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2001-2002 CITY WIDE SIDEWALK REPAIR AND REPLACEMENT PROJECT_2001-4501
CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT CLP PROJECT #2001-4501 PRE -CONSTRUCTION MEETING April 17, 2002 2;00 PM PEOPLE ATTENDING NAME COMPANY TELEPHONE/FAX# CARLOS MARTINEZ CITY OF LA PORTE 281-471-5020 /281-471-7168 281•(�b- NOTES: CA9N57-)evc-T(-01✓ 7-0-577-f7-7r 1ofPK)L- ?—R', zoaz 1. A)O w -ro 86 7t /7< A) Ff2mw' 5/V,�Av6fs - 2. No 0ls CU5'51W611}-,P�vin/Ca 1,/jr�s�o> wrf L EnT- c / rY i ASP Fo7Tj 7,-q •U� '1 © THEM 3. IS/��K1Cf}DE OPT /�le%/4s/ D E 8��� j ETC 4.0_ c.,e. 5. COOT �% I-rjl- -PAP�KI n/F 6. LOG AT-(o l.� Fole jqL)w1 P /,J Cx c m,jc.r.6 TE (5-rC . City of La Porte Planning Department Contract Routing CLP Project No. 2001-2002 Project Name CITY-WIDE SIDEWALK REPLACEMENT Type of Contract CIP Date approved by City Council Funded by CIP FUND Account No. 015-9892-709 MARCH 12, 2001 Estimated Total Cost $ 50,000.00 Contract Managed by CITY STAFF Approved as to form by City Attoi Executed by City Manager Attested by City Messag Distribution of Originals 1. City Secretary (1 copy)✓ 2. Contractor (2 copies) 3. Project Manager (1 copy) 4. File (1 copy) y- i1 =o 2-- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 18 2002 Requested By: Dou eunner Department: Planning Exhibits: Ordinance Bid Tabulation Bidder's list Appropriation Source of Funds: CD' Fund Account Number. 015-9992-709 Amount Budgeted: S 50,000.00 Amount Requested: S 49,027.00 Budgeted Item: <� NO SUMMARY & RECOMMENDATION As part of the FY 2001-2002 Budget for Capital Improvement Projects, City Council approved S 50,000.00 for the City -Wide Sidewalk Replacement Project. The City -Wide Sidewalk Replacement Project consists of the replacement of existing sidewalks in different subdivisions throughout the city. Survey, design and engineering were performed on this project utilizing City Staff. On March 4, 2002, the City received five bids from qualified contractors. D.L. Davidson Contractors, Inc. of Houston, Texas submitted the lowest bid in the amount of $ 49,027.00. Contract time for completion shall be 45 consecutive calendar days after "Notice to Proceed" is issued. Staff has reviewed the bid as submitted and determined that it is a reasonable amount and D.L. Davidson Contractors, Inc. is qualified to perform this work. Staff recommends that the City Council authorize the City Manager to execute a contract with D.L. Davidson, Inc. in the amount of S 49,027.00 and further authorize $973.00 contingency for the City -Wide Sidewalk Replacement Project. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a contract with D.L. Davidson Contractors, Inc. in the amount of $ 49,027.00 and further authorizing $973.00 contingency for the City- wide Sidewalk Replacement Project. Approved for City Council Agenda V \ aw. G Robert T. Herrera, City Manager 3 I I Z• O -L. Date CITY SECRETARY'S OFFICE DATE: '-� -" -0oZ TO: Attached please find a copy of the executed documents for your department from the City Council Meeting held on a - I � - 0 r If you have any questions, please feel free to give me a call. Ad uuhnmtTanacivicouncilpmteewgdistrinutaioorortn ORDINANCE NO. 2002-6154/ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND D.L. DAVIDSON CONTRACTORS, INC. FOR THE CITY-WIDE SIDEWALK REPLACEMENT PROJECT; APPROPRIATING $ 50,000.00 TO FUND SAID CONTRACT; MAKING 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. 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 $50,000.00 from Capital Improvement Fund 015 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 Code; and that this meeting has been ORDINANCE NO. 2002- a5�( 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 March 18, 2002. CITY F LA PORTE By: Gl N an L. Malone, Mayor ATTEST: / Martha Gillett, City Secretary APPROVED: V"ee' :' el� �Ci Knox W. Askins, City Attorney CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT CLP PROJECT #2001-4501 BID OPENING MARCH 4, 2002 2:00 P.M. BID TABULATION ASE..BID� Y fr D.L. DAVIDSON PAVING CONTRACTORS Y 45 $ 49,027.00 BROOKS CONCRETE Y 150 $ 57,591.92 BILL MCDONALD CONSTRUCTION Y 120 $ 62,054.50 CURB PLANET Y 90 $77,765.30 SOUTHERN CUSTOMS Y 90 $ 78,097.10 CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT CLP PROJECT #2001-4501 Advertising The Bayshore Sun — February 17' and February 20, 2002 Bid Notice Faxed Bluebonnet Stroder Co. Brooks Concrete, Inc. Bill McDonald Construction, Inc. 908 Perla 4018 Allen -Genoa 702 Underwood Road Pasadena, Tx. 77502 Pasadena, Tx 77504 Deer Park, Tx 77536 Phone: (713) 941-4804 Phone: (713) 947-8440 Phone: (281) 479-3030 Fax: (713)941-4887 Fax: (713)947-8444 Fax: (281)479-4337 La Porte Bayshore Chamber of Commerce LaPorte, TX 77571 Phone: (281)471-1123 Fax: (281)471-1710 Follis Construction I I I N. Broadway LaPorte, TX 77571 Phone: (281) 471-6881 Fax: (281) 471-6038 Purtis Construction . 14710 Park Alameda Houston,.TX 77047 Phone:. (281) 433-1012 Fax: (291) 433-I018 C dr "Onswctors PCP BOX 23264 Houston Tx 77028 281-442-240 284 44T-2415 Southem Customs 9219,Ka* Fwy. Howlea;TX 77024 Phoft- (713)682-8807 Fax: (281)471-1710 Cus6Planct, Inc. I05t;LZrcook Hovsftrx;-TE L 77,034 Pherro: (TL yg4W9119 Fax: (7173)9,WI006 Associated General Contractors 3825 Dacoma Houston, TX 77092 Phone: (713) 843-3700 Fax: (713)843-3701 FORCE Corp. PO Box 1079 La Porte, TX 77572-0853 Phone: (281) 470-0550 Fax: (281)471-9627 Curb Planet, Inc. 1050-2 Edgebrook Houston, TX 77034 Phone: (713) 944-9119 Fax: (713)944-1006 Southern Customs 9219 Katy Fwy. Houston, TX 77024 Phone: (713)682-8807 Fax: (281)471-1710 Jesse Vega Construction to. 2019 Pasadena Blvd. Pasadena, TX 77507 Phone: (71i) 413-)3h Fax: (281)473-18U Moore & Moore Contractors PO Box 1517 La Porte, TX 77572-1517 Phone: (281) 471-0145 Fax: (281)471-0601 Ideal Construction Services PO Box 2915 Sugarland, TX 77487 Phone: (281) 470-0531 Fax: (281)470-0539 D.L. Davison 19728 Saums Rd. Houston, Tx 77084 281-W-0770 281-646-7047 Contractors that Picked up Plans & Specifications D.L. Davison 19728 Saums Rd Houston, Tx. 77084 281-646-0770 281-W-7047 Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena, Tx 77504 Phone: (713) 947-8440 Fax: (713) 947-8444 Bill McDonald Construction, Inc. 702 Underwood Road Deer Park, Tx 77536 Phone: (281)479-3630 Fax: (281)479-4337 John Cobb Home Improvement 117 Jeffef$On St La Porte, rexas Phone(281)471-8691 .. Fax (281)960-2942 5 18 4 m AI dO CRFST mm 3 QRePKVlFW 2 15 SPENCER HIGHWAY GLEN MEADOWS COLLEGEVIEW/BROOKGLEN TOWN OF LA PORTE WEST FAIRMONT PARK CENTRAL I LEGEND ® AREAS 6 SIDEVAl1C REPLACOIENT AND vNEEL ouBt RAMP TO BE msrAu.En ACTUAL Lounws swLL BE CLEARLY KARKEn BY THE OVNER PRIOR TO PRE -CONSTRUCTION COiFRENLE• EAST SHADY RIVER CITY OF LA PORTE 604 W. FAIRMONT PKWY. LA PORTE. TEXAS PLANNING DEPARTMENT ENGINEERING DIVISION CITY-VNDE SIDEWALK IMPROVEMENTS PROJECT LOCATIONS REVISIONS REVI9KIN/195UE TE 2 OF 3 NET. DMnx M lA CNECRED�V: C.Y AVMOhD n': D.IL 03/05/02 TUE 10:45 FAS 281 848 7047 ®002 I i J o Q /QF FJ!55 Rewe /1WS715.d 1�1c rRO /.201 ,(oVAS/AAJA� /e72. f4e,2 Lo,✓ rn< 1 4 GJ%� �Yi vse.y/ /� dr-. oil /SGJJTatI /Jasi�%. OF /i7�,CT.lic. /�N?�S �%✓�/Nee/Zi.riJ I p 90/ IJA,fpb , i`�- leeeo/L ireY l 77as1 f CovT.x7-: T/�or•,�1 /JE!/l/.YS, XojG- nlad.oge.c SI�aG/4L PiQO�/lsCTs '7/3) 8.�"%—%3 9i , �17-y eG „r E rJ Qdat�ry ,9ssd�a�x� ��os�dn j CovT,aca:' fi,lt• T/e.-i�p.�w% �1/3) 803- //�9 i �oX . /hETi�[✓ � fi.(<o y s , -xn/c_ � � � paT� ° � S i I /2 Cco L.►1 cs-a g R o03 S CowrAcr: A1AR& 4 -ZT oY l e� 6a' of .ICeiZ7' of aovs>,-✓ A�>f+o�'/rq f, �a.�ts>.fJcTier I,r/,J/occro.r CS,�< �..��A.✓ l7/.t).�o/ 9Y'040 1/ � ie+e pra <<t OP sche.& �e �oo� 9uu\'l�''( wark I 7• ; N.';J,4 �Z RS/0 :7- ✓so ✓ ,SPac.< Gr_'-✓Tis.Z PrD 1eSi ior� a� PICK-UP LIST FOR PLANS AND SPECIFICATIONS City of La Porte Project Name: C 1 rY- w/,0E 571PeWiYCrC ,&f /'44-e_-io7 • City of La Porte Project Number: Zo o /— S/5-0 Pre -Bid Date: /,—Eg Z S 200 Z /a- o o %'r/'I'1 Bid Opening Date: MI4A%,/ .4, ZdOZ 2=00 ;epo ling V 19728 Saums Rd., PMB 125 Houston. TX 77084 DOUGIAS L DAVIDSON President D. L. Davidson Paving Contractors, Inc. Cell: 12811 610-6009 Office: 1281l 646-0770 Fax: 12811 646-7047 1 I � l i p ■ f L/ �• I. 1 r rooks BConcrete, Inc-0 Commerciat & Prsidentia! Driveways • Patios r Sidewalks Patchwork • House & Garage Add Ons Free Estlmate8 TERRY SANDUN 713:947.8440 Ph. 713-947-8444 Fax 281-728-8089 Mobile e mail • terry_asndlin Oevt.net 4018 Allen Genoa Pasadena, Tx 77504 J — MEI \.Ii)-jiltrrli General Contractors DAN'MENDOZA Vice President - of Operations 702 Ok1 tjr4e ae Rona - P.O. Box 189 Dear Park. Texas 77536 OOke:(281) 479.3030 Fax: (281) 4794337 1 kloeee:(251) 851-1033 ASPHALT PAVING 6 REPAIR • SEWER 8 WATER • CONCRETE PAVING • EXCAVATION CERTIFIED M.B.E. - CITY OF HOUSTON — -- — - — ` 1 IN C 1 . 2 .r OURB PLANET INC. Houston, TX 77iltV Concrete Curb, Curb Inlets Concrete Structures Headwalls & Junctlon Boxes Ramiro Pedroza Jr. Office (713) 944.9119 Mobile (713) a22.6713 Fax (713) 944-1006 820 South 8th Street LaPorte, Texas 77571 •t The B 'Serving The City of La Porte County of Harris State of Texas 281-471-1234 Fax:281-471-5763 re Sun ore Area Since 1947' Before me, the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a semi -weekly newspaper published and geherally distributed in the City of La Porte, Harris County, Texas and who after being duly sworn, swears the attached noticq was published in The Bayshore Sun dated D-2- I '7 dooms. r Karolyn Kellogg Authorized Representative Sworn and subscribed before me this i S7h+ day of I 2007-Sandra E. Bumgarner Notary Public Harris County, Texas )RA E. BUMUAHNtn iv PUBLIC. STAT E OF TEXAS I COMMISSION EXPIRES APRIL 30, 2006 11 PICK-UP LIST FOR PLANS AND SPECIFICATIONS City of La Porte Project Name: City of La Porte Project Number: Pre -Bid Date: Bid Opening Date: Davie C - President m SOUTHERN CUSTOMS, INC. L- 9219 Kay Freeway SLute 130 AL Houston, TX 77024 De.e.J G.r,Wy, n«4...t...a DJ..s.. Nlte D..J.e..a G.er.M. Phone. 713882-880& tU��eMJ W IMu41J DJYIy. Fats 713-68243807 NOTICE TO BIDDERS CI.P Project No. 20024MI 1. Sealed bids in duplicate, on the original corms, sign. ad by an officer of the Company, and addressed to Martha Gillett, City Sec. retary, City of La Porte, 504 W. Fairmont ParkwayJ La Porte, Texas 77571 will be received until 2:00 PM? March 4, 2b02, for the construction of CRY OF LA PORTE CRY -WIDE SIDEWAU REPLACEMENT PROJECT FY 2W1.2W CLP PROJECT NO.2001-4501 2. Bidders a requests toa 0" coots e ° held In th Count re al Hall W. lei y, Porte, T February 25 2002, e 10.00 e. 3. Irdereste t contractor, may obtain plans, speeifi cations and necessary bid ding Information at no cos horn: CRY OF LA PORTE PLANNING " DEPARTMENT 604 W. FAIRMONT PARKWAY LA PORTS; TEXAS 77571 (201)471.M" 4. Each PROPOSAL shell be accompanied by a cashier's check, . certified check, or bid bond from a surety company Iicensstl In the State of Texas In an amount not less than five Percent (5%) of the total amount bid, as a guaran. tee that the Successful bid. der Will enter Into a Con;t tract and execute the Sond(s) If required, within ten (10) day alter the re. celpt of the Contract Docu-. S. The City of La Ports hereby notifies all bidder that' In . regard to Wry Agreement entered into Pursuant to of advertise. mom, minority business enterprises will be afforded equal opportunities to sub mR bids In response to tiW Invitation and will rat be discriminated against on Ore grounds of race, color, sex, age, religion, or no. Ilona] origin in coruMera. don for an award. 5. The Owners reserve the right W reject any and all bids and to waive informai- 1008 In bidding. In case of ambiguity of lack of Gear. noes In stating the prices In the bid, the Owner re- serves the right to consid- er the most advantageous Construction thereof or to reject the bid. CITY OF LA PORTE Marta Gillett City Secretary THE BAYSHORE SUN SUNDAY, FEBRUARY 17, 2002 • PAGE 5 C/TYOFLA PORTE CITY OF LA PORTE the City, and further ex- a: The Texas Alcoholic lion, 'tree Removal and 1. Harris County Depart- CLASSIFIEDS Martha Gillett pressly the names names of establishments Beverage Code; 9 Site Work merit of Education - 713- -- � = List $499 sell $115. 713- PLICATE AND CLEARLY NOTICE TO BIDDERS City Secretary and permit holders author- .!zed to sell wine and/or, b: Chapter 6 of the Code Package 2 Fencing 694-4882. 2. Associated General 560-7108. MARKED WITH " BID SEALED BID beer under the terms of of Or f Ordinances othe City of La Porte; Package 3 Landscaping Contractors of Houston- 103 Services QUEEN PILLOW TOP NUMBER AND DESCRIP- - TION. #0847- CONCRETE said Code; and 713-843-3700. A INDEPENDENT PAINT- Mattress with box springs. Brand new, will sacrifice WHEREAS, a new h apP - c• . This Ordinance insofar as this Ordinance does not Package 4 Paving, Strip - ing, Curbs, Sidewalks, and' 3. Associated Builders and ING AND SHEETROCK $195. Can deliver FORMS FURNISHED BY WILL BE RECEIVED AT NOTICE TO BIDDERS cant desires to sell wine beer location conflict with the provisions Flagpole Contractors of Houston - refinishing. Water dam- g aged sheetrock, settle- g 713-560-7108. QUEENSIZE ORTHOPE- THE CITY OF LA PORTS MAY BE CITY HALL,604 WEST FAIRMONT PARKWAY, CLIP Project and/or at a not previously permitted in of the Texas. Alcoholic Beverage Code; and Package 5 Concrete Foun- g 713-523-6222. ment cracks, holes, etc. All DIC mattress set with box OBTAINED WITHOUT DEPOSIT; LA PORTE, TEXAS, ATTN: CITY No. 2002-4501 the Chapter 6 of the Code of Ordinances of the City ty dation, Slabs 4. F.W. Dodge - 713-529- totally refinished, ALL TEXTURES ARE MATCH- springs.: New in plastic, $129 can deliver 713-560- FROM THE CITY SECRE- TARY, OF THE CITY OF SEC- RET RETARY UNTIL 2:00 P.M. of La Porte; and d.