HomeMy WebLinkAboutO-2004-2799
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
liUO~
Appropriation
Requested By: S Gillett
Source of Funds: Fund 43
Department: Public Wgrkli
Account Number: 043-9892-883-1100
Report:
Resolution:
Ordinance:
x
Amount Budgeted: $1,700,000
Exhibits: Ordinance
Amount Requested: $1,386,485
Exhibits: Bid Tabulation and Ene.ineer's Recommendation
Budgeted Item: YES
Exhibits
SUMMARY & RECOMMENDATION
Sealed bids were received from pre-qualified contractors on November 16, 2004 for the
construction of Fire Station No.2. Seven contractors pre-qualified under the terms of Section 2-
106 of the City's Code of Ordinances. Six bidders attended the mandatory Pre-bid Conference,
and four turned in bids. A bid tabulation is attached. The base bid and Alternate No. 1 (add) and
Alternate No.5 (deduct) were selected. Low bid with Alternate No.1 & 5 was submitted by
Hull & Hull, Inc. for a net price of$I,320,462. A five percent (5%) contingency of$66,023 is
also recommended.
Action Required by Council: Approve Ordinance authorizing the City Manager to execute a contract
with Hull & Hull, Inc. for the construction of Fire Station No.2 for a net cost of $1 ,320,462, with a five
percent (5%) contingency of $66,023.
I;}.-g -oct
Date
ORDINANCE NO. 2004 - .2 '11 ~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND HULL << HULL, INC., FOR THE CONSTRUCTION OF FIRE
STATION NO.2, APPROPRIATING $1,320,462.00 PLUS A CONTINGENCY OF
$ 6 6 , 023 . 00 , TO FUND SAID CONTRACT, KAlCING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The city Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
City Council appropriates the sum of
$1,320,462.00 plus a contingency of $66,023.00, from Fund 043,
Project No. 883, to fund said contract.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Codei and that this meeting has been open to the pUblic as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of December, 2004.
CITY OF LA PORTE
~LY~
By:
Alton E. Porter
Mayor
ATTEST:
'~~ AuJJ
Mar ha A. Gillett
City Secretary
APPROVED:
~tv.<
Knox W. Askins
City Attorney
2
DANSBY & MILLER 0 AlA 0 ARCHITECTS
November 22, 2004
Mr. Stephen L. Gillett
Director of Public Works
City of La Porte
La Porte, Texas 77571
RE: Fire Station No.2
CLP Project No. 99-2206
CLP Bid No.: 04039
D&M No.: 328-1
Dear Mr. Gillett:
In consideration of the bids received from the prequalified general contractors, we
recommend that a contact be awarded to the low bidder, Hull & Hull, Inc. to construct the
new Fire Station No.2 for the City of La Porte. Based upon the prequalification information
and our previous experience with Hull & Hull, Inc. we consider them as very qualified to
construct this facility. The contract amount including the Base Bid, and Alternates No. I and
No. 5 will be $1,320,462.00. Their bid requires a contract time of 240 calendar days to
substantially complete the work of this project. -
A list of the proposed preapproved subcontractors for mechanical, electrical and plumbing
work is attached.
Sincerely,
DANSBY & MILLER, AlA ARCHITECTS
cc: Romney E. Dansby - D&M
f\\\CO~6
'-\'\~'~\ V"
S7\O 't, t--~~
;\\\\~ , " \
C\1~1'J~
WILLIAM K. MILLER, AlA ROMNEY E. DANSBY, AlA
(713) 941-2751
102 E. EDGEBROOK, HOUSTON, TEXAS 77034
FAX (713) 941-5408
FIRE STATION NO.2 BID TABULATION
11/16/2004
IAddendum 1-3
YES
YES
YES
YES
ICALENDAR DAYS
240
240
300
240
All. No.1
Remove and Replace Existing Chain Link Fencing on West Property line.
All. No.2
Add Mechanical Yard Wall Screen, Gate and Slab.
All. No.3
Add Courtyard Yard Wall Screen, Gate and Slab.
All. No.4
Add Concrete Sollards to each side of Overhead Doors
All. No.5
Provide Polyester enamel finish in lieu of specified powdwe coat finish on Overhead Doors.
lIIIIII'AIA
'..
.. ..
.;~...
Document A101™ -1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT made as of the Twenty-second day of December in the year of Two Thousand and Four
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
City of LaPorte
604 W. Fairmont Pkwy
LaPorte, Texas 77571
Telephone Number: 281.471.5020
ADDlnONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AlA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
and the Contractor:
(Name, address and other information)
1
Hull & Hull, Inc., General Corporation
2223 Kelley Street
Houston, Texas 77026
Telephone Number: 713.699.2577
Fax Number: 713.699.2581
The Project is:
(Name and location)
City of LaPorte Texas Fire Station No.2
9710 Spencer Highway
LaPorte, Texas 77571
CLP Project. No. 99-2206
AlA Document A201-1997,
General Conditions of the
Contract for Construction, is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.
The Architect is:
(Name, address and other information)
Dansby & Miller, AlA Architects, Partnership
102 E. Edgebrook
Houston,Texas 77034
Telephone Number: 713.941.2751
Fax Number: 713.941.5408
This document has been
approved and endorsed by The
Associated General Contractors
of America.
The Owner and Contractor agree as follows.
AlA Document A101™ -1997. Copyright @1915, 1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/2112004 under Order
No.1 0001 05266_1 which expires on 03114/2005, and is not for resale.
User Notes: (1592063432)
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
S 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement ilit differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
The commencement date will be fixed in a notice to proceed.
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other
security interests, the Owner's time requirement shall be as follows:
Two Hundred Forty Calendar Days
S 3.2 The Contract Time shall be measured from the date of commencement.
S 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 240 days from the date
of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial
Completion of certaln portions of the Work.)
Portion of Work
SUbstantial Completion Date
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for
early completion of the Work.)
The Contractor and the Contractor's surety shall be liable for and shall pay the Owner the sums hereinafter
stipulated as liquidated damages for each calendar day of delay after the date established for substantial completion
in the Contract Documents until the work is substantially complete. From the compensation otherwise to be paid, the
Owner may retain the sum of $1,000.00, for each calendar day that the work remains uncompleted, which sum is
agreed upon as the proper measure of liquidated damages that the Owner will sustain per day upon the failure of the
Contractor to substantially complete the work in the time stipulated, and this sum is not to be construed in any sense
as a penalty.
ARTICLE 4 CONTRACT SUM
S 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be One Million Three Hundred Twenty Thousand Four Hundred Sixty-two
Dollars and Zero Cents ($ 1,320,462.00), subject to additions and deductions as provided in the Contract
Documents.
AlA Document A101T11-1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The
American Institute of Architects. Atl rights reserved. WARNING: This AlA Document is protected by U.s. Copyright Law and International Treaties. 2
Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may result in uvere civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/2112004 under Order
No.1 0001 05266_1 which expires on 03114/2005, and is not for resale.
User Notes: (1592063432)
S 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identi6cation of accepted alternates. If decisiollS on other alternates are to be made by
the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the
amount for each and the date when that amount expires)
Alternate No.1 - Chainlink Fencing: ADD $2,027.00.
Alternate No.5 - Apparatus Bay Doors: DEDUCT $18,229.00
S 4.3 Unit prices, if any, are as follows:
Description
Reference attached Exhibit A - Unit Prices
Units
Price ($ 0.00)
ARTICLE 5 PAYMENTS
S 5.1 PROGRESS PAYMENTS
S 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
S 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
S 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month,
the Owner shall make payment to the Contractor not later than the Twenty-fifth day of the same month. If an
Application for Payment is received by the Architect after the application date fixed above, payment shall be made
by the Owner not later than thirty (30 ) days after the Architect receives the Application for Payment.
S 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Application s for Payment
S 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
S 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of Five percent (
5.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in
dispute shall be included as provided in Section 7.3.8 of AlA Document A201-1997;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of Five percent ( 5.00%);
.3 Subtract the aggregate of previous payments made by the Owner; and
AlA Document A101TJ1-1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980, 1987, 1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. 3
Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may result in severa civil and criminal penahles, and wiH be
prosecuted to the maximum extent possible under thalaw. This document was produced by AlA software at 13:55:41 on 12/21/2004 under Order
NO.1 0001 05266_1 which expires on 03114/2005, and is not for resale.
User Notes: (1592063432)
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of AlA Document A201-1997.
S 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
.1 Add, upon Substantial Completion ofthe Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AlA Document A20l-l997 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document
A201-1997.
S 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(9 it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
Upon final completion of the work and the final certificate of payment is issued by the Architect, five percent
(5.00%) retainage shall be withheld from payments to the Contractor.
S 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
S 5.2 FINAL PAYMENT
S 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when:
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements,
if any, which extend beyond fmal payment; and
.2 a final Certificate for Payment has been issued by the Architect.
S 5.22 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
No later than 30 days after the issuance of the Architect's final Certificate for Payment.
ARTICLE 6 TERMINATION OR SUSPENSION
S 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document
A201-1997.
S 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-1997.
ARTICLE 7 MISCELLANEOUS PROVISIONS
S 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
S 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
AlA Document A101no -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987,1991 and 1997 by The
American Institute of Architects. All rights reHrved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. 4
Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may resull in severe civil and criminal penallies, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/2112004 under Order
No.1 0001 05266_1 which expires on 03114/2005, and is not for resale.
User Notes: (1592063432)
) per annum
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and
elsewbere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or
modifications, and also regarding requirements such as written disclosures or walvers.)
S 7.3 The Owner's representative is:
(Name, address and other information)
Mr. Steve Gillett
604 W. Fairmont Pkwy
LaPorte, Texas 77571
281.471.9650
S 7.4 The Contractor's representative is:
(Name, address and other information)
William C. Hull
2223 Kelley Street
Houston, Texas 77026
Telephone Number: 713.699.2577
Fax Number: 713.699.2581
Mobile Number: 713.545.5060
wchull@sanjac.net
S 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
S 7.6 Other provisions:
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
S 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
S 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and
Contractor, AlA Document A101-1997.
S 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA
Document A201-1997.
S 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
September 29, 2004 , and are as follows
Document
00800
Title
Supplementary Conditions of
the Contract for Construction
Pages
27
S 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Title of Specifications exhibit: Exhibit B, Table of Contents, Specification Sections listed under Construction
Products and Activities, Division I thru 16.
AlA Document A101T11 -1997. Copyright @ 1915,1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987,1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. 5
Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may resun in severe civil and criminal penanles. and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/21/2004 under Order
NO.1 0001 05266_1 which expires on 0311412005. and is not for resale.
User Notes: (1592063432)
S 8.1.5 The Drawings are as follows, and are dated as shown on exhibit unless a different date,iS shown below:
(Either list the Drawings here or refer to an exhibit aJtaChed to this Agreement.)
Title of Drawings exhibit: Exhibit C, Document 00015, List of Drawings.
S 8.1.6 The Addenda. if any, are as follows:
Number
I
2
3
Date
1110312004
11/1012004
11/1112004
Pages
lwithattacbmcnts
3 with RttsI('h1l'll!QtS
3 with SI~1I1lDs
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 8.
.'.
S 8.1.7 Other documents. if any, forming part of the Contract Documents arc as follows:
(List here any additional document3 that are intended to form part of the Contract Documents. AlA Document A201-
1997 provides that bidding requirement3 such as advertisement or invitation to bid, llUtructiolU to Bidders. sample
forms and the Contractors bid are not part of the Contract lJocuments unless enumerated in this Agreement. 1hey
should be listed here only ifintended to be part of the Contract Documents..)
Document 00811 - Wage Rates, 4 pages
This Agreement is entered into as of the day and year first
copies, of which one is to be delivered to the Contractor, 0
Contract, and the remainder to the Owner.
three original
. tration of the
AlA Document A101- -1997. Copyright 01915, 1918, 1925. 1937. 1951, 1958. 1981, 1983, 1987. 1974, 1977. 1980, 1987.1991 and 1997 by The
American .Instllula of An:hltects. All rights ~ ;.VARNING: This AlA Document Is protected by U.s. Copyright Law and International Treaties. e
Unautnonzea reprOductlon or distribution of this AlA Document. or any ponton of It. may result In ___ civil and criminal penaltl.., and will be
prosecuted to the maximum extent possible under the law. TNs dclc:un8lt _ pcoduced by AlA lIOftMu8 at 13:55;41 on 12/2112004 under Older
No.1 0001 05266_1 which expinIs on 03I1.v.!005. and Is not for 18SlIle.
U_ Hollis: (1592083432)
Exhibit "A"
1 PART TWO - PRODUCTS - (Not Applicable)
2 PART THREE - EXECUTION
1. UNIT PRICE SCHEDULE
A. Drilled Pier Footings: Reference Section 02466 Drilled Concrete Piers and Shafts
SCHEDULED SHAFT SHAFT CASING PER PROVIDE 2:1 BELL TO DRILL AS STRAIGHT
BELL SIZE FOOTING SHAFT RATIO (NO SHAFTS EQUAL TO SIZE
CASING) OF SCHEDULED BELL
Ref. notes 2, 3 Ref. note 3.
12/24 footing $100 $20 $105
12/30 footing $100 $35 $136
12/36 footing $100 $35 $195
14/42 footing $120 $40 $267
16/48 footing $120 $45 $365
18/54 footing $140 $50 $505
20/60 footing $200 $65 $657
20/48 footing $16 $55 $355
20/54 footin!!' $180 $60 $500
B. Notes for Drilled Pier Footings Unit Prices:
1. Insert "N/ A" for any footing sizes indicated herein but not indicated on the
drawings.
2. If the required shaft diameter will not be a standard diameter, the next largest size
shall be used.
3. Pier reinforcing requirements will not increase if shaft diameter increases, and shall
remain as scheduled.
4. The decision to use one of the above alternate footing installations and to determine
which installation is best suited shall be made by the geotechnical engineer at the
time of drilling. The procedure to be used shall be to try installing the original
design and if the footings cannot hold the required shape to allow proper
installation, then the best and least expensive alternate shall be used. The final
depth of the footing shall be determined and recorded by the geotechnical engineer
at the time of drilling.
