CAMERON COUNTY CAMERON COUNTY COMMISSION Hon. Pete Sepulveda, Jr. County Judge Ms. Sofia C. Benavides County Commissioner, Pct. 1 Mr. Alex Dominguez County Commissioner, Pct. 2 Mr. David A. Garza County Commissioner, Pct. 3 Gus Ruiz County Commissioner, Pct. 4 BID NO. 160801 LAS PALMAS WASTEWATER SYSTEM IMPROVEMENTS AND YARD-LINE CONNECTIONS PROJECT RESPONSE DUE: NOVEMBER 1, 2016 1 TABLE OF CONTENTS DOCUMENT SECTION 1: Page BID PROPOSAL DOCUMENTS A. CAMERON COUNTY PURCHASING DEPT. BID DOCUMENTS Invitation to Bid .................................................................................................................. 5 Bid Check List .................................................................................................................... 6 Instructions for Submitting Bids ......................................................................................... 7 Conflict of Interest Questionnaire ....................................................................................... 8 Texas Ethics Commission (Form 1295)......................................................................... 9-14 Attachment A – Vendor References ................................................................................. 15 Attachment B – Affidavit .................................................................................................. 16 Attachment C - Residence Certification ........................................................................... 17 Attachment D – Bidders Prohibited to Lobby County Official(s) Rule ........................... 18 Attachment E - Order Adopting Contracting Rules ......................................................... 19 Attachment F – Certification Regarding Debarment, Suspension, Ineligibility ............... 20 Attachment F-2 – Architects, Engineers, Construction .................................................... 21 Attachment G – Certificate Regarding Resolution Requiring Minimum Wage ............... 22 Attachment H – Conflict of Interest Questionnaire ..................................................... 23-24 Attachment I – Disclosure of Interest .......................................................................... 25-26 General Terms and Conditions .................................................................................... 27-36 B. TxCDBG CONSTRUCTION BID PACKAGE/REQUIRED CONTRACT DOCUMENTS Invitation for Sealed Bids ................................................................................................. 37 Instruction to Bidders for Construction ....................................................................... 38-41 Bid Proposal ................................................................................................................. 42-45 Notice of Award ................................................................................................................ 46 Standard Form of Agreement ............................................................................................ 47 Statement of Bidder’s Qualifications ................................................................................ 48 Contractor Certifications ................................................................................................... 49 Policy on Nondiscrimination on the Basis of Disability ................................................... 50 Contractor’s Certification Concerning Labor Standards and Prevailing Wage ................ 51 Non-Collusion Affidavit of Prime Bidder......................................................................... 52 Bid Bond ...................................................................................................................... 53-54 Payment Bond .............................................................................................................. 55-56 Performance Bond........................................................................................................ 57-58 Attorney's Review Certification ........................................................................................ 59 List of Sub-Contractors ..................................................................................................... 60 Sample Addendum Form .................................................................................................. 61 SECTION 2: GENERAL CONDITIONS/BID PROPOSAL DOCUMENTS General Conditions – Part I for Construction .............................................................. 62-79 Wage Rate Issuance Notice ............................................................................................... 80 Federal Labor Standards Provisions (HUD-4010) ....................................................... 81-85 2 SECTION 3: CIVIL RIGHTS-EEO-SECTION 3 FORMS Equal Opportunity Guidelines for Construction Contractors (A1001) ........................ 86-87 Contractor’s Local Opportunity Plan ................................................................................ 88 Proposed Contract Breakdown.......................................................................................... 89 Section 3 Exhibit A- N ............................................................................................... 90-104 APPENDIX A – DAVIS BACON WAGE RATES ................................................................................................ 4 B – REQUIRED CONTRACT PROVISIONS ............................................................................... 10 3 DOCUMENT SECTION 4: Pages TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 01019 01025 01039 01046 01300 01325 01380 01460 01500 01555 01561 01571 01576 01578 01610 01700 01713 01725 01740 01785 SUMMARY OF WORK ..................................................................................................... 4 CONTRACT CONSIDERATIONS ................................................................................... 2 MEASUREMENT AND PAYMENT ................................................................................ 6 COORDINATION AND MEETINGS ............................................................................... 4 TEMPORARY BYPASS PUMPING SYSTEM ................................................................ 4 SUBMITTALS.................................................................................................................... 6 CONSTRUCTION SCHEDULE ........................................................................................ 4 CONSTRUCTION PHOTOGRAPHS AND VIDEO......................................................... 2 LABORATORY AND INSPECTION SERVICES ........................................................... 4 TEMPORARY FACILITIES .............................................................................................. 6 TRAFFIC CONTROL AND REGULATION .................................................................... 2 TRENCH EXCAVATION AND SHORING SAFETY PLAN ......................................... 6 STORM WATER POLLUTION PREVENTION PLAN ................................................... 2 WASTE MATERIAL DISPOSAL ..................................................................................... 2 CONTROL OF GROUNDWATER AND SURFACE WATER ....................................... 4 BASIC PRODUCT REQUIREMENTS ............................................................................. 4 PROJECT CLOSEOUT PROCEDURES ........................................................................... 2 MOBILIZATION................................................................................................................ 2 FIELD SURVEYING ......................................................................................................... 2 WARRANTIES .................................................................................................................. 4 PROJECT RECORD DOCUMENTS ................................................................................. 2 DIVISION 02 - SITE CONSTRUCTION 02083 02224 02242 02315 02317 02536 02537 02550 02687 FIBERGLASS WASTEWATER MANHOLES ............................................................... 8 STRUCTURAL EXCAVATION AND BACKFILL ......................................................... 6 CEMENT-STABILIZED SAND BACKFILL .................................................................. 2 EXCAVATION, TRENCHING AND BACKFILL ........................................................ 12 EXCAVATION AND BACKFILL FOR UTILITIES...................................................... 12 FRAMES, GRATES, RINGS, AND COVERS .................................................................. 2 SANITARY SEWER PIPE WORK ................................................................................. 10 ADJUSTING MANHOLES, INLETS, AND VALVE BOXES TO GRADE ................... 2 TESTING OF INSTALLED PIPING SYSTEMS ............................................................ 14 DIVISION 03 – CONCRETE 03001 03112 03210 CONCRETE........................................................................................................................ 8 CONCRETE STRUCTURES ........................................................................................... 14 REINFORCING STEEL ..................................................................................................... 4 4 SECTION 1: BID PROPOSAL DOCUMENTS CAMERON COUNTY PURCHASING DEPARTMENT INVITATION TO BID BID NUMBER: 160801 BID TITLE: LAS PALMAS WASTEWATER SYSTEMS IMPROVEMENTS AND YARD-LINE CONNECTION PROJECT DATE DUE: November 1, 2016 DUE NO LATER THAN 11:00 A.M. Bids/ RFP’s / RFQ’s will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 11:01 a.m. (as per Purchasing Dept. time clock) on deadline due date. Bids received later than the date and time above will not be considered. Please return bid ONE (1) ORIGINAL in sealed envelope. Be sure that return envelope shows the Bid Number, Description and is marked “SEALED BID”. RETURN BID BY U.S. MAIL OR DELIVERED TO: The Office of Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E. Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520. For additional information or to request addendum contact: Diane Solitaire, Materials/Warehouse Manager, via email at [email protected]. You must sign below in INK; failure to sign WILL disqualify the offer. All prices must be typewritten or written in ink. Company Name: Company Address: City, State, Zip Code: Historically Underutilized Business (State of Texas) Certification VID Number: Telephone No. Fax No. e-mail: Print Name:________________________________________Signature:____________________ How did you find out about this Bid? _______________________________________(ex: Newspaper, Web, Mail) Is Bidder’s principal place of Business within Cameron County? If yes what City:____________________________ Yes - No (Your signature attests to your offer to provide the goods and/or services in this bid according to the published provision of this bid. When an award letter is issued, this Bid becomes the contract. If a Bid required specific Contract is to be utilized in addition to this Bid, this signed Bid will become part of that contract. When an additional Contract is required a Bid award does not constitute a contract award and Bid / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued. 5 CHECK LIST Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Offeror’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your bid packet. _X__ Cover Sheet Your company name, address and your signature (IN INK) should appear on this page. _X__ Instructions to Bidders You should be familiar with all of the Instructions to Bidders. ____ Special Requirements This section provides information you must know in order to make an offer properly. _X__ Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. _X__ Attachments A, B, C, D, E, F, F-2, G, H, I (Be sure to complete these forms and return with packet.) _X__ Bid Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. All public work contracts over $25,000 require a Payment Bond and over $100,000 must also have a Performance Bond in a form approved by the County. Please read carefully and fill our completely. _X__ Minimum Insurance Requirements Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. ____ Financial Statement When this information is required, you must use this form. Other - Final Reminders to double check before submitting BID/RFP/RFQ ____ ____ ____ ____ ____ Is your bid sealed with bid #, title, Bidder Name, & return address, on outside? Did you complete, sign and submit page 1? Did you complete and submit attachments A, B, C, D, E, F, F-2, G, H, I? Did you provide the number of copies as required on the cover page? Did you visit our website www.co.cameron.tx.us/purchasing/specs_notices.htm for any addendums? If not interested in Bidding please let www.co.cameron.tx.us/purchasing/feedback.htm us know why by feedback at: 6 INSTRUCTIONS FOR SUBMITTING BIDS These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Bidder”) on behalf of Solicitations including, but not limited to, Invitations to Bid. Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your bid with all appropriate supplements and/or samples. Prior to returning your sealed bid response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web at: http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_an d_tabs.php Addendums Column (updated Addendums). These Addendums must be signed and returned with your bid in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual Bid award information can be accessed at: http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_an d_tabs.php Review this document in its entirety. Be sure your Bid is complete, and double check your Bid for accuracy. Cameron County is an Equal Employment Opportunity Employer. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the bidder as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any bid NOT MEETING the Minimum Requirements specified will be rejected. GOVERNING LAW: This invitation to bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, 262.021 et seq., as amended. Bidders shall comply with all applicable federal, state and local laws and regulations. Bidders are further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions results in a change or addition to this Bid, the Change(s) and addition(s) will be forwarded to all vendors involved (as quickly as possible) in the form of a written addendum only. Verbal changes to Bids must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to Bids will not apply. Sign the Vendor’s Affidavit Notice, complete answers to Attachments A, B, C, D, E, F, F-2, G, H, & I and return all with your Bid. 7 CONFLICT OF INTEREST QUESTIONNAIRE: For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions. Conflict of Interest Questionnaire can be downloaded at the following web site: http://www.co.cameron.tx.us/purchasing/docs/conflictofinterest.pdf DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.” Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. Disclosure of Interest Form can be downloaded at the following web site: http://www.co.cameron.tx.us/purchasing/docs/DisclosureofInterest.pdf 8 TEXAS ETHICS COMMISSION FORM 1295 All Bids prior to award or award of Contract by Commissioner’s Court will require the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor. All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted, printed and notarized. Notarized form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of Bid award. There is no charge for this TEC online process. Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm ) If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “ Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question/Answers and Video instructions. http://www.co.cameron.tx.us/administration/purchasing_department/index.php BIDDER SHALL SUBMIT BID ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE BID PACKET. In the event of inclement weather and County Offices are officially closed on a bid deadline day, bids will be received until 2:00 p.m. of the next business day, for opening at upcoming Commissioner’s Court meeting. BIDS SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. BIDDERS MAY ATTEND PUBLICLY HELD COMMISSIONER’S COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding bidders are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: http://www.co.cameron.tx.us/judge/agenda.htm SUCCESSFUL VENDOR WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding the outcome of the award. OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other bidders, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your bid package. 9 PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR BID. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. Each bid shall be placed in a separate envelope completely and properly identified with the name and number of the bid. Bids must be in the Purchasing Department BEFORE the hour and date specified. 2. Bids MUST give full firm name and address of the bidder. Failure to manually sign bid will disqualify it. Person signing bid should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. 3. Bids CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason. 4. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN BID. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent. 5. Any Catalog, brand name or manufacturer’s reference used in a bid invitation is descriptive-NOT restrictive-it is to indicate type and quality desired. Bids on brand of like nature and quality will be considered. If bid is based on other than reference specifications, proposal must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete descriptions should be made part of the bid. If bidder takes no exception to specifications or reference data, he will be required to furnish brand names, numbers, etc. as specified. 6. Samples, when requested, must be furnished free of expense to the County. If not destroyed in examination, they will be returned to the bidder on request, at his expense. Each sample should be marked with bidder’s name, address, and County bid number. DO NOT ENCLOSE OR ATTACH SAMPLE TO BID. County user Depts. reserves the right to make the final determination as to equivalents. 7. Written and verbal inquires pertaining to bids must give Bid Number and Company. 8. NO substitutions, changes or cancellations permitted without written approval of Purchasing Agent. 9. The County reserves the right to accept or reject all or any part of any bid, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total bid. Prices should be itemized. County also reserves the right to award either with or 10 without trade-in, if applicable. Cameron County retains the option to re-bid at any time if in its best interest and is not automatically bound to renewal or re-bid. . The County reserves the right to hold all Bids for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this bid award) as the need arises. The County also reserves the right to consider CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County. 10. Bid unit price on quantity specified – extend and show total. In case or errors in extension, UNIT prices shall govern. . If both alphabetic and numeric (unit prices) are required and a discrepancy is found between both on the same line item whichever unit price confirms the line total will govern. If neither confirms then the alphabetic price will govern. If there is no line total requested then the alphabetic unit price shall govern. If combined / sum of line totals do not match the Bid total then the Bid total will be corrected to reflect the sum of the line totals. If there is a discrepancy between the alphabetic and numeric Base Bid Total / Total Bid amount, the alphabetic Base Bid Total / Total Bid will take precedence. Bids subject to unlimited price increase will not be considered, but limited to Preventive Maintenance Annual Local Labor Union Wage Rate adjustments. ALL PRICING WILL REMAIN FIRM UNLESS THIS BID ALLOWS FOR OPEN MARKET PRICE INCREASES (AS SO SPECIFIED WITHIN). When inserting number of days or percentage % in Bid (ex: number of days to deliver or install or complete work, etc. or percentage over vendor’s cost or percentage discount off list price) avoid using a range (ex: 30-90 days or 15% to 20 % cost plus) but use only one number for number of days or percentage. If a range is used the County will consider the higher number or worst case scenario from the County’s standpoint in making bid comparisons / tabulations. 11. This is a bid inquiry only and implies no obligation on the part of Cameron County. 12. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by Cameron County. 13. Partial bids will not be accepted unless awarded by complete category or line item. To be awarded by Total Bid. 14. It is expected that the bidder will meet all state and federal safety standards and laws in effect on the date of the bid for the item(s) being specified, and the particular use for which they are meant. 15. It is the responsibility of the bidder to ask any and all questions the bidder feels to be pertinent to the bid. Cameron County shall not be required to attempt to anticipate such questions for bidders or. Cameron County will endeavor to respond promptly to all questions asked. PURCHASE ORDER AND DELIVERY: The successful Bidder shall not deliver products or provide services without a Cameron County Purchase Order, signed by an authorized agent of the Cameron County Purchasing Department. The fastest, most reasonable delivery time shall be 11 indicated by the Bidder in the proper place on the Pricing/Delivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Cameron County without prejudice to other remedies provided by law. Where delivery times are critical, Cameron County reserves the right to award accordingly. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of their intention to cure and may then make a conforming tender within the contract time but not afterward. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be effected by modification as provided for in clause 20, “Modifications”, hereof. The terms of this agreement are “no arrival, no sale”. DELIVERY TERMS AND TRANSPORTATION CHARGES: Bid must show number of days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates bidder to complete delivery in 14 calendar days. A five day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bidder list. An accurate delivery date must be quoted on the “Bid Form”. When there are various items, a delivery date must be included with each item quoted. Freight and shipping charges to Cameron County must be included in the bid price. Final location will be supplied to the vendor on award of bid, F.O.B. destination. Delivery locations will be: Various County Building locations. Delivery days after receipt of order (ARO). Specify all (various) dates by categories or item if different ______________. If delay is foreseen, contractor shall give written notice to Director of Purchasing. The County has the right to extend delivery date if reasons appear valid. Contractor must keep County advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorized the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless otherwise noted in bid. 12 VARIATION IN QUANTITY: The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein. SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. INSPECTION: Upon receiving item(s), they will be inspected for compliance with the Bid Specifications. If the item(s) do not pass inspection, the vendor will be required to pick up the rejected item(s) at the delivery point, provide the necessary replacement, and return the item(s) to the original point of delivery. All items proposed shall be new, in first class condition, including containers suitable for shipment and storage (Cameron County prefers recycled packaging whenever possible), unless otherwise indicated in bid. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to Purchaser’s approval. Unsatisfactory material will be returned at Seller’s expense. Cameron County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Bidder cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate. TESTING: Cameron County reserves the right to test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 13 INVOICES AND PAYMENTS: (a) The vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN: Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery or services rendered. Our Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or City Sales Tax. County shall furnish tax exemption certificate if required. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction. Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services. Vendor shall submit seven (7) copies of an itemized invoice showing BID number and purchase order number to: CAMERON COUNTY AUDITOR ACCOUNTS PAYABLE 1100 EAST MONROE ST., BROWNSVILLE, TEXAS 78520 Please note that any payment due under this bid award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County. PAYMENT DISCOUNT: Indicate the payment discount(s) available depending on when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice. All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this BID in excess of the amounts quoted. 14 Attachment A Bid Title _______________________ Bidders Name___________________ VENDOR REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this bid. REFERENCE ONE Government/Company Name: Address: Contact Person and Title: Phone: e-mail address: Contract Period: Scope of Work: REFERENCE TWO Government/Company Name: Address: Contact Person and Title: Phone: e-mail address: Contract Period: Scope of Work: REFERENCE THREE Government/Company Name: Address: Contact Person and Title: Phone: e-mail address: Contract Period: Scope of Work: THIS FORM MUST BE RETURNED WITH YOUR BID. 15 Attachment B AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final and if bid is accepted (within 90 days unless otherwise noted by vendor), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. STATE OF TEXAS COUNTY OF CAMERON BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared ______________________________________________________________________________ who, after having first been duly sworn, upon oath did depose and say; That the foregoing bid submitted by___________________________________________ hereinafter called “Bidder” is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder. The bidder is not a member of any trust, pool, or combination to control the price of products or services bid on, or to influence any person to bid or not to bid thereon. I further affirm that the bidder has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted Bid. The contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name and Address of Bidder: ________________________________ ________________________________ ________________________________ Telephone number_________________ Fax number______________________ Signature ________________________ Name: __________________________ Title:____________________________ SWORN TO AND SUBSCRIBE BEFORE ME THIS _______day of _____________, 20___. _______________________________________ Notary Public in and for the State of Texas THIS FORM MUST BE RETURNED WITH YOUR BID 16 Attachment C RESIDENCE CERTIFICATION Pursuant to Texas Government Code 2252.001 et seq., as amended, Cameron County requests Residence Certification. 2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of 2252.001 are stated below: “Nonresident bidder” refers to a person who is not a resident. “Resident bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. I certify that ___________________________________________________is a Resident (Company Name) Bidder of Texas as defined in Government Code 2252.001. I certify that ________________________________________________ is a Nonresident (Company Name) Bidder as defined in Government Code 2252.001 and our principal place of business is _______________________________________________________________. (City and State) THIS FORM MUST BE RETURNED WITH YOUR BID 17 Attachment D BIDDERS PROHIBITED TO LOBBY COUNTY OFFICIAL(S) RULE CAMERON COUNTY EXPRESSLY REQUESTS THAT BIDDERS / PROPOSERS NOT DISCUSS THIS ENGAGEMENT OR THIS BIDDER’S / PROPOSER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER BIDDERS / PROPOSERS OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-BID OR PRE-PROPOSAL CONFERENCES, EVALUATION COMMITTEE SCHEDULED VENDOR PRESENTATIONS OR VENDOR INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE PURCHASING AGENT /PURCHASING DEPARTMENT AT ANY TIME. FROM BID OPENING DATE THROUGH COMMISSIONERS COURT MEETING FOR SELECTION, VENDORS SHALL NOT APPROACH THE COUNTY JUDGE OR COMMISSIONERS TO DISCUSS MATTERS PERTAINING TO THIS BID. 01. Has any individual with the firm submitting this Proposal/Bid/Response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Invitation to Bid/RFP/RFQ, other than questions to the Assistant County Auditor/Purchasing Officer? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 02. Has any individual with the firm submitting this Proposal/Bid/Response made any contact with any other Bidder or Proposer concerning this Invitation to Bid/RFP/RFQ? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _________________________________________ Signature of person submitting this Bid _________ Date THIS FORM MUST BE RETURNED WITH YOUR BID 18 Attachment E ORDER NO. 2007O2005 THE STATE OF TEXAS COUNTY OF CAMERON § § § ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY WHEREAS, pursuant to V.T.C.A., Local Government Code, Section 262.0276, a commissioners court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county; WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules; NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County: 1. Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest bidder or successful proposer; and 2. For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due. 3. For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court. ADOPTED this 13 day of March, 2007. 01. Is the person or the firm submitting this Bid current with all local and State taxes? ________ _____________________________________________________ Signature of person submitting this Bid ______ Date THIS FORM MUST BE RETURNED WITH YOUR BID 19 Attachment F Certification Regarding Debarment, Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the applicant certifies, to the best of his or her knowledge and belief, that both it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; b. Have not within a three-year period preceding this bid/proposal and/or application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid/proposal and/or application had one or more public transactions terminated of cause or default. Signature: Print Name: Title: Telephone Number: Date: If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR BID 20 Attachment F-2 Architects, Engineers, Construction The applicant certifies, to the best of his or her knowledge and belief, that the information noted below for it and its principals are accurate: a. List all previous law suits with Public entities and the results of such suits over the past 7 years. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________________ b. List all projects that have exceeded Budget, what % over budget and why – over the past 5 years. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________________ c. List all projects that have exceeded the project completion due date, how many days over and why – over the past 5 years. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _____________________ Signature: Print Name: Title: Telephone Number: Date: If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR BID (Attach pages if necessary due to space limitations) 21 Attachment G Certification Regarding Resolution Requiring Minimum Wage Rate As is required by Resolution No. 2008R12092: A RESOLUTION IN SUPPORT OF MAINTAINING A HIGHER MINIMUM WAGE REQUIREMENT FOR ALL CONTRACTORS DOING WORK FOR CAMERON COUNTY The applicant (Bidder) certifies, to the best of his or her knowledge and belief, that the Prime Contractor and Subcontractor contracts shall explicitly include a minimum wage of $8.50 per hour for all full time and part time employees hired by the prime and subcontractors for any and all work performed for Cameron County in this Bid. Signature: Print Name: Title: Telephone Number: Date: If the Bidder/Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR BID 22 Attachment H FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local t l than the 7th business day after the date the vendor becomes aware of facts entity not later that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, L l Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2. □ OFFICE USE ONLY Date Received Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire incomplete or inaccurate.) 3.. □. Name of local government officer about whom the information in this section is being disclosed. Name ot Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001 (1-a), Local Attach additional pages to this Form CIQ as necessary. Is the local government officer named in this section receiving or likely to receive taxable income, other than i t t income from the vendor? A □Yes □No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction ot the local government officer named in this section AND the taxable income is not received from the local governmental entity? □Yes □No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the l l government officer services as an officer of director, or holds an ownership interest of one percent or more? □Yes D. 4. □No Describe each employment or business and family relationship with the local government officer named in this section. □ Signature of vendor doing business with the governmental entity Date Adopted 8/7/2015 23 NEPOTISM CHART AFFINITY KINSHIP Relationship by Marriage The chart below shows Affinity Kinship (relationship by marriage) Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573, §§573.021 .025 CONSANGUINITY KINSHIP Relationship by Blood 24 Attachment I DISCLOSURE OF INTERESTS MUST BE FILLED OUT AND SUBMITTED WITH THE BID/RFP/RFQ IF DISCLOSING: BIDDER/PROPOSER MUST ALSO FILE WITH THE COUNTY CLERK’S OFFICE. THE PURCHASING DEPT. WILL NOT BE FILING ON THE BIDDER’S BEHALF Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information. Every question must be answered. If the question is not applicable, answer with “N/A.” By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government. Date ____________ FIRM NAME: _____________________________________________________ ADDRESS:_______________________________________________________ ________________________________________________________________ FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( )____________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each “employee, elected official, or member of Commissioners Court” of Cameron County having Substantial Interest in Business Entity Local Govt. Code 171.002 a) For purpose of this chapter, a person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceeds 10 percent of the person’s gross income for the previous year. b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section. Name Title Department 25 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Cameron County as changes occur. Certifying Person: ________________________________Title:_____________ (Type or Print) Signature of Certifying Person: _______________________ Date: __________ THIS FORM MUST BE RETURNED WITH YOUR BID 26 GENERAL TERMS & CONDITIONS (Requests for Bids (RFB)) ADDENDA: If RFB specifications, terms or conditions are revised, the Cameron County Purchasing Department will issue an addendum addressing the nature of the changes and notify interested potential bidders. Bidders must acknowledge receipt and consideration of any such changes by signing the addendum and including it in the package containing the Bidder’s submittal. ADVERTISING: Unless otherwise required by law, bidders responding to County RFBs shall not publish and shall keep confidential their intentions and actions respecting any response to the RFB. AWARD: Cameron County may hold RFB responses for a period of sixty (60) days. Cameron County reserves the right to reject any or all responses to RFBs. Cameron County reserves the right to award a contract, if any, based on the bidder’s response when compared to the EVALUATION CRITERIA (AS STATED IN THE RFB) and, in accordance with the laws of the State of Texas, reserves the right to waive any formality or irregularity, to make awards to more than one bidder. Commissioners Court reserves the right to determine the method and procedures for the final award of the bid at any time they may choose, regardless of the Point System used by the Evaluation Committee. BONDS: If the contract that may be entered into with the County will likely require a performance guarantee or bond, the Purchasing Department will attach a separate page to the RFB explaining those requirements. CANCELLATION AND TERMINATION: In any contract resulting from the RFB, the County shall have the right to cancel all or any part of the undelivered portion of the contract if (1) Bidder breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or the (2) Bidder becomes insolvent or files for bankruptcy. Such right of cancellation is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Cancellation of work hereunder shall be effected by the delivery of a "Notice of Cancellation of Undelivered Work" specifying the extent to which performance of work, including all goods and services, under the contract is cancelled and the date upon which such cancellation becomes effective. The performance of work under any resulting contract may be terminated in whole, or in part, by the County in accordance with this provision. The County shall have the right to terminate all or any part of the contract if (1) the Bidder breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or (2) Bidder becomes insolvent or files for bankruptcy. Such right of termination is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Termination of work hereunder shall be effected by the delivery of a "Notice of Termination" specifying the extent to which performance of work, including all goods and services, under the contract is terminated and the date upon which such termination becomes effective. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by mutual consent of the Bidder and the County. CONTRACT RENEWALS: Contract Renewals must receive Commissioners Court approval. For contract renewal status and information, please contact Elisa Cisneros at 956-982-5405 e-mail: [email protected] Cameron County Purchasing Dept. or Dylbia Jeffries 956-550-1340 27 [email protected] at the Cameron County Civil Legal Division. Any price escalations are limited to those stated by the original contract terms. All contracts with a one (1) year renewal option require that the Bidder must notify Cameron County of any anticipated price increases in writing at least three months (90 calendar days) prior to the annual renewal award date unless otherwise specified within the specific provisions of the contract up for renewal. This allows the County sufficient time to find an alternative vendor, if possible. If Bidder fails to notify the County within time noted it shall be assumed that there will be no price increase for the following year’s award period if renewed. This procedure does not apply to any contract which allows for Open Market Price increases or Cost allowance increases. DISCRIMINATION: In order to encourage fair employment practices, the Bidder agrees as follows: 1.) Bidder will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; 2) in all solicitations or advertisements for employees, the Bidder will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap or national origin; 3) the Bidder will furnish such relevant information and reports as requested by the County for the purpose of determining compliance with these regulations; and 4) failure of the Bidder to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated or suspended in a whole or in part as a result thereof.. DISQUALIFICATION OF BIDDER: Upon submitting a response to this RFB, Bidder certifies that the Bidder has not violated the antitrust laws of this state codified in Texas Business and Commerce Code 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly its RFB considerations, plan or response to any competitor or any other person engaged in such line of business. Any and all responses may be rejected if the County believes that collusion exists among the Bidders. If multiples are submitted by a Bidder and, after all responses to the RFBs are opened one or more of the responses are withdrawn the result will be that all of the responses submitted by that Bidder will be withdrawn; however, nothing herein prohibits a Bidder from submitting multiples for different products or services. EVALUATION: All responses will be evaluated in accordance with law and reviewed to assure they are in the best interest of Cameron County. Evaluations shall be based on criteria bearing on price, and performance of the items or services in the user environment. Any specific criteria section or sections identified elsewhere in the RFB response may be evaluated by one or more evaluators once the basis and details of this process have been approved by the Purchasing Officer and acknowledged by the Evaluation Committee. Detailed information pertaining to this selective evaluation process is available to Bidders and the Commissioners Court upon request. Evaluation sheets and any summary of all responses are subject to review by the Cameron County Purchasing Department and Evaluation Committee's recommendation to Cameron County Commissioners Court. Compliance with all RFB requirements, delivery terms and needs of the using department are considerations in evaluating responses. Pricing is NOT the only criterion for making a recommendation (see criteria and relative importance of price and other evaluation factors, if any, specified elsewhere in this RFB). The Cameron County Purchasing Department reserves the right to contact any Bidder, at any time, to clarify, verify or request information with regard to that Bidder’s response. PROTEST PROCEDURES: Procedure - This protest procedure is available to Bidders responding to this RFB and requesting a debriefing conference. Debriefing Conference – A debriefing conference must be requested in writing to the Purchasing Department within five (5) business days from the date of the RFB award by the Cameron County 28 Commissioners’ Court. Debriefing questions must be submitted in writing to the Purchasing Department no later than two (2) business days before the scheduled date for the Debriefing Conference. These questions will be answered at the debriefing conference. Follow-up questions must be submitted (in writing) no later than one (1) business day after the date of the Debriefing Conference and answered no later than two (2) business days after the date of the Debriefing Conference. Follow-up answers will be sent via e-mail or fax (if e-mail not available). For RFBs, Bidders are given the opportunity to ask questions of the Evaluation Committee relative to their responses and the Committee’s scores. Protests are made: 1. To the Purchasing Department after the debriefing conference. Bidder protests shall be received, in writing, by the Purchasing Department within five (5) business days after the debriefing conference. 2. To the Protest Committee, only after the protest to the Purchasing Department was not satisfactorily resolved. Protests to the Protest Committee shall be made within five (5) business days after the Bidder has received notification from the County Purchasing Department of its decision. Grounds for protest: 1. Errors were made in computing the score. 2. The County failed to follow procedures established in the RFB, the Purchasing policy on acquisitions or applicable state or federal laws or regulations. 3. Bias, discrimination or conflict of interest on the part of an evaluator. Protests not based on these criteria shall not be considered. Format and Content - Protesting Bidders shall include, in their written protest to the Cameron County Purchasing Department, all facts and arguments upon which they rely. Bidders shall, at a minimum, provide: 1. Information about the protesting Bidder; name of firm, mailing address, phone number and name of individual responsible for submission of the protest. 2. Information about the acquisition and the acquisition method. 3. Specific and complete statement of the County’s action(s) being protested. 4. Specific reference to the grounds for the protest. 4. Description of the relief or corrective action requested. 5.. For protests to the Protest Committee, a copy of the Purchasing Department’s written decision on the protest. Review Process: 1. Upon receipt of a Bidder’s protest, the Purchasing Department shall postpone further steps in the acquisition process until the Bidder protest has been resolved. 2. The Department’s internal protest review procedures consist of the following: a) The Purchasing Department shall perform an objective review of the protest by individuals not involved in the acquisition protested. The review shall be based on the written protest material submitted by the Bidder. 29 b) A written decision will be delivered to the Bidder within five business days after receipt of the protest, unless more time is needed. The protesting Bidder shall be notified if additional time is necessary. Final Determination: The final determination shall: 1. Find the protest lacking in merit and uphold the agency’s action; or 2. Find only technical or harmless errors in the agency’s acquisition process, determine the agency to be in substantial compliance, and reject the protest; or 3. Find merit in the protest and provide the agency options which may include recommendations to a) correct its errors and reevaluate all RFBs, and/or b) reissue the Bidder solicitation document; or c) make other findings and determine other courses of action as appropriate. Protest Committee Review Process: Protests to the Protest Committee may be made only for Protest Committee approved acquisitions, and only after review by County Purchasing Department. Protests of the decisions of County Purchasing Department shall be made by letter to the Protest Committee, who may establish procedures to resolve the protest. Protests shall be received by the Protest Committee within five business days after the decision of Purchasing Department in order to be considered. The Committee’s decision is final, with no further administrative appeal available. FISCAL FUNDING: A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include a “fiscal funding out” clause. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the Bidder from the using department without penalty of any kind or form to Cameron County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the Bidder. GRATUITIES AND PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: Any elected or appointed official who has any substantial interest, either direct or indirect, in any business entity seeking to contract with the County, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body is also required to file, and do file similar affidavits, then the member is not required to abstain from further participation. Attached and included in this RFB is a disclosure of all of this Company's business or pecuniary financial relationships with officers or employees of Cameron County or County entities (if any such relationships exist) which must be filled out, attached and included with the RFB response. The County may, by written notice to the Bidder, cancel this contract without liability to Bidder if it is determined by County that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Bidder, or any agent, or representative of the Bidder, to any officer or employee of Cameron County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performance of such a contract. In the event this contract is cancelled by County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the costs incurred by Bidder in providing such gratuities. Consistent and continued RFB responses that end in a tie could cause rejection of any RFB response by the County and/or investigation for Anti-Trust violations. Bidder guarantees that he has not retained a person to solicit or 30 secure any contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Bidder for the purpose of securing business. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION: If Bidder is a Certified Historically Underutilized Business (HUB), please include a copy of your HUB Certificate with your RFB response. This information will assist Cameron County in the percentage tracking of HUB utilization. LOCAL BIDDER’S PRINCIPAL PLACE OF BUSINESS - 3% PREFERENCE: (consideration of location) this local preference consideration is allowable for Equipment and Supplies but not allowed for Services and/or Construction related requests. The County Commissioner’s Court may award to the lowest Bidder or the Bidder whose principal place of business is within Cameron County if the Commissioner’s Court determines, in writing, that the local Bidder offers the County the best combination of contract price and additional economic development opportunities for Cameron County created by the contract award, including the employment of residents of Cameron County and increased tax revenues to Cameron County. This option exists only within 3% of the lowest price. In order to provide the County Commissioners Court adequate information in considering this option, the Bidder should submit with each bid response the following information for Commissioners Court’s review with all information requested complete with detailed, current and quantifiable numeric data: 1. Where is your principal place of business (Business Headquarters) City, County, State, Signature of Bidder, Title, and Date? Along with this information, submit information with responses to the following questions: a.) Why and how Bidder believes that the local Bidder offers the County additional economic development opportunities for Cameron County created by the contract award? b.) How will award to local Bidder benefit the employment of residents of Cameron County? c.) How many employees does Bidder employ within Cameron County and how many employees are affected financially by award/purchase? d.) How will award to local Bidder increased tax revenues to Cameron County? This information should be provided and updated with each bid response submitted to the County. If Bidder is local and within 3% of the lowest bid price, this information will be submitted to Commissioner’s Court along with tabulation sheet. There has been no mandatory requirement or Policy established by Commissioners Court which requires submitting answers to these questions or attending Commissioners Court meetings for the awarding of RFBs relative to the 3% local preference, however individual Commissioners may or may not have preferences (relative to these issues) when making their decision. This paragraph will be revised upon policy change made by Commissioners Court. INSURANCE: The Bidder shall secure and maintain, throughout the duration of the Contract, insurance of such types and in such amounts as may be necessary to protect the Bidder and the interests of the County against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the insurer, shall be acceptable to the County. It shall be the responsibility of the Bidder to maintain adequate insurance coverage at all times. Failure of the Bidder to maintain adequate coverage shall not relieve the Bidder of any contractual responsibility or obligation. MAINTENANCE: Maintenance required for equipment requested in RFBs should be available in Cameron County by a manufacturer authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Cameron County opts to include maintenance, it shall be so 31 stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly. MATERIAL SAFETY DATA SHEETS: Under the "Hazardous Communication Act", commonly known as the "Texas Right to Know Act", a Bidder must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the Bidder to furnish this documentation will be cause to reject any bid applying thereto. NAME BRANDS: Specifications may reference name brands and model numbers. It is not the intent of Cameron County to restrict responses to RFBs in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard common to similar existing items. Bidders may offer items of equal stature and standard, but the burden of proof of such stature and standard rests with Bidders. Cameron County shall act as sole judge in determining equality and acceptability of products offered. PRICING: Prices for all goods and/or services shall be firm for the duration of the contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the term of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Bidder and included in the price. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. RECYCLED MATERIALS: Cameron County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. County will be the sole judge in determining product preference application. SCANNED RE-TYPED RESPONSE: If in its RFB response, Bidder either electronically scans, re-types, or in some way reproduces the County's published RFB package, then in event of any conflict between the terms and provisions of the County's published RFB specifications, or any portion thereof, and the terms and provisions of the RFB response made by Bidder, the County's RFB specifications as published shall control. Furthermore, if an alteration of any kind to the County's published RFB specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. The manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item needed in the RFB. Substitute items will not be accepted unless approved (in advance). SUPPLEMENTAL MATERIALS: Bidders are responsible for including all pertinent product data in the returned RFB package. Literature, brochures, data sheets, specification information, completed forms requested as part of the RFB package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the Bidder wishes to include as a condition of an RFB response, must also be in the returned in the RFB response package. Failure to include all necessary and proper supplemental materials may be cause to reject the Bidder’s entire RFB. 32 TITLE TRANSFER: Title and Risk of Loss of goods shall not pass to Cameron County until Cameron County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Bidders are advised to consult the using department for instructions. The place of delivery shall be shown under the "Special Requirements/Instructions" section of this RFB package and/or on the Purchase Order as a "Deliver To:" with the address. USAGE REPORTS: Cameron County reserves the right to request, and receive at no additional cost up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this RFB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Cameron County department with a description, of each item purchased, including the manufacturer, quantity of each item purchased, the per unit and extended price of each item purchased, and the total amount and price of all items purchased. WARRANTY PRICE: (a) The price to be paid by the County shall be that contained in Bidder’s response to the RFB which Bidder warrants to be no higher than Bidder’s current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Bidder breaches this warranty, the prices of the items shall be reduced to the Bidder’s current prices on orders by others, or in the alternative, County may cancel this contract without liability to Bidder for breach or Bidder’s actual expense. (b) The Bidder warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Bidder for the purpose of securing business. For breach or violation of this warranty, the County shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. Bidders shall furnish all data pertinent to warranties or guarantees which may apply to items in the RFB. Bidders may not limit or exclude any implied warranties. Bidder warrants that products sold and services provided to the County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and O.S.H.A. Act of 1970. In the event any product does not conform to OSHA Standards, where applicable, Cameron County may return the product for correction or replacement at the Bidder’s expense. If Bidder fails to make the appropriate correction within a reasonable time, Cameron County may correct at the Bidder’s expense. WARRANTY ITEMS/PRODUCTS: Bidder warrants that products sold and services provided to the County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and O.S.H.A. Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Cameron County may return the product for correction or replacement at the Bidder’s expense. If Bidder fails to make the appropriate correction within a reasonable time, Cameron County may correct at the Bidder’s expense. Bidder shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the County. 33 Bidder warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the RFB invitation and to the sample(s) furnished by Bidder, if any. In the event of a conflict between the specifications, drawings and descriptions, the specifications shall govern. All items must be new, in first class condition, unless otherwise specified. The design, strength, and quality of materials must conform to the highest standards of manufacturing practice. Items supplied under this contract shall be subject to the County's approval. Successful Bidder shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any items found defective or not meeting specifications shall be picked up and promptly replaced by the successful Bidder at no expense to the County. SAFETY WARRANTY: As noted above, Bidder warrants that the products sold to County shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, County may return the product for correction or replacement at the Bidder's expense. In the event Bidder fails to make the appropriate correction within a reasonable time, correction made by County will be at Bidder's expense. Have you attached the required warranty information to the RFB (if applicable)? “Yes” or “No” APPLICABLE LAW To the extent it is applicable, this agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning "the Uniform Commercial Code" as adopted in the State of Texas as effective and in force on the date of this agreement. Otherwise, Texas state and federal law shall apply. ASSIGNMENT DELEGATION: No right, obligation or interest in this contract shall be assigned or delegated to another by Bidder without the written permission of the County. Any attempted assignment or delegation by Bidder shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. CONTRACT OBLIGATION: Cameron County Commissioners Court must award any resulting contract and the County Judge or other person authorized by the Cameron County Commissioners Court must sign the contract before it becomes binding on Cameron County or the Bidder. Department Heads are NOT authorized to sign agreements for Cameron County. Binding agreements shall remain in effect until all products and/or services covered by this RFB have been delivered and accepted and all contract requirements have been satisfied ERRORS AND OMISSIONS: Errors and Omissions in the RFB or any provision herein described will not be construed as to relieve the Bidder of any responsibility or obligation requisite to the complete and satisfactory implementation, operation, and support of all obligations under any resulting contract. FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable wholly, or in part, to carry out its obligations under this RFB and any resulting contract, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to 34 machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely with the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. HOLD HARMLESS AGREEMENT: The successful Bidder, shall indemnify and hold Cameron County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Bidder's performance. Bidder shall procure and maintain, with respect to the subject matter of this RFB, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Bidder's liability as may arise directly or indirectly from work performed and goods or services sold and under the terms of this RFB. Certification of such coverage must be provided to the County upon request. INFRINGEMENTS: There will be no warranty by County against infringements. As part of this contract for sales, Bidder agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. County makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall County be liable to Bidder for indemnification in the event Bidder gets sued on the grounds of infringement or the like. If Bidder is of the opinion that an infringement or the like will result, Bidder shall notify County to that effect in writing within two (2) weeks after the signing of this agreement. If County does not receive notice and is subsequently held liable for the infringement or the like, Bidder will hold County harmless. If Bidder in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void, except that County will pay Bidder the reasonable cost of Bidder’s search as to infringement. The Bidder agrees to protect the County from claims involving infringement of patents or copyrights. INTERPRETATION PAROLE EVIDENCE: Unless a separate contract or addendum hereof is prepared and entered into following the award of this RFB to a successful bidder, this writing is intended by the parties as a final expression of the terms of this RFB and the general terms of any resulting contract. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term. Acceptance or acquiescence in a course of performance rendered under this RFB and any resulting contract shall not be relevant to determine meaning even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control, if applicable. LATE RESPONSES: RFB responses must be received by the County before the hour and date specified. Responses received after the time and date specified will be disqualified and may be returned to sender. The County is not responsible for lateness or non-delivery of mail, delivered to wrong office, carrier, etc. MODIFICATIONS: This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. O.S.H.A: Bidder must meet all Federal and State OSHA requirements. REMEDIES: The successful Bidder and County agree that both parties have all rights, duties, defenses and remedies available under law. 35 RIGHT TO ASSURANCE: During the RFB process and any resulting contract, whenever a Bidder or the County in good faith has reason to question the other’s intent to perform, demand may be made that the other party give written assurance of intent. In the event that a demand is made and no assurance is given within five (5) days, such failure may be treated as an anticipatory repudiation of the RFB and any resulting contract. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in Cameron County, Texas. BIDDER SHALL CONFIRM ACCEPTANCE OF RFB TERMS: The Bidder shall specifically state acceptance of these terms and conditions as a basis for providing the County with a response to this RFB. THESE TERMS INCORPORATED: These General Terms and Conditions shall be incorporated in the response to the RFB and any resulting contract. The Bidder shall specifically state acceptance of these terms and conditions as a basis for providing the County with a response to this RFB. OTHER TERMS: The Bidder shall state any exceptions desired to these terms and conditions and may suggest alternate wording that addresses the intent of the term or condition. The County may accept or reject any suggestions in accordance with law. 36 CAMERON COUNTY TDA CONTRACT 7215055 INVITATION FOR SEALED BIDS BID # 160801 The County of Cameron will receive bids for the construction of the CAMERON COUNTY, BID #160801, Las Palmas Wastewater Systems Improvements and Yard-line Connections Project funded in part by TDA Contract 7215055. Bids must be received in the County Purchasing Department no later than Tuesday, November 1, 2016 at 11:00 a.m. (as per Purchasing Dept. time clock). Bids must be addressed and sent to the Cameron County Purchasing Department at County Courthouse (Dancy Building), 1100 East Monroe Street, Suite 345, Brownsville, TX 78520. Bids will be opened in the Purchasing Department - 3rd Floor, Room # 345 at 11:01 a.m. on deadline date. Bids must include one (1) original Bid. Bid envelope must be titled / referenced: ATT: Purchasing Dept. Sealed Bid #160801. Project Name: CAMERON COUNTY, Las Palmas Wastewater System Improvements and Yard-line Connections. Bids are invited for several items and quantities of work as follows: 1. 2. 3. 4. Installation of 4,500 linear feet of gravity sanitary sewer line. Decommissioning of existing sanitary sewer manholes and abandonment of existing gravity sanitary sewer line. Decommissioning of existing on-site sewage facilities (OSSF). Installation of residential yard-line connections with all associated appurtenances. Copies of the Contract Documents and Specifications may be obtained at the BPUB Purchasing Department; 1495 Robinhood Drive; Brownsville, Texas 78521 or at the following website http://www.brownsvillepub.com/departments/purchasing-department/rfps-bids. A pre-bid conference will be held in the BPUB Purchasing Conference Room on Wednesday, October 26, 2016 at 10:00 a.m. Questions regarding the proposed project should be submitted in writing to Alfredo J. Resendez, P.E., Project Engineer via email at [email protected]. A bid bond in the amount of 5% of the bid issued by an acceptable Surety shall be submitted with each bid. A certified check or bank draft payable to Cameron County or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Texas Department of 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, age, or national origin. Cameron County reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by Cameron County for a period not to exceed (sixty) 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidders qualifications prior to the contract award. 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. For additional information Contact: Alfredo J. Resendez, P.E. Project Engineer at: (956) 983-6572 CAMERON COUNTY IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER Small and minority firms are encouraged to submit bids on this project (Para una explicación de este aviso en español, favor de llamar al Departamento de Desarrollo del Condado de Cameron al (956) 544-0828). 37 INSTRUCTION TO BIDDERS FOR CONSTRUCTION 1. Use of Separate Bid Forms These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use. 2. Interpretations or Addenda No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the Grant Recipient or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than seven (7) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders. If an addendum to the bid package is necessary, it must be distributed to each potential bidder. The distribution of an addendum shall be verified either by statements of receipt or registered/certified mail receipts, which shall be included in the public works construction file. The addendum shall allow adequate time for consideration in bid preparation (usually at least one week). If adequate time is not available, the bid opening date must be extended and the Grant Recipient must republish the invitation for bids containing the place, time, and date for the new bid opening. Note that any change to the original bid opening date will require republication of the invitation for bids at least once in a locally published newspaper. The republished notice will include the place, time and date for the new bid opening and must be published at least seven days prior to the new bid opening date. 3. Inspection of Site Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining to the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions existing at the site. The City/ County will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. 4. Alternate bid items No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications. 5. Bids a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings. b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder. 38 6. c. Bid documents, including but not limited to the bid, the bid bond(s), the contractor’s certifications, local opportunity plan, and the statement of the bidder’s qualifications, shall be sealed in an envelope and clearly labeled with the words "Bid Documents”, the project number, name of bidder and the date and time of bid opening. d. The City / County may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid. e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents. Bid Modifications Prior to Bid Opening a. b. 7. 8. Any bidder may modify its bid in writing at any time prior to the scheduled closing time for receipt of bids, provided such modification is received by the locality prior to the closing time. The modification should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the locality until the sealed bid is open. Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the locality until the sealed bid is open. Bid Bond a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid [for contracts greater than $100,000]. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. b. The bid bond or its comparable, will be returned to the bidder as soon as practical after the opening of the bids. Statement of Bidders Qualifications Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the contract, and the bidder shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the Grant Recipient that the bidder is qualified to carry out properly the terms of the contract. 9. Unit Price The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities. 39 10. Corrections: Erasures or other corrections in the bid must be noted over the signature of the bidder. 11. Time for Receiving Bids Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the Grant Recipient that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered. 12. Opening of Bids The City/County shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 13. Withdrawal of Bids Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating its purpose in writing to the Grant Recipient. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly. 14. 15. Award of Contract/Rejection of Bids a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest. b. The Grant Recipient reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract. Execution of Agreement/Performance and Payment Bonds a. b. c. Performance Bonds - Requires all prime contractors which enter into a formal contract in excess of $100,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Performance Bond in the amount of the contract before commencing with work Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, a payment bond(s) in the amount of the contract. The payment bond must be in the amount of the contract and must be filed within 30 days from the date of the Notice of Award: o Municipalities: If the contract is in excess of $50,000, a payment bond is required. o Counties: If the contract is in excess of $25,000, a payment bond is required. The failure of the successful bidder to execute the agreement and supply the required bonds within thirty (30) days from the date of the notice of award-or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either 40 case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund. 16. Wages and Salaries Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. 17. Equal Employment Opportunity Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and other civil rights requirements. 41 BID PROPOSAL Date: ______________ Proposal: Bid of ______________________ (hereinafter called “Bidder”), a corporation organized and existing under the laws of the State of _Texas__, to the Cameron County (hereinafter called “Owner”). Gentlemen: The Bidder in compliance with the advertisement for bids for the construction of the TXCDBG 7215055Las Palmas Wastewater System Improvements and Yard-line Connections Project in Cameron County, Texas having read and examined the Plans and Specifications with related Documents and visited the site of the proposed work, and being familiar with all of the federal, state and local conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, equipment and supplies, and to construct the project in accordance with the contract documents, within the time set forth herein, and at the Total Base Bid Amount prior to OWNER options on additive/deductive alternates of: (in words and numeric figures) $ These price(s) are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this bid is a part. These price(s) are firm and shall not be subject to adjustment, provided this Bid is accepted by OWNER within ninety (90) calendar days after the time set for receipt of bids. BIDDER hereby agrees to commence Work under this Contract on or before a date to be specified in a written "Notice to Proceed" to be issued by the OWNER, and to then fully complete the project within the times established in Article 3 of the Construction Agreement. BIDDER further agrees to pay as liquidated damages, not as a penalty, for failure to do so, the sum(s) established in Article 3 of the Construction Agreement. BIDDER agrees to perform all Work for which he contracts as described in the technical Specifications and as shown on the Plans, for the prices indicated on the following Bid Form. Bidder acknowledges receipt of the following addenda: No.________, dated ____________, 2016 No.________, dated ____________, 2016 No.________, dated ____________, 2016 No.________, dated ____________, 2016 No.________, dated ____________, 2016 No.________, dated ____________, 2016 42 Bid Proposal Las Palmas Wastewater System Improvements and Yard‐Line Connections Project Bid No. 160801 The Bidder, in compliance with the Invitation for Sealed Bids for the Las Palmas Wastewater System Improvements and Yard-Line Connection Project, having examined the scope of work and written specifications, hereby proposes to furnish construction services for the following Unit Prices and Lump Sum. ITEM NO. DESCRIPTION (Write Unit Price in Words) EST. QTY. UNIT 2,465 LF $ $ 2,020 LF $ $ 70 LF $ $ 19 EA $ $ 1 EA $ $ 1 EA $ $ 50 EA $ $ 34 EA $ $ TOTAL PRICE UNIT PRICE Furnish and Install 8" GSS PVC Pipe (SDR-35) ( 0' - 8' ) Complete In-Place for Dollars 1 Cents and Furnish and Install 12" GSS PVC Pipe (SDR-35) ( 0 - 8' ) Complete In-Place for Dollars 2 Cents and Furnish and Install 12" GSS PVC Pipe (SDR-35) ( 8' - 12' ) Complete In-Place for Dollars 3 and Cents Furnish and Install 48" Ø Fiberglass Manhole (0-8') Complete In-Place for Dollars 4 Cents and Furnish and Install 48" Ø Fiberglass Manhole (8'-12') Complete In-Place for Dollars 5 Cents and Furnish and Install Manhole Tie-In Complete In-Place for Dollars 6 Cents and Furnish and Install Single Sanitary Sewer Service (Short) Complete In-Place for Dollars 7 Cents and Furnish and Install Single Sanitary Sewer Service (Long) Complete In-Place for Dollars 8 and Cents 43 Bid Proposal Las Palmas Wastewater System Improvements and Yard‐Line Connections Project Bid No. 160801 ITEM NO. DESCRIPTION (Write Unit Price in Words) EST. QTY. UNIT 1 EA $ $ 2 EA $ $ 88 EA $ $ 1 EA $ $ 12 EA $ $ 4 EA $ $ TOTAL PRICE UNIT PRICE Furnish and Install Double Sanitary Sewer Service (Short) Complete In-Place for Dollars 9 and Cents Furnish and Install Double Sanitary Sewer Service (Long) Complete In-Place for Dollars 10 Cents and Furnish and Install 4" PVC Schedule 40 Residential Yard-Line Including All Applicable Cleanouts and Fittings and Connection of All Sewer Discharge Lines From the Residence in Accordance with the Latest Edition of the International Plumbing Code Under the Supervision of a State Licensed Plumber Complete In-Place for Dollars 11 and Cents Furnish and Install Storm Sewer Junction Manhole with Tie-In Complete In-Place for Dollars 12 and Cents Decommission Exist. Manhole and Plug Existing Sewer Lines Complete In-Place for Dollars 13 and Cents Decommission Exist. On-Site Sewage Facilities (OSSF) Complete In-Place for Dollars 14 and Cents 44 Bid Proposal Las Palmas Wastewater System Improvements and Yard‐Line Connections Project Bid No. 160801 ITEM NO. DESCRIPTION (Write Unit Price in Words) EST. QTY. UNIT 20 SY $ $ 1 LS $ $ 1 LS $ $ 4,555 LF $ $ 1 LS $ $ TOTAL PRICE UNIT PRICE Furnish and Install Concrete Driveway Repair Complete In-Place for Dollars 15 Cents and Furnish Traffic Control as per Contractor Submitted Traffic Control Plan Signed and Sealed by a Registered Professional Engineer in the State of Texas for Dollars 16 Cents and Furnish Trench Safety as per Contractor Submitted Trench Safety Plan Signed and Sealed by a Registered Professional Engineer in the State of Texas for Dollars 17 Cents and Furnish and Install Dewatering for Dollars 18 and Cents Mobilization (not to Exceed 5% of Base Bid) for Dollars 19 Cents and TOTAL BASE BID AMOUNT (ITEMS 1-19): $ TOTAL BASE BID AMOUNT (ITEMS 1-19) WRITTEN IN WORDS CONTRACTOR REPRESENTATIVE Sign: Date: Name: 45 NOTICE OF AWARD TO: PROJECT DESCRIPTION: Las Palmas Wastewater System Improvements and Yard-line Connections Project The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement and Invitation to Bid dated . You are hereby notified that your BID has been accepted in the amount of . You are required by the Instructions to Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of the Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as forfeiture of your BID SECURITY. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER. Dated the day of , 20___. OWNER: CAMERON COUNTY BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by day of , 20___. , this the BY: TITLE: 46 STANDARD FORM OF AGREEMENT STATE OF TEXAS § COUNTY OF CAMERON § THIS AGREEMENT, MADE AND ENTERED INTO THIS THE _____ DAY OF ______, 20___ by and between the County of Cameron hereafter called County, and _____________ of the City of _____________, County, Texas, hereinafter termed Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the County, and under the conditions expressed in the bond bearing every date herewith, the Contractor, hereby agrees with the County, to commence and complete the construction of certain improvements described as follows: Installation of a new gravity sanitary sewer collection system including fiberglass manholes, service connections, and residential Yardline connections; as well as the decommissioning of existing on-site sewage facilities, existing manholes, and abandoning the existing gravity sanitary sewer system in place and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement, Special Conditions of the Agreement, Technical Specifications and Plans and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories, with the conditions and prices stated in the Proposal attached hereto, in accordance with all General Conditions of the Agreement, Special Conditions of the Agreement, Technical Specifications and Plans and in accordance with the Plans, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications therefore, together with the Contractor’s written approval, and the General Conditions of the Agreement, Special Conditions of the Agreement, Technical Specifications and Plans and the Construction Bonds hereto attached, all of which are made a part hereof and collectively evidence and constitute the entire contract. The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within 210 calendar days, after the date of the written notice to commence work. The County agrees to pay the Contractor in current funds the sum of $ for the performance of the Contract in accordance with the proposal submitted therefore, subject to additions and deductions as provided in the General Conditions of the Agreement, and to make payment on account thereof as provided therein. Contractor further agrees not to do any work unless he has received a valid Purchase Order issued by Cameron County for payment of the work to be accomplished. This instrument contains the entire agreement between the parties relating to the rights herein granted and Obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the party to be charged. This Agreement May be amended, provided that no amendment, modification, or alteration of terms of this Agreement shall be binding unless the same is in writing and duly executed by the parties hereto. All notices to Cameron County shall be sent by certified or registered mail, addressed to: Pete Sepulveda, Jr., Cameron County Judge, Cameron County Courthouse, 1100 E. Monroe St., Brownsville, Texas 78520, or at such other address as the County may otherwise designate. All notices to the Contractor shall be sent certified or registered mail, addressed to: Attn: ___________________________________________________________, or at such other address as said Contractor may otherwise designate in writing. Agreement shall be governed by the laws of the State of Texas and venue shall be in Cameron County. IN WITNESS WHEREOF, the parties of these presents have executed this Agreement in quadruplicate in the year and day first above written. __________________________________ Pete Sepulveda, Jr. Cameron County Judge Attested By: ______________________ Sylvia Garza-Perez, County Clerk ______________________________________ Contractor Attested By: ___________________________ 47 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: Date Organized: Address: Date Incorporated Number of Years in contracting business under present name CONTRACTS ON HAND: Contract Amount $ : Completion Date Type of work performed by your company: Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? List the projects most recently completed by your firm (include project of similar importance): Project Amount $ Mo/Yr Completed Major equipment available for this contract: Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Credit available: $ Bank reference: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the in verification of the recitals comprising this Statement of Bidder's Qualifications. Executed this By:(signature) day of , 20 . Title: (print name) THIS FORM MUST BE RETURNED WITH YOUR BID 48 CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This includes practices related to race, color, gender, religion, national origin, disability, and veterans’ rights. NAME AND ADDRESS OF BIDDER (include ZIP Code) CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. Yes No The undersigned hereby certifies that: The Provision of Local Training, Employment, and Business Opportunities clause (Section 3 provision) is included in the Contract. A written Section 3 plan (Local Opportunity Plan) was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $100,000). The Non Segregated Facilities clause (Section 109 provision) is included in the Contract. No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. The Equal Employment Opportunity clause is included in the Contract (if bid equals or exceeds $10,000). The Affirmative Action for Handicapped Workers clause is included in the contract. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? Yes No NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE THIS FORM MUST BE RETURNED WITH YOUR BID 49 SECTION 504 CERTIFICATION POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY The ____________________________ does not discriminate on the basis of disability status in the admission or access to, or treatment or employment in, its federally assisted programs or activities. (Name) ________________________________ (Address) ________________________________ ________________________________ City Telephone Number State Zip ( ) ______ - ___________ Voice ( ) ______ - ___________ TDD has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). THIS FORM MUST BE RETURNED WITH YOUR BID 50 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR’S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (appropriate recipient) DATE PROJECT NUMBER (if any) C/O 1. PROJECT NAME The undersigned, having executed a contract with for the construction of the above-identified project, acknowledges that: (a) (b) 2. The Labor Standards provisions are included in the aforesaid contract, Correction of any infractions of the aforesaid conditions, including infractions by any subcontractors and any lower tier subcontractors, is Contractor’s responsibility. Certifies that: (a) (b) Neither Contractor nor any firm, partnership or association in which it has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended. No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. Contractor agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by subcontractors and any lower tier subcontractors, a Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. Certifies that: (a) The legal name and the business address of the undersigned are: (b) (c) The undersigned is (choose one): (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) The name, title and address of the owner, partners or officers of the undersigned are: NAME (d) ADDRESS The names and addresses of all other persons having a substantial interest in the undersigned, and the nature of the interest are: NAME (e) TITLE ADDRESS NATURE OF INTEREST The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: NAME ADDRESS TRADE CLASSIFICATION (Contractor) Date By THIS FORM MUST BE RETURNED WITH YOUR BID 51 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF TEXAS § COUNTY OF CAMERON § , being first duly sworn, deposes and says that: 1. He/She is submitted the attached Bid; of , the Bidder that has 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to me this day of . By: Notary Public My commission expires THIS FORM MUST BE RETURNED WITH YOUR BID 52 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and , as SURETY are held and firmly bound unto (City/County) hereinafter called the "Local Public Agency”, in the penal sum of Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated , for NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS THEREOF, the above parties have executed this instrument this day of , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) (SEAL) Attest: By: Affix Corporate Seal Attest: By: Affix Corporate Seal Attest: By: Countersigned By * Attorney-in-Fact, State of 53 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the , Corporation named as Principal in the within bond; that behalf of the Principal was then , Secretary of the , who signed the said bond on of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body. Corporate Seal Title: * Power-of-attorney for person signing for surety company must be attached to bond. 54 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that: (Name of Contractor or Company) (Address) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of $ Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB-CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB-CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in ______________ counter-parts, each on of (Number) which shall be deemed an original, this the day of . ATTEST: (Principal) By (s) (Principal Secretary) 55 (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 56 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that: (Name of Contractor or Company) (Address) hereinafter called Principal, and a (Name of Surety Company (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of $ Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of . 57 ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 58 ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Date: Print Attorney's Name: 59 LIST OF SUBCONTRACTORS County’s Project Name: Bid No. 160801 Las Palmas Wastewater System Improvements and YardLine Connections Project. To: Cameron County The undersigned submit the following names of subcontractors to be used in performing the Contract. Each subcontractor is required to submit a standard AIA Qualification Statement clearly indicating prior historical restoration project experience and references. SUBCONTRACTORS 1. Site Work and Paving __________________________________________ 2. Concrete __________________________________________ 3. Plumbing __________________________________________ 4. Electrical __________________________________________ 5. Landscaping __________________________________________ All Qualification Statements will be reviewed by the Project Engineer, who will make appropriate recommendations to the Owner. THIS FORM MUST BE RETURNED WITH YOUR BID 60 Date: To: All Vendors Subject: Addendum # REFERENCE: (Insert Bid Number & Name) This Addendum forms part of the contract and clarifies, corrects or modifies original bid/proposal/RFQ document. Question 1: Answer 1: The signature of the company agent, for the acknowledgement of this addendum, shall be required. Complete and return via fax (956) 983-6366 or email [email protected] I hereby acknowledge receipt of this addendum. Company: Agent Name: Agent Signature: Address: City: State: Zip: If you have any further questions about the bid/proposal/RFQ, call (956) 983-6366. BY: Diane Solitaire Purchasing 61 SECTION 2: GENERAL CONDITIONS/BID PROPOSAL DOCUMENTS GENERAL CONDITIONS - PART I FOR CONSTRUCTION 1. Contract and Contract Documents (a) The project to be constructed pursuant to this contract will be financed with assistance from the Texas Department of Agriculture - Office of Rural Affairs through a Community Development Block Grant (TxCDBG) and is subject to all applicable Federal and State laws and regulations. (b) The Plans, Specifications and Addenda shall form part of this contract and the provisions thereof shall be binding upon the parties as if they were herein fully set forth. 2. Definitions Whenever used in any of the Contract Documents, the following meanings shall be given to the terms here in defined: (a) The term "Contract" means the Contract executed between the County of Cameron hereinafter called the “City/County” and (Name of Construction Co.), hereinafter called “Contractor”, of which these GENERAL CONDITIONS, form a part. (b) The term "Project Area" means the area within the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. (c) The term "Engineer" means Brownsville Public Utilities Board, Engineer in charge, serving the City/County with architectural or engineering services, his successor, or any other person or persons, employed by the City/County for the purpose of directing or having in charge the work embraced in this Contract. (d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings). 3. Supervision By Contractor (a) Except where the Contractor is an individual and personally supervises the work, the Contractor shall provide a competent superintendent, satisfactory to the Engineer, on the work at all times during working hours with full authority to act as Contractor’s agent. The Contractor shall also provide adequate staff for the proper coordination and expediting of his work. (b) The Contractor shall be responsible for all work executed under the Contract. Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. 4. Subcontracts (a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until Contractor has verified the subcontractor is eligible to participate in federally funded contracts. 62 (b) No proposed subcontractor shall be disapproved by the City/County except for cause. (c) The Contractor shall be as fully responsible to the City/County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them. (d) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the City/County. 5. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. 6. Payments to Contractor (a) Partial Payments 1) The Contractor shall prepare the requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) of the total amount, to be retained until final payment, and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. 2) Monthly or partial payments made by the City/County to the Contractor are advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the City/County. Such payments shall not constitute a waiver of the right of the City/County to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the City/County in all details. (b) Final Payment 1) After final inspection and the acceptance by the City/County of all work under the Contract, the Contractor shall prepare the requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Contract. The total amount of the final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments. 2) Before paying the final estimate, City/County shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor. The City/County may make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract. 63 3) Any amount due the City/County under Liquidated Damages, shall be deducted from the final payment due the contractor. (c) Payments Subject to Submission of Certificates Each payment to the Contractor by the City/County shall be made subject to submission by the Contractor of all written certifications required of it and its subcontractors. (d) Withholding Payments The City/County may withhold any payment due the Contractor as deemed necessary to protect the City/County, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the City/County and will not require the City/County to determine or adjust any claims or disputes between the Contractor and its subcontractors or material dealers, or to withhold any moneys for their protection unless the City/County elects to do so. The failure or refusal of the City/County to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 7. Changes in the Work (a) The City/County may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any obligations under the Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by TxCDBG prior to execution of same. (b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the City/County authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. (c) If applicable unit prices are contained in the Contract, the City/County may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%). (d) Each change order shall include in its final form: 1) 2) 3) 4) A detailed description of the change in the work. The Contractor's proposal (if any) or a confirmed copy thereof. A definite statement as to the resulting change in the contract price and/or time. The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. 64 5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. 8. Claims for Extra Cost (a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the City/County, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. (b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued. (c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the City/County and work shall not proceed except at the Contractor's risk, until written instructions have been received from the City/County. (d) If, on the basis of the available evidence, the City/County determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. 9. Termination, Delays, and Liquidated Damages (a) Right of the City/County to Terminate Contract. In the event that any of the provisions of this contract are violated by the Contractor, or by any subcontractors, the City/County may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the City/County shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City/County may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the City/County for any excess cost incurred. In such event the City/County may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. (b) Liquidated Damages for Delays. If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the City/County as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $1,000.00 for each calendar day of delay, until the work is completed. The Contractor and Contractor’s sureties shall be liable to the City/County for the amount thereof. 65 (c) Excusable Delays. 1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: 2) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; 3) Any acts of the City/County; 4) Causes not reasonably foreseeable by the parties to this Contract at the time of execution which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, terrorism, war, acts of another Contractor in the performance of some other contract with the City/County, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. 5) Provided, however, that the Contractor promptly notifies the City/County within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the City/County shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the City/County shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 10. Assignment or Novation The Contractor shall not assign nor transfer, whether by assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the City/County. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, Contractors, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 11. Technical Specifications and Drawings Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the City/County for review. Contractor shall be liable for any issues or expenses in the event the discrepancy is not submitted to the City/County. 12. Shop Drawings (a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in six (6) copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at Contractor’s own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. 66 (b) Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. (c) If a shop drawing is in accordance with the contract or involves only minor adjustment in the interest of the City/County not involving a change in contract price or time, the engineer may approve the drawing. The approval shall not relieve the Contractor from responsibility to adhere to the contract or for any error in the drawing. 13. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the City/County for any additional information which should be furnished by the City/County under the terms of this Contract, and which is required in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section. 14. Materials and Workmanship (a) Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. (b) The Contractor shall furnish to the City/County for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes to incorporate. (c) Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. (d) Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. (e) The City/County may require the Contractor to dismiss from the work such employee or employees as the City/County or the Engineer may deem unqualified. 67 15. Samples, Certificates and Tests (a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the contract time. (b) Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. (c) Approval of any materials shall be general only and shall not constitute a waiver of the City/County's right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. (d) Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows: 1) The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer; 2) The Contractor shall assume all costs of re-testing materials which fail to meet contract requirements; 3) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient; 4) The City/County will pay all other expenses. 16. Permits and Codes (a) The Contractor shall give all notices required by and comply with all applicable federal and state laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the City/County. Where the requirements of the drawings and technical specifications fail to comply with such applicable ordinances or codes, the City/County will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the 68 governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. (b) Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the drawings and technical specifications), the Contractor shall remove such work without cost to the City/County. (c) The Contractor shall at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. (d) The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the Improvements contained in this Contract. (e) The Contractor will be required to make arrangements for and pay the water, electrical power, or any other utilities required during construction. (f) During construction of this project, the Contractor shall use every means possible to control the amount of dust created by construction. Prior to the close of a day's work, the Contractor, if directed by the City/County, shall moisten the surrounding area to prevent a dusty condition. 17. Care of Work (a) The Contractor shall be responsible for all damages to person or property that occur as a result of its fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. (b) In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the City/County is authorized to act to prevent such threatened loss or injury. Contractor shall follow all instructions of City/County. (c) The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and shall be responsible for completely repairing any damage thereto caused by the operations. (d) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the City/County from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the City/County may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 69 18. Accident Prevention (a) No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Department of Labor. (b) The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. (c) The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the City/County with reports concerning these matters. (d) The Contractor shall indemnify and hold harmless the City/County from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. (e) The Contractor shall provide trench safety for all excavations more than five feet deep prior to excavation. All OSHA Standards for trench safety must be adhered to by the Contractor. (f) The contractor shall at all times conduct work in such a manner as to ensure the least possible inconvenience to vehicular and pedestrian traffic. At the close of the work each day, all streets where possible in the opinion of the City/County, shall be opened to the public in order that persons living in the area may have access to their homes or businesses by the use of the streets. Barricades, warning signs, and necessary lighting shall be provided to the satisfaction of the City/County at the expense of the Contractor. 19. Sanitary Facilities The Contractor shall furnish, install and maintain ample sanitary facilities for laborers. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 20. Use of Premises (a) The Contractor shall confine equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the City/County, and shall not unreasonably encumber the site or public rights of way with materials and construction equipment. (b) The Contractor shall comply with all reasonable instructions of the City/County and all existing federal, state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. 70 21. Removal of Debris, Cleaning, Etc. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. 22. Inspection (a) All materials and workmanship shall be subject to inspection, examination, or test by the City/County and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The City/County shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the City/County may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the City/County. (b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the City/County will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the technical specifications. (c) The Contractor shall notify the City/County sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the City/County, the Contractor shall uncover for inspection and recover such facilities at Contractor’s expense, when so requested by the City/County. (d) Should it be considered necessary or advisable by the City/County at any time before final acceptance of the entire work to make an examination of work already completed, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be reimbursable and if completion of the work of the entire Contract has been delayed, a suitable extension of time will be approved. (e) Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards to: (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. (f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the City/County or its agents shall relieve the Contractor or its sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 71 23. Review by City/County The City/County and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the City/County through its authorized representatives or agents. 24. Final Inspection When the Improvements included in this Contract are substantially completed, the Contractor shall notify the City/County in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The City/County will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. 25. Deduction for Uncorrected Work If the City/County deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the City/County and subject to settlement, in case of dispute, as herein provided. 26. Insurance The Contractor shall not commence work under this contract until all required insurance under this paragraph has been secured and approved by the City/County. (a) Worker’s Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Worker's Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the following amounts: ($1,000,000; $100,000; and $500,000). (c) Proof of Insurance: The Contractor shall furnish the City/County with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City/County." 27. Warranty of Title No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and 72 equipment installed or incorporated in the work and upon completion of all work, shall deliver the same, together with all improvements and appurtenances constructed or placed by Contractor, to the City/County free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 28. Warranty of Workmanship and Materials Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the City/County or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of 12 months from the date of final acceptance of the work. 29. Job Offices (a) The Contractor and its subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The City/County shall be consulted with regard to locations. (b) Upon completion of the improvements, or as directed by the City/County, the Contractor shall remove all such temporary structures and facilities from the site, and leave the site of the work in the condition required by the Contract. 30. Partial Use of Site Improvements The City/County may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: (a) The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. (b) The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. 31. Local Program Liaison For purposes of this Agreement, the Raul Garcia, CD Coordinator, or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for the Contractor. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate. 73 32. Access to Information (a) The Comptroller General of the United States, the City / County, TDA, and the Texas State Auditor’s Office, or any successor agency or representative, shall have access to any books, documents, papers and records relating to the Contractor’s agreement with the City/County or the administration, construction, engineering or implementation of the TxCDBG award between TDA and City / County. (b) Contractor shall include the substance of this clause in all subcontracts it awards. 33. Records Retention (a) The Contractor shall retain all required records for three years after the City/County makes its final payment and all pending matters are closed. (b) Contractor shall include the substance of this clause in all subcontracts it awards. 34. Resolution of Program Non-Compliance and Disallowed Costs In the event of any dispute, claim, question, or disagreement arising from or relating to this Contract, or the breach thereof, including determination of responsibility for any costs disallowed as a result of noncompliance with federal, state or TxCDBG program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Contract and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. [This section may also provide for the qualifications of the mediator(s), the locale of meetings, time limits, or any other item of concern to the parties.] If the matter is not resolved through such mediation within 60 days of the initiation of that procedure, either party may proceed to file suit. 35. Compliance with Davis-Bacon Act All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached as Appendix B and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the City/County for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 74 The Contractor and its subcontractors shall not, by any means, induce any person employed in the construction, completion, or repair of public work, give up any part of the compensation to which he or she is otherwise entitled. The City/County must report all suspected or reported violations to TDA. 36. Conflicts of interest. (a) Governing Body. No member of the governing body of the City/County and no other officer, employee, or agent of the City/County, who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of TxCDBG award between TDA and the City / County, shall have any personal financial interest, direct or indirect, in the Contractor or this Contract; and the Firm shall take appropriate steps to assure compliance. (b) Other Local Public Officials. No other public official, who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering or implementation of the TxCDBG award between TDA and the City/County, shall have any personal financial interest, direct or indirect, in the Contractor or this Contract; and the Contractor shall take appropriate steps to assure compliance. (c) The Contractor and Employees. The Contractor warrants and represents that it has no conflict of interest associated with the TxCDBG award between TDA and the City/County or this Contract. The Contractor further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the TxCDBG award between TDA and the City/County or in any business, entity, organization or person that may benefit from the award. The Contractor further agrees that it will not employ an individual with a conflict of interest as described herein. 37. Debarment and Suspension (Executive Orders 12549 and 12689) The Contractor certifies, by entering into this Contract, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally-assisted programs under Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). The term “principal” for purposes of this Contract is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. The Contractor understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” 38. Procurement of Recovered Materials The Contractor shall comply with section 6002 of the Solid Waste Act, as amended by the Resource Conservation and Recovery Act, procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000 as long as such procurement is economically feasible. 39. [For Contracts that exceed $100,000] Anti-Lobbying Contractor shall file the required certification: The undersigned certifies, to the best of his or her knowledge and belief, that: (a) 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 75 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 any Federal contract, grant, loan, or cooperative agreement. (b) 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. (c) 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. 40. [For Contracts > $100K] Overtime Requirements No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. 41. [For Contracts > $150K] Clean Air Act and the Federal Water Pollution Control Act The Contractor or subcontractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 42. Equal Opportunity Clause [applicable to contracts and subcontracts over $10,000]. During the performance of this contract, the Contractor agrees as follows: (a.) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b.) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c.) The Contractor will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, 76 in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information. (d.) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e.) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (f.) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g.) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (h.) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 43. Section 109 of the Housing and Community Development Act of 1974. The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 44. Section 504 Rehabilitation Act of 1973, as amended. The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination in employment, under any program or activity receiving federal financial assistance. 45. Age Discrimination Act of 1975. The Contractor shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. [If this Contract is greater than $100,000, include the following Section 3 language:] 77 46. Economic Opportunities for Section 3 Residents and Section 3 Business Concerns. (a) The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to lowand very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (c) The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (e) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indianowned 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). 47. Contract Documents and Drawings The City/County will furnish the Contractor without charge three (3) copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. 48. Contract Period The work to be performed under this contract shall commence within the time stipulated by the City/County in the Notice to Proceed, and shall be fully completed within 210 calendar days thereafter. 78 49. Liquidated Damages Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the City/County the sum of One Thousand Dollars ($1,000.00) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. 50. Gender Neutral - Gender References When necessary, unless the context clearly requires otherwise, any gender-specific or gender-neutral term in this Contract (for example, he, she, it, etc.) is to be read as referring to any other gender or to no gender. 79 THIS PAGE INTENTIONALLY LEFT BLANK REFERENCE APPENDIX A – DAVIS BACON WAGE RATE 80 U.S. Department of Housing and Urban Development Office of Labor Relations Federal Labor Standards Provisions Ap plic abilit y The Pro ject or Prog ram to which th e constr uction work cover ed b y this contr act per tains is being assisted by t he United States of Am erica a nd the follo wing Fed eral La bor Standar ds Provisio ns are included i n this Contract pursua nt to the provisio ns applicable to such Federal assistance. A. 1. (i) M inimum W ages. All lab or ers a nd m echan ics em ployed or workin g u pon t he site of the wo rk, will b e p aid unconditio nall y a nd n ot less often than once a we ek, and wit hout su bsequ ent d educti on o r reb ate on an y acco unt (e xce pt such payr oll ded uctions as are perm itted by regu lations issued by the Secretar y of Labor u nde r the Copel and Act (29 CF R Part 3), the fu ll am ount of wag es and b ona fi de fri nge ben efits (or cash e qui vale nts there of) due at tim e of pa ym ent com puted at rat es not l ess than those contai ned in the wage d eterm ination of t he Secretar y of Labo r which is attached hereto a nd m ade a part h ere of, reg ardl ess of any cont ractual relatio nship which m ay be allege d to e xi st betwee n the contractor and such labore rs and m echan ics. Contributi ons m ade or costs reasonably a nticipate d for bon a fide frin ge be nef its unde r Section l(b )( 2) of the Davis-Baco n Act on behalf of labo rers o r m echanics are consider ed wag es pai d to su ch labo rers or m echanics, subject to the provisions of 29 CFR 5.5(a )(1 )(i v); also, re gula r contributi ons m ade or co sts incurr ed for m ore th an a we ekly pe riod (but n ot less often than qu arte rly) un der plan s, funds, or prog ram s, whi ch cover the p articula r weekl y peri od, are d eem ed to be constructively m ade or i ncur red d urin g such weekly peri od. Such labo re rs an d m echanic s shall b e p aid the app ro pria te wage rat e a nd fri nge be nefi ts on the wag e d eterm inati on for the classification of wo rk actually perfo rm ed, with out rega rd to skill, e xcept as pro vide d in 2 9 CFR 5.5(a)(4). Labo re rs or m echanics perf orm ing wo rk in m ore tha n o ne classification m ay be com pensated at the r ate specified for each classification for the tim e actually worke d therei n: Provid ed, Th at the em ploye r’s pa yroll reco rds accurat e ly set forth the tim e spent in each classification in whi ch work is perf orm ed. Th e wag e det erm ination (inclu ding a ny additio nal classification and wa ge rat es conform ed und er 29 CFR 5.5 (a )(1 )(ii ) an d the Da vis-Bacon p oster (W H1321 ) shall be posted at all tim es by the contractor and its subcontractors at th e site o f the wo rk in a prom inent a nd accessible, place whe re it can be easil y seen b y t he worke rs. (ii) (a ) An y class of labo r ers or m echanics which is not listed in the wa ge d eter m ination and which is to be em ployed unde r the cont ract shall be classified in conform ance with the wa g e dete rm ination. HUD sh all appr ove a n a dditio nal clas sification and wa ge rate a nd fringe be nefits ther efor onl y when t he foll o win g crite ria have bee n m et: Previous editions are obsolete (1) Th e work to b e p erform ed by the classification requ ested is n ot pe rform ed by a classification in th e wa ge determ ination; an d (2) Th e classification is utilized i n th e a rea b y the construction industry; and (3) The p rop osed wag e rate, including a ny bo na fi de fringe ben efits, bears a reasona ble relatio nship to the wage rates containe d in the wage d eterm ination. (b) If the contractor a nd the laborers an d m echanics to be em ployed in the classification (if known), or th eir rep resentati ves, an d HUD or its d esigne e a gre e o n t he classification and wag e rate (i ncludin g the am ou nt designate d for fring e ben efits whe re ap pro pri ate), a rep ort of the action taken shall b e sent by HUD or its desig nee to the Adm inistrator of the W age and Ho ur Di vision, Em ploym ent Standards Adm inistration, U.S. Depa rtm ent of Labo r, W ashington, D.C. 20 210. The Adm inistrator, o r an autho rized re presentative, will app ro ve, m odify, or disapprove e ve ry ad ditional classification action withi n 30 days of receipt a nd so ad vi se HUD or its designe e or wi ll notify HUD o r its design ee within the 30 -da y p erio d t hat additio nal tim e is necessary. (Approved b y the Office of Man agem ent an d Budget u n der O MB control num ber 12 150140. ) (c) In the event the contrac tor, the l abo rers or m echani cs to be em ployed in the classification or their rep resentati ves, and HUD o r its designee d o not ag ree on the propose d classification and wa ge rate (includi ng the am ount design ated fo r f ring e be nefits, whe re ap pro pri ate), HUD o r its designee shall refer the q uestions, includi ng the vie ws of all intereste d parties and the recom m endation of HUD or its desig nee , to the Adm inistrator for determ ination. The Adm inistrator, o r an a utho rized rep resentati ve, will issue a determ ination withi n 3 0 da ys of receipt and so ad vise HUD or its designee or will not ify HUD or its desig nee wit hin th e 3 0-d ay pe rio d th at additio nal tim e is necessary. (Approved b y the Office of Man agem ent and Bud get unde r OMB Co ntrol Num ber 1215 -01 40.) (d) T he wag e rate (i ncluding frin ge b enefits whe re approp riate ) d eterm ined pursua nt to subpa ra gra p hs (1)(ii)(b ) or (c) of this p a rag rap h, shall b e pai d to all worke rs pe rform ing work in the classification und er th is contract from the first day on which work is pe rform ed in the classification. (iii) W henever th e m inim um wage rate prescrib ed i n the contract for a class of lab o rers or m echanics includes a fringe ben efit which is not e xpressed as an h ourl y rate, the contractor sh all eithe r p ay the ben efit as stated in the wage d eterm ination or shall pay anoth er bo na fide frin ge benefit or an ho url y cash eq uival ent thereof. (iv) If th e contractor d oes n ot m ake paym ents to a trust ee or othe r third pe rson, the c ontractor m ay conside r as p art Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wag es of an y l abo re r or m echanic the am ount of a ny costs reasonabl y a nticipate d in p ro vidi ng b ona fi de fri nge benefits un der a pla n o r prog ram , Provid ed, That t he Secretar y of L abo r h as foun d, upo n the written re quest of the contractor, that th e ap pl icable standa rds of the Davi sBacon Act have bee n m et. The Secretar y of Lab or m ay requ ire the co ntractor to se t aside in a se par ate accou nt assets for the m eeting of obligati ons un de r the pla n or prog ram . (Appro ve d b y th e Office of Man agem ent and Budget un der O MB Co ntrol Num ber 121 5-0140. ) 2. W ithholding. HUD or its designe e shall upo n its own action o r u pon written re quest of an auth ori zed rep resentati ve of the Dep artm ent of Labo r withh old or cause to b e with held fro m the contractor u nde r t his contract or a ny ot her F ede ra l contract with the sam e pri m e contractor, or an y othe r Feder ally-assisted contract subject to Davis-Baco n p revailin g wag e re qui rem ents, which is held by th e sam e prim e contractor so m uch of the accrued pa ym ents or ad va nces as m ay be conside red necessary to pa y labo re r s and m echanics, including appr entices, traine es and helpers, em ployed by t he contractor or an y subcontr a ctor the full am ount of wag es requ ire d by the contract In the eve nt of failure to pa y any labo rer or m echanic, includ ing a ny app rentice, tr aine e or helpe r, em ployed o r workin g on the site of the wo rk, all or part of the wages re qui red by the contract, HUD or its designe e m ay, after wr itten notice to the co ntract or, sponsor, a pplicant, or o wn e r, take such action as m ay be necessary to cause the suspension of a ny furt her paym ent, adva nce, or gu arant ee of funds until such violati ons have ceased. HUD or its designee m ay, after written n otice to the contr actor, disburse such am ounts wit hhel d for and o n account of the contractor or subcontractor to the r espective em plo yees to wh om they are d ue. Th e Com ptroll er Ge ner al shall m ake such disbursem ents in the case of dir ect Davis-B acon Act contracts. 