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2012-049 RES ACCEPTING BID AND APPROVING NOTICE OF AWARD FOR TDRA CDBG #729599 SEWER SYSTEM MANHOLE IMPROVEMENTS PROJECT IN COP TO B BRAY CONSTRUCTIONRESOLUTION NO. 2012-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND APPROVING A NOTICE OF AWARD FOR THE TDRA CDBG #729599 SEWER SYSTEM MANHOLE IMPROVEMENTS PROJECT IN THE CITY OF PARIS TO B. BRAY CONSTRUCTION, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the TDRA CDBG #729599 Sewer System Manhole Improvements Project in the City of Paris, which bids were received until 3:00 o'clock p.m., Thursday, the 3rd day of May, 2012; and, WHEREAS, the lowest responsible bid providing the best value to the City was received from B. Bray Construction, P.O. Box 6365, Paris, Texas, in the amount of $115,269.00 and the contract should be awarded to B. Bray Construction in accordance with the unit prices bid and the other terms and conditions set out in the bid documents attached hereto as Exhibit "A" and, WHEREAS, the form of the Agreement for such sewer system manhole improvements project, included in Exhibit "A" attached hereto, should in all things be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the $115,269.00 bid of B. Bray Construction, P.O. Box 6365, Paris, Texas, for the TDRA CDBG #729599 Sewer System Manhole Improvements Project in the City of Paris is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for this project is hereby let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents attached hereto as Exhibit "A". Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris all documents necessary for the TDRA CDBG #729599 Sewer System Manhole Improvements Project in such form as shown in Exhibit "A" attached hereto. Section 4. 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O - : NL ~ A ` ~ 7 c N< O e = 0 ~ ~ O - . N : ~ t - = 0 e ~ t N y Q F ~ - F O - ~ N M q u I C of , a 0 0D O ~ Ne7V t o t Of ~C 00 f Oa - N MI tW ) t Of ~a O : Notice of Award Date: May 14, 2012 Project: Manhole Rehabilitation Owner: City of Paris lOwner's Contract No.: TDRA #729599 Contract: Manhole Rehabilitation Engineer's Project No.: 180043 Bidder: B. Bray Construction Co., Ina Bidder's Address: P.O. Box 6365 Paris, TX 75461 You are notified that your Bid dated May 3, 2012 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Manhole Rehabilitation. TDA #729599 The Contract Price of your Contract is One Hundred Fifteen Thousand Two Hundred Sixty Nine dollars and No Cents l 15,269.00). 4 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 4 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [151 days of the date you receive this Notice of Award. 1. Deliver to the Owner [4] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders, General Conditions, and Supplementary Conditions. 3. Other conditions precedent: Deliver with the executed Contract documents the Certificate of lnsurance that com lies with the insurance reyuirements of the Contract Documents Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fu11y executed counterpart of the Contract Documents. 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Copyright 2012, Hayter Engineering, Inc. HAYTER ENGINEERING, INC COMULTAMB PLANtEi16 HIQIt1"6 TBPE F-000315 CONTRACT DOCUMENTS FOR City of Paris FOR Manhole Rehabilitation 0 ~ Ur T~.~~i ~C ~ , 92767 : 3 ~~s ~L , ,~•.,(~~0 : . . ~ THOMAS 9 LEE PRt31TT . • 4445 SE Loop 286 Paris, TX 75460 Phone 903-785-0303 Fax 903-785-0308 TABLE OF CONTENTS Advertisement for Bids ............................................................................................................................1 Instructions to Bidders .............................................................................................................................2 Special Instructions to Bidders ................................................................................................................9 Bid Bond ..................................................................................................................................................10 Placeholder: Bid Bond Power of Attorney ..............................................................................................12 Bid ............................................................................................................................................................13 Noncollusion Affidavit of Prime Bidder ..................................................................................................19 Certification of Bidder Regazding Civil Rights Laws and Regulations ..................................................20 Section 504 Certificatiott: Policy ofNondiscrimination on the Basis of Disability ................................21 Contractor's Local Opportunity Plan .......................................................................................................22 Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements ................24 Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements ............26 Disclosure of Lobbying Activities ...........................................................................................................28 Statement of Bidder's Qualifications .......................................................................................................29 Notice of Award ......................................................................................................................................31 Agreement . .....32 Contractor's Resolution on Authorized Representative ...........................................................................39 Performance Bond ...................................................................................................................................40 Placeholder: Performance Bond Power of Attorney ................................................................................43 Payment Bond ..........................................................................................................................................44 Placeholder: Payment Bond Power of Attomey ......................................................................................47 Placeholder: Certificate of Insurance .......................................................................................................48 Attomey's Review Certification ...............................................................................................................49 Notice to Proceed .....................................................................................................................................50 Change Order ...........................................................................................................................................51 Contractor's Release of Liens and Acknowledgement of Final Payment Due ........................................53 Release by Subcontractors and Suppliers ................................................................................................54 Consent of Surety to Final Payment ........................................................................................................55 Certificate of Construction Completion ...................................................................................................56 Wage Rates ..............................................................................................................................................57 Federal Labor Standazds Provisions ........................................................................................................60 Title 29 of the Copeland Act Regulations ................................................................................................65 Section 3 Clause .......................................................................................................................................69 Owner's Local Opportunity P1an ..............................................................................................................70 Equal Opportunity Guidelines for Construction Contractors ..................................................................71 Minority/Female Goals and Timetables ...................................................................................................73 Technical Specifications APPENDIX: General Conditions Supplemental General Conditions Drawing 1 of 22: Manhole Locations Drawing 2 of 22: Manhole #1, 223 9t'NW Drawing 3 of 22: Manhole #2, 15th SW @ Austin St. Drawing 4 of 22: Manhole #3, 12' SW & Sherman St. ..................................................75 Drawing 5 of 22: Manhole #4, Sherman St. & Kaufrnan St. Drawing 6 of 22: Manhole #5, 9th SW @ 24' South of Kaufman St. Drawing 7 of 22: Manhole #6, 800 Block of West Austin St. Drawing 8 of 22: Manhole #7, 4th SW @ Brame St. Drawing 9 of 22: Manhole #8, 31d SE @ Woodlawn St. Drawing 10 of 22: Manhole #9, 8h SE @ Austin St. Drawing 11 of 22: Manhole #10, 8~' SE @ Sherman St. Drawing 12 of 22: Manhole #11, 120' +1- South of Graham St. & 7th NW Drawing 13 of 22: Manhole #12, Existing 6" VCT Line in Alley South of Graham St. Between 7~' NW & 9~' NW Drawing 14 of 22: Manhole #13, Kaufman St. @ 80' West of 13th SW Drawing 15 of 22: Manhole #14, 6th SW @ Brame St. Drawing 16 of 22: Manhole #15, 4Ih SW @ Sherman St. Drawing 17 of 22: Shallow Depth Special Manhole Detail, Less Than 36" Cover Drawing 18 of 22: Precast Manhole and Stubout Connection Detail Drawing 19 of 22: Manhole Frame & Cover and Cast-in-Place Manhole Detail Drawing 20 of 22: Section A-A Detail Drawing 21 of 22: Manhole Drop Structure Detail Drawing 22 of 22: Fiberglass Manhole Detail ADVERTISEMENT FOR BIDS Project: Manhole Rehabilitation Project No.: TDA #729599 and HEI #180043-28A Owner: City of Paris Sealed bids for the unit price general construction contract for the replacement of 12 manholes, and installation of 3 new manholes over existing sewer line, including all associated backfill and pavement repairs, will be received by the City of Paris at the office of City Hall, 135 SE lst St., Paris, TX 75460 until a.m./p.m. on , 2012, at which time bids wi11 be publicly opened and read aloud. The Plans, Specifications, and other Contract Documents may be examined at the following places: City Hall, 135 SE 1" St., Paris, TX 75460. Hayter Engineering, Inc., 4445 S.E. Loop 286, Paris, TX 75460, 903-785-0303. McGraw Hill Dodge, 4300 Beltway Place, Suite 1$0, Arlington, TX 76018, 817-375-2953. Copies of the Contract Documents may be obtained from Hayter Engineering, Inc., at the above address upon the payment of $40 (payable to Hayter Engineering, Inc.) for each set. The ENGINEER shall refund $20 per complete set of Contract Documents that are returned in good condition to the ENGINEER within 30 days after the date bids are received. Each BIDDER must deposit with his bid, security in the amount, forrn, and subject to the conditions provided for in the Instructions to Bidders. All bids shall remain good and may not be withdrawn for 90 calendar days after the actual date of the opening thereof. Attention is called to the fact that not less than the federally determined prevailing (Davis- Bacon) wage rate, as issued by the Texas Department of Agriculture and contained in the Contract Documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, or national origin. The OWNER reserves the right to waive any informalities or to reject any or all bids. 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. Dated: CITY OF PARIS INSTRUCTIONS TO BIDDERS 1. Define Terms Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement for Bids, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all addenda issued prior to receipt of Bids). Copies of Bidding Documents 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from ENGINEER. Any refund of said deposit shall be as described in said Advertisement. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of OWNER'S request, written evidence, such as financial data, previous experience, present commitments, other data outlined in the Statement of Bidder's Qualifications herein, and evidence of Bidder's qualification to do business in the state where the Project is located. 4. Examination of Documents 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiaz with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents. 2 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site, if any, is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or other, and neither OWNER nor ENGINEER assume responsibility for the accuracy or completeness thereof. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 4.4 Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface anct Underground Faciliries) at or contiguous to the site, or otherwise which may affect costs, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, cleanup and restore the site to its former conditions upon completion of such explorations. 4.6 The lands upon which the Work is to be performed, right-of-ways and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than five days prior to the date for opening of Bids may not be answered. Only 3 questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect, whether by ENGINEER, or by any officer, agent, or employee of OWNER or ENGINEER, or any other person. 5.2 Addenda may also be issued to modify the Bidding Docurnents as deemed advisable by OWNER or ENGINEER. 6. Bid Securitv 6.1 Each Bid must be accompanied by Bid security made payable to OWNER in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety, meeting the requirements of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the awazd may be retained by OWNER until the earlier of the seventh (7~') day after the Effective Date of the Agreement or the ninety-first (91S`) day after the Bid opening. Bid security with Bids which are not competitive will be retained no more than seven (7) days after the Bid opening. In the event that Bid Security is in the form of a Bid Bond, it will not be physically retumed to the Bidder, except on written request. 7. Contract Time The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. 9. Substitute or "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the drawings or specifications without considerarion of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTR,ACTOR and consideration 4 by ENGINEER is set forth in the General Conditions and may be supplemented in the Technical Specifications. 10. Subcontractors Suppliers and Others 10.1 If the OWNER requests the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, persons or organization, if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other persons or organization, either may before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractors, Suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement, as provided in Paragraph 6.06.B of the General Conditions. 10.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER'S written consent. 10.3 No CONTRACTOR shall be required to employ any Subcontractar, Supplier, other persons or organization against whom CONTRACTOR has reasonable objection. 11. Bid Form 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from ENGINEER. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. Modification and Withdrawal of Bids 13.1 Bids rnay be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids aze to be submitted at any time prior to the opening of Bids. 13.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the prepararion of its Bid, that Bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. Openiniz of Bids Bids will be opened and read aloud publicly. A tabulation of the Bids will be made available to Bidders after the opening of Bids. 6 15. Bids to Remain Subject to Acceptance All bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to that date. 16. Award of Contract 16.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizarions to perform and furnish the Work in accordance with the Contract Docurnents to OWNER'S satisfacrion within the prescribcd time. 16.