- The Zoning Ordinance of the City of La Porte, and tY Package 6 Structural 5132. ED.stained and 7108. LA PORTE TEXAS. THE MONDAY, AY, MARCH 4. 1. Sealed bids in duplicate, WHEREAS, the City has, ty all amendments thereto, Steel, Deck, Studs, Stand- 5.- Association of Minority Wished or prepped and CITY RESERVED THE on the original forms, sign- Pursuant to the terms of as such provision apply to ing Seam Roofing, Contractors - 713-433- painted. Complete painting 118 Garage Sales RIGHT TO REJECT ANY ed by an officer. of the said Code, made its Inves- all businesses within the Sheathing, Siding, and In- 5278. services. Quality work on- ly, guaranteed. Member HOUSE FOR ' SALE: AND/ OR ALL BIDS, TO WAIVE ANY THE BIDS WILL BE Company, and addressed to Martha Gillett, City Sec- ligation to ascertain wheth- City of La Porte regardless of whether or not sulation . Better Business Bureau. 320 South 7th St. 4 bed- AND ALL TECHNICALITIES AND OPENED AND PUBLICLY retary, City of La Porte, er said new applicant has such businesses are required to Package 7 Caulking and Project ptans and specs Call 281-471-7982. room, 2 baths situated on TO ACCEPT ANY BID OR READ IN THE COUNCIL 604 W. Fairmont Parkway, qualified for a beer and /or obtain a license or permit Waterproofing are available for purchase AFFORDABLE CARPEN- 6 lots. Beautiful inside and PART THEREOF, WHICH CHAMBERS IMMEDIATE- La Porte, Texas 77571 will wine permit from the City-, under the r provisions of the at Rid ewa s located at 9 Y' . TER Roofs, decks, siding, out. Drive by and take a IN THE OPINION OF THE LY AFTER THE CLOSING be received until 2:00 PM, and Texas Alcoholic Beverage Package 8 Fireproofing 15534 W. Hardy Suite remodeling. Call Robert 0 look.281-867-0545. CITY COUNCIL, IS MOST HOUR FOR THE BIDS ON SAID DATE. March 4, 2002, for the WHEREAS, the C' has sY Code. 220, Houston, TX 77060. 281 425-3409. Pets ADVANTAGEOUS ADVANTAGEOUS TO THE CITY. construction of determined that the new Section 3. If any section, Package 9 Elevator Please phone ahead to or - der your set of plans and DRYWALL TING_PAIN One dayservice. Will fix i HURRY GET first choice. EACH PROPOSAL MUST- � � applicant qualifies for a beer and/or wine permtt sentence, phrase, clause, Package 10 Mason 9 Masonry secs at 281-447-4441. P anholes, cracks, etc. Y Pit bull/Blue heeler mix FOR INFORMATION CONCERNING THIS BE SUBMITTED IN DU- CI�Y_OF LA PORTS Crt y- IDESIDEW from the City; or any part of any section, sentence, Package 11 Membrane, = Students Cheaper than you.. think. P Y puppies 7 weeks old 3 fe- BID,. PLICATED AND CLEAR- � [ � phrase, or P R f' RE LACEMENT clause, of this ordinance oo ing, and Accessories Always Guaranteed.. males, 2 males, $50. each. PLEASE CONTACT SUS- LY MARKED WITH BID Dwayne, 281-470-8267 AN KELLEY, PURCHAS- PROJEIrT_FY 2001 shall, for any reason, be Y 281-471-3406. NUMBER AND DESCRIP- NOW, THEREFORE, BE Package 12 Windows, ING MANAGER, AT 281--�-CIPPAOJECr held invalid, such invalidity g anytime. TION. IT ORDAINED BY THE Glazing 471-5020 EXT. 328. NO -4501 shall not affect the remain- g JACKSON'S TRASH 123 Miscellaneous CITY COUNCIL OF THE ing portions of this ordi- Packa a 13 Interior Finish - HAULING Service. Avails- _= CITY OF LA PORTS; RODEO TICKETS. Sever- FORMS FURNISHED BY • 4 nance, and it is hereby de- g ble Monday Saturday. Call 2. Bidders are_-requesteli Glared to be the intention es 281-471-4294 or page al performances. 4 seats CITY OF LA PORTE THE CITY OF LA PORTE Section 1. Chapter. 6, Loge level and arkin to attend a pre -bid confer- of this City Council to have 713-765 4532 anytime. 9 35 9. MAY BE OBTAINED once to be held in the Section anc of the Code passed each section, sen- Package 14 HVAC $100.281-360-9035. NOTICE TO BIDDERS WITHOUT DEPOSIT of Ordinances of the City MIKE'S TREE SERVICE Council Chambers at City fence, phrase or clause, or Trimming, Topping remov- SOFA, LOVESEAT, FROM THE CITY SECRE- Hall, 604 W. Fairmont of La Porte is hereby part thereof, irrespective of Package 15 Plumbing al. Lowest prices. 15 Bunkbeds, Lark scooter, TARY, OF THE CITY OF Parkway, La Porte, Texas, amended by granting a the fact that any other sec - years exp. St. disc. Insur- bowling game, misc. 713- SEALED BIDS #849- LA PORTE, TEXAS. THE February 25, 2002, at new permit for the opera- lion, sentence, phrase or Package 16 Electrical ed, Stump Grinding Same 903-8376 pager. DEMOLITION OF CITY RESERVES THE 10:00 a.m. ton of a restaurant, as de- clause, or part thereof, BUILDINGS RIGHT TO REJECT ANY fined in said Code, at the Day Service. Mike Henley, WILL TRADE CEMETERYmaybe declared invalid Package 17 Fire Protec- 713-477-4145. tots in Baytown for a va- AND/ OR ALL BIDS, TO following location, which lion T & L REMODELING- cant lot or property in WILL BE RECEIVED AT WAIVE ANY AND ALL TECHNICALITIES AND 3. Interested contractors permit shall be personal to applicant, and non- The City Coun- Paintin , sheetrock, car- g gentry, misc. jobs All the LaPorte area. 713-467- 0181. CITY HALL, .604 WEST TO ACCEPT ANY BID OR PART THEREOF, obtain plans, ecifi- may P � cations and necessary bid- .the• transferable, and shall be Gil officially finds, deter- mines, recites and de Project: Construction of ,. �8 Bring Honey Do's that Honey i FAIRMONT PARKWAY WHCCF- IN THE OPINION OF THE ding information at no cost further conditioned that the Glares that a sufficient writ Adult Education Facility don't. Melvin &Jerry 281- 479-6846 Serving the Bay � LA PORTS, TX., 77571, , ATTN: CITY SECRETA- SE CITY COUNCIL, IS MOST from: ermittee shall comply witit the provisions of time ten notice of the date, hour, Estimated Value: 1.1 Mil- lion ©���� - RY UNTIL P.M.ADVANTAGEOUS TO Texas Alcoholic Beverage place and subject of Area for 20 ears. - y GRASS MOW- MONDAY. FEBRUARY. THE CITY. CITY OF LA PORTE Code, and all other appli- federal, this meeting of the City 9 tY Council is sled at a ING. Free estimates. 002. PLANNING cable state, and local laws and ordinances, lace convenient to the public Competitive Sealed Pro - P Grass mowing residential 308 Apartments - FOR INFORMATION CONCERNING THIS BID, DEPARTMENT 604 W. FAIRMONT including other .provisions at the City Hall of P ty the City for the time re- Posals will be due on Fri - day, March 8, 2002 no lilt- Y. $®u�$ and and • commercial. 281-704-5480 or page P 9 1 BEDROOM CONDO THE BIDS WILL BE OPENED AND PUBLICLY PLEASE CONTACT SUS- PARKWAY of this ordinance and the Code of Ordinances of the quired by law preceding er than 9:00 a.m. Interest- 713-916-7641. $415. Call 713 780-7683. READ IN THE COUNCIL AN KELLEY, PURCHAS- ING MANAGER, AT 281- LA PORTE, TEXAS 77571 City of La Porte; this meeting, as required by the Chapter 551, Tx. ed parties must fax their P request for a proposal Together 104 Child Care TOWN APARTMENTS- CHAMBERS IMMEDIATE- LY AFTER THE CLOSING 471-5020 EXT. 328. (281)471-5020 STREET ADDRESS OF Govt Code; and that this Package to Harris County 24 HOUR CHILDCARE Furnished efficiencies and one bedrooms some ublit- HOUR FOR THE BIDS PROPERTY: meeting h g as been open to Department of Education P Purchasing Department at Flexible hours. Call for de- ies paid. No pets. One -or ON SAID DATE. 4. Each PROPOSAL shall 10003SpencerHwy., La Porte, the public as required by law at all times during 713-694-0242. tails 713-819-8256 La two people only. Inquire at NOTICE TO BIDDERS be accompanied by a Harris County, Texas which this ordinance and yu Porte area. 121 South Iowa, apt. 4 or 210 South Iowa, La Porte. EACH PROPOSAL MUST CLIP Project cashier's check, certified 77571 the subject matter thereof 24 HOUR CHILDCARE from 1 1 a.m. Afford- 311 TOWnhomeS BE SUBMITTED IN DU- PLICATE AND CLEARLY No. 2002-5201 surety com company licensed. LEGAL DESCRIPTION has been discussed, con- sidered and formallyacted quiring site access should contact ' If p.m: able prices 281-748-1316. MARKED WITH BID in the State of Texas in an amount not less than five OF PROPERTY: upon. The City Council � ' ty the H t Construction fice at 713-694-4882 Also elderly care available. BAY POINT TOWN- HOUSE 2-1, patio, stor- NUMBER AND DESCRIP- TION• 1. Sealed bids duplicate, percent 5% P ( ) of the total TR 8C, BLK 2(020*IA-6) OF THE W.J. Payne further ratifies, approves and confirms such written to to make arrangements. 4 age, covered parking, f on the original forms, sign- amount bid, as a guaran- tee that the bid- survey, Town of La Porte, notice and the contents = $750 plus deposit 281- ed by an officer of the successful Harris County, TX and posting thereof. Plan and Specifications 109 Help Needed 471-5325 or713-702-2577 FORMS FURNISHED BY Company, and addressed der wilt enter into aCon- tract and, execute the are available for viewing at 313 Other THE CITY OF LA PORTS MA Rr= to Martha Gillett, CitySec- retary, City of La Porte, Bond(s) If required, within PROPERTY OWNER: Zelda Ann Wright, Section This Ordinance shall be effective from the the following 9 plan rooms x at the HCDE Construe- i BOOKKEPER/EXECU- TIVE ASSISTANT: Must y OBTAINED WITHOUT DEPOSIT 604 W. Fairmont Parkway, y' ten (1 day after the re- Cezaw'S Windmill, L.L.C. date of .its passage and lion.(Please' call ahead to m proficient with BEAUTY SALON FOR Lease. 4 Stations. Upscale FROM THE CITY SECRE- La Porte, Texas 77571 will be received until 2:00 PM, f ceipt of the Contract Docu- ments- approval, and it is so or- dered. make viewing arrange- - ments). QuickBooks accounting Q La Porte. Extra room 281- TARY, OF THE CITY OF - _ NAME OF APPLICANT: __ - " - - software. Knowledge of 991-4998. LA PORTE-TEXAS r THE-Marg-h--_Z002-for_ the ®, �___ __.- _- _ ___.._-�ZeldaAnn Wright -re--- sailing a plus. Send -re= 9 P CITY RESERVED THE construction of: S. The City of La Porte - PASSED AND sumo and business refer- HWY. 146 FRONTAGE- RIGHT TO REJECT ANY hereby notifies all bidder ADDRESS OF APPROVED this ences to P. O. Box 1964, 2400 sq. ft. Office/ Ware -,, AND/ OR ALL BIDS, TO that in . regard to any APPLICANT: the 11th day of LaPorte, TX. 77572 or fax house. Call 281-471-5325. WAIVE ANY AND ALL CITY OF LA PORTS Agreement entered into leer Pasadena Blvd., February, 2002 to 281-291-9595. 6 TECHNICALITIES AND TO ACCEPT ANY BID OR CONCRETE SLAB FOR CENTRAL PARK OUT- pursuant to This advertise- Jeer Park, Harris County, Texas 77536 ; CITY OF LA PORTE, CDL DRIVER class B min- imum with air brakes and -ent, PART THEREOF, WHICH DOOR SKATING RINK m minority business . enterprises will be afforded rp HAZMAT. 25 years of age. 315 Lots for Sale IN THE OPINION OF THE CITY COUNCIL, IS MOST CLIP PROJECT N0.2002-5201 equal opportunities to sub- TRADE OR BUSINESS NAME OF RESTAURANT Norman L. Malone, Drug testing required. Lo- cal deliveries. 281-471- SHOREACRES: 60 ft. x ADVANTAGEOUS TO mit bids in response to this . Invitation and will not be BUSINESS: Mayor - 5255. 120 ft. residential lot locat- THE CITY. 9 Ridriare 9rn rnnnnefnrl discriminated against on Windmill Restaurant - ATTEST: . DISPATCH CLERK: Es- �� a half a block from Bay. FOR INFORMATION - - --- - - - -�--- -- to attend a pre -bid confer- me grounds of race, color, sex, age, religion, or na- ft is the intent tablished intermodal truck- Monday - Friday 8am-5pm CONCERNING THIS BID, once to be held in the tonal origin in considers- of the City Council of the Sharon Harris for ing company in La Porte, 281-471-1234 ask for San- _ PLEASE CONTACT SUS- Council Chambers at City ton for an award. City of La Porte that this Martha Gillett TX is seeking self-motivat- dra. AN KELLEY, PURCHAS- Hall, 604 W. Fairmont Ordinance merely permit City Secretary ed, team -oriented individu- ING MANAGER, AT 281- Parkway, La Porte, Texas, the .sale of wine and/or al to join our operations 316 Acreage 471-5020 EXT. 328. February 25, 2002, at 6. The Owners reserve the beer during the hours set APPROVED: department. Experience a plus! Fax resume to 281- BUY TEXAS Hill Country 10:00 a.m. right to reject any and all bids and to waive informal- by general laws of the State of Texas by retailers John D. Armstrong 471-5681 or email: lots / homes / acreage ifies in bidding. In case of selling wine and/or beer Assistant City Attorney billyk@transgulftrans.com nowl Many locations / choices / finance• options. CITY OF LA PORTE 3. Interested contractors may obtain plans, specffl- ambiguity of lack of clear- for consumption on pram - GENERAL HELPERS - Several open Blair Williamson, Agent. NOTICE TO BIDDERS cations and necessary bid- ness in stating the prices in the bid, the Owner re- Ises at the locations estab- lashed in Section 1 of this `The positions now. Available for. an Y 512-393-7948. ding information at no cost serves the right to consid- Ordinance. This Ord!