5. Record of footing depths and locations of alternate footing construction shall be
maintained by the geotechnical engineer during drilling. This shall be the record
for payment of any additional cost.
END OF SECTION
Project No.: 328-1
01270-1
Exhibit "B"
PROJECT MANUAL
TABLE OF CONTENTS
DOCUMENT OR
SECTION
NO. OF PAGES
INTRODUCTORY INFORMATION
00015 LIST OF DRAWING..................................................... 2
BID REQUIREMENTS
NOTICE TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
00200 INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
00320 GEOTECHNICAL INFORMATION ....................................... 2
00410 BID FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
00430 BID SUPPLEMENT .................................................... 2
00451 SUBCONTRACTOR QUALIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
00452 SUBCONTRACTOR QUALIFICATION STATEMENT. . . . . . . . . . . . . . . . . . . . . . .. 2
00453 AFFIDAVIT OF NON-COLLUSION ....................................... 1
CONTRACTING REQUIREMENTS
00500 AGREEMENT (AIADOCUMENT A101) ................................... 1
00610 PERFORMANCE BOND ................................................ 2
00611 PAYMENT BOND ..................................................... 2
00612 ONE YEAR MAINTENANCE BOND ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
00700 GENERAL CONDITIONS (AIA DOCUMENT A201) ........................ 39
00800 SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 27
00811 WAGERATES ........................................................ 4
CONSTRUCTION PRODUCTS AND ACTIVITIES
DIVISION 1 - GENERAL REQUIREMENTS
01110 SUMMARY OF WORK ................................................. 2
01140 COORDINATION AND MEETINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
01210 ALLOWANCES........................................................ 3
01230 ALTERNATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
01310 CONSTRUCTION SCHEDULE........................................... 2
01330 SUBMITTAL PROCEDURES ............................................ 4
01410 QUALITY CONTROL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
01420 REFERENCE STANDARDS ............................................. 5
01450 TESTING LABORATORY SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3
Proj.No.328-J
Exhibit B
TOC-1
01500 TEMPORARY FACILITIES.............................................. 6
01560 TRENCH SAFETY SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
01572 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION............... 4
01573 FILTER FABRIC FENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
01574 REINFORCED FILTER FABRIC BARRIER................................. 3
01575 STABILIZED CONSTRUCTION EXIT. ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 4
o 1600 MATERIALS AND EQUIPMENT ......................................... 3
01732 CUTTING AND PATCHING ............................................. 4
01770 CLOSEOUT PROCEDURES ............................................. 7
DIVISION 2 - SITE CONSTRUCTION
02310 SITE CLEARING, GRADING AND FILLING ............................... 7
02315 BUILDING EXCAVATION AND FILL..................................... 4
02317 EXCAVATION AND BACKFILL FOR UTILITIES ........................... 4
02340 LIME STABILIZATION ............ .....................................4
02360 TERMITE TREATMENT ......... ....................................... 3
02466 DRILLED CONCRETE PIERS AND SHAFTS ............................... 6
02630 STORM DRAINAGE ................................................... 6
02750 CONCRETE PAVING, CURBS AND SIDEWALKS .......................... 6
02761 PAVEMENT MARKINGS AND WHEELSTOPS ............................ 3
02820 FENCING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
02895 PARKING SIGNS ...................................................... 3
02911 TOPSOIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
02921 HYDROMULCH SEEDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
DIVISION 3 - CONCRETE
03310 CAST IN PLACE CONCRETE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
DIVISION 4 - MASONRY
04200 UNIT MASONRY ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
DIVISION 5 - METALS
05120 STRUCTURAL STEEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
05210 OPEN WEB STEEL JOISTS.............................................. 6
05310 STEEL FORM DECK ................................................... 3
05400 COLD FORMED METAL FRAMING ...................................... 6
05500 METAL FABRICATIONS ............................................... 6
Proj .No.328-1
Exhibit B
TOC-2
DIVISION 6 - WOOD AND PLASTICS
06100 ROUGH & FINISH CARPENTRy......................................... 4
06220 MILLWORK .......................................................... 3
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07100 DAMPPROOFING & WATERPROOFING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
07210 BUILDING INSULATION ............................................... 4
07410 PREFORMED METAL PANELS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
07610 SHEET METAL ROOFING. . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 8
07620 SHEET METAL & TRIM ................................................ 4
07840 FIRES TOPPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
07920 JOINT SEALANTS .................................................... 10
DIVISION 8 - DOORS AND WINDOWS
08110 HOLLOW METAL DOORS & FRAMES ................................... 4
08221 PLASTIC FACED WOOD DOORS ........................................ 3
08331 ROLLING SERVICE DOOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
08365 OVERHEAD SECTIONAL DOOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
08410 ALUMINUM ENTRANCE DOORS AND FRAMES .......................... 5
08710 FINISH HARDWARE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11
08800 GLAZING ............................................................ 7
08817 FIRE-RATED GLASS................................................... 5
DIVISION 9 - FINISHES
09260 GYPSUM BOARD ASSEMBLIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
09310 CERAMIC TILE ....................................................... 4
09510 SUSPENDED ACOUSTICAL CEILINGS ................................... 4
09650 RESILIENT FLOORING AND BASE ...................................... 7
09910 PAINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
DIVISION 10 - SPECIALTIES
10165 TOILET PARTITIONS .................................................. 3
10210 METAL LOUVERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
10350 FLAGPOLE........................................................... 4
10441 BUILDINGGRAPHICS .................................................4
10500 LOCKERS ............................................................ 4
10670 STORAGE SHELVING.................................................. 2
10810 TOILET ROOM ACCESSORIES .......................................... 4
Proj .No.328-1
F"hihitR
TOC-3
DIVISION 11 - EQUIPMENT
11135 PROJECTION SCREENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
11450 RESIDENTIAL KITCHEN EQUIPMENT ................................... 3
DIVISION 12 - FURNISHINGS
12320 MANUFACTURED CASEWORK. . . ... . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . .6
12490 HORIZONTAL BLINDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
DIVISION 13 - SPECIAL CONSTRUCTION - Not Used
DIVISION 14 - CONVEYING SYSTEMS - Not Used
DIVISION 15 - MECHANICAL
15010 MECHANICAL GENERAL PROVISIONS ................................... 7
15025 OPERATING AND MAINTENANCE MANUALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15026 CONTRACT QUALITY CONTROL... . .... . . . . . . . . .. . . . . . . . . . . . . .... .. . . . . 3
15030 ELECTRICAL PROVISIONS OF MECHANICAL WORK. . . . . . . . . . . . . . . . . . . . . . . 3
15031 COORDINATION OF TESTING AND BALANCING. . . . . . .. . . . . . . . . . .. . . . . . . .2
15032 TESTING, BALANCING & ADJUSTING (TAB)
OFENVIRONMENTALSYSTEMS ..................................... ..12
15010 MECHANICAL GENERAL PROVISIONS ...................................7
15040 SHOP DRAWINGS, COORDINATION DRAWINGS & PRODUCT DATA ........6
15052 CONDENSATE DRAIN PIPING SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
15056 EARTHWORK......................................................... 8
15058 ACCESS DOORS ....................................................... 1
15080 PRESSURE AND TEMPERATURE INSTRUMENTS.......................... 3
1511 0 VALVES, STRAINERS AND VENTS . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15125 HEATING AND COOLING COILS......................................... 2
15200 VIBRATION ISOLATION ................................................ 4
15250 MECHANICAL PIPING INSULATION...................................... 7
15260 EXTERNAL DUCT INSULATION ......................................... 5
15403 PLUMBING FIXTURES AND FIXTURE CARRIERS ........ . . . . . . . . . . . . . . . . . . 5
15406 DOMESTIC WATER PIPING AND APPURTENANCES ....................... 3
15408 SOIL, WASTE AND SANITARY DRAIN PIPING, VENT PIPING
ANDAPPURTENANCES ...................... .......... ... .... .........4
15409 ROOF DRAINAGE PIPING AND APPURTENANCES . . . . . . . . . . . . . . . . . . . . . . . . .2
15410 GAS PIPING ........................................................... 3
15501 FIRE PROTECTION SySTEM............................................. 5
15651 REFRIGERANT PIPING AND APPURTENANCES........................... 2
15661 AIR COOLED CONDENSING UNIT........................................ 2
15760 ELECTRIC UNIT HEATERS (ADD NO.2) ..................................2
15763 AIR HANDLING UNITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Proj.No.328-1
Exhibit B
TOC-4
15810 DUCTWORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15820 FANS ................................................................. 5
15860 AIR DEVICES ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
15900 AUTOMATIC TEMPERATURE CONTROLS .............................. .12
DIVISION 16 - ELECTRICAL
16010 ELECTRICAL GENERAL PROVISIONS .................................... 9
16025 OPERATING AND MAINTENANCE MANUALS .............................6
16040 SHOP DRAWINGS, COORDINATION DRAWINGS, & PRODUCT DATA . . . . . . . . 7
16110 CONDUIT SYSTEMS. .. .. . . . .. . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .7
16115 ELECTRICAL GUTTERS AND WlREW A YS ................................ 2
16120 CONDUCTORS AND CONNECTORS...................................... 5
16121 ELECTRICAL CONNECTIONS FOR EQUIPMENT ...........................2
16130 ELECTRICAL BOXES AND FITTINGS ..................................... 4
16140 WIRING DEVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
16155 MOTOR STARTERS ....................................................4
16160 P ANELBOARDS AND ENCLOSURES. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 4
16170 SAFETY AND DISCONNECT SWITCHES.................................. 2
16180 FIRES TOPS ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
16181 FUSES ................................................................ 2
16401 ELECTRICAL SERVICE ENTRANCE ...................................... 1
16450 ELECTRICAL GROUNDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
16460 TRANSFORMERS ...................................................... 4
16501 LIGHTING FIXTURES AND LAMPS....................................... 4
16627 STANDBY GENERATOR SETS ...........................................9
16722 SMOKE DETECTION DEVICES FOR MECHANICAL EQUIPMENT. . . . . . . . . . . . . 2
16725 FIRE ALARM AND SMOKE DETECTION SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . 33
16945 MISCELLANEOUS ELECTRICAL CONTROLS AND CONTROL WIRING ....... 2
16950 ELECTRICAL CONT ACTORS ............................................ 3
Proj.No.328-1
Exhibit B
TOC-5
Exhibit "e"
DOCUMENT 00015
LIST OF DRAWINGS
COVER SHEET
CIVIL
C1.0 SITE GRADING AND UTILITY PLAN
C2.0 DRAINAGE PLAN
C3.0 CIVIL DETAILS, SITE DEVELOPMENT
C4.0 GENERAL NOTES, SITE DEVELOPMENT
SITE SURVEY DRAWING (INFORMATION ONLY)
ARCHITECTURAL
AO.OO CODE ANALYSIS, GENERAL INFORMATION
Al.OO SITE PLAN
A1.01 SITE DETAILS
Al.02 SITE DETAILS
A2.00 FLOOR PLAN, ROOM FINISH SCHEDULE, PLAN DETAILS
A2.01 CEILING PLAN
A2.02 ENLARGED FLOOR PLANS, INTERIOR ELEVATIONS
A2.03 ROOF PLAN
A3.00 BUILDING ELEVATIONS
A4.00 BUILDING SECTIONS
A4.01 WALL SECTIONS
A4.02 WALL SECTIONS
A4.03 WALL SECTIONS
A4.04 WALL DETAILS
A5.00 DOOR, FRAME & WINDOW SCHEDULES
A5.01 DOOR & WINDOW DETAILS
A5.02 DOOR & WINDOW DETAILS
STRUCTURAL
SO.OI
S1.01
S3.01
S4.01
S4.02
GENERAL NOTES
FOUNDATION PLAN
ROOF FRAMING PLAN
FOUNDATION DETAILS
FOUNDATION DETAILS
Proj.No.328-1
Exhibit C
00015-1
S6.01 ROOF FRAMING DET All.S
S6.02 ROOF FRAMING DETAILS
MECHANICAL, ELECTRICAL, PLUMBING
MEP1.01
M~.OI
M2.02
M2.03
M2.04
M2.05
E2.0t
E2.02
E2.03
E2.04
P2.01
P2.02
P2.03
ADD2.01
ADD2.02
ADD3.1
ADD3.2
ADD3.3
Proj.No.328.1
t:vl.tJ.,.;.r
MEP SITE PLAN
MECHANICAL FLOOR PLAN
MECH~CALFLOORPLAN
MECH~CALFLOORPLAN
MECH~CAL DET All.S
MECH~CALSCHEDULES
ELECTRICAL LIGHTING FLOOR PLAN
ELECTRICAL POWER FLOOR PLAN
ELECTRICAL ONE-LINE, SCHEDULES AND RISERS
ELECTRICAL DETAILS
PLUMBING FLOOR PLAN
PLUMBING DETAILS AND RISERS
PLUMBING SCHEDULES
ELEV A TIONS
DISCHARGE DRAIN PIPE
GATE DETAllB
METAL PANEL DETAILS
SOFFIT TRIM
END OF DOCUMENT
00015-2
DANSBY & MILLER [J AlA [J ARCHITECTS
,
DOCUMENT 00900
ADDENDUM NO. 1
. ...;1
...
DATE:
November 3, 2004
PROJECT NAME:
Fire Station No.2
City of La Porte, Texas
CLP Project No. 99-2206
CLP Bid No. 04039
. TO:
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This Addendum forms a part of the Contract Documents and modifies the original Bidding
Documents as noted below. Acknowledge receipt of this Addendum in the space provided on
the Bid Form. Failure to do so may subject Bidder to disqualification.
PROJECT NO.:
328-1
Pre-qualified Bidders
This Addendum consists of1 page and attachments as follows:
· DOCUMENT 00800 SUPPLEMENTARY CONDITIONS OF THE CONTRACT, 27 pages.
