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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: *' ,orf:r 810\\ .p ~lj OF ~ ~ O~ . 6fp. UJ Fe0 of 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 . rf\ - . "'trf\ . ~ . rf\ . ~ I - rf\ - ~ I 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_____ - ~ I . rf\ . rf\ - rf\ - rf\ . rf\ - I_IZ)" 2'-IZ)"' 21-1Z)"' 21-1Z)"' 21-1Z)"' 2 114" FONT 3" FONT 4 "X4 " TREATED PO&T NOTES: ~I COLOR& &ELECTED BY ARCI-4ITECT ~2 BRACE &IGN TO PROviDE &TABLE IN&TALLATlON I I I I CONSTRUCTION PROJECT SIGN I 80ALE.~. t-o- I ...J I I I I I I I L-.1 ... b~ a ~IC ~'i~ ~ I ". ... o .. ZO A- I: . .2... .. ... "0 (#) ..t' ..- -u II. ~ II . II ; .. e 01= II: .. C ~ II: . .. .. - . Ell ... : Ie 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: 5 j' .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. 6 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. 7 -' .' 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 8 " (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 9 .-J .. 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. 10 ." ~ 1 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. 11 ..-1 ... 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 12 .' 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). n .;,; .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. 14 " .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: 15 J'-~; 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 16 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 17 J.Ji 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 . ''it ~.""-'''~'--'~'''-- W ." D- w - 0.. D- o.. 0 z cr:::: ::> 0 0 0:: W \-- <t 0.. 5 - U r-o.. W ::> - O(f) > ex: o::w \-- 00:: 0 Z (f) W W cr:: I r- - 5: (f) ~ W z :z: - ~ 5 w z: 0 > wx - r-O 0 W <( Om wI ::> 0 ex:: zJ 0 - Z O::w (J) 0 00:: Z 00 <to.. 0 ~ r-w Or- r-o.. 0 W ::> I 00.. ZW O(f) 0::- C) W---l O::W ...- 1-0... Z 00:: (f) cr::: (f) W IO 0:: <( r-r- I U Ul - 0 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 "'- @ @ PENCil . TOP, EDGE, /11"" ~/Il"" ~ , / /i 3'-", KNEE / / '" / '" / 3'-", 3'-'" ~ /"'~, '" / '" / '" 3' QW ~ @W @~ @D ~ 1 0 WATCH 1 01 ELEVATION (REVISED) SCALE, 3/8. . 1-0. ~ 3'-b' PlA&. lAM. TOP. EDGE AND 4' SFlA614 PENCI I . "'t . \Q , N KNEE SFACE @D @e) 11 WATCH 1 01 ELEVATION (REVISED) SCALE, 3/8. · 1-0. 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 A t7'- '.- '- ~, . \ ',,-' / :;;li . V / ::::.. '..: '~.../ .:- i.....: : -, '~. : ." .~ 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 ~;-::h~":~~ r-j~ -\,.\ I r '/ ....",~~ I ..,-to"'" "-_< ! r' \ Nt/, S -,;1 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 -r.