- Harris County De - shift. Must have recent 317 Homes from: er the most advantageous nance is not an attempt to create zoning or other land Partment of Education Public Facility Corporation work experience, own transportation H S D or for Sale SEALED BIDS #848- AUTOMOTIVE PARTS construction thereof or to re ect the bid.. 1 use rights in property own- i s issuing the following Re - In our market place for goods and service... ' the Classifieds! G.E.D., no criminal back- LEASE PURCHASE 3-2 CITY OF LA PORTS PLANNING ers at said location, such that the provisions of quest for Competitive Sealed - Proposals, ' ground and pass a drug screen. La Porte and double wide. Pecan Plan- tation 713-903-8376 pager WILL BE RECEIVED AT DEPARTMENT 604 W. FAIRMONT CITY OF LA PORTE Chapter 106 of the Code of Ordinances of the City (RFCSP) from qualified sub -contractors for the fol- �� �-r0 RAG E North Channel area. Call Bruco Industrial Staffing 0 CITY HALL, 604 WEST FAIRMONT PARKWAY, PARKWAY Martha Gillett of La Porte, the Cityof La lowing trade packages: g Mini -Warehouses 713 473-6691.. LA PORTS, TX., 77571, LA PORTE, TEXAS 77571 City Secretary Porte ZoningOrdiance, 5x10.... $30"Per Month 401 Trucks ATTN: CITY SECRETA- (281)471-5020 together witall amend- ments thereto (as such Package 1 Site Inemoli- 10X10.... $50 Per Month HELP WANTED Part-time/ full -lime at for Sale RY UNTIL 2:00 P.M. MONDAY, FEBRUARY Provisions impose stand- ' " , 10x36.... $110 Per Month N.A.S.A. snack bar. 281- 02 ORDINANCE N0.1000-1-K arils on premises or buss- l lte Screen 40X36 W/bath....$400 Per Month 471-2824 after 3 m. P• 86 CHEVY LONG BED 350 engine. Good shape 4. Each PROPOSAL shall be accompanied by a nesses within the City of Sitar Screens, Storm t J HELP WANTED FOR Af- $1,800. Call 281-470-1756 cashier's check, certified AN ORDINANCE OF THE La Porte, regardless of Doors More �� 1 47 1 = ���� THE BIDS WILL BE whether such business or and ter school program at Boys and Girls Harbor. Monday 1965 CHEVROLET PICK- OPENED AND PUBLICLY check, or bid bond from a surety 'company licensed CITY OF LA PORTS, TEXAS, AMENDING premises are required to have a license or permit' Free Estimates a LA PORTE MINI -WAREHOUSE thru Friday 3-6 p.m. $7/ UP, LONG WHEEL BASE, STRAIGHT 6-CYL., AU- READ IN THE COUNCIL CHAMBERS IMMEDIATE- in the State of Texas in an CHAPTER 6, SECTION 6- under the Texas Alcoholic 281-47s-4218 201 N. 3rd St. La Porte hour. Call 281-471-9622. TOMATIC, NEEDS LY AFTER THE CLOSING amount not less than five o) (5/• of the total 78 OF THE • CODE OF ORDINANCES"• THE Beverage Code) govern L.V.NJ MEDICAL ASSIS TANT needed for local WORK, $800. AFTER 6 HOUR FOR THE BIDS Percent amount bid, as a uaran- g CITY OF LA PORTS, BY R and supersede the provi- &ons of this Ordinance, in Home Remodeling Dispatch Clerk physicians office. Call 281- PM 2g1-471-4g70, PAG- ER 281-262-5591. 4-16.5 ON SAID DATE. tee that the successful bid- ADDING AN AREA AT A RESTAURANT the event of a conflict be-.' Fainting, Carpentry, £ 471-0130 or fax resume to ALUMINUM CHEVROLET der will. enter into a Con- tract the - WHERE WINE AND/OR BEER tween this Ordinance and Power Wash, Established intermodal trucking 281-867-9241. NOW HIRING: Companies 6 LUG RIMS. $100. EACH PROPOSAL MUST BE SUBMITTED IN DU -company and execute Bond(s) If required, within FOR CONSUMPTION ON the provisions of the Zon-. Ing Ordinance and amend-'' _ Sheetrock, Wallpaper ' . coin an in La Porte TX is seeking � desperately need employ- P YPUBLIC. NOTICES PLICATE AND CLEARLY ten (10) day after the re- THE PREMISES MAY BE SOLD; FURTHER PRO- ments thereto. This appli- & Mildew.Removal self -motivated, team -oriented IIIdI- ees to assemble products home. MARKED WITH BID ceipt of the Contract Docu- Monts. VIDING A SAVINGS cation for wine/and or beer for consumption on prem- vidual to join our operations depart- at No selling,an Y hours. $500 weekly poten- CITY OF LA PORTE NUMBER AND DESCRIP- TION. CLAUSE; FINDING COM- . ises Shall be subject to the Reasonable Rates meat. Experience a plus! Info. 1-985-646-1700 PLIANCE WITH THE provisions of: Free Estimate DE DEPT. TX-7999. NOTICE TO BIDDERS 5. The City of La Porte hereby notifies all bidder y OPEN MEETINGS LAW; PROVIDING A SEVERA- 1KEDICAL BILLING Tim Price Fax resume to PART TIME ATTENDANT FORMS FURNISHED BY THE CITY OF LA PORTS that in regard to any BILITY CLAUSE; AND No experience necessary, 28I-470-1756 - (281 471-5681 or Needed to assist elderly Y and disabled clients with SEALED BIDS #850. MAY BE OBTAINED Agreement entered into. PROVIDING FOR AN EF- FECTIVE DATE. Will Train, FT/PT i 281-450-0042-mobile entail: billyk@transguiftrans.Com personal care and light THERMAL IMAGING WITHOUT DEPOSIT Pursuant to this advertise- merit, minority business Computer Required, - i p � housekeeping in the La Porte area. Must have own CAMERA FROM THE CITY SECRE- TARY, OF THE CITY OF enterprises will be afforded . WHEREAS, the City tY of La Up to $60,000/yr 8882259652Ext. 162 ()-, CHESTERTON , transportation. Contact LA PORTE TEXAS. THE equal opportunities to sub- mit bids in response to this Porte has, in Chapter 6 of the Code of Ordinances of Warehousing Shipping & Receiving Mary Ann at 979-836-4714 WILL BE RECEIVED AT CITY RESERVED THE lty or 1-800-347-9902. . sold CITY HALL, 604 WEST RIGHT TO REJECT ANY invitation and will not be discriminated against on a o a Porte, regu- lated the Imation, closing 111 Opportunities FAIRMONT PARKWAY, LA PORTE, TX., 77571, AND/ OR ALL BIDS, TO - WAIVE ANY AND ALL the grounds of race, color, hours, and sale of wine EARN 6 FIGURES + ATTN CITY SECRETA- TECHNICALITIES AND sex, age, religion, or na- tonal origin in considera- and/or beer on premises In accord with Provisions of Selling businesses. Own g RY UNTIL 2:00 P.M. MONDAY. FEBRUARY TO ACCEPT ANY BID OR PART THEREOF, WHICH ton for an award. Texas Codes Annotated, your own office for 25K 25, 2002. IN THE OPINION OF THE Alcoholic Beverage Code, g Chapter -105, Section a ABC 1-877-845-8267. CITY COUNCIL, IS MOST ADVANTAGEOUS TO 6. The Owners reserve the 105.05 and • Section 105.06; and In accord with THE BIDS WILL BE THE CITY. right to reject any and all the provisions of Texas 115 Furniture OPENED AND PUBLICLY READ IN THE COUNCIL. FOR INFORMATION bids and to waive informal- !ties in bidding. In case of Codes Annotated, Alcohol - BED KINGSIZE CHAMBERS IMMEDIATE- CONCERNING THIS BID, ambiguity of lack of clear- is Beverage Code, Ch g �- ter 109, Subchapter C, Mattress plush, with box LY AFTER THE CLOSING PLEASE CONTACT SUS- ness in stating the prices in the bid, the Owner re- Section 109.31 at seq; and spring. Unused, new in plastic. List $799 sell $225 HOUR FOR THE BIDS ON SAID DATE. AN KELLEY, PURCHAS- ING MANAGER, AT 281- serves the right to consid. WHEREAS, the Code of - Call713-560-7108.' 471-5020 EXT. 328. er the most advantageous construction thereof or to Ordinances of the C - ftY of FULL SIZE MATTRESS EACH PROPOSAL MUST reject the bid. La Porte expressly Itmlts the locations at which wine Set brand new in plastic.' BE SUBMITTED IN DU- and/or bee be In Our Sales and Service office in La Porte, TX has , an opening available. We are seeking candidates to man- age warehouse shipping, receiving, & inventory control. Position will be accountable for all shipments of customer orders and receipt of inventory products. Requirements: High School diploma or equivalent, fork lift experience, PC proficient, knowledge of UPS and FedEx software. Strong communication and customer service skills a plus. Interested candidates should fax resume and salary history to, Chesterton, Texas @ 281-471-6440, Attn: Joe Loverdi. Page 6 • THE BAYSHORE SUN • SUNDAY, FEBRUARY 17, 2002 1. I I X6211 Yn JodQy! . !NAME: (ADDRESS: IDAY PHONE: f I STATE ZIP I - I AMOUNT ENCLOSED $ We accept Visa & Mastercard Credit Card # 1 1 Exp: Date: 1 Card Holders Name & Signature 1 Mail To: The Bayshore Sun 820 S. 8th Street LaPorte, Texas 77571 April Wedding Planned Mr. and Mrs. Bill Maltsberger of La Porte are pleased to announce the engagement and approaching marriage of their daughter, Robin Suzanne Maltsberger, to Peter Michael Storms. He is the son of Mrs. Elizabeth Storms and the late Lt. Col. Peter Storms of Buffalo, New York. An April 20, 2002 wedding is planned at First United Methodist Church in La Porte.- A Special Visitor - At College Park-,' Clifford, the Big Red Dog, made a special appearance at College" Park Elementary's recent annual Book Fair. Visiting with Clifford are third graders Khail Greene, Kiandris Allen, Lindsay Sivley, Allena Velasco, .Samantha Ghandoura and their teacher, Becky Jordy. 25 i'1s.of UtOMYSen AN Ihhes Ilepabmd aUE ESTRIA.&IFIFS 5o E.Soudvmie CtA Texas hrStitute 281-993-485.1 21 WHEN Ae`0 0000 SMAJORCONCERN,- - � -A. 0 L)UU• Now that BayCoast Medical Center has become San Jacinto Methodist on, best suit your emergency needs, call 281-420-8888. We think you'll find that Alexander, your minor emergencies will get major attention. Our goal is to when it comes to providing comprehensive care for Baytown, we've made a major provide you prompt quality care for the treatment of coughs, colds, sore improvement. throats, sprains, strains, broken bones, cuts, stitches, rashes and the like. AlethClst Sari JaClritO If your needs are more serious, our San Jacinto Methodist Garth Campus is == �/jethOC�1St Hospital fully prepared to handle major emergencies at any time. We believe two types of emergencies deserve two types of hospitals. To find out which facility will Alexander campus fi LFADiNG MFnIC:INF 2610 S. Hwy 146 (Alexander) Baytown, TX 77520 281-420-8888 www.sanjgcintomethodist.com City of La Porte Established 1892 April 17, 2002 Douglas L. Davidson D.L. Davidson Contractors 19728 Saums Rd. PMB 125 Houston, Tx. 77084 Re: Notice To proceed CPL Project No. 20014501 Dear Mr. Davidson: You are hereby notified to proceed with the above referenced contract on or before April 29, 2002, and fully complete all of the work of said contract within 45 consecutive days thereafter. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each calendar day after the above established contract completion time that the work remains incomplete. If you should have any questions or need additional information, please feel free to contact me. Sincerely, Carlos E. Martinez Supervising Engineer CC: Doug Kneupper, Director of Planning Reagan McPhail, Public Improvement Coordinator 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 dDf BID BOND (Parcentage) RnQg ttmhef- 000025704BD referred to as the Pfindpat, and rreetesn Susecy Contvnav as Sw*, are hekl and firmly pound unto C i t v o f La Port A Of _ herOwIller refenred to as Ore Qbfigee, in the sum of Five ( 6 96) perceftt O} tune pmafzs! amowdbidnottoexceed m.an mr n,.<fyyd a.,.t nn1ip() nnllarc Donors ($2.000,00 ). for the payment of Which we bind OUrselves, Our"M Wiese tBlhres "Waasors and 89e10U. Jotnay and mverally, tb * by fta presents. PAiERM Pfinelpat has Submitted or Is about to Submit a pnopoeel to Obligee m a contrad fir Fad > o r Outdoor Skating Rink NOW. I HEFORE, g me Said Mbeot be awardad to Pdndpal and P. iOWL wMh Such tare as may be ePedfled, 0*01 btb the oalbae! in wralhlg and give such bone or bonds as may be spedrod in fho btddatg or Dourest documents wRh saety acceptable to Ob0pe; or if Ptnoipat town fen to do 0. M to MWO fie dWaps vAttdh ObW may wit by rsaw Of such AMM not WMW tnp the P&Mlly of chi, bond. Open thta n shall be voih of erwisa to remain in fub force and effect. SMED,19FAbEDAND DATEC'thio dth daypf hta--;rh 2002 •... BY pdakgAuane Barnes :� [•' 2• • . .,p -. Know All him By Th® b"otthe Bbe d8ovb Doi mats, coomitnte red appdut .U•.K a r►e::.rn' ►+d:r�tiit}tZttS+a Bead No. 000025704ED that WEBTIMN SUMM OMDANY, a 1— dub atpebad red esWac mdwr the "late W pe6uipd inSoux Falb, SwAh Dahea WE N bmproy'1. der by ftuptetmb a Duane Barnes ita trm and LwW a Yin4et with m➢ pewar and mudw q briny amdun{ in we b, arAuowbdp od deli to fir and on ib bebµfu Bm*W. hoteda Mr. Psiec>aal: Brooke Concrete, Inc. OWiete: City of La Porte Amvnnt $2,000.00 dad to bad the Compftw tbmrby as tuft ead tt the wow eapat n ifauch bumb vmna dp ed by the H I VW Pr.ddaeL old wbb the vapmwto ad of elm ONUPEW and daffy bawled by iv &meter,, %MW rveb'lue Sind eea&mbe all and; On uld atmeego}-s& a xz" do wilhm tbs ahem stated DmCatisea Said appointment is wads —3— and by aatI "N d the hdbwwbe hybw d Wuwm &nwtr nanpe i ... reauLinn in foil foes and adici. "Saetite 7. ALL boodk poMm aadertSlwp. Power of Attabey or otboa eblipdoon of the oadpora" Sea➢ bo „"Send to Ins to adau of 9e Cmzpa_q by the Pnddmt. Sometaay, any Arms d SwvWxy. Tlsaaeae, or any Viv Paaddmf or by owh older odfars u tb Plata d Duwdaaa ma4 eetharia_ Tho Pvptideat, sail to have bno Hatay. t u A oEU&in in ft t. m tfi f Tteesew MU1A'phpapmt ANoeeaTa in flee ae getlb the dn.➢ have dutboaib w Woe bends, poGYfsr, m tmdtatatiap iw the Dams d obfga of the aqm TThe and mpahm awmamw � o! mud miI I 4 dwalwdbo Etmsaq► eralter 21�11 wAlwa y boobs aoxnard AA expiw dad lvmims, wWwat moot, union urd Mtbre midefent oe Tune 4 OOL Est mh7 asth thm ahll be hawvoesh3a and in fdi foaee and eBeL In Witeata Whvaoi. Waetam ewe* bet earned eLue pmew m be dpmd t y itr ) x4outwo Vde PrnhhmR 8lephrm T - Pate,andA b Sw to be aaiwh%'- Qth dwd March Inn2 SE A1. WESTER 6 RETY COM NY B T. Pew, Eman Via PwwAm A1® 061th . 