· DRAWING ADD1.0, Construction Project Sign
1 PART ONE - MODIFICATIONS TO PRIOR ADDENDA: Not Used
2 PART TWO - MODIFICATIONS TO CONTRACT REQUIREMENTS:
..
2.1 DOCUMENT 00800 - SUPPLEMENTARY CONDITIONS OF THE CONTRACT
FOR CONSTRUCTION: Delete and replace with revised document, pages 1
thru 27 attached to this addendum.
3 PART THREE - MODIFICATIONS TO SPECIFICATIONS:
3.1 SECTION 16725 - FIRE ALARM AND SMOKE DETECTION SYSTEM, Para.
2.01.A, add Silent Knight as an approved manufacturer subject to compliance
with specified requirements.
4 PART FOUR - MODIFICATIONS TO DRAWINGS: Not Used
END OF ADDENDUM NO.1
Proj. No. 328-1 00900-1
WILLIAM K. MILLER, AlA ROMNEY E. DANSBY, AlA 102 E. EDGEBROOK, HOUSTON, TEXAS 77034
(713) 941-2751 FAX (713) 941-5408
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The City f La Porte
Fire Stat on No.2
Alton E. P rter, Mayor 2" FONT
City ouncil I 112" FONT
~___DistdctL:_Mj haeLMo~teR_______ ~ __Dls_td_ct5~_ QuisHigby________
--- - -~ District 2---C~b ck_E!!!lelke~ ~_. ... s _ ALLarge A -_.emr.J>riflith~ . _n . . .-
_ _ District 3 - Hb,ward Ebow . ".::'~.. ______Djs1ric17=-_ ike_Clauseo__________
__ __Dlstrict 4.-_T mmy.Moser tr A:' _______AtLaJ-9-e_H--=_ _aJJy_Beasley___________
_ __O_E!t:>raFeazell ,City_Manag~L_____
_ _ _ __ _ _u____________u____~_._MikeBQaZi ._EireGhieL_~________ _______________________
.Assistant ire_Chiefs______
_ ____ __ ___ ________ ____James_W. .Crate._ Joseph_ LSease ..John C~D.unham__
_______________-.Dansby_&_MilleL _ __ JA_Arcbitects_____
__________Name_otGe eraLContractoL_____
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4 "X4 " TREATED PO&T
NOTES:
~I COLOR& &ELECTED BY ARCI-4ITECT
~2 BRACE &IGN TO PROviDE &TABLE IN&TALLATlON
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
The Supplementary Conditions contain modifications and additions to the General
Conditions of the Contract for Construction, AIA Document A20I, 1997 Edition. Where
any part of the AIA General Conditions is modified or voided by the Supplementary
Conditions, the unaltered portions shall remain in effect. The paragraph numbering system
of AIA Document A-20I, 1997 Edition is continued in the Supplementary Conditions.
ARTICLE 1 - GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
Add the following sentence to the end of Subparagraph 1.1.1:
The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall
prevail in case of an inconsistency with subsequent versions made through manipulatable
electronic operations involving computers.
Add Clause 1.1.1.1 to Subparagraph 1.1.1:
.1 The Contractor acknowledges and warrants that it has closely examined all the
Contract Documents, that they are suitable and sufficient to enable the Contractor to
complete the Work in a timely manner for the Contract Sum, and that they include all
work, whether or not shown or described, which reasonably may be inferred to be
required or useful for the completion of the Work in full compliance with all
applicable codes, laws, ordinances, and regulations.
1.1.3 THE WORK
Add Clauses 1.1.3.1 and 1.1.3.2 to Subparagraph 1.1.3:
.1 The Work shall include the obligation ofthe Contractor to visit the site of the project
before submitting a bid. Such site visit shall be for the purpose of familiarizing the
Contractor with the conditions as they exist and the character ofthe operations to be
carried on under the Contract Documents, including all existing site conditions,
access to the site, physical characteristics of the site and surrounding areas.
.2 Nothing in these General Conditions shall be interpreted as imposing on either the
Owner or Architect, or their respective agents, employees, officers, directors, or
consultants, any duty, obligation, or authority with respect to any items that are not
intended to be incorporated into the completed project, or that do not comprise the
....~..;
Work, including but not limited to the following: shoring, scaffolding, hoists,
weatherproofing, or any temporary facility or activity, because these are the sole
responsibility of the Contractor.
Add Subparagraphs 1.1.8, 1.1.9, 1.1.10 and 1.1.11
1.1.8 ADDENDA
Addenda are written or graphic instruments issued by the Architect prior to execution ofthe
Contract which modify or interpret the Bid Documents by additions, deletions,
clarifications, or corrections. Addenda shall become part of the Contract Documents, except
portions of Addenda relating to proposing requirements.
1.1.9 NOT IN CONTRACT (NIC)
Work not included in the work of this Contractor.
1.1.10 FURNISH, INSTALL AND PROVIDE
.1 The word "furnish" as used in these documents, shall mean "to supply and deliver to
the project site, ready for installation".
.2 The word "install" as used in these documents, shall mean "place in position for
service or use".
.3 The word "provide" as used in these documents, shall mean the same as "furnish and
install, complete and ready for intended use".
1.1.11 TECHNICAL TERMS
Technical terms not defined in the Contract Documents shall have the meanings given in
AlA "Glossary of Construction Industry Terms", 1991 Edition. Technical terms not defined
in this Glossary and used to describe items of Work and which so applied have a well
known technical or trade meaning, shall be held to have such recognized meaning.
1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
Add Subparagraphs 1.2.4 and 1.2.5 asfollows:
1.2.4 In the case of an inconsistency between the Drawings and Specifications or within
either Document not clarified by an Addendum, the Contractor is deemed to have included
the better quality or greater quantity of Work in the contract sum. Clarifications of the
inconsistency will be accomplished with the Contractor after award of Contract, and, if
necessary, an appropriate reduction in the Contract will be accomplished by Change Order.
?
1.2.5 In the case of an inconsistency, conflict or discrepancy between a reference standard
and the specifications, or with another reference standard, the contractor is deemed to have
included the more stringent requirements in the Bid. Clarifications of the inconsistency,
conflict or discrepancy will be accomplished as described in Subparagraph 1.2.4.
Add the following Subparagraph 1.6.2 to Paragraph 1.6
1.6.2 Contractor's Use ofInstruments of Service in Electronic Form.
1.6.2.1 The Architect may, with the concurrence of the Owner, furnish to the Contractor
versions of Instruments of Service in electronic form. The Contract Documents executed or
identified in accordance with Subparagraph 1.5.1 shall prevail in case of any inconsistency
with subsequent versions made through manipulatable electronic operations involving
computers.
1.6.2.2 The Contractor shall not transfer or reuse Instruments of Service in electronic or
machine readable form without the prior written consent of the Architect.
ARTICLE 2 - OWNER
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
Delete Subparagraph 2.2.5 in its entirety and replace it with the following:
2.2.5 The Contractor will be furnished free of charge 25 copies of Drawings and Project
Manuals. Additional sets will be furnished at the cost of reproduction, postage, handling and
delivery.
Add Subparagraph 2.2.6
2.3 OWNER'S RIGHT TO STOP THE WORK
At Subparagraph 2.3.1, Add Clause 2.3.1.1:
.1 Any delay resulting from such work stoppage shall not extend any Milestone Date
identified in the Contract for Construction or the required dates of Substantial or
Final Completion.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
Delete Subparagraph 2.4.1 in its entire~v and replace it with the following:
2.4.1 If the Contractor defaults or neglects to carry out the work in accordance with the
Contract Documents and fails within seven (7) calendar days after receipt of written notice
from the Owner to commence and continue correction for such default or neglect with
':\
...,)
diligence and promptness, the Owner may, without prejudice to other remedies the Owner
may have, immediately correct such deficiencies. In such case, an appropriate Change Order
shall be issued deducting from paYments then or thereafter due the Contractor the cost of
correcting such deficiencies, including Owner expenses and compensation for the
Architect's additional services and expenses made necessary by such default, neglect or
failure such Change Order shall be deemed signed by the Contractor for the purposes stated
in Subparagraph 7.2.1 even if the Contractor fails to physically sign such Change Order.
ARTICLE 3 - CONTRACTOR
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
At Subparagraph 3.2.1, add Clause 3.2.1.2
.2 The Contractor shall examine the site of the Work and adjacent premises and the
various means of approach to the site, and shall make all necessary investigations in
order to inform itself thoroughly as to the character and magnitude of all work
involved in the complete execution of the work shown in the Contract Documents.
The Contractor shall further inform itself as to the facilities for delivering, handling,
and installing the construction plant and other equipment and the conditions and
difficulties that will be encountered in the performance of the Work. No plea of
ignorance of condition that exist or that may hereafter exist, or ofthe difficulties that
will be encountered in the performance of the work, as a result of failure to make
necessary examinations and investigations, will be accepted as sufficient excuse for
any failure or omission on the part of the Contractor to fulfill in every detail all the
requirements of the Contract Documents or will be expected as a basis for any claim
whatsoever for extra compensation or for an extension of time.
Add the following after first sentence of Subparagraph 3.2.2:
The accuracy of grades, elevations, dimensions, or locations of existing conditions is not
guaranteed by the Architect or Owner, and the Contractor is responsible for verifying same.
Add Subparagraphs 3.2.4,3.2.5,3.2.6 and 3.2.7 asfollows:
3.2.4 The Contractor shall not be entitled to additional compensation for the "rework
portion" of any additional work caused by failure to carefully study and compare the
contract documents prior to execution of the work.
3.2.5 The Contractor shall make reasonable attempt to interpret the Contract Documents
before asking the Architect for assistance in interpretation. The Contractor shall not ask the
Architect for observation of work prior to the Contractor's field superintendent's personal
inspection of the work and determination that the work complies with the Contract
Documents.
4
3.2.6 If, in the opinion of the Architect, the Contractor does not make a reasonable effort
to comply with the above requirements of the Contract Documents and this causes the
Architect or his consultants to expend an unreasonable amount of time in the discharge of
the duties imposed on him by the Contract Documents, then the Contractor shall bear the
cost of compensation for the Architect's Additional services made necessary by such failure.
The Architect will give the Contractor prior notice of intent to bill for Additional services
related to Articles 3.2.5, 3.2.6 and 3.12 before Additional services are performed.
3.2.7 If the Contractor has knowledge that any of the products or systems specified will
perform in a manner that will limit the Contractor's ability to satisfactorily perform the work
or to honor a Warranty, the Contractor shall promptly notify the Architect in writing,
providing substantiation for his or her position. Any necessary changes, including
substitutions of materials, shall be accomplished by appropriate modification.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
Delete Subparagraph 3.3.2 in its entirety and replace it with the following:
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors, and their agents and employees, and any other
persons or entities performing portions of the Work for or on behalf of the Contractor, or
with any of its subcontractors, or sub-subcontractor, supplier or similar party in privity with
the Contractor, and for any damages, losses, costs and expenses, including but not limited to
attorneys fees, resulting from such acts and omissions.
Add Subparagraphs 3.3.4 and 3.3.5
3.3.4 The Contractor shall inspect all materials delivered to the premises and shall reject
any materials that will not conform with the Contract Documents when properly installed.
3.3.5 The Contractor shall be responsible for and coordinate any and all inspections
required by any governmental body that has jurisdiction over the Project. Failure to obtain
any permits, licenses, or other approvals because ofthe failure of the Contractor to conform
to this requirement shall not extend the Contract Time, and the Contractor shall not be
entitled to an increase in the Contract Sum therefor.
3.4 LABOR AND MATERIALS
Delete Subparagraph 3.4.2 and substitute the following:
3.4.2 After the Contract has been executed, the Owner and Architect will consider a
fornlal request for the substitution of products in place of the specified only under the
conditions set forth in Section 01600 Materials and Equipment. By making requests for
substitutions, the Contractor:
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.1 represents that the Contractor has personally investigated the proposed substitute
product and determined that it is equal or superior in all respects to that specified;
.2 represents that the Contractor will provide the same warranty for the substitution that
the Contractor would for that specified;
.3 certified that the cost data presented is complete and includes all related costs under
this Contract except the Architect's redesign costs, and waives all claims for
additional costs related to the substitution which subsequently become apparent; and
.4 will coordinate the installation of the accepted substitute, making such changes as
may be required for the Work to be complete in all respects.
Add the following Subparagraph 3.4.4. to Paragraph 3.4
3.4.4 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the
Architect to evaluate the Contractor's proposed substitutions and to make agreed-upon
changes in the Drawings and Specifications made necessary by the Owner's acceptance of
such substitutions.
3.5 WARRANTY
Add Subparagraphs 3.5.2 and 3.5.3 asfollows:
3.5.2 In the event of failure of a specified product, either during construction or the
warranty period, the Contractor shall take appropriate measures with the manufacturer ofthe
product to assure correction or replacement of the defective products.
3.5.3 All warranty requests will be handled in a manner consistent with the nature and
severity of the request, i.e. an emergency request as defined by the potential to harm,
endanger, damage or destroy property will be responded to immediately.
3.6 TAXES
Add Subparagraphs 3.6.2 and 3.6.3 asfollows:
3.6.2 The Owner qualifies for exemption from state and local sales and use taxes pursuant
to the provisions of the Texas Limited Sales, Excise and use Tax Act (Taxation - General,
Article 20.04, Vemons Texas Civil Statues). The Contractor shall claim exemption from
payment of applicable State taxes by complying with such procedures as may be prescribed
by the Sate Comptroller of Public Accounts.
3.6.3 The Contractor will complete the certificate of exemption from the Texas Limited
Sales, Excise and Use Tax in the amount of that portion of his bid which is charged for
materials and tangible work covered by the Contract, and in an amount not less than the
actual cost of such materials to the Contractor.
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3.7 PERMITS, FEES AND NOTICES
At Subparagraph 3.7.1, Add Clauses 3.7.1.1,3.7.1.2 and 3.7.1.3 asfollows:
.1 All City of La Porte permit fees associated with this project shall be waived.