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Proj ect. 16.6 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ninety days after the day of the Bid opening. 17. Contract Securitv The Contract Documents set forth OWNER'S requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. 18. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within thirty (30) days thereafter, OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. 19. Pre-bid Conference No pre-bid conference will be held. 20. Power of Attornev - Bonds Attorneys-in-fact, who signs Bid Bonds, Performance Bonds, or Payment Bonds, must file with each bond, a certified and effective dated copy of their power-of-attorney. 21. Retainage From each partial payment made to the CONTRACTOR, an amount equal to ten (10) percent will be retained until after the completion of the Work to the Satisfaction of the ENGINEER. 22. Venue If any legal action is filed upon the bid, performance or payment bonds, or upon the Contract itself, venue shall lie in the County in which the project site is located. 8 PENAL SUM FORM BID BOND IMPORTAN'F' - Surety companies executiog BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authoriud to transact business in the state w6ere the projcct ia lceated. Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum (Words) SURETY Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER Bidder's Name and Corporate Seal By: Signature Print Name "I'itle Attest: Signature (Seal) Surety's Name and Corporate Seal By: (Figures) (Seal) Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide ezecution by any additional parties, such as joint venturers, if necessary. $ EJCDC C430 Bid Bond (Penai Sum Form) Prepared by the Eeginars Joint Condnct Dceuments Commiriec. 1 O Paee 1 of 2 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the faiture of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement reyuired by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendaz days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Awazd agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the pmvision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC C430 Bid Bond (PenelSum Form) Prepared by the Engineers Joiot Contract Dceumcnts Committee. 1 1 Page 2 of 2 PLACEHOLDER Bid Bond Power of Attorney 12 BID PROJECT NAME: PROJECT NUMBER: THIS BID IS SUBMITTED TO: Manhole Rehabilitation TDA #729599 and HEI #180043-28A City of Paris The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in Accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged: Number Date (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, expIorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing the work at the contract price, within the contract time and in 13 accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (d) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or conriguous to the site and assumes responsibility for the accurate location of any and all underground facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said underground facilities are or will be required by BIDDER in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. (e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (f) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER. (g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conforniity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. 14 13. 4" Fernco SS connector, installed. 14. 6" Fernco SS connector, installed. 15. 8" Femco SS connector, installed. 16. 10" Fernco SS connector, installed. 17. 12" Fernco SS connector, installed. 18. 15" Fernco SS connector, installed. 19. 24" Fernco SS connector, installed. 20. 6" SDR 26 C1-160 PVC Sewer line, installed, tested, complete. 21. 8" SDR 26 C1-160 PVC Sewer line, installed, tested, complete. 22. 10" SDR 26 C1-160 PVC Sewer line, installed, tested, complete. 23. 12" SDR 26 C1-160 PVC Sewer line, installed, tested, complete. 24. 15" SDR 26 C1-160 PVC Sewer line, installed, tested, complete. 25. 16" SDR 25 PR-165 PVC Sewer line, installed, tested, complete. 26. 24" SDR 26 C1-160 PVC Sewer line, insta.lled, tested, complete.. 27. Asphalt street repair, including saw-cutting removal, and replace. 28. Trench safety. TOTAL BID: 4 EA $ $ 25 EA $ $ 9 EA $ $ 2 EA $ $ 2 EA $ $ 2 EA $ $ 3 EA $ $ 166 LF $ $ 55 LF $ $ 20 LF $ $ 10 LF $ $ 10 LF $ $ 10 LF $ $ 30 LF $ $ 285.2 SY 290 LF $ $ $ $ $ (FIGURES) (USE WORDS) 16 5. BIDDER agrees that the Work will be substantially completed and ready for final payment within 90 calendar days after the date when the Contract Time commences to run, as provided in the General Conditions. BIDDER accepts the provisions of the Agreement as to $458.50 per calendar day liquidated damages in the event of failure to complete the Work on time. 6. The following docurnents are attached to and made a condition of this BID: (a) Required Bid Security in the form of 7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. 8. The terms in this Bid, which are defined in the General Conditions of the Construction Contract, included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED on Of the above total - Base Bid, $ incorporated in the Work, and $ 20 is for materials actually is for all other costs. 17 IF BIDDER IS: An Individual: By (Seal) (Individual's Printed Name and Signature) doing business as . Business Address: Phone Number: _ A Partnership: By (Seal) (Name of Firm) (General Partner's Printed Name and Signature) Business Address: Phone Number: _ A Corporation: Name of Corporation: State of Incorporarion: By Attest: Business Address: Phone Number: _ (Printed Narne of Person Authorized to Sign and Signature) A Joint Venture: By (Printed Name and Signature) Address: By Phone: Address: (Printed Name and Signature) Phone: (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) (Title) (Printed Name and Signature of Secretary) Corporate Seal) 18 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 aation in their hiring, firing, and promotion pr2dices. 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 certfies that: ❑ The Provision of Local Trainin9 Emplovment, and Business Oaoortunities clause (Sedion 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 equais or exceeds $100,000). ❑ The Non Seareaated Facilities clause (Sedion 109 provision) is included in the Contract. No segregated faalities will be maintained as required by Title VI of the Civil Rights Act of 1964. O The Eaual Emolovment OpcortuniN clause is inGuded in the Contract (if bid equals or exceeds $10,000). ❑ The Affirmative Action for Handicamed Workers clause is included in the contract. Have you ever been or are you beirtg considered for sanction due to violation of Executive Order 11246, as amended? ❑ Yes O No NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE 20 CONTRACTOR'S LOCAL OPPORTUNITY PLAN (name of company) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of Detroit. 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. 1. 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 , we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program and its provisions. Signature Title Date 22 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. Contracts Approx. Tot Dollar Amount Estimated No. t local Business Estimated Amount Loc Business ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Classifications Total Estimate Positions No. of Position Currently Filled No. of Position not Filled No. of Position to fill with U Residents Totals 23 U.S. DBPARTMENT OF HOUSING AND U1tBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient): DATE PROJECT NUMBER (!f any) C/O PROJECT NAME l. The undersigned, having eacecuted a contract with for the construction of the above-identified project, acknowledges that: (a) The Labor Stendards Provisions of The Conttact For Construction are included in the aforesaid contract. (b) Correction of any infractions ofthe aforesaid conditions, including infractions by eny of his subcontractors and gny lower tier subcontractors, is his responsibility; 2. He certifies that: (a) Neither he nor any firm, corporation, parmership or association in which he has s substantial interest is designated as an ineligible cantractor by tht Comptcollcr General of the United States pursuant to Section 5.6(b) of the Regulations of the 5ecrotary of Labor, Part 5 (29 CFR, Part 5), or pursuani to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 27602(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subconiractor or any firm, eorpotation, parcnership or association in which such subcont:actor has a substantial interest is designated as en ine)igiblc contractor pursuant to the aforesaid regulat4ry or statutory provisions. He agrees to obtain and forward to the contractor, for transmittal to the reeipient, within ten days after the execution of any lower subcontract, a SubconVactor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcantractor, in duplicate. 4. He certifies that: (a) The legal name and tho business address of the undersigned arc: b) The (1) A SINGLE PROPRIETORSHIP: (3) A CORPORATION ORGANiZBD IN THE STATE OF: (2) A P.4RTNERSHiP: (4) OTHER ORGANIZATION (Descrrbe) (c) The name title and address of the owner partners or officers of the undersianed are: NAME TITLE ADDRESS lillal421(6-75) 24 (d) The names and addresses of all other persons, both natura) and corporate, having a substantial interest in the vndersiQned, and the Date (Contracror) by WARNING U.S. Crimina! Code, Section 1010, Title 18, U.S.C., provides in part: "Whoever.....makes, passes, utters, or publishes any statement, knowing the same to be false.....shall be fined not more than S5,000 or imprisoned not more than two yesrs, or both." GPO 89R-4AZ 25 tG) i nc names, aaaresses ana eraae c►assmcations ot a11 other bu►lding construction contractors in which the undersigned hac a Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements The undersigned of certifies, to the best of its knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: Title: Date: 26 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. T'he filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the yeaz and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but aze not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the awazd or loan commitment. Include at least one organizational level below agency name, if known. For example, Departrnent of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If Irnown, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1(e.g., Request for Proposal (RFP) namber; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal controi number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collecrion of information unless it displays a valid OMB conirol Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average ] 0 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managemeni and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 27 Approved by OMB 034$-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 rn__ 4r-....1.1:.. 1.u.Aon flierlnmirP~ JVV 1 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-awazd d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Prime Subawardee Name and Address of Prime: Tier , if Known: Con resslonal District, if lnown: Con ressional District if known: 6. Federal Department/Agency: 7. Federal Program Name/Deacription: CFDA Number, if applicable: 7. Federal Action Number, if known: 9. Award Amount, if known: S 10. s. Name and Address of Lobbyiag Registrant b. Individuals Performing Services (including address if (if individual, lasi name, first name, MI): di`'erent from No. l0a) (last name, first name, MI): 11. Informatlon requested t6rough this form is suthorized by title 31 U.S.C. section 1352. This disclosure of lobbying Signature: activities is a material represeatation of fact apon whic6 relisnce was placed by the Ner above when this transaction print Name: was made or entercd into. This disclosure is required pursaant to 31 U.S.C.1352. T6ia informstion will be reported Title: to the Congresa semi-annually and will be available for public inspection. Any persoa who fails to file t6e required Telephone No.' Date• disclosure shall be subject to r civil penalty of not less than $10 000 and not more than $100 000 for each suc6 failure. Federal Use Qnly Aut6orized for Local Reproduction Stsndard Form - LLL (Rev. 7-97) 28 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the BIDDER ONLY upon the request of the OWNER) To allow the OWNER to deterrnine the lowest responsible BIDDER, the following information shall be provided. Attach separate sheets as needed. 1. Name of BIDDER 2. Type of organization, i.e., corporation, sole proprietor, partnership, etc. 3. Permanent main office address. 4. When organized. 5. If a corporation, where incorporated. 6. State how many years have you been engaged in the contracting business under your present firm or trade name, and give all other names under which your organization has operated in the last 10 years. 7. State the name of all corporate officers, or partners, or the owners, as appropriate. 8. State the company tax identification number, or, if a sole proprietor, the proprietor's social security number. 9. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate dates and current percent of cornpletion). Provide name, address, and telephone nurnber of the project owner and the engineer. 10. General character of work performed by your company. 11. Have you ever failed to complete any work awarded to you? 12. Have you ever defaulted on a contract? If so, where and why? 13. List your important projects recently completed by your company, and for whom, stating the approximate cost for each, and the month and year completed. Provide name, address, and telephone number of the project owner and engineer. 14. List your major equipment available for this contract. 15. Experience in construction work similar in importance to this project. 16. Background and experience of the principal members of your organization, including the officers and the proposed Project Superintendent. 29 17. Credit available. 18. Give three credit references, one of which must be a financial institution. 19. State the name and address of each of your Worlanen's Compensation insurance camers for the last 5 years. 20. List each claim made against you by your employees or third parties for personal injury, death, or property damage in each of the last 3 years. 21. List any and all litigation including arbitration, administrative proceedings, and mediation in which you have been a plaintiff or defendant involving any owner, architect or engineer over the past 5 years. This list should be in sufficient detail to explain the positions of the various parties and the ultimate outcome as to the damages awarded (if any). This list shall be considered rnaterial as respects the final awarding of any contract connected with the bid. (State "none" or submit information on attached sheet). 22. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the OWNER in verification of the recitals comprising this Statement of Bidder's Qualifications Dated at , this day of 20 Name of Bidder By: Title: STATE OF COUNTY OF , being duly sworn, deposes and says that he is , of , and that the answers to the foregoing questions (name of contractor) and all staternents therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires: 30 AGREEMENT THIS AGREEMENT is dated as of the day of in the year 20^, by and between the City of Paris, Texas, a home rule municipal corporation located at 135 ls` Street SE, Paris, TX 75460 (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work project is generally described as follows: The Project has bei cailed ENGINEER responsibilities and Manhole Rehabilitation TDA #729599 and I3EI #180043-28A Article 2. ENGINEER n designed by Hayter Engineering, Inc., Paris, Texas, who is hereinafter and who is to act as CITY'S representative, assume all duties and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with Documents. completion of the Work in accordance with the Contract Article 3. CONTRACT TIME 3.1 The Work will be substantially completed and ready for final payment within 90 calendar days from the effective date of this Agreement or from the date of the Notice to Proceed, whichever is later. 