4th deaf March iu*AE*u 2002 ,bn��,eeaarypah6e,pelapglb�pgphad Mpbea T. Pao, wbo Ulae to no deb aaarw atblw.fedRd thin IN OPW ft abaft ibww d Attomq u the a ot8ar d WWrM SUBSTY COWANY and atimrindpd add taenvmeut to be the vohmtay mot "dad of 'd ompmaiad f � 0. K'ilL .._._. K�Sec Sway Pehbo -berth Dales My Oetm ham Ewlm Oki, ambar30, 2008 f the oodadped moat d Wanwo Strap. C®pww. a dock oa MOM arMe Bale dSO06 Dante, dp bnaey &fttW that aha aeaehtd Pawei dAttamys is fa➢>eRa amd ef)set dad b Lsevpoahlt, end laraha� that 8eelm 7 dIM UsLwa oftba LbtVdtp r ut tbattt fe On ibwee dAmaaaayy yeIn now in *M. Mar chnly 2002 maatmybaadadaeeld{fawanSam{aCmpaaQlLh-- 9th agar WESTERA 8 RE..TT COM NY ire T. Pre. Mutuave vie Pmddma FORM aS9p6Llea - .". - r- .i7 .. %%V I f' o r, o g�dN,Mbff. 000025669ED KNOWALL PERSM BY THESE PRESUM, Thatwa Brooks Concrete, Inc. of 4018 Allen Genoa, Pasadena, 7X 77505 118f18iT18>ttif r %mW to as tta Pdnc" and K+a eero surnev ecmouny ag.arghWOd§M,bWW LWftCity of La Forte tatrei referred to as IN Obfgea, in Ore sum of Five (5 %) VMcV of 8m grr A antaattbtdnGttDeeoeea Two ThousAncl wine Hundred And 004100 Dollars pogaa (32, 900.0 0 ), for the paymard of which we l>lrtd ourselves, our regal mpuadsoM wXOw ems and ttsslgns, lolydq and Beverallp. fir * by these presenm• VWEREAS Pdnc%W has submitlad of Is about to subrit a proposal to Obligee on a mnhad fer city wide Sidewalk Replacement NOW THEREFORE. B fie Bald *Onftat be awanled to Whtdpal and PrWw4W dmA wMh such tlms M may be Sped " aftr hrm the =*ad in wrltstg and give such bmtd or bands as trtsy be in the blddbp or =t d dMMW to wIIh aw" aoeeptsble to Obllpa; or if Prirtotpal dmu hd b W So. pay to Obligee the d8mages which Ob6gsa MW golfer by reason of swah faAn nr# aaosa?ag ate peaty of tltls bond, tiara this abGpetim shall be void; otherwise to remain In fu0 term and eflea SKMED, SEALED AND DATED this 4th day of March 2002 VI � l` Bmd Na 000025669ED Snow AR Mam By ram PnmamdM thm nCSxP�=N Bb�,TY OWANY, a mep�lm dbb' � sod a� wdsr the hw. Came Baao deawh D'k°o�lj&bK'S�8'na ��''rne�a• im Bioo: Fsua Bonih wboa am. •tbvsay'x deu e9 lbss vmmm nmim, C=Xdtz e.aa Apelm e tb b tre sod One � w;:b AM pews aad belm im ua dmt,: bmde pm 4 beeby ame, tm saeale sdmowLdp anb d &bm and on nix — Brooks Concrete, Inc. pbligm- City of La Porte Ameeat $2,900.00 a idWbW *Athe ' am*" �' amd to tb eema *-tank as itsnth Goods was e- l M tb &wldm Vlm p I, ,t, mLd _mutate ow d ae the cap*an d dub almemd by * imm", tames rRtmml M4 ooa m*4 sp mat me old mb' de ad®io me chew oina i limMaten wmw Wd estem Bald appoiabmem a made under amd by Rafsseiy d tb �T mmapaAY Which Temame s faB fmo d OSWL g ' @Wm T. AB bond% gWkju, uodertaj&*k NFM d Atmmay or abe obWp ei {be eoepotath�e abs b *-eaamd An tb ccalPatorJar etc name the cif he Cmuao�a� �� � amvtuy. Tn=mm. or RV Vim YmaidmA ar 1w.aA Tteauaer mq Ap = At Maye in Fea9a suthmtm. The am Vim Ae MO 9, swnsuY, day Aaetamat Sematoy, or She the �'. The mM mm snt 7e not mgmta r g Va b+Re f a6i ty to kW bonds, pdidm, A tmdatabW to the mama d much dffE�nd the By bmde, POBdA% abiptie.s ad the as The alpsaoe Dt I =al av b demea y a abet 29Y'hm* hw ' =&nW *aft" sad mrmteuta..dtbw Odw, eemea mud - aaw ma d& d In, 4 . bat aatll emb Cam. ebdl b cenou6l. and m tau tie and a�eL la.rjd�wy a wberm& weamm Betab�• ba rimed Sba m e. ns pam,'Y�!`dlt aealmba4M W 3tC d�fd �' z °Us°P®Prtddm4BWh�L SF Ae WESTEV S RBTY COM NY 77 8 pba T. Puk &.e We Pf"Mens , W�� O of an T. PM vbtb9a tome dab � m 2002 hedna me, a wav pubta, pesmmoly aPWsnd wgmu"SURM tX1YPANY s 0 }r ME" ad:nowiedatd MM be et�aed tba above Fbw42 d AU=My as tdr ,bung ad'im d mbdpde 1DitrOID'"t m b ib'°tnnm4 set, aad dad d d a rpaw a. fE+J�warrm rr p P�Be -south lfdco4 my QMftftM M BOW Movan6630, 2WO aeuebd ®dmdp� a0imr of Woftm Somq� em"37, a amok mrpmation Came sum aramb nakom do b� a" tma ova ae eet dseb in det FbwnCa bAttomttr M now t m. m ��a fh a Rskhm 7 drb. bylrn d eha Wmpwe it t �aakmyL.nda�ewldY!*-mraftwA7Cmsaufdra 4th-- d4d WESTBBON� 8 BSTY COM Np (`9(wpP F. Yam Vi*proAdmk t `: 02/15/02 08:31 To:Doug Davidson Frow Debra -Marie Allen 113 966 1700 Page 1/1 ACORD_ CERTIFICATE OF LIABILITY INSURANCE aLDxv-1 0z/OPIO THd Da2,'1.5s; o2 N Dvm. THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance AllidILCe HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77056 Phone: 713-966-1776 Fa=: 713-966-1700 INSURERS AFFORDING COVERAGE KnnPllTl as Mutual Ins Cc Kq 9]FOR Travelers IRSUranCO Company D L Davidson Ccntt�.]..actoxs Inc. FfAA'LH L' 19728 -Samh -Rd. 'E125 KnI6 lI Houston TX 77084 � KF 4llfl p COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANT R[OUIR WQlT. TERM OR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO wHICH THIS CERTIFICATE MAT DE ISSUED OR MAY PERTAIN! THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAT HAvE BEEN REDUCED BT PAID CLAIMS. LT. TTH Or IIIWfuNOE po4er LRhYER Dan an LuoO/T, LrTt oTi101K LLN%jI' LxuttiLLF)3r K:L ] 1, 0001000 B E e•:+.auLPL UuarxuNA+w PACP7�3E019A02 02/22/02 02/22/03 II+L wwvarnn,++l..r ] 300,000. :auw:«w Or:,-rn Hrv+Rm prv,,.nc...q i5. 000 ru.'r.+uu.Lwvluf�r s1, 000, 000 _ euawa /:•A+L•:.aL T 2, 000, 000 fFM yYYiFfIT}I tlf yi. Rf: NTT ffr'M h'.Tf.. ,\'M LI Lf.I: t 2, GOO, OOO .TOM 2Lbellr, yry u IrC, (FI NIWIV) V.ilYlUllfY Iprr Vsl Wllr ]. NLr:M.1W N11 :^i :iU LULLLU /LI :^i MIY u,KJ. 16t1 LHdWWI:�J W. VNI1 W. YUVH4 f 1YM'MTfuWf.• (h'l NlL1III f OERWELD14fTT /LIV'.\U' LAGCCpUII ] NNlLI. - LT1IP: TIWl1 p. ry; � ] f Lr R:,:NM Miri lLClft LIMITT llt]1'JtA%.Ta•LIRL I ] '\'�*� I I+'I'wJ M•UL AVrtl'inlL I1' If LLW.'IlA1 Fl ILl111.,1 S ] A aS/II,PaC4Mp01YT10N.ND OTf1f W°6RT TSP0001110899 11/17/01 11/17/02 Z ^ IVFY LW I LK u.Lxa neea.Lm ] 500000 LL.IX�A LI.LNVLVHI ] 500000 14 rxry+•n:I L:vl wr ] 500000 DTHER A Contractors Equip PACP741HO19AO2 02/22/02 02/22/03 Rent/Leas 250,000 Dad 250. DGKPPTbN OI MWTIOHKOC�TbN1NiDOOLEt4TCWOONt aDOCD AT EIL]OPLEMGHfRPECYI MONt1pNt CERTIFICATE HOLDER N I aoortlowLn+Twlv.P .LSTTM CANCELLATION 1H 0EHY of TM aQOr1D IMMID POLI4411 WC CKLLSD TRFCRA THE EXPIRaMN WTe THEp1OF, THE Hawes K ffh ftLL IH .OA TDE ,.30 "'SIm.TTEH _ .. IPHUM TO THE cm+THr 70 HOLDERH O TO THE LAF T. NUT F.RUR1 TO w se iwll � - - rou HD ea]oatTon oR LIMRITT or yrt nao 11OH THt a+EUImL m we+.n oR ... _ RspR 16iraTNEi . � `• aU R a1HfaTM .L Vnu'Ds ]nsfl p]ACORD CORPORATION 1933 The nerican Institute of Arc sects HOUSTOUN, WOODARD, EASON, GENTLE'` Y Tomforde and Anderson, Inc.i"""' dba Insurance Alliance 1776 Yorktown, Suite 200 A I A Document A310 Houston, Texas T7056-4114 BID BOND I.D. g000596666545 KNOW ALL MEN BY THESE PRESENTS, that we D.L. Davidson Contractors, Inc. as Principal, hereinafter called the Principal, and National American Insurance Company 1008 Manvel Avenue Chandler, Oklahoma 74834 Bond No. CB53259 (Here insert full name and address or legal title of Contactor) (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Oklahoma as Surety. hereinafter called the Surety, are held and firmly bound unto City of La Porte as Obligee, hereinafter called Obligee, in the sum of FIVE PERCENT (5%) OF AMOUNT BID (Here insert full name and address or legal title of Owner) Dollars ($ 5% A.B. ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has submitted a bid for City wide Sidewalk Replacement Project FY 2001-2002 (Here insert full name, address and description of project) Now, Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such a bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,, otherwise to remain in full force and effect. Signed and sealed this 4th day of March, 2002 . D.L. Davidson Contractors, Inc. - (Principal) (Seel) (Witness) (Title) S e Ko a (Witness) National American Insurance Company (Surety) (Seal) Michael Cole Attorney -in -Fact — AIA DOCUMENT A310 . BID BOND. AIA 0. FEBRUARY 1970ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 NATIONAL AMERICAN IF- JRANCE COMPANY WER OF ATTORNEY CHANDLER, Onl_AHOMA PRINCIPAL D. L Davidson Contractors, Inc. EFFECTIVE DATE 3-4-02 19728 Sautes Road, PMB 125 , Houston, Texas 77084 (STREETADDRESS) (CITY) (STATE) (ZIPCODE) CONTRACTAMOUNT L19 I 1C)1'1 . °c, AMOUNT OF BOND $ 5%A.B. POWER NO. CB 53259 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: 'Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey-in- Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with �r�e�s�pr,e^ect to anyy bond or undertaking to which it is attached. • National American Insurance Company does hereby make, constitute and appoint DONALD E. WOODARD, JR., SHARON CAVANAUGH, CYNTHIA A. HARTIS, C.W. ADAMS, SUE KOHLER, ANDREW NDA, LELAND L. RAUCH, CHERYL R. COLSON, HARLAN J. BERGER OR MICHAEL COLE Stateof TEXAS its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attorney -in -fact to bind the company shall not exceed $1,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National. American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY '•e'M iMJ4.�� W �� e; W. Brent LoGere, Chairman & Chief Executive Officer a \�4 t STATEOFOKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July, A.D. 1987, before me personally came W. Brent LaCere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. a ik" ,/ // I A' A -! Notary Public My Commission Expires August 31, 2003 STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: 1, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER-OFATTORNEY remains in full force. Signed and Sealed at the City of Chandler. _ , Dated the 4th day of March , 2002 - -. (,Month) (Yem) Winifred E. Mendenhall, Assistant. Secretary �QrCAHD� . CITY OF LA PORTE CERTIFICATION BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance #98-2217 prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La. Porte, the amount of its delinquent indebtedness to the City'of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance . shall be just cause for rejection or disqualification of bid. The undersigned hereby certifies that it is in compliancewith Ordinance 98-2217. or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business,Namec Address• `i/ a 'Allw6P/- qe • V Authorized' Signature: — Printed Name:.L— BID PROPOSAL FOR UNIT PRICE CONTRACT ' CLIP Project No. 2001-4501 r Proposal of Gt%o . (hereinafter called "Bidder")* a corporation, organized and existing un er the laws of the State of %X. * a partnership, or an individual doing business as to the City of La Porte, Texas (hereinafter called "Owner"). Ladies and Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of City -Wide sidewalk replacement project FY 2001-2002 per plans and specifications prepared by the City of La Porte; and having examined the plans and specifications with related "documents` and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the' project in accordance with the contract documents, within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specked in written "Notice to Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to 'pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: �7 DATE: Bid Proposal 1 of 4 BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all oft a work shown ont'h'eaplans and further de crlped in the s ecifjc jons for the sum of f ��,'Am`oLenWtSKa-1lb'e show in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions The bid security attached in sum of dollars ($ 9 76V Z. ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set. forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectf y submitted BY: (Sicfnaiure of Authorized Person) uxy Qn/ ��y T—rint NamoOt Authorizederson (SEAL) Ike lXeS/ly,v% (Title) �/�/R A/l�•yGeti� (Business Address) Nii aJe&a A', 77S"/%tf (City) (State) (Zip Code) yK. 7/, 3 cly 7-BIV ` (Telephone Number) Bid Proposal 2 of 4 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ ALL OTHER CHARGES: $ TOTAL: $ `I z-R1 5�- . This total must agree with the total 'Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess .of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. 1� M Bid Proposal 3 of 4 BID PROPOSAL FOR UNIT PRICE CONTRACT BID SCHEDULE CLIP Project No. 2001-4501 CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 Item Description Unit Estimated Unit Total No. Quantities Price 1.0 CONCRETE SIDEWALK LF 3497.3 REMOVAL q ZQ. COMPLETE IN PLACE _ 13M @ S r/0 �pl�a ti per �+�vu7 PdaY 2.0 4' WIDE CONCRETE SIDEWALK LF 3648.4 gU 7,1 COMPLETE IN /PLACE @M per / iA�plfI7` 3.0 MANHOLE ADJUSTMENT EA 6 COMPLETE IN PLACE per il?QR/�D�G 4.0 GATE VALVE ADJUSTMENT EA 7 �y� COMPLETE IN PLACE 3 / W � IX @ UA/A per gLrrf 114 //(, 5.0 EXTRA BANK SAND (ORDERED TON BY CITY) COMPLETE IN PLACE @ 3S"� Per TON - 6.0 EXTRA SOD (BY CITY) COMPLETE IN PLACE Per LS SY TOTAL AMOUNT BID = (IN WORDS) Bid Proposal 4 of 4 CITY OF LA PORTE CERTIFICATION BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance #98-2217 prohibiting any expenditure for goods or services by the City of La Porte from any. person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. ___�,/The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: L 6/ & -- Address: Authorized Signature: Printed Name: 4/ w A'1W6-ely"' / BID PROPOSAL FOR UNIT PRICE CONTRACT CLP Project No. 2001-4501 Proposal of GTf (hereinafter called 'Bidder")* a corporation, organized and existing un er the laws of the State of %X. * a partnership, or an individual doing business as to the City of LaPorte, Texas (hereinafter called "Owner"). Ladies and Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of City -Wide sidewalk replacement project FY 2001-2002 per plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all expenses incurred in performing' the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within /_ consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: AI DATE: 2_ r Bid Proposal 1 of 4 BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans ;;nl fuarsrthQr d scr'.ed in the speciftc$4*ons for the sum of _ 19"e$ `- Amount�l be s o in both words and figures. In case ( -5754J ) 9 of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions The bid security attached in sum of dollars ($ ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfu y submitted BY: (Sicfnature of Authorized Person) TGm Q( /A �{ * Urrint NameOf u onze erson (SEAL) (Zie /°i allke,7 (Title) 4(mk A/11�4y6elyw (Business Address) ka e a 2. 