.2 The Contractor shall be responsible for obtaining and paying for all County Permits,
Inspection Fees and Plan Checking Fees; temporary utility charges, tap charges, water
meter charges and any other similar fees assessed by jurisdictional authorities having
control over this Project other than the City of La Porte.
.3 Fees payable to the Texas Department of Licensing and Regulation (TDLR) for
document review relative to the Elimination of Architectural Barriers shall be paid by
the Owner, and the Architect will submit the documents to the TDLR for review and
approval.
3.9 SUPERINTENDENT:
Add Subparagraph 3.9.2 as follows:
3.9.2 The Superintendent shall be satisfactory to the Owner and shall not be changed
without the prior written consent of the Owner, unless the Superintendent leaves the
employment of the Contractor. No increase in Contract time or Contract Sum shall be
allowed in the event the Owner or Architect objects to any nominated superintendent.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
Subparagraph 3.10.2, delete the word "approval ", substitute the word "review", and add
the following at the end of the paragraph.
Neither the Contractor's preparation nor the Architect's receipt or review shall modify the
Contractor's responsibility to make required submittals or to do so in a timely manner to
provide for review in accordance with subparagraph 4.2.7.
Add Clauses 3.10.2.1 and 3.10.2.2:
.1 The schedule of submittals shall be submitted along with the construction schedule.
.2 Submission of the schedule shall not relieve the Contractor of its obligations
to meet the time limits of the Contract.
Add Subparagraph 3.10.4 as follows:
3.10.4 The Contractor shall submit to the Architect, with each monthly Application for
Payment; a copy ofthe progress schedule updated to reflect the current status ofthe project.
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3.11 DOCUMENTS AND SAMPLES AT THE SITE
Add Subparagraph 3.11.2 and 3.11.3 asfollows:
3.11.2 The Contractor shall post all Addenda on Construction Documents prior to
commencing work at the site.
3.11.3 The Contractor shall maintain all approved permit drawings and other documents at
the site, so as to make them accessible to inspectors, the Architect, and the Owner at all
times that the work is in progress. Such documents shall be delivered to the Architect before
final payment.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Add Subparagraphs 3.12.11 and 3.12.12 to Paragraph 3.12:
3.12.11 The Architect's review of Contractor's submittals will be limited to examination
of an initial submittal and two (2) resubmittals. The Architect's review of Additional
submittals will be made only with the consent of the Owner after notification by the
Architect. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the
Architect for evaluation of such Additional resubmittals.
3.12.12 Detailed requirements for submittals are described in Section 01330 Submittal
Procedures.
3.14 CUTTING AND PATCHING
Add Subparagraph 3.14.2
3.14.2 Detailed requirements for cutting and patching are described in Section 01732
Cutting and Patching.
3.15 CLEANING UP
Add Subparagraph 3.15.3 as follows:
3.15.3 Upon completion of the Work, Contractor shall provide final clean-up of all
surfaces, without limitation. Reference requirements of Section 01770 Closeout Procedures.
3.18 INDEMNIFICATION
Delete Subparagraphs 3.18.1 and replace with the following:
3.18 .1 To the fullest extent permitted by law, the Contractor shall hold harmless, defend
and indemnify the Owner, Architect, consultants and agents and employees of any ofthem
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(collectively, "Indemnities" from and against all claims, damages, losses and expenses of
any nature, including, but not limited to, reasonably necessary attorney fees and any other
expenses oflitigation, arising out of or resulting from performance ofthe Work, but only to
the extent caused by the negligent acts or omissions of the contractor, a Subcontractor, or
anyone directly or indirectly employed by them or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by
negligence of a party indemnified hereunder. The defense obligation hereunder shall be by
reimbursement of counsel chosen by the indemnities. If any portion of this indemnity
provision is found unenforceable for any reason, then the unenforceable portion shall be
stricken and all remaining portions shall be enforced. The obligations ofthis provision shall
not be construed to negate, abridge, reduce any other rights or obligations of indemnity
which would otherwise exist as to an Indemnitee.
Add Subparagraphs 3.19 and 3.20 asfollows:
3.19 PREVAILING WAGE RATES
3.19.1 No employee used in this construction may be paid less than the minimum wage rate
provided in Document 00811, Prevailing Wage Requirements.
3.20 ANTITRUST VIOLATIONS
3.20.1 To permit the Owner to recover damages suffered in antitrust violations, the
Contractor shall assign to Owner any and all claims for overcharges associated with this
Contract which arise under the antitrust laws ofthe United States, 15 U.S.C.A., Section 1
et.seq. (1973). The Contractor shall include this provision in its agreements with each
Subcontractor and Supplier. Each Subcontractor shall include such provisions in
agreements with Sub-subcontractors and Suppliers.
ARTICLE 4 - ADMINISTRATION OF THE CONTRACT
4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
Add Clause 4.2.2.1 to Subparagraph 4.2.1:
.1 The Contractor shall reimburse the Owner for compensation paid to the Architect for
additional site visits made necessary by the fault, neglect or request ofthe Contractor.
4.3 CLAIMS AND DISPUTES
.1 If a Claim is made under or subject to a statute requiring notice periods longer than
those specified in this Subparagraph, such notice periods may, at the Owner's sole
opinion, be extended as provided in the statute, but only for the portion ofthe Claim
made under the statute, and in no event shall the notice period hereunder exceed 61
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days. Claims not made in accordance with this Subparagraph shall be deemed
waived.
Add the following Clause 4.3.5.1 to Subparagraph 4.3.5:
.1 No increase in the Contract Sum will be granted for delays caused by or resulting
from normal or abnormal weather conditions.
Add the following Clauses 4.3.7.3 and 4.3. 7.4 to Subparagraph 4.3.7.
.3 Claims for increase in the Contract Time shall set forth in detail the circumstances
that form the basis for the Claim, the date upon which each cause of delay began to
affect the progress of the Work, the date upon which each cause of delay ceased to
affect the progress ofthe Work and the number of days increase in the Contract Time
claimed as a consequence of each such cause of delay. The Contractor shall provide
such supporting documentation as the owner may require including, where
appropriate, a revised construction schedule indicating all the activities affected by
the circumstances forming the basis of the Claim.
.4 The Contractor shall not be entitled to a separate increase in the Contract Time for
each one of the number of causes of delay which may have concurrent or interrelated
effects on the progress of the Work, or for concurrent delays due to the fault of the
Contractor.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
Delete the entire section, Subparagraphs 4.4.1 through 4.4.8, inclusive, and replace with the
following:
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The General process for dispute resolution shall be:
· Architect renders a decision
. Semor Representatives meet to resolve dispute
. Mediation
. Arbitration
4.4.2 Decision of Architect. Claims, submitted in writing, including those alleging an error or
omission by the Architect shall be referred initially to the Architect for decision. An initial
decision by the Architect shall be required as a condition precedent to the meeting of Senior
Representatives, mediation, or arbitration of all claims between Contractor and Owner arising
prior to the date final payment is due, unless thirty (30) days have passed after the claim has
been referred to the Architect with no decision having been rendered by the Architect. The
Architect will not consider disputes between the Contractor and persons or entities other than the
Owner.
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4.4.3 Architect Review. The Architect will review claims and within ten (10) days of receipt
of the claim take one or more of the following actions: (a). request additional supporting data
from the claimant or a response with supporting data from the other party, (b). reject the claim in
whole or in part, (c). approve the claim, (d). suggest a compromise, or (e). advise the parties that
the Architect is unable to resolve the claim if the Architect lacks sufficient information to
evaluate the merits of the claim.
4.4.3.1 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect
or the Owner may notify the Surety, if any, of the nature and amount of the Claim. If
the Claim relates to the possibility of a Contractor's default, the Architect or the
Owner may notify the surety and request the surety's assistance in resolving the
controversy.
4.4.3.2 If a claim relates to or is the subject of a mechanic's lien, the Party asserting such
claim may proceed in accordance with applicable law to comply with the lien notice
or filing deadlines prior to resolution of the claim by the Architect, the meeting of
Senior Representatives, mediation, and/or arbitration.
4.4.4 Evaluating Claims. In evaluating claims, the Architect may consult with or seek
information from either party or from persons with special knowledge or expertise who may
assist the Architect in rendering a decision. The Architect shall request the Claimant to
authorize retention of such a person at the Claimant's expense.
4.4.5 Claim or Information Response. Ifthe Architect requests a party to provide a response to
a claim or to furnish additional supporting data, such party shall respond, within ten (10) days
after receipt of such request, and shall either provide a response on the requested supporting
data, advise the Architect when the response or supporting data will be furnished or advise the
Architect that no supporting data will be furnished. Upon receipt of the response or supporting
data, if any, the Architect will either reject or approve the claim in whole or in part.
4.4.6 Approval/Rejection of Claims. The Architect will approve or reject claims by written
decision, which shall state the reasons therefore and which shall notify the parties of any change
in the Contract Sum or Contract Time or both. The approval or rejection of a claim by the
Architect shall be final and binding on the parties but subject to negotiations between Senior
Representatives, mediation, and arbitration, as more particularly set forth below.
4.4.7 It is agreed that in all cases involving an appeal from an Architect's Decision pertaining
to Decisions on Requirements of Contract Documents and Acceptability of Work and Claims
and Disputes (Supplementary Conditions Articles 4.4 through Article 4.6, inclusive), such
appeal shall be taken within the stated thirty (30) days of the time of filing of written notice of
intention to appeal. Furthermore, the parties agree to submit claims based on an appeal of the
Architect's Decision under these Supplementary Terms and Conditions (Articles 4.4 through
Article 4.6, inclusive).
4.4.8 In addition, the parties will attempt in good faith to resolve any controversy or claim
arising out of or relating to this agreement, or breach thereof, (subject to the procedures
established under Supplementary Terms and Conditions (Article 4.4) for submission of claims
for the Architect's Decision) promptly by negotiation between Senior Representatives of the
parties before submission of the claim or controversy to mediation or arbitration.
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4.4.9 Conference between Senior Representatives: The disputing party shall give the other
party written notice of appeal of the dispute including the architect. Within ten (10) days after
receipt of said notice, the receiving party shall submit to the other a written response. The notice
and response shall include (a) a statement of each party's position and a summary of the
evidence and arguments supporting its position, and (b) the name and title of the Senior
Representatives who will represent that party. The Senior Representatives shall meet at a
mutually acceptable time and place within twenty (20) days of the date ofthe disputing party's
notice and thereafter as often as they reasonably deem necessary to exchange relevant
information and to attempt to resolve the dispute.
4.5 MEDIATION
4.5.1 Delete the entire section, Subparagraphs 4.5.1 through 4.5.3, inclusive, and replace
with the following:
4.5 MEDIATION
4.5.1 Ifthe controversy or claim has not been resolved within thirty (30) days ofthe meeting
of the Senior Representatives, the parties agree to settle the dispute by mediation administered
by the American Arbitration Association under its Construction Industry Mediation Rules before
resorting to arbitration. The request may be made concurrently with the filing of a demand for
arbitration, but, in such event, mediation shall proceed in advance of arbitration, which shall be
stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for
a longer period by agreement of the parties.
4.5.2 For any controversy or claim to mediation under the terms of this contract in which no
party's total disclosed claim or counter-claim exceeds $75,000, exclusive of interest, the parties
shall participate in mediation under the Fast Track Procedures as set forth in the Construction
Industry Mediation Rules of the American Arbitration Association.
4.5.3 Where no party's claim exceeds $10,000, exclusive of interest, and in other cases where
the parties agree, the dispute shall be resolved by submission of documents, as provided for in
Rule F-9 of the Fast Track Procedures of the Construction Industry Mediations Rules of the
American Arbitration Association.
4.5.4 The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is mutually agreed
upon. Agreements reached in the mediation shall be enforceable as settlement agreements in any
court having jurisdiction thereof.
4.6 ARBITRATION
4.6.1 Delete the entire section, Subparagraphs 4.6.1 through 4.6.6, inclusive, and replace
with the following:
4.6 ARBITRATION
4.6.1 If the matter has not been resolved pursuant to the aforesaid mediation procedure within
sixty (60) days of the commencement of such procedure, (which period may be extended by
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agreement), the controversy shall be settled by arbitration in accordance with Federal Mediation
and Conciliation Service rules by a sole arbitrator. The Arbitration shall be governed by the
United States Arbitration Act, 9 U.S.c. &1-16, and judgment upon the award rendered by the
Arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall
be Harris County. The arbitrator is not empowered to award damages in excess of actual
damages, including punitive damages.
ARTICLE 5 - SUBCONTRACTORS
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK
Delete Subparagraph 5.2.1 in its entirety and replace it with the following:
5.2.1 The Contractor as soon as practicable after award of the Contract but no later than 10
days prior to the submittal date for the Contractor's First Application for Payment, shall
furnish in writing to the Owner through the Architect the names of the persons or entities
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for each principal portion of the Work. Regarding proposed persons or entities
listed to perform portions ofthe Work the Architect will promptly reply to the Contractor in
writing stating whether or not the Owner or the Architect, after due investigation, has
reasonable objection to any such person or entity. Owner or Architect failure to reply
promptly shall constitute notice of no reasonable objection. Failure of the Contractor to
submit the subject names in a timely manner will delay processing of the Contractor's
Application for Payment.
At Subparagraph 5.2.4, Add the following sentence:
Prior to such change the Contractor shall notify the Architect of his intent and reasons for
such proposed changes.
ARTICLE 7 - CHANGES IN THE WORK
7.1 GENERAL
Add Subparagraph 7.1.4 asfollows:
7.1.4 The combined overhead and profit included in the total cost to the Owner of a
change in the Work shall be based on the following schedule.
.1 For the Contractor, for Work performed by the Contractor's own forces, a maximum
total markup of 10 percent of the actual cost.
.2 For the Contractor for Work performed by the Contractor's Subcontractor(s), 5
percent of the amount due the Subcontractor(s).