3.2 Liquidated Damages. CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY $458.50 for each calendar day that expires after the time specified. Article 4. CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: 32 7.4 CONTRACTOR has reviewed and checked a11 information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities, whether indicated in the Contract Documents, or not. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are, or will be, required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and condirions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions included in the Supplementary Conditions. 7.8 CONTRACTOR certifies that they are eligible to be awarded govemment contracts. CONTRACTOR also certifies that any agreement entered into with a subcontractor will contain a clause stating that the subcontractor is eligible to be awarded government contracts. Article CONTRACT DOCUMENTS The Contract Documents, which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: 8.1 Advertisement for Bids. 8.2 Instructions to Bidders. 83 Bid Bond. 8.4 Bid. 8.5 Noncollusion Affidavit of Prime Bidder. 8.6 Certification of Bidder Regarding Civil Rights Laws and Regulations. 8.7 Section 504 Certification: Policy on Nondiscrimination on the Basis of Disability. 8.8 Contractor's Local Opportunity Plan. 8.9 Contractor's Certification Regarding Labor Standards and Prevailing Wage Requirements. 8.10 Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements. 8.11 Disclosure of Lobbying Activities (if applicable). 8.12 Statement of Bidder's Qualifications. 8.13 Notice of Award. 34 8.14 This Agreement. 8.15 Resolution. 8.16 Payment Bond and Power-of-Attorney. 8.17 Performance Bond and Power-of-Attorney. 8.18 Attorney's Review Certification. 8.19 Notice to Proceed. 8.20 General Conditions and modificarions thereto, if any. 8.21 Supplernental General Conditions. 8.22 Technical Specifications prepared or issued by Hayter 2012. Engineering, Inc. dated February 8.23 Addenda numbers to , inclusive. 8.24 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as 8.25 The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written Amendments, change orders, and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. There are no contract Documents other than those listed above in this Article 8. The Contract Documents may only be arnended, modified or supplemented, as provided in the General Conditions. Article 9. INSURANCE AND iNDEMNIFICATION That CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies in sound financial condition and authorized to write commercial insurance policies in Texas by the State of Texas. The CITY, its elected officials, officers and employees shall be listed on said insurance policies as an Additional Insured and fully covered as an Additional Insured throughout the term of this Agreement and through all warranty periods provided herein, and shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 lst Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that CITY is an additional insured while CONTRACTOR is on property owned by CITY. All such policies shall be written so that the CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice 35 shall be by certified mail, return receipt requested, addressed to the CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The CONTRACTOR and his sureties shall indemnify, defend and save harrnless the CITY and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the CONTRACTOR, his agents, employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the CONTR.ACTOR to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost including attorneys fees, which may be obtained against the CITY growing out of such injury or damage. The CONTRACTOR likewise covenants and agrees to, and does hereby, indemnify and hold harmless the CITY from and against any and all injuries, loss or damages to property of the CITY during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the CITY. Article 10. MISCELLANEOUS 14.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assigmment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 CITY and CONTRACTOR each binds himself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 11. NOTICE Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, return receipt requested addressed accordingly: 36 This Agreement will be effective on , 20 OWNER: By: Title: (Corporate Seal) Attest: CONTRACTOR: By: Title: (Corporate Seal) Attest: 38 CQNTRACTOR'S RESOLUTION ON AUTHORIZED REPRESENTATIVE Name or Names I hereby certify that it was RESOLVED by a quorum of the directors of the name of cocporation meeting on the day of , 20_, that and authorized ta act on behalf of be, and hereby is, name of coiporation representative, in all business transactions conducted in the State of Texas, and; as its That all above resolution was unanimously ratified by the $oard of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full forces and effect; and; In authentication of the adoption of this resolution, I subscribe my name and affix the seal of the corporation this day of , 20_. Secretary (seal) 39 PERFORMANCE BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That hereinafter called "Principal," and . a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, hereinafter called "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS a home-rule municipal corporation, hereinafter called "Beneficiary," in the penal sum of DOLLARS ) plus fifteen percent (15%) of the stated penal sum as an additionai sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising flut of or connected with the below identified Contract in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION Principal entered into a day of TO PAY SAME is conditioned as follows: Whereas, the certain written Contract with the Beneficiary, dated the by reference, for the construction described as follows: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair andlor replace a0 defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Worlc by Beneficiary; and, if the Principal shalt fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all out{ay and expense which the Beneficiary may incur in making good 40 , , A.D. which is made a part hereof of certain public improvements that are generally PERFORMANCE BOND PAGE 1 any default or deficiency, then this obligation shaH be void; othervvise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. 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 the Work to be perf'ormed thereunder or the Specifications accompanying the same shall in anywise 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. This Bond is given pursuant to the provisions of V.T.C.A., Govemment Code Section 2253.041, et seq., and any other applicable statutes of the State of Texas. The undersigned and designatec herein e requisite matters Article 7, is the Resident Agent in notices may be delivered and arising out of such suretyship, 19-1. agent is hereby designated by the Surety County, Texas to whom any on whom service of process may be had in as provided by V.A.T.S., Insurance Code IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the day of .2010. PRINCIPAL: Address ATTEST: ATTEST: The Resident Agent of the Surety notice and service of process is: County, Texas, for delivery of 41 Tel. No. 6Y: TITLE: SURETY: Address Tel. No. BY: TITLE: PERFORMANCE BOND PAGE 2 NAME: STREET ADDRESS: CITY, STATE, ZIP: For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on Pa_ae 1 of Performance Bond must be same date that Cihr Council awarded Contract. Date on Pa4e 2 of Perfonnance Bond must be after the date that Citv Council awarded the Contracf. If Resident Agent is not a corporation, give a person's name. 42 PERFORMANCE BOND PAGE 3 PLACEHOLDER Performance Bond Power of Attorney 43 PAYMENT BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That , hereinafter called "Prlncipal," and a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, hereinafter "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS, a home-rule municipal corporation, hereinafter called "Beneficiary," and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements described below, in the penal sum of DOLLARS ) in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of , , A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and atl duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, 44 The Resident Agent of the Surety in County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: For additionai information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on PaQe 1 of Payment Bond must be same date that Citv Council awarded Contract. Date on Pa_qe 2 of Payment Bond must be after the date that Citv Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. 46 PLACEHOLDER Payment Bond Power of Attorney 47 PLACEHOLDER Certificate of Insurance 48 ATT4RNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the City of Pares, 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: Print Attorney's Name: Date: 49 Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address; jsend Certifieci Mail, Return Receipt RequestedJ You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you aze to start perfomung your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the nurnber of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is • Before you may start any Work at the Site, Paragraph 2.013 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: [add other requirements]. Copy to Engineer Owner Given by: Authorized Signature Title Date EJCDC C-550 Notice to Proceed 50 Prepared by the Eagineen Joint Contract Documents Committee aod endoraed by the ConatrucHon Specifintlons Institute. Page 1 of 1 1103 Texas Department of Rural Affairs Construction Contract Change Order Approval Request OWfI@f (Contractor Locality): (Name 8 Address) Phone COI1tC'aCt FOf (project description): Dat@ Project No. Contractor: (Name & Address) Agreement Date: Phone Engineer: (Name & Address) Phone En ineer's Pro'ect No. TxCDBG Contract No. Change Order No. You are hereb re uested to com i with the followin chan es from the contract lans and s eccations: Item No. Description of Changes-Quantities, Units, Unit Prices, Chan e in Com letion Scheduled, Etc. Decrease in Contract Price Increase in Contract Price Chan e in Contract Price Chan e in Contract Time Ori inal Contract Price: $ Ori inal Contract Time: da s Previous Change Order(s) No. to No. $ Net Change From Previous Chan e Orders da s Contract Price Prior to this Chan e Order $ Contract Time Prior to this Chan e Order da s Net Increase/Decrease of this Chan e Order $ Net Increase/Decrease of this Chan e Order da s Contract Price With all A roved Chan e Orders $ Contract Time With all A roved Chan e Orders da s Cumulative % Change in Contract Price: % TxCDBG reimbursement of costs approved by this change order is subject to approval by the Office. RECOMMENDED: By: ENGINEER (Authorized Signature) Date: APPROVED: By: OWNER (Authorized Signature) Date: ACCEPTED: By: CONTRACTOR (Authorized Signature) Date: 51 Grant Recipient: JUSTIFICATION FOR CHANGE TxCDBG Contract No.: Change Order No. 1. Will this Change Order increase or decrease the number of beneficiaries? 0 Increase ❑ Decrease O No Change If there is a change, how many beneficiaries will be affected? Total UM 2. Effect of this change on scope of work: 3. Effect on operation and maintenance costs: ❑ Increase O Decrease ❑ No Change ❑ Increase ❑ Decrease 0 No Change 4. Are al{ prices in the change order dependent upon unit prices found in the original bid? ❑ Yes ❑ No If "1SIo°, explain: 5. Will this change be completed within the contract period? ❑ Yes ❑ No If "No", expected comptefion date: (completion date) 6. Has this change created new circumstances or environmental conditions which may affect the projecYs impact, such as concealed or unexpected conditions discovered during actual construction? O Yes ❑ No If "Yes", is an Environmental Re-assessment required? ❑ Yes ❑ No 7. Is the Texas Commission on Environmental Quality (TCEQ) clearance still valid? 0 Yes ❑ No 8. Is the TCEQ permit approval still valid? (sewer projects only) ❑ Yes ❑ No 9. Are the handicapped access requirements/approval still valid (if applicable)? ❑ Yes ❑ No 10. Are other TxCDBG contractual special condition clearance still valid? ❑ Yes ❑ No (If no, specify): Notice: ' Generally, a cumulative change in the contract price in excess of 25°k cannot be approved. * Generally, items not included or identifying unit costs in the original bid documents cannot be approved as change order items. 52 RELEASE BY SUBCONTRACTORS AND SUPPLIERS The undersigned, having received payment in full for all labor, materials, supplies, or equipment supplied to CONTRACTOR), or to any subcontractor, for the construction of the project referred to as , located in , Texas (Project Number does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or description whatsoever, against said project and the Owner thereof, and against said CONTRACTOR. (Name of Supplier, Subcontractor, Etc.) By: Date: Work or Material: Amount: $ Subscribed and sworn to me this day of 120 Notary My commission expires: 54 CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: CONTRACT DATE: OWNER: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) on Bond of (here insert name and address of Contractor , SURETY COMPANY, ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name of Owner) , OWNER, as set for in the said Surety Company's Bond No. , dated 1N WITNESS WHEREOF, the Surety Company has hereunto set its hand this ^ day of , Surety Company Attest (SEAL) Signature of Authorized Representative Title 55 Certificate of Construction Completion 7~9 (Submit one for each Prime Construction Contract) Grant Recipient: Citv of Wolfe Citv TXCDBG Contract No: 711511 This is to certify that a final inspection of the project described betow was conducted on the day of , Contract was entered into on the day of , befinreen the city/county of and for the construction of This is to further certify that: 1. The work has been completed in accordance with the plans and specifications and all addenda, change orders and supplemental agreements thereto, with the following exceptions: 2. The sum of $ , deducted from the final payment to the Contractor is a fair and equitable settlement for the foregoing excepted work. 3. The Contractor has presented on behalf of itself and its sureties, satisfactory evidence that he or she will repair, replace and make good any faulty workmanship and/or mater+als discovered in the worlc within a period of months from this date, as provided in the Contract. 