3. (i) Pa yrolls and b asic records. Pa yro lls and b a sic records relatin g the reto shall be m aintaine d b y the contractor du rin g the cours e of the wo rk preser ve d for a peri od of th ree ye ars the reafter for all la bor ers a nd m echanics working at the si te of the wo rk. Such reco rds shall contain the nam e, addr ess, and social secu rity num ber of each such worke r, his or her co rrect classification, hourl y rates of wa ges p aid (inclu ding ra tes of contributions or costs anticipated for bo na fide fri nge benefits or cash equ ival ents thereof of the types describ ed in Section l (b )(2 )(B) of th e Da vis-baco n Act), dai ly a nd weekly num ber of h ours worked, d eductio ns m ade a nd actual wa ges p aid. W henever th e Secreta ry of Lab or h as found und er 29 CFR 5.5 ( a )(1 )(i v) t hat the wa ges of a ny labo rer or m echanic inclu de the am ount of any co sts reason abl y anticipate d in pr ovidi ng be nefits unde r a pl an or pr ogr am described in Section l(b) (2 )(B) of the Da visBacon Act, the contracto r shall m aintain recor ds whi ch sho w that the comm itm ent to provi de such ben efits is enforcea ble, that the pla n or pr ogr am is financially responsibl e, an d that th e plan or pr ogr am has been comm unicated in writing to the lab ore rs o r m echan ics affected, and records which sho w the costs anticipated or the actual cost incurred in provi ding such be ne fits. Contractors em ployi ng ap prentices or trai nees un der approved program s shall maintain written e vid ence of the registratio n of ap pre nticeship prog ram s and certification of traine e pro gram s, the registration of the ap pre ntices and traine es, and the ratios and wa ge rat es prescribe d in the applicabl e pro gram s. (Appro ved b y the Office of Man agem ent an d Bud get unde r O MB Co ntrol Num bers 1215 -01 40 a nd 12 15-001 7.) (ii) ( a) The co ntractor shal l subm it weekl y for each we ek in which an y contract work is perform ed a cop y of all payrolls to HUD or its desig nee if th e ag ency is a pa rty to the contract, but if the agency is not such a party, the contractor will subm it the payrolls to the a pplic ant sponsor, or o wner, as the ca se m ay be, for transm ission to HUD o r its designee. Th e p ayrolls subm itted shall set out accurately a nd com pletely all of the inform ation re qui red to be m aintained und er 2 9 CFR 5.5(a)(3)(i) e xcept that f ull social security n um bers and hom e add resses shall not be included on weekly transm ittals. Instead t he payrolls sh all only nee d to includ e an i ndi vidu ally i dentif ying num ber for each em ployee (e.g., the la st four digits of the em ployee’s social security n um ber). The requi re d we ekly p ayroll inform ation m ay be sub m itted in any fo rm desired. Optional Form W H-347 is a vaila ble f or th is pu rpose from the W age and Ho ur Division W eb site at http://www.dol.gov/esa/whd/forms/wh347i nstr.htm or its successor site. The prim e contractor is responsible for the subm ission of copies of payrolls by all subcont ractors. Contractors and subcontra ctors shall m aintain the full social security n um ber a nd current add ress of e ach covered wo rker, a nd shall pro vide them upo n req uest to HUD or its design ee if t h e ag ency is a p art y to t he contract, but if the ag enc y is not such a p arty, t he contractor will subm it the payrolls to the a pplic ant sponsor, or o wner, as the ca se m ay be, for transm ission to HUD o r its designee, the co ntractor, or the W age and Hour Division of th e Depa rtm ent of La bo r for pu rposes of an investigati on or a udit of com pliance with p re vailin g wa ge requ irem ents. It is not a violation of this subparag ra ph for a prim e contracto r to req ui re a su bcontractor to p ro vi de addresses and social security num bers to the pri m e contractor for its own records, without weekly subm ission to HUD o r its designee. (Appro ve d by th e Office of Man agem ent and Bud get unde r OMB Co ntrol Num ber 1215 -01 49.) (b) Each p ayroll subm itted shall be accom panied b y a “Statem ent of Com pliance,” signed by the cont ractor or subcontractor o r his or he r agent who pa ys or supe rvis es the pa ym ent of the p ersons em ployed und er th e contra ct and shall certify th e follo wi n g: (1) Th at the pa yroll for th e payroll inform ation re quired to b e pro vide d (a)(3)(ii ), the ap propri ate in form ation unde r 29 CF R 5.5(a)(3)(i), and that correct and com plete; Previous editions are obsolete Page 2 of 5 peri od contai ns the und er 2 9 CFR 5.5 is being m aintain ed such inform ation is form HUD-4010 (06/2009) ref. Handbook 1344.1 (2) That each lab ore r or m echanic (includin g each hel p er, appr entice, a nd trai nee ) em ployed on the co ntract d uri ng the pa yr oll p erio d has bee n pai d the full we ekly wag es earn ed, with out re bate, eit her di rectly o r indi rectly, a nd that no deductions ha ve been m ade either di rectly or indir ectly fr om the full wag es ea rn ed, oth er than perm issible deductions as set forth in 29 CF R Part 3; (3) T hat each l abo rer or m echanic has be en p aid n ot l ess than the applica ble wage rat es and fri nge b enefits or ca sh equi vale nts for the classification of wo rk perfo rm ed, as specified in the appli cable wag e determ inati on incorpo rate d into the contr a ct. (c) The we ekly subm ission of a p rop erl y e xecut ed certification set forth on the reverse side of Opti onal F o rm W H-347 shall satisfy the r eq uirem ent for subm ission of the “Statem ent of Com pliance ” r equi red b y subp aragra ph A.3.(ii)(b ). (d) T he falsification of an y of the a bo ve certificatio ns may subject the contractor or su bcontractor to ci vil or c rim inal prosecution un der Section 1001 of Title 1 8 a nd Secti on 231 of Title 31 of the United States Code. (iii) Th e cont ractor or subcontracto r shall m ake the records re qui red u nde r sub para gr aph A.3.(i) a vail able for inspection, cop ying, or transcription b y a uthori zed rep resentati ves of HUD or it s designee o r the Dep artm ent of Labor, an d shall per m it such representatives to inter vie w em ploye es du rin g wo rking hou rs on the job. If the contractor o r subcontr actor fails to subm it the required records or to m ake them availa ble, HUD or its design ee m ay, after written notice to the contr actor, spon sor, applicant o r o wne r, take such action as m ay be n ecessary to cause the suspension of any furth er pa ym ent, advan ce, or gu ara ntee of funds. Furt herm ore, failu re to subm it the requ ire d recor ds upon re qu est or to m ake such records avail able m ay b e g rou nds fo r deb arm ent action p ursua nt to 29 CFR 5.1 2. 4. Appr entice s and Traine es. (i) Appren tices. App rentic es will be pe rm itted to wo rk at less than the p redet erm ined rate for th e work t hey perfo rm ed whe n the y are em ployed pu rsuant to a nd indivi dual ly re gistere d in a bona fide app rentice ship prog ram registere d with th e U.S. Departm ent of Lab or, Em ploym ent and Tr ainin g Adm inistration, Office of Apprenticeshi p Train ing, Employer an d La bor Se rvices, or wit h a State Apprenticeshi p Agency reco gni zed b y the Office, or if a pe rson is e m ployed in his or her fi rst 90 days of pro batio nar y em ploym ent as an appr entice in such an ap pre nticeship pr ogr a m , who is n ot indi vidu ally register ed in th e p rog ram , but who has be en certifie d by the Office of Apprenticeship Trainin g, Em ployer an d Lab or Services o r a State Ap prenticeshi p Agenc y (whe re appr op riate ) to be el igibl e for p robati ona ry em ploym ent as an app rentice. The allo wable rati o of appr entices to jour neym en on th e job site i n an y craft classification shall not b e g reat er t han the ratio pe rm itted to the co ntractor as to the entir e wo rk force und er the r egister ed p rog ram . Any worke r listed on a p ayroll at an ap pr entice wa ge rate, who is not registered o r othe rwi se em ployed as stated above, shall be paid not l ess than t he ap plicabl e wa ge rate on t he wage dete rm ination fo r th e classification of work actual ly perfo rm ed. In addition, any apprentice pe rform ing wo rk on the jo b site i n e xcess of t he ratio pe rm itted und er the registered pro gram shall be p aid not less than the applicabl e wage rate on t h e wa ge d eterm ination f or t he work actuall y perfo rm ed. W here a cont ractor is perfo rm ing construction on a p roject i n a localit y oth er th an th at in which its pro gram is registered, the ratios a nd wag e rat es (e xpressed in perce ntages of the j ou rne ym an’s hou rly rate) specified in the co ntractor’s or subcontractor’s registered program shall be observe d. Every ap prenti ce m ust be paid at not less than the rat e specified in the registered prog ram for the apprentice’s level of pro gre ss, e xp ressed as a perce ntage of the jou rn eym en ho url y ra te specified in the appli cable wag e determ inati on. Apprentices shall b e paid fringe b enefits in accord an ce wit h the provisio ns of the appre nticeship pr og ram . If the apprenticeship program do es not specify frin ge ben efits, apprentices m ust be paid the full am ount of fringe ben efits listed on the wage dete rm ination for the applica ble classification. If the Adm inistrator determ ines that a different practice p re vails for the appl icable app renti ce classification, fringes shall be pai d in accorda nce with t hat determ ination. In th e e ven t the Office of Appre nticeship Traini ng, Em ployer a nd Labo r Services, or a State Apprenticeshi p Age ncy recogni zed by the Office, wit hdra ws a pproval of an app renticeship prog ram , the contractor will n o lo nge r be pe rm itted to utili ze apprentices at less than the applicabl e predete rm ined rate for the work pe rform ed un til an acceptable pro gram is approved. (ii) Tr ainees. E xcept a s provi ded in 29 CFR 5.16, traine es will n ot be pe rm itted to work at less than the pred eterm ined rate for the work pe rform ed unless the y a re em ployed pu rsuant ‘,to an d indivi duall y re gistere d in a prog ram which has receive d pri or app ro val, evi dence d by form al certification by the U.S. Departm ent of Lab or, Em ploym ent and Trainin g Adm inistration. The ratio of traine es to journ eym en on t he job site shall not b e gre a ter than p erm itted und er t he pl an app ro ved by the Em ploym ent and Training Adm inistration. Every trai nee m ust be paid at not less than the rat e specified in the approved pro gram for th e traine e’s le vel of progre ss, e xp ressed as a perce ntage of the jou rn eym an ho url y ra te specified in the appl icable wage dete rm ination. Trai ne es shall be p aid fri nge ben efits in accordance wit h the pro visions of the trainee p rogram . If the trainee pro gram does not m ention fringe be nefits, trainees shall be pa id the full am ount of fri nge benefits listed o n the wage determ ination unl ess the Adm inistrator of the W age and Hou r Di vision determ ines that there is an ap pre nticeship prog ram associated with t he corresp ondi ng j ou rne ym an wage rate on t he wag e det erm ination which provi des f or less than full fring e be n efits for apprentices. Any em ployee listed o n the pa yroll at a train ee rate wh o is not registered a nd p articipatin g in a trai ning plan app ro ved by Previous editions are obsolete Page 3 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 the Em ploym ent and T raini n g Adm inistration shall be pa id not less than the applica ble wag e rate on th e wa ge determ ination for the wo rk a ctually perfo rm ed. In ad diti on, any tr aine e perf orm ing wor k on the job site in e xcess of the r atio p erm itted und er th e re gistere d p rog ram shall be paid n ot less than the app l icable wa ge r ate on the wa ge determ ination fo r the wo rk actually perfo rm ed. In the eve nt the Em ploym ent and T raini ng Adm inistration wit hdr a ws a ppr oval of a tra ining pro gr am , the contractor wi ll no lon ger b e perm itted to utilize trai nees at less than the a pplicabl e p re determ ine d r ate fo r th e work p erfo rm ed until an acceptabl e pr ogr am is appro ved. (iii) Equal emplo yment o pportunit y. Th e utili zation of appr entices, traine es and jo urne ym en und er 2 9 CFR Pa rt 5 shall be in conform ity wit h the equal em ploym ent oppo rtunit y req uir em ents of Executive Ord er 11 246, as am ended, and 2 9 CFR Pa rt 30. 5. Compliance w ith Cope land Act requiremen ts. T he contractor shall com ply wit h the re quir em ents of 29 CFR Part 3 which ar e incor por ate d by r efere nce in this contra ct 6. Subcontr ac ts. T he co ntractor or subcontr actor will insert in an y su bcontract s the clauses conta ined in subpar agr aphs 1 th ro ugh 11 in th is pa rag rap h A and su ch other cla uses as HUD o r its designe e m ay b y a ppropria te instructions requi re, an d a copy of the ap plica ble pre vaili ng wa ge d ecision, and also a clause r equi ring t he subcontractors to i nclude t hese clauses in any lo wer tier subcontracts. The p rim e contractor shall b e r esponsi ble for the com pliance by an y subcont ractor or l o we r t ier subcontractor with all th e contract clauses in this para gr aph. 7. Con trac t termination; debarment. A br each of t he contract clauses in 29 CFR 5.5 m ay be g rou nds for term ination of the contract a nd for de ba rm ent as a contractor and a su bcontr actor as pro vid ed i n 2 9 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulin gs and i nter pretati ons of the Davis-B acon a nd Relate d Acts contained in 29 CF R Parts 1, 3, a nd 5 are here in incor por ated b y ref er ence in this contract 9. Disputes conce rning labor standards. Dispu tes arising out of the lab or standards pro visions of t his contract shall not be su b ject to the gene ral disput es clause of this co ntract. Suc h disput es shall be resol ved in accordance wit h the pr ocedur es of the Dep artm ent of Labo r set fo rth i n 29 CFR Parts 5, 6, an d 7. Disput es wit hin the m eaning of this clause include disput es bet we en the contractor (or a ny of its subcontractors) and HUD or its designee, t he U.S. Departm ent of Labo r, o r t he em ployees or the ir r epr esen tatives. 10. (i) Ce rtific ation of Eli gibilit y. By ente rin g into th is contract the contr actor certi fies that neithe r it ( nor he or she) nor an y pe rson or fir m who has an inte rest in t he contractor’s firm is a per son or fi rm ineligibl e to be a wa rde d Gover nm ent contracts by virtue of Section 3 (a ) of the Da vis-Bacon Act or 29 CFR 5.12 (a) (1 ) or t o be a wa rde d HUD co ntracts or particip ate in HUD pro gra ms pursua nt to 24 CFR Pa rt 24. (ii) No part of this contract shall b e subco ntracted t o a ny person or firm ineligibl e for a wa rd of a G overnm ent contract b y virtu e of Section 3 (a) of t he Da vis-Bacon Act or 2 9 CF R 5. 12(a)(1) or to be a warded HUD cont racts or participate i n HUD pro gram s pursuant to 2 4 CFR Part 2 4 . (iii) The pen alty for m aking false statem ents is prescribed in the U.S. Crim inal Cod e, 18 U.S.C. 10 01. Additio nal ly, U.S. Crim inal Cod e, Section 1 0 1 0, Title 1 8, U.S.C., “Fede ral Housin g Adm inistration tra nsactions”, pro vid e s in part: “W hoever, for the pu rpose of . . . influencing in any way th e action of such Adm inistration..... m akes, utters or publishes a ny statem ent kno wing the sam e to be false. .... shall be fine d not m ore th an $5,0 00 o r im prisoned n ot m ore than two ye ars, or b oth.” 11. Complaints, Proce edings, or Te stimon y b y Emplo yees. No l abo re r o r m echanic to whom the wa ge, salary, o r othe r lab or stand a rds pro visions of this Cont ra ct are a pplicabl e shall b e discharg ed o r in a ny other m an ner discrim inated agai nst by the Contracto r or a ny subcontractor because su ch em ployee h as filed a ny com plaint or instituted or caused to be instituted any procee ding o r has testified or is about to testify in any procee ding un de r o r relat ing to the l abo r stan dards applicabl e un der this Co ntra ct to his em ployer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchm en and g ua rd s. (1) O ver time requiremen ts. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liabilit y for unpaid w ages; liquidated damages. In the event of any vi olation of th e clause set forth in sub parag rap h (1 ) of this para gra ph, the co ntrac tor and an y subcontracto r resp onsible therefor shall b e lia ble for the unp aid wa ges. In additio n, such contractor and subcontractor sh all b e lia bl e to the Unite d States (i n t he case of work done u nde r contract fo r th e District of Colum bia o r a te rrito ry, to such District o r to su ch territo ry), for liq uidate d dam ages. Such liq uid ated dam ages shall be com puted wit h resp ect to each ind ivid u al labo rer or m echanic, including watchm en and g uards, em ployed i n vi olatio n of the clause set fo rth in subparagraph (1) of this paragra ph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages requi red by the clause set fort h in sub para graph (1) of this pa rag raph. Previous editions are obsolete Page 4 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (3) W ithholding for unpaid w ages and liquidated damages. HUD o r its designee shall upo n its own action or u pon wr itten r equ est of a n auth ori zed re pr esentative of the Dep artm ent of Labor wit hhold o r cause to be withh e ld, from any m oneys p ayable on account of work pe rform ed by the contractor or subcontr actor unde r an y such contract or any othe r Fed eral contract wit h the sam e prim e contra ct, or a ny other Fed erall y-assisted contract subject to t he Contr act W ork Hours an d Safety Stand ards Act which is held b y the sam e prim e contractor such sums as m ay be determ ined to be necessar y to satisfy any liabilities of such contractor o r subco ntractor fo r un pai d wa ges a nd liquid ated dam ages as provided in the clause set forth in subpar agr aph (2) of this par agra ph. (4) Subcon tra cts. Th e co ntractor o r subcont ractor sh all insert in an y subcont racts the clauses set forth in subpar agr aph ( 1) thr oug h (4 ) of this paragra ph an d also a clause requi rin g the subcontractors to includ e the se clauses in an y l o we r tie r subcontr acts. The p ri m e contractor shall be r espon sible for com pliance b y a ny subcontractor or l o we r tie r subcontractor with the clau ses set forth in subpa ra gra p hs (1) thr oug h ( 4) of this para gr aph. C. Health and Sa fet y. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No la bor er or m echani c shall be re qui red to work in surrou ndi ngs or u nde r working con ditions which are unsanita ry, ha za rdo us, or dang ero us to his health a nd safety as d eterm ined und er construction safety and he al th standards pr om ulgated by the Secr etar y of La bo r by regu lation. (2) Th e Contr actor sh all com ply with all re gulatio ns issued by the Secretar y of Labo r pursu ant to Title 29 Part 1926 and fa ilur e to com ply m ay result in im position of sanctions pursua nt to the Contract W ork Hours an d Saf ety Standards Act, (Public Law 91-5 4, 83 Stat 96). 4 0 USC 3701 et seq. (3) Th e contractor sh all i nclude the pro visions of this para gr aph in ever y subcont r act so that such p ro visions wi ll be bin ding on e ach subcon tractor. The contr actor sh all take such action with r espe ct to any subcontr actor as t he Secretar y of Housing an d Urb an De velo pm ent or t he Secretar y of Lab or shall di rect as a m eans of e nforci ng such provisio ns. Previous editions are obsolete Page 5 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 SECTION 3: CIVIL RIGHTS-EEO-SECTION 3 FORMS A1001 Equal Opportunity Guidelines for Construction Contractors Note: To be included in bid packet and distributed at the preconstruction conference (optional) 1. What are the responsibilities of the offeror or bidder to ensure equal employment opportunity? For contracts over $ 10,000, 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 ensure a legal working environment for all employees? Yes, it is the construction contractor's responsibility to provide an environment free of harassment, intimidation, and coercion to all employees and to notify all 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 site? No, two or more women should be assigned to each site when possible. 4. Are construction contractors required to make special outreach efforts to Section 3 or minority and female recruitment sources? Yes, construction contractors must establish a current list of Section 3, 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 Section 3 residents, minority and females applying for positions with construction contractors? Yes, records must be maintained to include a current list of names, addresses and telephone numbers of all Section 3, 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 TDA. 7. What efforts are made by construction contractors to create entry-level positions for Section 3 residents, 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 Section 3 residents, 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 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 Section 3 residents, minorities and women? The construction contractor must notify, both orally and in writing, Section 3, minority and female recruitment sources one month prior to the date of acceptance for apprenticeship or other training programs. 86 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 ensure privacy. 14. What efforts should be utilized to include minority and female contractors and suppliers? Take affirmative steps to ensure that small, minority, and women owned businesses are included on all lists for contractors/service providers. Solicit these businesses when issuing RFPs and RFQs and soliciting construction bids. Divide project activities into small tasks to allow participation. Keep records of all offers to minority and female construction contractors. 15. If a construction contractor participates in a business related association that does not comply with equal opportunity affirmative action standards, does that show his/her failure to comply? No, the construction contractor is responsible for its own compliance. 16. 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. 17. 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 government. 87 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/County) of _________________. A. To ascertain from the City/County’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 ensure 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 ensure that all appropriate project area business concerns are notified of pending sub-contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. As officers and representatives of (name of company), 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 ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date 88 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Contracts Approx. Total Dollar Estimated No. to local Estimated $ Amount Amount Business Local Business ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Classifications Total Estimated Positions No. of Positions Currently Filled No. of Positions not No. of Positions to Filled fill with LM/ Residents Totals 89 EXHIBITA CERTIFICATIONFORBUSINESSCONCERNSSEEKINGSECTION3 PREFERENCEINCONTRACTINGANDDEMONSTRATIONOFCAPABILITY NameofBusiness: AddressofBusiness: TypeofTrade/ProfessionEstablishedfor: TypeofBusiness: Corporation Partnership SoleProprietorship JointVenture Pleaseselectthestatementbelow(1,2,andor3)thatbestdescribesyourbusiness. 1. 51%(ormore)ofyourbusinessisownedbyaSection3Resident(s).ASection3Residentisapublichousing residentoranindividualwhoresidesinthemetropolitanareaornonmetropolitancountyinwhichtheSection 3coveredassistanceisexpendedandwhoisconsideredtobealow‐toverylow‐incomeperson. Andprovide: Listifcurrentownershipandpercentageofownershipalongwithcontactinformation Anyofthefollowingdocuments,ifavailable: CopyofArticleofIncorporation CertifiedofGoodStanding AssumedBusinessNameCertificate PartnershipAgreement ListofBusinessNameCertificate CorporationAnnualReport LatestBoardminutesappointingofficers Organizationchartwithnamesandtitles Additionaldocumentationandbrieffunctionstatement 2. 3. At least 30% of your business workforce are currently Section 3 residents or were Section 3 eligible residentswithin3yearsofthedateoffirstemploymentwithyourbusiness. Listthenumberoffull‐timeemployees,andprovideoneoracombinationofthefollowingregardingyour employees: ListofemployeesclaimingSection3statuswith3yearsfromdateofemployment otherevidenceofSection3statuslessthan3yearsfromdateofemployment ExhibitKorHcompletedforeachemployeewith3yearsfromdateofemployment PHA/IHAResidentialleaselessthan3yearsfromdayofemployment Atleast25%ofyourtotaldollarawardwillbecontractedtoqualifiedSection3businesses: Provide: AlistofpreviouslycontractedSection3business(es)andsubcontractedamountand AgreetoprovidealistofsubcontractedSection3business(es)andsubcontractamountwhensubmittingbids foranyHUDfundedprojectstomeetthisrequirement. CompanyAuthorizingName,TitleandSignature Date (e.g.PresidentorOwner) Witnessedby(othercompanyofficiale.g.Secretary):_________________________________________________ CameronCountyStaffSignature: CertifiedDate: ___________ 90 EXHIBITB ASSURANCEOFCOMPLIANCE(Section3,HUDACTof1968) TRAINING,EMPLOYMENT,ANDCONTRACTINGOPPORTUNITIESFORBUSINESS ANDLOWERINCOMEPERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section3oftheHousingandUrbanDevelopmentActof1968,asamended,12U.S.C.1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employmentbegiventolowerincomeresidentsoftheprojectareaandcontractsforworkin connectionwiththeprojectbeawardedtobusinessconcernswhicharelocatedinorowned insubstantialpartbypersonsresidingintheareaoftheproject. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient)shallcarryouttheprovisionsofsaidSection3andtheregulationsissuedpursuant theretobytheSecretarysetforthin24CFRPart135(publishedin38FederalRegister29220, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder priortotheexecutionofthis(contract)(agreement).Therequirementsofsaidregulations includebutarenotlimitedtodevelopmentandimplementationofanaffirmativeactionplan for utilizing Section 3 business concerns located within or owned in substantial part by personsresidingintheareaoftheproject;themakingofagoodfaitheffort,asdefinedbythe regulation,toprovidetraining,employmentandbusinessopportunitiesrequiredbySection 3;andincorporationofthe“Section3Clause”specifiedbySection135.38oftheregulationin allcontractsforworkinconnectionwiththeproject.The(applicant)(recipient)certifiesand agrees that it is under no contractual or other disability which would prevent it from complyingwiththeserequirements. C. CompliancewiththeprovisionsofSection3,theregulationssetforthin24CFRPart135,and allapplicablerulesandordersoftheSecretaryissuedthereunderpriortoapprovalbythe Government of the application for this (contract) (agreement), shall be a condition of the Federalfinancialassistanceprovidedtotheproject,bindinguponthe(applicant)(recipient), itssuccessorsandassigns.Failuretofulfilltheserequirementsshallsubjectthe(applicant) (recipient),itscontractorsandsubcontractors,itssuccessors,andassignstothesanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR 135.38(f). APPLICANT: SIGNATURE: ADDRESS: DATE: ________________________ ________________________ ________________________ THIS FORM MUST BE RETURNED WITH YOUR BID 91 EXHIBIT C CONTRACTOR/SUBCONTRACTOR CERTIFICATION REGARDING SECTION 3 AND SEGREGATED FACILITIES ________________________________ COMPANY’S NAME ________________________________ PROJECT NAME The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract. (b) The above stated company is a signatory to the developer’s Section 3 Plan. (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. _______________________________________ NAME AND TITLE OF SIGNER (PRINT OR TYPE) _______________________________ SIGNATURE __________________________ DATE THIS FORM MUST BE RETURNED WITH YOUR BID 92 EXHIBITD CONTRACTOR’SSECTION3PLAN Contractoragreestoimplementthespecificfollowingaffirmativeactionstepsdirectedatincreasingthe utilizationoflowerincomeresidentsandbusinesseswithintheCameronCounty. A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 coveredprojectareaandwhereadvantageous,seektheassistanceoflocalofficialsinpreparing andimplementingtheaffirmativeactionplan. B. Toattempttorecruitfromwithinthecity/county/MSA,thenecessarynumberoflowerincome residentsthrough:localadvertisingmedia,signsplacedattheproposedsitefortheproject,and community organizations and public or private institutions operating within and servicing the projectarea. C. Tomaintainalistofalllowerincomeresidentswhohaveappliedeitherontheirownoronreferral fromanysource,andtoemploysuchpersons,ifotherwiseeligibleandifavacancyexists. D. E. F. G. H. ToinsertthisSection3planinallbiddocumentsandtorequireallbiddersonsubcontractsto submitaSection3affirmativeactionplanincludingutilizationgoalsandthespecificstepsplanned toaccomplishthesegoals. To insure that subcontractors adhere to the Section 3 provisions that are applicable to the Contractor. To insure that all appropriate project area business concerns are notified of pending subcontractualopportunities. Tomaintainrecords,includingcopiesofcorrespondence,memoranda,etc.,whichdocumentthat alloftheaboveaffirmativeactionstepshavebeentaken. ToappointorrecruitanexecutiveofficialofthecompanyoragencyasEqualOpportunityOfficer tocoordinatetheimplementationofthisSection3plan. I. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchaseswhichcontributetoSection3objectives. Tomaintainrecordsofallprojectedworkforceneedsforallphasesoftheprojectbyoccupation, trade,skilllevel,andnumberofpositionsandtoupdatetheseprojectionsbasedontheextentto whichhiringmeetsSection3objectives. Asofficersandrepresentativesof (Company), WetheundersignedhavereadandfullyagreetotheSection3AffirmativeActionPlan,andbecomeaparty tothefullimplementationoftheprogramanditsprovisions. Signature Signature Title Date Title Date THIS FORM MUST BE RETURNED WITH YOUR BID 93 EXHIBITE Section3Clause AllSection3coveredcontractsshallincludethefollowingclause(referredtoastheSection3Clause): A. The work to be performed under this contract is subject to the requirements of Section 3 of the HousingandUrbanDevelopmentActof1968,asamended,12U.S.C.1701u(Section3).Thepurpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistanceorHUD‐ assistedprojects coveredby Section 3,shall,tothegreatestextentfeasible,be directed to low‐and very low‐income persons, particularly person who are recipients of HUD assistanceforhousing. B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which implementSection 3.Asevidencedbytheir executionofthiscontract,thepartiesto thiscontract certify that they are under no contractual or other impediment that would prevent them from complyingwiththepart135regulations. C. Thecontractoragreestosendtoeachlabororganizationorrepresentativeorworkerswithwhichthe contractorhasacollectivebargainingagreementorotherunderstanding,ifanyanoticeadvisingthe labororganizationorworkers’representativeofthecontractor’scommitmentsundertheSection3 clause,andwillpostcopiesofthenoticeinconspicuousplacesattheworksitewherebothemployees andapplicantsfortrainingandemploymentpositionscanseethenotice.Thenoticeshalldescribe theSection3preference,shallsetforthminimumnumberandjobtitlessubjecttohire,availabilityof apprenticeshipandtrainingpositions,thequalificationsforeach;andthenameandlocationofthe person(s)takingapplicationsforeachofthepositions;andtheanticipateddatetheworkshallbegin. D. ThecontractoragreestoincludethisSection3clauseineverysubcontractsubjecttocompliancewith regulationsin24CFRpart135,andagreestotakeappropriateaction,asprovidedinanapplicable provisionofthesubcontractorinthisSection3clause,uponafindingthatthesubcontractorisin violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractorwherethecontractorhasnoticeorknowledgethatthesubcontractorhasbeenfound inviolationoftheregulationsin24CFRpart135. E. Thecontractorwillcertifythatanyvacantemploymentpositions,includingtrainingpositions,that arefilled(1)afterthecontractorisselectedbutbeforethecontractisexecuted,and(2)withpersons otherthanthosetowhomtheregulationsof24CFRpart135requireemploymentopportunitiesto bedirected,werenotfilledtocircumventthecontractor’sobligationsunder24CFRpart135. F. NoncompliancewithHUD’sregulationsin24CFRpart135mayresultinsanctions,terminationofthis contractfordefault,anddebarmentorsuspensionfromfutureHUDassistedcontracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self‐Determination and Education Assistance Act. (25 U.S.C 450e) also appliestotheworktobeperformedunderthiscontract.Section7(b)requiresthattothegreatest extentfeasible(i)preferenceandopportunitiesfortrainingandemploymentshallbegivetoIndians, and(ii)preferenceintheawardofcontractsandsubcontractsshallbegiventoIndianorganizations andIndian‐ownedEconomicEnterprises.Partiestothiscontractthataresubjecttotheprovisionsof Section3andsection7(b)agreetocomplywithSection3tothemaximumextentfeasible,butnotin derogationofcompliancewithsection7(b). 94 EXHIBITF POSTEDNOTICETOPROJECTRESIDENTS Theproject____________________________________________________________________ isbeingfundedbytheU.S.DepartmentofHousingandUrbanDevelopmentasaSection 3 Plan and is intended to inform the public, in particular project residents, of the economicopportunities(jobs)createdthroughtheuseofthefederalaward. Contractor/subcontractorintendstohireforthefollowingpositions: Numberof Jobs Title DescriptionofQualifications/Licensure/Certification Section3preferences: 1.Personsresidingintheprojectareaandwhoareoflow‐tovery‐low‐income 2.ParticipantsinHUDYouthbuild 3.HomelessPersons 4.ResidentsofthelocalPublicHousingAuthority 5.ResidentsofthelocalSection8HousingAssistanceProgramunits For more information including job applications, apprenticeships, training positions, andqualifications,contact: NameofContractor: ContactPerson: Address: City,State,Zip: Phone: Estimatedconstructionstartdate:____________________________ 95 EXHIBITG ESTIMATEDWORKFORCEBREAKDOWN NAMEOFBUSINESS/CONTRACTOR/SUBCONTRACTOR_______________________________ COLUMN1 COLUMN2 COLUMN3 COLUMN4 COLUMN5 COLUMN6 JOBCATEGORY SPECIFICJOBTITLE TOTALESTIMATE POSITIONS NO.POSITIONSCURRENTLY OCCUPIEDBYPERMANENT EMPLOYEES NO.POSITIONSNOT CURRENTLYOCCUPIED NO.POSITIONSTOBEFILLED WITHSECTION3 RESIDENTS/LOWINCOME PERSONS* OFFICERS SUPERVISORS PROFESSIONALS TECHNICIANS HOUSING SALES/RENTAL MANAGEMENT OFFICECLERICAL SERVICEWORKERS OTHERS TRADE: Plumbing/Electrical/HVAC/Construction/Other:____________ JOURNEYMEN COMMONLABORERS APPRENTICES MAXIMUMNO.OF TRAINEES TRADE: Plumbing/Electrical/HVAC/Construction/Other:____________ JOURNEYMEN COMMONLABORERS APPRENTICES MAXIMUMNO.OF TRAINEES TRADE: Plumbing/Electrical/HVAC/Construction/Other:____________ JOURNEYMEN COMMONLABORERS APPRENTICES MAXIMUMNO.OF TRAINEES TRADE: Plumbing/Electrical/HVAC/Construction/Other:____________ JOURNEYMEN COMMONLABORERS APPRENTICES MAXIMUMNO.OF TRAINEES *ASection3Residentis1)apublichousingresident;or2)aloworverylowincomepersonresiding inthemetropolitanareaornon–metropolitancountywheretheprojectislocated. FOR ALL NEW HIRES MUST COMPLETE AN INCOME DOCUMENTATION CERTIFICATION—SEE EXHIBITSKANDL. For all new hires, employer/contractor must contact their respective Texas Workforce Solutions BoardandaccesstheWork‐In‐TexasSiteandverifythatitwasdone. (https://wit.twc.state.tx.us/WORKINTEXAS/wtx?pageid=APP_HOME&cookiecheckflag=1) Signature:______________________________________________ Date:_ 96 ExhibitH WORKFORCECENTERINFORMATION WorkforceSolutionsCameronandWillacy PatHobbs–ExecutiveDirector BrownsvilleOffice LoriVillarreal–CenterManager 851OldAliceRoad Brownsville,TX78520 Tel:(956)546‐3141 Fax:(956)544‐6003 HarlingenOffice BelindaOlivarez–CenterManager 601E.HarrisonStreet Harlingen,TX78550 Tel:(956)423‐9266 Fax:(956)423‐3770 SatelliteOffice(LimitedServices) LoriVillarreal–CenterManager 5636SouthmostRoad Brownsville,TX78550 Tel:(956)621‐3480 Fax:(956)621‐3483 WillacyCounty BrendaGuerrero–CenterSupervisor 700FM3168Ste.3 Tel:(956)689‐3412 Fax:(956)690‐0285 Raymondville,TX78580 **CentersareopenMondaythroughFridayfrom8:00a.m.to5:00p.m.,exceptonfederalholidays.** 97 EXHIBITI SECTION3MONTHLYCOMPLIANCEFORM Contractorandallsubcontractor(s)mustsign,dateanddeliverthisformmonthlyto: CameronCountyProgramDevelopment&ManagementDepartment 1100E.MonroeRoom105 Brownsville,Texas78520 Or CONTRACTOR(presentfirm(s)youhavesubcontractedwithunderthisSection3CoveredProject). NameofFirm:__________________________ ProjectName: ProjectLocation: FortheMonthof:____________________________________ I. Hiring/Selectone: ___Ihavenothiredanynewemployeesduringthemonthspecified. ___Ihavehired____Section3employees,and/or______non‐Section3employeesduringthemonth. II. Recruitment IhavetakenoneormoreofthefollowingrecruitmentstepstohireaSection3residentwiththehighesttrainingandemployment priorityranking:(checkallthatapply) ___IhavemadeTexasWorkforceSolutionsCenter,and/orWorkInTexas.comtheinitialcontactforallnewhires. ___ I have advertised to fill vacancy(ies) at the site(s), where work is taking place, in connection with this project. Below, I have checked the steps I have taken to find Section 3 low‐income residents, from the targeted groups and neighborhoods,tofillanyvacancies. ___Placedsignsorpostersinprominentplacesatprojectsite(s). ___Takenphotographsoftheaboveitemtodocumentthattheabovestepwascarriedout. ___DistributedemploymentflyerstotheadministrativeofficeofthelocalPublicHousingAuthority. ___ContactedCameronCountyemploymentreferralsorYouthbuildProgramreferrals. ___KeptalogofallapplicantsandindicatedthereasonswhySection3residentswhoappliedwerenothired. ___RetainedcopiesofanyemploymentapplicationscompletedbyPublicHousingAuthority,Section8certificateor voucherholdersorotherSection3residents. ___SentanoticeaboutSection3trainingandemploymentrequirementsandopportunitiestolabororganizationsorto workerrepresentativeswithwhomourfirmhasacollectivebargainingorotheragreement. III.Verification ____Ihaveattachedproofofallcheckeditems. Iherebycertifythattheaboveinformationisatrueandcorrect. ____________________________ Signature ________________________________ Title BusinessName:____________________________ _______________________ Date 98 EXHIBITJ MONTHLYEMPLOYMENTUTILIZATIONREPORT TO:_CAMERONCOUNTY‐PD&MDEPT.1100E.MonroeSt.Brownsville,Tx. FROM:_________________________ (Contractor) ADDRESSOFCONTRACTOR NAMEOFPROJECT: Street BidNo.: City,State GRANTNUMBER: CONTRACTOR’SPHONENUMBER: ( ) REPORTINGPERIOD:_______________________________ PERCENTAGEOFPROJECTCOMPLETION: CLASSIFICATION WORKHOURSOFEMPLOYMENTONTHISPROJECT TOTAL BLACK WHITE ASIANOR PACIFIC ISLANDER HISPANIC FEMALE DISABLED VETERAN SECTION3 RESIDENT 0 0 0 0 0 0 0 0 0 OFFICERS SUPERVISORS PROFESSIONALS TECHNICIANS HOUSINGSALES/RENTAL MANAGEMENT OFFICECLERICAL SERVICEWORKERS JOURNEYMEN COMMONLABORERS APPRENTICES TRAINEES TOTAL %OFMINORITYEMPLOYEES %FEMALEEMPLOYEES %LOWINCOME/SECTION3EMPLOYEES %HANDICAPPEDEMPLOYEES 0 #DIV/0! #DIV/0! #DIV/0! #DIV/0! _________________________________________________________________________ SIGNATURE TITLEOFCOMPANYOFFICIALCOMPLETINGREPORT ____________________ DATESIGNED **ThisformmustbecompletedmonthlybytheGeneralContractorforallworkers** 99 EXHIBITK SECTION3EMPLOYEEDATA&CERTIFICATION TheU.S.DepartmentofHousingandUrbanDevelopment(HUD)requiresthattheCameronCountydocumenttheincomeof newly hired persons working on federally‐funded construction projects. This form may also be utilized as supportive documentationforExhibitA(#2)andisintendedtocomplywithHUDCommunityDevelopmentBlockGrantrequirements. SectionI Applicant’sName: JobTitle: _____ Address: Phone: _____ Whatisyourrace?(Circleone) WHITE BLACK/AFRICANAMERICAN ASIAN AMERICANINDIAN/ALASKANNATIVE NATIVEHAWAIIAN/OTHERPACIFICISLANDER ASIAN&WHITE BLACK&WHITE AM.INDIAN/ALASKANNATIVE&BLACK OTHERMULTIRACIAL IsyourfamilyofHispanicorigin?(Circleone) YES NO DoyoucurrentlyresideinPublicHousing?Ifyes,youdonotneedtofillouttherestofthisform. (Circleone)YESNO Haveyoubeenunemployedinthelast3years?Ifyes,youdonotneedtofillouttherestofthisform. (Circleone)YESNO SectionII Atthetimeofhirebyyourcurrentemployerwereyoulowincome/unemployed/oraSection3residentwithin3yearsofthe dateoffirstemployment?(CircleOne)YESNO Howmanypeopleareinyourfamily?(Circleone)12345678+ Whatisyourfamily’sgrossannualincome(beforetaxes)? ___ Icertifythatalloftheaboveinformationistrueandcorrecttothebestofmyknowledge. _____________________________________________ Employee’sSignature Date 100 EXHIBITL SECTION3EMPLOYEEDATA&CERTIFICATION ElDepartamentodeViviendayDesarrolloUrbano(HUD)requierequeelCondadodeCameronobtengadocumentosde ingresos delas personas nuevamente empleadas que trabajan en los proyectos que reciben beneficios de programas federales. Esta formulario se puede utilizar como documentacion de apoyo para el Anexo A (#2) pero tabmbien es requeridaparacumplirconlosrequisitosdeSubvencióndeBloquedeDesarrollodeComunidaddeHUD. SeccionI NombredelParticipante: TitulodeTrabajo: Direccion: Telefono: ¿Cuálessuraza?(Circuleuno) AMERICANO NEGRO/AMERICANOAFRICANO ASIÁTICO INDIOAMERICANO/NATURALDEALASKA NATURALDEHAWAII/ELOTROISLEÑOPACÍFICO ASIÁTICO&AMERICANO AMERICANOAFRICANO&AMERICANO INDIAAMERICANO/NATURALDEALASKA&AMERICANOAFRICANO ELOTROMULTI‐RACIAL ¿Estásufamiliadeorigenhispánico?(Circuleuno) Sí No ¿Enlaactualidadresideenunaviviendapublica?Sisurespuestaessi,notienequeterminaresteformulario.(Circule uno) Sí No ¿Haestadodesempleadoenlosultimostesaños?Sisurespuestaessi,notienequeterminaresteformulario.(Circule uno) Sí No SeccionII Almomentodesercontratadoporsuempleadoractual,¿eraustedunapersonadebajosingresos/desempleado/oun residentedelaSección3enlos3añossiguientesalafechadesuprimerempleo?(Circuleuno) Sí No ¿CuantospersonasensuFamilia?(Circuleuno)12345678+ ¿Cuálesdineroanualgruesadesufamilia(antesdeimpuestos)? ______ Certificoquetodalainformaciónantedichaestáverdadycorrectaalmejordemiconocimiento. _______________________________________ FirmadelEmpleado Fecha 101 EXHIBITM ContractorPerformanceEvaluationFormforReconstruction/RehabilitationAssignments ContractorName: Date: Evaluatedby: Thefollowingevaluationisfortheperiodof______________________.Contractorperformanceforthecriteriaidentifiedbelow isbasedonascaleof1–4,four(4)beingthehighestperformancescore.Preferenceinassignmentswillbegivento contractor(s)withthehighesttotalperformancescore. 1–Unacceptable 2–NeedsImprovement 3–MeetsExpectation 4–ExceedsExpectation PerformanceCriteria Score Section3Compliance 1‐NohistorywithSection3hiring. 2‐FullcompliancewithSection3Planswithouthiring. 3‐MeetingthetargetedSection3goals 4‐ExceedingthetargetedSection3goals,and/orverificationthat30%of hoursworkedbySection3residents,ashighestpriorityawardassumingall otherperformanceisadequate. Workmanship/FinalInspection 2–Passesfinalinspection,withre‐inspection. 4–Passesfinalinspection,withnore‐inspectionneeded. ConstructionBuildTime(days) 1‐>90 2–61–90 3–36–60 4‐<36days CustomerServiceforContractorPerformanceSurvey 1–AverageContractorPerformanceSurveyscoreislessthan2. 2–AverageContractorPerformanceSurveyscoreis2and2.9. 3–AverageContractorPerformanceSurveyscoreisbetween3and4. 4–AverageContractorPerformanceSurveyscoreisgreaterthan4. ProjectManagement(1–4points) ‐ Removesallconstructiondebrisfromthesite;leaveshomemove‐in ready ‐ Safeandsecureworksite ‐ Appropriatesignageandnotificationsarepostedatworksite ‐ Timelysubmittalofallrequireddocumentationincludinginspectionand drawrequests BonuspointforCertifiedSection3Business(1pointmax) TotalPerformanceScore CompletedbySection3Coordinator: Supporting Documentation/Observati ons Date: 102 ExhibitM#2 HOUSING ASSISTANCE ContractorPerformanceSurvey ContractorName: Date: Evaluatedby: PleasetakeamomenttoanswerourquicksurveyandevaluateyourContractor’sperformanceforthe criteriaidentifiedbelow.Circleascoreof1–4,four(4)beingthehighestscore. Thecompletedhomemetyourexpectationsasdiscussedwithyoupriorto beginningtheproject. 1 2 3 4 Thepeopleyouworkedwithwerepoliteandknowledgeable. 1 2 3 4 Youwerekeptinformedofprogresstowardcompleting yourhome. 1 2 3 4 Thecontractorwasresponsivetoyourneeds. 1 2 3 4 Thejobsitewasorganizedandclean. 1 2 3 4 Yournewhomewasmove‐inreadywhenyouweregivenkeys. 1 2 3 4 Ratetheoverallperformanceofyourcontractor. 1 2 3 4 TotalScore Wereallconcernsregardingtheconstructionofyourhomeresolved?Ifnot,pleasetelluswhatwasnot corrected.Beasspecificaspossible. SignatureofHomeowner:__________________________________ ForOfficeUse Date:___________________ Methodsurveyreceived Mail Basedonhomeownerresponse,isfurtheractionrequired? FollowUpAssignedto IssueResolved Phone Web Yes No Yes No Date Notes: StaffSignature:_________________________________ 103 EXHIBIT N Section 3 Action Plan All firms and individuals bidding on any Section 3 covered contract with Cameron County MUST COMPLETE AND SUBMIT THIS ACTION PLAN WITH THE BID, OFFER, OR PROPOSAL. Any solicitation response that does not include this document (completed and signed) will be considered non-responsive and not eligible for award. PRELIMINARY STATEMENT OF CURRENT WORKFORCE AND HIRING NEEDS THIS PLAN OUTLINES YOUR COMMITMENT TO CAMERON COUNTY SECTION 3 HIRING GOALS COMPANY NAME: ____________________________________________________________________________ ADDRESS: ____________________________________________________________________________ PROJECT (BID/RFP#): GENERAL JOB CATEGORY: Examples ADMINISTRATIVE ASST., OFFICE MANAGER, CLERK, PROJECT MANAGER, EQUIPMENT MECHANIC, JANITORIAL, HOUSING MANAGEMENT, LABORER, LANDSCAPER, GLAZIER-JOURNEYMAN, GLAZIER-APPRENTICE, PLUMBER-JOURNEYMAN, PLUMBERAPPRENTICE SUBCONTRACTOR (A) (B) (C) (D) # of CURRENT Employees (Core Staff) PROJECTED # of new Hires FOR THIS PROJECT PROJECTED # of Section 3 Hires PROJECTED Section 3 Hires as a Percentage of NEW HIRES % % % % % % % (Check here and attach another sheet if applicable) Check this box if contractor does not anticipate triggering the regulation by the need for new hiring or subcontracting opportunities. Complete the signature block at the bottom of this page. I attest that the above information is true and correct. The company certifies that the above table represents the appropriate number of employee positions and also represents the number of Section 3 employees that the company proposes to hire. Signature Printed Name Title Date THIS FORM MUST BE RETURNED WITH YOUR BID 104 SECTION 4: TECHNICAL SPECIFICATIONS (THIS PAGE INTENTIONALLY LEFT BLANK) DIVISION 1 – GENERAL REQUIREMENTS (THIS PAGE INTENTIONALLY LEFT BLANK) SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and Contract documents, including Division 0 and Division 1 Contract requirements and technical Specifications. 1.02 SCOPE OF WORK A. This section describes the Project in general and provides an overview of the extent of the Work to be performed by the CONTRACTOR. Detailed requirements and extent of Work is stated in the applicable Specification Sections and shown on the Drawings. CONTRACTOR shall, except as otherwise specifically stated herein or in any applicable part of these Contract Documents, provide and pay for all labor, materials, equipment, tools, construction equipment, and other facilities and services necessary for proper execution, testing, and completion of the Work. B. Any part or item of the Work which is reasonably implied or normally required to make the installation satisfactorily operable shall be performed by the CONTRACTOR and the expense thereof shall be included in the applicable unit prices or lump sum prices bid for the Work. It is the intent of these Specifications to provide the OWNER with the complete system. All miscellaneous appurtenances and other items of Work that are incidental to meeting the intent of the Specifications shall be considered as having been included in the applicable unit prices or lump sum prices bid for the Work even though these appurtenances and items may not be specifically called for in the Bid Documents. C. The Work shall include furnishing all tools, labor, materials, equipment, spare parts and miscellaneous items necessary for the complete construction of the following: 1. Installation of a gravity sanitary sewer collection system including but not limited to PVC pipe, fiberglass manholes, service connections, and private yard lines. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Execute all Work, including excavation, installing pipe and backfill, constructing or installing lift station wet wells and associated buildings and odor control, installing electrical equipment, and miscellaneous site work, concrete and testing. The Work of this Contract is specified on the Drawings and in the Technical Specifications listed in the Table of Contents. B. Secure all construction-related permits, other than those provided by OWNER, and pay for the same. C. Arrange for the necessary temporary water service and pay for this service and all water consumed during the construction Work. D. Provide adequate temporary sanitary facilities. SUMMARY OF WORK 01010 - 1 1.04 TRAFFIC CONTROL A. Develop and submit a traffic control plan which will show both day and night time operations for the installation of the lift stations, pipelines, and associated improvements in conformance with the current edition of the Texas Manual of Uniform Traffic Control Devices for plan review and approval by the OWNER and TXDOT prior to the start of construction. The TXDOT permit for work in the TXDOT ROW is subject to TXDOT approval of the CONTRACTOR's traffic control plan. B. Furnish, install and maintain barricades, warning signs and other traffic handling devices of the size and type specified in the Manual of Uniform Traffic Control Devices or as directed by the ENGINEER or highway department official. C. Inspect and properly maintain traffic controls each evening and during the weekend in addition to normal daytime working hours. The CONTRACTOR is responsible for all costs associated with installation and maintenance of traffic controls. D. Designate one person who will be accessible to the OWNER on a 24-hour basis and will be responsible for the maintenance of the barricades and the work site. E. Coordinate any interruption of traffic with TXDOT, the OWNER, Fire and Police Departments, and the ENGINEER at least 24 hours in advance of such interruptions. F. Furnish, install, and maintain street barricades on all dead end streets and as necessary during construction to maintain job safety. 1.05 EASEMENTS OF RIGHT-OF-WAY A. CONTRACTOR shall confine his construction operations within the limits indicated on the Drawings, and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies so as to cause the least possible damage to property and interference with traffic. If the CONTRACTOR requires additional easement for his operations, the CONTRACTOR is solely responsible for acquisition and maintenance of the easement. No additional compensation will be provided by the OWNER. B. Easements 1. Easements across private property are indicated on the Drawings. CONTRACTOR shall set stakes to mark the boundaries of construction easement across private property. The stakes shall be protected and maintained until completion of construction and cleanup. C. Rights-of-Way 1. Permits for Work in rights-of-way shall be obtained by the CONTRACTOR. All Work performed and all operations of CONTRACTOR, his employees, or subcontractors, within the limits of railroad and highway rights-of-way, shall be in conformity with the requirements and be under the control (through OWNER) of the railroad or highway authority owning, or having jurisdiction over and control of, the right-of-way in each case. SUMMARY OF WORK 01010 - 2 1.06 OPERATION OF EXISTING FACILITIES A. Existing water and wastewater facilities shall be kept in continuous operation throughout the construction period. No interruption will be permitted which adversely affects the degree of service provided. Provided permission is obtained from OWNER in advance, portions of the existing facilities may be taken out of service for short periods corresponding with periods of minimum service demands. B. CONTRACTOR shall provide temporary facilities and make temporary modifications as necessary to keep the existing facilities in operation during the construction period. 1.07 CONNECTIONS TO EXISTING FACILITIES A. Unless otherwise specified or indicated, CONTRACTOR shall make all necessary connections to existing facilities including structures, drain lines, and utilities. In each case, CONTRACTOR shall receive permission from OWNER or the owning utility prior to undertaking connections. CONTRACTOR shall protect facilities against deleterious substances and damage. B. Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaken the connection. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. 1.08 UNFAVORABLE CONSTRUCTION CONDITIONS A. No portion of the Work shall be constructed under conditions which adversely affect the quality or efficiency thereof, unless special means or precautions are taken by CONTRACTOR to perform the Work in a proper and satisfactory manner. END OF SECTION SUMMARY OF WORK 01010 - 3 THIS PAGE LEFT INTENTIONALLY BLANK SUMMARY OF WORK 01010 - 4 SECTION 01019 CONTRACT CONSIDERATIONS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Payment Procedures B. Change Procedures C. Measurement and Payment for Unit Prices D. Correlation of CONTRACTOR Submittals 1.02 PAYMENT PROCEDURES A. Submit one (1) copy of the Application for Payment based upon Application for Payment, or other proposed format as agreed upon by OWNER in advance of request. B. Payment Period: at intervals stipulated in the Agreement. C. Submit an updated Progress Schedule and Photographs with each Application for Payment in accordance with Section 01300 - Submittals. D. Submit data justifying dollar amounts in question when ENGINEER requires substantiating information. 1.03 CHANGE PROCEDURES A. ENGINEER may advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Paragraph 9.5 of the General Conditions. B. ENGINEER may amend or supplement the Contract Documents as authorized by General Conditions by issuing a detailed description of a proposed change with supplementary or revised Drawings and Specifications, including a change in Contract Time related to the change (with a stipulation for any overtime work required) and the period of time during which the requested price will be considered valid. Prepare and submit an estimate within 15 days. C. Propose a change by submitting request for change to ENGINEER and describe the proposed change and its full effect on the Work. Describe the reason for the change and the effect on the Contract Price and Contract Time with full documentation (and a statement describing the effect on Work by separate or other contractors). Document any requested substitutions In accordance with the Procurement General Conditions. D. Stipulated Price Change Order: based on CONTRACTOR's maximum price quotation or CONTRACTOR's request for a Change Order as approved by ENGINEER. E. Unit Price Change Order: for pre-determined unit prices and quantities and executed on a fixed unit price basis. Changes in Contract Price and Contract Time to be computed as specified for Time and Material Change Order. CONTRACT CONSIDERATIONS 01019 - 1 F. Time and Material Change Order: based on itemized account and supporting data after completion of change within time limits indicated in the General Conditions. ENGINEER to determine the change allowable in Contract Price and Contract Time as provided in the General Conditions. Maintain detailed records of work done on this basis, provide full information required for evaluation of proposed changes, and substantiate costs for changes in the Work. G. Change Order Form: based on Change Order Form, or other proposed format as agreed upon by OWNER in advance of request. 1.04 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Progress Schedules to reflect any change in Contract Time and revise sub-schedules to adjust time for other items of the Work affected by the change. B. Promptly enter changes in Project Record Documents. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION CONTRACT CONSIDERATIONS 01019 - 2 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 SECTION INCLUDES A. Measurement and payment criteria applicable to the Work performed under a unit price payment method. B. Defect assessment and non-payment for rejected work. 1.02 AUTHORITY A. This Section is the authority for measurement methods and definitions of pay items, and supersedes any such direction which may be stated or implied in the Drawings or in individual sections of the technical specifications (Divisions 2 and higher). B. Take all measurements and compute quantities. The OWNER will verify measurements and quantities. C. Assist by providing necessary equipment, workers, and survey personnel as required. 1.03 UNIT QUANTITIES SPECIFIED A. Quantities indicated in the Bid Proposal are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by the OWNER determine payment. B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit sum/prices contracted. 1.04 MEASUREMENT OF QUANTITIES A. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness. B. Measurement by Area: Measured by square dimension using mean length and width or radius. C. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. D. Stipulated Sum/Price Measurement: Items measured by weight, volume, area, 1.05 PAYMENT A. Payment Includes: Full compensation for all required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work, including overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by the OWNER multiplied by the unit sum/price for Work which is incorporated in or made necessary by the Work. MEASUREMENT AND PAYMENT 01025 - 1 1.06 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. The individual specification sections may modify these options or may identify a specific formula or percentage sum/price reduction for defective Work. C. The authority of the OWNER to assess the defect and identify payment adjustment, is final. 1.07 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. 1.08 STANDARDS FOR COMPUTING PAY ITEMS A. See the General Conditions, particularly paragraphs 2.6.3, 2.9, and 14.1, for additional direction regarding use and application of pay items. B. The intent of Pay Items is to address all items shown, specified, required, reasonably implied, or otherwise necessary for the completion of the Work indicated in the Contract Documents. No separate payment will be made for costs (including, but not necessarily limited to labor, equipment, materials, or other CONTRACTOR expenses) arising from the completion of the Work which was indicated in the Contract Documents, whether or not a Pay Item expressly includes such costs. Should the Work include costs not expressly included in any Pay Item, CONTRACTOR is presumed to have included such costs in his bid under related pay items. 1. Other Pay Items not specifically listed in the Pay Item Descriptions below, which are for specific work (such as decommissioning or demolition of an existing facility), may be identified in the Bid Form. These items are provided in order to establish a basis for payment upon completion of work including and related to that described for the Pay Item in the Bid Form. Should the Work include costs not expressly or impliedly included under any Pay Item, CONTRACTOR is presumed to have included such costs in his bid under the Pay Item entitled "ALL OTHER WORK". C. Excavation is unclassified, and construction requiring excavation is paid under the appropriate Pay Item value regardless of the character of ground encountered during Construction. D. Pay Item Descriptions 1. MOBILIZATION - Lump sum price (which shall not exceed 5% of the Total Base Bid Amount) shall include all work necessary to mobilize, demobilize and remobilize as necessary to perform Work in accordance with the Contract Documents. 2. REMOVE EXISTING PIPE - Price per linear foot of water and/or sewer (gravity or pressure) line removed and disposed of, regardless of size, depth, or material, which MEASUREMENT AND PAYMENT 01025 - 2 follows the same general alignment of proposed pipes. Flow bypass operations to maintain service to connected customers during construction is also included. 3. ABANDON EXISTING PIPE - Price per cubic yard of flowable fill or grout to be placed in existing buried pipes which are to be filled and abandoned in place. 4. (EACH SIZE) PRESSURE PIPE - Price per linear foot of water and/or pressure sewer line regardless of material and depth of installation shall include furnishing, installing, excavating, bedding, backfilling, and testing the pipe and fittings. Also included is the incidental removal and replacement of existing structures (including all occurrences of less than 25 feet of contiguous pipe) which conflict with, but do not follow the same general alignment of proposed pipes. Restoration, including but not limited to replacement of pavement for the width of the trench plus benches on either side of the trench is also included. 5. CONNECT TO EXISTING (EACH SIZE) DRY LINE - Price per each connection shall include all work necessary for locating and making connection to existing inactive pressure line; including fittings and removing abandoned pipe. 6. CONNECT TO EXISTING (EACH SIZE) WET LINE - Price per each connection shall include all work necessary for locating and making connection to existing active pressure line; including fittings and removing abandoned pipe. 7. (EACH SIZE) (EACH TYPE) VALVE - Price per each for buried valves furnished, installed, excavated, bedded, backfilled, and tested, regardless of depth. 8. (EACH SIZE) GRAVITY SEWER AT (EACH DEPTH) - Price per linear foot of gravity sewer line regardless of material shall include furnishing, installing, excavating, bedding, backfilling, and testing the pipe and appurtenances. Depth for payment shall be measured from the finished grade to the invert of the pipe. Connection to existing gravity sewer lines, manholes, and service connections (whether active or inactive), which is necessary for completion and activation of the new sewer, is included. Also included is the incidental removal and replacement of existing structures (including all occurrences of less than 25 feet of contiguous pipe) which conflict with, but do not follow the same general alignment of proposed pipes. Restoration, including but not limited to replacement of pavement for the width of the trench plus benches on either side of the trench is also included. 