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.3 For each Subcontractor or Sub-Subcontractor involved, for Work performed by that
Subcontractor's or Sub-Subcontractor's own forces, a maximum markup of 10
percent of the actual cost.
A For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontrac-
tor's 5 percent of the amount due the Sub-subcontractor.
.5 Cost to which overhead and profit is to be applied shall be determined in accordance
with Subparagraph 7.3.6.
.6 In order to facilitate checking of quotations for extras or credits, all proposals except
those so minor that their propriety can be seen by inspection, shall be accompanied
by a complete itemization of costs including labor and materials. Subcontracts,
Labor and materials shall be itemized in the manner prescribed above. Where major
cost items are Subcontracts, they shall be itemized also.
Subparagraph 7.3.6, at the end of the first sentence, delete "a reasonable allowance for
overhead and profit" and substitute "an amount for overhead and profit in accordance with
the schedule indicated in Subparagraph 7 .1A".
ARTICLE 8 - TIME
8.1 DEFINITIONS
Delete subparagraph 8.1.2 in its entirety and replace it with the following:
8.1.2 Unless agreed otherwise, the date inserted on the Agreement form and the Date of
Commencement of the Work shall be as follows:
.1 The date inserted on the first page of the Agreement form will be the date the Owner
formally awards the Contract. As soon as feasible after receipt of Bids the Architect
will present Agreement forms to the Contractor for review and signature; the
Contractor will be allowed a maximum of five (5) days from the date the prepared
Agreements are presented to (1) obtain the required bond forms and insurance
certificates and (2) return the executed Agreements and supporting documents to the
Architect for transmittal to the Owner for final review and execution.
.2 The Date of Commencement ofthe Work is the date that either (1) the fully executed
Agreement or (2) a written Notice to Proceed is delivered to the Contractor.
At Subparagraph 8.1.4 add Clauses 8.1.4.1,8.1.4.2 and 8.1.4.3
.1 Calendar Days: The Contract Time is established in Calendar Days. Extensions of
time granted for Regular work Days lost, if any, will be converted to Calendar Days.
.2 Holidays: The days officially recognized by the construction industry in this area as a
holiday; normally limited to the observance of New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day and the day after, and Christmas Day.
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.3 A working day is defined as any day not including Saturdays, Sundays or any legal
holidays, in which weather and conditions, under the Contractor's control will permit
construction of the principal units of the work for a period of not less than five (5)
continuous hours between 8:00 a.m. and 5:00 p.m.
8.2 PROGRESS AND COMPLETION
At Subparagraph 8.2.3 add Clauses 8.2.3.1 and 8.2.3.2
.1 All work shall be substantially complete on or before the date established in the
Agreement.
.2 Reference Paragraph 9.11 for liquidated damages if the work is not substantially
complete by this date, or time extensions granted in accordance with applicable
provisions of Paragraph 8.3.
8.3 DELAYS AND EXTENSIONS OF TIME
Delete Subparagraph 8.3.1 in its entirety and replace it with the following:
8.3.1 If the Contractor is delayed at any time in the commencement or progress of the
Work by any wrongful act or neglect of the Owner or Architect, or by an employee of either,
or 0 f a separate contractor emp loyed by the Owner, or by changes ordered in the Wark, or by
labor disputes, fire, unusual delays in deliveries, unavoidable casualties, or other causes
beyond the Contractor's control, or by other causes which the Architect determines may
justify the delay, then the Contract Time shall be extended by Change Order for such
reasonable time as the Architect and Owner may determine.
ARTICLE 9 - PAYMENTS AND COMPLETION
9.3 APPLICATIONS FOR PAYMENT
Delete Subparagraph 9.3.2 in its entirety and replace it with the following:
9.3.2 Payments will be made on account of materials or equipment (1) incorporated in the
Work and (2) suitably stored at the site.
Payments for materials or equipment stored on site shall be conditioned upon submission by
the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish
the Owner's title to such materials or equipment or otherwise protect the Owner's interest.
Under no circumstances will the Owner reimburse the Contractor for down payments,
deposits, or other advance payments for materials or equipment.
Add Subparagraph 9.3.4 asfollows:
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9.3.4 The Contractor shall submit requests for payment in quadruplicate, using AIA
Document G702, Application and Certificate of Payment, as the cover sheet. Continuation
sheets showing in detail the amounts requested, etc., shall be submitted using AIA
Document G703, Continuation Sheet, or a computerized version of these documents
previously approved for use. The information provided on the continuation sheets in the
Description of the Work and Scheduled Values columns shall match the corresponding
information shown on the approved Schedule of Values. All blank spaces on AIA
Document G702, Application and Certificate of Payment must be completed and the
signatures of the Contractor and Notary Public shall be original on each form. By
submitting application for payment, the Contractor certifies that the individual signing the
application is authorized to do so.
9.6 PROGRESS PAYMENTS
Delete Subparagraph 9.6.1 in its entirety and replace it with the following:
9.6.1 After the Architect has issued a Certificate of Payment, with the signatures of the
Architect and designated representative of the Owner, the Owner shall make progress
payments in accordance with the following subparagraph which shall be inserted as Article
5, Progress Payments, in the Owner-Contractor Agreement, AIA Document A101, 1997
Edition.
Based upon the applications for payment and supporting documents submitted to the
Architect by the Contractor and Certifications of the amount payable by the Architect, the
Owner shall make progress payments on account of the Contract Sum to the Contractor as
provided in the Contract Documents for the period ending the last day of the month as
follows:
.1 No later than twenty-five (25) days following the end of the period covered by the
Application for Payment, ninety-five percent (95%) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated in the Work
and ninety-five percent (95%) ofthe portion ofthe Contract Sum properly allocable
to materials and equipment suitably stored at the site for the period covered by the
Application for Payment, less the aggregate of previous payments made by the
Owner.
.2 Upon Substantial Completion of the entire Work, a sum sufficient to increase the
total payments to ninety-five percent (95%) ofthe Contract Sum, less such amounts
as the Architect shall determine for all incomplete Work and unsettled claims as
provided in the Contract Documents.
At Subparagraph 9.6.2, Add the following sentence after the first sentence:
More specifically, ifonly five percent (5%) retainage is withheld by the Owner on payments
to the Contractor, then the Contractor shall withhold only five percent (5%) retainage on
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payment to subcontractors; and subcontractors shall withhold only five percent (5%)
retainage on payments to sub-subcontractors.
9.8 SUBSTANTIAL COMPLETION
Add Clause 9.8.3.1. to Subparagraph 9.8.3:
.1 Except with the consent ofthe Owner, the Architect will perform no more than two
(2) inspections to determine whether the work or a designated portion thereof has
attained Substantial Completion in accordance with the Contract Documents. The
Owner shall be entitled to deduct from the Contract Sum amounts paid to the
Architect for any additional inspections.
Subparagraph 9.8.5, delete the second sentence and substitute the following:
Upon such acceptance and consent of surety, if any, the Owner shall make payment
sufficient to increase the total payments to ninety-five percent (95%) ofthe Contract Sum,
less such amounts as the Architect shall determine for incomplete Work and unsettled
claims.
Add Subparagraphs 9.8.6 and 9.8. 7 as follows:
9.8.6 In order for the project or a major portion thereof to be considered substantially
complete, the following conditions must be met:
.1 All inspections by governmental authorities having jurisdiction over the project must
have been finalized, any remedial work required by those authorities must have been
completed, and Certificates of Occupancy and similar governmental approval forms
must have been issued and copies delivered to the Owner and Architect.
.2 All work, both interior and exterior, shall have been completed and cleaned except
minor items which if completed after occupancy, will not, in the Owner's opinion,
cause interference to the Owner's use of the building or any portion thereof. A
significantly large number of items to be completed or corrected will preclude the
Architect from issuing a Certificate of Substantial Completion. The Owner and
Architect will be the sole judge of what constitutes a significantly large number of
items.
9.8.7 After the date of Substantial Completion of the Project is evidenced by the
Certificate of Substantial Completion, the Contractor will be allowed a period ofthirty (30)
days, unless extended by mutual agreement or provision of the Contract, within which to
correct all deficiencies attached to the Certificate of Substantial Completion. Failure ofthis
Contractor to complete such corrections within the stipulated time will be reported to the
Contractor's surety. In this report, the Contractor and surety will be informed that, should
correction remain incomplete for an additional fifteen (15) days, the Owner may initiate
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action to complete corrective work out ofthe remaining Contract funds in accordance with
Paragraph 14.2.
9.10 FINAL COMPLETION AND FINAL PAYMENT
At Subparagraph 9.10.2, Add the following sentence:
Prior to final payment, the Contractor shall meet all of the requirements of Section 01770,
Close Out Procedures.
Add Subparagraph 9.10.6 asfollows:
9.10.6 Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall be
paid by the Owner, to the Contractor, thirty-one (31) days after Substantial Completion of
the work unless otherwise stipulated in the Certificate of Substantial Completion, provided
the Work has been completed, the Contract fully performed, all of the requirements of
Section 01770 Close Out Procedures, are met and the Final Certificate for Payment has been
issued by the Architect. Partial release of retainage and final payment will not be made until
all of these conditions are met.
9.11 LIQUIDATED DAMAGES
Add the following Paragraph 9.11 as follows:
9.11 The Contractor and the Contractor's surety shall be liable for and shall pay the
Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay
after the date established for Substantial Completion in the Contract Documents until the
Work is substantially complete. From the compensation otherwise to be paid, the Owner
may retain the sum of$1000.00, for each calendar day that the work remains uncompleted,
which sum is agreed upon as the proper measure ofliquidated damages that the Owner will
sustain per day upon the failure of the Contractor to substantially complete the work in the
time stipulated, and this sum is not to be construed in any sense as a penalty.
ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY
Add Subparagraphs 10.1.2, 10.1.3 and 10.14 asfollows:
10.1.2 The Contractor shall provide a written Project Site Safety Program, maintain injury
records as required by OSHA, keep the Owner informed of all serious and/or lost time
injuries, and make available to the Owner information on injury logs, safety meetings
including topics and a sign-in sheet for each meeting, inspection reports and other items
concerning Project safety.
18
10.1.3 The Contractor shall inform the Owner of any Federal or State inspection, and the
Owner will receive copies of all Federal and State inspection reports, citations, penalties,
abatement dates, etc.
10.1.4 The Contractor shall give full cooperation to the Owner, who may periodically
observe the Project Work Site without prior notice.
10.2 SAFETY OF PERSONS AND PROPERTY
Add Subparagraphs 10.2.8 and 10.2.9 asfollows:
10.2.8 The Contractor and each Subcontractor, prior to final payment, shall submit a
statement on their letterhead certifying as to the best of their information, knowledge, and
belief, no asbestos or asbestos containing materials have been used in their portion of the
project'" .
10.2.9 Prior to payment of retain age and final payment the Contractor, each Subcontractor
involved with the potable water system shall furnish a notarized statement certifying that
lead or lead bearing materials have not been incorporated into the potable water system.
ARTICLE 11 - INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
At Subparagraph 11.1.1, revise to the first sentence as follows:
add "acceptable to the Owner" after "a company or companies....".
At Subparagraph 11.1.2, delete the first sentence in its entirety and replace it with the
following:
The insurance required by Subparagraph 11.1.1 shall be written for not less than the
following limits or the limits required by law, whichever coverage is greater:
The Owner and the Architect and all Consultants listed on the Title Page of the Project
Manual shall be an Additional insured on the Contractor's policy as to the subject job.
Provision shall be included for Waiver of Subrogation against Owner and Architect and its
Consultants.
Kind of Insurance
11.1.2.1 Workmen's Compensation
Limits of Liability
Statutory
Employers' Liability (including all
States, U.S. Longshoreman & Harbor
Bodily Injury by accident
$550,000 per employee
19
Workers' Act and other endorsements, if
Applicable to the project).
11.1.2.2 Commercial General Liability including
but not limited to, Premises Operations,
Products & Completed Operations, Broad
Form Property Damage, Contractual
Liability, and where the exposure exists,
coverage for elevator, watercraft, blasting
and explosions, blowout, cratering and
underground damage
11.1.2.3 Comprehensive Automobile Liability
(including hired and non-owed
coverages).
11.1.2.4 Commercial Umbrella Liability Policy
11.1.2.5 Builder's Risk (Building construction
only).
11.1.2.6 All insurance coverages shall provide:
At Subparagraph 11.1.3, Add the following sentence:
'~j
.,
Bodily Injury by Disease
$5,000,000 per employee
$1,000,000 per occurrence
Bodily Injury & Property Damage
$1,000,000 aggregate
Products & Completed Operations
$2,000,000 general aggregate
$1,000,000 combined single limit
Bodily Injury & Property Damage
$1,000,000 each occurrence
$1,000,000 aggregate limit
Bodily Injury & Property Damage
Combined Single Limit
Coverage for all risks for physical
loss or damage at one hundred
percent (100%) of all insurable value
created during construction
30 Day written Notice of
Cancellation to Owner
Waiver of Rights of Subrogation
In Favor of Insured
"Additional Insured'"
Endorsement on Business Auto
Policy, Commercial Umbrella
Policy, Builder's Risk Policy.
Proof of insurance shall be evidenced on (1) an original ACORD Certificate of Insurance
25-S (7/97) and (2) an original Supplemental Attachment for ACORD Certificate of
Insurance 25-S (7/97), each with an original signature of the Authorized Representative.
Policy exclusions and/or restrictions should be clearly explained on the Certificate or in an
attached letter from the issuing agency. Blank areas on the Certificate should have "not
covered" written across the printed areas when coverage is not provided.
20
'-;,;
Add Subparagraph 11.1.4 asfollows:
11.1.4 Insurance shall be underwritten by a company rated not less than A + in A.M. Best's
latest published guide.