4. Amount of Original Contract Cumulative Change Orders Final Amount of Contract Less Previous Payments Less Deductions (from #2 above) FINAL PAYMENT (Balance) $ $ $ $ $ $ 5. The Final Payment in the amount above is now due and payable. Certified by: Engineer Title Firm Contractor Title Firm Chief Elected Official or Designee Title Firm 56 Page 2 of 3 An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing averaqe 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 rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Sg http://www.wdol.gov/wdol/scafiles/davisbacon/tac 114.dvb 2/17/2012 Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which tfie constnxtion work covered by this wntract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are induded 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 unconditionaliy and not less than once a week, and without subsequent deduction or rebate on any acoount (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 contrador and such laborers and mechanics. Contributions made or costs reasonably antidpated for bona fide fringe benefits under Sedion 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 oosts incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weeldy 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 finge benefits on the wage determination for the dassification of woric 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 dassification may be wmpensated 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 pertormed. The wage determinaiion (including any additional dassification and wage rates conformed under 29 CFR Part 5.5(a)(1)(11) 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 dass of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shatl be dassified in conformance with the wage rate and finge benefits therefore only when the following criteria have been met. (i) The work to be performed by the dassification requested is not pertormed 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 relatbnship to the wage rates contained in the wage determination. (b) If the corrtractor and the laborers and mechania to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the dassification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the aciion 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 addfional 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 neoessary. (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 dassification or their representatives, and HUD or its designee do not agree on the proposed dassification and wage rete (including the amount designated for fringe benefits, where appropriate), HUD or its designee shalf refer the questions, including the vlews of all Interesbed parties and the recommendation of HUD or its designee, ro 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 witlhin 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 appropriabe) determined pursuarrt to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the dassificatlon under tfiis contract from the first day on which wak is pertormed in the classification. (iii) Whenever the minimum wage rate prescribed in the oontrad for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall eitlier 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 oosts reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written 60 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 shali upon its own action or upon wrftten request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contrad 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 amourrt 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 construdion or development of the project), all or part of the wages required by the contract, HUD or its designee may, afrer 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 accourrt 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 maintalned by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechania working at the site of the woNc (or under the United States Housing Act of 1937, or under the Housing Act of 2949, in the construction or development of the project). Such records shall contain the name, address, and social securiry 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 antlcipated in providing benefits under a plan or program described in Section 1(b)(2)(0) of the Davis-Bacon Act, the contractor shall maintain records which 5how that the commitment to provide such benefts 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 weekry for each week in which any contrad 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 alf 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 Stak Number 029-005-0014-1), U. S. Govemment 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 paymeM of the persons employed under the contract and shall certify the following: (1) That the payrall 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 mechanlc (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, elther directly or indirectly, and that no deducdons 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 pertormed, as specifled 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. 61 (d) The falsification of any of the above certifications may subject the contractor or subcontractor to avil or criminal prosecution under Section 1001 of Title 18 and Secbon 231 of Tide 31 of the Unibed States Code. (iii) The rnrrtractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, wpying, or transcription by authonzed representatives of HUD or its designee or the Departrnent of Labor, and shall permit such representatives to fnterview 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. Furlfiermore, 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) Apprentioes and Trainees. (i) Apprentioes. 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 tfie U.S. Department of Labor, Employment and Training Adminlstration. 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 apprentlceship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprendceship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to joumeymen on the job site in any craft dassifiption shall not be greater than the rafio permitted to tfie contractor as to the entire work foroe under the regisbered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or obherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actuaily performed. In addition, any apprenUce performing work on the job sibe in excess of the ratio pertnitted under the regisbered progrem shall be paid not less than the applicable wage rate on the wage determination for the work actually perfomied. Where a contractor is perForming oonstructJon on a project in a locality other than that in which its progrem is registered, the ratios and wage rates (expressed in percentages of the joumeyman's hourly rete) specified in the contractor's or suboontractors rcyfstered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprerrtice's level of progress, expressed as a percentage of the joumeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordanoe with the provisions of the apprentioeship program._ If the apprenticeship program does not specify fringe benefits, apprentioes 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 acoordance with that determination. In the event the Bureau of Apprenticeship and Training, or a Stabe Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprerdices at less than the appllcable 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 woric at less than the predetermined rate for the work peifonned unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal oertification by the U.S. Department of Labor, Employment and Training Administration. the ratio of trafnees to joumeymen 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 joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in aaordance 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 apprentioeship program associated with the corresponding joumeyman wage rate on the wage debermination which provides for less than full fringe benefits for apprentices. Any empioyee listed on the payroil 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 determinabbn for the work actually perfortned. In addition, any trainee performing work on the job site in excess of the ratio permithed under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perfortned. In the event the Employment and Tralning 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 anploynmnt opportunity. The utillzation of apprentices, trainees and joumeymen under tfiis part shall be in conformity with the equal empbyment opportuniry requirements of Executlve Order 11246, as amended, and 29 CFR Part 30. 5. Complianoe with Copeland Ad requirements. The contractor shall comply wlth the requirements of 29 CFR Part 3 which are incorporated by referenoe in this contract. 62 suboontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No iaborer or mechanic shall be required to work in surroundings or under working oonditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under constn+ction safety and health standards promulgated by the 5ecretary of Labor by regulation. (2) The Contrector 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 wbcontrad so that such provisions will be binding on each subcontractor. The contracbDr 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. 64 Copeland Act Regulations Title 29 - LABOR Subtitle A- Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUtLDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. 3.1 Purpose and scope 3.2 Definitions 3.3 Weekly statement with respect to payment of wages 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. 3.6 Payroll deductions permissibie with the approval of the Secretary of Labor. 3.7 Applications for the approval of the Secretary of Labor 3.8 Action by the Secretary of Labor upon applications. 3.9 Prohibited payroll deductions. 3.10 Methods of payment of wages. 3.11 Regulations part of contract. AUTHORITY: The provisions of this Part 3 issued under R.S. 161, sec. 2, 48 Stat. §48; Reorg. Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 5 U.S.C. 301; 40 U.S.C. 276c. SOURCE: The provisions of this Part 3 appear at 29 F.R. 97, Jan. 4, 1964, unless otherwise noted. Section 3.1 Purpose and Scope. This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-assisted constniction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making o# payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or senricing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, aRicles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a"building" or "work" within the meaning of the regulations in this part. 65 (b) The terms "construction," "prosecution," °completion," or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the conVactor or subcontractor. (c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the Unites States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term includes building or work for which the Federal assistance granted is in the form of loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work flnanced in whole or in part by loans or grants ftom the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. ( fl The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalit)(s of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneflcially owned by the United States, by the District of Cotumbia, or any of the foregoing departments, establishments, agencies, and instrumentality's. {29 FR 97, Jan. 4, 1964, as amended at 33 FR 32575, Nov. 27, 1973} Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classffications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer of employee of the contractor or subcontractor who supervlses the payment of wages, and shall be on form WH 348, "Statement of Compliance," or on an identical form on the back of WH 347, `Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. {29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968} Section 3.4Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement required under §3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work, or if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting for or financing the building or work. After such examination and check as may be mede, such statement, or a copy thereof; shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times far inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. Section 3.5Payroll deductions permissible without appllcation to or approval of the Secretary of Labor. 66 Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A°bona fide prepayment of wages" is considered to have been made only when cash or its equivafent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of arnounts required by court process to be paid to another, unless, the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medicaf or hospital care, pensions, or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the emp{oyee for the making of contributions to governmental or quasi-governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, That a collective bargaining agreement between the contractor or subconiractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this titie. When such a deduction is made the additional records required under §516.27(a) of this title shall be kept. (k) Any deduction for the cost of safety equipment of nominal value purchased by the employee as his own property for his personal protection in his work, such as safety shoes, safety glasses, safety gloves, and hard hats, if such equipment is not required by law to be furnished by the employer, if such deduction is not violative of the Fair Labor Standards Act or prohibited by other law, if the cost on which the deduction is based dces not exceed the actual cost to the employer where the equipment is purchased from him and does not include any direct or indirect monetary return to the employer where the equipment is purchased from a third person, and if the deduction is either (1) voluntarily consented to be the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance; or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees. {36 F.R. 9770, May 28, 1971.} Section 3.6Payroll deductlons permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under §3.5. The Secretary may grant permission whenever Me finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. Section 3.7Applications for the approval of the Secretary of Labor. 67 Any application for the making of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application need not identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions on all current and future contracts of the applicant for a period of 1 year. A renewal of permission to make such payroll deduction will be granted upon the submission of an application which makes reference to the original application, recites the date of the Secretary of Labor's approval of such deductions, states affirmatively that there is continued compliance with the standards set forth in the provisions of §3.6, and specifies any conditions which have changed in regard to the payroll deductions. {36 F.R. 9770, May 28, 1971.} (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of §3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of §3.6; and shall notify the applicant in writing of his decision. Section 3.9Prohibited 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 demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see §5.5(a) of this subtitle. 68 135.38 - 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 HLTD 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 HIJD 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 ttus 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 applicabie provision of the subcontract or in this section 3 clause, upon a finding that the subcantractor 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 lrnowledge 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 HiJD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Deternunation 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). 69 LUCAL OPPORTUNITY PLAN c action steps to The City of Paris agrees to ' e rns locat d specific its bound ries. increase the utiltzation of business once A. Identify etigible business concerns for TCDP assisted contracts through: the Chamber of Commerce, the Urban League, local advertising media including pub[ic signage; project area committees, citizen advisory boards; lists availahle througti the local HUD program official; regional plann'sng agericies, and all other appropriate referca] sources. B. Maintain a list of eligible business concerns for utilization in TCDP funded procurements, to insure that all appropriate project arca business concerns ate notified of pending contractuai opportunities, and to make available this list for general city procurernent needs. C. Require all bidders on contracts to sutimit a written Local Opportunity Flan including utilization goals and the specific steps planned to accomplish these gaais. D. Insure that contracts which are typicaJly let on a negotiated rather than a bid basis in areas other than the project area, are also let on a negotiated basis, whenever feasible, when let in the projoct area. E. Maintain records, including copies o£ conespondcnce, memoranda; etc., which document that all of the above affirmative action sieps have been talcen. F. Appoint or recraii an executive official of the city as Equal Opportuaity Officer to coordinate the implementation of this plan. . As officers and representatives of the City of Paris, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. r 10 Title Date Signature Signature I/Vi J Title 01 3~ -;Ld--aal, Date 70 1001-re Equal Opportunity Guidelines for Construction Contractors Note: To be lncluded !n b1d packet and dlstributed at the preconstructlon conference (optlona/) 1. What are the responsibilities of the offeror or bidder to insure equal employment opportunity? The offeror or bidder must comply with the "Equal Opportunity Clause" and the "Standard Federal Equal Opportunity Construction Contract Specifications." 