9. OPEN-CUT SEWER SERVICE LATERALS - Price per each lateral constructed between the sewer main trench excavation and the property line of the customer served, regardless of size, including a new cleanout at the property line, as well as determining location of and making connection to the existing lateral at the property line. Price includes furnishing, installing, excavating, bedding, backfilling, and testing the lateral and appurtenances. Restoration, including but not limited to replacement of pavement for the width of the trench plus benches on either side of the trench is also included. 10. JACKED SEWER SERVICE LATERALS - Price per each lateral constructed between the sewer main trench excavation and the property line of the customer served by jacking methods, regardless of size, including a new cleanout at the property line, as well as determining location of and making connection to the existing lateral at the property line. Price includes furnishing, installing, and testing the lateral and appurtenances, as well as excavating, backfilling, and restoration of entry and exit pit areas. MEASUREMENT AND PAYMENT 01025 - 3 11. (EACH DIAMETER) MANHOLES AT (EACH DEPTH RANGE) - Price shall be determined per each manhole based on the specified depth range (for example,0-8 feet, 8-12 feet, etc.). The depth shall be the actual depth from the top to the flow line of the manhole. Price shall include frame and standard or water tight covers. Restoration, including replacement of pavement for the manhole excavation plus benches around the excavation is also included. 12. DROP CONNECTIONS - Price shall be determined per vertical foot for each manhole drop connection constructed regardless of size. Depth for payment shall be measured between the upper and lower inverts of the drop pipe. 13. REMOVE EXISTING MANHOLE - Price per each manhole removed and disposed of, regardless of diameter, depth, or material. 14. ABANDON EXISTING MANHOLE - Price per each manhole abandoned in place, including plugging connected sewer lines, excavating, backfilling, filling manhole, removing upper section(s), and pavement replacement for the extent of the excavation plus benches around the excavation perimeter. 15. JACK & BORE (EACH CASING SIZE) - Price shall be determined per linear foot for furnishing and installing casing pipe by boring or tunneling, furnishing and threading carrier pipe, blocking, sealing ends; excavating, dewatering, and backfilling pits; and all other work that is required to complete the installation. 16. (EACH SIZE) CASING PIPE - OPEN TRENCH - Price shall be determined per linear foot for furnishing and installing casing pipe in an open trench, furnishing and threading carrier pipe, spacers, sealing ends, pits and all other work that is required to complete the installation. Price shall include excavation and backfill. 17. (EACH SIZE) CURE-IN-PLACE PIPING - Price shall be determined per linear foot of pipe, for furnishing, installing, cleaning, and televising cure-in-place piping, and shall include staging and restoration of entry and exit areas. Flow bypass operations to maintain service to connected customers during construction is also included. 18. (EACH EXISTING SIZE X PROPOSED SIZE) PIPE BURSTING - Price shall be determined per linear foot of pipe, for furnishing, installing, and testing pipe burst construction, and shall include staging, excavation, dewatering, backfilling, and restoration of entry and exit areas. Flow bypass operations to maintain service to connected customers during construction is also included. 19. DEWATERING - Price shall be determined per linear foot of pipe installed by open trench methods, where dewatering is deemed necessary by the OWNER's inspector in order to keep the trench dry for pipe installation. 20. TRENCH SAFETY - Price shall be determined per linear foot of trench, where excavation depth exceeds five feet, to include compliance with all applicable OSHA and Texas Health and Safety Code requirements. 21. TRENCH SAFETY PLAN - Lump Sum Price shall include compensation for CONTRACTOR's registered Professional Engineer to design the Trench Safety system, as well as CONTRACTOR's training of employees and other related administration of the Trench Safety Plan. 22. PAVEMENT REPLACEMENT - Price shall be determined per square yard of asphaltic pavement to be replaced outside of utility excavation limits, including removal of existing subgrade, base, and surface, and replacement with new subgrade, base, and surface. MEASUREMENT AND PAYMENT 01025 - 4 23. PAVEMENT REPAIR - Price shall be determined per square yard of asphaltic pavement to be repaired outside of utility excavation limits, including milling of existing surface, and replacement with new surface. 24. LIFT STATION - Lump Sum Price shall include all work (including, but not limited to civil, mechanical, electrical, structural, start-up, and testing work) within the area of the limits of construction as shown on Drawings as necessary for the complete construction and/or rehabilitation of the lift station, including dewatering, and decommissioning and removal of existing components as called for. Price shall also include associated landscaping and access drive improvements located outside of the proposed fence area or lot, as well as lift station-specific appurtenances (e.g., manhole, flow meter or force main air release valve) and connections located outside of the proposed fence area or lot due to site space limitations. 25. ALL OTHER WORK - Lump Sum Price shall include all work indicated in the Contract Documents (including, but not necessarily limited to labor, equipment, materials, or other CONTRACTOR expenses arising from the completion of the Work) which the CONTRACTOR deems to be expressly and impliedly omitted from, and unrelated to, other Pay Items listed in the Bid Form. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION MEASUREMENT AND PAYMENT 01025 - 5 THIS PAGE INTENTIONALLY LEFT BLANK MEASUREMENT AND PAYMENT 01025 - 6 SECTION 01039 COORDINATION AND MEETINGS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Coordination. B. Preconstruction Conference. C. Site Mobilization Meeting. D. Progress Meetings. E. Preinstallation Conference. F. Field Engineering. 1.02 COORDINATION A. Inform OWNER and ENGINEER of the address for sending to which official correspondence and the address and telephone number of CONTRACTOR's representative who will be Project Manager for the Contract and responsible and available outside of normal working hours for emergency repairs and maintenance of safety devices. B. During periods of construction and testing keep OWNER and ENGINEER informed in writing with name, address, and telephone number of CONTRACTOR's representative who will be responsible and available outside of normal working hours for emergency repairs and the maintenance of safety devices. C. Identify correspondence, drawings, data and materials, packing slips or other items associated with this Contract as that identified on the Cover. D. Coordinate scheduling, submittals, and Work for the various Sections of Specifications to effectuate an efficient and orderly sequence for installing interdependent construction elements, with provisions for accommodating items installed later. E. Coordinate Work of various Sections with interdependent responsibilities for installing, connecting to, and placing in service, operating equipment. F. Coordinate space requirements and installation of mechanical and electrical work, which are indicated by diagram on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. G. In finished areas (except as otherwise indicated), conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. H. Coordinate completion and clean up of Work of separate sections in preparation for Substantial Completion and for portions of Work designated for OWNER's partial occupancy. COORDINATION AND MEETINGS 01039 - 1 I. After OWNER occupancy of premises, coordinate access to site for correction of defective Work and/or incomplete Work to minimize disruption of OWNER's activities. J. Provide coordination in accordance with Article 7 of the General Conditions. 1.03 PRECONSTRUCTION CONFERENCE A. OWNER to schedule a preconstruction conference in accordance with General Conditions Article 2. B. Agenda: 1. Distribute Contract Documents. 2. Finalize preliminary Progress Schedule, submittal schedule and schedule of values. 3. Designate personnel representing each party. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, testing, Change Orders and Contract closeout procedures. 5. Scheduling. 1.04 SITE MOBILIZATION MEETING (NOT USED) A. OWNER to schedule a meeting at the Project site before CONTRACTOR occupancy. B. Attendance Required: OWNER, *ENGINEER, * *Special Consultants, * CONTRACTOR, *CONTRACTOR's Superintendent, * and major Sub CONTRACTORs. C. Agenda: 1. Use of premises by OWNER and CONTRACTOR. 2. OWNER's requirements *and *partial* occupancy*. 3. Construction facilities and controls provided by OWNER. 4. Temporary utilities provided by OWNER. 5. Survey and *building* * * layout. 6. Security and housekeeping procedures. 7. Schedules. 8. Procedures for testing. 9. Procedures for maintaining record documents. 10. Requirements for start-up of equipment. 11. Inspection and acceptance of equipment put into service during construction period. 1.05 PROGRESS MEETINGS A. OWNER to schedule a progress meeting no later than 60 days after the Preconstruction Conference and a monthly meeting throughout progress of the Work. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. B. Attendance: CONTRACTOR, major Subcontractors, OWNER, and ENGINEER, as appropriate to agenda topics for each meeting. C. Agenda: 1. Review minutes of previous meetings. 2. Unresolved issues. 3. Review Work progress. COORDINATION AND MEETINGS 01039 - 2 4. Observations, problems, and decisions. 5. Identification of problems that impede planned progress. 6. Review of submittals schedule and status of submittals. 7. Review of off-site fabrication and delivery schedules. 8. Maintenance of progress schedule. 9. Corrective measures to regain projected schedules. 10. Planned progress during succeeding Work period. 11. Coordination of projected progress. 12. Maintenance of quality and work standards. 13. . Effect of proposed changes on progress schedule and coordination. 14. Other business relating to Work. 1.06 PREINSTALLATION CONFERENCE A. When required in individual Specification Section, convene a preinstallation conference at work site before commencing Work of the Section. B. Require attendance of parties directly affecting, or affected by, work of the specific Section. Notify ENGINEER 5 days in advance of meeting date. C. Make arrangements for meeting and preside at conference. D. Review conditions of installation, preparation and installation procedures, and coordination with related work. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION 3.01 FIELD ENGINEERING A. Surveying: All surveying shall be performed by a Land Surveyor registered in the State of Texas. 1. Existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other utilities and construction. Use "One-Call," l-800-DIG-TESS or (800) 344-8377. 2. Furnish all surveys necessary to perform the Work. Maintain surveyor's log of control and other survey work. Keep log available for reference. 3. Verify layout information shown on the Drawings in relation to existing benchmarks before laying out of the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 4. Promptly report lost or destroyed reference points, benchmarks, or control points. Promptly report requirements relocate reference and control points due to changes in grades. Promptly replace lost or destroyed control points based on the original survey control points. END OF SECTION COORDINATION AND MEETINGS 01039 - 3 THIS PAGE INTENTIONALLY LEFT BLANK COORDINATION AND MEETINGS 01039 - 4 SECTION 01046 TEMPORARY BYPASS PUMPING SYSTEM PART 1 - GENERAL 1.01 SUMMARY A. Provide temporary pumping to bypass flow around construction location. B. Furnish all materials, labor, equipment, power, maintenance, etc. to implement a temporary pumping system for the purpose of diverting the existing flow around the specified area for the specified duration. 1.02 RELATED REQUIREMENTS A. Related work as called for on PLANS or specified in this or other TECHNICAL SPECIFICATION Sections. 1.03 SUBMITTALS A. The Contractor shall submit detailed plans and descriptions outlining all provisions and precautions to be taken by the Contractor regarding the handling of existing waste water flows. This plan must be specific and complete, including such items as schedules, locations, elevations, capacities of equipment, materials and all other incidental items necessary and/or required to insure proper protection of the facilities, including protection of the access and bypass pumping locations from damage due to the discharge flows, and compliance with the requirements and permit conditions specified in these Contract Documents. No construction shall begin until all provisions and requirements have been reviewed by the Engineer. B. The plan shall include but not be limited to details of the following: 1. Staging areas for pumps; 2. Number, size, material, location and method of installation of suction piping; 3. Number, size, material, method of installation and location of installation of discharge piping; 4. Bypass pump sizes, capacity, number of each size to be on site and power requirements; 5. Calculations of static lift, friction losses, and flow velocity (pump curves showing pump operating range shall be Submitted); 6. Downstream discharge plan; 7. Method of protecting discharge manholes or structures from erosion and damage; 8. Thrust and restraint block sizes and locations; 9. Method of noise control for each pump and/or generator; 10. Any temporary pipe supports and anchoring required; 11. . Design plans and computation for access to bypass pumping locations indicated on the drawings; 12. Calculations for selection of bypass pumping pipe size; 13. Schedule for installation of and maintenance of bypass pumping lines; 14. Plan indicating selection location of bypass pumping line locations. TEMPORARY BYPASS PUMPING SYSTEM 01046 - 1 1.04 QUALITY ASSURANCE A. The design, installation and operation of the temporary pumping system shall be the Contractor's responsibility. The Contractor shall employ the services of a vendor who can demonstrate that they specialize in the design and operation of temporary bypass pumping systems. The vendor shall provide at least five (5) references of projects of a similar size and complexity as this project performed within the past three years. B. The bypass system shall meet the requirements of all codes and regulatory agencies having jurisdiction. C. Approved Vendor 1. Goodwin Pumps of America 2. Or Approved Equal 1.05 MEASUREMENT AND PAYMENT A. No separate measurement or payment for Work performed under this Section, except as listed below. Include cost of same in Contract bid price for Work of which this is a component part. B. Contract bid price to include cost of all work including system design, set-up, maintenance, de-mobilization, etc. The number of months that temporary pumps must be in-place is determined by the Contractor's construction schedule. PART 2 - PRODUCTS 2.01 EQUIPMENT A. All pumps used shall be fully automatic self-priming units that do not require the use of foot-valves or vacuum pumps in the priming system. The pumps may be diesel powered. All pumps used must be constructed to allow dry running for long periods of time to accommodate the cyclical nature of flows. B. The Contractor shall provide the necessary automatic stop/start controls for each pump. C. The Contractor shall include one stand-by pump of each size to be maintained on site. Back-up pumps shall be on-line, isolated from the primary system by a valve. D. Discharge Piping - In order to prevent the accidental spillage of flows, all discharge systems shall be temporarily constructed of pressure pipe with positive, restrained joints. Under no circumstances will aluminum "irrigation" type piping or glued PVC pipe be allowed. Discharge hose will only be allowed in short sections and by specific permission from the Engineer. 2.02 SYSTEM DESCRIPTION A. Design Requirements: 1. Bypass pumping systems to have the specified capacity. The Contractor shall provide all pipeline plugs, pumps of adequate size, and temporary discharge piping. Bypass pumping system will be required to be operated 24 hours per day. 2. The Contractor shall have adequate standby equipment available and ready for immediate operation and use in the event of an emergency or breakdown. One standby pump for each size pump utilized shall be installed, ready for use in the event of TEMPORARY BYPASS PUMPING SYSTEM 01046 - 2 primary pump failure. B. Performance Requirements: 1. Contractor to provide, maintain and operate all necessary temporary facilities such as dams, plugs, pumping equipment (both primary and back-up units as required), conduits, all necessary power, and all other labor and equipment. 2. The design, installation and operation of the temporary pumping system shall be the Contractor's responsibility. 3. The bypass system shall meet the requirements of all codes and regulatory agencies having jurisdiction. 4. The Contractor shall provide all necessary means to safely convey the flows around the work area. The Contractor will not be permitted to stop or impede the flows under any circumstances. 5. The Contractor shall maintain the work area in a manner that will not cause surcharging of sewers, damage to sewers and that will protect public and private property from damage and flooding. 6. The Contractor shall protect water resources, wetlands, and other natural resources. PART 3 - EXECUTION 3.01 FIELD QUALITY CONTROL AND MAINTENANCE A. Test: 1. The Contractor shall perform leakage and pressure tests of the bypass pumping discharge piping prior to actual operation. Provide 24 hours notice prior to testing. B. B. Inspection: 1. While system is operating, Contractor shall inspect bypass pumping system every two hours to ensure that the system is working correctly. C. C. Maintenance Service: 1. The Contractor shall insure that the temporary pumping system is properly maintained and a responsible operator shall be on hand at all times when pumps are operating. 2. Provide routine maintenance of pumping units during periods when they are not required to be in-service. This includes exercising them on a weekly basis, keeping batteries at an adequate charge level, and any item required to ensure system reliability when they are required to be in service. D. D. Extra Materials: 1. Spare parts for pumps and piping shall be kept on site as required. 2. Adequate hoisting equipment for each pump and accessories shall be maintained on the site. 3.02 PREPARATIONS A. Precautions 1. Contractor is responsible for locating any existing utilities in the area the Contractor selects to locate the bypass pipelines. The Contractor shall locate bypass pipelines to minimize any disturbance to existing utilities and shall obtain approval of the pipeline locations from the Owner and the Engineer. All costs associated with relocating utilities shall be paid by the Contractor. TEMPORARY BYPASS PUMPING SYSTEM 01046 - 3 2. During all bypass pumping operation, the Contractor shall protect the Lift Station, force main, gravity pipelines and all existing utilities from damage inflicted by any equipment. The Contractor shall be responsible for all physical damage to the Lift Station, force main, gravity pipelines and all local sewer lines caused by human or mechanical failure. 3.03 INSTALLATION AND REMOVAL A. The Contractor shall make connections upstream of the existing lift station, force main, or gravity sewer, wet well and may be required to provide adequate suction conduit. B. When working inside manhole or force main, the Contractor shall exercise caution and comply with OSHA requirements when working in the presence of sewer gases, combustible gases, oxygen-deficient atmospheres, and confined spaces. END OF SECTION TEMPORARY BYPASS PUMPING SYSTEM 01046 - 4 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Submittal procedures for: 1. Schedule of Values. 2. Construction Schedules. 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data. 5. Manufacturer's Certificates. 6. Construction Photographs. 7. Project Record Documents. 8. Video Tapes. 9. Design Mixes. 1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling: 1. Schedule submittals well in advance of the need for the material or equipment for construction. Allow time to make delivery of material or equipment after submittal has been approved. 2. Develop a submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a submittal schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. Recognizing that time is of the essence, the Contractor is to stamp the top of each submittal with the words ROUTINE or CRITICAL. Routine submittals shall be processed in accordance with the timeframe set forth previously. Critical submittals are those that: were overlooked by the Contractor, involve complex coordination, or are crucial to the successful completion of a specific portion of the project. For critical submittals: a. Contractor shall indicate on the submittal his realistically estimated date of when a review must be returned; b. Upon return of critical submittals, Contractor shall date-stamp the transmittal page with date and time received; c. Contractor is cautioned that the use of critical submittals is not a substitute for proper due diligence on his part. Review of critical submittals found to be routine shall be accompanied by an invoice for excess time and material expenditures that were required in order to complete the critical review as compared to a routine review. The Resident Project Representative shall make the determination as to whether a critical submittal was in fact routine. SUBMITTALS 01300 - 1 3. The Engineer's review of submittals covers only general conformity to the Drawings, Specifications and dimensions which affect the layout. The Contractor is responsible for quantity determination. Quantities may be verified by the Engineer. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals in no way relieves the Contractor from his obligation to furnish required items according to the Drawings and Specifications. 4. Submit sufficient copies of documents. Unless otherwise specified in the following paragraphs or in the Specifications, provide 3 copies in addition to the number the Contractor requires returned. For portions of the project involving electrical or signal components, provide one additional copy (4 copies in addition to the number the Contractor requires returned). 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. A maximum of three (3) reviews will be conducted on any one submittal. Submittals requiring more than three (3) reviews will be considered inadequate and result in a recovery of review expenses from the Contractor. 7. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in periodic progress payments until approval has been obtained in the specified manner. B. Transmittal Form and Numbering: 1. Transmit each submittal to the Engineer with a Transmittal Cover. 2. Sequentially number each transmittal including the Specification Section number followed by a area designation number and the sequential number beginning with the number 1. Re-submittals shall use the original number with an alphabetic suffix (i.e., 2A for first re-submittal of Submittal 2 or 15C for third re-submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify time nature of submittal, either ROUTINE or CRITICAL. 4. Identify variations from requirements of Contract Documents and identify product or system limitations. 5. For submittal numbering of video tapes, see paragraph 1.10 Video. C. Transmittal Cover: 1. Transmittal Cover, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. A stamp may be used to print the information on the Transmittal Cover except for the Contractor’s signature. Regardless of whether the transmittal cover is typed or stamped, the transmittal cover text shall be a minimum of fourteen (14) point. 2. As a minimum, Transmittal Cover information shall include: a. Contractor's name. b. Job number. c. Submittal number. d. Certification statement that the Contractor has reviewed the submittal and it is in compliance with the Contract Documents. e. Signature line for Contractor. f. Submittal type – routine or critical SUBMITTALS 01300 - 2 3. The bottom half of the Transmittal Cover shall be kept blank. D. Electronic copy submittals: 1. Electronic copies of the approved paper copy Operation and Maintenance Manuals are to be produced in Adobe Acrobat's Portable Document Format (PDF) Version 9.0 or higher. 2. Do not password protect and/or lock the PDF document. 3. Create one (1) PDF document (PDF file) for each equipment O&M Manual. 4. Drawings or other graphics must be converted to PDF format and made part of the one (1) PDF document. a. Scanning to be used only where actual file conversion is not possible. 5. Rotate pages that must be viewed in landscape to the appropriate position for easy reading. 6. Images only shall be scanned at a resolution of 300 dpi or greater. a. Perform Optical Character Recognition (OCR) capture on all images. b. Achieve OCR with the "original image with hidden text" option. c. Word searches of the PDF document must operate successfully to demonstrate OCR compliance. 7. Create bookmarks in the navigation frame, for each entry in the Table of Contents/Index. a. Normally three (3) levels deep (i.e., "Chapter," "Section," "Sub-section"). 8. Thumbnails must be generated for each PDF file. 9. Set the opening view for PDF files as follows: a. Initial view: Bookmarks and Page. b. Magnification: Fit in Window. c. Page layout: Single page. d. Set the file to open to the cover page of the manual with bookmarks to the left, and the first bookmark linked to the cover page. e. All PDF documents shall be set with the option "Fast Web View" 1 to open the first 2 pages of the document for the viewer while the rest of the document continues to load. f. File naming conventions: 1) File names shall use a "ten dot three" convention (XXXXX-YYYY-Z.PDF) where XXXXX is the Specification Section number, YYYY is the area designation number and Z is the sequential submittal number. 10. Labeling: a. As a minimum, include the following labeling on all CD-ROM discs and jewel 19 cases: 1) Project Name. 2) Equipment Name and Project Tag Number. 3) Project Specification Section. 4) Manufacturer Name. 5) Vendor Name. 11. Binding: a. Include labeled CD(s) in labeled jewel case(s). Bind jewel cases in standard threering binder Jewel Case Page(s), inserted at the front of the Final paper copy submittal. SUBMITTALS 01300 - 3 b. Jewel Case Page(s) to have means for securing Jewel Case(s) to prevent loss (e.g., flap and strap). 1.03 CONSTRUCTION SCHEDULE A. Submit Construction Schedules in accordance with Section 01325 – Construction Schedule. 1.04 OPERATIONS AND MAINTENANCE DATA A. Submit Operations and Maintenance data in accordance with Section 01782 - Operations and Maintenance Data. 1.05 MANUFACTURER'S CERTIFICATES A. When required in Specification sections, submit manufacturers' certificate of compliance for review by Engineer. B. Transmittal Cover, as described in paragraph 1.02C, shall be placed on front page of the certification. C. Submit supporting reference data, affidavits, and certifications as appropriate. D. Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.06 CONSTRUCTION PHOTOGRAPHS A. Submit Construction Photographs in accordance with Section 01321 – Construction Photographs. 1.07 PROJECT RECORD DOCUMENTS A. Submit Project Record Documents in accordance with Section 01785 - Project Record Documents. 1.08 VIDEO A. Submit television video tapes as required for Acceptance Testing for Sanitary Sewers. B. Transmittal forms for video tapes shall be numbered sequentially beginning with TV01, TV02, etc. 1.09 DESIGN MIXES A. When specified in Specifications, submit design mixes for review. B. Transmittal Cover, as described in paragraph 1.02C, shall be placed on front page of each design mix. C. Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D. Maintain a copy of approved design mixes at mixing plant. SUBMITTALS 01300 - 4 PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION 3.01 GENERAL A. Submittals made as part of this project will become a vital portion of the project record and will be referenced by the Owner for the useful life of the project. All submittals shall be of high quality. To this end, the following requirements are made: 1. As much as possible, all catalog cuts and manufacturer’s information shall be original. 2. Copies, when required, shall be clean and entirely legible. 3. Neither facsimiles nor copies of facsimiles are to be included as part of any submittal. 4. Binders, if used, shall be rugged, lock-ring type. Spine of binders shall be clearly labeled with the information outlined in items 1.02 C.2.a. through c. B. Reviewed submittals shall be returned to Contractor for distribution to subcontractors and other trades as required. As a minimum, submittals returned to the Contractor will be marked with review comments indicating findings of the review and giving instruction as to necessity of a re-submittal. The Engineer may, at his option, use a stamp for this purpose. Detailed correspondence covering the review may also accompany returned submittals. END OF SECTION SUBMITTALS 01300 - 5 THIS PAGE INTENTIONALLY LEFT BLANK SUBMITTALS 01300 - 6 SECTION 01325 CONSTRUCTION SCHEDULE PART 1 - PART 1 GENERAL 1.01 GENERAL A. Provide Construction Schedules for Work included in this Contract in accordance with requirements in this Section. Create a Construction Schedule using Critical Path Method (CPM) computer software capable of mathematical analysis of Precedence Diagramming Method (PDM) schedules. Provide printed activity listings and bar charts in formats described in this Section. B. Combine activity listings and bar charts with a narrative report to form the Contractor's Construction Schedule submittal for the Engineer. 1.02 SCHEDULING STAFF A. Employ or retain services of an individual experienced in critical path scheduling for the duration of the Contract. This person shall cooperate with the Engineer and shall update the Contractor's schedule at least monthly as required to indicate current status of the Work. 1.03 SUBMITTALS A. Make Construction Schedule submittals for review by the Engineer in accordance with requirements of the Conditions of the Contract. B. During the pre-construction meeting provide sample bar charts and activity listings produced from the scheduling software proposed. Scheduling software is subject to approval of the Engineer and must meet requirements provided in this Section. Review of the samples will be provided by the Engineer within 7 days of the submittal. C. Within 21 days of receipt of approval of the Contractor's format, or 30 days of the Notice to Proceed, whichever is later, submit a proposed Construction Schedule for review. The Construction Schedule submittal shall be based on the following: 1. The level of detail and number of activities required in the schedule are dependent on the project type. a. For wastewater projects, the work shall be categorized by Work Type and Area Code in the schedule. 2. For projects with multiple types of tasks within the scope, these types of work shall be indicated separately within the schedule. 3. For projects with work at different physical locations or service areas, or different facilities within a site, each location or facility shall be indicated separately within the schedule. Work on each floor of a multi-story building shall be shown as separate tasks. 4. For projects with multiple crafts or significant subcontractor components, these elements shall be indicated separately within the schedule. Unless permitted by the Engineer, tasks shall consist of work covered by only one division of the Project Manual. CONSTRUCTION SCHEDULE 01325 - 1 5. Unless permitted by the Engineer, each schedule task shall be the same as a schedule of values line item, and vice versa. 6. For projects with significant major equipment items or materials representing over 5 percent of the Total Contract Price, the schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. Activities for testing, adjustment, and delivering O & M manuals shall be included. 7. No task except the acquisition of major equipment items shall represent more than one percent of the Total Contract Price for facility projects and 3 percent of the Total Contract Price for other projects. The duration of tasks may not exceed 40 calendar days. 8. For projects where operating facilities are involved, each period of work which will impact any process or operation shall be identified in the schedule and must be agreed to by the Engineer and the facility operator prior to starting work in the area. 9. Construction Schedule submittals shall include: a. Printed bar charts which meet the criteria outlined in this Section and which are produced by the Contractor's approved scheduling software. b. Activity listings which meet the criteria outlined in this Section and which are produced by the Contractor's approved scheduling software. c. Predecessor/successor listing sorted by Activity ID which meets the criteria outlined in this Section and which is produced by the Contractor's approved scheduling software. d. A logic network diagram shall be required with the first construction schedule submittal for facilities projects. e. A graphic or tabular display of estimated monthly billings for the Work shall be prepared and submitted by the Contractor with the first schedule submittal. This information is not required in monthly updates, unless significant changes in work require re-submittal of the schedule for review. The display shall allocate units indicated in the bid schedule or the schedule of values to Construction Schedule activities. (Weighted allocations are acceptable, where appropriate). The dollar value associated with each allocated unit will be spread across the duration of the activity on a monthly basis. The total for each month and a cumulative total will be indicated. These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with the Conditions of the Contract. f. A narrative report which shall provide the information outlined in this Section. D. No payment will be made until the Construction Schedule and billing forecast are accepted by the Engineer. E. If the Contractor desires to make changes in his method of operating and scheduling, after approval of the original schedule has been given by the Engineer, the Contractor shall notify the Engineer in writing, stating the reasons for the change. If the Engineer considers these changes to be of significant nature, the Contractor may be required to revise and resubmit for approval all or the affected portion of the Contractor's Construction Schedule to show the effect on the Work. CONSTRUCTION SCHEDULE 01325 - 2 F. Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule submittal to reflect changed conditions in the Work or deviations made from the original plan and schedule. G. The Contractor's Construction Schedule shall thereafter be updated with Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The data date to be used in updating the monthly Construction Schedule shall be the same data date as is used in the monthly Application for Payment. This monthly update of the schedule shall be required before the monthly Application for Payment will be processed for payment. 1.04 SCHEDULING COMPUTER SOFTWARE REQUIREMENTS A. The Contractor's Construction Schedule shall be created using CPM computer software which provides mathematical analysis of PDM schedules. The software shall be capable of creating bar charts and activity listings which can be sorted by various fields, i.e., Sort by Activity ID; Sort by Early Start; Sort by Total Float; Sort by Area Code; sort by specification section number; and sort by Subcontractor. The software shall be capable of producing a logic network diagram. B. The PDM scheduling software shall be capable of producing activity listings and bar charts with the following information for each activity in the schedule: 1. Activity ID 2. Activity Description 3. Estimated (Original) Duration 4. Remaining Duration 5. Actual Duration 6. Early Start Date 7. Late Start Date 8. Early Finish Date 9. Late Finish Date 10. Free Float 11. Total Float 12. Activity Codes (such as Area Code, Work Type, Specification Section, Subcontractor) C. The PDM scheduling software shall be capable of printing calendars using the mathematical analysis of the schedule, indicating the Contractor's standard work days of the week and scheduled holidays. D. Scheduling software shall be capable of printing an activity listing which indicates the Predecessors and Successors, Lag Factors and Lag Relationships used in creating the logic of the schedule. E. Scheduling software shall be capable of printing a bar chart of the entire schedule for the Work included in this Contract. The bar chart format shall provide a monthly time scale and shall be such that a 12-month time scale shall not exceed one page width. Bar charts may be printed or plotted on 8.5" x 11", 8.5" x 14" or 11" x 17" sheet sizes. Over-size plots are not acceptable. CONSTRUCTION SCHEDULE 01325 - 3 1.05 NARRATIVE SCHEDULE REPORT A. The Narrative Report shall include a listing of the Activities Started This Month; Activities Completed This Month; Activities Continued This Month; Activities Scheduled to Start or Complete Next Month; Problems Encountered This Month; Actions Taken to Solve These Problems. B. The narrative Schedule Report shall include a description of changes made to the Construction Schedule Logic (i.e., changes in Predecessors and Lags); Activities Added to the Schedule; Activities Deleted from the Schedule; any other changes made to the Schedule other than the addition of Actual Start Dates and Actual Finish Dates and changes of Data Date and Remaining Durations for re-calculation of mathematical analysis. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION CONSTRUCTION SCHEDULE 01325 - 4 SECTION 01380 CONSTRUCTION PHOTOGRAPHS AND VIDEO PART 1 - GENERAL 1.01 PHOTOGRAPHY A. CONTRACTOR shall be responsible for the production of pre-construction, during construction (construction progress) and post-construction photographs as provided herein. OWNER's Representative may also designate additional subjects for photographs in addition to the general guidelines identified below. B. All photographs must be produced by a competent photographer and shall be digital color photography of commercial quality. All CONTRACTOR-generated photographs must be stored in a .jpeg file format. Each photograph shall be submitted in duplicate as two 3inch by 5-inch prints of professional quality enclosed in clear plastic binders. The prints shall be accompanied by digital photographs in CD disc format. Each print shall be marked with the name and number of Contract, name of CONTRACTOR, description and location of view and identity of photographer. C. Each photograph submittal must include a Photo Log that includes the name and number of Contract, name of CONTRACTOR, the name of the photographer, and company of the photographer, photograph number, the date of the photograph and the filename that the camera assigns to the photo (e.g. MVC-001.jpg). In addition, appropriate descriptive information to properly identify the location of view must be entered into the Photo Log to assist in maintaining a concise project record (e.g. location of MH 5 - Line A or Sta. 2+00 - Line A or location of Sedimentation Basin5, sludge pump A). D. All pre-construction photographs must be submitted prior to the CONTRACTOR beginning any Work that may cause site disturbance. All construction progress photographs shall be submitted with the monthly progress payment. All post construction photographs shall be submitted prior to release of final payment to the CONTRACTOR. 1. Pre-construction photographs must be taken at sufficient intervals to be able to fully document the pre-construction conditions of the Work, but in no case less than 100 feet along the street, right-of-way or water/wastewater line route before commencement of Work. Each photograph location shall be taken from a minimum of two (2) views (one forward station view and one backward station view along the street or pipeline route) within the limits of construction. Particular attention must be devoted to pre-existing damage to streets, curbs, sidewalks, driveways, signs, mailboxes, etc. for which the CONTRACTOR could be blamed following construction. An identification marker such as houses, businesses, signs, property numbers, mail boxes, landscaping, etc. must be included in each view to properly confirm its location for ease of later identification. At a minimum, photographs must be taken of the following views: a. the entire street (full width and length) b. all curbs (both sides of street) - all pre-existing curb damage not called for replacement within the Work must be documented, including major cracks c. all driveways, steps, and curbs (both sides of street) CONSTRUCTION PHOTOGRAPHS AND VIDEO 01380 - 1 d. fence and gate conditions e. trees, ornamental shrubs, plantings/planter boxes and evidence of irrigation features f. other privately owned features that might be disturbed by the construction g. prominent utility features, such as: guy wires, poles, signs, valves, meters, pull boxes, etc. h. streams and stream banks within the limits of construction i. other significant or prominent features in order to protect the OWNER and CONTRACTOR following construction (e.g. close up photographs of preexisting broken curbs, cracked/failed pavement, damaged adjacent retaining walls, etc.) j. views of structures in areas where CONTRACTOR will be working within five (5) feet of said structure k. other views as requested by the OWNER 2. For street, right-of-way and/or pipeline alignment documentation, construction progress photographs shall be taken from a minimum of two (2) views (one forward station view and one backward station view along the street and/or pipeline route, and one front view and one side view for fittings and appurtenances of pipeline projects) within the limits of construction. Additional photographs shall be taken at stations of significant features and, for pipeline projects at dead ends, tees, bends, valves, manholes, connections, at locations of concrete placement, at stations which will potentially affect adjacent property owners, and at other such times and locations as requested by the OWNER. E. Construction progress photographs of the same views taken during preconstruction photography must be taken during the progress of the Work and shall be submitted monthly with the CONTRACTOR's monthly progress payments. Post-construction photographs must be taken of the same views taken during preconstruction photography to fully document the completed project. Post construction photographs must be taken after cleanup and site restoration, and must be submitted prior to release of final payment. 1.02 PRE-CONSTRUCTION VIDEO A. For all horizontal projects (streets and water & wastewater lines) the CONTRACTOR shall also document by video, within the limits of construction, all pre-existing site conditions / elements as documented in above. B. The video documentation shall provide a clear and continuous view of the project alignment and everything within the limits of construction. C. The video shall not be taken from inside a vehicle that is moving. The video shall be taken standing within the limits of construction, as applicable. D. The pre-construction video shall be digital and submitted to the OWNER in CD disc format prior to the occurrence of any site disturbance. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION CONSTRUCTION PHOTOGRAPHS AND VIDEO 01380 - 2 SECTION 01460 LABORATORY AND INSPECTION SERVICES PART 1 - GENERAL 1.01 GENERAL DESCRIPTION OF WORK: A. This item shall consist of all required testing and inspection services required to provide certification that the completed construction is in substantial compliance with the contract, plans and specifications. B. Testing and inspections shall include: all underground utilities (water, sewer & drainage), roadway embankment, subgrade, base & asphalt, curbs of all types, concrete pavements, concrete structures, signage, striping, and all other facilities as may be included in the overall scope of construction. C. Inspections may include observations to determine compliance with the prescribed stormwater pollution prevention plan (SW3P), trench safety, personal protection equipment and traffic control plans. D. The ENGINEER has the authority to observe, test, inspect, approve, and accept the work. The ENGINEER decides all questions about the quality and acceptability of materials, work performed, work progress, Contract interpretations, and acceptable Contract fulfillment. The ENGINEER has the authority to enforce and make effective these decisions. E. The ENGINEER acts as a referee in all questions arising under the terms of the Contract. The ENGINEER’s decisions will be final and binding. 1.02 MEASUREMENT AND PAYMENT A. Measurement: 1. This work shall be considered incidental to the completion of the project and no additional compensation shall be paid for this work. B. Payment 1. No separate payment shall be made for this item. 1.03 LABORATORY REPORTS A. The testing laboratory shall provide and distribute copies of laboratory reports to the distribution list provided by the Engineer. B. One copy of each laboratory report distributed or faxed to the Contractor shall be kept at the site field office for the duration of the project. C. Before close of business on the working day following test completion and review, reports which indicate failing test results shall be transmitted immediately via fax from the testing laboratory to the material supplier, Contractor, Engineer and Resident Project Representative. LABORATORY AND INSPECTION SERVICES 01460 - 1 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of the Contractor. D. Laboratory has no authority to stop the Work 1.05 CONTRACTOR RESPONSIBILITIES A. Provide safe access to the Work and to manufacturer's facilities for the Engineer, Resident Project Representative and for testing laboratory personnel. B. Provide to the testing laboratory a copy of the construction schedule and a copy of each update to the construction schedule. C. Notify the Engineer and the testing laboratory during normal working hours of the day previous to the expected time for operations requiring inspection and testing services. If the Contractor fails to make timely prior notification, then the Contractor shall not proceed with the operations requiring inspection and testing services. D. Request and monitor testing as required to provide timely results and to avoid delay to the Work. Provide samples to the laboratory in sufficient time to allow the required test to be performed in accordance with specified test methods before the intended use of the material. E. Cooperate with laboratory personnel in collecting samples on site. Provide incidental labor and facilities for safe access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 LABORATORY TESTING A. All required laboratory testing shall be completed by an independent, qualified testing laboratory approved by the OWNER. All initial testing shall be paid for by the OWNER. Any retesting required shall be paid for by the CONTRACTOR. B. Laboratory sampling and testing specified in individual Specification sections shall conform to the latest issues of ASTM standards, TxDOT methods, or other recognized test standards as approved by the Engineer. C. The requirements of this section shall also apply to those tests for approval of materials, for mix designs, and for quality control of materials as performed by the testing laboratories employed by the Owner. LABORATORY AND INSPECTION SERVICES 01460 - 2 D. Cost for additional review time will be billed to the CONTRACTOR by the OWNER for the actual hours required for the re-testing in accordance with the current rates as established by the contract between the OWNER and the Testing Lab. Cost for the additional review shall be paid to the OWNER by the CONTRACTOR on a monthly basis. 3.02 INSPECTIONS A. PROVIDERS: All required inspections shall be provided by either the independent testing laboratory or by the Engineer. All initial inspections conducted during normal business hours (8:00 am to 5:00 pm, Monday – Friday, excluding Holidays) shall be provided by the OWNER at no charge. Any inspections or testing requested by the CONTRACTOR to be provided at any other time will be paid for by the CONTRACTOR. Any re-inspections or re-testing required shall be paid for by the CONTRACTOR. B. COSTS: Cost for additional review time will be billed to the CONTRACTOR by the OWNER for the actual hours required for the retesting in accordance with the current rates as established by the contract between the OWNER and the Testing Lab. Cost for the additional review shall be paid to the OWNER by the CONTRACTOR on a monthly basis. C. INSPECTORS: Inspectors are authorized representatives of the ENGINEER. Inspectors are authorized to examine all work performed and materials furnished, including preparation, fabrication, and material manufacture. Inspectors inform the CONTRACTOR of failures to meet Contract requirements. Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the ENGINEER. Inspectors cannot alter, add, or waive Contract provisions, issue instructions contrary to the Contract, act as foremen for the CONTRACTOR, or interfere with the management of the work. Inspection or lack of inspection will not relieve the CONTRACTOR from obligation to provide materials or perform the work in accordance with the Contract. CONTRACTOR shall provide safe access to all parts of the work and provide information and assistance to the ENGINEER to allow a complete and detailed inspection and give the ENGINEER sufficient notice to inspect the work. Work performed without suitable inspection, as determined by the ENGINEER, may be ordered removed and replaced at CONTRACTOR’s expense. CONTRACTOR shall remove or uncover portions of finished work as directed. Once inspected, restore work to Contract requirements. If the uncovered work is acceptable, the costs to uncover, remove, and replace or make good the parts removed will be paid for in accordance “Changes in the Work.” If the work is unacceptable, CONTRACTOR shall assume all costs associated with repair or replacement, including the costs to uncover, remove, and replace or make good the parts removed. When a government entity, utility, Railroad Company, or other entity accepts or pays a portion of the Contract, that organization’s representatives may inspect the work but cannot direct the CONTRACTOR. The right of inspection does not make that entity a party to the Contract and does not interfere with the rights of the parties to the Contract. LABORATORY AND INSPECTION SERVICES 01460 - 3 D. FINAL INSPECTION: After all work is complete, the CONTRACTOR will request a final inspection by the ENGINEER authorized to accept the work. The final inspection will be made as soon as possible, and not later than 5 calendar days after the request. No working day charges will be made between the date of request and final inspection. After the final inspection, if the work is satisfactory, the ENGINEER will notify the CONTRACTOR in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory, the ENGINEER will identify in writing all deficiencies in the work requiring correction. Correct the deficiencies identified. Working day charges will resume if these deficiencies are not corrected within 7 calendar days, unless otherwise authorized by the ENGINEER. Upon correction, the ENGINEER will make an inspection to verify that all deficiencies were corrected satisfactorily. The ENGINEER will provide written notice of the final acceptance. 3.03 SCHEDULING A. It shall be the CONTRACTOR’S responsibility to contact the Brownsville Public Utilities Engineering staff at least 48 hours before the required testing or inspection is to occur. B. It shall be the CONTRACTOR’S responsibility to plan the construction in such a manner to allow the appropriate tests and inspections to be conducted without disruption to the construction process. 3.04 PREPARATION A. CONTRACTOR shall be responsible for preparing the project site as necessary to conduct all required testing. This shall include, but may not be limited to: proper grading of construction site, completion of required compaction activities, complete installation of all forms, installation of all required reference points (grade stakes), provision of adequate traffic control, additional personnel and/or supplies and all necessary safety measures (i.e. OSHA compliant Trench Safety) as needed. END OF SECTION LABORATORY AND INSPECTION SERVICES 01460 - 4 SECTION 01500 TEMPORARY FACILITIES PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and General provisions of Contract, including General Conditions and Supplementary General Conditions, and Division 1 requirements. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 OFFICE AT THE WORK SITE A. During the performance of this Contract, CONTRACTOR shall maintain a suitable office at or near the site of the Work which shall be the headquarters of his superintendent. Any communication given to the superintendent or delivered to CONTRACTOR's office at the site of the Work in his absence shall be deemed to have been delivered to CONTRACTOR. B. In addition, CONTRACTOR shall provide a suitable field office with at least 200 square feet of floor space, either adjacent to, or partitioned off from, his office at the site for use by OWNER's Representative. The office shall be provided with outside entrance door with a substantial lock, glazed windows suitable for light and ventilation, and adequate heating, air conditioning, and lighting facilities. CONTRACTOR shall pay all electricity and heating bills and shall provide telephone services with a telephone as specified hereinafter. The office shall be furnished with a desk, two four-drawer filing cabinets, a table, two chairs, a plan rack, and a locker for storage of surveying instruments. The doors on the locker shall be equipped for padlocking. The general arrangement of the office and facilities provided shall be acceptable to OWNER's Representative. 3.02 WATER FOR CONSTRUCTION A. All water required for and in connection with the Work to be performed shall be furnished by and at the expense of the CONTRACTOR through meters installed on hydrants. CONTRACTOR shall supply all necessary tools, hose and pipe, and shall make necessary arrangements for securing and transporting such water and shall take water in such a manner, and at such times, that will not produce a harmful drain or decrease of pressure in the OWNER's water system. It shall be the CONTRACTOR's responsibility to make arrangements with the BPUB for the metering and reporting of the amount of water used. Water shall not be used in a wasteful manner. Standard hydrant wrenches shall be used for opening and closing of fire hydrants. In no case shall pipe wrenches be used for this purpose. Temporary lines shall be removed when no longer required. 3.03 TELEPHONE SERVICE A. CONTRACTOR shall make all necessary arrangements and pay all installation charges for telephone lines in his offices at the site and shall provide all telephone instruments. TEMPORARY FACILITIES 01500 - 1 3.04 SANITARY FACILITIES A. CONTRACTOR shall furnish temporary sanitary facilities at the site, as provided herein, for the needs of all construction workers and others performing Work or furnishing services on the Project. B. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least one toilet shall be furnished for each 20 employees. CONTRACTOR shall enforce the use of such sanitary facilities by all personnel at the site. 3.05 PROTECTION OF PUBLIC AND PRIVATE PROPERTY A. CONTRACTOR shall protect, shore, brace, support and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by the CONTRACTOR's operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement/right-of way. All replacements shall be made with new materials. B. CONTRACTOR shall be responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equipment, materials, or men to or from the Work, whether by him or his Subcontractors. CONTRACTOR shall make satisfactory and acceptable arrangements with the OWNER of, or the agency having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. C. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. 3.06 TREE AND PLANT PROTECTION A. All trees and other vegetation which must be removed to perform the Work shall be removed and disposed of by the CONTRACTOR; however, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. B. No tree shall be removed outside of permanent easement(s), except where authorized by the ENGINEER. Whenever practicable, CONTRACTOR shall tunnel beneath trees in yards and parking lots when on or near the line of trenching operations. Hand excavations shall be employed as necessary to prevent injury to trees. Care shall be taken with exposed roots, unearthed during construction, so that roots do not dehydrate causing tree damage. C. Trees considered by the ENGINEER to have any significant effect on construction operations are indicated on the Drawings and those which are to be preserved are so indicated. D. CONTRACTOR shall take extra measures to protect trees designated to be preserved, using methods shown on the Drawings. TEMPORARY FACILITIES 01500 - 2 3.07 SECURITY A. Security shall be in accordance with Section 01540 - Security. B. CONTRACTOR shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities hereon, against vandals and other unauthorized persons. C. No claim shall be made against OWNER by reason of any act of an employee or trespasser, and CONTRACTOR shall make good all damage to the OWNER's property resulting from CONTRACTOR's failure to provide security measures as specified. D. Security measures shall be at least equal to those usually provided by OWNER to protect existing facilities during normal operations, and shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. When required, the CONTRACTOR shall provide a security plan to the OWNER for review as to appropriateness of the security measures proposed. 3.08 ACCESS ROADS A. CONTRACTOR shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing Work or furnishing services in connection with the Project. 3.09 PARKING A. CONTRACTOR shall provide and maintain suitable parking areas for the use of all construction workers and others performing Work or furnishing services in connection with the Project, as required, to avoid any need for parking personal vehicles where they may interfere with public traffic, the OWNER's operations, or construction activities. 3.10 DUST CONTROL A. Dust Control during construction of this Project shall be performed daily, as directed by the OWNER's representative. No direct payment will be made for dust control. Dust Control shall be considered subsidiary work relating to various Bid items of the Contract. 3.11 TEMPORARY DRAINAGE PROVISIONS A. CONTRACTOR shall be responsible for providing for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. CONTRACTOR shall obtain ENGINEER approval for temporary drainage facilities which will handle, carry through, or divert around his Work all drainage flow, including storm flow and flows created by construction activity, to prevent silting of waterways or flooding damage to the property and adjacent property. 3.12 EROSION CONTROL A. CONTRACTOR shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operations which will disturb the natural protection. B. CONTRACTOR shall use controls developed from successful techniques elsewhere as approved by ENGINEER. Siltation and/or sedimentation controls shall include dams, berms, and dikes. TEMPORARY FACILITIES 01500 - 3 3.13 POLLUTION CONTROL A. CONTRACTOR shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and the substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse. No sediment, debris or other substance will be permitted to enter sanitary sewers and reasonable measures shall be taken by CONTRACTOR to prevent such materials from entering any drain or watercourse. B. CONTRACTOR shall observe the rules and regulations of the State of Texas and agencies of the U.S. Government prohibiting the pollution of any lake, stream, river, or wetland by the dumping of any refuse, rubbish, dredge material, or debris therein. C. CONTRACTOR is specifically cautioned that disposal of materials into any water of the State must conform to the requirements of the Texas Commission on Environmental Quality (TCEQ), and any applicable permit from the U.S. Army Corps of Engineers. 3.14 NOISE CONTROL A. CONTRACTOR shall comply with the applicable Noise Ordinances. CONTRACTOR shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound level in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. 3.15 FENCES A. All existing fences affected by the Work shall be maintained by the CONTRACTOR until completion of the Work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the OWNER of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across any construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. B. Upon completion of the Work across any tract of land, CONTRACTOR shall restore all fences to preconstruction, or to a better, condition and to their preconstruction location. 