11.2 OWNER'S LIABILITY INSURANCE
Delete Subparagraph 11.2.1 in its entirety and replace it with the following:
11.2.1 The Contractor shall be responsible for purchasing and maintaining Owner's
Protective Liability Insurance naming the Owner as insured with the stated limit to be per
occurrence as primary limit (combined single limit, irrespective of whether occurrence
consists of personal injury, death, property damage, or combination thereof). The policy
shall cover the work to be performed for the Owner by the Contractor and all
Subcontractors. The definition of insured in the policy shall be endorsed to include officers,
employees of the Owner, while acting within the scope of employment or function for the
Owner with respect to the work performed by the Contractor; the project architect and his
consultants as listed in the Bidding Documents, shall also be included as Additional insured.
The policy shall be written with the same company as the Comprehensive General Liability
Policy with limits of coverage as follows:
Limits: $5,000,000.00
Add Subparagraph 11.2.2 asfollows:
11.2.2 Refer to subparagraph 11.1.4 for Additional requirements that also apply to this
paragraph.
11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
Delete paragraph 11.3 in its entirety.
11.4 PROPERTY INSURANCE
Modify the first sentence of subparagraph 11.4.1 as follows:
Delete "Unless otherwise provided, the Owner" and substitute "the Contractor".
Add the following sentences in Subparagraph 11.4.1:
The form of policy for this coverage shall be Completed Value. Ifthe Owner is damaged by
the failure of the contractor to maintain such insurance, then the Contractor shall bear all
reasonable costs properly attributable thereto.
Delete Clause 11.4.1.2.
21
"'"
'"y
Delete Clause 11.4.1.3.
Modify the first sentence of subparagraph 11.4.2 asfollows:
Delete "The Owner", and substitute "The Contractor".
Delete Subparagraph 11.4.4
Delete Subparagraph 11.4.6 and substitute the following:
Before an exposure to loss may occur, the Contractor shall file with the Owner two certified
copies of the policy or policies providing this Property Insurance coverage, each containing
those endorsements specifically related to the Project. Each policy shall contain a provision
that the policy will not be canceled or allowed to expire until at least thirty (30) days' prior
written notice has been given to the Contractor and Owner. Each policy shall name the
Owner, and their assignees as additional insureds.
Modify Subparagraph 11.4.7
Substitute "Contractor" for "Owner" at the end of the first sentence, and add clause:
11.4.7.1.
11.4.7.1: Each policy must contain an endorsement to the effect that the issuer waives any
claim or right in the nature of subrogation to recover against the Owner, its officers, agents
or employees.
Modify Subparagraph 11.4.8
Substitute "Contractor" for "Owner" as fiduciary, except that the first reference to "Owner"
in the first sentence, the word "this" should be substituted for "Owner's".
Modify Subparagraph 11.4.9
Substitute "Contractor" for "Owner" each time the latter word appears.
Modify Subparagraph 11.4.10
Substitute "Contractor" for "Owner" each time the latter word appears
11.5 PERFORMANCE BOND AND PAYMENT BOND
Delete Subparagraph 11.5.1 and replace with the follOWing:
22
.;1
...
11.5.1 The Contractor shall furnish bonds covering faithful performance ofthe contract and
payment of obligations arising thereunder. Bonds may be obtained through the Contractor's
usual source with the required rating and the cost thereof shall be included in the Contract
Sum.
11.5.1.1 The Contractor shall deliver the required bonds to the Owner not later than
three (3) days following the date the Agreement is entered into, or if the work is to be
commenced prior thereto in response to a letter of intent, the contractor shall, prior to the
commencement ofthe Work, submit evidence satisfactory to the Owner that such bonds will
be furnished.
11.5.1.2 The Contractor shall require the attorney-in-fact who executes the required
bonds on behalf of the surety to affix thereto a certified and current copy of the power of
attorney.
Add Subparagraphs 11.5.3, 11.5.4 and 11.5.5:
11.5.3 Contractor shall provide a one-year maintenance on City of La Porte standard form
Document 00612, providing for the Contractor's correction, replacement, or restoration of
any portion of the Work which is found to be not in compliance with requirements of
Contract Documents during the one-year correction period required in Subparagraph 12.2.2.
11.5.4 Forms of Performance and Payment Bonds shall be as indicated in Documents 00610
and 00611 and as mandated by the Texas Local Government Code, Texas Revised Civil
Statutes Annotated, Article 2253, for public projects. The contractor shall file copies of each
bond with the county clerk and furnish the Owner with a file receipt. The bonds shall remain
in force throughout the warranty period of the contract. They will not be started until the
bonds and issuing companies have been accepted as satisfactory by the Owner with an
authorized power of attorney attached..
11.5.5 Claims must be sent to the Contractor and the Contractor's Surety in accordance
with Article 5160, Revised Civil Statutes. The Owner will furnish in accordance with such
Article, a copy of the Payment Bond as provided therein to claimants upon request. All
claimants are cautioned that no lien exists on the funds unpaid to the Contractor on such
Contract, and that reliance on notices sent to the Owner may result in loss of their rights
against the Contractor and/or its Surety. The Owner is not responsible in any manner to a
claimant for collection of unpaid bills, and accepts no such responsibility because of any
representation by any agent or employee.
Add Paragraph 11.6 as follows:
11.6 WORKER'S COMPENSATION INSURANCE COVERAGE
11.6.1 Comply with the requirements of Rule 28, T AC Section 110.110, Reporting
Requirements for Building or Construction Projects for Governmental Entities.
23
,)
"
13.3 WRITTEN NOTICE
Add the following at the end of Subparagraph 13.3.1:
Written notice may also be given by facsimile. If such facsimile is received after
4 p.m., it shall be deemed received on the next business day.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
Delete subparagraph 14.4.3 and substitute the following:
14.4.3 In the case of such termination for the Owner's convenience, the Contractor shall be
entitled to receive payment for Work properly executed as of the date of such termination
and reasonable costs incurred by reason of such termination, as documented to the Owner's
satisfaction by the Contractor.
END OF DOCUMENT
27
.,.I'.J
11.6.2 Definitions:
.1 Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81), TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
.2 Duration of the project - includes the time from the commencement of the work on
the project until the Contractor's work on the project has been completed and
accepted by the governmental entity.
.3 Persons providing services on the project ("subcontractor") in Section 406.096) -
includes all persons or entities performing all or part of the services the contractor
has undertaken to perform on the project, regardless of whether that person
contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner-operators, employees of any
such entity which furnishes persons to provide hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
AServices'" does not include activities unrelated to the project, such as food/beverage
vendors, office supply delivery, and delivery of portable toilets.
11.6.3 The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) for all employees ofthe contractor
providing services on the project, for the duration of the project.
11.6.4 The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
11.6.5 If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that coverage
has been extended.
11.6.6 The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
.1 A certificate of coverage, prior to that person beginning work on the projects, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
24
'.j
-i
.2 No later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
11.6.7 The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
11.6.8 The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of any
change that materially affects the provision of coverage of any person providing services on
the project.
11.6.9 The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the T exas Worker's Compensation, informing all persons stating how a person
may verify coverage and report lack coverage.
.1 Provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project.
.2 Provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project.
.3 Provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate ends during the duration ofthe project.
.4 Obtain from each other person with whom it contracts, and provides to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project;
and
(b) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration ofthe project.
.5 Retain all required certificates of coverage on file for the duration ofthe project and
for one year thereafter.
.6 Notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
25
...J
..
.7 Contractually require each person with whom it contracts, to perform as required by
paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for
whom they are providing services.
11.6.11 By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees ofthe
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties, civil
penalties, or other actions.
11.6.12 The Contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the contract void
if the contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
12.2 CORRECTION OF WORK
Delete the third sentence of Subparagraph 12.2.2.1.
Add the following Clause 12.2.2.4 to Subparagraph 12.2.2:
.4 Upon request by the Owner and prior to the expiration of one year from the date of
Substantial Completion, the Architect will conduct and the Contractor shall attend a
meeting with the Owner to review the facility operations and performance, and
review the Work of the Project to identify Work not in conformance with the
Contract Documents and subsequent correction or replacement.
ARTICLE 13 MISCELLANEOUS PROVISIONS
13.2 SUCCESSORS AND ASSIGNS
Add the following Clause 13.2.1.1 to Subparagraph 13.2.1:
.1 The Contractor will not be permitted to assign, sell, transfer or otherwise dispose of
the contract to any portion thereof, or his rights, title or interest therein without
approval of the City of La Porte. Any assignment proposed by the Contractor must
be deemed justified or legally acceptable by the City of La Porte.
26
.,,1
DANSBY & MILLER ARCHITECTS
102 E Edgebrook
Houston, Texas 77034
DOCUMENT 00900
ADDENDUM NO.2
DATE: November 10,2004
PROJECT NAME: Fire Station NO.2
City of La Porte, Texas
CLP Project No. 99-2206
CLP Bid No. 04039
PROJECT NO.: 328-1
TO: Pre-qualified Bidders
This Addendum forms a part of the Contract Documents and modifies the original Bidding
Documents as noted below. Acknowledge receipt of this Addendum in the space provided on
the Bid Form. Failure to do so may subject Bidder to disqualification.
This Addendum consists of 3 pages and attachments as follows:
· DRAWINGS ADD2.01 and ADD2.02
PART ONE - MODIFICATIONS TO PRIOR ADDENDA: Not Used
PART TWO - MODIFICATIONS TO BIDDING REQUIREMENTS:
2.1 DOCUMENT 00450 SUBCONTRACTOR QUALIFICATION
A. Paragraph 3A HV AC, add:
US Mechanical
Kilgore Mechanical 713/924-4900
B. Paragraph 3.B Plumbing, add:
RAM Mechanical Inc. 713/472-8664
T-Mack Plumbing
HCB Mechanical Inc. 713/983-0500
Kilgore Mechanical 713/924-4900
C. Paragraph 3.C Electrical, add:
SECO Industrial Maintenance & Controls Inc. 713/956-7326
PART THREE - MODIFICATIONS TO SPECIFICATIONS
3.1 SECTION MANUFACTURED CASEWORK, Paragraph 2.1.A, add: C&S Ellis Millwork
Shop; Zebra Millwork.
3.2 SECTION 15010 MECHANICAL GENERAL PROVISIONS
A. Paragraph 1.02.C, Delete second sentence.
B. Article 2.01, delete.
3.3 SECTION 15031 COORDINATION OF TESTING AND BALANCING
A. Paragraph 1.01.A, change to Section 15032.
Proj. No. 328-1
00900-1
_~ ...'1
3.4 SECTION 15501 FIRE PROTECTION SYSTEM, delete this section in its entirety.
3.5 SECTION 02482 DREDGING, change to SECTION 15760 ELECTRIC UNIT HEATERS.
3.6 SECTION 15810 DUC1WORK
A. Delete Paragraphs 2.02.0, 2.02.C and 2.02.F.
8. Delete Paragraphs 2.03.A, 2.03.8 and 2.03.C.
C. Paragraph 2.07.A, add "and Division 10 Section" to the first sentence.
D. Delete Paragraphs 2.07.8, 2.07.C, and 2.07.0.
E. Delete Articles 2.08 and 2.09.
F. Delete Articles 3.08,3.09 and 3.10.
3.7 SECTION 15820 FANS, delete Article 2.06.
3.8 SECTION 16010 ELECTRICAL GENERAL PROVISIONS
A. Subparagraph 3.04.8.1, add "4" hours.
8. Subparagraph 3.04.8.2. add "2 hours on each of 2 days."
3.9 SECTION 16025 OPERATING AND MAINTENANCE MANUALS, change heading to
Division 16.
3.10 SECTION 16040 SHOP DRAWINGS, COORDINATION DRAWINGS & PRODUCT DATA,
A. Delete subparagraphs 1.01.8.1,1.01.8.8,1.01.8.12,1.01.8.15, 1.018.17, 1.01.8.18,
1.01.8.19and 1.01.8.20.
PART FOUR - MODIFICATIONS TO DRAWINGS:
4.1 SHEET C2.0 DRAINAGE PLAN, from existing inlet "C" to new inlet "8" change discharge
drain line RCP to 24 inches with restrictor pipe per Drawing ADD2.2.
4.2 SHEET A1.02 SITE DETAILS
A. DETAILS 01,02,03 and 04,3X3 Galv. Angle framing is existing at Ownerfumished
drying rack.
8. FENCE SECTION 07
1. Wall panel note, add: prefinished to match building wall panels.
2. Galv. Steel channel note, add: 6"X2 1/2X2.41Ibs per If., roll to curve.
4.3 SHEET A2.00 ROOM FINISH SCHEDULE, add general requirement: Provide 6 inch
insulation batts above all suspended ceilings.
4.4 SHEET A2.01 REFLECTED CEILING PLAN
A. Change drywall partitions indicated to extend and seal to deck to masonry at Rooms
113,114 and 115.
8. Ceiling Fans indicated shall be equivalent to Casablanca Fan Company, Stealth Model
3245T, XLP-2000 motor, 53 inch blade span, brush nickel finish with dark cherry finish
blades , pendant extension to 8 ft. above floor. Provide wiring and connection to
switched circuit in accordance with Division 16 electrical requirements. Provide support
hangers from roof structural members.
Proj. No. 328-1 00900-2
. ..-"
4.5 SHEET A2.02
A. Revise Elevations 10 and 11 per Drawing ADD2.01.
B. Toilet Accessories, add "J Towel Bars", provide 1 each at Toilet Rooms 105 and 106.
4.6 SHEET A2.03, Roof Assembly Notes, change thickness of insulation to 2 inches.
4,7 SHEET P2.01, FLOOR PLAN - PLUMBING
A. Add roof drain piping size note, "6 inch" to each of 4 roof drains at north and south roof
gutters.
B. Add three 4 inch overflow roof drains at nort and south roof gutters. Reference
Architectural Drawings for locations.
C. At each of 4 roof drain leader discharge locations above grade, provide downspout
nozzle equivalent to Josam Series 25010, sized for leader pipe, rough nickaloy finish.