2. Are construction contractors required to insure a comfortable working environment for all emplayees? Yes, it is the construction contractor's responsibility to provide an environment free of harassment, intimidation, and coercion to all employees and to notify aIl foremen and supervisors to carry out this obligation, with specific attention to minority or female individuals. 3. To alleviate developing separate facilities for men and women on all sites, can a construction contractor place all women employees on one slte? No, finro or more women should be assigned to each site when possible. 4. Are construction contractors required to make speciahoutreach efforts to minority and female recruitment sources? Yes, construction contractors must establish a current list of minority and female recruitment sources. Notification of employment opportunities, including the availability of on-the job training and apprenticeship programs, should be given to these sources. The efforts of the construction contractors should be kept in file. 5. Should records be maintained on the number of minority and females applying for positions with construction contractors? Yes, r•ecords must be maintained to include a current list of names, addresses and telephone numbers of all minority and female applicants. The documentation should also include the results of the applications submitted. 6. What happens if a woman or minority is sent to the union by the Contractor and is not referred back to the Contractor for employment? If the unions impede the construction contractor's responsibility to provide equal employment opportunity, a written notice should be submitted to TXCDBG. 7. What efforts are made by construction contractors to create entry-level positions for women and minorities? Construction contractors are required to develop on-the job training programs, or participate in training programs, especially those funded by the Department of Labor, to create positions for women and minorities and to meet employment needs. 8. Are any efforts made by the Contractor to publicize their Equal Employment Opportunity (EEO) policy? Yes, the construction contractor is responsible for notifying unions and sources of training programs of their equal employment opportunity policy. Unions should be requested to cooperate in the effort of equal opportunity. The policy should be included in any appropriate manuals, or collective bargaining agreements. The construction contractor is encouraged to publicize the equal employment opportunity policy in the company newspaper and annual report. The Contractor is also responsible to include the EEO policy in all media advertisement. 9. Are any in-service training programs provided for staff to update the EEO policy? At least annually a review of the EEO policy and the affirmative action obligations are required of all personnel employees of a decision-making status. A record of the meeting 71 including date, time, location, persons present, subject matter discussed, and disposition of the subject matter should be maintained. 10. What recruitment efforts are made for minorities and women? The construction contractor must notify, both orally and in writing, minority and female recruitment sources one month prior to the date of acceptance for apprenticeship or other training programs. 11. Are any measures taken to encourage promotions for minorities and women? Yes, an annual evaluation should be conducted for all minority and female personnel to encourage these employees to seek higher positions. 12. What efforts are taken to insure that personnel policies are in accordance with the EEO policy? Personnel policies in regard to job practices, work assignments, etc. should be continually monitored to insure that the EEO policy is carried out. 13. Can women be excluded from utilizing any facilities available to men? No, all facilities and company activities are non-segregated except for bathrooms or changing facilities to insure privacy. 14. What efforts are made to utilize minority and female contractors and suppliers? None, however records are kept of all offers to minority and female construction contractors. 15. If a construction contractor particlpates in a business related association that does not comply with aWirmative action standards, does that show his/her failure to comply? No, the construction contractor is responsible for its own compliance. 16. Will a construction contractor be in violation of EEO policy and awirmative action if he sets up one set of goals to include minorities and women? Yes. There is a separate goal for minorities and a separate single goal for women. The construction 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. 17. Can a construction contractor hire a subcontractor who has been debarred from government contracts pursuant to EEO? No. The construction contractor must suspend, terminate or cancel its contract with any Subcontractor who is in violation of the EEO policy. 18. What effort has been taken by the construction contractor to monitor all employment to insure the company EEO policy is being carried out? The construction contractor must designate a responsible individual to keep accurate records of all employees that includes specific information required by the govemment. 72 MINORITY/FEMALE GOALS AND TIMETABLES The female employment goal is effective as of April 1980 and is currently 6.9%. The percentages for minority participation in Texas are: Texarkana Area: Texarkana & Bowie Co. 19,7 Non-MSA Counfies of Camp, Cass, Lamar, Morris, Red River & Titus 202 Tyler-Lonaview Area: Longview, Gregg Co. & Harrison Co. 22,8 Tyler & Smith Co. 23.5 Non-MSA Counties of Anderson, Angelina, Cherokee, Henderson, Marion, Nacogdoches, Panola, 22.5 Rusk, San Augustine, Shelby, Upshur & Wood Beaumont-Port Arthur Area: Beaumont, Port Arthur, Orange, Hardin Co., Jefferson Co., & Orange Co. 22_6 Non-MSA Counties of Jasper, Houston, Newton, Sabine, & Tyler 22,6 Houston Area: Bryan, College Station & Brazos Co. 23_7 Galveston, Texas Ciry & Galveston Co. 28,9 Houston, Brazoria Co., Fort Bend Co., Harris Co., Liberty Co., Montgomery Co. & Waller Co. 27.3 Non-MSA Counties of Austin, Burleson, Calhoun, Chambers, Colorado, DeWitt, Fayette, Goliad, 27.4 Grimes, Jackson, Lavaca, Leon, Madison, Matagorda, Polk, Robertson, San Jacinto, Trinity, Victoria, Walker, Washington, & Wharton Austin Area: Austin, Hays Co., Travis Co., & Williamson Co. 24.1 Non-MSA Counties of Bastrop, Blanco, Burnet, Catdwell, Lee & Llano 24,2 Waco. Killee,n, Temple Area: Killeen, Temple, Bell Co. & Coryell Co. 16.4 Waco & McLennan Co. 20.7 Non-MSA Counties of Bosque, Falls, Freestone, Hamilton, Hill, Lampasas, Limestone, Miiam & Mills 18.6 Dallas, Fort Worth Area: Dallas, Fort Worth, Collin Co., Dallas Co., Denton Co., Ellis Co., Wood Co., Johnson Co., Kaufman 18.2 Co., Parker Co., Rockwall Co., Tarrant Co. & Wise Co. Sherman, Denison & Grayson Co. 9.4 Non-MSA Counties of Cooke, Delta, Erath, Fannin, Franklin, Hopkins, Hunt, Jack, Montague, 17.2 Navarro, Palo Pinto, Rains, Somervell, & Van Zandt Wichlta Falls Area: Wichita Falls, Clay Co. & Wichita Co. 12.4 Non-MSA Counties of Archer, Baylor, Cottle, Foard, Fiardeman, Wilbarger & Young 11.0 Abilene Area: Abilene, Callaghan Co., Jones Co. & Taylor Co. 11.6 Non-MSA Counties of Brown, Coleman, Comanche, Eastland, Fisher, Haskell, Kent, Knox, Mitchell, 10.9 NoEan, Scurry, Shackleford, Stephens, Stonewall & Throckmorton San Angelo Area: San Angelo & Tom Green Co. 19.2 Non-MSA Counties of Coke, Concho, Crockett, Irion, Kimble, McCullough, Mason, Menard, Reagan, 20.0 Runnels, San Saba, Schleicher, Sterling, Sutton & Terrell San Antonio Area: Laredo & Webb Co. 87,3 San Antonio, Bexar Co., Comal Co. & Guadalupe Co. 4;~ g Non-MSA Counties of Atascosa, Bandera, Dimmit, Edwards, Frio, Gillespie, Gonzales, Jim Hogg, 49.4 Karnes, Kendall, Kerr, Kinney, La Salle, McMullen, Maverick, Med'+na, Real, Uvalde, Vaf Verde, Wilson, Zapata & Zavala Coraus Christi Area: Corpus Christi, Nueces Co. & San Patricio Co. 41.7 Non-MSA Counties of Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleburg, Live Oak & 44.2 Refugio Brownsvilie. McAllen. Harlincen Area: Brownsville, Harlingen, San Benito & Cameron Co. 71,0 McAllen, Pharr, Edinburg & Hidalgo Co. 72.8 Non-MSA Counties of Starr & Wiflacy 72.9 Odessa, Midland Area: Midland & Midiand Co. 19.1 Odessa 8 Ector Co. 15.1 Non-MSA Counties of Andrews, Crane, Glasscock, Howard, Loving, Martin, Pecos, Reeves, Upton, 18.9 Ward & Winkler EI Paso Area: EI Paso & EI Paso Co. 57.8 Non-MSA Counties of Brewster, Culbertson, Hudspeth, Jeff Davis & Presidio 49.0 Lubbxk Area: Lubbock & Lubbock Co. 19.6 Non-MSA Counties of Bailey, Borden, Cochran, Crosby, Dawson, Dickens, Floyd, Gaines, Garza, 19.5 Hale, Hockley, King, Lamb, Lynn, Motley, Terry & Yoakum Amaril{o Area: Amarillo, Potter Co. & Randall Co. 9.3 Non-MSA Counties of Armstrong, Briscoe, Carson, Castro, Chitdress, Collingsworth, Daftam, Deaf 11.0 Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Roberts, Sherman, Swisher, & Wheeler 74 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Intent ....................................................................................................................................................75 Preconstruction Conference .................................................................................................................75 Shop Drawings and Submittats ............................................................................................................75 Standard Reference Specifications ......................................................................................................75 Material and Workmanship ..................................................................................................................75 Schedule and Sequence of Construction ..............................................................................................76 Coordination with Existing Utilities ....................................................................................................76 Easements and Sites .............................................................................................................................76 Clean-Up ..............................................................................................................................................77 Payment for Incidental Items ...............................................................................................................77 Record Drawings .................................................................................................................................77 Mobi l i zation 77 Trench Excavation for Sanitary Sewer and Pota.ble Water Mains .......................................................78 Installation and Backfill of Buried Pipe ...............................................................................................80 Mechazucally Tamped Bac1cfi11 ............................................................................................................85 Pavement Subbase ...............................................................................................................................85 Reinforcement of Adjacent Existing Utilities ......................................................................................85 Water and Sewer Utilities in Close Proximity .....................................................................................86 Floatation of Structures or Pipelines ....................................................................................................89 Unlike Pipe Connections (ARC) ........89 Concrete Manholes ..............................................................................................................................90 Fiberglass Manhole ..............................................................................................................................91 Manhole Castings .................................................................................................................................93 Manhole Drop Structures .....................................................................................................................93 Inflow Inserts for Manholes .................................................................................................................94 Manhole Replacement .........................................................................................................................94 Manhole Vacuum Testing . ..................................................................................................................94 Pavement Repairs .................................................................................................................................95 Concrete ...............................................................................................................................................97 Public and Private Access ....................................................................................................................98 Temporary Project Sign .......................................................................................................................98 TECHNICAL SPECIFICATIONS Intent It is the intent of these specifications to insure that this CONTRACTOR will provide the OWNER with a11 material, labor, equipment, supervision and administration of construction to complete an operative project as shown on the drawings and/or described herein. Atl work required to effect these improvements is to be provided by this CONTRACTOR and no item of work or material will be furnished by the OWNER unless specifically set forth herein. Preconstruction Conference A preconstruction conference will be held prior to the beginning of any construction. This meeting will be attended by the CONTRACTOR, the OWNER, the ENGINEER, all subcontractors, and any governmental agencies involved in administration of the project. The meeting date will be established by the ENGINEER after the taking of bids. The successful bidder shall furnish to the ENGINEER a project schedule at this meeting, showing the major items or work to be constructed and the anticipated completion dates. Shop Drawings and Submittals Submit catalog data on the following (5 copies): 1. PVC Pipe 2. Manholes 3. Manhole Covers 4. PVC Fittings 5. Inflow Inserts 6. Backfill Material 7. Manhole Rings 8. Repair Couplings 9. Embedment material. Standard Reference Specifications These contract documents contain references to standard specifications as adopted by the American Waterworks Association (AWWA), the American Society of Testing Material (ASTM), the American Association of State Highway and Transportation Officials (AASHTO), the Texas Department of Transportation (TxDOT), and the American National Standards Institute (ANSI). All such references shall be construed to refer to the designated standard and the latest revision thereof, regazdless of the specification date shown herein. Material and Workmanshin All equipment, materials, and articles