-: ..' - , -- .' . ,,~, -;.'* . .F ~.-' . . : ~ '\ .' j" :2.; 1'1:"/, / . .~~ 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 ,.~ h ,:;: ~ . \-. ,/ t-,/I, N; rJ, ~ Vi.,...-(i""./~ .. 1,J 09910-8 ,://:,~>-r'7 ~fl"f~~<:; \\ , I I , , - . / "- , ~ -,-~ .::; ---4c..-~., ---Xi . -------. -----...---.- '. LY~ L.-t\ -r ~M ---- _:::~~' -.:~~~~~...., . ;.~-' ' --...--;;? _z~.-:-. " +t ',c? t,::. /' it' . ij-''''-;; r ''S~L~''=E~flJf'2.~'t1;{ G~ ''6 ~ '-C~~~~OL:rs~ ~.. c;eC 07/p.1.0i. ~-,'''~'-~-~-r$ 'B,t<-~f ~+ ~::?o;\ .: fel'lc.c '7ec, ~\N~~ ~ i' I - ~ \l~ pf2- ~tz.~L.. HiH&E ilF: , .. t.'- .. I........ l/4- \1 I I rl ~ HING ti r~ ., \..~ . ffZ.~f\"\ I fv\\L- -r~ ~ M '-~'-~~~--'-t~ ~'t. '? ~ \~ fO'7T ~n: ~-ro;,:) . e- ~ ?7.tL-. " ~"'l ---, CAt'l e BOLl' ~ ~~[;7 11' r \. ~ O'Q 0\ I , , C 4i-1..1- (()&A ~... '''-.Mi~ P,l>.Hl: prO el' t (). "., I; I \' !,....\ ' I '~ , ; '". . _," __ .. '... ~. . _d _._ ~ . .-- ...- .__..~ .. -.-- . .- ._- -.--, -..- ! '-L1h~ \.., C \1. .' I c..r . . ~~h}{1.. '(.. ~;4 DAN S B V & MIL L E R A.I.A. 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 DATE: (lfl"1 ( of. JOB NO. 328~1 DRAWING ~ \ NO. ADD ~. - NOTE' .\~~ ti'I I~ ~ '7E.C o-z,-)r.A,O'1-- 1, - L FfeFtt--l.~\L tFlM ~Tat \A.~L.L. P~Ne.. ~~L.-\" FA t4\::J., '<;ttAPEO f;<-/<:. ~\ rAl' ~ ~ c..-ttot-f fL.)f2~lNG C o"NtPP~~---~..._~ L fv\ e(v\e~AN6 6'iP~ ~~1t1 ,. ~t4c;Le: ~~e; ~ '"f1E-tM .1 . \ _. - ~~r ~,Ge>NCI ~ f~'=- J/ '. , · ~ ~'fl1.UC.T\ pN:;( --- ~E T~ll'v'\ .- - ---~-----.. -. -.' . --.- -~. ~... . -~---,------ . 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 JOB NO. ~8-1 DRAWING ;.;;.. ~ NO. ADD ~, " - .--, ....~ ~ . .." i. r c. _~ 6 iF, 7tt\G ~L- w",u.; (.?fd4 ~~ Of'M~fG' M~Mf7Ff.NE ~-N" -H~~~ l ~LJf2(<.6 C I \ \ ( . ~ ~ \ , - . to r . .. Il " .. f: . - 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 -? 4~~~rt ~~~ .t 'em\" p~ wALL f*-~ O'f-. r=~~6 ':OFF tT -rF-t rY\ .' .. ~........-........_-_.._---~.....-....---.-- -..-'~-~'-'~-,-- - 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. t ~ i ! "DD 1+00 Q n '+00 ci '+00 ~tlO 1+00 I::::> <[ "00 ~ 2 i I iJ I ~ 4500 FT CANADA ROAD CITY OF LA PORTE, TEXAS WALSH I FREESE & NICHOLS. INC. 1'1'111:11 1I~ln TI'){II~ 1+00 +00 0+00 I ~ CB-1 '+llO I 10+00 111'00 I'::::> <[ ~ SCALE: ,",.,12 MILE t ~ FAIRMONT PRkW\' SITE VICINITY MAP CAA1.OH ~ i 2!+OO 20+00 21+00 2&+00 21+ I ~ I CB-3 I 2 i 12+00 l}+QQ l~+C() l~OO 16+00 17+00 IhOO 1'+00 20+00 21+00 22+00 23+00 I I::::> <[ I I '.::::>i I " CANADA RD. 48-+00 ~ CB-2 ~49+00 ~~' ~~ ~ ~ I Tolunay- Wong Engineers, Inc. Houston, Texas 100 100 . . ~ APPROXIMATE BORING LOCATION PLAN OF BORINGS rv") 1'\""