77R)S/ (City) (State) (Zip Code) 3 yy7-8kj�) (Telephone Number) Bid Proposal 2 of 4 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES: TOTAL: $ 1` 771 a $ rT 3�,ZQ $ s 7S y This total must agree with the total 'Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. Bid Proposal 3 of 4 BID PROPOSAL FOR UNIT PRICE CONTRACT BID SCHEDULE CLIP Project No. 2001-4501 CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 Item Description Unit Estimated Unit Total No. Quantities Price 1.0 CONCRETE SIDEWALK LF 3497.3 REMOVAL / CUOMPLETE IN P E �a_�" per 2.0 4' WIDE CONCRETE SIDEWALK LF 3648.4 COMPLETE IN PLACE @ t".rt per / l Ai919i' 3.0 MANHOLE ADJUSTMENT EA 6 COMPLETE IN PLACE 1 o a�vo per 10&41�0IG 4.0 GATE VALVE ADJUSTMENT EA 7 COMPLETE IN PLACE / 3W a fgj @ A/ �G�A per nirT{ 11411110, 5.0 EXTRA BANK SAND (ORDERED TON BY CITY) COMPLETE IN PLACE @ 3S� 6.0 Per TON EXTRA SOD (BY CITY) COMPLETE IN PLACE Per SY TOTAL AMOUNT BID `5719 (IN WORDS) Bid Proposal 4 of 4 I SPECIFICATIONS I " -AND CONTRACT DOCUMENTS:, : FOR. L" a4 1.1 ,l t 1 r CITY-WIDE SIDEWALK REPLACEMENT 1 PROJECT FY `2001-2002 y .1r L' 1 p.: 1 • : -'I -.- - I 1 , v l TE X.AS 1 . . CITY OF LA PORTS, TEXAS r. JANUARY-2002 i ' - CLP PROJECT�NO 2001=4509 ' i r :1 ' CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 CLP Project No. 20014501 TABLE OF CONTENTS !' SECTION NO. OF PAGES 1 NOTICETO BIDDERS.............................................................................................................1 SCOPEOF WORK...................................................................................................................1 ! INSTRUCTIONS TO BIDDERS...............................................................................................4 r' SIDEWALK LOCATIONS ................................................................................18 ' i. BID PROPOSAL................................................................................... ....4 AGREEMENT.................................................................................................................:....::...2 .1 PAYMENTBOND.....................................................................................................................2 PERFORMANCEBOND..........................................................................................................2 GENERALCONDITIONS.......................................................................................................42 SUPPLEMENTARY CONDITIONS......................................................................................10 TECHNICAL SPECIFICATIONS...........................................................................................19 i °: o :c /DOUGLAS K. KNEUPPER .................0............... /.4.. 77145 ' Z-Z. 7 NOTICE TO BIDDERS CLP Project No. 2001.4501 1. Sealed bids, in duplicate, on the original forms, signed by an officer of the Company, and addressed to Martha Gillett, City Secretary, City of La Porte, 604 W. Fairmont Parkway, La Porte, Texas 77572-1115 will be received until 2:00 PM, March 4, 2002, for the construction of: -1 CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 CLP PROJECT NO.2001-4501 2. Bidders are requested to attend a pre -bid conference to be held in the Council Chambers at City Hall, 604 W. Fairmont Parkway, La Porte, Texas, February 25, e' 2002, at 10:00 a.m.. 3. Interested contractors may obtain plans, specifications and necessary bidding .' information at no cost from: CITY OF LA PORTE ' PLANNING DEPARTMENT 604 W. FAIRMONT PARKWAY LA PORTE, TEXAS 77571 (281) 471-5020 4. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or bid bond from a surety company licensed in the State of Texas in an amount not less than five percent (5%) of the total amount bid, as a guarantee that the successful bidder will enter into a Contract and execute the Bond(s) if required, within ten (10) days after the receipt of the Contract Documents. ' 5. The City of Porte hereby notifies all bidders that in regard to any Agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not ' be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. ' 6. The Owners reserve the right to reject any and all bids and to waive informalities in bidding. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof or ' to reject the bid. ' CITY OF LA PORTE ' Martha Gillett City Secretary 1 Notice to Bidders 1 of 1 ' SCOPE OF WORK CLP Project No. 2001-4501 tCITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 Project consists of the removal of existing sidewalks and replacement being with either sidewalk or wheelchair ramps. Wheelchair ramps shall meet the minimum criteria as established by the American Disabilities Act. ' Removed concrete shall became the property of the contractor and removed from the site. No new wheelchair ramps in this contract I Performance and Payment Bonds shall be required for these projects. �1 i, ' Scope of Work 1 of 1 .1 ' INSTRUCTIONS TO BIDDERS CLP Project No. 2001-4501 ' RECEIPT AND OPENING OF BIDS ,t The City of La Porte (herein called "Owner', invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of the City Secretary, until the time and date indicated within the NOTICE TO BIDDERS, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed and addressed to Martha Gillett, City Secretary at 604 W. Fairmont Parkway, La Porte, Texas 77571. The Owner may consider informal any bid not prepared and submitted in (' accordance with the provisions hereof and may waive any informalities or reject any and s' all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. PREPARATION OF BID Each bid must be submitted on the prescribed form. All blank spaces for bid ' prices must be filled in, in ink or typewritten, in both words and figures, and must be fully completed and executed when submitted. l' Each bid must be submitted in duplicate in a sealed envelope bearing on the I outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, address as specified in the bid form. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the ' Owner. Bidders may not subcontract more than fifty percent (50%) of the work. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication tis received by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. ' Instructions to Bidders 1 of 4 QUALIFICATIONS OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such i' bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. BID SECURITY ' Each bid must be accompanied by a cashier's check, a certified check of the bidder, or a bid bond prepared, duly executed by the bidder as principal and having as f; surety thereon a surety company approved by the Owner, in the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to all except the three (3) lowest bidders within three (3) days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have ?' executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT .' The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. TIME OF COMPLETION AND LIQUIDATED DAMAGES Time is of the essence in this project and the contractor must diligently pursue the construction of the work so as to offer it for final acceptance by the Owner within the time limit specked in the proposal. Liquidated damages of $100.00 per day shall be chargeable for each day the work remains incomplete past the stated time limit CONDITIONS OF WORK ' Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry ' out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. ADDENDA AND INTERPRETATIONS ' No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation ' Instructions to Bidders 2 of 4 should be in writing addressed to "City of La Porte, Attn: Planning Department, 604 W. FAIRMONT PARKWAY, La Porte, Texas 77671 and to be given consideration must be received at least five (5) days prior to the date fixed from the opening of bids. Any and all such interpretations or any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the ' opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. '1 CONTRACT SECURITY ' The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful i, performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project.' NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS Attention is particularly called to those parts of the contract documents and specifications which deal with the following: a. Survey, Permits and Regulations b. Protection of Work and Property C. Time of Completion and Liquidated Damages d. Subsurface Conditions Found Different e. Insurance f. Separate Contract g. Subcontracting f h. Photographs of the Project I LAWS AND REGULATIONS ' The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction =' over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. METHOD OF AWARD - LOWEST QUALIFIED BIDDERS If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner ` as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids. The Owner further reserves the right to award the contract based on an adjusted• base bid, which shall consist of any combination of alternate bid items and bid items i, included in the base bid. '' Instructions to Bidders 3 of 4 1 ' CERTIFICATION BY BIDDER The successful bidder will be furnished with a copy of City of La Porte Ordinance #98-2217, prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The successful bidder will be required to certify that it is in compliance with the requirements of said ordinance. If the bidder is not in compliance with Ordinance #98- 2217, it will assign to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due. Failure to remit this certification or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. r OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and i contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the 'Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (3) Maintain at hisoffice or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for i' the immediate removal to a hospital or a doctors care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at ' a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. 1 1 ' Instructions to Bidders 4 of 4 CITY OF LA PORTE ' CERTIFICATION BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance #98-2217 prohibiting any expenditure for goods or services by the City of La ' Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. f ` If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to z' the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. j' Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. _ The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. i, or F ° _ The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: ., Address: Authorized Signature: Printed Name: �1 City -Wide Sidewalk Replacement Project FY 2001-2002 SHADY RIVERS 910 Hackbery sidewalk 8.6 1006 Hackbeny sidewalk 29.1 947 Hackbeny sidewalk (on Oak Leaf) 11.9 1007 Oak Leaf sidewalk 7.4 1003 Oak Leaf sidewalk 21.4 918 Oak Leaf sidewalk 18.1 TOTAL 96.5 L.F. TOWN OF LAPORTE 1107 East "E" sidewalk 28.0 NW cor. of Adams & P St. sidewalk 12.0 Alley between P & 4a' on N. side of Adams 5.0 NW & NE cor. Adams & 5a' St sidewalk ramps 25.0 Alley between 5t° & 6a' N. side of Madison 4.0 SE cor. of Madison & 0 sidewalk ramp 8.0 TOTAL 82 L.F. 1 GLEN MEADOWS 4918 Archway Dr. sidewalk 4.0 5006 Park Crest Dr. sidewalk 4.0 5213 Park Crest Dr. sidewalk (m.h. adj.) 10.1 5125 Park Crest Dr. sidewalk (m.h. adj.) 9.7 4905 Glenview sidewalk 8.0 5022 Crestway sidewalk 8.0 5025 Crestway sidewalk 4.0 5102 Crestway sidewalk 4.0 5114 Crestway sidewalk 4.0 5209 Valley View sidewalk 4.0 5117 Valley View sidewalk 8.0 5102 Valley View sidewalk 4.0 5105 Meadow Place sidewalk 29.6 5106 Meadow Place sidewalk 4.0 5230 Glen Valley sidewalk 4.0 49094913 Glen Valley sidewalk 6.0 5101 Meadowcrest sidewalk (on Glen Meadows Dr.) 8.0 5109 Meadow Crest sidewalk 4.0 5102 Creekview sidewalk 8.0 5025 Creekview sidewalk 25.8 TOTAL 165.2 L.F 2 BROOKGLEN/COLLEGE VIE W 8334 Oakhaven sidewalk 7.4 8334-8338 Oakhaven sidewalk (relocate w. meter) 14.6 3331 Fern Rock sidewalk 3.8 3311-3315 Fem Rock sidewalk 16.1 3231 Fern Rock sidewalk 8.0 3231-3227 Fern Rock sidewalk 17.8 8418 Bandridge sidewalk 8.0 8410 Bandridge sidewalk 8.0 8519-8515 Beechaven sidewalk 14.0 8411-8407 Beechaven sidewalk 22.4 8406 Collingsdale sidewalk 4.0 8407 Collingsdale sidewalk 6.0 8418 Collingsdale sidewalk 4.0 8707 Bandridge sidewalk 8.7 8715 Beechaven sidewalk 4.0 8710-8714 Beechaven sidewalk 46.1 8702 Beechaven sidewalk 4.0 8719-8723 Collingsdale sidewalk 8.0 8723-8727 Collingsdale sidewalk 30.6 8722 Collingsdale sidewalk 14.3 3 8730 Collingsdale sidewalk 4.0 3149 Somerton-8815 Beechaven sidewalk 126.2 3115 Gladwyne Ln. sidewalk 9.1 3114 Gladwyne sidewalk 21.9 3123 Gladwyne sidewalk (g.v. adj.) 4.0 8702-8703 Ashwyne Ln. sidewalk (relocate w. meter) 7.9 3303 Ashwyne Ct. sidewalk 5.8 3315 Ashwyne Ct. sidewalk 13.1 3307 Gladwyne sidewalk 8.0 3310 Gladwyne sidewalk 4.0 3323 Gladwyne sidewalk (part of driveway) 4.0 3331 Gladwyne sidewalk 4.0 3333 Gladwyne sidewalk 4.0 8835-8831 Oakhaven sidewalk (relocate w. meter) 4.0 3415 & 3407 Gladwyne sidewalk (placement only) 151.1 3623-3619 Gladwyne sidewalk 12.8 8806 Ashwyne sidewalk 8.0 3331 Somerton sidewalk 8.0 3335 Somerton sidewalk (part of driveway) 4.8 8603 Wood Drift Ct. sidewalk (relocate w. meter) 6.5 3627 Somerton sidewalk (m.h. adj.) 4.5 3723 Somerton sidewalk 4.0 3726 Somerton sidewalk 4.0 n u 3734 Somerton sidewalk 4.0 8514 Lazy Brook sidewalk 10.5 8502 Barry Brook sidewalk 16.7 8522-8518 Fair Brook Ct. sidewalk (relocate w. meter) 26.4 8526 Fair Brook Ct. sidewalk 7.6 8511 Lazy Brook-3842 Fair Brook sidewalk 15.9 3831 Fair Brook sidewalk 4.0 3818 Fair Brook sidewalk (partial driveway) 5.8 3 803 Fair Brook sidewalk (g.v. adj.) 28.8 3403 Brookwood sidewalk 6.2 TOTAL 799.4 L.F. E FAIRMONT PARK EAST 3817-3819 Pecan sidewalk 6.9 3821 Pecan sidewalk 6.3 3826 Pecan sidewalk (m.h. adj.) 5.0 3831 Pecan sidewalk 4.0 3834 Pecan sidewalk 6.2 3859 Pecan sidewalk (across street) 10.5 3874 Pecan