incorporated into the work shall be new, and of a quality equal to, or better than, specified herein. If not specified herein, the quality shall be satisfactory to the ENGINEER. All workmanship shall be of acceptable quality as determined by the ENGINEER, and the OWNER may require the CONTRACTOR to dismiss from the work any 75 employee or employees the OWNER may deem incompetent, unqualified, unreliable, careless, or insubordinate. Schedule and Sequence of Construction Prior to beginning work, the CONTRACTOR shall prepare and submit a proposed schedule and sequence of construction to the ENGINEER for his review. Unless otherwise specified, the order of construction will generally be left to the CONTRACTOR. In the case of pipelines, however, any segment or system, once started, shall be worked on continuously until it is completed and placed in service. The practice of installing all or most of the pipe before placing any of the system into service, shall be avoided. The CONTRACTOR'S compliance with this condition shall be a prime consideration in determining unit quantities allowed on partial payment estimates. Where the OWNER provides water and sewer service, it is imperative to continue the operation of the existing facilities. It will be mandatory that this CONTR.ACTOR so arrange his work as to cause the absolute minimum inconvenience to the existing users. Coordination with Existing Utilities The location of existing buried utilities, where shown, are approximate only. There may exist utilities, which are not shown. This CONTRACTOR shall be responsible for locating and protecting all buried utilities. The existence of utilities not shown shall not be grounds for additional compensation. The CONTRACTOR shall contact each utility company ahead of performing the work, and request the utility to locate its lines. Failure of the utility to locate, or improper location by the utility, shall not result in additional cost to the OWNER. All OWNER'S utilities damaged by the CONTRACTOR , shall be repaired by the CONTRACTOR at his expense. Materials used in repair of utilities shall conform to these specifications. The CONTRACTOR shall notify any utility customer in advance of shutting-off his utility service. Existing water and sewer lines damaged shall be repaired within 4 hours on the day damaged. OWNER shall operate his existing water valves in his system. However, he does not guarantee 100% shut-off of existing water lines. Where existing facilities of the OWNER or its customers are specifically designated to be connected to the facilities constructed herein, this CONTR.ACTOR shall do so under the OWNER'S supervision. If required by the OWNER, these connections will have to be made during the period from midnight to 6:00 a.m. Easements and Sites The CONTRACTOR shall be solely liable for any damage to property or improvements as a result of the construction of this work. This CONTRACTOR will cause to be protected all 76 improvements on or off the right-of-way, such as fences, buildings, signs, poles, utilities, trees, shrubs, etc., unless designated for removal, and should such improvements be damaged, he shall make restitution to the satisfaction of their OWNER. The CONTRACTOR shall be responsible for such improvements that must be relocated or temporarily moved and shall do such work at his cost. Clean-Up At the conclusion of the work, and prior to final payment, all tools, temporary structures, and materials belonging to the CONTRACTOR shall be promptly removed. All rubbish and other foreign substances shall be removed from the project site and satisfactorily disposed of. All job sites including streets, easements, rights-of-way, roads, and areas used by the CONTRACTOR shall be left in a clean, neat condition satisfactory to their owner. The OWNER'S representative may also require clean-up of the job site or easements and rights-of-way periodically during the progress of the work. Burning of brush on the work sites will not be permitted without the landowner's permission, and then only in strict compliance with locai, state and federal laws. Any surplus excavated earth not designated for reuse shall be disposed of at approved locations secured by the CONTRACTOR at his expense, and rough leveled to the landowner's satisfaction. Payment for Incidental Items For unit price contracts, the payment for all labor, materials, equipment, supervision, overhead, and associated costs to complete the project contemplated by the drawings and/or specifications sha11 be according to the unit items set forth in the Bid Schedule. Payment for items required, but not set forth in the Bid Schedule as separate pay items, shall be considered as incidental and shall be included in the various items provided for in the Bid Schedule. For lump sum contracts, the lump sum specified in the Bid Schedule shall include all necessary labor, materials, equipment, supervision, overhead and associated costs to complete the project contemplated by the drawings and/or these specifications, whether specifically listed on the Bid Schedule, or not. Record Drawintts During progress of the job, the CONTRACTOR shall mark up a set of the drawings, including dimensions, to indicate any deviations from the contract drawings. After completion of the job, this set of record drawings is to be furnished to the ENGINEER for review, including sufficiency of information, clarity, and readability. Mobilization "Mobilization" shall consist of the mobilization of personnel, equipment and supplies at the project site and preparation for beginning work on other contract items. Mobilization shall include, but is not limited to, the movement of equipment, personnel, materials, supplies, etc. to 77 such equipment provides an installation consistent with the requirements of this standard, minimum trench widths may be reduced, as approved by the ENGINEER. When supports such as trench sheeting, trench jacks, trench shields or boxes are used, ensure that support of the pipe and its embedment is maintained throughout instailation. Ensure that wall sheeting is sufficiently right to prevent washing out of the trench wall from behind the sheeting. Provide tight support of trench walls below viaducts, existing utilities, or other obstruction that restrict driving of sheeting. Unless otherwise directed by the ENGINEER, sheeting shall not be placed in or below the pipe zone to preclude loss of support of foundation and embedment materials. When specifically allowed by the ENGINEER, sheeting may be placed in or below the pipe zone, with the top of sheeting to be cut off 1.5 feet or more above the crown of the pipe. Leave rangers, whalers, and braces in place as required to support cutoff sheeting and the trench wall in the vicinity of the pipe zone. Timber sheeting to be left in place is considered a permanent structural member, and should be treated against biological degradation (for example, attack by insects or other biological forms) as necessary, and against decay if above groundwaYer. Do not disturb the installed pipe and its embedment when using movable trench boxes and shields. Movable supports should not be used below the top of the pipe zone unless approved methods are used for maintaining the integrity of embedment material. Before moving supports, place and compact ernbedment to sufficient depths to ensure protection of the pipe. As supports are moved, finish placing and compacting embedment. If the ENGINEER permits the use of sheeting or other trench wall supports below the pipe zone, ensure that pipe and foundarion and embedment materials are not disturbed by support removal. Fill voids left on removal of supports and compact all materials to required densities. If ledge rock, hard pan, shale, or other unyielding material, cobbles, rubble or debris, boulders, or stones larger than 1.5 in. (40 mm) are encountered in the trench bottom, excavate a minimum depth of 6 in. (150 mm) below the pipe bottom and replace with proper embedment material. The CONTRACTOR shall be responsible for the satisfactory disposal of excess and unsuitable materials of any sort, and shall be responsible for backfilling, tamping, compacting, and refilling after settlement, of all excavated areas and other land, private and public, damaged or occupied by the CONTRACTOR in the performance of the contract, to as good condition as they were prior to the beginning of the work. It shall be his further responsibility to remove all surface obstruction to his work on easements or sites. He shall protect all pipes, conduits, signs, utility poles, wire, fences, building, and other public or private property improvements adjacent to or in the line of the work. Installation and Backfill of Buried Pipe CONTR.ACTOR shall comply with the "Materials", "Installation", and "Inspection, Handling and Storage" sections of ASTM D-2321, except as modified herein. 80 Excavation shall be as described elsewhere in these specificarions and as shown on the drawings. Install foundation and bedding as shown in the drawings and as specified herein, according to conditions in the trench bottom. Provide a firm, stable, and uniform bedding for the pipe barrel and any protruding features of its joint. Provide a minimurn 4 inch thickness of bedding unless a greater thiclrness is specified. When rock or unyielding material is present in the trench bottom, increase the thickness of bedding material to 6 inches minimum. Where the trench bottom is unstable or shows a"quick" tendency, excavate all unstable material as a minimum, and replace with a foundation of material per Table I. Place and compact this foundation material in accordance with the drawings. Control of quick and unstable trench bottom conditions may also be accomplished with the use of appropriate geofabrics applied to the satisfaction of the ENGINEER and in strict accordance with the manufacturer's recommendations. For severe conditions, the ENGINEER may require a special foundation such as piles, sheeting, or concrete mats. Correction of unstable trench bottom shall not result in increased cost to OWNER. Minimize localized loadings and differential settlement wherever the pipe crosses other utilities or subsurface structures. Provide a cushion of bedding material between the pipe and any such point of localized loading. If the trench bottom is excavated below intended grade, fill the over-excavation with compatible foundation or bedding material and compact to a density not less than the minimum densities given in the drawings. If trench sidewalls slough off during any part of excavating or installing the pipe, remove all sloughed and loose material from the trench. All pipe line excavation made in one day shall have the pipe installed and backfilled the same day. Excavation of trench days ahead of pipe laying will not be peimitted. Excavations for pipe line appurtenances shall be backfilled as soon as is feasible. Place pipe and fittings in the trench with the invert conforming to the required elevations, slopes, and alignment. Ensure uniform pipe support. In special cases where the pipe is to be installed to a curved alignment, maintain angular joint deflection or pipe bending radius, or both, as indicated in the drawings. Adjustment in grade shall be made by scraping away or filling in along the full length of the pipe with approved bedding material, properly compacted, and not by wedging, blocking up the conduit, or supporting the conduit on mounds of earth. The width of trench excavation is set forth in the drawings and sha11 not be exceeded in the area from the bottom of the trench to a point 12" above the top of the pipe. 81 Pipe shall be laid with the bell pointing away from the last joint. Pipe sockets and barrels shall be clean and free from dirt at all times. Comply with manufacturer's recommendations for assembly of joint components, lubrication, and making of joints. When pipe laying is interrupted, secure piping against movement and seal open ends to prevent the entrance of water, mud, or foreign material. Mark, or verify that pipe ends are marked, to indicate insertion stop position, and ensure that pipe is inserted into pipe or fitting bells to this mark. Push spigot into bell using methods recommended by the manufacturer, keeping pipe true to line and grade. Protect the end of the pipe during homing and do not use excessive force that may result in over-assembled joints or dislodged gaskets. If full entry is not achieved, disassemble and clean the joint and reassemble. Use only lubricant supplied or recommended for use by the pipe manufacturer. When making solvent cement joints, follow recommendations of both the pipe and solvent cement manufacturer. If full entry is not achieved, disassemble or remove and replace the joint. Allow freshly made joints to set for the recommended time before rnoving, burying, or otherwise disturbing the pipe. When the pipe joint has been checked for line and grade, the bedding material shall be applied to the springline of the pipe or as set forth in the drawings, and cornpacted by hand tamps or hand- held mechanical tamps, taking care not to damage or displace the pipe. On pressure lines, all gasket joint or mechanical joint dead ends, fittings, flush valves, fire hydrants and offsets shall have Class D concrete thrust reaction blocking placed to provide for pressure reaction, as set forth in the drawings. Where specifically called for on the drawings, additional joint restraints shall be provided. All pipe shall then be further embedded and backfilled as set forth in the drawings andlor as described herein. On highway right-of-way, backfill methods shall conform to the OWNER'S permits or as set forth herein and in the drawings, whichever is more restrictive. All embedment material shall be per Table I. It shall not be the "grassed-off' overburden stripped from the site, but may be trench "tailings", provided these meet the requirements of Table I. Where suitable embedment material, and/or suitable material for backfilling does not exist on the job site, the CONTRACTOR shall furnish such material from off the job site at his expense, and also dispose of the unsuitable material removed from the trench off of the job site, at his expense. Place embedment materials by methods that will not disturb or damage the pipe. Work in and tamp the haunching material in the area between the bedding and the underside of the pipe before placing and compacting the rernainder of the embedment in the pipe zone. Follow compaction 82 requirements in the drawings for density requirements. Do not permit compaction equipment to contact and damage the pipe. Use compaction equipment and techniques that are compatible with materials used and location in the trench. Before using heavy compaction or construction equipment directly over the pipe, place sufficient backfill to prevent damage, excessive deflections, or other disturbance of the pipe. See minimum cover requirements elsewhere herein. Pipe Embedment shall be compacted in 8" lifts or less. All excavations sha11 be backfilled to finished grades, shapes, and configurations as shown on the drawings. Finish backfill, after consolidation, shall not have a variance of over one inch in ten feet when measured with a straight edge perpendicular to the slope. Any subsequent settlement of finished areas shall be brought back to the final grade and configuration with additional material as required, so that upon the completion of the construction of the project, and for the twelve month maintenance period, all areas shall have their final grade and shape. The CONTRACTOR, during the life of this contract, shall be responsible for so maintaining the trench and trench backfill as to permit safe passage for vehicles and pedestrians over the same. During inclement weather, he sha11 be responsible for removing any vehicle or livestock which may become stuck, stalled, or stranded in a trench, or in trench backfill, and shall utilize every available means to keep trenches and trench backfill across public thoroughfares and driveways safe and passable at all times. Initial backfill, i.e., that backfill material used to a point 6 to 12 inches above the top of the pipe, shall be the same material as the embedment material. Unless otherwise noted on the drawings, the final backfill may be the native material removed from the trench, except that rock removed from the trench must be reduced to a size no larger than 3" maximum dimension before reuse. Broken concrete larger than 3" in maximum dimension, trees, or other lumpy materials, or materials frozen, or of a perishable, spongy, or otherwise improper nature shall never be used in the backfill. Consolidation of cohesionless material by watering (jetting or puddling) should only be used under controlled conditions when approved by the ENGINEER. At all times, conform to the lift thicknesses and minimum density requirements in the drawings. To preclude damage to the pipe and disturbance to pipe embedment, a minimum depth of backfill above the pipe should be maintained before allowing vehicles or heavy construction equipment to traverse the pipe trench. For embedment materials installed to the minimum densities required in the drawings, provide cover (that is, depth of backfill above top of pipe) of at least 30 in. (0.8) or one pipe diameter (whichever is larger) before allowing vehicles or construction equipment to traverse the trench surface. All pressure conduits shall have a minimurn cover as follows: 3" diameter and smaller - 30"; 4" thru 8" - 36"; and 10" and larger - 42", as measured from the natural ground surface to the top of the pipe. Pressure pipe bury in unstratified rock may be raised 6" upon authorizarion from the ENGINEER. Notwithstanding the above, all pipe rnust be buried a minimum of 36" below all highway and railroad borrow ditches. 