3.16 MAIL BOXES A. CONTRACTOR shall remove, reset temporarily, and relocate permanently all mail boxes that are within construction site limits conforming to requirements of United States Postal Service. Mailboxes shall not be laid on the ground, but shall be temporarily reset the same day as removed. Payment for removing and resetting of mail boxes will not be paid for directly, but will be considered subsidiary to the various Bid items. Any damage to mail boxes or posts shall be the responsibility of the CONTRACTOR. 3.17 EMERGENCY FACILITIES A. Free access shall be maintained at all times to fire lanes and emergency and utility control facilities such as fire hydrants, fire alarm boxes, police call boxes, and utility valves, manholes, junction boxes, etc. In the event that it is necessary to make one of these facilities temporarily inaccessible, CONTRACTOR shall obtain approval of such action, TEMPORARY FACILITIES 01500 - 4 and schedule, of Work from the OWNER. CONTRACTOR shall also provide at least 24 hours prior notice to the Fire Department, Police Department, and City Department governing the affected utility. The same Department(s) shall be promptly notified by the CONTRACTOR when such facilities are placed back in unobstructed service. END OF SECTION TEMPORARY FACILITIES 01500 - 5 THIS PAGE INTENTIONALLY LEFT BLANK TEMPORARY FACILITIES 01500 - 6 SECTION 01555 TRAFFIC CONTROL AND REGULATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Traffic Control and Regulation 1.02 METHODS OF PAYMENT A. Measurement and payment for Traffic Control and Regulation is on a stipulated price basis. B. Payment: Traffic Control and Regulation will be paid for at the Contract lump sum price. 1.03 REFERENCES A. Texas Manual of Uniform Traffic Control Devices (TMUTCD) B. Texas Department of Transportation (TxDOT) permit (if applicable) C. City of Brownsville D. Cameron County 1.04 PERFORMANCE REQUIREMENTS A. Provide all necessary signs, barricades, marking, lighting, and other equipment and supplies required to comply with the TMUTCD (and TxDOT permit, if applicable) B. Provide all necessary certified flagmen required to comply with the TMUTCD (and TxDOT, City, and/or County permit, if applicable) PART 2 - PRODUCTS A. Equipment and materials must be furnished, installed and operated by an experienced contractor regularly engaged in traffic control system design, installation and operation. B. All equipment must be in good repair and operating order. C. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. PART 3 - EXECUTION A. Provide labor, material, equipment, techniques and methods required to provide safe traffic control and regulation. Monitor effectiveness of the installed system and its effect on adjacent property. B. Notify, TxDOT, City and /or County as required by the permit(s) (if applicable). C. Provide continuous system operation, including nights, weekends and holidays. Arrange for appropriate backup if electrical power is primary energy source for traffic control system. D. Remove system(s) upon completion of construction or when traffic control is no longer required. END OF SECTION TRAFFIC CONTROL AND REGULATION 01555 - 1 THIS PAGE INTENTIONALLY LEFT BLANK TRAFFIC CONTROL AND REGULATION 01555 - 2 SECTION 01561 TRENCH EXCAVATION AND SHORING SAFETY PLAN PART 1 - GENERAL 1.01 SECTION INCLUDES A. This section shall cover CONTRACTOR’S furnishing a Safety System Plan, and all labor and materials for installation and maintenance of the Trench Safety System. B. Trench safety system for structural excavations which fall under provisions of State and Federal trench safety laws. C. For any trench excavation at a depth of five (5) feet or greater, or where shown on plans, provide trench safety system. Trench safety system shall be in accordance with details shown on CONTRACTOR’S Trench Excavation and Shoring Safety Plan. 1.02 MEASUREMENT AND PAYMENT A. Unit Prices: 1. Measurement for “Trench Safety System” by linear foot of trench excavated. Shoring of trench at manholes and other line structures to be included in the lineal foot cost. B. Payment: The Work performed in conformance with this specification shall be paid as follows: 1. Pay for “Trench Safety System” measured as stated above by the linear feet of trench excavated and as shown on PROPOSAL. Payment shall be full compensation for all Work materials and advance wench safety training employed. There shall be no increase in the Contract price because of the incorporation of CONTRACTOR’S Trench Excavation and Shoring Safety Plan or CONTRACTOR’S detailed plans and specifications for the trench safety system into the bid documents and the Construction Contract. There shall be no increase in the Contract price because of modifications to CONTRACTOR’s plans and/or the CONTRACTOR’s detail plans and specifications for the trench safety system, whether or not the result of unforeseen or differing site or soil conditions. 2. Pay for “Design of Trench Safety System Plan” developed by CONTRACTOR’S Registered Professional Engineer by lump sum as shown on Bid Proposal. Payment by OWNER shall be full compensation for all professional services relating to the CONTRACTOR’s submittal to OWNER of the “Trench Safety System Plan”. C. Stipulated Price (Lump Sum). If the Contract is a Stipulated Price Contract, payment for work in this Section is included in the total Stipulated Price. D. When not listed as separate contract pay item, “Trench Safety System” shall be considered as incidental work, and the cost thereof including furnishing all materials, labor equipment, tools and incidentals required for the work, all in accordance with the plans and these specifications, shall be incorporated in such contract pay items as are provided in the proposal contract. TRENCH SAFETY SYSTEM 01561 - 1 1.03 DEFINITIONS A. A trench shall be defined as a narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. B. The trench safety system requirements will apply to larger open excavations if the erection of structures (or other installations) limits the space between the excavation slope and installed structure to dimensions equivalent of a defined trench above. C. Trench Safety Systems include but are not limited to sloping, sheeting, trench boxes or trench shields, sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. 1.04 SUBMITTALS A. Submit a Trench Excavation Protection System and Plan specifically for the construction of trench excavation. Design the trench safety program to be in accordance with OSHA standards governing the presence and activities of individuals working in and around trench excavations. B. Construction and shop drawings containing deviations from OSHA standards or special designs shall be sealed by a State of Texas Registered Professional Engineer retained and paid by Contractor. C. Review of the Contractor’s Trench Excavation Protection System and Plan by the Owner’s Representative will only be in regard to compliance with this specification and will not constitute approval by the Owner nor relieve Contractor of obligations under State and Federal trench safety regulations. 1.05 REGULATORY REQUIREMENTS A. Install and maintain trench safety systems in accordance with the detail specifications set out in the provision of Excavations, Trenching, and Shoring, Federal Occupation Safety and Health Administration (OSHA) Standards. 1.06 INDEMNIFICATION A. Contractor shall indemnify and hold harmless the Owner, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgements or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B. Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections, failures to issue stop work orders, and the hiring of the Contractor. PART 2 - PRODUCTS 2.01 MATERIALS A. The materials used in the Trench Safety System shall be furnished by the CONTRACTOR, as approved by the OWNER, to comply with the requirements of the TRENCH SAFETY SYSTEM 01561 - 2 work of the CONTRACTOR as specified therein. B. Timber. Trench sheeting materials to be full size, a minimum of two inches in thickness, solid and sound, free from weakening defects such as loose knots and splits. C. Steel Sheet Piling. Steel sheet piling shall at a minimum conform to one of the following specifications: 1. ASTM A328. 2. ASTM A572, Grade 50. 3. ASTM A690. D. Steel for stringers (wales) and cross braces shall conform to ASTM A588. E. Steel Trench Boxes. Portable steel trench box shall at a minimum be constructed of steel conforming to ASTM Specification A-36. Connecting bolts used shall conform to Specifications ASTM A-3 07. Welds to conform to requirements of AWS Specification D1.1. PART 3 - EXECUTION 3.01 INSTALLATION A. Install and maintain trench safety systems in accordance with provisions of OSHA. B. Install specially designed trench safety systems plan in accordance with the Contractor's Trench Safety System Plan. C. A competent person, as identified in the Contractor's Trench Safety System Plan, shall verify that trench boxes and other pre-manufactured systems are certified for the actual installation conditions. D. Timber Sheeting. 1. Timber sheeting and size of uprights, stringers (wales), and cross bracing to be installed in accordance with CONTRACTOR’S plan. Place cross braces in true horizontal position, spaced vertically, and secured to prevent sliding, falling, or kick outs. Cross braces to be placed at each end of stringers (wales), in addition to other locations required. Cross braces and stringers (wales) to be placed at splices of uprights, in addition to other locations required. E. Steel Sheet Piling. 1. Steel sheet piling of equal or greater strength may be used in lieu of timber trench shoring shown in the OSHA tables (proposed standards). Drive steel sheet piling to at least minimum depth below trench bottom as recommended by CONTRACTOR’S Registered Professional Engineer providing design. Place cross braces in true horizontal position, spaced vertically and secured to prevent sliding, falling, or kick outs. Cross braces to be placed at each end or stringers (wales), in addition to other locations required. F. Trench Boxes. 1. Portable trench box may be used in lieu of timber trench shoring shown in the OSHA tables (proposed standards) and shall be designed to provide equal or greater protection than timber trench shoring shown in the OSHA tables. In cases where top TRENCH SAFETY SYSTEM 01561 - 3 of portable trench box will be below top of trench, the trench must be sloped to the maximum allowable slope for the soil conditions existing on the Project. In areas where a sloped trench will affect the integrity of existing structures, CONTRACTOR to protect structures prior to sloping trench. G. Trench Jacks. 1. When trench jacks are used for cross bracing and/or stringers (wales), the trench jacks shall provide protection greater than or equal to the timber cross bracing shown in the OSHA tables (proposed standards). Trench jacks to be placed at each end of stringers (wales) in addition to other locations required. 3.02 SUPERVISION. CONTRACTOR A. Supervision Contractor must provide competent supervisory personnel at each trench while Work is in progress to ensure CONTRACTOR’s methods, procedures, equipment, and materials pertaining to the safety systems in this Item are sufficient to meet requirements of current Texas Law and OSHA Standards. 3.03 MAINTENANCE OF SAFETY SYSTEM A. The safety system shall be maintained in the condition as shown on the Trench Excavation and Shoring Safety Plan as designed by the CONTRACTOR’s Registered Professional Engineer. The CONTRACTOR shall take all necessary precaution to ensure the safety systems are not damaged during their use. If at any time during its use a safety system is damaged, personnel shall be immediately removed from the trench excavation area and the safety system repaired. The CONTRACTOR shall take all necessary precautions to ensure no loads, except those provided for in the plan, are imposed upon the trench safety system. 3.04 INSPECTION A. Contractor, or Contractor's independently retained consultant, shall make daily inspections of the trench Excavation Protection System to ensure that the installed systems and operations meet OSHA and other personnel protection regulations requirements. B. If evidence of possible cave-ins or slides is apparent, Contractor shall immediately stop work in the trench and move personnel to safe locations until the necessary precautions have been taken by Contractor to safeguard personnel entering the trench. C. Maintain a permanent record of daily inspections. 3.05 REMOVAL A. Bed and backfill pipe to a point at least one (1) foot above top of pipe or other embedded items prior to removal of any portion of trench safety system. Bedding and backfill to be in accordance to other applicable specification items. Backfilling and removal of trench supports shall be in accordance with CONTRACTOR’s Trench Excavation and Shoring Safety Plan. Removal of trench safety system to be accomplished in such a manner to cause no damage to pipe or other embedded items. Remove no braces or trench supports until all personnel have evacuated the Wench. Backfill trench to within five (5) feet of natural ground prior to removal of entire trench safety system. TRENCH SAFETY SYSTEM 01561 - 4 3.06 FIELD QUALITY CONTROL A. Contractor shall verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the project. END OF SECTION TRENCH SAFETY SYSTEM 01561 - 5 THIS PAGE INTENTIONALLY LEFT BLANK TRENCH SAFETY SYSTEM 01561 - 6 SECTION 01571 STORM WATER POLLUTION PREVENTION PLAN PART 1 - G E N E R A L 1.01 SECTION INCLUDES A. Section describes the requirements for the documents to be prepared by the Contractor for the Storm Water Pollution Prevention Plan (SWPPP). These documents are to be prepared and reviewed prior to commencing construction operations. 1.02 UNIT PRICES A. No separate payment will be made for work performed under this Section. Include the cost of work performed under this Section in pay items of which this work is a component. 1.03 REFERENCES A. Texas Commission on Environmental Quality – TPDES General Permit Number TXR150000 B. Texas Department of Transportation – Storm Water Management Guidelines for Construction Activities PART 2 - P R O D U C T S – NOT USED PART 3 - E X E C U T I O N 3.01 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) A. The Contractor shall prepare the SWPPP in accordance with the TPDES General Permit Number TXR15000 referenced in item 1.03 A of this specification. B. The Contractor shall prepare the SWPPP using structural and nonstructural control measures included in the Plans and Specifications throughout the construction and post construction periods. These control measures shall not be used as a substitute for the permanent pollution control measures unless otherwise directed by the Resident Project Representative in writing. The control measures may include silt fences, straw bales, stabilized construction exits, or other structural or nonstructural storm water pollution controls. Additional information regarding these controls can be found in the Texas Department of Transportation Manual referenced in item 1.3 B of this specification. C. The SWPPP shall include at a minimum: 1. A site map showing the areas of soil disturbance, areas not to be disturbed, drainage patterns, approximate slopes anticipated after major grading activities, locations where storm water discharges to surface waters (including wetlands) and/or leaves the project site, locations of structural and nonstructural controls for regulating the discharge of storm water pollutants, locations of waste, borrow, and equipment storage areas, and location where stabilization practices are expected to occur. STORM WATER POLLUTION PREVENTION PLAN 01571 - 1 2. A description including the nature of the construction activity, a description of the intended sequence of major activities which disturb soils for major portions of the site (grubbing, excavation, grading, utilities and infrastructure installation), estimates of the total area of the site, and the total area of the site that is to be disturbed 3. A description of the control measures that will be implemented as part of the construction activity to control pollutants in storm water discharges, and the general timing during the construction process that these measures will be implemented. 4. A description of construction and waste materials expected to be stored on site with updates as appropriate. The SWPPP shall also include a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to storm water, and spill prevention and response. 5. A description of pollutant sources from areas other than the construction site over which the Contractor has control for the project (including but not limited to dedicated asphalt plants, dedicated concrete plants, haul roads, and field offices), and the control measures implemented to reduce pollutants. 3.02 PRECONSTRUCTION REVIEW AND SUBMITTALS A. The Contractor shall review implementation of the SWPPP in a meeting with the Engineer and the Resident Project Representative prior to the start of construction. B. The Contractor shall submit to the Resident Project Representative for acceptance schedules for accomplishment of the storm water pollution control measures in accordance with the SWPPP. Work on the project shall not begin until the schedules for implementation of the controls and methods of operation have been reviewed and accepted in writing by the Resident Project Representative. 3.03 CONSTRUCTION REQUIREMENTS A. The Contractor shall be responsible for implementation, maintenance, and inspection of storm water pollution prevention control measures and other practices shown on the SWPPP, the Plan Drawings, or specified elsewhere in this or other Specifications. B. The contractor shall effectively prevent and control erosion and sedimentation on the site at the earliest practicable time as outlined in the approved schedule and SWPPP. Control measures, where applicable, will be implemented prior to the commencement of each construction operation or immediately after the area has been disturbed. END OF SECTION STORM WATER POLLUTION PREVENTION PLAN 01571 - 2 SECTION 01576 WASTE MATERIAL DISPOSAL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.02 MEASUREMENT AND PAYMENT A. No separate payment will be made for waste material disposal under this Section. Include payment in unit price for related sections. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 - Submittals. B. Obtain and submit disposal permits for proposed disposal sites if required by federal, state and local ordinances. C. Submit a copy of written permission from property owner, along with description of property, prior to disposal of excess material. PART 2 - PRODUCTS - ( NOT USED) PART 3 - EXECUTION 3.01 SALVAGEABLE MATERIAL A. Excavated Material: When indicated on Drawings, load, haul, and deposit excavated material at a location or locations shown on Drawings outside the limits of Project. B. Other Salvageable Materials: Sections. Conform to requirements of individual Specification 3.02 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the job site and legally disposed of. B. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION WASTE MATERIAL DISPOSAL 01576 - 1 THIS PAGE INTENTIONALLY LEFT BLANK WASTE MATERIAL DISPOSAL 01576 - 2 SECTION 01578 CONTROL OF GROUND WATER AND SURFACE WATER PART 1 - GENERAL 1.01 SECTION INCLUDES A. Dewatering, depressurizing, draining, and maintaining trenches, shaft excavations, structural excavations, and foundation beds in a stable condition, and controlling ground water conditions for tunnel excavations. B. Protecting work against surface runoff and rising flood waters. C. Disposing of removed water. 1.02 METHOD OF PAYMENT A. No separate payment will be made for control of ground water and surface water. Include the cost to control ground water and surface water in unit price for work in related sections. 1.03 REFERENCES A. ASTM D 698 - Test Methods for Moisture-Density Relations of Soils and SoilAggregate Mixtures, Using 5.5-lb (2.49 kg) Rammer and 12-inch (304.8 mm) Drop. B. Federal Regulations, 29 CFR Part 1926, Standards-Excavation, Occupational Safety and Health Administration (OSHA). C. Federal Register 40 CFR (Vol. 55, No. 222) Part 122, EPA Administered Permit Programs (NPDES), Para.122.26(b)(14) Storm Water Discharge. D. Texas Commission of Environmental Quality, TCEQ General Permit Number TX150000 Relating to Discharges from Construction Activities. 1.04 DEFINITIONS A. Ground water control includes both dewatering and depressurization of waterbearing soil layers. 1. Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations, or into tunnels and shafts, and disposing of removed water. The intent of dewatering is to increase stability of tunnel excavations and excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. 2. Depressurization includes reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom or instability of tunnel excavations. CONTROL OF GROUND WATER AND SURFACE WATER 01578 - 1 B. Excavation drainage includes keeping excavations free of surface and seepage water. C. Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water. D. Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. 1.05 PERFORMANCE REQUIREMENTS A. Conduct surface and subsurface investigations to identify ground water and surface water conditions and to provide parameters for design, installation, and operation of control systems. B. Design a ground water control system, compatible with requirements of Federal Regulations 29 CFR Part 1926 and Section 01561 - Trench Safety Systems, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting: a. Excavations. b. Tunnel excavation, face stability or seepage into tunnels. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. C. Provide ground water control systems that may include single-stage or multiplestage well point systems, eductor and ejector-type systems, deep wells, or combinations of these equipment types. D. Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E. Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F. Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. G. Assume sole responsibility for ground water and surface water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the control operations. Modify control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage CONTROL OF GROUND WATER AND SURFACE WATER 01578 - 2 caused by control systems or resulting from failure of the system to protect property as required. 1.06 SUBMITTALS A. Submittals shall conform to requirements of Section 01330 - Submittals. B. Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any field work. Submit a plan to include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 3. Surface water control and drainage installations. 4. Proposed methods and locations for disposing of removed water. 1.07 ENVIRONMENTAL REQUIREMENTS A. Comply with requirements of agencies having jurisdiction. B. Obtain permit from TCEQ under the Texas Pollutant Discharge Elimination System (TPDES), for storm water discharge from construction sites. C. Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. PART 2 - PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. Equipment and materials are at the option of Contractor as necessary to achieve desired results for control of ground and surface water. B. Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C. All equipment must be in good repair and operating order. D. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. PART 3 - EXECUTION 3.01 GROUND WATER CONTROL A. There is a possibility of encountering septic/leaching fields; Contractor may not discharge into public watercourse or drainage but to haul by tank truck to nearest wastewater treatment facility. B. Provide labor, material, equipment, techniques and methods to lower, control and manage ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. CONTROL OF GROUND WATER AND SURFACE WATER 01578 - 3 C. Install, operate, and maintain ground water control systems in accordance with the Ground Water and Surface Water Control Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D. Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E. Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. F. Compact backfill to not less than 95 percent of the maximum dry density in accordance with ASTM D 698. 3.02 EXCAVATION DRAINAGE A. Contractor may use excavation drainage methods if necessary to achieve well drained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 3.03 SURFACE WATER CONTROL A. Intercept surface water and divert it away from excavations through use of dikes, ditches, curb B. Walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. C. Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. END OF SECTION CONTROL OF GROUND WATER AND SURFACE WATER 01578 - 4 SECTION 01610 BASIC PRODUCT REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for transportation, delivery, handling, and storage of materials and equipment. 1.02 PRODUCTS A. Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B. Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C. Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the project. 1.03 TRANSPORTATION A. Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B. Transport and handle products in accordance with instructions. C. Consign and address shipping documents to the proper party giving name of Project and street address. Shipments shall be delivered to the Contractor. 1.04 DELIVERY A. Arrange deliveries of products to accommodate the short term site completion schedules and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause unnecessarily lengthy use of limited storage space. B. Coordinate deliveries to avoid conflict with Work and conditions at the site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C. Have products delivered to the site in manufacturer's original, unopened, labeled containers. D. Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. BASIC PRODUCT REQUIREMENTS 01610 - 1 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.05 PRODUCT HANDLING A. Coordinate the off-loading of materials and equipment delivered to the job site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B. Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C. Provide additional protection during handling as necessary to prevent breaking, scraping, marring, or otherwise damaging products or surrounding areas. D. Handle products by methods to prevent over bending or overstressing. E. Lift heavy components only at designated lifting points. F. Handle materials and equipment in accordance with Manufacturer's recommendations. G. Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.06 STORAGE OF MATERIAL A. Store and protect materials in accordance with manufacturer's recommendations and requirements of these Specifications. B. Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. C. Restrict storage to areas available on the construction site for storage of material and equipment as shown on Drawings or approved by the Resident Project Representative. D. Provide off-site storage and protection when on-site storage is not adequate. E. Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner and other person in possession or control of such premises. F. Protect stored materials and equipment against loss or damage. G. Store in manufacturers' unopened containers. H. Materials delivered and stored along the line of the Work shall be neatly, safely, and compactly stacked along the work site in such manner as to cause the least inconvenience and damage to property owners and the general public, and shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. BASIC PRODUCT REQUIREMENTS 01610 - 2 I. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Resident Project Representative. The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Resident Project Representative. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION BASIC PRODUCT REQUIREMENTS 01610 - 3 THIS PAGE INTENTIONALLY LEFT BLANK BASIC PRODUCT REQUIREMENTS 01610 - 4 SECTION 01700 PROJECT CLOSEOUT PROCEDURE PART 1 - GENERAL 1.01 DESCRIPTION OF WORK AND RELATED DOCUMENTS A. Furnish all work and materials, appliances, tools, equipment, facilities, transportation and services required and incidental thereto, as shown on drawings and/or specified herein including but not limited to; the submittal of closeout documents, final cleaning of materials and equipment and furnishing permit clearances, guarantees and warranties. B. Related Work Specified Elsewhere: 1. Submittal Requirements: Section 01300 C. The completion of the closeout procedures indicated in these specifications will be a condition for releasing final payment. 1.02 PROJECT CLEAN-UP A. Provide all required personnel, equipment and materials needed to maintain the specified standard of cleanliness. Use only materials and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material, or as approved by the Engineer/Architect. B. Final cleaning shall mean a level of cleanliness generally provided by skilled cleaners using commercial quality, site maintenance equipment and materials. C. The Contractor shall schedule a final cleaning as approved by the Engineer/Architect. D. The contractor shall restore any disturbed areas or structures to pre-construction conditions or improved conditions. 1.03 ONSITE TRAINING A. The Contractor shall provide a demonstration of the operation techniques and methods of the mechanical, electrical and plumbing systems. This demonstration must be coordinated with the Engineer/Architect. The operation and maintenance manuals must be available for use during this training period. Training shall be a minimum of eight (8) hours long. B. The Contractor shall propose a time in writing to the Engineer/Architect allowing at least seventy-two (72) hours notice. 1.04 AS BUILT DRAWINGS A. Final "As-Built" drawings shall be prepared by the Contractor in accordance with Section 01785 Project Record Documents. These drawings shall indicate all changes or deviations from the construction documents. These drawings shall be submitted as a hard copy and electronic PDF format to the Engineer/Architect on a CD. The drawings must clearly state AS BUILT and be neatly organized. B. Copies of “As-Built” wiring diagrams shall be laminated and placed inside each Lift Station’s control panel PROJECT CLOSEOUT PROCEDURE 01700 - 1 1.05 GUARANTEES AND WARRANTIES A. The Contractor shall provide a construction warranty letter. B. The Contractor shall provide final clearances from all permitting agencies. 1.06 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual Specification sections. B. Deliver to location within the Owner’s jurisdiction as directed by the Engineer; obtain receipt prior to final Application for Payment. 1.07 FINAL COMPLETION A. The Contractor shall supply a written request for a Final Completion inspection. This request shall include the following: 1. Certification that the work and actions specified in the Contract Documents has been completed and that the Owner has full use of the site. 2. All equipment has been tested and balanced and is fully functional. 3. The Onsite Training Program has been completed and there are no outstanding issues resulting from said program. 4. A copy of the list of deficiencies generated by the Substantial Completion Inspection, with each item initialed and showing date completed. 5. A list of all Subcontractors and material suppliers with name, address and phone number. Include source for parts replacement and local representative if different. 6. Submit all test/adjust/balance records and start-up performance reports. 7. Submit all tools, keys and any special devices to assure complete operation by the Owner. 8. Final application for payment. 9. Waivers, Sworn Statements and Affidavits of Payments to Subcontractors and Suppliers. END OF SECTION PROJECT CLOSEOUT PROCEDURE 01700 - 2 SECTION 01713 MOBILIZATION PART 1 - G E N E R A L 1.01 SECTION INCLUDES A. Organization and mobilization of the Contractor's forces. B. Transporting construction plant and equipment to the jobsite and setting up of same. C. Transporting various tools, materials, and equipment to the jobsite. D. Erection of temporary buildings and facilities as required for field offices, staging, storage, and 1.02 MEASUREMENT AND PAYMENT A. Measurement and payment for mobilization is on a stipulated price basis. B. Payment: Mobilization will be paid for at the Contract lump sum price, and will include accumulating tools, apparatus, equipment, materials which are not intended to be incorporated in the Work, and personnel, and performing final removal and demobilization. The Contract lump sum price will be paid as follows: 1. 45 percent of the Contract lump sum price will be made upon receipt and approval by the Engineer of the following items (as applicable): a. Schedule of Values b. Trench Protection Plan c. Construction Schedule d. Establishment of Field Office e. Dewatering Plan 2. 45 percent of the Contract lump sum price will be made upon completion of the Work amounting to five percent of Original Contract Price. The amount of Contract Price designated for mobilization may not be applied in the computing of the five percent of the Original Contract Price. 3. 10 percent of the Contract lump sum price after the Engineer has determined that the Contractor has left the work site in a clean condition after the completion of all phases of work. C. Mobilization payments will be subject to retainage amounts stipulated in the General Conditions. D. All cost difference between the stipulated amount and the actual cost of the initial mobilization and the cost of all subsequent mobilization shall be included in the various other prices bid. 1.03 DESCRIPTION A. Mobilization shall include mobilization of all construction equipment, materials, supplies, appurtenances, facilities, and the like which are not intended to be incorporated in the Work, staffed and ready for commencing and prosecuting the Work; and the subsequent demobilization and removal from the jobsite of said equipment, MOBILIZATION 01713 - 1 appurtenances, facilities, and the like upon completion of the Work. B. Mobilization shall also include assembly and delivery to the jobsite of plant, equipment, tools, materials, and supplies necessary for the prosecution of work which are not intended to be incorporated in the Work; the clearing of and preparation of the Contractor's work area; the complete assembly, in working order, of equipment necessary to perform the required work; personnel services preparatory to commencing actual work; and all other preparatory work required to permit commencement of the actual work on construction items for which payment is provided under the Contract. 1.04 SUBMITTALS A. Refer to Section 01300-Submittals, for the submittal requirements and procedures. B. Submit a plan of the proposed layout of the construction site, including fences, roads, parking, buildings, staging, and storage areas, within seven days after the effective date of the Notice to Proceed. 1.05 DELIVERY A. Delivery to the jobsite of construction tools, equipment, plant, temporary buildings, materials, and supplies shall be accomplished in conformance with local governing ordinances and regulations. 1.06 TOOLS AND SUPPLIES A. Provide construction tools, equipment, materials, and supplies of the types and quantities necessary to facilitate the timely execution of the Work. B. Provide personnel, products, construction materials, equipment, tools, and supplies at the jobsite at the time they are scheduled to be installed or utilized. 1.07 DEMOBILIZATION A. Upon completion of the Work, remove construction tools, apparatus, equipment mobile units and buildings, unused materials and supplies, plant, and personnel from the jobsite. B. Restore all areas utilized for mobilization to their original, natural state or, when called for in the Contract Documents, complete such areas indicated. PART 2 - P R O D U C T S – NOT USED PART 3 - E X E C U T I O N – NOT USED END OF SECTION MOBILIZATION 01713 - 2 SECTION 01725 FIELD SURVEYING PART 1 - GENERAL 1.01 QUALITY CONTROL A. Conform to State of Texas laws for surveys requiring licensed surveyors. 1.02 UNIT PRICES A. No separate payment will be made for Field Surveying. Include the cost of Field Surveying in other related bid items. 1.03 SUBMITTALS A. Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. B. Submit documentation verifying accuracy of survey work on request. C. Submit certificate signed by surveyor, that the elevations and locations of the Work are in conformance with Contract Documents. D. Submit information under provisions of Section 01330 - Submittal Procedures. 1.04 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey work as it progresses. B. Prepare a certified survey setting forth dimensions, locations, angles, and elevations of construction and site Work upon completion of foundation walls and major site improvements. C. Submit Record Documents under provisions of Section 01785 - Project Record Documents. 1.05 EXAMINATION A. Verify locations of survey control points prior to starting Work. B. Notify Engineer immediately of any discrepancies discovered. 1.06 SURVEY REFERENCE POINTS A. Control datum for survey is that established by Owner-provided survey as indicated on Drawings. B. Locate and protect survey control points prior to starting site work; preserve permanent reference points during construction. C. Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. D. Report promptly to Engineer the loss or destruction of any reference point. E. Contractor shall reimburse Owner for cost of reestablishment of permanent reference points disturbed by Contractor's operations. FIELD SURVEYING 01725 - 1 1.07 SURVEY REQUIREMENTS A. Utilize recognized engineering survey practices. B. Establish elevations, lines and levels to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Building foundation, column locations, and ground floor elevations. C. Verify periodically layouts by same means. PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION - (NOT USED) END OF SECTION FIELD SURVEYING 01725 - 2 SECTION 01740 WARRANTIES PART 1 GENERAL 1.01 SCOPE OF WORK A. This section specifies general administrative and procedural requirements for warranties required by the Contract Documents, including manufacturer’s standard warranties on products and special warranties. 1.02 SUBMITTAL REQUIREMENTS A. Submit written warranties to the OWNER prior to the date fixed by the Engineer for Substantial Completion. If the Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Owner. B. Assemble warranties, service, and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontractors. C. Number of original signed copies required: Two (2) each. D. Table of Contents: Neatly types, in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Firm, with name of principal, address and telephone number. 3. Scope. 4. Date of beginning of warranty, service, or maintenance contract. 5. Duration of warranty, or service maintenance contract. 6. Provide information for Owner’s personnel: a. Proper procedure in case of failure. b. Instances which might affect the validity of warranty. 7. Contractor, name of responsible principal, address and telephone number. 1.03 FORMS OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size 8-1/2 inches x 11 inches, punch sheets for standard 3-post binder. a. Fold larger sheets to fit into binders. 2. Cover: Identify each packet with typed or printed title ‘WARRANTIES”. List: a. Title of Project. b. Name of Contractor. 3. Binders: Commercial quality, three-post binder, with durable and cleanable plastic covers and maximum post width of 2 inches. WARRANTIES 01740 - 1 1.04 WARRANTY SUBMITTAL REQUIREMENTS A. For all major pieces of equipment, submit a warranty from the equipment manufacturer. The manufacturer’s warranty period shall be concurrent with the Contractor’s for one (1) years, unless otherwise specified, commencing at the time of final acceptance by the Owner. B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all major equipment specified under Divisions 11, 13, 14, 15 and 16 and which has a 1 HP motor or which lists for more than $1,000. The Engineer reserves the right to request warranties for equipment not classified as major. The Contractor shall still warrant equipment not considered to be “major” in the Contractor’s once-year warranty period even though certificates of warranty may not be required. C. For certain pieces of equipment, the OWNER may require a warranty greater than one (1) years. The requirement for extended warranty shall be specified in individual sections of the Specifications. 1.05 WARRANTY REQUIREMENTS A. Related Damages and Losses: When correcting warranted work that has failed, remove and replace other work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted work. B. Reinstatement of Warranty: When work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that work covered by a warranty has failed, replace, or rebuild the work to an acceptable condition complying with requirements of Contract Documents. The Contractor’s is responsible for the cost of replacing or rebuilding defective work regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life. D. Owner’s Recourse: Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the OWNER can enforce such other duties, obligations, rights, or remedies. E. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the Contract Documents. F. The Owner reserves the right to refuse to accept work for the project where a special warranty, certification, or similar commitment is required on such work or part of the work, until evidence is presented that entities required to countersign such commitments are willing to do so. G. Disclaimers and Limitations: Manufacturer’s disclaimers and limitation on product warranties do not relieve the Contractor of the warranty on the work that incorporates the products, nor does it relieve suppliers, manufacturers and subcontractors required to countersign special warranties with the Contractor. WARRANTIES 01740 - 2 PART 2 PRODUCTS – (NOT USED) PART 3 EXECUTION -(NOT USED) END OF SECTION WARRANTIES 01740 - 3 THIS PAGE INTENTIONALLY LEFT BLANK WARRANTIES 01740 - 4 SECTION 01785 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Maintenance and Submittal of Project Record Documents and samples. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Maintain one record copy of documents at the site in accordance with the Contract Documents. B. Store Record Documents and samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and samples. C. Label each document "PROJECT RECORD" in neat, large, printed letters. D. Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E. Keep Record Documents and Samples available for inspection by Resident Project Representative. 1.03 RECORDING A. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B. Contract Drawings and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured depths of elements of foundation in relation to finish first floor datum. 2. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Elevations of underground utilities referenced to bench mark utilized for project. 4. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of construction. 5. Field changes of dimension and detail. 6. Changes made by modifications. 7. Details not on original contract drawings. 8. References to related shop drawings and modifications. C. Record information with a red felt-tip marking pen on a set of blue or black line opaque drawings, provided by Engineer. 1.04 SUBMITTALS A. At contract closeout, deliver Project Record Documents to Engineer and prepare the Final “As-Built” data in accordance with Section 01700 Paragraph 1.04 “AS BUILT DRAWINGS” PROJECT RECORD DOCUMENTS 01785 - 1 PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION PROJECT RECORD DOCUMENTS 01785 - 2 DIVISION 2 – SITE CONSTRUCTION (THIS PAGE INTENTIONALLY LEFT BLANK) SECTION 02083 FIBERGLASS WASTEWATER MANHOLES PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. This section includes requirements for the installation of fiberglass sewer manholes placed on cast-in-place or precast bases. 1.02 REFERENCES A. ANSI B 16.1 - Cast Iron Pipe Flanges and Flanged Fittings. B. ASTM A 307 - Standard Specification for Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength. C. ASTM C 270 - Standard Specification for Mortar for Unit Masonry. D. ASTM C 1107 - Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Non-shrink). E. ASTM D 698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft3 (600kN-m/m3). F. ASTM D 2665 - Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste and Vent Pipe and Fittings. G. ASTM D 2996 - Standard Specification for Filament-Wound AFiberglass@ (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe. H. ASTM D 2997 - Standard Specification for Centrifugally Cast AFiberglass@ (Glass-Fiber-Reinforced Thermosetting Resin) Pipe. I. ASTM D 3753 - Standard Specification for Glass-Fiber-Reinforced Polyester Manholes and Wetwells. J. American Association of State Highway and Transportation Officials (AASHTO). 1.03 SUBMITTALS A. Conform to requirements of Section 01300 - Submittal Procedures. B. Submit manufacturer's data and details of following items for approval: 1. Design and fabrication details of fiberglass manhole components 2. Installation instruction for fiberglass manholes 3. Frames, grates, rings, and covers 4. Materials to be used in fabricating drop connections 5. Materials to be used for pipe connections at manhole walls 6. Materials to be used for stubs and stub plugs, if required 7. Plugs to be used for sanitary sewer hydrostatic testing 8. Manufacturer's data for pre-mix (bag) concrete if used for channel inverts and benches FIBERGLASS WASTEWATER MANHOLES 02083 - 1 1.04 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in Contract price bid for work of which this is a component part. PART 2 - PART 2 - PRODUCTS 2.01 FIBERGLASS MANHOLES AND BASE SECTIONS A. Provide prefabricated fiberglass manholes, which conform in shape, size, dimensions, and details shown on Drawings. Unless modified by Drawings, use manhole sections conforming to ASTM D 3753. B. Acceptable Manufacturer: Provide fiberglass manholes manufactured by Containment Solutions, Inc., or L.F. Manufacturing, Inc., or equal or as approved by City of Brownsville Public Utility Board. C. Mark date of manufacture and name or trademark of manufacturer in 1-inch high stenciled letters on inside of barrel. D. Provide 48-inch, 50-inch or 72-inch diameter barrels for fiberglass manholes as shown on PLANS. Provide wall section thickness for depth of manhole according to ASTM D 3753, but not less than 0.48 inches in thickness. E. Provide fabricated reducer bonded at factory to form one continuous unit at top of manhole barrel to accept concrete grade rings and cast iron frame and cover. Reducer design shall be of sufficient strength to safely support HS-20 loading in accordance with AASHTO. F. Provide manhole base of cast-in-place concrete or precast concrete conforming to Section 02082 - Precast Concrete Manholes. Manhole base must be sized to resist buoyant forces. For precast manhole bases, use an approved steel reinforced design of sufficient strength to withstand imposed loads. Form base so that joint with fiberglass manhole barrel is sealed against leakage. 2.02 CONCRETE A. Conform to requirements of Section 03112 - Concrete Structures. B. Channel Inverts: Use 5 sack premix (bag) concrete or Class A concrete for inverts not integrally formed with manhole base, with minimum compressive strength of 4000 psi. C. Concrete Foundation: Use Class A concrete with minimum compressive strength of 4000 psi for cast-in-place base and for foundation slab under manhole base section where indicated on Drawings. 2.03 REINFORCING STEEL A. Provide reinforcing steel conforming to requirements of Section 03112 – Concrete Structures. FIBERGLASS WASTEWATER MANHOLES 02083 - 2 2.04 MORTAR A. Conform to requirements of ASTM C 270, Type S using Portland cement. 2.05 MISCELLANEOUS METALS A. Provide City of Brownsville Public Utility Board standard cast-iron frames, rings, and covers. 2.06 DROP CONNECTIONS AND STUBS A. Provide drop connections and stubs conforming to same pipe material requirements used in main pipe, unless otherwise indicated on Drawings. 2.07 PIPE CONNECTIONS FOR SANITARY SEWERS A. Provide pipe connections conforming to requirements of Section 02082 – Precast Concrete Manholes. B. For drop, provide manufactured connector, such as Insert-a-Tee or equal, which provides positive seal between pipe and to wall. 2.08 SEALANT MATERIALS A. Provide sealing materials between precast concrete adjustment ring and manhole cover frame, such as Adeka Ultraseal P201, or approved equal. B. Butyl Sealant: Provide Press-Seal EZ Stick, or equal, for HDPE rings. 2.09 BACKFILL MATERIALS A. Backfill materials shall conform to requirements of Section 02315 – Trenching Excavation and Backfill. 2.10 NON-SHRINK GROUT A. Provide prepackaged, inorganic, f1owable, non-gas-Liberating, nonmetallic, cement based grout requiring only addition of water. B. Grout shall meet requirements of ASTM C 1107 and shall have minimum 28-day compressive strength of 7000 psi. 2.11 VENT PIPES A. Provide external vent pipes for manholes, where indicated on Drawings. B. Buried Vent Pipes: Provide 3-inch or 4-inch PVC DWV pipe conforming to ASTM D 2655. Alternately, provide FRP pipe as specified for vent outlet assembly. C. Vent Outlet Assembly: Provide vent outlet assembly as shown on Drawings, constructed of following specified materials: 1. FRP Pipe: Provide filament-wound FRP conforming to ASTM D 2996 or centrifugally cast FRP conforming to ASTM D 2997. Seal cut ends in accordance with manufacturer's recommendations 2. Joints and Fittings: Provide epoxy bodied fittings and join pipe to fittings with epoxy adhesive, according to pipe manufacturer's instructions FIBERGLASS WASTEWATER MANHOLES 02083 - 3 3. Flanges: Provide socket-flange fittings for epoxy adhesive bonding to pipe ends where shown on Drawings. Flanges shall meet bolt pattern and dimensions for ANSI B16.1, 125-pound flanges. Flange bolts shall be hot-dip zinc coated, conforming to ASTM A 307, Class A or B. 4. Coating: Provide 2-component, aliphatic polyurethane coating using primer or tie coat recommended by manufacturer. Provide two or more coats to yield dry film thickness of at least 3 mils. Provide Amershield, Tnemec 74, or equal. Color shall be selected by City Engineer from manufacturer's standard colors. PART 3 - EXECUTION 3.01 EXAMINATION A. Verify that lines and grades are correct. B. Determine if sub grade, when scarified and recompacted, can be compacted to 95 percent of maximum Standard Proctor Density according to ASTM D 698 prior to placement of foundation material and base section. When it cannot be compacted to that density, moisture condition sub grade until that density can be reached or treat as an unstable sub grade. C. Do not build manholes in ditches, swales, or drainage paths unless approved by the Owner's Representative. 3.02 PLACEMENT A. Install fiberglass manholes to conform to locations and dimensions shown on Drawings. B. Place sanitary sewer manholes at points of change of alignment, grade, size, pipe intersections, and end of sewer. 3.03 MANHOLE BASE SECTIONS AND FOUNDATIONS A. Place base section and foundation as required in Section 02082 - Precast Concrete Utility Structures. 3.04 CAST-IN-PLACE FOUNDATION A. Place concrete as shown on Drawings on 4-inch (minimum) layer of either crushed stone, cement stabilized sand, or seal slab. When unstable sub grade is identified, over-excavate sub grade to allow for placement of 12-inch thick layer of crushed stone wrapped in filter fabric. 3.05 MANHOLE INVERTS A. Manhole inverts must be in accordance with TCEQ regulations. 1. The bottom of manhole must contain a U-shaped channel that is a smooth continuation of the inlet and outlet pipe 2. A manhole connected to a pipe less than 15 inches in diameter must have a channel depth equal to at least half the largest pipe's diameter. 3. A manhole connected to a pipe at least 15 inches in diameter but not more than 24 inches in diameter must have a channel depth equal to at least threefourths of the largest pipe's diameter. FIBERGLASS WASTEWATER MANHOLES 02083 - 4 4. A manhole connected to a pipe greater than 24 inches in diameter must have a channel depth equal to at least the largest pipe's diameter. 5. A manhole with pipes of different sizes must have the tops of the pipes at the same elevation and flow channels in the invert sloped on an even slope from pipe to pipe. 6. A bench provided above a channel must slope at a minimum of 0.5 inch per foot. 7. An invert must be filleted to prevent solids from being deposited if a wastewater collection system pipe enters a manhole higher than 24 inches above a manhole invert. 8. A wastewater collection system pipe entering a manhole more than 24 inches above an invert must have a drop pipe. 3.06 MANHOLE BARREL A. Lower manhole barrel onto base section. Seal with manufacturer's gasket or approved sealant. Wrap joint with external sealing material, minimum 12-inch width. B. Where cast-in-place base is used, support manhole barrel in place and brace it from sides of excavation to prevent any movement of barrel during concrete placement and while concrete is setting. Provide minimum clearance between reinforcing steel and manhole barrel bottom as shown on Drawings. Do not support manhole barrel on reinforcing steel. Place bead of water swelling sealant around inside of barrel near bottom, as shown on Drawings, to form seal. 3.07 PIPE CONNECTIONS AT PRECAST MANHOLE BASE A. Install approved resilient connectors at each pipe entering and exiting sanitary sewer manholes in accordance with manufacturer's instructions. B. Ensure that no concrete, cement stabilized sand, fill, or other solid material is allowed to enter space between pipe and edge of wall opening at and around resilient connector on either interior or exterior of manhole. When necessary, fill space with compressible material to ensure full flexibility provided by resilient connector. C. Test connection for watertight seal before backfilling. 3.08 PIPE CONNECTIONS AT CAST-IN PLACE BASE A. Cut manhole barrel for pipe penetrations following curvature of pipe and with maximum of 1-inch clearance. Seal cut edges with resin. Hole may be circular or cutout with semi-circular top, which extends to bottom of barrel. B. Place continuous bead of water swelling sealant, as shown on Drawings, around pipe penetrations on interior of manhole barrel. Roughen surface of fiberglass prior to placement to improve bond with sealant. Allow sealant to completely cure before placing concrete against it. FIBERGLASS WASTEWATER MANHOLES 02083 - 5 C. Extend pipe entering manhole at least 8 inches into manhole. Fit pipes with neoprene water-stop gasket seal placed tightly around pipe using stainless steel clamp. Alternately, pipes may have continuous bead of water swelling sealant, as detailed on Drawings, placed around pipe circumference. D. When forming invert surface in bottom of manhole, mound concrete around pipe penetrations so that water swelling sealant beads and neoprene water-stop gasket have minimum 2 inches of concrete cover. E. Test connection for watertight seal before backfilling. 3.09 INVERTS FOR SANITARY SEWERS A. Construct invert channels as required in Section 02082 - Precast Concrete Manholes. 3.10 DROP CONNECTIONS FOR SANITARY SEWERS A. Backfill drop assembly with crushed stone wrapped in filter fabric, cement stabilized sand, or Class A concrete to form solid mass. Extend cement stabilized sand or concrete outside of bells minimum 4 inches. B. Install drop connection when sewer line enters manhole higher than 24 inches above invert of manhole. C. At drop pipe connections through fiberglass barrel, cut circular hole sized to requirements of manufactured connector. Seal cut edge with resin. Install watertight connector according to manufacturer's recommendations. 3.11 STUBS FOR FUTURE CONNECTIONS A. Where future connections are indicated on Drawings, install resilient connectors and pipe stubs with approved watertight plugs in manholes. B. At cast-in-place base, where future connections are indicated on Drawings, install section of pipe extending no further than 12 inches from edge of foundation, ending in bell and provided with rubber-gasket watertight plug. 3.12 ADJUSTMENT RINGS AND FRAME A. Combine precast concrete or HDPE adjustment rings so that elevation of installed casting cover matches pavement surface. Do not load manhole except on load bearing shoulder of manhole. Seal between adjustment ring and fiberglass manhole with approved sealant material. Apply a latex bonding agent to precast concrete surface and join with non-shrink grout. Set cast iron frame on adjustment ring in bed of approved sealant material. Install sealant bed consisting of two beads on sealant, each bead having minimum dimensions of 2-inch and 2-inch wide. B. Wrap manhole frame and adjustment rings with external sealing material, minimum 3 inches beyond joint between ring and frame and ring and precast section. FIBERGLASS WASTEWATER MANHOLES 02083 - 6 C. Set cast iron frame on top of cone or adjustment rings using water swelling sealant materials and adjust elevation of casting cover to match pavement surface. For manholes in unpaved areas, set top frame minimum of 6 inches above existing ground line unless otherwise indicated on Drawings. 3.13 BACKFILL A. After leakage testing, place and compact backfill material in area of excavation surrounding manholes in accordance with requirements of Section 02315Excavation, trenching and Backfilling. B. In unpaved areas, provide positive drainage away from manhole frame to natural grade. Provide minimum of 4-inches of topsoil, seed and hydromulch or sod conforming to requirements of Section 02920 - Landscape Restoration. 3.14 ACCEPTANCE TESTING A. Conduct leakage testing of manholes in accordance with TCEQ regulations 217.58. B. Manholes must be tested separately and independently of the wastewater lines. C. Test by the Vacuum Method A vacuum test shall be performed by the Contractor prior to backfilling those manholes that fall within the right-of-way that require detouring of vehicular traffic. A second vacuum test will not be required after backfilling and compaction is complete unless there is evidence that the manhole has been damaged or disturbed subsequent to the initial vacuum test. 1. Equipment a. The manhole vacuum tester shall be a device approved for use by the Engineer or designated representative. b. Pipe sealing plugs shall have a load resisting capacity equal to or greater than that required for the size of the connected pipe to be sealed. 2. Procedures - applicable to new 48-inch diameter manholes a. Manhole section interiors shall be carefully inspected; units found to have through-wall lift holes, or any penetration of the interior surface by inserts provided to facilitate handling, will not be accepted. Coating shall be applied after the testing unless coating is applied before installation or unless it is applied at the factory. All lift holes and exterior joints shall be plugged with an acceptable non-shrink grout. No grout shall be placed in horizontal joints. Tests shall be performed before grouting the invert or around pipe penetrations and before coating the interior surfaces of the manhole or junction box. b. After cleaning the interior surfaces of the manhole, the Contractor shall place and inflate pneumatic plugs in all of the connecting pipes to isolate the manhole; sealing pressure within the plugs shall be as recommended by the plug manufacturer. Plugs and the ends of pipes connected by flexible boots shall be blocked to prevent their movement during the vacuum test. FIBERGLASS WASTEWATER MANHOLES 02083 - 7 c. The vacuum test head shall be placed on the top of the cone section or, inside of the top of the manhole cone section, and the compression seal band inflated to the pressure recommended by its manufacturer. The vacuum pump shall be connected to the outlet port with the valve open. When a vacuum of 10 inches of mercury (-5 psig) has been attained, the valve shall be closed and the time noted. Tampering with the test equipment will not be allowed. d. The manhole shall have passed the test if the vacuum does not drop below 9 inches of mercury (-4.5 psig) within 3 minutes of the time the valve was closed. The actual vacuum shall be recorded at the end of the 3 minutes during which the valve was closed. e. When the standard vacuum test cannot be performed because of design or material constraints (examples: T-Type manholes, T-Lock Liners, or other reasons acceptable to the Engineer or designated representative), testing of individual joints shall be performed as directed by the Engineer or designated representative. 3.15 PROTECTION A. Protect manholes from damage until work has been finally accepted. Repair damage to manholes at no additional cost to City. END OF SECTION FIBERGLASS WASTEWATER MANHOLES 02083 - 8 SECTION 02224 STRUCTURAL EXCAVATION AND BACKFILL PART 1 - GENERAL 1.01 SUMMARY A. This Section includes providing the following structural excavation and backfill requirements: 1. Excavation for structures, except pipe sewers, including disposal offsite of excavated material, and backfilling around completed structures to the level of original ground or finished grade. 