sidewalk 13.5 10911-10913 Pecan sidewalk 4.0 10927 Pecan sidewalk 4.2 3813 Redbud sidewalk 10.9 3 817-3 819 Redbud sidewalk 4.0 3825-3827 Youpon sidewalk 4.2 3803 Cottonwood sidewalk 4.0 3816 Cottonwood sidewalk 4.8 3820 Cottonwood sidewalk 5.8 10814 Mesquite sidewalk (across street) 4.0 10816 Mesquite sidewalk 9.1 10830 Mesquite sidewalk 5.0 10832-10834 Mesquite sidewalk 4.0 10923-10925 Mesquite sidewalk 8.0 10932 Mesquite sidewalk 7.1 10805 Birch sidewalk 12.0 R 10816 Birch sidewalk 7.5 10827 Birch sidewalk 8.1 10828 Birch sidewalk 4.0 10900 Birch sidewalk 4.0 10917 Birch sidewalk 4.0 10922 Birch sidewalk 13.8 10937 Birch sidewalk 7.0 10941 Birch sidewalk 6.2 10817-10819 Collingswood sidewalk 35.4 10818 Collingswood sidewalk 7.6 10900 Collingswood sidewalk 6.1 10913 Collingswood sidewalk 4.0 10918 Collingswood sidewalk 4.0 10925 Collingswood sidewalk 4.0 10930 Collingswood sidewalk 4.0 10923-10925 Rosewood sidewalk 18.5 10925 Rosewood sidewalk 4.0 10935 Rosewood sidewalk 6.2 10924 Pinewood sidewalk 9.7 10925-10927 Pinewood sidewalk 8.3 10929 Pinewood sidewalk 3.1 10937 Pinewood sidewalk 5.0 10833 Dogwood sidewalk 4.0 7 10836 Linwood sidewalk 4.0 10840-10842 Linwood sidewalk 4.9 10826 Mulberry sidewalk 4.0 10828 Mulberry sidewalk 4.0 10838 Mulberry sidewalk 31.2 10844 Mulberry sidewalk 4.0 10908-10910 Mulberry sidewalk 9.0 10909 Mulberry sidewalk 4.2 10832 Idlewood sidewalk 4.0 10834 Idlewood sidewalk 3.2 10839-10841Idlewood sidewalk 3.3 10913 Idlewood sidewalk 3.8 10829-10831 Spruce S. sidewalk 4.0 10838 Spruce S. sidewalk 14.0 10825 Spruce N. sidewalk 4.0 10829 Spruce N. sidewalk 4.0 10940-10942 Fairwood sidewalk 12.2 TOTAL 439.8 L.F. 8 FAIRMONT PARK CENTRAL 3203 Piney Brook sidewalk (on Old Orchard) 3.8 10210 Old Orchard sidewalk 4.0 10214 Old Orchard sidewalk 25.2 10310 Antrim sidewalk 17.5 10322 Antrim sidewalk 4.0 10338 Antrim sidewalk 8.1 10206 Catlett sidewalk 12.1 10306 Belfast sidewalk 4.0 10346 Belfast sidewalk 4.0 10342 Belfast sidewalk 6.6 10234 Belfast sidewalk 4.0 3405 Valleybrook sidewalk (on Carlow) 63.5 10314 Carlow sidewalk 4.0 10318 Carlow sidewalk 13.4 10338 Carlow sidewalk 4.0 10350 Carlow sidewalk 8.0 10338 Winding Trail sidewalk 4.0 10326 Winding Trail sidewalk 16.5 10306 Winding Trail sidewalk 15.4 10007 IFLllridge sidewalk 4.0 10102 Hillridge sidewalk 12.1 10410 Belfast sidewalk 26.9 0 10418 Belfast sidewalk 19.2 10420 Belfast sidewalk 10.3 10424 Belfast sidewalk 4.0 10439-10447 Belfast sidewalk 4.0 10447 Belfast sidewalk 9.5 3110 Oaken Ln. sidewalk 4.0 3210 Oaken Ln. sidewalk 8.1 3214 Oaken Ln. sidewalk 7.0 3214 Oaken Ln. sidewalk (on Belfast) 4.0 3109 Old Hickory sidewalk 8.0 3209 Old Hickory sidewalk 4.0 3208 Old Hickory sidewalk 4.0 3323 Old Hickory sidewalk 4.0 10439 Antrim sidewalk 9.4 10439 Catlett sidewalk (on Oaken) 14.2 10407 Carlow sidewalk 8.0 10415-10419 Carlow sidewalk 4.0 10422 Carlow sidewalk 4.0 10423-10427 Carlow sidewalk 4.0 10447 Carlow sidewalk 4.6 10406 Winding Trail sidewalk 24.1 10418 Winding Trail sidewalk 8.4 10439 Winding Trail sidewalk 6.0 10 1 10447-10451 Winding Trail sidewalk 10.4 10455 Winding Trail sidewalk 4.0 10458 Winding Trail sidewalk (on Old Hickory) 10.0 10459 Winding Trail sidewalk (on Old Hickory) 8.0 10407-10411 Collingswood sidewalk 10.1 10439-10443 Collingswood sidewalk 65.1 10442 Collingswood sidewalk 4.0 10454-10458 Collingswood sidewalk 19.8 10422 Quiet Hill sidewalk 4.0 10438 Quiet IEII sidewalk 4.0 10439 Quiet Hill sidewalk 13.3 10439-10443 Quiet Hill sidewalk 8.4 10455 Quiet Hill sidewalk 5.5 10458 Quiet Hill sidewalk (on Old Hickory) 4.0 10439-10443 Rustic Gate sidewalk 8.0 10443 Rustic Gate sidewalk 8.7 10447 Rustic Gate sidewalk 12.0 10450 Rustic Gate sidewalk 8.4 10454 Rustic Gate sidewalk 3.3 10455 Rustic Gate sidewalk 14.8 10458 Rustic Gate sidewalk (on Old Hickory) 14.2 10459 Rustic Gate sidewalk (on Old Hickory) 4.0 10407 Rustic Rock sidewalk 4.0 11 10414 Rustic Rock sidewalk 31.5 10419 Rustic Rock sidewalk 28.1 10423 Rustic Rock sidewalk 4.0 10431 Rustic Rock sidewalk 8.0 10438 Rustic Rock sidewalk 10.5 10443 Rustic Rock sidewalk 17.5 10458 Rustic Rock sidewalk (on Old Hickory) 14.7 10459 Rustic Rock sidewalk (on Old Hickory) 28.4 10459 Rustic Rock sidewalk 17.9 10310 Rustic Rock sidewalk 4.0 10311 Shell Rock sidewalk 4.0 10327 Shell Rock sidewalk. 8.0 10335-10339 Shell Rock sidewalk 13.2 10410 Shell Rock sidewalk 4.0 10419 Shell Rock sidewalk 12.7 10430 Shell Rock sidewalk 5.3 10433 Shell Rock sidewalk 4.0 10434 Shell Rock sidewalk 4.0 10442 Shell Rock sidewalk 15.7 10447 Shell Rock sidewalk 4.0 10447-10451 Shell Rock sidewalk 4.0 10458 Shell Rock sidewalk 8.0 10458 Shell Rock sidewalk (on Old Hickory) 4.0 12 F 10314 Rocky Hollow sidewalk 9.6 10319 Rocky Hollow sidewalk 4.0 10327 Rocky Hollow sidewalk 4.0 10339 Rocky Hollow sidewalk (g.v. adj.) 2.9 10340 Rocky Hollow. sidewalk (g.v. adj.) 8.0 10422 Rocky Hollow sidewalk 4.0 10434-10438 Rocky Hollow sidewalk 8.0 10442 Rocky Hollow sidewalk 8.0 TOTAL 993.9 L.F. FAIRMONT PARK WEST 10011 Wilmont sidewalk 7.7 10019 Wilmont sidewalk 8.3 10107 Wilmont sidewalk 10.3 10126 Wilmont sidewalk (g.v. adj.) 4.6 10003 Rustic Rock sidewalk (on Wilmont) 4.0 10006 Rustic Rock sidewalk 8.8 10002 Rustic Rock sidewalk (on Wilmont) 47.7 9943 Shell Rock sidewalk (g.v. adj.) 9.0 9707 Dover Hill sidewalk 8.0 9711 Dover Hill sidewalk 4.0 9746-9738 Dover Hill sidewalk 4.0 9926 Dover Hill sidewalk 10.5 13 10002 Winding Trail sidewalk 31.8 10034-10030 Quiet Hill sidewalk (relocate w. meter) 8.4 9910 Stonemont sidewalk 4.0 10023 Stonemont sidewalk 6.4 10027 Stonemont sidewalk 24.8 10111 Stonemont sidewalk 4.0 9831 Rocky Hollow sidewalk 12.0 10007 Rocky Hollow sidewalk 8.0 10022 Rocky Hollow sidewalk 4.0 10026 Rocky Hollow sidewalk 4.0 10119 Rocky Hollow sidewalk 17.6 10118 Rocky Hollow sidewalk 4.0 10135 Shell Rock sidewalk 7.0 10131 Shell Rock sidewalk 10.3 10110 Shell Rock sidewalk 4.0 10002 Shell Rock sidewalk 6.2 9934 Shell Rock sidewalk 6.6 9843 Shell Rock sidewalk 7.4 9822 Shell Rock sidewalk 8.1 9735 Rustic Rock sidewalk 5.2 9823 Rustic Rock sidewalk 3.7 9835 Rustic Rock sidewalk 4.0 9903 Rustic Rock sidewalk 6.6 14 9922 Rustic Rock sidewalk 6.3 10103 Rustic Rock sidewalk 4.0 10102 Rustic Rock sidewalk 4.0 10126 Rustic Rock sidewalk 4.0 10138 Rustic Gate sidewalk 5.1 10131 Rustic Gate sidewalk 8.0 10027 Rustic Gate sidewalk 4.0 10010 Rustic Gate sidewalk 8.5 10003 Rustic Gate sidewalk 4.0 9930 Rustic Gate sidewalk (across street) 4.0 9810 Rustic Gate sidewalk 4.0 9743 Rustic Gate sidewalk 5.3 9734 Barmont sidewalk 3.8 9902 Barmont sidewalk 4.0 9915 Barmont sidewalk 11.4 10002 Barmont sidewalk 4.0 10111 Barmont sidewalk 12.1 3802-3806 Maplewood sidewalk (across street) 5.1 3626 Maplewood sidewalk (across sbvdXm.h. adj.) 7.2 9803 Charmont sidewalk 11.1 9907-9911 Charmont sidewalk 7.0 10007 Charront sidewalk 4.0 10011 Charmont sidewalk 4.0 15 10103 Charmont sidewalk 8.0 10107 Charmont sidewalk 17.4 10111 Charmont sidewalk 8.1 10115 Charmont sidewalk 4.0 10119 Charmont sidewalk 4.0 10010 Quiet Hill sidewalk 12.7 10110 Quiet Hill sidewalk 4.0 10107-10111 Quiet Hill sidewalk 21.8 10119 Quiet Hill sidewalk 4.0 10122 Quiet Hill sidewalk 12.6 10115 Winding Trail sidewalk 11.9 10127 Winding Trail sidewalk 4.0 10002 Carlow sidewalk 4.0 10011 Carlow sidewalk 9.2 10019 Carlow sidewalk 8.9 10102 Carlow sidewalk 4.0 10111 Carlow sidewalk 9.2 10114 Carlow sidewalk 35.6 10122 Carlow sidewalk 41.8 10126 Carlow sidewalk 14.7 10127 Carlow sidewalk 8.0 10119 Belfast sidewalk 20.8 10118 Belfast sidewalk 29.8 16 9810 Catlett sidewalk 14.2 9919 Catlett sidewalk 33.8 10106 Catlett sidewalk 4.0 10118 Antrim sidewalk 12.7 10026 Antrim sidewalk 17.6 10002 Antrim sidewalk 19.7 9802 Dover Hill sidewalk (on Cedammont) 4.0 9747 Wilmont sidewalk (on Cedammont) 9.3 9911 Wilmont sidewalk (on Parkmont) 4.0 9923 Stonemont sidewalk (on Parkmont) 4.0 10115 Clairmont sidewalk 4.0 10023 Clairmont sidewalk 4.0 3818 Roseway sidewalk 14.9 3822 Roseway sidewalk (m.h. adj.) 6.2 10122 Park Ln. sidewalk 3.3 9942 Parkway Dr. sidewalk 4.0 3818 Rosemont sidewalk 5.1 10110 Rosebeny sidewalk 4.0 10127 Rosebeny sidewalk 9.3 3811 Rosebeny sidewalk 7.0 3727 Rosebery sidewalk (across street) 6.8 3723 Rosebeny sidewalk (g.v. adj.) 9.2 3719 Roseberry sidewalk 5.0 17 3507 Roseberry sidewalk 8.0 3503 Roseberry sidewalk (across street) 4.0 3427 Roseberry sidewalk 4.0 3403 Roseberry sidewalk 4.0 3303 Roseberry sidewalk 29.2 10119 I-Ellridge sidewalk (on Roseberry) 48.6 10127 Winding Trail sidewalk (on Roseberry) 9.3 TOTAL 1,071.6 LF 18 I BID PROPOSAL FOR UNIT PRICE CONTRACT ' CLP Project No. 2001-4501 'Proposal of b.L bMlb i-V CCtiTf;AM6ereinafter called "Bidder')' a corporation, organized and existing under the laws of the State of ' E I a partnership, or an individual doing business as Cep4,TtNlmC- to the City of La Porte, Texas (hereinafter called "Owner'). Ladies and Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of City -Wide sidewalk replacement project FY 2001-2002 per plans and specifications prepared by 'the City of La Porte, and having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents, within the time set i forth therein, and at the prices stated in the attached Bid Schedule. These prices are to 'cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specked in written 'Notice to Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter as stipulated in the specifications. 'Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each . consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: NOt�1E ' DATE:"3 O'{ 2c-)c; 2 1 1 Bid Proposal 1 of 4 ' BASE BID PROPOSAL ' BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of Q iUV--' T►-fcn>'�f�.» I�JD 'R,vr�� SE�i�1 �pL.U�S s`�+o °%��`- — dollars ($ I-{ q i 0 2 l , o-• ).(Amount shall be shown in both words and figures. In case ' of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and ' to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute 'the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of ?77) 0/o dollars ($ 5 U/?, ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Res p ctfully s7itted BY: 1J-JL n (Si nature of Authorized Person) (Print Name ot Authorized-P-e-rso—nT— (SEAL) UIC c e�?XpCuT (Title) ICt1.ZD 514.im>r-f) pmf) #t'1_C (Business Address) 4Acy'Tco --TX 1 e.,u (City) (State) (Zip Code) (Telephone Number) r, i L ' Bid Proposal 2 of 4 1' 1 STATEMENT OF MATERIALS AND OTHER CHARGES 1 MATERIALS INCORPORATED INTO THE PROJECT: $ 1 ALL OTHER CHARGES: $ 2-6 0- TOTAL: $ 1 1 This total must agree with the total 'Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. 1 1 1 ob�D 1 1 I 1 1 1 1 Bid Proposal 3 of 4 I I ri LJ I� 1 1 L1 BID PROPOSAL FOR UNIT PRICE CONTRACT BID SCHEDULE CLP Project No. 2001-4501 CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 Item Description Unit Estimated Unit Total No. Quantities Price 1.0 CONCRETE SIDEWALK LF 3497.3 REMOVAL goo COMPLETE IN PLACE @ 'FWD bou-b S per l i►1 CAi C- i G9q H J. o 2.0 4' WIDE CONCRETE SIDEWALK LF 3648.4 COMPLETE IN PLACE 00 14 p i @ e"WC- J �Ot13cK 5 per L- ►aCP(v—, F1' 3.0 MANHOLE ADJUSTMENT EA 6 COMPLETE IN PLACE ZCO`" I zoo @ per CAE 11 4.0 GATE VALVE ADJUSTMENT EA 7 COMPLETE IN PLACE @ DUE i+�U►�D per t.ACt� 5.0 EXTRA BANK SAND (ORDERED TON BY CITY) COMPLETE IN PLACE _ �. d @ C�'�J DOHS Per 6.0 EXTRA SOD (BY CITY) SY COMPLETE IN PLACE @ Tcu he Lm-s Per (C TOTAL AMOUNT BID I.-4q �O 1 1 . o0 �cCll'tQiOO "41-c-A 1D .A-0b1W4)M i 01100s (IN WORDS) �J Bid Proposal 4 of 4 I CITY OF LA PORTE ' CERTIFICATION BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance #98-2217 prohibiting any expenditure for goods or services by the City of La 'Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to tthe City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or The undersigned assigns to the City of La Porte, the amount of its delinquent ' indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. ' (Initial one of the above) Business Name: ' Address: Authorized Signature: Printed Name: D i .D.A� iDSc N ccw fz c� QS 11 lL. 1gns SAUMS M fina41'Z� (kW_)Tow `(X 110 N Fat DAa�Et_ De,�l, AGREEMENT CLP Project No. 2001-4501 THIS AGREEMENT, made this 18 day of March , 2002, by and between the ' CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and D.L. Davidson Contractors (a corporation) Of Houston County of Harris and State of Texas, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 CLP PROJECT NO. 2001-4501 hereinafter called the project, for the Total Price of Forty nine thousand twenty seven and 00/100 dollars ( $ 49,027.00 ) and all extra work in connection. therewith, under the terms as stated in the General and Supplementary Conditions of 1 the Contract; and Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to ' complete the said project in accordance with: A. The terms and conditions stated in the Proposal and in the General ' Conditions, and Supplementary Conditions of this Contract; Scope of Work B. The plans, which include all maps, plats, blue prints, and other drawings ' and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared 1 by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. 1 Agreement) of The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specked in a written "Notice to Proceed" of the Owner and to fully complete the project within 45 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of 100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. 