83 Changes in depth of cut for pressure lines, necessitated by conflicting existing underground utilities will not be a basis for additional compensation, but will be considered as incidental work. Such changes shall not reduce the specified pipe cover. All pressure conduit, including 3" and smaller, shall be buried a minimum of 36" below the flowline of all creeks, and those creek crossings in dirt shall be backfilled for a depth of 4" below and 6" above the top of the conduit with Class D concrete. Creek crossings in rock-bottom creeks shall be backfilled to the flowline of the creek with Class D concrete. The concrete shall extend 20 feet past the edge of the creek. The concrete backfill shall not be paid for as a separate pay item. All gravity pipelines shall have the depth of bury specified in the detail drawings, and will be concrete encased where specifically noted in the drawings, at no additional cost to the OWNER. Provide support for vertical risers as commonly found at service connections, cleanouts, and drop manholes to preclude vertical or lateral movement. Prevent the direct transfer of thrust due to surface loads and settlement, and ensure adequate support at points of connection to main lines. When excavating for a service line connection, excavate material from above the top of the existing pipe before removing rnaterial from the sides of the pipe. Materials and density of service line ernbedment should conform to the specifications for the existing line, or with this specification, whichever is more stringent. Secure caps and plugs to the pipe to prevent movement and resulting leakage under test and service pressures. Use flexible water stops, resilient connectors, or other flexible systems approved by the ENGINEER to make watertight connections to manholes and other structures. Pipe shall be protected during handling against impact shock and free fall. No cracked or damaged pipe or joint shall be installed in the line. Handle and store pipe and fittings in accordance with recommendations of the manufacturer. If faults, caverns, or subsidence are discovered during construction, all work will be halted and the ENGINEER will be contacted to inspect. TABLE I EMBEDMENT MATERIAL REQUIREMENTS Gravity Sewer Maias Particle SizeLimitations Sieve Size % Passin 1 %2" 100 #4 90-100 #200 0-10 Plasticily Index (P.I.) less than 12 84 Pressure Mains Smaller Than 6" Particle Size Limitations Sieve Size % Passin 1 %z" 100 #4 50-100 #200 5-50 Plastici Index (P.I.) less than 25 Pressure Mains 6" and Larger Particle Size Limitations Sieve Size % Passin 1 %z" 100 #4 10-100 #200 0-10 Plastici Index (P.I.) less than 12 Foundation Material (When Required) Particle Size Limitations Sieve Size % Passin 1 '/z" 100 #4 10-50 #200 0-5 Plastici Index (P.I.) less than 9 Mechanically Tamned Backfill Where specifically called for in these specifications or on the drawings, the material used in the backfill process shall be uniformly, mechanically tamped, with hand oQerated pneumatic or gasoline tools in 6" to 8" loose lifts, to 95% of standard Proctor density (ASTM 698) at slightly above optimum moisture. Mechanical compaction shall extend to the finished ground surface. The OWNER shall test at either their or the ENGINEERS discretion, and shall pay for all passing density tests. The CONTRACTOR shall only pay for failed tests. Pavement Subbase Where the drawings allow the open cutting of streets and driveways having concrete, asphalt, flexible base or other types of paving, mechanically tamped backfill shall be required beneath such paving. The mechanical tamping shall result in a subbase beneath pavement surfaces and flexible base pavement material compacted to 95% of standard Proctor density (ASTM D 698). Reinforcement of Adjacent Existing Utilities Existing cast iron, or pressurized PVC utilities approximately at right angles to this CONTRACTOR'S trench, will not require additional support or protection, other than the exercise of care in placing new facilities adjacent to same, and in placing backfill, except when 85 the unsupported span is over six feet (6), in which case the existing pipe shall be supported by concrete piers at no added cost to the OWNER. Vitrified clay, concrete pipe, and/or gravity PVC utilities, approximately at right angles to the ditch, will be removed to firm undisturbed ground on each side of the trench and the removed section replaced with cast iron pipe or pressure-type PVC without additional compensation. Note that for sewer lines crossing potable water mains, rnore restrictive requirements are stated elsewhere herein. Concrete, PVC, cast iron, steel, and clay utilities parallel to and in the edge of the trench, shall be adequately supported without additional compensation. Water and Sewer Utilities in Close Proximity The CONTRACTOR sha11 comply with the following rules which apply to installations of potable water distributian lines and wastewater collecrion lines, wastewater force mains and other conveyances/appurtenances identified as potential sources of contamination. Furthermore, all ratings specified shall be defined by ASTM or AWWA standards unless stated otherwise. When new potable water distribution lines are constructed, they sha11 be installed no closer than nine feet in all directions to wastewater collection facilities. All separation distances shall be measured from the outside surface of each of the respective pieces. Potable water distribution lines and wastewater collection lines or force mains that form parallel utility lines shall be installed in separate trenches. No physical connecrion shall be made between a drinking water supply and a sewer line. Any appurtenance shall be designed and constructed so as to prevent any possibility of sewage entering the drinking water system. Where the nine foot separation distance cannot be achieved, the following criteria shall apply. A. New Waterline Installation - Parallel Lines A.1. Where a new potable waterline parallels an existing, non-pressure or pressure rated wastewater line/force main or lateral and the licensed professional engineer licensed in the State of Texas is able to deternune that the existing wastewater main or lateral is not leaking, the new potable waterline shall be located at least two feet above the existing wastewater main or lateral, measured vertically, and at least four feet away, measured horizontally, from the existing wastewater main or lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater line. A.2. Where a new potable waterline parallels an existing pressure rated wastewater main or lateral and it cannot be determined by the licensed professional engineer if the existing line is leaking, the existing wastewater main or lateral sha11 be replaced with at least 150 psi pressure rated pipe. The new potable waterline shall be located at least two feet above the 86 new wastewater line, measured vertically, and at least four feet away, measured horizontally, from the replaced wastewater main or lateral. A.3. Where a new potable waterline parallels a new wastewater line/force main, the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new potable waterline shall be located at least two feet above the wastewater main or lateral, measured vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.. B. New Waterline Installation - Crossing Lines B.l. Where a new potable waterline crosses an existing, non-pressure rated wastewater main or Tateral, one segment of the waterline pipe shall be centered over the wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is disturbed or shows signs of lealdng, it shall be replaced for at least 9 feet in both directions (18 feet total) with at least 150 psi pressure rated pipe. B,2. Where a new potable waterline crosses an existing, pressure rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater main or lateral such that the joints of the waterline pipe aze equidistant and at least nine feet horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. If the eacisting wastewater main or lateral shows signs of leaking, it shall be replaced for at least 9 feet in both directions (18 feet total) with at least 150 psi pressure rate pipe. B,3. Where a new potable waterline crosses a new, non-pressure rated wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. The wastewater pipe shall have a minimiun pipe stiffness of 115 psi at five percent deflection. The wastewater line shall be embedded in cement stabilized sand (see clause B6 of this subpazagraph) for the totallength of one pipe segment plus 12 inches beyond the joint on each end. g,4. Where a new potable waterline crosses a new, non-pressure rated wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the potable water pipe segment shall be centered over the wastewater line. The materials and method of installation shall conform with one of the following options: 87 feet long and two nomin rt~ at flarger ive-footintelrvals with spacers or be fi led t the spring carrier pipe shall be suppo line with washed sand. The encasement pipe shall be centered on the crossmg and both ends sealed with cement grout or manufactured seal. D. Location of Fire Hydrants Fire hydrants shall not be installed within nine feet vertically or horizontally of any wastewater main, wastewater lateral, or wastewater service line, regazdless of construction. E. Location of Potable or Raw Water or Suction Lines Suction mains to pumping equipment shall not cross wastewater mains, wastewater laterals, or wastewater service lines. Raw water supply lines shall not be installed within five feet of any tile or concrete wastewater main, wastewater lateral, or wastewater service line. F. Proximity of Septic Tank Drainfields Waterlines shall not be installed closer than ten feet to septic tank drainfields. Floatation of Structures or Pivelines This CONTRACTOR shall exercise the greatest of care to prevent the displacement of any structure or pipeline by external water pressure. All such displacement shall be corrected by this CONTRACTOR at his expense, the ONTRACTOR'S expensen, the displaced structure or pipe sha11 be removed and rePlaced at Every concrete structure shall be provided with an adequate opening (properly water-stopped) to permit entrance of groundwater during construction, or an approved relief valve. Upon completion of the structure's backfill, and before placing the unit in service, these anti- floatation openings sha11 be properly plugged. All pipelines shall be immediately "blinded-in", and at least partially backfilled, to prevent floatation. Unlike Pipe Connections (ARC) Gravity lines of unlike material, of differing O.D., or incompatible type joints, shall be connected with a banded-coupling style adjustable repair coupling (ARC) with stainless stiffener and staintess steel bands, as manufec os~cted of ma erialsomeetingrAS~TM C-594 or C-425 rs shall be of the banded-coupling styl , Pressure lines of unlike material, differing O.D.'s, or incompatible joints, shall be connected with a standard fitting of like materials as specified for other fittings on the same line, unless a special fitting is called for on the drawings. Where standard fittings are not manufactured for the 89 The manholes shall not have steps. The manhole walls may be pre-cast manhole sections. All voids in the cement surface will be repaired. Lifting holes shall be repaired with hydraulic cement prior to manhole testing. If, after the manhole has been backfilled, the walls or invert show evidence of groundwater entering the manhole, the leak shall be repaired. Repairs shall be made by gouging out the defect in the concrete and repairing it with nonshrink grout, hydraulic cement, or other acceptable waterproofing agents. The completed manhole shall still pass vacuum testing as described elsewhere herein. Where manhole depth is measured for payment, the payment shall be measured from the top of the cast iron cover to the outlet flowline of the manhole. Where manholes aze a unit price item, the itern shall include the inflow insert and chimney seal as specified herein. The CONTRACTOR shall be responsible for any additional cost incurred if field conditions necessitate a change in manhole depth after the pre-cast units are ordered. Grout all interior joints with hydraulic cement. All new/replacement manholes shall be vacuum tested as described elsewhere herein. All new/replacement manholes located in or directly next to pavement shall have a concrete pad constructed around the ring. The use of brick for manhole construction is not allowed in this project. Similazly, the use of bricks to adjust manhole rings to grade is not acceptable. Where the adjustment of manhole ring elevation is required, the CONTRACTOR shall utilize the precast concrete adjustment rings for this purpose. All interior concrete surfaces of all new manholes shall be coated with a corrosion resistant coating as specified elsewhere herein. A water stop such as Ram-Neck sha11 be used between manhole and grade rings, as necessary. All interior surfaces of all manholes constructed in this project shall be coated with 2-part corrosion resistant coating. The coating shall consist of a primer coat of Tnemec Series 66, Hi- Build Epoxoline followed by a finish coat of the same material. Coatings shall be installed in strict conformance with the coating manufacturers recommendation, including a minimum 28- day curing period for all concrete surfaces prior to coating. Color sha11 be tan or light gray. Coating shall be applied before installation, by the CONTRACTOR, once the precast manhole sections have been delivered to the job site, or factory applied. Fiberglass Manhole Fiberglass reinforced manholes scheduled as replacements shall be manufactured from commercial grade polyester resin or other suitable polyester or vyinyl ester resins with fiberglass reinforcements. Manhole shall be a one piece unit manufactured to meet or exceed all 91 The manhole shall provide an area from which a grade ring can be installed to accept a 30-inch diameter metal ring and cover and have the strength to support H-20 traffic loading without darnage to the ring, cover, or manhole. The grade ring should be extended past the perimeter of the manhole at least 1-inch in order to transfer as much of the load as practical to