2. Necessary pumping or bailing, sheeting, drainage, construction, and installation and removal of any required cofferdam(s). 3. Unless otherwise shown on PLANS, work includes removal of old structures (or portions thereof) trees, and all other obstructions necessary to complete construction. 1.02 REFERENCES A. The publications listed below form a part of this Specification to the extent referenced. The publications are referred to in the text by basic designation only. 1. American Society For Testing And Materials (ASTM) a. ASTM D698, Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort 12,400 ft-lbs/ft. b. ASTM D2487, Standard Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System) 1.03 DEFINITIONS A. Cofferdam(s) is a temporary or removable structure to keep surrounding earth, water, or both, out of the excavation and may be constructed of earth, timber, steel, concrete, or a combination thereof. B. Caisson(s) is a permanent part of the substructure which sinks gradually into place as material is excavated within the area protected by its sidewalls. It may be either open well type or pneumatic type caisson(s). C. Width and Length: From vertical plane outside structure line equal to thickness of footing or slab. D. Depth: From bottom of footing or slab to finished ground line or natural ground line, whichever is lower in elevation. 1.04 DELIVERY, STORAGE AND HANDLING A. Store excavated materials used for future backfill in piles at locations convenient for rehandling, and locate so as not to interfere with other work. Locate edge of stockpile no closer to excavation than 1 ½ times the excavation depth. STRUCTURAL EXCAVATION AND BACKFILL 02224 - 1 1.05 PROJECT SITE CONDITIONS A. Provide site drainage and/or groundwater control to protect excavations. Use site grading, cofferdam(s), ditches, and/or other means to prevent surface water from flowing into excavations or ponding on areas where foundations or pavement will be located. Use pumps, bailing, well points or other means to lower groundwater elevation below bottom elevation of excavation. Maintain continuous ground water and surface water control until structure is complete and ground surface has been brought to final grade. 1.06 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in Contract price bid for work of which this is a component part. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 GENERAL A. The work as hereinafter specified is incidental to other work being performed under this Contract and no separate payment is provided for work performed. 3.02 ERECTION/INSTALLATION/APPLICATION AND/OR CONSTRUCTION A. General Excavation 1. Excavate to the lines and depths shown on PLANS, or as designated by the ENGINEER. Excavate below bottom of structural slab elevation as indicated for seal slab. 2. Furnish supports for piping and structures within excavated area at no additional cost to OWNER. 3. When requested, sample soil in accordance with ASTM D2487 to determine classification and strength of subgrade material. All sampling and testing to be completed by a testing laboratory approved by the ENGINEER. Notify ENGINEER of test results immediately. Maximum depth of soundings not to exceed 5 feet below proposed footing grade and to be made when foundation excavation is substantially complete. If additional testing is required or recommended by the testing laboratory, the applicable ASTM testing methods are to be used. 4. Where necessary to increase or decrease footing depths, obtain prior approval by the ENGINEER providing information in the form of drawings or details of the proposed changes prior to initiating. 5. Scarify to a depth of 6 inches and compact the exposed subgrade to at least 95% of the maximum dry density determined using ASTM D698-91, Procedure A. During construction, hold water contents to ±2% optimum. Place seal slab after density tests of subgrade have verified compliance with Contract requirements. 6. When excavating rock or other hard material, cut to level, stepped, or serrated surface and remove loose material from excavation. Clean out seams and fill with concrete or approved structural fill prior to time of footing placement. STRUCTURAL EXCAVATION AND BACKFILL 02224 - 2 B. Cofferdam(s) and Caisson(s): When caisson(s) are provided, excavation is not permitted outside outer faces of caisson(s). 1. Cofferdam(s) to be complete with bracing and necessary pumps, well points, or other procedures to control groundwater and surface water intrusion. 2. Place caisson(s) by one or more of the following methods: a. Interior dredging. b. Addition of weight by increasing wall thickness, when permitted by ENGINEER. c. Addition of removable loads. d. Use of water or air jets. e. Use of pile driving equipment for steel shell caisson(s) with suitable driving rig. 3. Provide cofferdam(s), when required, to allow for construction, removal of forms, and observation. 4. Types and clearances of cofferdam(s) or caisson(s) which affect character of finished work to be submitted to the ENGINEER for approval. All other details and design are responsibility of CONTRACTOR. 5. When required, submit drawings showing proposed method of ground and surface water control and cofferdam(s) or caisson(s) construction. 6. Extend sheet pile cofferdam(s) and caisson(s) below bottom of footings sufficiently to prevent "blowouts," and provide adequate bracing and make as watertight as practicable. 7. When foundation pilings are driven inside cofferdam(s) or caisson(s), excavate below footing grade to allow for swell of ground during driving operations. Dewater excavation and remove foundation material to exact footing grade after driving piles, before placing seal slab. Backfilling to compensate for excavation below grade is not permitted. Fill such areas with concrete, at time seal slabs are placed. 8. Adjust cofferdam(s) or caisson(s) which tilt or move laterally. Report such movement to ENGINEER immediately. 9. Unless otherwise provided, remove cofferdam(s) after completion of construction so as not to disturb or mar structure. C. Dewatering 1. Provide dry excavation by dewatering per Specification 02240- Dewatering Excavations. Discharge water from dewatering operations outside of excavation a sufficient distance to prevent water from flowing back into excavation. Avoid movement of water through or along concrete being placed. 2. Do not pump or bail during concrete placement, or for a minimum of 24 hours thereafter, unless from suitable sump separated from concrete by watertight wall. 3. Do not pump or bail to dewater excavations for minimum of 36 hours after seal slab has set. D. Preparation of Foundation Pad for Grid-Beam Stiffened Slab on Ground Foundations 1. Within the foundation outline and 2 feet outside the outline, remove at least 12 inches of the surficial soil, all organics, and any other detrimental materials below the bottom of the foundation. Scarify to a depth of 6 inches and compact the exposed subgrade to at least 95% of the maximum dry density determined using ASTM D698-91, Procedure A. During construction, hold water contents to ±2% of optimum and compacted lift thickness to 6 inches. STRUCTURAL EXCAVATION AND BACKFILL 02224 - 3 2. Bring the foundation pad to grade conforming to the following: a. Retained on 2 ½ " screen b. Retained on 7/8" screen c. Retained on 3/8" screen d. Retained on No.4 mesh e. Retained on No. 40 mesh sieve with crushed limestone flexible base generally 0% 5% - 50% 25% - 65% 35% -75% 60% - 90% 3. Material passing the No. 40 sieve shall meet the following plasticity requirements: Passing No. 40 Sieve 25% - 40% 10% - 25% Maximum Index 15 20 Plasticity Minimum Index 3 4 Plasticity a. Compact the crushed limestone flexible base to 100% of the maximum dry density determined using TxDOT Test Method TEX-113-E. During construction, hold water contents to ±2% of optimum and compacted lift thicknesses to 6 inches. 4. Where shown on PLANS, place a vapor barrier on top of the compacted crushed limestone. Placement of vapor barrier to be in accordance with manufacturer's recommendations. E. Preparation of Foundation Pad for Mat/Solid Slab Foundations 1. Prepare foundation pad in accordance with Paragraph 3.02 A, including placement of seal slab. Alternatively, the procedure defined in Paragraph 3.02 D may be used. F. Structural Backfill Above Foundation Bearing Area for Below-Ground Walls 1. Where shown on PLANS, provide granular free-draining material, 2 feet in thickness (minimum) behind the wall. The free-draining backfill to be a washed, crushed, coarse-grained material with no more than 5% passing the No. 200 sieve. Gradation to conform to: a) Grade 4 or 5, Item 302, Aggregate for Surface Treatment; or b) Fine Aggregate, Item 421, Portland Cement Concrete, Texas Department of Transportation (TxDOT) 1993 Standard Specification for Construction of Highways, Streets and Bridges. Place geotextile filter fabric between free-draining material and common backfill material. 2. The free-draining material to be placed in a dry condition and vibrated in place to a relative density of 70%. Minimum dry density to be determined using ASTM D425496, Test Method B and maximum dry density to be determined using ASTM D425396, Test Method 1A or 2A. 3. The free-draining backfill to be capped with 18 inches of lean clay having a plasticity index of 20 or less. Compact the lean clay to 95% of the maximum dry density determined using ASTM D698-91, Procedure A. Hold compacted lift thicknesses to 6 inches or less and water content within 2% of optimum. Place filter fabric between the clay cap and the free-draining material. 4. Structural backfill (common), outside of free-draining material, to be a lean clay having a plasticity index of 20 or less. Compact the lean clay in accordance with the requirements of Paragraph 3.03 F.3. STRUCTURAL EXCAVATION AND BACKFILL 02224 - 4 G. Utility Trenches Beneath Foundations 1. Utility trenches beneath foundations to be constructed in accordance with standard details. 3.03 FIELD QUALITY CONTROL A. Unless otherwise authorized, perform all backfill requirements in the presence of the ENGINEER. 3.04 PROTECTION A. Protect excavations from rainfall and surface water. If supporting soil is exposed to adverse wet or dry conditions, excavate deeper and/or wider to sound materials at no additional cost to OWNER. Prior to such activity, notify ENGINEER. END OF SECTION STRUCTURAL EXCAVATION AND BACKFILL 02224 - 5 THIS PAGE INTENTIONALLY LEFT BLANK STRUCTURAL EXCAVATION AND BACKFILL 02224 - 6 SECTION 02242 CEMENT STABILIZED SAND BACKFILL PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish all plant, labor, equipment, supervision, and tools for the furnishing and installation of Cement-Stabilized Sand Backfill as shown on PLANS and as indicated in other Sections of the TECHNICAL SPECIFICATIONS. B. Work Specified Elsewhere: Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in Contract price bid for work of which this is a component part. PART 2 - PART 2 - PRODUCTS 2.01 MATERIALS A. Aggregate: Deleterious materials in sand not to exceed the following limits, by weight: 1. Material removed by decantation ..........5.0% a. Clay lumps .......................................0.5% b. Other deleterious substances (e.g. coal, shale, coated grains of soft flaky particles) ..........................................2.0% 2. Gradation Requirements: Sieve Size 1/4" No. 40 No. 100 No. 200 3. % Retained 0-5 0-40 70-100 95-100 Color test ASTM C40. Color is not to be darker than standard color. B. Plasticity Index: 10 or less when tested in accordance with ASTM 04318. C. Cement: ASTM C150, Type I. D. Water: Fresh and clean. CEMENT STABILIZED SAND BACKFILL 02242 - 1 PART 3 - EXECUTION 3.01 MIXING A. Use not less than 1% sacks of cement per cubic yard of mixture. Use amount of water required to provide mix suitable for mechanical hand tamping and mix in mixer to obtain specified results. Material not in place within 1% hours after mixing or that has obtained an initial set will be rejected and removed from the site. 3.02 PLACING A. Place at locations indicated on PLANS and in TECHNICAL SPECIFICATIONS. Place in maximum 8" lifts and compact each lift with power-driven mechanical tampers. Compact to a minimum dry density of 102 pounds per cubic foot. Place around cast-in-place concrete structures only after they have cured for at least four days. END OF SECTION CEMENT STABILIZED SAND BACKFILL 02242 - 2 SECTION 02315 EXCAVATION, TRENCHING AND BACKFILLING PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. This specification includes the requirements for excavation, bedding, backfilling and compaction, of utility trenches for water and sewer mains and associated appurtenances. 1.02 WORK OF THIS SECTION SPECIFIED ELSEWHERE A. Section 02161 - Trench Excavation and Shoring Safety Plan B. Section 02240 - Dewatering Excavations C. Section 02360 - Vegetation Restoration 1.03 REFERENCES A. . ASTM D1557 - Laboratory Compaction Characteristics of Soil. B. Department of Labor, Occupational Safety and Health Administration 29 CFR Part 1926, Occupational Safety and Health Standards - Excavations; Final Rule (OSHA). C. Follow the latest edition of the above references. 1.04 DEFINITIONS A. Soil types are defined as follows. 1. Trench Excavation. Excavation of soil for the purpose of installing water and sewer mains, their appurtenances, and for the restoration of surface features. The excavated material may be classified as either clay or sandy soil, a mixture of each, and may contain varying amounts of loam, silt, gravel, organic material, or rock fragments less than one (1) cu yd in volume. Trench excavation excludes all material defined as Rock Excavation and Unsuitable Soil. 2. Rock Excavation. Excavation of naturally occurring deposits of limestone, sandstone, shale or other indigenous rock occurring as bedrock, rock ledges, outcroppings, or boulders, one (1) cu yd or larger in volume necessitating removal by the use of systematic drilling, expansive jacks, or backhoe mounted pneumatic hole punchers or rock breakers. 3. Unsuitable Soil Materials. This soil material includes varying amounts of material classified as slag, cinders, trash, debris and rubble; organic or contaminated soil and material; asphalt and concrete pavements (including aggregate sub-base); sidewalks and curbs; concrete slabs concrete or masonry foundations; metal beams, bracing, and sheet piling; or similar matter. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 1 1.05 SUBMITTALS A. Submittal requirements and procedures for Shop Drawings, Product Data, Records and Samples must be submitted in accordance with Section 01300. B. Provide to the Owner copies of all contractual agreements, permits and/or licenses for proposed disposal sites for all material and waste removed from the job site. C. Provide to the Owner, prior to the use of any materials in this Section, certified test and inspection reports that all materials to be utilized in this work are in accordance with the Contract Documents. D. Shop Drawings: 1. Plating of Excavations: When requested submit design calculations stamped by a Professional Engineer licensed in the State of Texas as proof of the structural integrity of the plating provided. 2. Calculations: Submit appropriate design calculations to support Shop Drawings. Include maximum theoretical deflections of supporting members. Include calculations indicating the expected magnitude of vertical and lateral movement. E. The Contractor, before starting work, must submit to the Owner for approval, a layout of his construction procedures and the equipment to be used in maintaining the trees in place without damage. 1.06 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in Contract price bid for work of which this is a component part. PART 2 - PART 2 - PRODUCTS 2.01 BEDDING AND BACKFILL A. Bedding Stone 1. Pipe bedding stone shall be clean gravel, crushed gravel or crushed limestone, free of mud, clay, vegetation or other debris, conforming to ASTM C 33 for stone quality. Size gradation shall conform to ASTM C-33 No. 57 or No. 67 or the following Table: SIEVE SIZE 1-1/2” 1” 1/2” #4 #8 % RETAINED WEIGHT 0 0-10 40-85 90-100 95-100 BY EXCAVATION, TRENCHING AND BACKFILLING 02315 - 2 B. Bedding and Backfill Sand 1. Sand for pipe bedding and backfill must be clean, granular and homogeneous material composed mainly of mineral maUer, free of mud, silt, clay lumps or clods, vegetation or debris. The material removed by decantation TxDOT Test Method Tex406- A, plus the weight of any clay lumps, must not exceed 4.5 percent by weight. 2. The resistivity must not be less than 3000 ohms-em as determined by TxDOT Test Method Tex-129-E. Size gradation of sand for bedding must be as follows: GRADATION TABLE % RETAINED SIEVE SIZE WEIGHT 1/4” 0 #60 75-100 #100 95-100 BY 2.02 CONTROLLED LOW STRENGTH MATERIAL, CLSM (FLOWABLE FILL MATERIAL) A. Contractor must provide CLSM mix design prepared by a qualified commercial laboratory and reviewed and signed by a licensed Texas Professional Engineer. 2.03 AGGREGATE FOR STABILIZATION OF TRENCH BOTTOMS A. When required aggregate used to stabilize trench bottoms must have an aggregate such that the majority of the material passes a 1 ½ to 2 ½ -inch sieve, with no more than 10% of the material passing the No. 16 sieve. PART 3 - PART 3 - EXECUTION 3.01 WORK AREA PREPARATION A. Existing Work Area Condition 1. All information on subsurface exploration available to the Owner, if any, will be made available to the Contractor for examination. However, the Owner in no way takes responsibility for, the interpretation, accuracy, or thoroughness of the information. It will be the responsibility of the Contractor to make such subsurface explorations as deemed necessary, to supplement information provided by the Owner, at no additional cost to the Owner. 2. Prior to excavating, thoroughly investigate the limits of the proposed trench to ascertain the existence and location of any underground structures, existing utilities or other items that might interfere with the pipe installation. Notify the Owner of any obstructions that will prevent the installation of the pipe or appurtenances as indicated on the Drawings. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 3 B. Prior to commencing this Work, all erosion control and tree protection measures required shall be in place and all utilities located and protected as set forth in "General Conditions". C. Clearing Work Area 1. Before starting trench excavation, all obstructions, which must be removed or relocated, must be cleared. Pavement, curbs, walks, trees, shrubs, utility poles, and other structures, which are to be preserved, must be properly braced and protected. Unless otherwise shown or directed by the Owner, all trees and large shrubs must be preserved with minimal damage inflicted on the root structure. When required, small trees and shrubs may be removed and replaced with equivalent specimens if approved in advance by the 2. Owner. D. Segregation and Disposal of Soil Material 1. Topsoil suitable for final grading and landscaping, and excavated material suitable for backfilling, as described in Section 02360, - Vegetation Restoration, may be stockpiled separately within the Work Area if approved by the Owner. 2. Surplus excavated material and excavated material unsuitable for backfilling, final grading, and landscaping, must be transported off of the Site and disposed of in disposal areas obtained by the Contractor and approved by the Owner. 3. Excavated material must not be stockpiled along the route of the work unless authorized beforehand by the Owner. E. Pavement Removal 1. The Contractor must saw cut all concrete and asphalt pavements to their full depth prior to breaking and removing the pavement. On pavements consisting of an asphalt overlay on a concrete base, the Owner reserves the right to order the removal of up to 6 additional inches beyond the edge of the concrete base. This additional asphalt removal must be removed to a neat saw cut edge and will be considered incidental to the Work. 2. 2. Utilizing drop weight equipment for the purpose of breaking the pavement is not permitted. F. Protection or Removal of Existing Trees 1. The Contractor is not permitted to remove trees beyond the limits of the trench excavation except as specified in these Specifications, or as shown on the Plans, or as ordered by the Owner. 2. The Contractor must arrange his construction operations and use the necessary equipment required, so as not to remove or damage any existing trees due to the Work to be performed under this Contract. 3. To protect the trunks of existing trees from damage, the Contractor must place 2" x 4" boards, six (6) feet long, vertically and about 6 inches apart around all trees located in the parkways along the route of the work. The boards must be held in place by wire looped around the circumference of the tree trunk. After completion of all work, the protective boards and wires must be carefully removed. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 4 4. Any pruning of trees and roots required to permit the operation of the Contractor's equipment must be kept to a minimum, subject to the approval of the Owner, and must be done symmetrically by a licensed arborist. The arborist is required to obtain any necessary permits to trim and spray or in any way affect the general health or structure of trees in the public way. G. Excavating Over or Adjacent to Existing Utilities 1. The Contractor must verify the location of existing utilities in the vicinity of the work before starting construction. The Contractor is responsible for protecting, and repairing utilities damaged by the work under of this contract, at no additional cost to the Owner. The Contractor must coordinate all work with the owner of the utility. 2. The Contractor shall conduct his Work such that a reasonable minimum of disturbance to existing utilities will result. Particular care shall be exercised to avoid the cutting or breakage of all existing utilities. If at any time the Contractor damages the utilities in place through his operations, the Contractor shall immediately notify the owner of the utility to make the necessary repairs. When active wastewater sewer lines are cut in the trenching operations, temporary flumes shall be provided across the trench while open and the lines shall be restored when the backfilling has progressed to the original bedding lines of the sewer so cut. 3. The Contractor shall inform utility owners sufficiently in advance of the Contractor's operations to enable such utility owners to reroute, provide temporary detours or to make other adjustments to utility lines in order that the Contractor may proceed with his Work with a minimum of delay and expense. The Contractor shall cooperate with all utility owners concerned in effecting any utility adjustments necessary and shall not hold the City liable for any expense due to delay or additional Work because of conflicts arising from existing utilities. 4. Wherever existing utility branch connections, sewers, storm drainage structures, drains, conduits, ducts, pipes or structures present obstructions to the grade and alignment of the pipe, they shall be permanently supported, removed, relocated or reconstructed by the Contractor through cooperation with the owner of the utility, structure or obstruction involved. In those instances where their relocation or reconstruction is impractical, a deviation from line and grade may be ordered by the Engineer and the change shall be made in the manner directed. 5. Adequate temporary support, protection and maintenance of all underground and surface utility structures, drains, sewers and other obstructions encountered in the progress of the Work shall be furnished by the Contractor, at his expense and as approved by the Engineer. H. Plating of Excavations 1. Unattended excavations in public streets, alleys, driveways, and walkways necessitated by the work must be plated, if the excavation has not been backfilled, or a temporary paved surface has been provided, or specifically authorized otherwise by the Owner. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 5 2. Steel Plate(s) must be large enough to safely span the excavation with sufficient overlap beyond the edge of the excavation to provide firm support as appropriate for the type of pavement and soil encountered. Plate(s) must be firmly bedded and secured to the adjacent pavement to prevent rocking or movement, and of adequate thickness to carry anticipated loads. When plating is left in place during off-work periods, or if the Owner feels vehicular or pedestrian safety may be compromised, a bituminous ramp is to be provided at the perimeter of the plate(s) as appropriate to provide a smooth transition between the surface of the plate(s) and the adjacent pavement or walkway. 3. Plating subjected to vehicular traffic must be capable of carrying AASHTO H20 traffic loading without movement or excessive deflection. The plating must be secured to the adjacent paved surface in such manner so as to prevent rocking or other movement which could expose the excavation. The name of the Contractor must be indicated on both sides of the plating. 4. When steel plates are used and left in place beyond normal working periods, a bituminous ramp must be provided at the perimeter of the plate(s), to provide a smooth transition between the surface of the plate(s) and the adjacent street pavement or walkway, unless authorized otherwise. 5. Plating of excavations is not intended as a substitution for providing traffic control, which must be provided in accordance with Contract Documents. 3.02 EXCAVATION PROTECTION A. General Requirements 1. Excavations must be protected in accordance with applicable rules, laws and regulations of Federal, State and City ordinances applicable to underpinning, shoring of excavations, and other work affecting adjoining property and the safety of worker, but must not be less than the standards and regulations established by OSHA. Provide trench protection and excavation safety systems in accordance with Section 02161. 2. Structural support systems are required for all excavations exceeding five (5) feet in depth. Structural support systems are to be used in all excavations in soils that are determined to be unstable or subject to cave-ins, regardless of the depth of the excavation. 3. The Contractor must remove and replace, or provide the means to support any surface features when their location poses a hazard to workers in the excavation. 4. Whenever excavations cross the location of an existing underground utility, the Contractor must proceed with caution and use appropriate methods of excavation to avoid damaging the utility. The Contractor is responsible for coordinating all work with the owner of the utility. 5. Ramps, runways or ladders must be provided for ingress and egress by workers from excavations exceeding four (4) feet in depth in accordance with OSHA. 6. Surface or ground water entering excavations must be controlled by the use of appropriate equipment. If the trench interrupts the natural flow of surface water, diversion ditches or dikes must be used. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 6 B. Protection of Adjacent Structures 1. When the stability of adjoining buildings, walls, sidewalks, pavements or other structures are endangered by the excavation operations, structural support systems such as shoring, bracing or underpinning must be used to ensure the stability of the structure. 2. The Contractor is responsible for posting and issuing all notices required to inform adjacent or adjoining property owners or other parties and such notice or notices must be served in sufficient time as not to delay the progress of the Work under this Contract. 3. 3. Excavation below the foundation of an adjacent structure requires either of the following: a. A Professional Engineer licensed in the state of Texas has determined that the structure is located far enough away from the excavation so as to be unaffected, or b. A Professional Engineer licensed in the state of Texas has designed and approved a structural support system to provide adequate protection to the existing structure. C. Structural Support Systems 1. Structural support systems may consist of pre-engineered systems such as aluminum hydraulic shoring, trench shields, trench boxes, or systems constructed on the job site such as timber or steel shoring or steel sheet piling. Provide trench excavation safety system and shoring in accordance with OSHA and Specification Section 02161 - Trench Excavation and Shoring Safety Plan. 3.03 EXCAVATION A. Trench Excavation (Open Cut) 1. The width of the trenches must provide adequate space for workers to place and join the pipe properly, and must be kept to the minimum practical width. Trenches for water, reclaimed, and wastewater lines shall have a clear width on each side beyond the outside surfaces of the pipe bell or coupling of not less than 6 inches nor more than 12 inches. 2. The Contractor must excavate a minimum of 6-inches below the bottom of the pipe unless otherwise shown, specified, or directed, so bedding material can be placed in the bottom of the trench and shaped to provide a continuous firm bearing for the pipe barrel. Bell holes must be provided for proper make-up of the joints. 3. The open excavated trench preceding the pipe laying operation and the unfilled trench with pipe in place must be kept to a minimum length causing the least disturbance. The maximum length of open trench must not exceed 100-feet unless otherwise directed by the Owner. 4. Contractor must saw cut existing pavement prior to excavating. Width of saw cut pavement must be such that any sheeting provided for excavation protection is not in contact with the pavement. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 7 5. Before attempting to lay pipe, all water, debris, loose material, etc, encountered in trench must be pumped or bailed out and the trench must be kept clean and dry while the pipe is laid and backfilled. Where water is encountered in the excavation, the excavation must be dewatered in accordance with Section 02240 - Dewatering Excavation of these specifications. B. Rock Excavation (open cut) 1. Whenever rock, stone, masonry or other hard, unyielding material is encountered at or above the required trench bottom elevation, remove it to provide a clearance of no less that 8-inches below and 6-inches on each side of pipes and associated fittings, valves and other appurtenances. Backfill the over excavated area with granular bedding material. 2. Removal of Rock by blasting or by use of a drop hammer is not permitted under this contract. 3. Excavate rock as near as practicable to the outside shape of the work as shown on the Plans. Solid rock, not loosened from the adjacent solid rock, may extend within the neat outside surfaces of these shapes no more than two (2) inches, provided that on any ten (10) foot section of the excavation the total area of such projection at the neat outside surface of the sections does not exceed twenty (20) percent of the area of that section 4. The Contractor is required to remove all loose rock and other material from the excavation. In the event that the excavation is enlarged beyond the outside shape of the sewer or sewer structures as shown on the Plans, the Contractor will not be entitled to any payment for the additional concrete needed to fill the voids caused by such over-breakage. C. Trench Excavation (Short Tunnel Construction) 1. In some instances, trees, fire hydrants, sidewalks, and other obstructions may be encountered, the proximity of which may be a hindrance to open cut excavation. In such cases, the Contractor must excavate by means of short tunnels in order to protect such obstructions against damage. Short tunnel work will be considered incidental to the construction and no additional payment will be allowed. D. Additional Trench Excavation 1. If the soils encountered at the elevations specified are not suitable, or it is determined necessary to go to an additional width and depth the excavation must be carried to such additional width and/or depth. Contractor must fill such excavated areas with approved backfill material as required or directed by the Owner. E. Unauthorized Excavation 1. Wherever the excavation is carried beyond or below the lines and grades shown on the Drawings all such excavated space must be refilled with select fill materials and in such manner as may be directed in order to insure the stability of all affected structures. Beneath all structures, space excavated without authority must be refilled by the Contractor with approved backfill materials and will be considered incidental to the construction and no EXCAVATION, TRENCHING AND BACKFILLING 02315 - 8 additional payment will be allowed. F. Trenching Across or Over Existing Excavations or Utility Trenches 1. In the event that the trench passes over or through a previous excavation, carefully compact and stabilize the bottom of the new trench or excavation to a density equal to or greater than 95% of the maximum dry density as determined by ASTM 01557. Perform this compaction carefully to avoid damaging the existing utility or structure. G. Special Excavation 1. 1. Remove unsuitable materials to provide 2-feet minimum horizontal and vertical clearance around water mains or related structures as applicable, unless otherwise directed by the Owner. 3.04 PLACEMENT OF PIPE BEDDING A. Pipe Bedding 1. Pipe laid in trenches must be bedded in accordance with the details shown on the Drawings. 2. Existing underground structures, tunnels, conduits, and pipes crossing the excavation must be bedded with compacted sand. Bedding material must be placed under and around each existing underground structure, tunnel, conduit, or pipe as required to stabilize the excavation. 3. At each joint, enough depth and width must be provided around the pipe so that joints can be properly made up. B. Bedding Placement - Vaults and Structures 1. Pipe bedding beneath precast bases, cast-in-place bases and other foundations must be 6-inches in thickness and thoroughly compacted in place to not less than 95% of the maximum dry density as determined by ASTM 01557. C. Bedding and Backfill for Short Tunnel 1. Pipes placed in short tunnels must be bedded in sand. The annular space between the pipe and undisturbed earth must be completely filled with compacted sand fill material. Pipelines in short tunnels must be supported to permit the placement of backfill. 3.05 BACKFILLING EXCAVATIONS A. General 1. All excavations must be backfilled to the original surface of the ground or to such other grades shown on the Drawings or as directed by the Owner. For areas to be covered by topsoil, backfill must be left 6-inches below the finished grade or as shown on the Drawings, or directed by the Owner. All backfilling must be done as soon as possible after water main piping has been installed and inspected, and as soon as mortar for masonry or thrust blocks have sufficiently set, unless directed otherwise by the Owner. 2. Unsuitable material and material rejected by the Owner must immediately be removed from the Site and disposed of by the Contractor at his expense. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 9 3. Construction equipment used to backfill against and over cast-in-place concrete structures must not be permitted to travel over these structures until the designated concrete strength has been obtained, as verified by concrete test cylinders. In special cases where conditions warrant, as determined by the Owner, the above restriction may be modified if the concrete has gained sufficient strength, as determined from test cylinders, to satisfy design requirements for the removal of forms and the application of load. B. Backfill Procedure 1. Sand fill material must be used for backfill where roadways, driveways, sidewalks, or other pavements are to be placed on the backfill or where the edge of the trench excavation is 5-feet or less from any roadway pavement, and in trenches crossing pavements or sidewalks for a distance beyond the edge of the pavement or sidewalk equal to the depth of the trench. Sand fill material must be used as backfill in trenches parallel to roadways, driveways, or other pavements from the top of the bedding to a depth below the ground surface equal to the distance between the inner face of the trench and the closest edge of the pavement. 2. Where pavements and appurtenances for streets are to be placed over the trenches, the backfill material must be placed in uniform layers not greater than 6-inches in thickness and compacted in place. Each layer must be compacted to or not less than 95% of the maximum dry density as determined by ASTM 01557. 3. All pipe sewers must be surrounded and covered by trench backfill above the granular embedment as soon as they are laid. The trench backfill must be properly compacted and tamped to a depth of at least one foot above the top of the pipe prior to placing the remainder of backfilling. 4. Excavated material can be re-used as backfill only if directed or approved by the Owner. 5. Where railroad tracks or pavements for highways are to be placed over trenches, the backfill must be placed in conformance with the standards set forth by the respective agency having jurisdiction over the railroad or highway. 6. Trench backfilling work must be done in such a way so as to prevent damage to any pipe, utility, or structure. 7. On monolithic concrete sewers and structures cast-in-place, trench backfill must not be placed until the concrete has attained a compressive strength of 2,000 psi. C. Backfill under a Supported Water Main 1. Backfill the open trench under the water main and 10-feet beyond the water main sides with approved material up to a level of 1-foot below the invert of the supported water main. The backfill material must be placed in layers of 12-inches with each layer mechanically compacted to 95% of the maximum dry density as determined by ASTM 01557. 2. Place pipe bedding material from 1-foot below the water main invert to the water main centerline and compact to achieve 95% of the maximum dry density as determined by ASTM 01557. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 10 3. Remove the water main pipe support systems, supporting beams, and pipe support straps; and cut-off and remove soldier piles to a level at least 4-feet below finished grade. 4. The water main pipe must be inspected for leakage and joint integrity and repaired if necessary, prior to backfilling above the water main. 5. After approval by the Owner, continue backfilling with approved material. The open trench must be backfilled up to the required sub grade level. The backfill material must be placed in layers of 12-inches with each layer mechanically compacted to 95% of the maximum dry density as determined by ASTM 01557. D. Backfilling with Controlled Low Strength Material (CLSM) - Flowable Fill 1. Do not place the mix on frozen ground, in standing water, or during wet weather conditions. Mixing and placing may begin only if the air temperature is 35ºF minimum and rising. At time of placement, the material temperature must be 40 º F minimum. Mixing and placing must stop when the air temperature is 40 ºF and falling. 2. Place the mix directly from the chute into the space to be filled. Other placement methods may be approved by the Owner if the mix design is appropriate. 3. When backfilling against structures, place the mix in layers to prevent damage by lateral pressures. Side slopes must be stepped or serrated to prevent wedging action of the backfill against the structure. Allow each layer to harden prior to placing the next layer. 4. When backfilling pipe trench, distribute the mix evenly on each side of the pipeline to prevent movement. 5. The mix must not be exposed to freezing temperatures or wet weather conditions during the first 24 hours after placement. 6. The mix may be subjected to loading upon approval by the Owner, or when a penetration of 39 mm/blow or less has been obtained with the Dynamic Cone Penetrometer test. E. Utility Line Abandonment with GROUT / CLSM Backfill 1. Do not place the mix in frozen pipe or in standing water. Mixing and placing may begin only if the ground temperature is 35ºF minimum and rising. At time of placement, the material temperature must be 40 ºF minimum. Mixing and placing must stop when the air temperature is 40 ºF and falling. 2. Place the mix directly from the chute into a pump to discharge into the pipe being filled. Other placement methods may be approved by the Owner if the mix design is appropriate. 3. Provide openings into the pipe being filled to allow air to escape and to monitor filling progress. 4. The mix must not be exposed to freezing temperatures or wet weather conditions during the first 24 hours after placement. EXCAVATION, TRENCHING AND BACKFILLING 02315 - 11 3.06 FINISH GRADING A. Finish grading must be performed in accordance with the completed contour elevations and grades shown and must be made to conform to the existing ground surface. All finished graded surfaces must be left smooth and firm and graded to permit positive drainage. END OF SECTION EXCAVATION, TRENCHING AND BACKFILLING 02315 - 12 SECTION 02317 EXCAVATION AND BACKFILL FOR UTILITIES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Excavation, trenching, foundation, embedment, and backfill for installation of utilities, including manholes and other pipeline structures. 1.02 DEFINITIONS A. Pipe Foundation: Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation backfill material placed and compacted in over-excavations. B. Pipe Bedding: The portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally from one trench sidewall to opposite sidewall. C. Haunching: The material placed on either side of pipe from top of bedding up to spring line of pipe and horizontally from one trench sidewall to opposite sidewall. D. Initial Backfill: The portion of trench backfill that extends vertically from spring line of pipe (top of haunching) up to a level line 12 inches above top of pipe, and horizontally from one trench sidewall to opposite sidewall. E. Pipe Embedment: The portion of trench backfill that consists of bedding, haunching and initial backfill. F. Trench Zone: The portion of trench backfill that extends vertically from top of pipe embedment up to pavement subgrade or up to final grade when not beneath pavement. G. Unsuitable Material: Unsuitable soil materials are the following: 1. Materials that are classified as ML, CL-ML, MH, PT, OH, and OL according to ASTM D 2487. 2. Materials that cannot be compacted to required density due to either gradation, plasticity, or moisture content. 3. Materials that contain large clods, aggregates, stones greater than 4 inches in any dimension, debris, vegetation, waste or any other deleterious materials. 4. Materials that are contaminated with hydrocarbons or other chemical contaminants. H. Suitable Material: Suitable soil materials are those meeting specification requirements. Unsuitable soils meeting specification requirements for suitable soils after treatment with lime or cement are considered suitable, unless otherwise indicated. I. Backfill: Suitable material meeting specified quality requirements placed and compacted under controlled conditions. J. Ground Water Control Systems: Installations external to trench, such as well points or deep wells. Ground water control includes dewatering to lower ground water, intercepting seepage which would otherwise emerge from side or bottom of trench EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 1 excavation, and depressurization to prevent failure or heaving of excavation bottom. K. Surface Water Control: Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. L. Excavation Drainage: Removal of surface and seepage water in trench by sump pumping and using a drainage layer, as defined in ASTM D 2321, placed on the foundation beneath pipe bedding or thickened bedding layer of Class I material. M. Trench Conditions are defined with regard to the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. 1. Dry Stable Trench: Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. 2. Stable Trench with Seepage: Stable trench in which ground water seepage is controlled by excavation drainage. a. Stable Trench with Seepage in Clayey Soils: Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. b. Stable Wet Trench in Sandy Soils: Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. 3. Unstable Trench: Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving or loss of density. N. Subtrench: Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a subtrench depends upon trench stability and safety as determined by the CONTRACTOR. O. Trench Dam: A placement of low permeability material in pipe embedment zone or foundation to prohibit ground water flow along the trench. P. Over-Excavation and Backfill: Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Drawings, and backfilled with foundation backfill material. Q. Foundation Backfill Materials: Natural soil or manufactured aggregate of controlled gradation, and geotextile filter fabrics as required, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. Foundation backfill materials may include concrete seal slabs. R. Trench Safety Systems include both protective systems and shoring systems as defined in Section 01561 - Trench Safety Systems. EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 2 S. Trench Shield (Trench Box): A portable worker safety structure moved along the trench as work proceeds, used as a protective system and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. T. Shoring System: A structure that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movement of the ground affecting adjacent installations or improvements. U. Special Shoring: A shoring system meeting special shoring as specified in Paragraph 1.07, Special Shoring Design Requirements, for locations identified on the Drawings. 1.03 REFERENCES A. ASTM C 12 - Standard Practice for Installing Vitrified Clay Pipe Lines. B. ASTM D 558 - Test Methods for Moisture-Density Relations of Soil Cement Mixtures. C. ASTM D 698 - Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 5.5-lb (2.49-kg) Rammer and 12-in. (304.8-mm) Drop. D. ASTM D 1556 - Test Method for Density in Place by the Sand-Cone Method. E. ASTM D 2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity Flow Applications. F. ASTM D 2487 - Classification of Soils for Engineering Purposes. G. ASTM D 2922 - Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). H. ASTM D 3017 - Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). I. ASTM D 4318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. J. TxDOT Tex-101-E - Preparation of Soil and Flexible Base Materials for Testing. K. TxDOT Tex-110-E - Determination of Particle Size Analysis of Soils. L. Federal Regulations, 29 CFR Part 1926, Standards-Excavation, Occupational Safety and Health Administration (OSHA). 1.04 SCHEDULING A. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.05 SUBMITTALS A. Conform to Section 01300 - Submittals. B. Submit a written description for information only of the planned typical method of excavation, backfill placement and compaction, including: 1. Sequence of work and coordination of activities. 2. Selected trench widths. EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 3 3. Procedures for foundation and embedment placement, and compaction. 4. Procedure for use of trench boxes and other pre-manufactured systems while assuring specified compaction against undisturbed soil. 5. Procedure for installation of Special Shoring at locations identified on the Drawings. C. Submit a ground and surface water control plan if required. D. Submit backfill material sources and product quality information in accordance with requirements. E. Submit a trench excavation safety program in accordance with requirements of Section 01561 - Trench Safety System. Include designs for special shoring meeting the requirements defined in Paragraph 1.07, Special Shoring Design Requirements. F. Submit record of location of utilities as installed, referenced to survey control points. Include locations of utilities encountered or rerouted. Give stations, horizontal dimensions, elevations, inverts, and gradients. 1.06 TESTS A. Testing and analysis of backfill materials for soil classification and compaction during construction will be performed by an independent laboratory provided by the Owner. B. Perform backfill material source qualification testing in accordance with requirements of Section 02320 - Utility Backfill Materials for type of pipe being used. 1.07 SPECIAL SHORING DESIGN REQUIREMENTS A. Have special shoring designed or selected by the CONTRACTOR'S Professional Engineer to provide support for the sides of the excavations, including soils and hydrostatic ground water pressures as applicable, and to prevent ground movements affecting adjacent installations or improvements such as structures, pavements and utilities. Special shoring may be a pre-manufactured system selected by the CONTRACTOR’S Professional Engineer to meet the project site requirements based on the manufacturer’s standard design. PART 2 - PRODUCTS 2.01 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand-operated tamping equipment until a minimum cover of 12 inches is obtained over pipes, conduits, and ducts. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. C. Use trench shields or other protective systems or shoring systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. D. Use special shoring systems where required which may consist of braced sheeting, braced soldier piles and lagging, slide rail systems, or other systems meeting requirements as specified in Paragraph 1.07, Special Shoring Design Requirements. EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 4 2.02 MATERIAL CLASSIFICATIONS A. Embedment and Trench Zone Backfill Materials: Conform to classifications and product descriptions for particular pipe material. B. Concrete Backfill: Conform to requirements for 3000 psi concrete as specified in Section 03308 - Concrete Material & Proportioning. C. Concrete for Trench Dams: Concrete backfill or 3 sack premixed (bag) concrete. PART 3 - EXECUTION 3.01 STANDARD PRACTICE A. Install flexible pipe, including "semi-rigid" pipe, to conform to standard practice described in ASTM D 2321, and as described in this Section. Where an apparent conflict occurs between the standard practice and the requirements of this Section, this Section governs. B. Install rigid pipe to conform to standard practices described in ASTM C 12, and as described in this Section. Where an apparent conflict occurs between the standard practice and the requirements of this Section, the more stringent requirement will be applied. 3.02 PREPARATION A. Maintain barricades and warning lights for streets and intersections affected by the Work, and is considered hazardous to traffic movements. B. Perform work to conform to applicable safety standards and regulations. Employ a trench safety system as specified in Section 01561 - Trench Safety Systems. C. Immediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. Obtain approval from the OWNER and agency for any repairs or relocations, either temporary or permanent. D. Remove existing pavements and structures, including sidewalks and driveways, if applicable. E. Install and operate necessary dewatering and surface water control measures. F. Maintain permanent benchmarks, monumentation, and other reference points. Unless otherwise directed in writing, replace those which are damaged or destroyed. 3.03 PROTECTION A. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of grading limits and within the grading limits as designated on the Drawings, and in accordance with requirements of Section 01411 – Environmental Protection. B. Protect and support above-grade and below-grade utilities which are to remain. C. Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. D. Take measures to minimize erosion of trenches. Do not allow water to pond in trenches. EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 5 Where slides, washouts, settlements, or areas with loss of density, pavement failures or potholes occur, repair, recompact, and pave those areas at no additional cost to City. 3.04 EXCAVATION A. Except as otherwise specified or shown on the Drawings, install underground utilities in open cut trenches with vertical sides. B. Perform excavation work so that pipe, conduit, and ducts can be installed to depths and alignments shown on the Drawings. Avoid disturbing surrounding ground and existing facilities and improvements. C. Determine trench excavation widths using the following schedule as related to pipe outside diameter (O.D.). Maximum trench width shall be the minimum trench width plus 24 inches. Nominal Pipe Size, Inches Less than 18 18 to 30 Greater than 30 Minimum Trench Width, Inches O.D. + 18 O.D. + 24 O.D. + 36 D. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trench makes it uneconomical or impractical to pump from the surface elevation. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. E. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the OWNER and obtain instructions before proceeding. F. Shoring of Trench Walls. 1. Install Special Shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain laterally supported at all times. 2. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out from behind the trench wall support. 3. Unless otherwise directed by the OWNER, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers, walers, and braces in place as long as required to support sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. 4. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. As supports are moved, finish placing and compacting embedment. 5. If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. Maximum EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 6 thickness of removable sheeting extending into the embedment zone shall be the equivalent of a 1-inch-thick steel plate. Fill voids left on removal of supports with compacted backfill material. G. Use of Trench Shields. When a trench shield (trench box) is used as a worker safety device, the following requirements apply: 1. Make trench excavations of sufficient width to allow shield to be lifted or pulled freely, without damage to the trench sidewalls. 2. Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged nor disturbed, nor the degree of compaction reduced. 3. When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. For backfill above bedding, lift the shield as each layer of backfill is placed and spread. Place and compact backfill materials against undisturbed trench walls and foundation. 4. Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. 3.05 HANDLING EXCAVATED MATERIALS A. Use only excavated materials which are suitable as defined in this Section. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. B. When required, provide additional backfill material conforming to requirements of the particular pipe being installed. C. Do not place stockpiles of excess excavated materials on streets and adjacent properties. Protect excess stockpiles for use on site. Maintain site conditions clean and safe. 3.06 GROUND WATER CONTROL A. Implement ground and surface water control as required. Provide a stable trench to allow for proper installation. 3.07 TRENCH FOUNDATION A. Excavate bottom of trench to uniform grade to achieve stable trench conditions and satisfactory compaction of foundation or bedding materials. B. Place trench dams in Class I foundations in line segments longer than 100 feet between manholes, and not less than one in every 500 feet of pipe placed. Install additional dams as needed to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. 3.08 BEDDING, HAUNCHING, AND INITIAL BACKFILL - PLACEMENT AND COMPACTION A. Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B. Place embedment including bedding, haunching, and initial backfill as shown on Drawings. C. For pipe installation, manually spread embedment materials around the pipe to provide EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 7 uniform bearing and side support when compacted. Do not allow materials to free-fall from heights greater than 24 inches above top of pipe. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. D. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. E. Do not damage coatings or wrappings of pipes during backfilling and compacting operations. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. F. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. If necessary, hold small-diameter or lightweight pipe in place during compaction of haunch areas and placement beside the pipe with sand bags or other suitable means. G. Place electrical conduit, if used, directly on foundation without bedding. H. Shovel in-place and compact embedment material using pneumatic tampers in restricted areas, and vibratory-plate compactors or engine-powered jumping jacks in unrestricted areas. Compact each lift before proceeding with placement of next lift. Water tamping is not allowed. I. For sanitary sewer utility installation adhere to the following material. 1. Class I and II embedment. a. Maximum 6-inches compacted lift thickness. b. Compaction by methods determined by CONTRACTOR to achieve a minimum of 95 percent of the maximum dry density as determined according to ASTM D 698 for Class I and II materials. c. Moisture content Class I and II materials within 2 percent of optimum as determined according to ASTM D 698. 2. Cement stabilized sand. a. Maximum 6-inches compacted lift thickness. b. Compaction by methods determined by CONTRACTOR to achieve a minimum of 95 percent of the maximum dry density as determined according to ASTM D 558 for cement stabilized materials. c. Moisture content of cement stabilized sands on the dry side of optimum as determined according to ASTM D 558 but sufficient for effective hydration. 3. Flowable Fill a. Mixture of sand, Portland cement, fly ash and water to comply with the specification for American Concrete Institute (ACI) 229R-94 Code Controlled Low Strength Materials. 3.09 SECONDARY BACKFILL UNDER PLACEMENT AND COMPACTION PAVED AND UN-PAVED AREAS- A. Place backfill for pipe or conduits and restore surface as soon as practicable. Leave only the minimum length of trench open as necessary for construction. EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 8 B. Secondary backfill under paved areas (asphalt or concrete) shall be placed in lifts and compact by methods selected by the CONTRACTOR. Fully compact each lift before placement of the next lift. 1. “Bank Run Sand Backfill” a. Maximum 10-inches compacted lift thickness. b. Compaction by vibratory equipment to a minimum of 95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 2 percent of optimum determined according to ASTM D 698 2. “Cement-stabilized Sand Backfill” a. Maximum lift thickness determined by CONTRACTOR to achieve uniform placement and required compaction, but not exceeding 24 inches. b. Compaction by vibratory equipment to a minimum of 95 percent of the maximum dry density determined according to ASTM D 558. c. Moisture content on the dry side of optimum determined according to ASTM D 558 but sufficient for cement hydration. 3. “Select Backfill” a. Maximum 6-inches compacted thickness. b. Compaction by equipment providing tamping or kneading impact to a minimum of 95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 2 percent of optimum determined according to ASTM D 698. C. Secondary backfill under un-paved areas shall be placed in lifts and compact by methods selected by the CONTRACTOR. Fully compact each lift before placement of the next lift. A random backfill of suitable material may be used. 1. Random Backfill a. Maximum 10-inch compacted lift thickness for clayey soils and maximum 12inch lift thickness for granular soils. b. Compact to a minimum of 90 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 2 percent of optimum determined according to ASTM D 698. 2. Fat clays (CH) may be used as secondary backfill outside paved areas at the CONTRACTOR’S option. If the required density is not achieved, the CONTRACTOR, at his option and at no additional cost to the City, may use lime stabilization to achieve compaction requirements or use a different suitable material. a. Maximum 6-inch compacted lift thickness for clayey soils and maximum 12-inch lift thickness for granular soils. b. Compact to a minimum of 90 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content as necessary to achieve density. D. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. Cut off sheeting 1.5 feet or more above the crown of the pipe. Remove trench supports within 5 feet from the ground surface. E. For sewer pipes, use backfill materials described here as determined by trench limits. As EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 9 trench zone backfill in paved areas for streets and to one foot back of curbs and pavements, use cement stabilized sand for pipe of nominal sizes less than 36 inches. Uniformly backfill trenches partially within limits one foot from streets and curbs according to the paved area criteria. Use select backfill within one foot below pavement subgrade for rigid pavement. For asphalt concrete, use flexible base material within one foot below pavement subgrade. F. When shown on Drawings, a random backfill of suitable material may be used in trench zone for trench excavations outside pavements. G. For electric conduits, remove form work used for construction of conduits before placing trench zone backfill. 