4.7 SHEET P2.03, PLUMBING FIXTURE SCHEDULE
A. SK-1 Sink, change to read: Elkay DLR 1919-10 single compartment with faucet deck, 18
gauge type 302 stainless steel, self rimming, fully coated on underside for sound
proofing. Chicago 1100-HA8-317 or Zurn Z-871S4 faucet with chrome plated brass
swivel type high rise double bend spout, % turn cartridges, 4 inch wrist blade handle,
Sinkmaster Whirlaway Model 984 stainless steel garbage disposer, % hp, 120 Volt
motor, McGuire 2167 stops with risers.
B. SK-2 Double Compartment Sink, ADA Compliant, change as follows: Delete garbage
disposer; add: stainless steel strainer with tailpiece at each compartment,
C. Add RD-1 Roof Drain, Josam 22080 Series, deck clamp, no-hub side outlet
END OF ADDENDUM NO.2
Proj. No. 328-1 00900-3
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DAN S BY & MIL L E R A.LA. ARC HIT E C T S
102 E. Edgebrook Houston, Texas 77034
(713) 941-2751 FAX (713) 941~S408
Fire Station NO.2
City of La Porte
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DAN S B Y & MIL L E R A.IA ARC HIT E C T S
102 E. Edgebrook Houston, Texas 77034
(713) 941-2751 FAX (713) 941-5408
Fire Station No.2
City of La Porte
REF. SHEET A2.02
DATE: NC7II.lo,
JOB NO. 328-1
DRAWING
NO. ADD 2.01
J'.,6
DATE: November 12, 2004
PROJECT NAME: Fire Station NO.2
City of La Porte, Texas
CLP Project No. 99-2206
CLP Bid No. 04039
PROJECT NO.: 328-1
TO: Pre-qualified Bidders
DANSBY & MILLER ARCHITECTS
102 E Edgebrook
Houston, Texas 77034
DOCUMENT 00900
ADDENDUM NO.3
This Addendum forms a part of the Contract Documents and modifies the original Bidding
Documents as noted below. Acknowledge receipt of this Addendum in the space provided on
the Bid Form. Failure to do so may subject Bidder to disqualification.
This Addendum consists of 3 pages and attachments as follows:
. SECTION 09910 PAINTING, pages 00910-5 thru 00910-8
· DRAWINGS ADD 3.1, ADD 3.2 and ADD 3.3
PART ONE - MODIFICATIONS TO PRIOR ADDENDA: Not Used
PART TWO - MODIFICATIONS TO BIDDING REQUIREMENTS: Not Used
PART THREE - MODIFICATIONS TO SPECIFICATIONS:
3.1 SECTION 05500 METAL FABRICATIONS, add paragraph 2.1.D.8 Ornamental Gates
(Bid Alternates 2 and 3):
a. Double and single swing gates, size and detail as indicated in the Drawings.
b. Fabricate from structural steel tubing per ASTM A500, welded joints ground smooth;
hot- dip galvanize gate assembly after fabrication in accordance with ASTM A 123.
c. Hardware shall be fabricated components to include hinges, drop bolts, sleeves for
drop bolts, lever handle passage set, lock box, and hasp for owner furnished
padlock.
1) 1 % pair, 7 inch barrel hinges per gate leaf with lubricant fittings
2) Schlage or equivalent lever passage set, 630 finish at Patio Court Yard.
d. Louver infill: Ruskin Thinline ELF15J, 1 % inch frame depth, extruded aluminum with
shop applied primer for powder coat finish.
e. Finish: Phosphate treatment followed by baked on polyester powder coat, minimum
. 2.5 mils cured film thickness, ASTM D3363 pencil hardness.
3.2 SECTION 09910 PAINTING, replace Pages 09910-5, 6, 7and 8 with revised pages
issued with this addendum.
3.3 SECTION 10810 TOILET ROOM ACCESSORIES
A. Paragraph 3.4.D, change to: Combination Paper Towel Dispenser and Waste
Receptacle, Bobrick B-43944, semi-recessed with reusable heavy gauge vinyl liner.
Provide 1 each at Toilet Rooms 104, 105, 114 and 115.
Proj. No. 328-1
00900-1
.,.,1
B. Paragraph 3.4.E, change to: Paper Towel Dispenser, Bobrick B-4262, surface
mounted, stainless steel finish. Provide 1 each at Kitchen 103 and CoffeeNending
118.
3.4 SECTION 11450 RESIDENTIAL KITCHEN EQUIPMENT, Paragraph 2.2.E Ice Maker,
change to Scotsman Model CME 256AS-1E with HTB555 storage bin; change ice
production to 300 Ibs; change compressor to % HP; change color to HTB-grey.
3.5 SECTION 15408 SOIL, WASTE AND SANITARY DRAIN PIPING, VENT PIPING AND
APPURTENANCES, Articles 2.02 and 2.03, delete all references to cast iron pipe for
drain pipe and fittings and vent pipe and fittings.
3.6 SECTION 15409 ROOF DRAINAGE PIPING
A. Paragraph 1.01.A, add: overflow drain pipes.
B. Article 2.01, delete all references to underground piping and to cast iron pipe for
storm pipe and fittings.
3.7 SECTION 16501 LIGHTING FIXTURES AND LAMPS, delete subparagraphs 2.02.B.2.c
and 2.02.B.4.a.
3.8 SECTION 16627 STANDBY GENERATOR SETS, Subparagraph 2.01.E.1.a, change to
read: Rating by the manufacturer for standby operation at 45KW, 60 Hz, 1800 RPM for
use with a 120/208 Volts AC, 3 Phase, 4 wire system.
3.9 SECTION 16725 FIRE ALARM AND SMOKE DETECTION SYSTEM, Paragraph 2.01.A,
add: Gamewell Worldwide
PART FOUR - MODIFICATIONS TO DRAWINGS:
4.1 SHEET A 1.00
A. Concrete Paving Notes, Note 02, change "15 inches o.c." to "18 inches o.c.
maximum".
B. Site Plan, add concrete walk at south east door opening 100B from Apparatus Bays
as shown with dashed lines in lawn Area.
4.2 SHEET A 1.02, add Gate Details 11 as indicated on Drawing ADD 3.1 issued with this
addendum.
4.2 SHEET A2.00,
A. Room Finish Schedule, Showers 105A and 106A, clarification: Scheduled finishes
are for areas adjacent to manufactured, prefinished fiberglass shower units.
B. Plan Details 03 and 04
a. Grout fill and reinforce masonry block cells full height at openings adjacent to
jambs, typical.
b. Dampproof outside face of interior cmu in cavity.
c. Add note for column: Steel pipe column, painted finish, reference structural
drawings.
C. Bench and cabinet in Shop 110 are not in contract.
4.3 SHEET A2.02,
A. Delete Toilet Accessoryltem B, Recessed Towel Dispenser
B. Revise Toilet Accessory Item J to: Semi-recessed Towel Dispenser and Waste
Receptacle.
C. Elevations 12,13 and 14: Delete reference to Toilet Accessory Item B.
D. Plan Detail 03, provide 1 each metal shelving unit in Med. Supplies 113 and 2 each
metal shelving units inAudio Visual 116
4.4 SHEET A4.01, SECTION 05
A. Add prefinished continuous, metal trim closure at bottom edge of canopy metal
panel.
B. Change Keyed Note 01 to 54.
Proj. No. 328-1 00900-2
'~.J
C. Add prefinished, continuous metal flashing at transition joint from standing seam
metal panel at vertical wall surface to sloped panel on canopy.
4.5 SHEET A4.02
A. WALL SECTION 01
a. Changed Keyed Note for soffit to 02.
b. Change Detail reference 01/A5.03 to Drawing ADD 3.2
B. WALL SECTION 02
a. Change Detail reference 01/A5.03 to Drawing ADD 3.2
b. Add notes to provide prefinished metal cap over icelwatershield undertayment on
% inch, exterior grade plywood over steel stud framing members.
C. WALL SECTION 03,
a. Keyed Note 01 change to 47, and add to Keyed Note column,
"Metal wall Panel with standing seam joinf'.
b. Change Detail reference 07/A5.03 to 07/A4.04.
4.6 SHEET A4.03
A. DETAIL 04, Turn ice/water shield undertayment down over edge of roof behind
metal edge trim.
B. DETAIL 07, add Keyed Note 22 to face of vertical blocking.
4.7 SHEET A4.04
A. SECTIONS 01, 02 AND 03
a. Provide continuous strip of icelwater shield undertayment at top of parapet
blocking under metal cap.
b. Change metal soffit note to Keyed Note 65
c. Provide continuous prefinished metal trim at exterior edge of metal soffit per
Drawing ADD 3.3.
B. SECTION 04, Provide continuous strip of icelwater shield undertayment at top of
parapet blocking under metal coping.
C. SECTION 06
a. Turn icelwater shield undertayment from roof surface down 6 inches minimum
on face of wall sheathing.
b. Add Keyed notes 03 and 04.
D. SECTION 07, add continuous membrane flashing extending from exterior face of
Custom cmu and over the top of the custom cmu to the outside face of interior
wythe of emu masonry and extending 8 inches up cmu face,
E. KEYED NOTES
a. Note 28, add "exterior grade" before plywood.
b. Add Note 65: Metal Soffit Panel.
4.8 SHEET A5.02
A. DETAILS 01,02,04,05,06,08,09,11,12 and 13: Add Keyed Note 26 to outside
face of interior cmu in wall cavity to provide dampproofing membrane.
B. JAMB DETAIL 12, revise to standard coiling door jamb guide made up of two
steel angles 3x3x3/16 and one steel angle 3x2x3/16 in lieu of sectional door
guide shown.
C. KEYED NOTES, Note 15, add: Transparent Finish.
END OF ADDENDUM NO.3
Proj. No. 328-1 00900-3
'F"
1. Concrete and Unit Masonry Surfaces Scheduled to Receive Paint Finish: Remove dirt,
loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and
grease with a solution oftri-sodium phosphate; rinse well and allow to dry. Remove
stains caused by weathering of corroding metals with a solution of sodium
metasillicate after thoroughly wetting with water. Allow to dry.
J. Ferrous Metals: Clean nongalvanized ferrous-metal surfaces that have not been shop
coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use
solvent or mechanical cleaning methods that comply with recommendations of the
Steel Structures Painting Council.
1. Before power tool cleaning, remove visible oil, grease. Soluble welding residues
and salts by the methods outlined in SSPC-SP1.
2. Power tool clean steel surfaces as recommended by the paint system manufacturer
and in accordance with requirements ofSSPC specification SSPC-SP 3.
3. Treat bare or pickled clean metal with a metal treatment wash coat before
pnmmg.
4. Touch up bare areas and shop-applied prime coats that have been damaged. Wire-
brush, clean with solvents recommended by the paint manufacturer, and touch up
with the same primer as the shop coat.
K. Galvanized Surfaces: Clean galvanized surfaces with non-petroleum-based solvents
so that the surface is free of oil and surface contaminants. Remove pretreatment from
galvanized sheet metal fabricated from coil stock by mechanical methods.
L. Interior Wood Items Scheduled to Receive Paint Finish: Wipe off dust and grit prior
to priming. Seal knots, pitch streaks and apply sections with sealer. Fill nail holes
and cracks after primer has dried; sand between coats.
M. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust.
Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent.
Prime base steel surfaces.
N. Exterior Wood Scheduled to Receive Paint Finish: Remove dust, grit, and foreign
matter. Seal knots, pitch streaks and sappy sections. Fill nail holes with tinted
exterior caulking compound after prime coat has been applied.
O. Metal Doors Scheduled for Painting: Seal top and bottom edges with primer. Touch-
up damaged shop primed surfaces.
3.3 APPLICATION
A. Apply products in accordance with manufacturer's instructions.
ProjecINo.:328-1 09910-5
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B. Do not apply finishes to surfaces that are not dry.
C. Apply each coat to uniform finish. Apply each coat of paint slightly darker than
preceding coat unless otherwise approved.
D. Sand metal lightly between coats to achieve required finish.
E. Vacuum clean surfaces free ofloose particles. Use tack cloth just prior to applying
next coat. Allow applied coat to dry before next coat is applied.
F. Where clear finishes are required, tint fillers to match wood. Work fillers into the
grain before set. Wipe excess from surface.
G. Prime concealed surfaces of interior and exterior woodwork with primer paint.
3.4 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT
A. Paint shop primed equipment. Paint shop pre finished items occurring at interior
areas.
B. Remove unfinished louvers, grilles, covers, and access panels on mechanical and
electrical components and paint separately.
C. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed
ducts, hangers, brackets, and collars and supports except where items are pre-finished.
D. Paint interior surfaces of air ducts that are visible through grilles and louvers with one
coat of flat black paint, to visible surfaces. Paint dampers exposed behind louvers,
grilles to match face panels.
E. Paint exposed conduit and electrical equipment occurring in finished areas.
F. Paint both sides and edges of plywood backboards for electrical and telephone
equipment before installing equipment.
G. Reinstall electrical cover plates, hardware, light fixture trim, escutcheons and fittings
removed prior to finishing.
3.5 CLEANING
A. Clean work under provisions of Section 01770.
B. Collect waste material which may constitute a fire hazard, place in closed metal
containers and remove daily from site.
Project No.: 328-1
09910-6
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3.6 GENERAL PAINTING REQUIREMENTS
A. Exterior surfaces to receive scheduled coatings include:
1. All exposed wood unless noted otherwise.
2. Ferrous metal and galvanized metal unless notes otherwise. Touch up damaged or
welded metal prior to finish coat applications.
3. Exposed conduit and piping.
B. Interior surfaces to receive scheduled coating include:
1. All exposed wood or wood behind cabinet doors unless noted otherwise. Back-
priming of all wood trim, millwork or finished carpentry prior to installation.
2. Ferrous metal and galvanized metal unless noted otherwise; touch up damaged or
welded metal prior to finish coat applications.
3. Exposed conduit, piping, outlet boxes, raceways, and panel boxes except
galvanized or aluminum piping located in mechanical or electrical rooms.