the exterior wall of the manhole. Exterior and interior surfaces shall be free of delaminations, bubbles, wrinkles, or exposed fibers. Do not lift the manhole with direct contact with chains or cable. Manholes shall have the anti-floatation ring to be set in 3,000 psi concrete a minimum of 4- inches. The manholes shall be mechanically tamped backfill per the mechanical tamped backfill specification located elsewhere herein, or backfilled with crushed stone. Manhole Castin~s Manhole cover and frame shall be PAMREX or approved equal. Cover and frame shall be manufactured from ductile iron. Covers shall be hinged and incorporate a 90-degree blocking system to prevent accidental closure and come complete with hinge infiltration plug. Covers shall be one-man operable using standard tools and shall be capable of withstanding a test load of 120,000 lbs. Frames shall be circular and shall incorporate a seating ring, and have a 30-inch clear opening. The frame depth shall not exceed 4-inches, and the flange shall incorporate bedding slots and bolt holes. All components shall be black asphalt coated. Mazking indicating "Sanitary Sewer" or "Sewer" cast onto the cover is required. Ribs will be cast on the underside of the cover as needed, for reinforcement. The combined ring and cover weight shall not be less than 195 pounds. Recommended source is through James Cox with Jim Cox Sales, Inc, (817) 501-5832. CONTRACTORS providing other than Pamrex shall include inflow inserts specified elsewhere herein. Manhole Drop Structures Where the incoming and outgoing sewers in manholes have a difference in flowline elevations exceeding 30" (unless shown otherwise on drawings), the incoming sewer will have an outside drop as per the detail drawings. The concrete manhole base will be enlarged to extend under the drop section. T'he drop section shall be made of standard pipe and fittings, which shall be completely encased in concrete resting on the enlazged manhole base. 93 Inflow Inserts £or Manholes Where the CONTRACTOR provides other than Parnrex ring and covers, the insert shall be a "Rain Sentry" watertight inflow insert, as manufactured by Irnproved Construction Methods, Inc., Jacksonville, Arkansas; or "RainGuard", by LF Manufacturing, Giddings, Texas; complete with 1 psi relief valve, nylon strap handle, and closed cell neoprene gasket. Relief valve shall not have a water leak down rate in excess of 5 gpd. Manhole Realacement Where it is indicated on construction drawings "REPLACEMENT MANHOLE", the GONTRACTOR shall remove and replace existing manholes with new concrete manholes meeting the technical specification for "Manholes" and "Manhole Removal" elsewhere herein. The CONTRACTOR shall maintain sewage flow during construction of the new manhole. Two possible ways of accomplishing this are described herein. CONTR.ACTOR may propose alternate methods for approval by the ENGINEER. First option would be to install a temporary piping arrangement similar to "Temporary Piping Around Replacernent Manhole During Construction" construction detail. The second option would be to pump around the manhole under construction. This would require locating each upstream manhole for each sewer line flowing into the manhole under construction, plugging each line out of each upstream manhole to prevent sewage flow out of rnanholes and then installing portable pump at each upstream manhole, capable of pumping sewage flows entering manhole, in a temporazy discharge line to first manhole downstream of manhole under construction. If the second option is used, the CONTRACTOR shall provide full time personnel monitoring the various pumps and piping to ensure all are operating properly, and discharge hoses shall not obstruct traffic. Whichever option is chosen to maintain sewage flow, the CONTRACTOR is solely responsible for the installation, operating, maintenance and removal of any and all pieces of equipment, materials or products used. Furthermore, the CONTRACTOR shall, at no time, allow the flow of sewage from new or existing manholes and existing or temporary piping to be discharged into or onto any structure or surface which has not been installed for the specific purpose of carrying sewage flows. Such illegal discharge would be grounds for withholding payment. Manhole Vacuum Testin All replacement manholes shali be vacuum tested by the CONTRACTOR in the presence of the OWNER'S representative for sources of infiltration. 1. Manholes shall be tested with all connections (existing and/or proposed) in place. 2. Drop-connections and ring castings sealing connections shall be installed prior to testing. 3. All lift holes and exterior joints shall be plugged with an approved non-shrink grout. However, no horizontal joints shall be plugged prior to testing. 94 4. The lines entering the manhole shall be temporarily plugged with the plugs braced to prevent them from being drawn into the manhole. The plugs shall be installed in the lines beyond drop-connections, sealing connections, etc. A test head shall be placed at the inside of the top of the frame of the manhole ring with the cover removed. The • seal shall be inflated/sealed in accordance with the manufacturer's recommendarion. 6. A vacuum of 10 inches of inercury shall be drawn on the inside of the manhole and the vacuum pump shut off: The manhole shall pass the test if, after 2 minutes and with all valves closed, the vacuum is at least 9.0 inches of inercury. 7. If the manhole fails the initial test, necessary repairs shall be made with a non-shrink grout. If the manhole fails the vacuum test for a second time, the CONTRACTOR may either replace the manhole or use a hydrostatic test which complies with section 217.58(b)(1) of the TCEQ rules. If the manhole is replaced, then it must be vacuum tested as previously described. If hydrostatic testing is used, then the maximum allowable leakage is 0.025 gallons per foot of depth (from flowline to the top of the frame) per foot of diameter per hour. The test will conducted over a one-hour period minimum. The CONTRACTOR shall furnish accurate measuring devices to quantify the amount of water requued to refill the manhole at the end of the test period. Regardless of test results, if a manhole shows evidence of groundwater entering through the concrete wall, joints, or. floor of the manhole, the CONTRACTOR shall locate the point of entrance and take whatever steps are necessary to permanently stop the leak, such as drilling, chipping, or gas-gouging out defective concrete or gasket material, and replacing it with equipment grout, cement grout or other acceptable waterproofing agents. Pavement Repairs a. All city streets and private driveways, open cut by this CONTR.ACTOR, sha11 be repaired by this CONTRACTOR. Prior to repair, this CONTRACTOR shall maintain the access over such open cuts in a passable condition to vehicular traffic, regardless of weather conditions. The subbase shall be a 6" compacted thiclrness of natural on-site material, compacted to 95% standard Proctor ASTM 1557 at slightly above optimum moisture content, and placed on backfill which shall have been placed in mechanically tamped lifts of 8" to 95% standard Proctor density. The finished pavement surface shall conform to the shape and sections shown on the drawings and to adjacent undisturbed surfaces. All worlmianship and rnaterials shall be in strict accordance with the 2004 standard specifications for "Construction of Highways, Streets, and Bridges" as published by the Texas Depa.rtment of Transportation. 95 The pavement wearing surface shall not vary more than 1/4 inch when measured with a 10-foot straightedge laid on the surface in a direction parallel to the crown. All adjacent structures and painted surface shall be protected from asphalt spray and drift by covering with paper or in a manner acceptable to the ENGINEER. No liquid asphalt will be allowed to mar the appearance of finished concrete structures. This CONTRACTOR shall be responsible, during the contract maintenance period, to correct any holes, blemishes, depressions, and surface irregularities in the pavement surfaces caused by his faulty workmanship, materials, or heavy equipment, or earth settlement. Where pavement repairs are itemized in the bid schedule, the payment limits are determined by the dimensions shown in the detail drawings. Where pavement repairs are not itemized in the bid schedule, they are considered incidental to other work and are not a separate pay item. b. Gravel, crushed rock or iron ore - Gravel, crushed rock or iron ore surfaces sha11 be repaired to the existing thickness, but not less than 6". They shall be compacted to 95% standard Proctor ASTM D-698 at optimum moisture. c. Asphalt Pavement Repairs - Asphalt pavement shall be repaired with like base material of a thickness equal to that existing, but in no case less than 6" compacted thickness. The crushed rock base shall meet all applicable requirements of Texas Department Transportation, Itern 247 Type A, Grade 1 or 2. The asphalt wearing surface shall be Item 340, Type D, hot-mixed, hot-laid and shall have a compacted thickness of 1-1/2". The flexible base shall be tack coated prior to the asphalt overlay with 0.20 gallon per squaze yard of MC-30. The asphaltic wearing surface shall be rolled with a flat steel wheel roller. d. Concrete pavement and driveway repairs - Concrete pavement walks, and drives shall be repaired immediately. The repair width shall be the width of the trench plus 6" on either side thereof. The line along which the pavement is removed shall be sawed a minimum of 1-1/2" deep before pavement is broken out. The thickness shall be not less than that existing, but in no case less than 5" for streets, 4" for driveway approaches and sidewalks. Any existing reinforcement steel shall be cut and bent back for concrete rernoval and then rebent and tied into place prior to concrete placernent. All cut reinforcement shall be spliced with equal size bars of a length equal to 30 diameters, or wire mesh. Exisring concrete work that is non-reinforced shall be replaced as non-reinforced. Concrete for street pavement and curb and gutter shall be Class A. For drives and walks it shall be Class B. 96 e. Oil pavement repairs - Oil pavement shall have a repaired thickness equal to that existing, but in no case less than 3" compacted thickness. Oil base pavement shall be composed of native sand and road oil. The sand and road oii will be mixed in proportion to one cubic yard (1 c.y.) of sand material per eleven (11) gallons of road oil. Materials shall be mixed by mechanical means until a homogenous mix is obtained. The installed mixture shall be thoroughly compacted. f. Unimproved street surface repairs - Unimproved streets shall be repaired by standard backfill operations as specified herein, with mechanical compaction to 95% standard proctor compaction. However, care shall be taken to insure the finished backfill is of similar type material to that of the existing unimproved road, i.e. sandy top soil should have a similar backfill surface and not clay, shale, etc. Concrete Concrete for any use on this project shall be uniform and workable, and shall be mixed in a central plant and transported to the job site in agitator type trucks. Tirne elapsed between the addition of water to the cement and final placement of the concrete shall not exceed 45 minutes. Water used for mixing shall be approved for drinking by the Texas Cornmission on Environmental Quality. Coarse aggregate shall be sound, durable, and free of frozen lumps or deleterious material. Gradation will meet TxDOT 2004 standard specification item 421, aggregate grade #4. Fine aggregate shall consist of clean, hazd, durable and uncoated particles of natural masonry sand, shall meet TxDOT 1993 standard specifications, item 421, 421.2(5). Cement shall be Type I Portland cement from an approved manufacturer. No admixtures will be permitted without prior approval of the ENGINEER. Concrete for use in structures, paving, or where, in the opinion of the ENGINEER, a higher quality mix is necessary, shall be Class A, 6-sack, with a maximum water/cement ratio of 6.0 and a minimum 28-day compressive strength of 3500 psi, and a rnixture to entrain 4 to 6% air. All other conerete shall be Class B- 5-sack, with a maximum water/cement ratio of 8.0 and a minimum 28-day compressive strength of 3000 psi, except that pipeline blocking and encasement may be Class D- 4-sack, with a maximum water/cement ratio of 8.0 and a minimum 28-day compressive strength of 1500 psi. Concrete shall not be placed on frozen subgrade, in freezing weather, or in standing water. It shall be allowed to obtain its initial set before backfilling thereon. Exposed items shall be formed, with a neat finished appearance, true, plumb and square. Earth forms may be used for buried items. Unless otherwise specified, all reinforcing steel will be Grade 60, deformed bars. Concrete for use on this project shall not be a separate pay item. 97 covers shall be delivered to the OWNER. Excavated manhole sections and excavated material shall be disposed of at locations acquired by the CONTR.ACTOR at no additional cost to the OWNER. Construction Water This CONTRACTOR shall pay for all construction and testing water. He will pay the bill directly to the supplier. Construction Electricitv This CONTRACTOR shall pay for all construction and testing electricity. The construction meter shall be in the CONTRACTOR'S name, and he shall pay the power company directly. No Blasting The CONTRACTOR shall not use explosives for any purpose in the prosecution of this work. Sanitation Necessary sanitation conveniences for the use of laborers on the work shall be furnished and maintained by the CONTRACTOR, in acceptable locations properly secluded from the public, and their use shall be enforced. PVC Plastic Pipe - Gravitv Sewers Polyvinyl Chloride (PVC) plastic sewer pipe shall have integral wall bells and shall be recommended by its manufacturer for use as a gravity sewer conduit. Provisions must be made for contraction and expansion at each joint, with a rubber ring. The bell shall consist of an integral wall section, stiffened with two PVC stiffening rings which securely lock the solid cross- section rubber ring into position. The rubber ring shall conform to ASTM F-477. The pipe shall be made from clean, virgin PVC compound conforming to ASTM resin specifications D1784. Clean reworked material generated from the manufacturer's own pipe production may be used. SDR PVC pipe furnished under this specification may be manufactured in three standard laying lengths-20 feet, 12-1/2 feet, and 10 feet and shall conform to ASTM D-3034, SDR 35. Pipe wall shall be marked as to manufacturer, SDR rating, ASTM D-3034 and run number. Pipe joints shall conform with ASTM D-3212. Where the drawings specify new SDR 26 PVC pipe, the finished pipe shall conform to ASTM D-2241, and the gasket joint to ASTM D-3139. Each joint shall bear the seal of approval of NSF, indicating that the pipe is suitable for conveying potable water. The pipe shall bear markings on each run or lot. Manufacturer's certificate of test and compliance shall be furnished on all PVC pipe. 99 Minimum allowable tensile strength is 7000 PSI and cell class shall be 12454-B. All physical and chemical tests shall be conducted at 73°F. Pipe shall not deflect in excess of 5% of its original diameter under this project's design conditions and shall have a pipe stiffness equal to 45.0 F/Y or better. Any plastic pipe field inspected and found not to conform to these specificarions as to wall thickness, coloration, texture, or diameter shall be rejected, and all pipe of the same run or lot number shall be rejected and replaced with acceptable pipe at the CONTRACTOR'S expense. Field tests will be made on random samples of pipe. Minimum acceptable wa11 thicknesses for PVC gravity sewer are as follows: SDR 35 PIPE SIZE WALL THICKNESS 4" 0.120 inch 6" 0.180 inch 8" 0.240 inch 10" 0.300 inch 12" 0.360 inch SDR 26 WALL THICKNESS 0.173 0.255 0.332 0.413 0.490 100