3.10 MANHOLES, JUNCTION BOXES, AND OTHER PIPELINE STRUCTURES A. Meet the requirements of adjoining utility installations for backfill of pipeline structures, as shown on the Drawings. 3.11 FIELD QUALITY CONTROL A. Test for material source qualifications as defined in the specifications. B. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction at no additional cost to Owner. C. Tests will be performed on a minimum of three different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. D. At least three tests for moisture-density relationships will be performed initially for backfill materials in accordance with ASTM D 698, and for cement- stabilized sand in accordance with ASTM D 558. Additional moisture-density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. E. In-place density tests of compacted pipe foundation, embedment and trench zone backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. 1. A minimum of one test for every 20 cubic yards of compacted embedment and for every 50 cubic yards of compacted trench zone backfill material. 2. A minimum of three density tests for each full shift of Work. 3. Density tests will be distributed among the placement areas. Placement areas are: foundation, bedding, haunching, initial backfill and trench zone. 4. The number of tests will be increased if inspection determines that soil type or moisture content are not uniform or if compacting effort is variable and not considered sufficient to attain uniform density, as specified. 5. Density tests may be performed at various depths below the fill surface by pit excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. 6. Two verification tests will be performed adjacent to in-place tests showing density less than the acceptance criteria. Placement will be rejected unless both verification EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 10 tests show acceptable results. 7. Recomputed placement will be retested at the same frequency as the first test series, including verification tests. F. Recondition, re-compact, and retest at CONTRACTOR'S expense if tests indicate Work does not meet specified compaction requirements. Core and test for compressive strength for hardened soil cement with nonconforming density, at CONTRACTOR'S expense. G. Acceptability of crushed rock compaction will be determined by inspection. 3.12 DISPOSAL OF EXCESS MATERIAL A. Properly dispose of excess materials in accordance with requirements of Section 01576. END OF SECTION EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 11 (THIS PAGE INTENTIONALLY LEFT BLANK) EXCAVATION AND BACKFILL FOR UTILITIES 02317 - 12 SECTION 02536 FRAMES, GRATES, RINGS, AND COVERS PART 1 G E N E R A L 1.1 A. B. 1.2 A. B. C. D. 1.3 A. B. C. SECTION INCLUDES Iron castings for manhole frames and covers, inlet frames and grates, catch basin frames and grates, meter vault frames and covers, adjustment rings, and extensions. Ring grates. REFERENCES AASHTO - American Association of State Highway and Transportation Officials Standard Specification for Highway Bridges. ASTM A 48 - Specification for Gray Iron Castings. ASTM A 615 - Standard Specification for Deformed Billet-Steel Bars for Concrete Reinforcement. AWS - D 12.1 Welding Reinforcing Steel. SUBMITTALS Submit product data in accordance with Section 01300 - Submittal Procedures. Submit copies of manufacturer's specifications, load tables, dimension diagrams, anchor details, and installation instructions. Submit shop drawings for fabrication and installation of casting assemblies that are not included in Drawings. Include plans, elevations, sections and connection details. Show anchorage and accessory items. Include setting drawings for location and installation of castings and anchorage devices. PART 2 P R O D U C T S 2.1 A. B. C. D. CASTINGS Castings for frames, grates, rings and covers shall conform to ASTM A 48, Class 30. Provide locking covers if indicated on Drawings. Castings shall be capable of withstanding the application of an AASHTO H-20 loading without permanent deformation. Fabricate castings to conform to the shapes, dimensions, and with wording or logos shown on the Drawings. Standard dimensions for manhole covers are 32 inches in diameter. Castings shall be clean, free from blowholes and other surface imperfections. Cast holes in covers shall be clean and symmetrical, free of plugs. Frames, Grates, Ring and Covers 02536 - 1 2.2 A. 2.3 A. B. 2.4 A. 2.5 A. B. BEARING SURFACES Machine bearing surfaces between covers or grates and their respective frames so that even bearing is provided for any position in which the casting may be seated in the frame. SPECIAL FRAMES AND COVERS Where indicated on the Drawings, provide watertight manhole frames and covers with a minimum of four bolts and a gasket designed to seal cover to frame. Supply watertight manhole covers and frames, Model R-1916H (32-inch cover diameter) manufactured by Neenah Foundry Company, Model V-2420 by Vulcan Foundry, or approval equal. Where shown on the Drawing, provide manhole frames and covers with 48-inchdiameter clear opening, with inner cover for 22-inch diameter clear opening. Provide inner cover with pattern shown on Drawings, Neenah Foundry, Model R-1741-F, Vulcan Foundry V-7, or approved equal. FINISH Unless otherwise specified, coat iron castings with the manufacturer’s standard asphaltic paint. FABRICATED RING GRATES Ring grates shall be fabricated from reinforcing steel conforming to ASTM A 615. Welds connecting the bars shall conform to AWS D 12.1. PART 3 E X E C U T I O N 3.1 A. B. C. INSTALLATION Install castings according to approved shop drawings, instructions given in related specifications, and applicable directions from the manufacturer's printed materials. Set castings accurately at required locations to proper alignment and elevation. Keep castings plumb, level, true, and free of rack. Measure location accurately from established lines and grades. Brace or anchor frames temporarily in formwork until permanently set. Ring grates shall be fabricated in accordance to the Engineer, Ring Grate for Open End of 18" to 72" Stubs to Ditch, and shall be set in mortar in the mouth of the pipe bell. END OF SECTION Frames, Grates, Ring and Covers 02536 - 2 SECTION 02537 SANITARY SEWER PIPE WORK PART 1 1.01 GENERAL DESCRIPTION Under this section is included the furnishing, laying, jointing and testing of all sewer pipe, including sewer pipe and sewer appurtenances, both in open cut and in tunnels, as shown on the drawings or as directed by the engineer. PART 2 2.01 PRODUCTS MATERIAL For all pipe, the Contractor shall familiarize himself with the TCEQ Chapter 217 Separation Distance Requirements and verify that all proposed work conforms to these regulations. The Contractor shall immediately notify BPUB and the Engineer once the Contractor discovers that field conditions cannot meet the TCEQ Chapter 217 Separation Distance Requirements. (A) Gravity Sewer Pipe 1. (B) Gravity sewer pipe may be of any of the following classifications. Any pipe found defective, not meeting the specifications, or improperly installed shall be rejected and so marked and shall be replaced by pipe approved by the engineer at no additional cost to PUB. a. Pipe and fittings shall be manufactured in conformance with the materials and methods described in ASTM Specification D-3034. Joint seals shall be compression type rubber gaskets in compliance with the requirements of ASTM Specification D-1869. b. Pipe and fittings shall be manufactured in conformance with the materials and methods described in ASTM Specification F-789 and UNI-B-10. Gaskets shall comply with the requirements of ASTM Specification F-477. Force Mains 1. Pressure sewer pipe will be the following classification. Any pipe found defective, not meeting the specifications, or improperly installed shall be rejected and so marked and shall be replaced by pipe approved by the engineer at no additional cost to PUB. Sanitary Sewer Pipe Work 02537 - 1 a. Polyvinyl chloride pipe for force mains shall conform to AWWA Standard "Polyvinyl Chloride (PVC) Pressure Pipe" C-900 - 750 Class 100 DR25 latest revision. Fittings for polyvinyl chloride (PVC) pipe shall be Ductile Iron Class 125 "Compact Fittings" short body, tar coated (not cement lined). Transition gaskets shall also be included, unless otherwise noted on the contract bid document or drawings. b. Polyvinyl chloride pipe for directional bored force mains shall conform to Fusible AWWA C-900 DR-25 PVC. (C) Watertight Joint Materials 1. (D) Pipe Jointing 1. (E) The contractor must exert every reasonable effort to secure a watertight joint and prevent infiltration of ground water into or exfiltration of sewage out of all pipe sewers and property service connections. To achieve this, joint material shall be made of the materials as specified herein, unless otherwise set forth in Special Provisions or Proposal. Any joint materials found to be defective or not meeting the specifications shall be rejected and replaced by approved joint materials at no additional cost to PUB. In laying the sewer pipe to line and grade, the pipe shall be jointed in accordance with one of the approved jointing methods. PUB reserves the right, before construction is in progress, to change the type of joints if it’s Engineer so directs. Polyvinyl Chloride Pipe (PVC) Jointing 1. The contractor shall make certain before jointing polyvinyl chloride pipe that the ring groove in the bell of the pipe is clean with no dirt or foreign material that could interfere with proper seating of the ring. Make sure pipe end is clean. Wipe with a clean dry cloth around the entire circumference from the end to one (1) inch beyond the reference mark. Lubricate the spigot end of the pipe, using only the lubricant supplied by the manufacturer. Be sure the entire circumference is covered. The coating shall be the equivalent of a brush coat of enamel paint. It can be applied by hand, cloth, pad, sponge, or glove. Do not lubricate the rubber ring or the ring groove in the bell because such lubricant could cause ring displacement. The level end is then inserted into the bell so that it is in contact with the ring. Brace the bell, while the level end is pushed in under the ring, so that previously completed joints in the line will not be closed up. The spigot end is pushed until the reference mark on the spigot end is flush with the end of the bell. If undue resistance to insertion of the level end is encountered or the reference mark does not reach the flush position, disassemble the joint and check the position of the ring. If it is twisted or pushed out of its seat, lean the ring, bell and level end and repeat the assembly steps. Sanitary Sewer Pipe Work 02537 - 2 2. (F) Water stop joints shall be Polyvinyl Chloride (PVC) or other similar approved joint materials. SERVICE CONNECTIONS 1. Property service connections shall be installed using Polyvinyl Chloride Pipe (PVC). The pipe type shall be specified in the service line detail shown in the design plans. The Contractor shall install all service lines in accordance with TCEQ separation distance and Southern Building Code requirements. Contractor shall notify the Inspector or Engineer prior to the installation of any service that is in question in regards to the TCEQ separation or Southern Building Code requirements. Where not approved street grade has been established, the depth of the connection shall be based on the assumed future street grade or on the present street or ground surface, as determined by the engineer. At times when pipe laying is not in process, the open ends of the pipe shall be closed by a watertight plug or other approved means. This provision shall apply during the noon hour as well as overnight. If water is in the trench, the seal shall remain in place until the trench is pumped completely dry. (G) CONCRETE SURFACE COATINGS 1. All interior manhole concrete surfaces shall be coated with 8mils of Raven 155 epoxy primer and 125 mils of Raven 405 – 100% solids, solvent-free ultra-high-build epoxy system manufactured by Raven Lining Systems, Broken Arrow, Oklahoma or approved equal. PART 3 3.1 EXECUTION CONSTRUCTION METHODS 1. After the trench is excavated to a subgrade as specified, it shall be filled to grade with a minimum 6-inch gravel layer. This material shall be mechanically tamped to a density minimum of 90%. This material shall provide a smooth and uniform pipe bed for the entire length of the sewer pipe barrel. Ditching and pipe laying shall be uniformly in a straight line and to uniform elevations unless otherwise specified on the plans. Pipe and fittings shall be carefully handled to avoid damage. Before placing pipe into the trench, the outside of the spigot and the inside of the bell shall be wiped clean and dry, free from oil and grease. Every precaution shall be taken to prevent foreign material from entering the pipe. During layout operation, no debris, tools, clothing or other material shall be placed into the pipe. After placing a length of pipe into the trench, the spigot end shall be centered in the bell, the pipe forced home, brought to the correct alignment and covered with an approved backfill material. When the pipe is installed, metallic tape shall be buried as directed by the PUB inspector, but no greater than 4' below the finished grade or less than 2' above the top of the pipe for location purposes. Sanitary Sewer Pipe Work 02537 - 3 2. Sewer Appurtenances - Appurtenances to the sewer shall be provided and laid in accordance with the drawings and in the manner as specified herein. Appurtenances in addition to those required by the drawings or the proposal, as approved or directed by the engineer, shall be paid for under the appropriate items of the proposal. 3. Branches and Fittings - Branches and fittings shall be provided and laid as and where directed. T-branches and Y-branches, placed in the sewer for property service connections, shall be located by the contractor, as directed by the engineer, at such points in the sewer so as to result in the property service connection having the shortest length possible between the sewer and property line or easement line, unless otherwise indicated on the drawing or directed by the engineer. 4. Stubs - Stubs for future sewer pipe shall be installed as indicated by the drawings. If the specified length of the stub is exceeded, there will be no additional cost to PUB unless the extra length is ordered by the engineer. Existing sewer pipe stubs shall be removed as required, but only when directed by the engineer. 5. Stacks - Stacks shall be constructed as and where directed. The height of the stack shall be as indicated on the drawings, set forth in the proposal, as determined by the engineer. The stack shall encased in-concrete in accordance with the Design Plans. 6. Drop Inlets - Drop inlets to the manhole shall be constructed as and where indicated by the drawings of either of the types shown on the Design Plans, as directed by the engineer. 7. Cleanouts - Cleanouts on all service laterals shall be installed at the location shown on the plans and in accordance with the Design Plans. 8. Manholes - Manholes shall be constructed as shown in Design Plans to the elevations shown on the plan-profile sheets, or as directed. The manholes specified shall be Fiberglass-Reinforced Polyester Manholes for use in sanitary sewer applications. They shall be a one-piece unit of one class, fabricated in a composite laminate. Walls shall be of uniform thickness and shall be free from thin spots and voids. Exterior surface shall be free of ridges and sharp protrusions and reinforcement. Interior surface shall also be smooth and free of ridges so as to facilitate self-cleaning. The exterior surface shall be covered with graded sand to facilitate bonding to the concrete base pad, cement stabilized sand backfill and cement grout used to seal around all incoming lines. The main line over which the manhole cut-out will be set shall be fitted with a seal ring as manufactured by Johns-Manville Manufacturing or equal (as per ASTM C-923 requirements). The manholes shall be Containment Solutions, Inc., Flowtite Fiberglass Manholes or approved equal that conforms to ASTM D. 3753-81, Standard Specifications for Fiberglass-Reinforced Polyester Manholes and all noted applicable documents. The manufacturer shall submit written certification that their product meets the Sanitary Sewer Pipe Work 02537 - 4 requirements of ASTM D. 3753-81 with test results of specified manholes included. 3.2 9. Concrete Coating - All concrete surfaces within the manhole shall be coated with 100% solids, solvent-free ultra-high-build epoxy coating system. Surfaces to be coated shall be cleaned by sandblasting or by water-blasting with 10% muriatic acid prior to coating. Coating system shall consist of 125 mils of Raven 405 epoxy coating, applied in accordance with manufacturer’s recommendations, alternative coating system approved in advance by BPUB Engineering Staff. 10. Stoppers and Bulkheads - Open ends of pipes and branches smaller than 15 inches in diameter shall be sealed with stoppers, plugs, or caps, cemented into place in an acceptable manner using a rubber gasket between the stopper and socket. All openings to the pipeline shall be satisfactorily protected from the entrance of earth, water or other material. If a temporary bulkhead is constructed to prevent sewage from backing into the trench excavation or to prevent foreign material from entering the sewer from the new sewer trench, the contractor shall be responsible for reconstructing, repairing, or replacing those portions of the existing sewers removed or damaged by his operations. Existing bulkheads shall be removed as indicated by the drawings or set forth in the proposal, but not until directed by the engineer. EXECUTION 1. Air Testing - This shall cover the testing of completed sections of installed sewer pipe using low air pressure. The contractor shall conduct low air pressure tests on completed sections of sewer mains. The air test results will be used to evaluate materials and construction methods on the pipe line sections, and successful air tests shall be mandatory for the acceptance of the lines. The Contractor shall furnish all labor and material required to complete all testing required by this specification. 2. Material for Air Testing - The following materials will be furnished by the contractor and utilized for air testing sewer mains: a. Compressor Air Supply: Any source which will provide at least three hundred (300) cubic feet per minute at one hundred (100) pounds per square inch. The compressor air supply shall be furnished by the contractor. b. Plugs, valves, pressure gauges, air hose, connections and other equipment necessary to conduct the air test shall be furnished by the contractor. The test equipment for air testing will consist of valves, plugs, and pressure gauges used to control the rate at which air flows to the test section and to monitor the air pressure inside the plugs. Test equipment shall be assembled as follows: 1. hose connection Sanitary Sewer Pipe Work 02537 - 5 2. 3. 4. 5. 6. shut off valve throttle valve pressure reduction valve gauge cock monitoring pressure gauge 3. Test Procedures - The following procedures will be utilized for air testing sewer mains: a. Determine section of line to be tested. b. Apply air pressure until the pressure inside the pipe reaches 4 psig. c. Allow the pressure inside the pipe to stabilize, then bleed back to 3.5 psig. d. At 3.5 psig, the time, temperature and pressure will be observed and recorded. A minimum of five (5) readings will be required for each test. If the time in seconds for the air pressure to decrease from 3.5 psig to 2.5 psig is greater than that shown in the following table, the pipe shall be presumed to be free from defect. When these rates are exceeded, pipe breakage, joint leakage, or leaking plugs are indicated and an inspection must be made to determine the cause. The contractor shall effect such repairs as may be required to accomplish a successful air test. Table 1 Minimum Test Time for Various Pipe Sizes Nominal Pipe Size, in. T(time) min/100 ft. Nominal Pipe Size, in. T(time) min/100 ft. 3 0.2 21 3.0 4 0.3 24 3.6 6 0.7 27 4.2 8 1.2 30 4.8 10 1.5 33 5.4 12 1.8 36 6.0 15 2.1 39 6.6 18 2.4 42 7.3 Sanitary Sewer Pipe Work 02537 - 6 4. 5. Leakage Test - A leakage test may be requested by the engineer at any time to determine whether or not there is excessive infiltration and to assure that the sewer section is substantially watertight. The engineer may order the contractor to make leakage tests of as many sections as may be necessary to determine whether the work complies with the criteria for the rate of leakage. A section shall consist of a reach from one manhole to the next manhole provided the manholes are at least 300 feet apart and preferably 400 feet. Leakage tests shall be conducted, and measurements made, for a minimum of one hour. The tests may be conducted over a longer period of time with no reduction in the rate of leakage. a. Leakage into Sewer - Leakage into the sewer including manholes, shall not exceed a rate of 50 gallons per 24 hours per inch diameter per mile of sewer. There shall be no gushing or spurting streams entering the sewer or manhole and where encountered they shall be repaired regardless of the rate of infiltration at no additional cost to PUB. Where practicable, the tests for leakage into the sewers shall be made at a time when the groundwater level is at a maximum, but it must be at least one foot above the top of the pipe of the highest elevation in the section being tested. b. Leakage out of Sewer - Where the ground water level is less than one foot above the top of-the pipe and where conditions will permit, the sewers shall be subjected to an internal pressure by plugging the pipe at both ends and then filling the sewer and manholes with clean water to a height above the top of the pipe sufficient to obtain satisfactory measurements to determine the rate of leakage. The rate of leakage from the sewers may be determined by either the amount of subsidence in the water surface level of the amount of water required to maintain the original water surface level above the top of the pipe. Leakage from the sewers under test shall not exceed the requirement of leakage into sewers as specified in Section 6.f, except that an allowance of an additional 10 percent of gallonage shall be permitted for each additional 2 feet of head over a basic 2 foot minimum internal head. c. Requirements of the Contractor - The contractor shall construct such weirs or other means of measurements as may be required, shall furnish water and shall do all necessary pumping to enable the tests to be properly made. When a leakage test fails, the contractor shall do such other work as may be necessary until the rate of leakage meets the above requirements, as determined by additional leakage tests. Deflection Testing for Gravity PVC Sewer Lines a. No sooner than 30 days, nor later than 12 months after the pipe has been installed and backfilling has been completed, tests for deflection will be made. A deflection of more than 5 percent of the inside diameter of the pipe shall be cause for rejection, and the line will be removed and replaced Sanitary Sewer Pipe Work 02537 - 7 at the contractor's expense. A GO NO-GO Deflection Testing Mandrel, to be furnished by the contractor, and certified by the engineer, shall be used. The testing shall consist of the following: 1. Completely flush the line, if required, making sure the pipe is clean of any mud or debris that would hinder the passage of the mandrel. 2. During the final flushing of the line, attach a floating block or ball to the end of the mandrel pull rope and float the rope through the line. 3. After the rope is threaded through the line, connect the pull rope to the mandrel and place the mandrel in the entrance of the rope. 4. Connect a retrieval rope to the back of the mandrel to pull it back if necessary. 5. Remove all slack in the pull rope and place a tape marker on the rope at the ends of the pipe where the mandrel will exit, determining the location of the mandrel in the line. 6. Using manhole guide pulleys, draw mandrel through the sewer line, if any irregularity of pipe deformation exceeding the allowable 5 percent is encountered in the line, the line shall be uncovered at the point. 7. If an obstructed or over-deflected section is found, locate it; dig down and uncover pipe; inspect the pipe; if any damaged pipe is found, replace it. If pipe is not damaged, re-round the pipe, replace and thoroughly tamp the embedment and initial backfill; replace remainder of backfill. 8. Re-test this entire section for deflection. 9. Any pipe removed shall be replaced by use of gasket repair couplings. Each and every deflection test shall be conducted in the presence of the owner's or engineer's representative. b. 6. The Contractor shall furnish all labor and material required to clean and flush and complete all testing required by this specification. The owner, at their discretion, may televise the sewer lines. Televising equipment will be furnished by the owner. The contractor shall furnish labor to assist PUB inspectors to operate televising equipment. Labor shall consist of a minimum of 2 persons. Televising work will normally be performed during other than normal working hours, including Saturdays and after 5 PM on weekdays. If there is insufficient roadways within the project area, the contractor will furnish the equipment necessary to gain full access to the site. Force Main Hydrostatic Testing a. After the pipe and appurtenance have been installed, test line and drain. Prevent damage to the Work or adjacent areas. Use clean water to perform tests. b. The Utility Owner may direct tests of relatively short sections of completed Sanitary Sewer Pipe Work 02537 - 8 lines to minimize traffic problems or potential public hazards. c. Test pipe in the presence of the Utility Owner. d. Test pipe at 150 psig or 1.5 times design pressure of the pipe, whichever is greater. Design pressure of the force main shall be the rated total dynamic head of the lift station pump. e. Test pipe at the required pressure for a minimum of 2 hours according to requirements of Uni-B-3. f. Maximum allowable leakage shall be as calculated by the following formula: L = (S) (D) (P0.5) / 133,200 L = Leakage in gallons per hour S = Length of pipe in feet D = Inside pipe diameter in inches P = Pressure in pounds per square inch (psi) 7. g. Correct defects, cracks, or leakage by replacement of defective items or by repairs as approved by the Utility Owner. h. Plug openings in the force main after testing and flushing. Use cast iron plugs or blind flanges to prevent debris from entering the tested pipeline. Pigging Test 1. 2. 3. After completion of hydrostatic testing and prior to final acceptance, test force mains longer than 200 feet by pigging to ensure piping is free of obstructions. Pigs: Provide proving pigs manufactured of an open-cell polyurethane foam body, without any coating or abrasives which would scratch or otherwise damage interior pipe wall surface or lining. Pigs shall be able to pass through reductions of up to 65 percent of the nominal cross-sectional area of the pipe. Pigs shall be able to pass through standard fittings such as 45-degree and 90-degree elbows, crosses, tees, wyes, gate valves, or plug valves, as applicable to the force main being tested. Test Execution: Pigging test shall be conducted in the presence of the Utility Owner. Provide at least 48-hour notice of scheduled pigging of the force main prior to commencing the test. END OF SECTION Sanitary Sewer Pipe Work 02537 - 9 (THIS PAGE INTENTIONALLY LEFT BLANK) Sanitary Sewer Pipe Work 02537 - 10 SECTION 02550 ADJUSTING MANHOLES, INLETS, AND VALVE BOXES TO GRADE PART 1 G E N E R A L 1.1 SECTION INCLUDES A. 1.2 Adjusting elevation of manholes, inlets, and valve boxes to new grades. REFERENCE A. ASTM C 270 - Specification for Mortar for Unit Masonry. PART 2 P R O D U C T S 2.1 CONCRETE MATERIALS A. B. 2.2 For cast in place concrete, conform to requirements to Section 03315 - Concrete for Utility Construction. For mortar mix, conform to requirements of ASTM C 270, Type S, using Portland cement. CAST-IRON ADJUSTING RINGS A. For cast-iron adjusting rings, refer to Section 02536 - Frames, Grates, Rings, and Covers. PART 3 E X E C U T I O N 3.1 EXAMINATION A. 3.2 Examine existing structure, valve box, frame and cover or inlet box, frame and cover or inlet, and piping and connections for damage or defects that would affect adjustment to grade. Report such damage or defects to the Engineer. ESTABLISHING GRADE A. 3.3 Coordinate grade related items with existing grade and finished grade or paving, and relate to established bench mark or reference line. ADJUSTING MANHOLES AND INLETS A. Elevation of manhole or inlet can be raised using plastic or precast concrete rings, metal adjusting rings, use of brick for adjustment of sanitary sewer manhole to grade is prohibited. Elevation of manhole or inlet can be lowered by removing masonry, ADJUSTING MANHOLES, INLETS, AND VALVE BOXES TO GRADE Section 02050 - 1 B. C. D. E. F. 3.4 A. B. C. D. 3.5 A. B. C. adjusting rings or the top section of the barrel below the new elevation and then rebuilding or raising the elevation to the proper height. Salvage and reuse cast-iron frame and cover or grate. Protect or block off manhole or inlet bottom using wood forms shaped to fit so that no debris or soil falls to the bottom during adjustment. Install a cast-in-place slab at the top of the manhole barrel to receive the cast-iron frame and cover. Form concrete slabs to the thickness specified in the design plans but no less than 6 inches. Set the cast-iron frame for the manhole cover or grate in a full mortar bed and adjust to the established elevation. In streets, adjust covers to be flush with pavement. Verify that manholes and inlets are free of visible leaks as a result of reconstruction. Repair leaks in a manner subject to Owner's approval. ADJUSTING VALVE BOXES Salvage and reuse valve box and surrounding concrete block. Remove and replace 6-inch ductile iron riser pipe with suitable length for depth of cover required to establish the adjusted elevation to accommodate actual finish grade. Reinstall valve box and riser piping plumbed in vertical position. Provide minimum 6 inches telescoping freeboard space between riser pipe top butt end and interior contact flange of valve box for vertical movement damping. After valve box has been set, aligned, and adjusted so that top lid is level with final grade, pour 24-inch by 24-inch by 6-inch-thick concrete pad around valve box. Center valve box horizontally within concrete slab. BACKFILL AND GRADING Backfill the area of excavation surrounding each adjusted manhole, inlet, and valve box and compact according to requirements of Section 02317 - Excavation and Backfill for Utilities. Grade the ground surface to drain away from each manhole and valve box. Place earth fill around manholes to the level of the upper rim of the manhole frame. Place earth fill around the valve box concrete slab. In unpaved areas, grade surface at a uniform slope of 1 to 5 from the manhole frame to natural grade. Provide a minimum of 4 inches of topsoil. END OF SECTION ADJUSTING MANHOLES, INLETS, AND VALVE BOXES TO GRADE Section 02050 - 2 SECTION 02687 TESTING OF INSTALLED PIPING SYSTEMS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Furnish all labor, materials, tools, and equipment, and perform all operations in connection with testing of installed piping systems and appurtenances. B. PLANS show pipe sizes, arrangements, working pressures, and test pressures. When PLANS lack such information, minimum test pressures specified in Attachment "B" herein to be used. C. Related Work: Piping materials and installation requirement as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS Sections. 1.02 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in Contract price bid for work of which this is a component part. Above Ground PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 GENERAL A. All testing to be conducted in the presence of ENGINEER and/or local reviewing authority. A minimum of 24 hours notice is required prior to commencing tests. Length of piping and sections included in tests to meet with approval of ENGINEER. B. Water for Testing 1. Except for potable water lines, non-potable water may be used for testing. 2. CONTRACTOR is responsible for conveying and ultimate disposal of water used for testing. 3. If potable water is used for testing CONTRACTOR is responsible for metering. 4. Reference the General Conditions for the disposition of costs associated with the purchase of potable water or non-potable water. 5. All costs associated with re-testing to be borne by CONTRACTOR. C. Furnish all taps, fittings, blind flanges, bulkheads, bracing systems, plugs, and other devices for use in filling, flushing, and testing. D. Piping installed behind walls, under pavement, or under structures to be tested prior to construction of same. TESTING OF INSTALLED PIPING SYSTEMS 02687 - 1 E. Thrust Blocks: No testing is to be performed until the installation of all thrust blocking has been completed and given sufficient time to cure. Testing is not to begin until a minimum of 36 hours has elapsed since the last thrust block has been poured when utilizing high, early strength concrete for thrust blocking. A minimum of 7 days of thrust block curing is required when utilizing standard concrete. F. Pipes to be free of dirt, sand, gravel, or other foreign material prior to testing. G. Protect all valves and appurtenances, in or attached to piping system, from damage due to testing procedures. Any damage resulting from testing procedures to be repaired, and all costs to be borne by CONTRACTOR. H. When testing absorbent pipe materials, such as concrete, fill the system with water and allow to stand for 24 hours prior to conducting test. Air testing is not to be used with these materials. I. All fittings, hydrants, and appurtenances to be properly braced and harnessed before the testing commences. Thrust restraining devices which are part of the piping system to be tested at the test pressure. J. Plug pipe outlets with test plugs, blind flanges or bulkheads. Brace valves, fittings, and plugs securely to prevent blowouts. K. Furnish adequate venting facilities in system to allow air to escape when filling system for hydrostatic testing. L. Pressurizing equipment to include a regulator set to avoid over-pressurization of test lines. M. M. CONTRACTOR is solely responsible for implementing and adhering to recognized safety procedures to prevent injury to personnel and/or damage to property. N. For underground lines, backfill to a sufficient depth of cover prior to testing to prevent shifting of the pipe due to pressure. O. CONTRACTOR to determine groundwater level by installing groundwater gauges in manholes prior to conducting low pressure air tests or testing underground pipes for infiltration and/or exfiltration. Gauges to consist of a rigid section of minimum 1/2-inch diameter pipe, capped and inserted horizontally in manhole wall as near as possible to top of sewer, sealed so as to be watertight. Immediately prior to performance of test, groundwater back pressure to be determined by removing pipe cap, blowing air through pipe into ground to clean pipe, then connecting a clear plastic tube to pipe. Clear plastic tube to be held vertically and measurement of height (in feet) of water over invert of pipe to be taken after water has stopped rising. Upon completion of air test, remove groundwater gauge from wall of manhole and permanently close opening with a nonshrinking, noncorrosive grout. P. Test pressure is not to exceed rated pressure of valves installed in line. 3.02 HYDROSTATIC TESTING A. Test Pressure: Unless otherwise specified in the test schedule herein or the piping schedule on the PLANS, the following pressure restrictions to apply: 1. Test Pressure a. 150% of the working pressure at the point of testing; or TESTING OF INSTALLED PIPING SYSTEMS 02687 - 2 b. 125% of the working pressure at the highest point along the test section. c. In the event of a conflict between a. and b. above, the greater value is to apply. 2. For surcharged piping systems, working pressure is defined as the difference in elevation between the lowest point in they piping system and the maximum water surface elevation in the hydraulic structure immediately upstream of the piping system. 3. Test pressure is not to vary by more than plus or minus 5 psi. B. Duration of Pressure Test: Exposed joints to be tested for not less than 2 hours with no allowable leakage. Covered joints to be tested for a minimum of 6 hours. If leakage at the end of the 6-hour period exceeds the allowable by less than 25%, test to continue for not less than 18 additional hours. For test durations greater than 2 hours, furnish a calibrated pressure recorder to record pressure during test. Reference Paragraph 3.07 for allowable leakage. C. Pressurization: Each valved section of pipe to be filled with water slowly and the specified test pressure, based on the elevation of the highest point of the line or section under test and corrected to the elevation of the test gauge, to be applied by means of a pump connected to the pipe. Furnish pump, pipe connections, and necessary apparatus, gauge, volumetric measuring device and meters. Furnish necessary labor and assistance for conducting test, all subject to approval by ENGINEER. D. Air Removal: Before applying the specified test pressure, air to be expelled completely from the pipe, valves, and hydrants. If permanent air vents are not located at all high points, CONTRACTOR to install corporation cocks at such points so that the air can be expelled as the line is filled with water. After all the air has been expelled, the corporation cocks to be closed and the test pressure applied. At the conclusion of the pressure test, the corporation cocks to be removed and plugged, or left in place at the discretion of the OWNER. E. Examination: All exposed pipe, fittings, valves, hydrants, and joints to be examined carefully during the test. Any damage or defective pipe, fittings, valves, or hydrants that are discovered following the pressure test to be repaired or replaced with sound material and the test repeated until the leakage is within the specified allowance. 3.03 LOW PRESSURE AIR TEST A. Equipment: Equipment used to meet following minimum requirements. 1. Pneumatic plugs to have a sealing length equal to or greater than diameter of pipe tested. 2. Pneumatic plugs to resist internal test pressures without requiring external bracing or blocking. 3. One of the pneumatic plugs to have inlet tap or other provision for connecting air supply to introduce low pressure air into the line for testing. 4. All air used shall pass through a single control panel: a. From control panel to pneumatic plugs for inflation. b. From control panel to a sealed line for introducing low pressure air. c. From sealed line to control panel for continuous monitoring of air pressure in sealed line. TESTING OF INSTALLED PIPING SYSTEMS 02687 - 3 5. Air supply system to have necessary valves and gauges to control rate at which air enters test section and for reading test results. 6. Pressure gauges to have minimum graduations of 0.1 psi, an accuracy of plus or minus 0.04 psi, and a minimum dial diameter of 3 ½ inches. B. Procedure 1. Isolate test section by installing air-tight plugs. Plug ends of branches, laterals, and wyes which are to be included in test section. Brace all plugs to prevent slippage and blow-out. 2. CONTRACTOR to carefully observe safety precautions during air testing to prevent injury to personnel from plugs blowing out. No one allowed in manholes during test. 3. Inflate pneumatic plugs to 25 psig. 4. Slowly introduce low pressure air into sealed line until pressure reaches test pressure plus 0.5 psig. a. a. Test pressure to be 3.5 psig. b. b. The maximum pressure allowed under any condition in air testing to be 10 psig. The maximum groundwater level for air testing is 13 feet above top of pipe. 5. Allow a minimum of 2 minutes for temperature and pressure of the air to stabilize. Add air as required to maintain internal pressure specified plus or minus 0.5 psig. 6. When internal air pressure has stabilized and is at or above test pressure, disconnect air supply and commence test. Utilizing a stopwatch, record period of time required for pressure to drop 1.0 psig from starting pressure. Following table lists minimum test times for various pipe sizes. If time for pressure to decrease 1.0 psig is less than value in table, then system has failed. MINIMUM TEST TIME PIPE SIZE MINUTES 6” 2 8” 3 10” 4 12” 5 15” 7 18” 8 21” 9 24” 11 27” 12 30” 14 36” 17 42” 19 48” 22 54” 25 60” 27 For other sizes, consult with ENGINEER. SECONDS 50 56 43 40 5 30 55 20 45 10 0 50 36 16 47 TESTING OF INSTALLED PIPING SYSTEMS 02687 - 4 7. Test may be discontinued when prescribed minimum test time has been reached, even though 1.0 psig pressure drop has not occurred. 8. Release air from pipe slowly and remove plugs at conclusion of test. 3.04 HIGH PRESSURE AIR TESTING A. Purge line to be tested with water or high velocity air as appropriate to system being tested. B. Unless otherwise specified, perform two-hour pressure test at 150 psig using dry, oil free air. Unless otherwise specified, no leaks will be allowed. C. Test joints with soapy water solution for leaks. 3.05 EXFILTRATION TESTING A. General: Take precautions required to prevent damage to lines and appurtenances being tested. Repair any damage resulting from test at CONTRACTOR's expense. Conduct test in presence of ENGINEER. B. Preparation: Seal ends of section being tested with water-tight plugs. Fill section with water 24 hours prior to start of test. Vent line during filling so that no air is trapped in line. Leave outlets of stacks, inlets, and service lines exposed and unplugged until after exfiltration test has been made. Outlets terminating below level of test water surface to be temporarily extended upward by installing additional lengths of pipe or by plugging. After completion of satisfactory test, remove lengths of pipe added for test. C. Duration of Test: Test for at least 2 hours with minimum head of 4 feet measured above top crown, inside pipe at upper end of section being tested. D. Allowable Leakage: Allowable leakage or exfiltration in any individual section or entire sewer line under construction is defined in Paragraph 3.07. Remove and replace or make approved corrective repairs to any section or line which has leakage or exfiltration that exceeds above amount. Repair any individual leaks that may appear whether or not overall section meets leakage requirements. For this purpose, any steady stream will be considered a leak, while a drip will not. Individual leaks ordinarily will be revealed by looking through sewer with a light while groundwater level is over sewer, during backfill operations, or immediately after water from exfiltration tests is emptied from sewer line. Settlement in backfill during exfiltration tests will be taken and an indication of leakage. E. Measurement of Leakage: Measure leakage or exfiltration during test period by adding measured quantities of water to maintain water level in test structure. Quantity of water added to maintain water level is amount of leakage or exfiltration. F. Retest: Sewers failing to meet requirements of leakage test to be tested again for leakage after repair by CONTRACTOR. No sewer will be accepted until leakage is less than allowable. TESTING OF INSTALLED PIPING SYSTEMS 02687 - 5 3.06 INFILTRATION TESTING A. General: Infiltration tests will be allowed only when the water table gauges determine the groundwater level to be 2 feet or more above the highest point of the pipeline section being tested. CONTRACTOR to furnish all equipment required for testing. Take precautions to prevent damage to lines and appurtenances being tested. Repair any damage resulting from test at CONTRACTOR's expense. Conduct test in presence of ENGINEER. B. Preparation: Seal all service laterals, stubs, fittings, and all appurtenances of the upstream end of section being tested with watertight plug(s). Install approved 90-degree, V-notch weir in lower manhole of section to be tested. Weir to be of sufficient size to accommodate flow. Install weir with watertight bulkhead to avoid leakage around bulkhead and weir. Notch of weir to be below centerline of line to be tested and be in the upstream end of manhole or joint of pipe. Pump water from downstream of weir so that water will have a free fall over weir at all times. C. Duration of Test: Test for 4 hours after downstream sewer is pumped down. Take measurements of head on weir at 3D-minute intervals. Volume of infiltration to be calculated by use of standard V-notch weir tables for rate of flow and time of tests. D. Allowable Leakage: Allowable leakage or infiltration in any individual section or entire sewer line under construction is defined in Paragraph 3.07. Remove and replace or make approved corrective repairs to any section or line which has leakage or infiltration that exceeds above amount. Repair any individual leaks that may appear whether or not overall section meets leakage requirements. For this purpose, any steady stream will be considered a leak, while a drip will not. Individual leaks ordinarily will be revealed by looking through sewer with a light while groundwater level is over sewer, during water tamping operations. E. Retest: Sewers failing to meet requirements of leakage test will, after repair by CONTRACTOR, be tested again for leakage. No sewer accepted until leakage is less than allowable. 3.07 ALLOWABLE LEAKAGE FOR NONPRESSURE PIPELINES A. The allowable leakage (exfiltration or infiltration) for non-pressure pipelines is not to exceed the following: TYPE OF PIPE LEAKAGE (GALLONS PER 24 HOURS PER INCH OF DIAMTER PER 1,000 FEET OF PIPE Ductile iron-mechanical or push-on joints 10 Polyvinyl chloride, thermal plastic or 10 fiberglass with solvent-cemented joints, or centrifugally cast fiberglass pipe and fittings TESTING OF INSTALLED PIPING SYSTEMS 02687 - 6 Concrete with rubber joints 20 Concrete with steel and rubber joints 10 Clay with rubber gasket joints 20 Cast iron soil pipe: 1. Drains and Vents 0 2. Sewer Laterals * All piping inside structures 0 * The same allowable as pipe to which it is connected. B. Regardless of the above allowable leakage, any visible leaks detected to be permanently stopped. 3.08 PIPELINE SETTLEMENT TESTING A. TV Inspection 1. During infiltration test or after exfiltration test, pipe to be TV inspected for possible settlement. When air testing has been used, run water through pipe to permit meaningful observations. Any pipe settlement which causes ponding of water in pipe is an indication of system failure. 2. TV inspection required on all sanitary sewers greater than 30 inches in diameter and all sewers installed with curved alignment. B. Mandrel Testing: All plastic piping materials used for gravity sewers to be subjected to a 95% mandrel test. Mandrel testing to be completed no sooner than four weeks after backfilling has been completed. A Go-No-Go deflection testing mandrel with a minimum of eight runners to be used for testing. Mandrel to be furnished with proving ring. Dimensions of the mandrel for SDR-35 PVC, to be as shown in Attachment "A" to this Section. For other wall thicknesses, consult ENGINEER. Testing to be as follows: 1. Completely flush line and clean pipe of debris. 2. Install pull rope in section to be tested. 3. Attach pull rope and retrieval rope to mandrel. 4. Insert mandrel in pipe. Remove slack from pull rope and place tape marker on rope at end of pipe where mandrel will exit. Tape marker to be used to determine mandrel location in line. 5. Using guide pulleys, pull mandrel through line. Use tape marker to determine location of over-deflected sections. 6. All pipe sections failing to pass the mandrel to be removed and reinstalled. 7. Repeat testing until system passes. 3.09 LEAKAGE TESTING FOR PRESSURE PIPELINES A. Leakage test to be conducted concurrently with hydrostatic pressure tests. TESTING OF INSTALLED PIPING SYSTEMS 02687 - 7 B. Leakage Defined: Leakage is defined as the quantity of water that must be supplied into pipe, or any valved section thereof, to maintain pressure within specified test pressure after air in pipeline has been expelled and pipe has been filled with water and brought to test pressure. C. Determine rate of leakage at 15-minute intervals by means of volumetric measurement of makeup water added to maintain test pressure. The test to proceed until the rate of leakage has stabilized or is decreasing below an allowable value, for 3 consecutive 15-minute intervals. After this, test pressure to be maintained for at least another 15 minutes. D. The allowable leakage for pressure pipelines including surcharged gravity lines not to exceed the following in gallons per 24 hours per inch of diameter per mile of pipe: TYPE OF PIPE LEAKAGE (GALLONS PER 24 HOURS PER INCH OF DIAMTER PER MILE OF PIPE Ductile iron 10 Polyvinyl chloride, thermal plastic or 10 fiberglass with rubber joints Polyvinyl chloride, thermal plastic or 0 fiberglass with solvent-cemented joints, or centrifugally cast fiberglass pipe and fittings Concrete with steel and rubber joints 10 Steel with welded joints 0 Steel with harnessed joints 10 Wrought steel 0 Copper 0 All piping inside structures 0 E. Regardless of the above allowable leakage, any visible leaks detected to be permanently stopped. 3.10 TESTING OF PLUMBING SYSTEMS A. Potable Water Lines: Hydrostatically test at 100 psig; maintain pressure for one hour; no leaks allowed. TESTING OF INSTALLED PIPING SYSTEMS 02687 - 8 B. Test vertical soil and waste vents as soon as set. Plug outlets, fill to top of vertical lines, and hold for 24 hours. Make final test after roughing in is complete and before connecting sewer. C. Perform smoke test on drain, waste and vent (DWV) lines in accordance with the following: 1. Perform smoke test on DWV lines after all fixtures have been permanently connected and all traps filled with water. 2. Close all windows and doors in the building and turn HVAC system off for the duration of the smoke test. 3. One or more smoke machines to be connected to main building clean out or other suitable connection. Smoke machines to produce a thick penetrating smoke. Smoke produced by chemical mixtures are not acceptable. 4. Add smoke to the system until smoke is visible at vent stacks. Plug vent stacks and continue to add smoke until a pressure of 1-inch water column is produced. Maintain pressure for a minimum of 15 minutes. 5. Visually inspect each connection and fixture for smoke. Any odor or sign of smoke is indication of system failure. 6. Repair all leaks and retest. 3.11 SPECIAL TESTING PROCEDURES A. Chlorine Gas Piping Systems 1. Clean all portions of the chlorine gas system with a chlorinated solvent such as trichloroethylene. Hydrocarbons or alcohols are not allowed. Cleaning may be accomplished by pulling a cloth saturated with solvent through each length of pipe. 2. Hydrostatically test the system at 300 psig for two hours. 3. Drying: Chlorine gas lines are to be dried prior to introducing gas into the system. Drying to be accomplished by passing steam through the line until all lines are thoroughly heated. While steaming, allow condensate and foreign matter to drain out. Disconnect the steam supply and drain all low spots. While the line is still warm dry air (air with a dew point of -40°F or less) is to be blown through the line until dry. Air drying may take several hours. 4. Gas Testing: After the system is dry, pressurize the system to 150 psig with dry air (40°F) or nitrogen and test for leaks at joints using soapy water. After testing all joints hold pressure for 30 minutes. 5. Introduce chlorine gas gradually into system and test for leaks at all joints using ammonia water solution. B. LPG or Natural Gas Piping Systems 1. After piping installation is complete, but before installation of gas cocks, test the piping system with LP-gas or air at a pressure of 15 psig for 30 minutes. The source of pressure is to be disconnected from the system and there is to be no loss of pressure on the gauge during the test period. 2. After installation of gas cocks, test the system again with air or LP-gas at 5 psig for 15 minutes. Gas source is to be disconnected and no loss of pressure allowed. TESTING OF INSTALLED PIPING SYSTEMS 02687 - 9 3. If appliances are installed at the same time as the piping system, a final pressure test (including appliance valves) is to be made. The system is to be tested at not more than 14" water column and not less than 10" water column for a period of 15 minutes without a drop in pressure. 4. During testing, the piping system is to remain at a constant temperature so that a rise in temperature with a resultant rise in pressure does not mask small leaks. C. Air Piping Systems 1. Depending on the size of the piping, the system is to be hydrostatically tested or tested with high pressure air. In general, all piping larger than 2" in size is to be hydrostatically tested. Piping 2" and smaller may be hydrostatically tested or high pressure air tested (CONTRACTOR's Option). 2. High pressure air systems (systems with a working pressure greater than 15 psig) are to receive a 24-hour stand pressure time test. Test pressure to be 150% of system working pressure, but not less than 150 psig. System to hold pressure for 24-hours with a loss of no greater than 5 psig. 3. Low pressure air systems (systems with a working pressure less than 15 psig) are to receive a 2-hour stand pressure time test at 25 psig. No pressure loss allowed. D. Vacuum Piping: Test and purge system in accordance with NFPA 56F. E. Oil and Fuel Lines: Purge lines and hydrostatically or high pressure air test (depending on pipe size) at the specified pressure. No leaks will be allowed. After testing is completed, purge lines with nitrogen or carbon dioxide before admitting product. 3.12 TESTING PROCEDURES AT INTERFACES WITH EXISTING PIPING OR BOUNDARIES A. New Piping That Connects to Existing Piping 1. Complete piping up to final closure between existing and new piping. 2. Test new piping per applicable paragraph of this Specification by installing a closure piece to isolate the new section. Test pressure as specified or noted. 3. Complete connection to existing piping. If underground, leave joint exposed. 4. Test piping again, per applicable paragraph of this Specification, to verify the integrity of the completed joint. a. Isolate existing piping by installing test plugs or closing valves if they exist. Only isolate piping necessary to verify joint integrity. Test pressure at the interface between new and existing piping to be 110% of the working pressure at the interface. Hold test pressure for one hour. If pressure test fails, maintain pressure at the joint by adding water to the system and visually inspect joint for leaks. If no leaks are visible at the interface, no further testing is required. If leaks are visible, repair and retest. b. Only when noted on PLANS or specified elsewhere, place piping in service and visually inspect joint(s). If no leaks are visible at the interface, no further testing is required. If leaks are visible, repair and retest. 5. Coordination with plant operations is required for removing line from service, closing valves and shutdowns. B. Pipe Testing at the Boundary between Two Construction Contracts 1. If Connecting Pipe Has Not Been Installed: TESTING OF INSTALLED PIPING SYSTEMS 02687 - 10 a. Install closure piece (Le. plug, blind flange, etc.) at the boundary and test per applicable paragraph of this Specification. Test pressure to be as specified. 2. If Pipe at Boundary Is Installed: a. Complete piping up to final closure at the boundary. b. Test new piping per applicable paragraph of this Specification by installing a closure piece to isolate the new section. Test pressure as specified. c. Complete connection at boundary. If underground, leave joint exposed. d. Retest piping. Test pressure to be 100% of the working pressure at the boundary. If there are no visible leaks at the interface, then no further testing is required. If leaks are visible at the interface, repair and retest. 3. Installed piping at the boundary between two construction contracts is defined as piping that has been installed and tested per Contract requirements and approved by the ENGINEER. TESTING OF INSTALLED PIPING SYSTEMS 02687 - 11 ATTACHMENT A TESTING OF INSTALLED PIPING SYSTEMS 02687 - 12 SERVICE Gravity SIZE A. Storm Sewer All All B. Sanitary Sewer All C. Surcharged D. Plant Relief/Drain Line 60” E. Lift Station Interconnect Tunnel 60” Above Ground All A. Pump Suction All B. Pump Discharge All ATTACHMENT B REQUIRED TEST TEST PRESSURE Visual None (Exfiltration or See Text Infiltration or Low Pressure Air) + TV + Mandrel 150% of Hydrostatic pressure Exfiltration or See Text REMARK S N/A See Text system 2 Hrs. (min) See Text Infiltration or Low Pressure Air Exfiltration or See Text Infiltration or Low Pressure Air Hydrostatic Leakage Hydrostatic Leakage & Hydrostatic Leakage & Hydrostatic Leakage & & C. All Others All DURATIO N Underground Pressure Piping Plumbing (Inside Building) All Low Pressure air or hydrostatic A. DWV smoke All Hydrostatic & B. Waterlines Leakage Hydrostatic & Tank & Fill All Leakage Drain Hydrostatic & Up to Leakage Open-Ended 48” Piping See Text 150% of max. wet well level (25 psi min.) 150% of pump shutoff head (100 psi min.) 150% of system pressure (100 psi min.) Waterlines: 150 psi Pump discharge: 150% of pump shutoff head (100 psi min.) 1 Hr. (min) 5 psi See Text No leaks 24 Hrs. See allowed Text See Text No leaks allowed 2 Hrs. (min) No leaks allowed 1 Hr. (min) 100 psi 150% of tank head 25 psi If > 48”, consult ENGINEER TESTING OF INSTALLED PIPING SYSTEMS 02687 - 13 No leaks allowed 2 Hrs. (min) 2 Hrs. (min) 2 Hrs. (min) Gas Piping A. Low Pressure Air Up to High Pressure 2” > 2” Air Hydrostatic 25psi 150% of system B. High Up to High Pressure pressure (150 psi Pressure Air 2” > 2” Air Hydrostatic min.) High Pressure C. vacuum All Air 25 psi Up to High Pressure D. All Others 2” > 2” Air Hydrostatic See Text END OF SECTION TESTING OF INSTALLED PIPING SYSTEMS 02687 - 14 2 Hrs. (min) No leaks allowed 24 Hrs. 2 Hrs. (min) See Text No leaks allowed No leaks allowed DIVISION 3 – CONCRETE (THIS PAGE INTENTIONALLY LEFT BLANK) SECTION 03001 CONCRETE PART 1 - GENERAL 1.01 SUMMARY A. This Section includes the furnishing of materials, storing, mixing, handling and the placement of concrete for concrete pavement, precast concrete, cast-in-place structures or as identified for placement within other Specification Sections or as shown on PLANS. 1.02 RELATED REQUIREMENTS (NOT USED) 1.03 REFERENCES A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. 1. American Concrete Institute (ACI) a. ACI304R, Guide for Measuring, Mixing, Transporting, and Placing Concrete b. ACI3.04.4R, Placing Concrete with Belt Conveyors c. ACI3.04.5R, Batching, Mixing, and Job Control of Lightweight Concrete d. ACI3.04.6R, Guide for the Use of Volumetric Measuring and Continuous-Mixing Concrete Equipment e. AC1318/318R, Building Code Requirements for Structural Concrete 2. American Society For Testing And Materials (ASTM) a. ASTM C31, Standard Practice for Making and Curing Concrete Test Specimens in the Field b. ASTM C33, Standard Specification for Concrete Aggregates c. ASTM C39, Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens d. ASTM C42, Standard Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete e. ASTM C94, Standard Specification for Ready-Mixed Concrete f. ASTM C143/C143A, Standard Test Method for Slump of Hydraulic Cement Concrete g. ASTM C150, Standard Specification for Portland Cement h. ASTM C173, Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method i. ASTM C231, Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method j. ASTM C232, Standard Test Methods for Bleeding of Concrete k. ASTM C260, Standard Specification for Air-Entraining Admixtures for Concrete l. ASTM C293, Standard Test Method For Flexural Strength of Concrete (Using Simple Beam With Center - Point Loading) m. ASTM C494, Standard Specification for Chemical Admixtures for Concrete n. ASTM C618, Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for use as a Mineral Admixture in Concrete CONCRETE 03001 - 1 o. ASTM C1107, Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Nonshrink) p. ASTM E329, Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction 1.04 DEFINITIONS A. HRWR - High Range Water Reducing Admixture B. ppm - parts per million 1.05 SUBMITTALS A. Furnish laboratory reports showing proportions and materials selected will produce laboratory-mixed concrete of specified quality and having strengths 20 percent higher than 28-day strength specified, at maximum slump and maximum air content specified. B. Samples 1. Furnish material samples to approved testing laboratory for review and testing. 2. Provide sufficient material quantities for testing and determining mixes to produce concrete classes specified. C. Mix Designs 1. Submit mix designs for each different concrete mix proposed for the project. 2. Secure confirmation of laboratory tests on proposed mix designs prior to submittal. 3. Use only approved mix designs. 4. Make required tests of mix as called for elsewhere in this Specification Section under Paragraph 1.05 E. D. Reports: Provide certified mill test reports on cement and sieve analysis on aggregates. When fly ash is used, provide documentation to confirm fly ash source is approved by the Texas Department of Transportation for use in concrete for bridges. E. Tests 1. Make moisture tests of aggregate to ensure proper batching and proportioning. 