4. All exposed gypsum board unless otherwise noted.
5. All exposed cmu unless otherwise noted.
6. Factory-primed hardware.
7. Metal glazing frames at plastic laminate doors.
8. Hollow metal doors and frames.
9. Exposed steel roof deck and structural roof framing members.
3.7 SCHEDULE
A. Interior Schedule
1. Drywall - Enamel Finish, semi-gloss:
1st Coat: PPG 6-2 Speedhide Latex Sealer Quick Drying Primer
2nd Coat: PPG 6-510 Speedhide Semi-Gloss Latex
3rd Coat: PPG 6-510 Speedhide Semi-Gloss Latex
2. Drywall-Enamel Finish, eggshell:
1st Coat: PPG 6-2 Speedhide Latex Sealer Quick Drying Primer
2nd Coat PPG 6-411 Speedhide Eggshell Latex
3rd Cost: PPG 6-411 Speedhide Eggshell Latex
3. Masonry Enamel Finish, eggshell:
Block Fill: 2 coats PPG 6-7 Speedhide Masonry Block Filler Latex
Primer: 2 coats PPG 6-7 Speedhide Masonry Block Filler Latex
Finish: 2 coats PPG 411 Speedhide Interior Enamel Eggshell Latex
4. CMU Masonry - Acrylic Epoxy, semi gloss:
Block fill: PPG 6-7 Speedhide Masonry Block Filler Latex
Primer: Pitt-Glaze Interior/Exterior Block Filler Latex
Finish: 2 coats Pitt-Glaze WB Water-Borne Acrylic Epoxy
Project No.: 328-1
09910-7
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5. Ferrous and Galvanized Metals - Heavy Use:
1 st Coat: PPG 97-680 Multiprime Quick Dry Universal Primers
2nd Coat PPG 98-1 Aquapon Water Base Epoxy
6. Ferrous and Galvanized Metals - Decorative:
1 st Coat: PPG 97-680 Multiprime Quick Dry Universal Primers
2nd Coat: PPG 6-51 Speedhide Semi-Gloss Latex
3rd Coat: PPG 6-510 Speedhide Semi-Gloss Latex
7. Wood - Enamel Finish:
1st Coat: PPG 6-855 Speedhide Latex Undercoater
2nd Coat: PPG 6-90 Speedhide Wall & Trim Lo Sheen Oil
3rd Coat: PPG 6-90 Speedhide Wall & Trim Lo Sheen Oil
8. Wood Transparent Finish:
Sealer: PPG &7-30 Rez Wood Sanding Sealer
Color: PPG 77-560 Rez Semi-Transparent Oil Stain
2 coats: PPG 77-89 Rez Polyurethane Satin Varnish
B. Exterior Schedule
1. Ferrous and Galvanized Metals:
1 st Coat: PPG 97-680
2nd Coat: PPG 6-900 Speedhide Gloss Latex
3rd Coat: PPG 6-900 Speedhide Gloss Latex
END OF SECTION
Project No.: 328-1
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102 E. Edgebrook Houston. Texas n034
(713) 941-2751 FAX (713) 941-5408
Fire Station No. 2
City of La Porte
DATE: (lfl"1 ( of.
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DAN S B Y & MIL L E R A.I.A. ARC HIT E C T S
102 E. Edgebrook Houston. Texas 77034
(713) 941-2751 FAX (713) 941-5408
Fire Station No.2
City of La Porte
r DATE: \ \ 111--1
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DAN S B Y & MIL L E R A.LA. ARC HIT E C T S
102 E. Edgebrook Houston, Texas n034
(713) 941-2751 FAX (713) 941-5408
Fire Station No.2
City of La Porte
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DOCUMENT 00611
PAYMENT BOND
#2137550
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS
OF THE 56111 LEGISLATURE, REGULAR SESSIONS, 1959
KNOW ALL MEN BY THESE PRESENTS, That
Hull & Hull, Inc.
Hereinafter called the Principal(s), as Principal(s), and ICW Group
Hereinafter called the Surety, are held and finnly bound unto
City of LaPorte
Hereinafter called the Obligee, in the amount of One Million three hundred twenty
thousand four hundred sixty-two and OO/100-----------i)01Iars($1,320,462.00---r
for the payment whereot: the said Principal "and surety bind themselves and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee,
date the day. of , to
City of LaPorte, Tx. Fire Station No.2
which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to.him or a subcontractor in
the prosecution of the work provided for in said contract, then, this obligation shall be void;
otheiwise to remain in .full force and effect.
PROVIDED, HOWEVER, that his bond is executed pursuant to the provisions of Article
5160 of the Revised civil Statutes of Texas as amended by the Acts of the 56th Legislature,
. Regular Sessions, 1959, and al1liabilities of this bond shall be determined in accordance with the
provisions of said article to the same extent as if it were copies at length herein.
Project No. 328-1
00611-1
IN WITNESS ~REOF, the said Principal(s) and Surety have signed anq sealed this
instrument this . 'r4H'#{-~A'>>d day of LJ~~L;n~ ~61
PRINC
PRINCIPAL
JCW Group
SURETY COMPANY_ ~
BY~,
A torney-in-Fact
END OF DOCUMENT
. ,
Project No. 328.1
00611-2
DOCUMENT 00612
ONE-YEAR MAINTENANCE BOND
#2137550
THE ST ATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS: That we,
of
Hull & Hull, Inc.
Texas
hereinafter called Principal, and lCW Group
of Texas
hereinafter called Surety, are held and firmly bound unto the_ City of LaPorte
. . 6r!t:= JU,.i.llj,ufl UHe~ h..luJreJ LW~f)t.:l(~thousand
. heremafter called Owner m the penal sum of rour nunared SlXL;V-L;WO and uujlw------
Dollars ($ 1 ,320,462. OO---j in the lawful money of the United States, to be in
County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmed by these presents:
THE CONDITION OF THIS OBLIGA nON 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
City of LaPorte, Tx. Fr~re Station No.2
NOW THEREFORE, if the said Contractor shall comply with the provisions of
Subparagraph 12.2 of the General Conditions, and correct Work not in accordance with the
Contract Documents discovered within the established one-year period, then this obligation shall
become null and void, and shall be of not further force and effect; otherwise, the same is to
remain in full force and effect.
Notices required or permitted hereunder shall be in writing and shall be deemed delivered
when actually received or, if earlier, on the third day following deposit in a United States Postal
Service post office or receptacle, with proper postage affixed (certified mail, return receipt
requested), addressed to the respective other party at the address prescribed in the Contract
Documents, or at such other address as the receiving party may hereafter prescribed by written
notice to the sending party.
Project No. 328-1
00612-1
IN WITNESS WHEREOF, this instrument is;:fcuted in seveI}'\ounterparts, each one of
which shall be deemed an original, this the ZZ . da~ of Ut!bttH !uAJ :;'-e>f.
(Seal)
~~~
Hull & Hul
Principal
By:
ATTEST:
Secretary
Title:
Address 2223 Kelly St.
Houston, Tx. 77026
Title
Address 6565 W. Loop South Ste. 50m I
Bellaire, Tx. 77401-3509
.
Note: DATE OF BOND MUST BE THE SAME AS DATE OF CONTRACT.
ATTACH POWER OF ATTORNEY OF PARTY EXECUTING THIS BOND FOR THE
SURETY.
END OF DOCUMENT
Project No. 328-1
00612-2 .
DOCUMENT 00610
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF HARRIS
#2137550
, hereinafter called Principal, and
KNOW ALL-MEN BY THESE PRESENTS: That we, Hull & Hull, Inc.
. of Houston, Texas
ICW Group
of
hereinafter called Surety, are held and firmly bound unto the Ci ty of LaPorte
Texas
hereinafter called Owner and unto all persons, firms and corporations who may furnish material!l
forbor perforq11abor upon the building or improvements hereinafter referred to in the penal sum
ofth~~~UJ:M It2nr tg~~aFggngI~~) t~~gty Dollars ($:1 ,320,462.00----)- in the lawful money
of the United States, to be in
County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmed by these presents:
THE CONDITION OF THIS OBUGATION IS such that WHEREAS the Principal
entered into a certajn contract with Ci ty of LaPorte
the Owner, dated the day of , a copy of which is
hereto attached and made a part hereof for the construction of
City of LaPorte, Texas Fire StAtion Nn ?
NOW THEREFOR, if the Principal shall well, truly, and faithfully perform its duties, all
the undertakings, covenants, terms, conditions and agreement of said contract during the original
term thereof and any extensions thereof which may be granted by the pwner, with or without
noti~e to the Surety, and during the life of the one year guaranty required under such contract,
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 fully reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, and shall promptly make payment to all
persons, finns, subcontractors and corporations furnishing materials for or performing labor in
the prosecution of or modification thereof, then his obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER: that is any legal action to be filed upon this bond, venue shall
lie in County, Texas.
Project No. 328-1
00610-1
And that the Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or additions to the terms of the contract or to the 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 seveJjountzarts, each one of
which shall be deemed an original, this the "Z-z..~ day of '/Mn ~} .;l.O(!)~1 .
(Seal)
Secretary
r~~r1
Hull & H
Principal
By:
ATTEST:
Title:
Address 2223 Kelly St.
Houston, Tx. 77026
Title
Address 6565 W. Loop South'Ste. 501
Bellaire, Tx. 77401-3509
Note: DATE OF BOND MUST BE THE SAME AS DATE OF CONTRACT.
ATTACH POWER OF ATTORNEY OF PARTY EXECUTING THIS BOND FOR THE
SURETY.
END OF DOCUMENT
Project No. 328-1
00610-2
ACORQ" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDOIYYYY)
01/0S/200S
PRODUCER (979) 542-3449 FAX (979}542-0469 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMM1oN
Siegeler Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
172 West Austin Street ALTER tHE COVERAGE AFFORDED BY THE POLICIES BELOW.
Giddings, TX 78942-3294
INSURERS AFFORDING COVERAGE NAlC #
INSURED Hull 1/ Hull, Inc. . INSURER A: Mid-Continent Casualty 23413
2223 Kelley Street INSURER B: American States of Texas 01
Houston, TX 77026 INSURER c: Scottsdale Ins. CO.
INSURER 0: Texas Mutual Insurance CoqJany i
INSURER E: Great American I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED N30VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO Al.L THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCro BY PAID CLAIMS.
INi': ~9,;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY 04-GL-51517 10/31/2004 05/31/2005 EACH OCCURRENCE S 1,000,000
X COMMERCIAL GENERAlllABIUTY DAMAGE TO RENTED S 100,00(1
I CLAIMS MADE m OCCUR i! MED EXP (Anyone pefSCln) S excl udeCl
, I
A \ PERSONAL & ADV INJURY S 1,000,000
-
, GENERAL AGGREGATE S 2,000,000
-
GEN.l AGGREGATE LIMIT APPLIES PER: PRODUCTS"COMP~PAGG S 2,000,000
-, POLICY n ~~& n lOC ,
AUTOMOBilE LIABiliTY 01-BA-397652-2 01/21/2005 01/21/2006 COMBINED SINGLE LIMIT
- (Ea accident). S
ANY AUTO 1,000,000
-
All OWNED AUTOS BODllof INJ(;RY
X S
SCHEDULED AUTOS (Per person),
B X
HIRED AUTOS BODilY INJURY
Y (per aeeid~nQ $
NON.OWNED AUTOS
f--
I-- PROPERTY DAMAGE S
(per accident)
GARAGE LIABILITY AUTO ONLY' EA ACCIDENT S
=l ANY AUTO OTHER THAN EAACC S
AUTO ONLY: AGG S
EXCESSlUMBRELLA LIABILITY UMSOO16793 10/31/2004 10/31/2005 EACH OCCURRENCE S 1,000,000
:=J OCCUR o CLAIMS MADE , AGGREGATE S
C . s
=1 DEDUCTIBLE . .. S
, '.
RETENTION $ S
WORKERS COMPENSATION AND SBP-0001l10361 10/31/2004 10/31/2005 l.rng!{ f:IU.;, I IO,llj"
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1,000,00(1
0 ANY PROPRIETORlPARTNERtEXECUlWE S
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE! S 1,000,00(1
It yes, describe unde, 1. 000 . 00(1
SPECIAL PROVISIONS below E.L. DISEASE" POLICY LIMIT S
OT~;R . IMP 62 91 10/31/2004 10/31/2005
E B~u, ders R1Sk $1,000,000
DESCRIPTION 0, OPERATIONS t lo.cA TI~NS t VEHICliS t EXCLU/>IOtlS ADDED BY l~RSEMENT t SPECIAL PROVISIONS
~dditiona Insured,n avor 0 Cert,f,cate ho er on Auto, GL, BR and Unarella.
Naiver of Subrogation in favor of Certificate holder on Auto, GL~ HR, Una and WC
City of LaPorte
604 W. Fairmont Pkwy
LaPorte, TX 77571
CANC LATION
SHOULD ANY OF THE A~E DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION OATE'THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
..1Q.... DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE lEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABiliTY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENT~TIVE
CERTIFICATE HOLDER
, @ACORO CORPORATION 1988
ACORD 25 (2001/08)
No. 0004072
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
MICHAEL T. SIEGELER, TERESA L. MUNIZ, JENNIFER L. SMITH
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
State of California
County of San Diego
On December 5,2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instmment, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instmment.
} ss.
Witness my hand and official seal.
1@....MARYCOB8 I
,... . ...... ., COMM. #1321341
o " NOTARY PlJBlIC.CALlfOR~~IA :J
fit . SAN OIEGO COUNrY 0
U I MyCommisslOrl Expires i
J " SEPTEMBER 20.2005
~&-hh
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOL VED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying. "
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in filII force.
IN WITNESS WHEREOF, I have set my hand this
day of
~
John H. Craig, Assistant Secretary
To verify the authenticity ofthis Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
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4500 FT CANADA ROAD
CITY OF LA PORTE, TEXAS
WALSH I FREESE & NICHOLS. INC.
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CANADA RD.
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Tolunay- Wong
Engineers, Inc.
Houston, Texas
100 100
. .
~ APPROXIMATE BORING LOCATION
PLAN OF BORINGS
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