11 TT Robert T. Herrera City Manager Title City of La Porte Name of Owner SEAL r A&WAJ &a4 Martha Gillett ' ISEAL � •L • lJ/}tlI �ijSOIV (olu rmcT a a�:ft r sting Fi By: Signatu a of Authorized Person I PIES 11) EST Title of Authorized Person 19 �a 8 SRu-m s IeI6 #L-AL-F �ddress and Zi Code I / Ous rah 7 ;76 �y IApproved as to I I TivL City City Secretary Title c�/LCyL( Av�� Witness Agreement 2 of 2 1 Bond No. CB53267 r PERFORMANCE BOND CLIP Project No. 2001-4501 STATE OF TEXAS COUNTY OF Harris D. L. Davidson KNOW ALL MEN BY THESE PRESENTS: That Contractors Inc. of the City of Houston County of Harris and State of Texas as principal, and YffltE ace .onanv mauthorized under the laws of the State of Texas to act as surety on bonds for lprincipals, are held and firmly bound unto The City of La Porte Forty Nine Thousand Twenty Seven 6 00/1 0 (Owner), in the penal sum of dollars ($ 49 , 027.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: !77 WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the i sth day of March 2002, to which contract is hereby referred to ' and made apart hereof as fully and to the same extent as if copied at length herein. r: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if. the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions �of Vernon's Texas Codes Annotated Texas Government Code Chapter 2253 as I amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." '1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings 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 to be performed thereunder. i 1' t Performance Bond 1 of 2 r I IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this l ith day 0f April 2002. D. L. Davidson Contractors, Inc. National American Insurance Company Principal By: By: President Title: Title: Address: 19728 Saums Road Houston, Texas 77084 Surety C. W. Adams, Attorney -in -Fact Address: P.O. Drawer 9 Chandler, OK 74834 The name and address of the Resident Agent of Surety is: C. W. Adams - Insurance Alliance 1776 Yorktown, Suite 200 Houston, Texas 77056 HOUSTOUN, WOODARD. EASON, GENTLE, TOMFORDE, AND ANDERSON. INC. dba Insurance Alliance 17761bridown, Suite 200 Houston, Texas 770564114 TOI License #1381 FEIN #760362043 Performance Bond 2 of tBond No. CB53267 PAYMENT BOND CLP Project No. 2001-4501 STATE OF TEXAS COUNTY OF Harris D. L. Davidson KNOW ALL MEN BY THESE PRESENTS: That Contractors, Inc. of the City of Houston at tunert County of Harris , and State of Texas as principal, and TTC,,"on,,r mmPany authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of Forty Nine Thousand Twenty Seven & 00/100dollars ($ 49,027.00 ) for the payment whereof, the said Principal and Surety bind themselves, y and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the lath day of March . 2002, to which contract is hereby referred to and made apart 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; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated, Texas Government Code Chapter 2253 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terns of the contract, or to the work to be performed thereunder. I Payment Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of April 2002. D. L. Davidson Contractors, Inc. National American Insurance Company Principal Surety By: By: e/ . rzlyol �— Title: President Title: C. W. Adams, Attorney -in -Fact Address: Address: 19728 Saums Road, PMB 125 P.O. Drawer 9 Houston, Texas 77084 Chandler, OK 74834 The name and address of the Resident Agent of Surety is: C. W. Adams - Insurance Alliance 1776 Yorktown, Suite 200 Houston. Texas 77056 HOUSTOUN, WOODARD. EASON, GENTLE. TOMFORDE, AND ANDERSON. INC. dba Insurance Alilance 1776 Yorktown, Suite 200 Houston, Texas 770564114 - TDI License 01381 FEIN 0760362043 Payment Bond 2 of 2 ' NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY CHANDLER, OKLAHOMA ' PRINCIPAL D. L. Davidson Contractors, Inc. EFFECTIVE DATE 04-11-01' CONTRACTAMOUNT (STREEfADDRESS) $49,027.00 (CITY) (STATF-) (71PCODE) AMOUNT OF BOND $ 49,027.00 POWER NO. CB 53267 ' KNOW ALL MEN BY THESE PRESENTS: That the National American I nsurance Company, a corporation duly organized under the laws of the state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of ' Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Allomey-in- Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney orcenificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with reset to any bond or undertaking to which it is attached " National American Insurance Company does hereby make, constitute and appoint ""�" E. WOODLI JR., SHARON CAVANAUGH, CYNTHIA A. HARTIS, C.W. ADAMS, SUE KOHLER, ANDREW JANDA, LEIAND L. RAUCH, CHERYL R. COLSON, HARLAN J. BERGER OR MICHAEL COLS Stateof TEXAS its true and lawful allomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: - The authority of said Attorney -in -fact to bind the company shall not exceed S1,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said A(torney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AAMMER,IICAN INSURANCE COMPANY '� 4e,,ro♦�,r 4R W. Brent LaGere, Chairman & Chief Executive Officer • JGAL t a � Y STATEOFOKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, tome known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, Stale of Oklahoma; that he is the Chairman and Chief Executive Officer or the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ^usup Notary Public �s My Commission E.vpiresAugust 31, 2003 ' STATE OFOKLAHOMA ) COUNTY OF LINCOLN ) SS: 1, the undersigned, Assistant Secretary of the NaGenal American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFAT1'ORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 11th day of April 2002 - - (Month) (Year) 1 S Winifred E.MendenhJll, Assistant Secretary y n_ � I ' IMPORTANT NOTICE ' IN ORDER TO OBTAIN INFORMATION OR MAKE A COMPLAINT: ' You may call National American Insurance Company's toll -free telephone number at: 800-822-7802 or800-322-2210 ' or You may write to National American Insurance Company at: Attn: Claims Department P.O. Box 9 Chandler, OK 74834 - or street address - ' Attn: Claims Department 1010 Manvel Avenue ' Chandler, OK 74834 ' You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: ' 800-252-3439 tYou may write the Texas Department of Insurance at: ' P.O. Box 149104 Austin, TX 78714-9104 ' ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and .does not become a part or a condition of the attached document and is given to ' comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. 1 1 ' ACORD_ CERTIFICATE OF LIABILITY INSURANC�OP B °A04/10/0 AV-1l 04/10/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Alliance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77056 Phone:713-966-1776 Fax:713-966-1700 INSURERS AFFORDING COVERAGE ' INSURED INSURER A: Texas Mutual Ins Cc INSURER B: Travelers Insurance Company ' D L Davidson Contractors Inc. INSURERC: 19728 Saums Rd. N125 INSURER D: Houston TX 77084 INSURER E: COVERAGES 1 1 1 1 1 1 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE MMID _ LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE r X] OCCUR PACP741H019A02 02/22/02 02/22/03 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (My " fro) $300,000. MED EXP (Arty oM penan) $ 5 , 000 PERSONAL A ADV INJURY a 1,000,000 GENERAL AGGREGATE 32,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRI LOC POLICY JE PRODUCTS - COMPIOP AGG 52,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea acrid") S BODILY INJURY (Per person) S BODILY INJURY (Per occd l) $ PROPERTY DAMAGE (Per eprJEMe) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE $ S $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY TSF0001110899 11/17/01 11/17/02 X I TORYLIMITS I ER E.L. EACH ACCIDENT $500000 E.L. DISEASE - EA EMPLOYEE s500000 E.L. DISEASE -POLICY LIMIT S 500000 A OTHER Contractors Equip PACP741H019A02 02/22/02 02/22/03 Rent/Leas 250,000 Ded 250. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is shown as Additional Insured on General Liability CERTIFICATE HOLDER I Y I ADDITIONAL City of La Porte 604 West Fremont Parkway La Porte TX 77571 MR: _ CANCELLATION LAPOR09 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL '40 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR ACORD 2" (7/97) GENERAL CONDITIONS CLP Project No. 2001-4501 ; . iGeneral Conditions 1 of 1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGIIQEERS JOINT CONTRACT DOC[JME m commI ram and Issued and Published Jok* By ` JW ;;Zess oral Etional g of AM Profeaslonal Engineers AMERICAN CONSULTING rmhaloAdEgkn=rordratrPYaaw AMERICAN SOCIETY OF ENGINEERS COUNCIL CMLENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS 1 This document has been approved and endorsed by The Associated Genera! Y Contractors of America Construction Specifications Institute 1 These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). rrt ut; tvo. l91U-8 (1996 Edition) Am Copyright 01996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 I TABLE OF CONTENTS J ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ........................ 00700-6 1.01 Defined Terms 1.02 ....................... ...................... Terminology . ................... . 00700 - 6 (MM 6 ARTICLE 2 - ......... PRELIMINARY MATTERS . - 2.01 .................................. Delivery of Bonds.......................................... 00700 - 9 00700 - 9 ' 2.02 Copies of Documents ........... ............. ........... 00700 - 9...: 2.03 Commencement of Contract Times; Notice to Proceed .......................... 00700-9 2.04 2.05 Starting 'the Wont. ............................................ Before Starting Canapuction 00700-9 2.06 ......................................... Preconstnedion Conference ........................................... . 00700-9 00700 2.07 Initial Acceptance of Schedules - 10 ARTICLE 3 - . ............................... . CONTRACT DOCUMENTS: INTENT, AMMING, REUSE 00700 - 10 3.01 ........ .......... Intent 00700 - 10 '10 1 , 3.02 ......................................................... Reference�Standards....................................... 00700 - 3.03 Reporting and Repotving Discrepancies 00700 - 10 3.04 ................................... Amending and Sypiune dng Contract Documents 00700 - 11 ' 3.05 ........................... :.00700 Reuse of Docranents .................. - 11 ARTICLE 4 - ............... AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 00700 - 11 4.01 REFERENCE POINTS ............................ • ............ Availability ofLands.............................................. 00700 - 11 00700 4.03 Subsurface and Physical Conditions ' - 11 4.03 ........ ............................. Differing Subsurface or Physical Conditions 00700 - 12 4.04 ................................ Underground Facilities '....... 00700 - 12 A.......... ......................... .. 00700 - 13 4.05 Reference Points .................................................. �j 4.06 Hazardous Environi nental Condition at Site 00700 - 13 ARTICLE 5 - .......... . ..................... BONDS AND INSURANCE 00700 - 14 5.01 ....................................... .... . ' Performance, Payment, and Other Bonds 00700 - 15 5.02 ................................. licensed Sureties and insurers 00700 - 15 5.03 ........................................ Certificates of Insurq nce 00700 - 15 ' 5.04 .:........................ .... .............. CONIRACTOR's Liability Insurance .................................... 00700 - 15 00700 - 15 5.05 0WNBR's Liability Insurance .......................................... 5.06 Property Insurance ................................ 00700 - 15 5.07 . Waiver of Rights .................................................. 00700 - 16 ' 5.08 Receipt and Application of Insurance Proceeds 00700 - 17 5.09. .................. Acceptance of Bonds and Insurance, Option to Replace 00700 - 18.... 5.10 ARTICLE 6 .................... Partial Utilization Aubnowledgment of Property Insurer ..............:..... CONTRACTOR'S 00700 - 18 00700 - 18 - RESPONSIBILITIES ..... ... 6.01 , • • • , Supervision and Superintendence 00700 - 18 6.02 ....................................... 'Labor. Working Hour; '• .......... 00700 - 16 ' 6.03 . Services, Materials. and Equipment .......................... 00700 - 19 6.04 ................................... Progress Schedule 00700 - 19 6.05 Substiswes and 'Or -Equals .............. 00700 - 19 6.06 ... ........................ Concerning Subcontractors, Suppliers, and Others 00700- 19 6.07 ............................ Patent Fees and Royalties ..................................... 00700 - 20 6.08 . Permits: 00700 - 21 6. .............................................. Laws and Regulations 00700-21 6.10 10 Taxes 00700 - 22 6.11 Use of Site and Other Areas 00700 22 6.12 .......................................... Record Documents 00700 -22 6.13 .. Safety and Protection 00700 - 22 6.14 Safety Representative 00700 -23 6.15 Hazard Communication Programs 00700 - 23 \ ........................... 00700 - 23 00700_9 6.16 Emergencies 6.17 ..................................... . 00700 - 23 Shop Drawings and Samples 6.18 .............................. Continuing the Wont 00700 - 23 6.19 ............. .............................. CONTRACTOR's General Warronly and Guarantee 00700 - 2 6.20 ........................... Indemnification ........ . . . . . 00700 - 25 ARTICLE 7 - . . . . ................................. OTHER WORK 00700 - 25 7.01 .... . Related Work Site OW0000 7.02 at ............................................... Coordination - 2266 ' ARTICLE 8 - OWNER'S RESPONSIBILITIES ... . 00700 -26 8.01 ....... Communications to Contractor 00700 - 26 8.02 ... . Replacement of ENGINEER ................................ . 