2. Provide and maintain curing facilities for test specimens conforming to ASTM C31. 3. For Structural Concrete a. Perform sufficient number of tests to maintain check on quality. b. Conduct tests as per test procedures ASTM C31 and C39 for Compression Test. c. When portland cement concrete (other than high-early-strength concrete) is used, test minimum of two standard 6-inch by 12-inch cylinders at 7 days and minimum of two 6-inch by 12-inch cylinders at 28 days for each 50 yards of concrete placed, for each day's placement, or for each structure, whichever results in more cylinders. d. When high-early-strength concrete is used, test a minimum of two standard 6-inch by 12-inch cylinders at 3 days and minimum of two 6-inch by 12-inch cylinders at 7 days for each 50 cubic yards of concrete placed, for each day's placement, or for each structure, whichever results in more cylinders. Minimum strengths normally required at 7 and 28 days will be required at 3 and 7 days, respectively. 4. For paving concrete, test pavement work as required by PLANS and/or as follows: a. Make one beam for each 1,000 square yards of pavement, or part thereof, for each day's placement, and/or one beam on each street. CONCRETE 03001 - 2 b. Size of beams as required by ASTM C31. c. Core sampling in accordance with requirements as indicated on PLANS. If the requirements are not shown on PLANS, make one core for each 1,000 square yards of pavement or at least one core for each street, whichever is least in area. Core samples to be in accordance with ASTM C42. d. Fill core hole with nonshrinking grout per ASTM C11 07 at no additional cost to OWNER. e. Test core for compressive strength and for thickness in accordance with ASTM C42. f. Test for flexural strength in accordance with ASTM C293, "Flexural Strength of Concrete (using simple beam with center-point loading)." 5. For air entrainment, make two tests, in accordance with ASTM C231 or C173, for each day's placing. 6. Measure slump, in accordance with ASTM C143, periodically, but not less than one measurement for each batch of concrete from which specimens are made. F. Specimen Handling 1. Mark test specimens clearly in a definite sequence. 2. Transport and store specimens to prevent damage. 3. Provide insulated shed for storage of cylinders and beams. 4. Provide records identifying each cylinder with locations from which specimens are taken. 5. Cure specimens under laboratory conditions. When there is a possibility of surrounding air temperature falling below 40°F; additional specimens shall be made and cured under job conditions. G. Failure to Meet Specifications 1. Concrete failing to meet specifications will be rejected. 2. Should a 3-day (high-early cement) or 7-day (normal cement) test fail to meet established strength requirements, extended curing, or resumed curing, may be required. 3. CONTRACTOR to strengthen structures, or replace portions thereof, which fail to meet established strength requirements, at CONTRACTOR's expense. 4. Test cores, when required, to be in accordance with procedures of ASTM C42, at no additional cost to OWNER. The OWNER is to select a testing laboratory, conforming to ASTM E329, to make tests throughout the concrete operations. When requested by the OWNER, ENGINEER will monitor tests and review results. 1.06 DELIVERY, STORAGE AND HANDLING A. Cement 1. Store in weather tight enclosures and protect against dampness, contamination, and warehouse set. 2. Store off ground in a well-ventilated building. B. Aggregates 1. Stockpile to prevent excessive segregation or contamination with other materials or other sizes of aggregates. 2. Use only one supply source for each aggregate stockpile. CONCRETE 03001 - 3 C. Admixtures 1. Store to prevent contamination, evaporation, or damage. 2. Protect liquid admixtures from freezing or harmful temperature ranges. 3. Agitate emulsions prior to use. 1.07 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in contract price bid for work of which this is a component part. PART 2 - PRODUCTS 2.01 MATERIALS AND/OR EQUIPMENT A. Concrete: Ready-mixed concrete conforming to ASTM C94. 1. Cement a. ASTM C150, Type I or Type 1/11. b. Allowable weight variations and length of storage to be in accordance with ASTM C150. c. Use no caked cement. d. Deliver in bags for site-mixed concrete. e. Use only one brand of cement in anyone structure. 2. Admixtures a. Air-entraining admixtures in accordance with ASTM C260. b. Water-reducing and retarding admixtures in accordance with ASTM C494, Type A or Type D admixture, modified as follows: 1) Bleeding water no greater than bleeding water of ASTM C494 reference concrete when tested as per ASTM C232. 2) Increase durability, decrease permeability, and increase resistance to surface scaling, when compared to ASTM C494 reference concrete. 3) No chlorides or alkalies added during manufacture of admixture. c. High-range water-reducing admixture (superplasticizer) in accordance with ASTM C494, Type F or Type G, modified as follows: 1) Superplasticized concrete to be nonsegregating, have little bleeding, and have physical properties similar to low water cement ratio concrete. 2) Admixture composed of a synthesized sulfonated polymer to be added to the concrete mixer with gauge water at the central batch plant. 3) Use only one liquid admixture to achieve the superplasticized concrete, except where air entrainment is desired, in which case, air entraining admixture to be compatible with superplasticizer admixture. 4) Treated concrete must be capable of maintaining superplastic state in excess of 2 hours. 5) Dosage as recommended by the manufacturer. d. Additional Requirements 1) Manufacturer to provide proof of successful field use of waterreducing and retarding admixture from recognized laboratories and other authorities. CONCRETE 03001 - 4 3. 4. 5. 6. 7. 2) Manufacturer to provide local representative and warehouse facilities, when requested by OWNER. 3) Provide qualified concrete technician to assist in concrete mix design, if required. 4) If required, CONTRACTOR to acquire approved commercial laboratory testing, at no cost to OWNER, to furnish certification of compliance with this specification. 5) Water-reducing and retarding admixtures used in Class A and Class K concrete only, unless otherwise specified. 6) Use manufacturer's published recommended dosage for optimum results as minimum requirements. Dosage may be varied by ENGINEER after analysis of results of local commercial laboratory tests using materials from sources assigned by CONTRACTOR. 7) Dispensing and mixing equipment and procedures at batch plant are subject to approval. Coarse Aggregate a. Durable particles of crushed blast furnace slag, crushed stone, or combination thereof, conforming to ASTM C33. b. Use clean, durable particles, free from frozen materials, clay, salt, alkali, vegetable matter, or other coating which would adversely affect strength of concrete or bonding of aggregate to cement paste. 1) Nonprestressed concrete aggregate: ASTM Size No. 467 (1-1/2 In. to No.4) for liquid containing structural elements 10 inches and thicker, and ASTM Size No. 57 (1 In. to No.4) for all other concrete. 2) Prestressed concrete aggregate: ASTM Size No. 57 (1 In. to No. 4). c. The maximum size coarse aggregate to be as indicated above or no greater than three-fourths of the minimum clear spacing between parallel reinforcing bars or prestressing tendons, whichever is smaller. Fine Aggregate a. Natural sand as per ASTM C33. b. Fineness modulus between 2.4 and 2.9. Water a. Free from oils, acids, alkalis, organic matter, or other deleterious substances and not containing more than 1,000 parts per million of sulphates. b. Testing not required from municipal supplies approved by Texas Department of Health, but from other sources water will be sampled and tested, at no additional cost to OWNER, before use. Slump a. Test method as per ASTM C143. b. As indicated in Classification Table. Mix Proportioning a. Per CLASSIFICATION TABLE, based on maximum water-cement ratio and minimum strength requirements, with limits set on minimum cement content. b. Increase cement content above minimum or use approved admixtures, without additional cost to OWNER, if type, gradation, or sizes of aggregate being supplied gives concrete mixture not meeting strength and workability requirements. CONCRETE 03001 - 5 8. Coring Materials: Per Section "Concrete Structures". B. Nonshrink Grout: Grout to have moderate fluidity and to conform to CRD-C621. C. Fly Ash 1. ASTM C618, Class F. 2. Compatible with other concrete ingredients. 3. Obtain proposed fly ash from a source approved by the Texas Department of Transportation for use in concrete for bridges. 4. When fly ash is used, it shall make up from 20% to 25% of the total cementitious material, by weight. CLASSIFICATION TABLE Max. Water Content(1) Class- Type A - Structural A sp Structural(3) BSlope Protection CPipe Blocking D- Seal Slab E- Monolithic Sewer F- Prestressed(5) G- Prestressed(5) K- Structural(6) K sp Structural(3) KwStructural(9) P- Paving 6Inch(8) P- Paving 7Inch(8) Min Comp. Strength Lbs. (psi) Water/ Lbs. Cement 7-Day 28-Day (W/C) 2,000 3,000 0.55 Min. Cement per C.Y.(2)(10) Slump (Lbs.) Range (in.)* 494 2 ½ to 4 ½ 2,000 3,000 0.50 423 7 to 10(4) 3 to 5 1,200 2,000 0.75 400 2 ½ to 4 2½ ---- 1,500 0.97 282 3 to 5 3 to 6 ---- ---- ---- 376 6 to 8 as needed 2,000 3,000 0.55 564 4 to 6 3 to 5 ------2,800 5,000 6,000 4,000 .51 0.49 0.45 635 658 564 2 to 3 2 to 3 3 ½ to 5 as needed as needed 2 ½ to 4 ½ 2, 800 4,000 0.40 517 7 to 10(4) 3 to 5 2,800 4,000 0.40 517 7 to 10(4) 3 to 5 2,000 500(7) 3,000 0.66 470 3 to 5 2 ½ to 4 ½ 2,000 3,000 0.66 470 3 to 5 2 ½ to 4 ½ 0.66 517 3 to 5 500(7) P- Paving Inch(8) 8- 2,100 3,000 (7) 500 CONCRETE 03001 - 6 Total Air Content (%) 2 ½ to 4 ½ * All Slump Ranges + ½ -lnch Tolerance (1) Include in maximum water, free water in aggregate minus absorption of aggregate based on a 30-minute absorption period. (2) For concrete placed under water, minimum cement per cubic yard shall be 611 pounds (6.5 bags). (3) Asp, Ksp" and Kw shall contain approved HRWR Admixture. (4) Maximum 2-inch slump before addition of HRWR Admixture. (5) For prestressed concrete, water reducing admixture may be used as needed. (6) Use approved water-reducing and retarding admixture. (7) Minimum flexural strength at 7 days. (8) Slump range ½ - 1 ½ inches when slip form method of construction used. (9) Use Class F Fly Ash in Class Kw concrete. (10) Total combined weight of portland cement and fly ash, if any is used. APPLICATIONS OF VARIOUS CONCRETE MIX CLASSES A AND K: Class K Concrete or Class Ksp Concrete: At Contractor's option, use either Class K or Ksp for any concrete uses not noted otherwise. Class Kw Concrete: Use for all concrete elements of environmental (liquid containing) structures~ 2.02 SOURCE QUALITY CONTROL A. To be in accordance with those requirements as specified within Paragraphs 1.06 and 2.01 of this Specification Section. PART 3 - PART 3· EXECUTION 3.01 ERECTION/INSTALLATION APPLICATION AND/OR CONSTRUCTION A. Mixing Concrete 1. Ready-mixed and in accordance within the requirements of ACI 304, 304.4, 304.5 and 304.6, measuring, mixing, and transporting of concrete as applicable to type methods used. 2. Postpone or delay work during adverse weather conditions. 3. Protect dry batch material so it reaches mixer in a dry condition. 4. Use batch mixer having approved and positive water control and measuring device for all materials. 5. Continue mixing to ensure uniform distribution of materials, but not less than 1% minutes after all materials have been introduced into mixer drum. 6. Rotate drum at peripheral speed recommended by mixer manufacturer. 7. Mix and deliver as per ASTM C94. a. . Add mixing water at plant. b. Mix concrete in quantities required for immediate use, and discharge at jobsite within 1 hour after introduction of cement to aggregate. If CONTRACTOR can prove that concrete consistency measured by slump will not be reduced by more than 2 inches when superplasticized concrete is used, time interval between mixing and placing may be extended to a maximum of 90 minutes or to a period in which slump loss will not exceed 2 inches. CONCRETE 03001 - 7 c. Begin mixing operation within 30 minutes after cement and aggregates intermingle. d. Ready-mixed concrete producer to furnish delivery tickets indicating: 1) Delivery date and time dispatched. 2) Name and location of project. 3) Name of CONTRACTOR. 4) Name of ready-mixed concrete producer. 5) Truck number. 6) Number of cubic yards of concrete in load. 7) Class of concrete. 8) Cement content in bags per cubic yard of concrete. 9) Amount of admixture in concrete, if any. 10) Number of gallons of water in mixture. 11) Air content. 8. Job mix concrete in approved type mixer and do not load beyond manufacturer's rated capacity. a. Normal Weight Concrete 1) Mix batches of 1 cubic yard or less for minimum of 1% minutes after materials are placed in mixer. 2) Increase mixing time 15 seconds for each cubic yard increase over one cubic yard batch. b. Maintain positive batch control equipment to within 1 percent accuracy. c. Clean, maintain, and operate equipment so as to thoroughly mix material as required. d. Hand-mixing permitted for small placements only as authorized. e. Hand-mixed batches not to exceed a two-bag batch in volume. 9. Do not mix when air temperature is at or below 40°F (taken in the shade away from artificial heat) and falling, or if likely to fall below 40°F in next 24 hours. 10. To produce concrete with minimum temperature of 50°F, heat aggregate and/or water uniformly as follows: a. Water temperature not to exceed 180°F and/or aggregate temperature not to exceed 150°F b. Heat mass of aggregate uniformly. c. Temperature of aggregates and water to be between 50°F and 85°F before introduction of cement. B. Installation 1. In accordance with other Specification Sections which are included within these Contract Documents. 3.02 3.05 FIELD QUALITY CONTROL A. As specified under Paragraphs 2.01 and 3.01 of this Specification Section. END OF SECTION CONCRETE 03001 - 8 SECTION 03112 CONCRETE STRUCTURES PART 1 - GENERAL 1.01 SUMMARY A. This Section includes the construction procedures for all concrete structures which includes the methods required for the forming, placing, and curing of concrete as shown on PLANS and as specified elsewhere within the Contract Documents. 1.02 RELATED REQUIREMENTS A. PLANS show sizes, shapes, thickness, reinforcing requirements, and location of expansion, contraction, and construction joints for concrete structures. B. Related work as called for on PLANS, or in this or other Specification Sections. 1.03 REFERENCES A. The publications listed below form a part of this Specification to the extent referenced. The publications are referred to in the text by basic designation only. 1. American Society For Testing And Materials (ASTM) a. ASTM C109, Standard Test Method for Compressive Strength of Hydraulic Cement Mortars b. ASTM C309, Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete c. ASTM C579, Standard Test Method for Compressive Strength of Chemical Resistant Mortars and Monolithic Surfacings d. ASTM C827, Standard Test Method for Change in Height at Early Ages of Cylindrical Specimens from Cementitious Mixtures e. ASTM D412, Standard Test Methods for Vulcanized Rubber and Thermoplastic Rubbers and Thermoplastic Elastomers-Tension f. ASTM D1752, Standard Specification for Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction g. ASTM D2628, Standard Specification for Preformed Polychloroprene Elastomeric Joint Seals for Concrete Pavements h. ASTM E488, Standard Test Methods for Strength of Anchors in Concrete and Masonry 2. Federal Specifications (FS) a. FS-TT-S-0277E, Sealing Compound: Elastomeric Type, Multi-Component (For Caulking, Sealing and Glazing in Building and other Structures) Amendment 3 3. U.S. Army Corps Of Engineers (CRD) a. CRD-C621, Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Nonshrink) CONCRERTE STRUCTURES 03112 - 1 1.04 DEFINITIONS A. "Curing Day" is any calendar day during which the temperature, taken in the shade away from artificial heat, is above 50°F for at least 19 hours (on colder days, if satisfactory provisions are made, maintain the temperature at all surfaces of the concrete above 40°F for the entire 24-hour day). Required curing period begins when all concrete therein has attained initial set. B. "Nonshrink" is defined as no plastic or vertical shrinkage at any time when measured in accordance with ASTM C827. 1.05 SUBMITTALS A. Furnish in accordance with Specification Section 01300, "Submittals". 1. Shop drawings and Product Data. In addition to the items specified in Section 01300, "Submittals", furnish the following: a. Concrete mix designs, samples and test reports in accordance with the requirements of Specification Section 03001, "Concrete". b. Drawings showing placement, sizes and materials for reinforcing in accordance with Specification Section 03210, "Reinforcing Steel". c. Prior to any construction activities, submit the following information in full or part as directed by the ENGINEER. 1) Concrete placement schedule. 2) Monolith drawings, in either two dimensions or isometric, clearly identify, locate, and dimension the following: a) Construction, contraction, and expansion joints. b) Embedded items. c) All concrete penetrations. d) Key elevations. e) Electrical conduit. f) All other items passing through concrete. 3) Tabulation of concrete surfaces indicating types of finish to be provided on each surface. 1.06 SCHEDULING A. Time sequence requirements for construction operations are as specified under Paragraph 3.01 of this Specification Section. 1.07 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in Contract price bid for work of which this is a component part. PART 2 - PRODUCTS 2.01 MATERIALS AND/OR EQUIPMENT A. Concrete: In accordance with Specification Section 03001, "Concrete" with class of concrete as noted on PLANS. CONCRERTE STRUCTURES 03112 - 2 B. Reinforcing Steel: In accordance with Specification Section 03210, "Reinforcing Steel" with size and type of reinforcing noted on PLANS. C. Expansion Joint Filler Material: In accordance with ASTM 01752. D. Waterstop: Manufactured from virgin polyvinyl chloride plastic compound and containing no scrap or reclaimed material. Unless otherwise indicated, furnish "Wirestop" waterstops as manufactured by Paul Murphy Plastics, Roseville, Michigan or equal of the following types. 1. Expansion Joints: Center-bulb, ribbed, minimum of 0.375" thick, 6-inch width (unless otherwise shown on PLANS) with integral wire loops for attachment to reinforcing steel. "Wirestop" Model CR-6380 or equal. 2. Construction Joints: Flat, ribbed, minimum of 0.375" thick, 6-inch width (unless otherwise shown on PLANS) with integral wire loops for attachment to reinforcing steel. "Wirestop" Model FR-6380 or equal. 3. When called for on the PLANS furnish flat, dumbbell type, a minimum of 0.375" thick, 6-inch width (unless otherwise shown on PLANS) with integral wire loops for attachment to reinforcing steel. "Wirestop" Model FO-6380 or equal. E. Curing Materials: Unless otherwise indicated, use one of the following. 1. Potable Water. 2. Liquid Membrane - Forming compounds in accordance with ASTM C309. F. Forms and Falsework 1. Timber: a. Seasoned, good quality timber free from loose or unsound knots, knot holes, twists, shakes, decay, and other imperfections which would affect its strength or impair finished surface of concrete. b. Wedges, when required, to be hardwood. 2. Metal: a. Thickness of metal forms as required to maintain true shape without warping or bulging. b. Keep metal forms free from rust, grease, or other foreign materials, and use only those which present a smooth surface and form to alignment. c. Aluminum is not permitted. 3. All screeds to be made of metal pipe. Plastic or hardened concrete sills not allowed in work. Maximum screed spacing 8'-0". G. Grout 1. Nonshrink Grout: Premixed grout which is nonmetallic, noncorrosive, and nonstaining; containing specially selected silicon sands, cement, shrinkage compensating agents, plasticizing and water reducing agents. a. Conform to requirements of CRO-C621. b. Minimum 28-day compressive strength of 5,000 psi when tested in accordance with ASTM C109. c. Maintain grout temperature during placement between 50°F and 90°F. d. Prepare and place grout according to grout manufacturer's specifications and the requirements of Paragraph 3.02 of this Specification Section. 2. Nonshrink Epoxy Grout: CONCRERTE STRUCTURES 03112 - 3 a. Minimum 7-day compressive strength of 16,000 psi when tested in accordance with ASTM C579. b. Five Star epoxy grout as manufactured by Five Star Products or equal. H. Vapor Barrier: Polyethylene film minimum thickness of 0.010-inch (10 mils) with highimpact strength rating. Provide recommended tape of proper width for sealing joints in barrier. 1. Acceptable Brands: Stego Wrap 10-mil Class A Vapor Retarder or approved equal. I. Concrete Bonding Agent - Acceptable manufacturers: 1. "Duraweld-C" as manufactured by W.R. Grace and Company. 2. "Acrylic Bond Crete" as manufactured by Burke Concrete Accessories. J. Waterproofing: 1. General: Where waterproofing is required on PLANS: a. Under Slabs: Provide self-adhering polyethylene-waterproofing. b. Walls: Use the product specified in Section 07160, "Bituminous Dampproofing". 2. Self-adhering polyethylene with a rubberized asphalt mastic material. a. Minimum 4 mil thickness polyethylene coated on one side with a layer of adhesive rubberized asphalt with protective membrane. b. Designed for tensile strength of 250 psi when tested in accordance with ASTM 0412. c. Thickness to be 60 mils excluding the protective release membrane. d. Furnish in rolls 36 inches minimal width and 50 feet minimal length. K. Expansion Bolts and/or Anchors: Expansion bolts and/or anchors are to be of the type, sizes, shapes, dimensions and/or manufacturer as shown on PLANS. L. Exterior Concrete Coatings: If exterior concrete coatings are required and are shown on PLANS, coating to be in accordance with the applicable Painting and Coating Specification Section. M. Joint Sealant: Unless otherwise shown on PLANS, liquid joint sealant to be in accordance with FS-TT-S-0227E and preformed compression seals to be in accordance with ASTM 02628. N. Concrete Floor Sealant: SON-NO-MAR as manufactured by Sonneborn or equal. PART 3 - EXECUTION 3.01 GENERAL REQUIREMENTS A. Time Sequence of Construction Operations 1. Do not place superstructure members, forms, falsework, or erection equipment on substructure before concrete has cured for minimum 4 days. 2. Erect forms on footings supported by piling or drilled shafts after concrete has cured for minimum 4 days. Work may begin on spread footings after concrete has aged at least 2 curing days. 3. Support of tie beam and/or cap forms by falsework placed on previously placed tie beams is permissible, provided curing requirements are completed and tie beams are properly supported to eliminate stresses not provided for in design. CONCRERTE STRUCTURES 03112 - 4 4. Sequence of Pouring Operations: When construction requires the placement of concrete in successive pours, CONTRACTOR is to submit sketch and schedule for pouring sequence. Schedule and sequence is to allow a minimum of two days (48 hours) curing of adjacent concrete on all sides prior to placing new concrete in contact with previously placed concrete. Schedule to be submitted in accordance with the requirements as specified within Specification Section 01300, "Submittals". 3.02 ERECTION/INSTALLATION/APPLICATION AND/OR CONSTRUCTION A. General Design Requirements - Falsework and Forms 1. Design and construct to carry maximum anticipated loads including wind load, and provide rigidity to prevent settlement or deformation. 2. Use 150 pounds per cubic foot for concrete and minimum live load of 50 pounds per square foot of horizontal surface of form work. The maximum unit stresses not to exceed 125 percent of allowable stresses used for design of structures. B. Falsework 1. Make timber sills and grillages large enough to support superimposed load without settlement. 2. Place falsework which cannot be founded on a satisfactory spread footing on piling or drilled shafts. 3. Cap each falsework bent transversely by a member of proper size, and fasten caps securely to each pile or column in bent and set at proper elevation, allowing for a construction camber. 4. Use wedges, if required, in pairs and arrange so as to ensure uniform bearing. 5. Use of wedges to compensate for incorrectly cut bearing surfaces are not permitted. C. Forms - General Requirements 1. Provide mortar-tight forms sufficient in strength to prevent bulging or sagging. 2. Maintain to proper line and grade, and prevent warping and shrinkage. 3. Clean areas of extraneous material before concrete placement. 4. If bulging or sagging occurs, remove concrete causing such condition and reset forms. 5. Construct forms to permit their removal without damage to concrete. 6. Use metal form ties of a type that permits their easy removal and which will not require removal of excessive concrete. Tapered form ties are acceptable. 7. Remove metal alignment appliances from forms to a depth of at least 2 inch from concrete surface without undue chipping or spalling, leaving a smooth opening in the concrete surface. 8. Burning off of rods, bolts, or ties not permitted. 9. Cut wire ties back at least 2 inch from face of concrete. 10. Metal tie-holding devices to develop strength of ties and to be adjustable for alignment. 11. Remove spreaders, which are separate from the forms, as concrete is placed. 12. Provide clean-out openings for walls and other locations where access to bottom of forms is not readily attainable. 13. Prior to erection, treat facing of forms with oil or other bond-breaking coating which will not discolor or otherwise injuriously affect concrete surface. CONCRERTE STRUCTURES 03112 - 5 14. Wet surface of forms to be in contact with concrete immediately before placing concrete. 15. Before concrete placement, align edges and faces of form panels and tape or fill joints with patching plaster or cold-water putty to prevent leakage; sand lightly with No. 0 sandpaper to make joints smooth. 16. No forms of any kind are to be left in place under permanent structures. D. Timber Forms 1. Timber for facing or sheathing surfaced on at least one side and two edges. 2. Use nominal 2-inch lumber minimum thickness for forms for bottoms of beams. 3. Use lumber of nominal 1-inch minimum thickness elsewhere, generally, and back by sufficient number of studs and wales. 4. Provide form linings free of irregularities for concrete surfaces to be given rubbed finish. 5. Lining not required with plywood forms. 6. Plywood form lining made with waterproof adhesive to be 1/4-inch minimum thickness, oiled at mill, and re-oiled or lacquered on job before using. 7. Use tempered Masonite Concrete Form Board, 3/16-inch minimum thickness, as alternate form lining. Keep moist at least 12 hours before applying to sheathing by moistening screen side of board and stacking boards screen side to screen side. Use smooth, hard face as concrete contact surface of form. 8. Plywood forms to be minimum 3/4-inch thickness and made with waterproof adhesive backed by adequate studs and wales, with form lining not required. 9. Molding for chamfer strips, to be Redwood, cypress, or pine. Material is not split when nailed and will hold true lines. All faces to be mill cut and dressed. Fillet sharp corners and edges with triangular chamfer strips, 3/4 inch on sides. E. Metal Forms: Linings are not required. Countersink bolt and rivet heads on facing sides of metal forms. Design clamps, pins, or other connecting devices to hold forms rigidly together and to allow removal without injury to the concrete. Straight metal panel forms may be used for all structures with straight walls and for those structures with curved walls only below ground level. Curved metal panels may be used for all structures with curved walls. F. Expansion Joints: Remove form from formed joints as soon as possible to permit free expansion of concrete. Anchor expansion joint fillers to concrete on side of joint by means of copper wire not lighter than No. 12 B&S gage or copper nails of approved size. Ensure complete separation of concrete sections by joint material. G. Construction Joints: Other than those indicated on the approved Monolith Drawing, joints are not permitted without written authorization by the ENGINEER. Thoroughly clean joint surfaces of previously placed concrete by power water blasting. Keep all concrete surfaces moist for 12 hours prior to placing adjacent concrete. Immediately prior to placing concrete, wet surface of joint with clean water. H. Placing Reinforcement: Concrete reinforcement to be placed as shown on PLANS and in accordance with approved shop drawing. Materials to be in accordance with Specification Section 03210, "Reinforcing Steel" and/or as shown on PLANS. CONCRERTE STRUCTURES 03112 - 6 I. Concrete Placement 1. Seal Slabs: a. Use in all excavations for structures requiring reinforcing steel in base slab. For retaining wall footings and bridge footings, use seal slab only if shown on PLANS. b. Excavate 2 inches minimum or to the depth as shown on PLANS below bottom of structural slab and pour seal slab concrete to structural slab bottom elevation. Surfaces to have a rough float finish. c. Concrete for seal slabs to be Class D per applicable concrete specification Section unless otherwise noted. No cylinders or testing is required for seal slab concrete. No direct payment will be made for seal slab concrete. 2. General Requirements: a. ENGINEER is to be given 48 hours advanced notice before placing concrete. Place concrete only after forms and reinforcing placement have been checked. Pile driving and other causes of vibration are to be discontinued until concrete has attained an age of at least 18 hours. b. It is preferable to mix, place, and finish concrete in daylight hours. If necessary to conduct concrete operations in other than daylight hours, light entire working area. Do not place concrete when impending weather conditions, such as rain, sleet, or snow, threaten to impair quality of finished work. If rainfall occurs during concrete placement, provide covering to protect work. c. Place concrete in forms or excavations with no apparent moisture therein. Standing water is not permitted in forms or excavations during concrete placement. 3. Handling and Transporting of Concrete: a. Use method and equipment to maintain rate of placement as required to prevent cold joints. Place concrete by buckets, chutes, buggies, pipes, or troughs, which prevent separation of concrete ingredients. b. With prior written approval by the ENGINEER, use belt conveyors or pumps, and test samples at discharge end. Protect concrete transported by conveyors from sun and wind to prevent loss of slump and workability. Pipes used to pump concrete to be shaded and/or wrapped with wet burlap to prevent loss of slump and workability. Do not transport concrete through aluminum pipes, tubes, or other aluminum equipment. Use of chutes in excess of 35 feet total length prohibited. 4. Concrete Placement: a. CONTRACTOR is to provide thermometer to measure temperature of concrete during placement for the ENGINEER's usage. b. Equip chutes with baffles for depositing concrete on steep slopes, or make chutes in short lengths that reverse lateral direction of movement. Provide downpipe at the end of chute. Use no slope steeper than one vertical to two horizontal. CONCRERTE STRUCTURES 03112 - 7 c. Discharge concrete from chutes and troughs either vertically down the inside of forms or into pockets outside of forms from which it may flow through holes left in forms. Keep chutes, troughs, and pipes clean and free from coatings of hardened concrete. Deposit concrete in continuous horizontal layers maximum 12 inches in thickness. Depositing large quantities at one point and running or working of the concrete along forms not permitted. Limit free-fall of concrete to 5 feet, except in walls 10-inches or less in thickness, if segregation can be prevented. d. Use tremies for placing concrete in walls over 10 inches thick. Remove hardened concrete spatter ahead of plastic concrete. Do not jar forms after concrete has taken initial set or place any strain on projecting reinforcement. Make tremies in sections, or provide in several lengths, so outlet may be adjusted to proper heights during placing operations. Place each layer while preceding layer is still plastic, but do not allow more than one hour to elapse between placement of successive layers. e. Apply vibrators to concrete immediately after depositing and move throughout mass, through layer of concrete just placed, and several inches into plastic layer below. Consolidate concrete and flush mortar to form surfaces by continuous working with immersion-type vibrators. Do not attach vibrators to forms or reinforcement. Provide one standby vibrator for emergency use. f. If excessive bleeding causes water to form on surface of concrete in tall forms, use stiffer mix. In walls and deep beams, place concrete to a point approximately 1 foot below finished elevation of bottom of slab or beam to be poured monolithically with wall, and allow to settle; but to avoid a cold joint, resume placement of concrete before initial set occurs. Overfill forms and screed off excess concrete after partial stiffening. 5. Concrete Placement in Cold Weather Conditions: a. The minimum temperature of all concrete at time of placement to be not less than 50°F. Maintain slab temperatures at 50°F or above for period of 72 hours from time of placement and above 40°F for additional 72 hours. b. Maintain temperature of all other structural elements at 40°F or above for period of 72 hours from time of placement. Maintain temperature of concrete placed on or in the ground above 40°F for period of 72 hours from time of placement. c. Protect concrete against freezing during curing period in accordance with Portland Cement Association "Design and Control of Concrete Mixtures". Protect concrete from temperatures below 40°F until it has cured for a minimum of 3 days at 70°F or 5 days at 50°F. Remove and replace, at CONTRACTOR's expense, all concrete deemed unsatisfactory by ENGINEER. Protection may consist of additional covering, insulated forms, artificial heating, or other means approved by ENGINEER. 6. Concrete Placement in Hot Weather Conditions: a. When air temperature is above 90°F use approved retarding agent in all exposed concrete. b. Reinforcing steel, steel beam flanges, and other surfaces in contact with concrete to be cooled to below 90°F by means of water spray or other approved methods. CONCRERTE STRUCTURES 03112 - 8 c. Concrete temperature prior to placement not to exceed 90°F. Reduce concrete temperature at time of placement to satisfy maximum allowable temperature by one or more of the following: 1) Addition of cold water with a subsequent addition of cement to maintain proper water-cement ratio. Tanks or trucks used for storing or transporting water to be insulated or painted white. Mechanical refrigeration may be used to reduce water temperatures. 2) Addition of crushed, shaved, or chipped ice directly into the mixer with a subsequent addition of cement to maintain proper water-cement ratio. Continue mixing until ice is completely melted. 3) Any other methods that may be incorporated into the work to be approved in writing by the ENGINEER. 7. Concrete Placement in Water Conditions: a. Only when approved by the ENGINEER, use concrete mix with minimum 6.5 sacks cement per cubic yard of concrete. Forms, cofferdams, or caissons to be sufficiently tight to prevent water current passing through space in which concrete is being deposited. Pumping water not permitted during placing, nor until concrete has set for at least 36 hours. b. Place concrete with tremie, closed bottom-dump bucket, or other approved method to avoid free-fall through water. Do not disturb concrete after depositing, and maintain horizontal layers at all times. Use watertight tube 10 inches or less in diameter for tremie and constructed so that bottom can be sealed and opened after it is in place and fully charged with concrete. c. Support tremie to allow easy movement horizontally to cover work area and vertically to control concrete flow. Stop flow by lowering the tremie. d. Capacity of bottom-dump buckets to be not less than 2 cubic yard. Lower bucket or tremie gradually and carefully to rest upon concrete already placed and raise very slowly during upward travel, intent being to maintain still water at point of discharge and to avoid agitating mixture. Pour concrete continuously until work is completed. 8. Concrete Placement on Ground or Seal Slabs: a. Place concrete in footings after depth and character of foundation is observed. Place footing concrete upon seal slabs after caissons, cofferdams, excavations, forms, etc. are free from water and seal surface cleaned. b. Locate pumps or bailing equipment in sump outside of forms. Immediately before placing concrete, moisten subgrade to decrease absorption of moisture, if seal slab or waterproofing not required. c. With ENGINEER's approval, side forms in dry excavation may be omitted. Place column concrete monolithically unless otherwise provided. J. Curing Concrete: Keep forms tight against concrete, or remove with the approval of the ENGINEER and start curing operations. 1. Length of Curing: Cure concrete for 6 consecutive curing days. Cure high-early strength concrete for 3 consecutive curing days 2. Curing Methods: CONTRACTOR to select curing method that is compatible with protective coatings, sealants, and/or waterproofing materials (if any): CONCRERTE STRUCTURES 03112 - 9 a. Water Curing: Keep all exposed concrete surfaces wet continuously for the required curing time. 1) Place wet cotton mats as soon as practical after surface has hardened sufficiently to prevent damage to concrete. 2) Weight down mats to provide continuous contact with all concrete surfaces. 3) Use over lapping water sprays or sprinklers that keep all unformed surfaces continuously wet. 4) Use minimum of 2-inches of clean, granular material, kept wet at all times or minimum 1-inch depth of water. 5) Provide a dam or similar procedure to retain water or saturated sand. b. Membrane Curing: 1) Flat Concrete: Apply curing material as specified at the rate of coverage recommended by the manufacturer but not greater than 200 square feet per gallon using a pump type spray. Apply after concrete is set sufficient to bear full weight of applicator. 2) Formed Concrete: Apply curing material as specified as soon as practical after removing forms, at the rate of coverage recommended by the manufacturer but not greater than 200 square feet per gallon. 3) Formed concrete that is to be rub-finished: Apply curing material as specified as soon as rUbbing is finished. 4) Formed or flat concrete that is to be painted or waterproofed should be treated with curing material as specified as soon as possible after finishing and prior to application of paint or waterproofing material. K. Removal of Forms and Falsework: 1. Remove forms from surface to receive rubbed finish when concrete has attained adequate strength to prevent damage, and remove only as rapidly as rubbing operation progresses. 2. Re-wet wood forms or form lining left in place longer than 24 hours as required to keep them moist. 3. Remove forms and falsework from portions of structures that do not require rubbed finish, after the following number of curing days. a. Forms for falsework under slabs, beams, or girders - 7 days. b. Forms for walls, columns and piers - 2 days. 4. If cold weather continues below 40°F, form and falsework may be removed at the end of a period of calendar days equal to twice the number of curing days specified. L. Defective Work: Any defective work discovered after form removal to be repaired or replaced immediately at CONTRACTOR's expense. M. Concrete Surface Finish: For concrete having no special finish indicated, remove ties, fill holes, and remove fins and rough edges. Exposed concrete surfaces, other than floors, to have a rubbed finish except where noted on PLANS. 1. Monolithic Finish: Finish slabs, platforms, and steps monolithically between joints. Set screeds prior to concrete placement, and make sufficiently rigid to withstand impact of concrete being placed. Tamp concrete thoroughly to force coarse aggregate away from surface of slab, then float to secure hard surface. 2. Provide light broom finish unless otherwise directed by the ENGINEER. CONCRERTE STRUCTURES 03112 - 10 3. "Dusting" floor surfaces with dry material not permitted. Round edges at all expansion joints with suitable jointing or edging tools. 4. Unless otherwise noted, all interior concrete floor slabs are to be sealed with a concrete floor sealant. N. Exposed Aggregate Panels: 1. Forms for exposed aggregate panels to be sandblasted may be removed on the day following concrete placement (about 18 hours). Continue curing after sandblasting. Immediately after form removal, sandblast to a depth of from 3/8inch to 5/8-inch. Protect smooth surfaces adjacent to sandblasted panels during sandblasting. Coarse aggregate for raised panels range from Standard No.4 to 1%-inch gradation. 2. Exposed aggregate sandblasted surfaces are to receive a coat of curing material as specified. Preparatory work, application, and precautions in strict compliance with manufacturer's recommendations. O. Rub-Finished Surfaces: 1. General Requirements: Rub-finish exposed vertical and battered surfaces from 6inches below ground surface or from 6-inches below normal water level to top, except for small plinths and similar structures which extend less than 12-inches above finished grade. 2. Procedure: a. Start rubbing operations when concrete has attained adequate strength for form removal. Continue curing afterwards. b. Do necessary pointing as forms are removed. Remove forms only as rubbing progresses in order to prevent rapid hardening of surface to be rubbed. c. After pointing has set, wet surface with brush and give first surface rubbing with No. 16 Carborundum stone or equal. Rub sufficiently to bring surface to paste and to produce smooth dense surface without irregularities. Add no cement to form surface paste. d. Spread or brush material, which has been ground to paste, uniformly over surfaces and allow to take reset. Do not rub chamfered corners in first rubbing. Complete first rubbing within 36 hours after completion of concrete placement. e. For final acceptance, clean surfaces of structure and give final finish rubbing with No. 30 Carborundum stone or equal. After rubbing, strip surfaces with brush and allow mortar on surface to take reset; then wash surface with clean water. Leave structure with clean, neat, and uniform appearing finish. f. Apply a coat of curing material as specified. Preparatory work, application, and precautions in strict compliance with manufacturer's recommendations. P. Patching and Filling Holes: 1. Tie and Bolt Holes: a. Fill holes with cement mortar to which has been added white cement so that patches will not appear darker than adjacent concrete surface. Use mortar as dry as possible and pack into holes. b. Fill holes, entirely through concrete, with nonshrink grout from inside structure with a pressure gun or other device that will force mortar through to outside face. Strike off excess mortar flush and finish surface to make filled holes as inconspicuous as possible. CONCRERTE STRUCTURES 03112 - 11 c. Tapered form ties holes shall be filled as follows: 1) Heavy sandblast and clean tie holes. 2) After cleaning, drive neoprene plug into each of taper tie holes with a steel rod. Locate plugs within middle third of the wall thickness. Bond neoprene plugs to the concrete with epoxy. 3) Coat tie hole surfaces with epoxy and fill with cement mortar as specifed in paragraph a above. Place mortar in heavily compacted thin layers. 4) At tie holes on the water-side of water containing structures and on the outside of below grade walls, cover with an epoxy coating extending a minimum of 2 inches beyond the tie hole. 2. Honeycomb and Minor Defects: a. Patch slight honeycomb and minor defects in concrete with cement mortar mixed one part cement to two parts fine aggregate. Match color of adjacent concrete. b. Repair area by cutting out unsatisfactory material by chipping or other approved methods and replace with new concrete, securely keyed and bonded to old concrete, and finish so as to make joints as inconspicuous as possible. Use stiff mixture and thoroughly tamp into place. c. Use nonshrink grout for large honeycomb and for hydraulic structures with honeycomb sufficient to cause leakage through concrete. Q. Waterstops and Waterproofing: 1. Waterstops: a. Secure each edge of waterstop by tying with clean steel wire to reinforcing steel at intervals not to exceed one foot. b. Make waterstops continuous by heat sealing at splices as recommended by manufacturer. Minimum requirements are: 1) Only splicing of straight runs allowed in forms. Butt weld straight splices. 2) Fabricate all other waterstop joints at central location on jobsite or use factory fabricated joint intersections furnished by the waterstop manufacturer. 3) Miter and weld splices in expansion joint waterstops at directional changes bulb to bulb. Puncturing waterstops not allowed. 2. Waterproofing: a. Apply approved primer, as recommended by manufacturer of membrane, to clean, dry surface at rate of not more than 250 square feet per gallon, and allow to dry to tack-free condition before applying membrane. b. Apply membrane within 12 hours of priming, or re-prime surface. Apply membrane vertically or horizontally, wrinkle free, with a minimum of 2%inch overlaps and staggered. For horizontal application, upper course to lap over lower course. c. Repair accidental damage to membrane by spot application of material to damaged areas with minimum of 6-inch overlap in all directions. Exercise special care to ensure protection of waterproofing membrane from damage during backfill operations. R. Grouting: 1. 1. General Grouting: CONCRERTE STRUCTURES 03112 - 12 a. For general purposes, use mixture of one part Portland cement and two parts sand by weight. If space to be grouted is 1 inch or less in thickness and cannot be tamp grouted, use a mixture of one part Portland cement and one part sand by weight. If space to be grouted is large, use original concrete mixture. For grout to be tamped, use stiff mixture produced by prolonged mixing. b. To obtain stiff grout, mix mortar using amount of water required to thoroughly mix ingredients, then continue mixing without additional water until grout is stiff enough to be compacted by tamping when placed. c. For grouting blockouts for embedded pipes and similar items, use nonshrink grout as per Paragraph 2.01 G of this Specification Section. d. Prior to grout application remove curing material from concrete surface to assure bonding of grout to concrete. Apply curing material as specified to the grout after application. 2. Setting New Equipment: Use nonshrink epoxy grout as specified in Paragraph 2.02 G of this Specification Section. a. Clean surface to receive grout of laitance, grease, oil, organic matter, curing compound, and loose particles. Blowout bolt holes. Chip concrete to obtain a firm bond. b. Set grout forms true, level, tight, and well braced. Assemble equipment to be grouted before grouting. Clean baseplates and all items to be embedded and set in final position. Shim equipment bases for easy removal of shims. Moisten area to receive grout. Do not mix more grout than can be placed in 20 minutes. c. Place grout from one end or side only to avoid excessive air entrapment and to ensure good compaction. Work and rod grout continuously while it is being placed. d. After grout has attained full strength, remove shims. Replace grout damaged by shim removal with like material. e. Steel trowel exposed grout, and protect exposed area from drying out rapidly. Do not stress items embedded in grout, and do not operate equipment for 36 hours after grout is placed. 3.03 CLEANING A. Clean up area and remove excess material, dismantled forms and falsework, and debris during construction, and clean area completely and thoroughly after completion of the work herein described. 3.04 PROTECTION A. Protect finished concrete from damage or discoloration until final acceptance by the ENGINEER. END OF SECTION CONCRERTE STRUCTURES 03112 - 13 THIS PAGE INTENTIONALLY LEFT BLANK CONCRERTE STRUCTURES 03112 - 14 SECTION 03210 REINFORCING STEEL PART 1 - GENERAL 1.01 SUMMARY A. This Section includes the furnishing and subsequent placing of reinforcing steel, deformed and smooth, chairs, ties, splicing devices, and other reinforcing accessory items required to complete work as shown on PLANS and specified in other Specification Sections. 1.02 RELATED REQUIREMENTS (NOT USED) 1.03 REFERENCES A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. 1. American Concrete Institute (ACI) a. ACI315, ACI Detailing Manual Publication SP-66 2. American Society for Testing and Materials (ASTM) a. ASTM A82, Standard Specification for Steel Wire, Plain for Concrete Reinforcement b. ASTM A185, Standard Specification for Steel Welded Wire Fabric, Plain for Concrete Reinforcement c. ASTM A615/A615M, Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement 1.04 SUBMITTALS A. Submit the following in accordance with Specification Section 01300, "Submittals". B. Product data for all materials used. C. Shop drawings indicating location, placement, sizes, and bending. D. Certificate of Compliance: Submit certified copy of mill certificates of compliance with requirements herein specified. E. Special Equipment: Submit information on mechanical splicing devices, couplers, and all other reinforcing accessories. 1.05 QUALITY ASSURANCE A. Reinforcement and placement to be in accordance with the requirements and guidelines as specified within ACI 315. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver to jobsite free from dirt, loose scale and rust, paint, oil, or other foreign material. B. Store above surface of ground upon platforms, skids, or other supports, and protect from mechanical injury and surface deterioration caused by exposure to conditions producing rust or other damage. REINFORCING STEEL 03210 - 1 C. Handle so as not to sustain crimping, bending, or warping before and during placement. 1.07 MEASUREMENT AND PAYMENT A. No separate measurement or payment for work performed under this Section. Include cost of same in Contract price bid for work of which this is a component part. PART 2 - PRODUCTS 2.01 MATERIALS AND/OR EQUIPMENT A. General Requirements 1. Nominal size, area, and theoretical weight in accordance with ASTM A615/615M Table(s) 1a/1b. 2. Bending: Bends to be completed in shop, cold, true to shapes shown on PLANS. Any irregularities in bending are cause for rejection. Bars to be detailed in accordance with ACI 315. The inside diameter of bar bends, in terms of nominal bar diameter (d) of bar which is bent, to be in accordance with ACI 315. 3. Fabrication tolerances in accordance with ACI 315 except as necessary to satisfy clearance requirements indicated within Paragraph 3.01 A.2 of this Specification Section. 4. Splices a. Except where shown on PLANS, splices are not permitted without ENGINEER's prior written approval. b. Not permitted in main reinforcement at points of maximum stress, unless shown otherwise on PLANS. c. When not indicated on PLANS, but permitted with prior ENGINEER's written approval, subject to the following: 1) Not larger than NO.8 bars. 2) Not permitted in bars 30 feet or less in length, except vertical. 3) Splices center to center not less than 30 feet. 4) Maintain specified concrete cover. 5) Stagger main bar splices in adjacent bars a minimum of two splice lengths. d. Lap Splices 1) Lap bars in accordance with table shown on PLANS. 2) Lap bars so that both bars will be in the same plane parallel with the nearest concrete surface. e. All splices, whether mechanical, or coupler, to develop full strength of bar. B. Reinforcing Steel 1. Deformed, conforming to ASTM A615/A615M Grade 60. 2. Welded wire fabric conforming to ASTM A185. 3. Cold drawn steel wire conforming to ASTM A82. 4. Spiral reinforcement to be deformed bars conforming to ASTM A615/A615M, or smooth bars or wire conforming to ASTM A82. 5. Smooth dowels for expansion joints, conforming to ASTM A615/A615M Grade 60. C. Bar Supports: 1. Plastic Protected Bar Supports: CRSI Bar Support Specifications, Class 1Maximum Protection. REINFORCING STEEL 03210 - 2 2. Stainless Steel Bar Supports: CRSI Bar Support Specifications, Class 2Moderate Protection. 3. Bright Basic Wire Bar Supports: CRSI Bar Support Specifications, Class 3-No Protection. 4. Precast Concrete Block Bar Supports: CRSI Bar Support Specifications. Strength shall be equal to or greater than surrounding concrete. 5. Plastic Bar Supports: CRSI Bar Support Specifications. D. Epoxy: Unless otherwise specified or shown, the epoxy for grouting reinforcement into existing concrete to conform to the materials as specified in the Concrete Specification Section within these Contract Documents or as shown on PLANS. PART 3 - EXECUTION 3.01 ERECTION/INSTALLATION/APPLICATION AND/OR CONSTRUCTION A. Place reinforcing steel in positions indicated on PLANS and approved shop drawings. 1. Dimensions shown on PLANS are to centers of bars, unless otherwise noted. 2. Hold bars securely in place with tie wires and other approved means during placement of concrete. a. In plane of steel parallel to nearest surface of concrete, bars not to vary from placement shown on PLANS, by more than one-twelfth of spacing between bars. b. In plane of steel perpendicular to nearest surface of concrete, bars not to vary from placement shown on PLANS, by more than 3-inch. 3. Looped wire bar ties ("pig tails") will be permitted for concrete pavement only. Do not use looped wire bar ties ("pig tails") for structural concrete. 4. Do not tack weld reinforcing. 5. Space steel required distance from forms or earth by chairs or spacers as approved by the ENGINEER 6. Use precast concrete blocks or or steel chairs with sand plates to support reinforcing steel supported over soil. 7. Use stainless steel bar supports or steel chairs with stainless steel tips where the chairs are set on forms for concrete surfaces that will be exposed to weather, high humidity, or liquid. This includes soffits of concrete structural members over liquid containing areas. Plastic bar supports may be used in walls to provide required concrete cover on reinforcing bars. 8. Use plastic tipped metal chairs for all other applications unless otherwise noted or shown. 9. For pavement use plastic chairs as manufactured by Sheplers (or approved equal) or metal chairs to support all reinforcing steel. Space plastic or metal chairs 24-inch, center-to-center each way to support reinforcing in concrete pavement. Metal chairs to be secured with wire to the reinforcing steel. 10. Use heavy bolster to support bottom layer of reinforcing in abutment caps, bent caps, and other beams. 11. In bridge deck slab, use two rows of supports for bottom layer of reinforcing parallel to beams for each bay between beams. Use high chairs to support top layer. 12. Clean all mortar, mud, dirt, etc. from reinforcement before placing concrete. 13. Protect exposed steel from corrosion or other damage. REINFORCING STEEL 03210 - 3 14. Correct placement of steel to be verified by CONTRACTOR before concrete is placed. 15. Provide adequate support for reinforcement extending out of formwork to ensure proper alignment. 16. Tie reinforcing steel for all structural slabs at all intersections, except where spacing is less than one foot in each direction, alternate intersections only need to be tied. Tie reinforcing steel in concrete pavement at a minimum of alternate intersections. 17. For reinforcing steel cages for other structural members, tie steel at enough intersections to provide a rigid cage of steel. B. Grout reinforcing steel into existing concrete when shown on PLANS. 1. Holes to receive reinforcement may be wet or dry drilled using rotating machines only. 2. Drill holes within 3 inch of the location shown on PLANS. 3. Flush wet drilled holes with clean water to remove residue and blowout using oil free compressed air. 4. Blowout dry drilled holes with oil-free compressed air. 5. Clean oil-contaminated hole using appropriate solvents and bottle brush. Solvents to be flushed and hole blown out with oil-free compressed air. 6. Backfill over-drilled holes with epoxy grout. 7. Reinforcement grouted in place to be free of contaminants. Use the appropriate solvents and wire brushing to remove contaminants. 8. Provide adequate support for reinforcement to ensure alignment and maintain reinforcement in the center of the drilled hole. END OF SECTION REINFORCING STEEL 03210 - 4 APPENDIX A – DAVIS BACON WAGE RATE (THIS PAGE INTENTIONALLY LEFT BLANK) APPENDIX B – REQUIRED CONTRACT PROVISIONS (THIS PAGE INTENTIONALLY LEFT BLANK) APPENDIX B REQUIRED CONTRACT PROVISIONS REQUIRED CONTRACT PROVISIONS Table of Contents For all contracts 1. 2. 3. 4. 5. Debarment and Suspension Access to Records Retainage of Records – 3 Years Termination for Cause (>$10K) Admin., Contractual, Legal Remedies (>$150K) Pg. 1 Pg. 1 Pg. 1 Pg. 1 Pg. 2 In addition to preceding, provisions for construction contracts 6. HUD 4010 7. Davis Bacon and Copeland Anti-Kickback (>$2K) 8. Equal Opportunity Clause (>$10K) 9. Recovered Materials (Purchases>$10K) 10. Byrd Anti-Lobbying (≥$100K) 11. Contract Work Hours and Safety Standards Act 12. Section 3 Clause (>$100K & federal funding $200K) 13. Clean Air and Water Act (>$150K) Effective: 10/15/15 Pg. 3 Pg. 3 Pg. 4 Pg. 7 Pg. 7 Pg. 8 Pg. 8 Pg. 9 1 REQUIRED CONTRACT PROVISIONS Italics – Explanatory; not contract language § 200.326 Contract provisions. The non-Federal entity’s contracts must contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards. All Contracts THRESHOLD None None None >$10,000 >$150,000 PROVISION (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives must have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Grantees or subgrantees must retain all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the nonFederal entity including the manner by which it will be effected and the basis for settlement. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. CITATION 2 CFR 200 APPENDIX II (H) Formerly 24 CFR §85.36(i)(10) Formerly 24 CFR §85.36(i)(11) 2 CFR 200 APPENDIX II (B) 2 CFR 200 APPENDIX II (A) 2 Construction Contracts THRESHOLD >$2,000 for Davis Bacon and Copeland “Anti-Kickback” Act; >$100,000 for Contract Work Hours and Safety Standards Act >$2,000 (Satisfied with inclusion of HUD 4010) PROVISION HUD 4010 Federal labor standards provisions include: CITATION 1. Davis Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by DOL regulations (29 CFR part 5); 2. Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3); and 3. Contract Work Hours and Safety Standards Act See HUD 4010 contract language in Appendix F. Inclusion of this language into the construction contract satisfies contract requirements of the separate acts noted. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5) and with the Copeland “AntiKickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3): (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 31413144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give 2 CFR 200 APPENDIX II (D) 3 up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964– 1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ Therefore, include the following EO clause (not in italics) in construction contracts > $10,000: §60-1.4(b) Equal opportunity clause. >$10,000 (b) Federally assisted construction contracts. Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: 2 CFR 200 APPENDIX II (C) and 41 CFR §60-1.4(b) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, 4 demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every 5 subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance 6 of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. Purchase price > $10,000 ≥$100,000 [43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997; 79 FR 72993, Dec. 9, 2014] Per 2CFR 200.322 Procurement of Recovered Materials, Grantees, subgrantees, and their contractors must comply with section 6002 of the Solid Waste Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to 2 CFR 200 APPENDIX II (J) and 2 CFR 200.322 2 CFR 200 APPENDIX II (I) and 24 CFR §570.303 7 the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. >$100,000 (Satisfied with inclusion of HUD 4010) >$100,000 for contracts (And federal assistance >$200,000) (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. §135.38 Section 3 clause All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2 CFR 200 APPENDIX II (E) 24 CFR §135.38 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 8 contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135. F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations 9 >$150,000 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). (G) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251– 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 2 CFR 200 APPENDIX II (G) 10
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