.4 Submission of weekly paid to the employee as a bona fide statements and the preservation and prepayment of wages when such prepayment inspection of weekly payroll records. is made without discount or interest. A"bona fide prepayment of wages" is considered to (a) Each weekly statement required have been made only when cash or its under§3.3 shall be delivered by the contractor equivalent has been advanced to the person or subcontractor, within seven days after the employed in such manner as to give him regular payment date of the payroll period, to a complete freedom of disposition of the representative of a Federal or State agency in advanced funds. charge at the site of the building or work, or if (c) Any deduction of amounts required there is no representative of a Federal or State by court process to be paid to another, unless, agency at the site of the building or work, the the deduction is in favor of the contractor, statement shall be mailed by the contractor or subcontractor or any affiliated person, or when subcontractor,within such time, to a Federal or collusion or collaboration exists. State agency contracting for or financing the (d) Any deduction constituting a building or work, After such examination and contribution on behalf of the person employed check as may be made, such statement, or a to funds established by the employer or copy thereof, shall be kept available, or shall representatives of em ployees, or both, for the be transmitted together with a report of any purpose of providing either from principal or violation, in accordance with applicable income, or both, medical or hospital care, procedures prescribed by the United States pensions, or annuities on retirement, death Department of Labor. benefits, compensation for injuries, illness, (b) Each contractor or subcontractor accidents, sickness, or disability, or for shall preserve his weekly payroll records for a insurance to provide any of the foregoing, or period of three years from date of completion unemployment benefits, vacation pay, savings of the contract. The payroll records shall set accounts, or similar payments for the benefit of out accurately and completely the name and employees, their families and dependents: address of each laborer and mechanic, his Provided, however, That the following correct classification, rate of pay, daily and standards are met: (1)The deduction is not weekly number of hours worked, deductions otherwise prohibited by law; (2) it is either: (i) made, and actual wages paid. Such payroll Voluntarily consented to by the employee in records shall be made available at all times for writing and in advance of the period in which inspection by the contracting officer or his the work is to be done and such consent is not authorized representative, and by authorized a condition either for the obtaining of or for the representatives of the Department of Labor. continuation of employm ent, or (ii) provided for in a bona fide collective bargai ping agreement Section 3.5 Payroll deductions between the contractor or subcontractor and permissible without application to or representatives of its employees; (3) no profit approval of the Secretary of Labor. or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor Deductions made under the circumstances or or any affiliated person in the form of in the situations described in the paragraphs of commission, dividend, or otherwise; and (4) this section may be made without application the deductions shall serve the convenience to and approval of the Secretary of Labor: and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps 57 7 and Bonds when voluntarily authorized by the such consent is not a condition either for the employee. obtaining of employ ment or its continuance; or (f) Any deduction requested by the (2) provided for in a bona fide collective employee to enable him to repay loans to or to bargaining agreement between the contractor purchase shares in credit unions organized or subcontractor and representatives of its and operated in accordance with Federal and employees. State credit union statutes. (36 F.R.9770,May 28,1971.) (g) Any deduction voluntarily authorized by the employee for the making of Section 3.6 Payroll deductions contributions to governmental or quasi- permissible with the approval of the governmental agencies, such as the American Secretary of Labor. Red Cross. (h) Any deduction voluntarily Any contractor or subcontractor may apply to authorized by the employee for the making of the Secretary of Labor for permission to make contributions to Community Chests, United any deduction not permitted under §3.5. The Givers Funds, and similar charitable Secretary may grant permission whenever he organizations. finds that: (i) Any deductions to pay regular union (a) The contractor, subcontractor, or initiation fees and membership dues, not any affiliated person does not make a profit or including fines or special assessments: benefit directly or indirectly from the deduction Provided, however, That a collective either In the form of a commission, dividend, or bargaining agreement between the contractor otherwise; or subcontractor and representatives of its (b) The deduction is not otherwise employees provides for such deductions and prohibited by law; the deductions are not otherwise prohibited by (c) The deduction is either (1) law. voluntarily consented to by the employee in Q) Any deduction not more than for the writing and in advance of the period in which "reasonable cost" of board, lodging, or other the work is to be done and such consent is not facilities meeting the requirements of section a condition either for the obtaining of 3(m) of the Fair Labor Standards Act of 1938, employment or its continuance, or(2) provided as amended, and Part 531 of this title. When for in a bona fide collective bargaining such a deduction is made the additional agreement between the contractor or records required under§516.27(a) of this title subcontractor and representatives of its shall be kept. employees; and (k) Any deduction for the cost of safety (d) The deduction serves the equipment of nominal value purchased by the convenience and interest of the employee. employee as his own property for his personal protection in his work, such as safety shoes, Section 3.7 Applications for the approval safety glasses, safety gloves, and hard hats, if of the Secretary of Labor. such equipment is not required by law to be furnished by the employer, if such deduction is Any application for the making of payroll not violative of the Fair Labor Standards Act or deductions under§3.6 shall corn ply with the prohibited by other law, if the cost on which the requirements prescribed in the following deduction is based does not exceed the actual paragraphs of this section: cost to the employer where the equipment is (a) The application shall be in writing purchased from him and does not include any and shall be addressed to the Secretary of direct or indirect monetary return to the Labor. employer where the equipment is purchased (b) The application need not identify from a third person, and if the deduction is the contract or contracts under which the work either (1) voluntarily consented to be the in question is to be performed, Permission will employee in writing and in advance of the be given for deductions on all current and period in which the work is to be done and future contracts of the applicant for a period of 58 7 1 year. A renewal of permission to make such Section 3.11 Regulations part of contract. payroll deduction will be granted upon the submission of an application which makes All contracts made with respect to the reference to the original application, recites the construction, prosecution, completion, or repair date of the Secretary of Labor's approval of of any public building or public work or building such deductions, states affirmatively that there or work financed in whole or in part by loans or is continued compliance with the standards set grants from the United States covered by the forth in the provisions of§3.6, and specifies regulations in this part shall expressly bind the any conditions which have change d in regard contractor or subcontractor to comply with to the payroll deductions. such of the regulations in this part as may be (36 F .9770,May 28,1971.) applicable. In this regard, see§5.5(a) of this (c) The application shall state subtitle. affirmatively that there is compliance with the standards set forth in the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shalt include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested ded uction is permissible under provisions of§3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on dem and, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. 59 7 APPENDIX "F" SECTION 3 CLAUSE § 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause(referred to as the section 3 clause): A.The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(section 3).The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. D.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E.The contractor will certify that any vacant employment positions, including training positions,that are filled(1) after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. F.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G.With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract. Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). APPENDIX "G" CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILTIES Name of Prime Contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained. Name Name & Title of Signer(Print or Type) Signature Date Appendix G