00700-26 :..1 8.03 ................................. Furnish Data 00700 - 26 8.04 ..................... .................. Pay Promptly When Due 00700 - 26 ± 8.05 ...................................... Lands. and Easements, Reports and Tests 00700 - 26' j 8.06 ..................... ............ Insurance OMM - 26 8.07 ...................................... Change Orders 00700 - 27 8.08 .................. Inspections,. Tests, and Approval: 00700 - 27' ! 8.09 ..................................... . LtmUations an OWNER's Responsibilities =00 - 27 ` : 8.10 ........................... Undisclosed Hazardous Environmental Condirlon 00700 -27 e ; 8.11 ..................... Evidence of Financial Arrangements 00700 -27 ARTICLE 9 - ..................................... ....... ENGINEER'S STATUS DURING CONSTRUCTION 00700 _27 9.01 ............................ OWNER'S Representative 00700-27. 9.02 ........................................... Whits to Site 00700 -27 9.03 ............................. Project Representattve 00700 - 27 ... ........................................... =00 - 27 9.04 Clarificartons and Iruerpretanons ...................................... ... 00700 28 ' 9.05 Authorized Variations in Work - '. { :.: 9.06 ......................... Rejecting Defective Work 00700-28 9.07 ..................... :...................... Shop Drawings, Change Orders and Payments (WW - 28 9.08 .............................. Determinarions for Unit Price Work 00700 - 28 : 9.09 ..................................... Decisions on Requirements of Contrast Documents and Accepta6tlity of Work 00700 - 28 00700 , 9.10 ......... Limitations on ENGINEER': Authority and Responsibilities ...................... - 28 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CI.AIMS...................... :............ 00700 - 29 10.01 Authorized Changes in the Work 10.02 ..................................... Unauthorized Changes in the WOr* `.' 10.03 ..................................... Execution of Change Orders ........................................... 00700 - 29 00700 29 z 10.04 Notykation to Surely ............................................... - I t.: 10.05 Claims Disputes 00700 - 29 and ............................................... 00700 - 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............. 00700 - 30 11.01 Cost of the work ................................................. 00700 - 30 11.02 CashABowancu ; 11.03 ................................................. Unit Price Wont 00700-32 ARTICLE 12 - .... . ................ CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 007.00 33 12.01 ............. Change of Contract Price ........................................... - 00700 - 33 12.02 Change of Cantract Times ........................................... 00700 - 33 12.03 Delays Beyond CONTRACTOR': Control 00700 12.04 .................. ................ Delays Within CONTRA CTOR's Control .................................. -33 00700 - 34 ... 12.05 D clays Beyond OWNER :and CONTRAC117R s Control .......... ............ 00700 - 34 12.06 ARTICLE 13 - Delay Damage ......: ........................................... TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF 00700-34 DEFECTIVE WORK ............................................... 00700-34 13.01 Notice of Defects ......... ........................................ 00700 - 34 13.02 Access to Wor* .................................................. 00700 - 34 13.03 Tests and Inspections ' 13.04 .............................................. Uncovering Work 00700_ 34 13.05 ................................................. OWNER May Stop the Work 00700 - 35 t 13.06 .......................................... Correction or Removal of Defective Work 00700 - 35 .................................. 00700 - 35 00700-4 13.07 Correction Period S' ?� 13.08 ................................................ Acceptance of Defective Wont 00706 - 35 13.09 ......................................... OWNER May Correct Defective Wont 00700- 36 ARTICLE 14 - ................:................... PAYMENTS TO CONTRACTOR AND COMPLETION 00700 - 36 14.01 ........................ Schedule of Values ............ 00700 - 36 ' 14.02L Progress Payments ....... 00700 - 36 14.03 ............................... CONTRACTbR's Warranty of Title 00700 - 37 14.04 ..................................... Substantial Completion 00700- 38 14.05 Par" tilization ...... U............ .......................... 00700 - 38 00700 14.06 . Fund Inspection ............................. - 39 14.07 . Fund Payment 00700- 39 14.08 ........................................ Find Completion Delayed ...................................00700 00700-39 14.09 .......... Waiver of Claims ............. - 40 ............................ ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 00700 - 40 15.01 ............................. OWNER May Suspend Wont 00700 - 40 15.02 .......................................... OWNER May Terminate for Cause 00700- 40 15.03 ...................................... OWNER May Terminate For Convenience 00700 -40 15.04 .................................. CONTRACTOR May Stop Work or Terminate 00700 - 41 .: _ .............. ............. ARTICLE 16 - DISPUTE RESOLUTION -. 00700.41 16.01 ............................................ Methodr and procedures 00700 - 41.................... ARTICLE 17 - MISCELLANEOUS 00700 - 41............................... 17.01 Giving Notice ............................................. ................ 00700-42 17.02 Computation of 7L7w ............................................. 00700- 42 17.03 ................. . Cumulative Remedies 00700 - 42 17.04 .......................... Survival of Obligations ....................... ............. 00700 -42 17.05 Controlling Law .............................. ... ............... 00700 - 42 .... 00700- 42 M I 1 1 00700-5 GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TEM&NOLOGY Contract Times, issued on or after the Effective Date of ; the Agreement. 1.01 Defined Terms 10. (7afm—A demand or assertion by OWNER or , CONTRACTOR seeking an adjustment of Contract Price' A. Wherever used in the Contract Documents and or Contract Timor, or both, or other relief with reaped to printed with initial or all capital letters, the terms listed the terms of the Contract. A demand for money or below will have the meanings indicated which arc applicable services by a thud party is not a Claim. 1; to both the singular and plural thereof. 11. Conduct —The entire and integrated written 1. Addenda —Written or graphic iattrumems issued agreement between the OWNER and CONTRACTOR' i prior to the opening of Bids which clarity, correct, or concerning the Work. The' Contract supersedes prior 1 change the Bidding Requirements or the Contract negotiations, representations. or agreements. whether Documents. I; written or oral. 2. Agreement —The written instrument which is 12. Contract Documents —The Contract Documents'' evidence of the agreement between OWNER and establish the rights and obligations of the parties and CONTRACTOR c the Work covering include the Agreement, Addenda which ( l m the'j t Contract Documents), CONTRACTOR's Bid (including ) 3. AppItcadon for Payment —The form acceptable to documentation accompanying the Bid and any post Bid ENGINEER which is to be used by CONTRACTOR documentation submitted prior to the Notice of Award)' + during the course of the Work in requesting progress or when attached as an exhibit to the Agreement, the Notice' final payments and which is to be accompanied by such to Proceed, the Bonds, time General Conditions, the supporting documentation as is requited by the Cones Supplementary Conditions, the Specifications and the Documents. Drawings as the same an more specifically identified in the Agreement, together with all Written Amendments, . 4. Asbestar—Any material that contains more than Change Orders, Work Change Directives, Field Orders, one percent asbestos and is friable or is releasing asbestos and ENGINEER'S written interpretations and fibers into the air above current action levels establisbed clarifications issued on or after the Effective Date of the by the United States Occupational Safety and Health Agreement. Approved Shop Drawings and -the reports F Administration. and drawings of subsurface and physical candid are i' not Contract Documents. Only printed or hard copin of i" 5. Bid —The oi%r or proposal of a bidder submitted the items listed in this paragraph are Connect Documents. on the prescribed form setting forth the prices for the Files in electronic media format of test, data, graphics Work tobe and the lily: that may be furnished by OWNER ro :.. CONTRACTOR are not Contract Documents. 6. Bidding Doaanents—The Bidding Requirements and . the proposed Contract Documents (including all 13. Contract Price—Tbe moneys payable by OWNER Addenda issued prior to receipt of Bids). to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the 7. Bidding Requirements —The Advertisement or Agreement (subject to the provisions of paragraph 11.03 Invitation to Bid, Instructions to Bidders, Bid security in the case of Unit Price Work). ' form, if any, and the Bid form with any supplements. 14. Contract times —The number of days or the slates 8. Bonds —Performance and payment bonds and stated in the Agreement to: (i) achieve Substantial other instruments of security. Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written 9. Qtartge Order —A document recommended by recommendation of final payment. ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision 15. CONTRACTOR —The individual or entity with in the Work or an adjustment in the Contract Price or the whom OWNER has entered into the Agreement. .00700 - 6 I �I b 'I 16. Cost of the Work —See paragraph 11.01.A for definition. 17. Drawings —That part of the Contract Documents prepared or approved by ENGINEER which graphically Shows the scope, extent, and character of the Work to be performed by CONTRACTOR. . Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, bid if no such date is indicated, "it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. .19. ENGINEER-Tbe individual or entity named as Mich in the Agreement. 20. ENGINEF.R's Consuftant—An individual or entity having a contract with ENG114131ilt to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is Identified as such in the Supplementary Conditions. 21. Field Order —A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. Geneml Regnironenrs—Sections of Division I of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. I azanious Environmental Condition —The presence at the Site of Asbestos, PCBS, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstance that may present a substantial danger to persons or Property exposed thereto in connection with the Work. 24. Hazardous waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations: Laws or ReguLWous—Any and all applicable laws, rules, regulations,. ordinance, code, and orders of any and all governmental bodies, agencies,.authorities , and courts having jurisdiction. 26. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or Personal property 27. Milestone —A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice ofAxrud—The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed —A' written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commcnee to run and on which CONTRACTOR shall -start to perform the Work under the Contract Documents. 30. OWNER—Tbe individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs —Polychlorinated biphenyl. 33. Perroteam—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 Pounds Per square inch absolute), such as oil, petroleum fuel oil, oil aludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project —The total construction of which the Work to bef performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the tables) of contents. 36. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. a 38. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings —All drawings. diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site —Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including 41ift-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications —That part of the Contract Documents consisting of written technical descriptions of materials. equipment, systems. standards. and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor —An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a. specified part thereof) is aufficiemly complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which It is intended. The terms "substenuallY complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. .44. Supplementary Conditions -;-That part of the Contract Documents which ameads or supplements these General Conditions. 45. Suppfler—A manufacturerfabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. . 46. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, 1i steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater storm water, other liquids or chemicals, or traffic 01 other control systems. 47. Unit Price Work —Work to be paid for on the'; basis of unit prices. 48. Work —The entire completed construction or various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the restdt of performing or providing all labor, ! services, and documentation necessary to product construction, and furnishing, installin , and incorporating all materials and equipment into such construction, allal required by the Contract Documents. 49. Work Change DIrective--A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletidn, or revision in the Work, or responding to differing or tmforeseen l subsurface or physical conditions tinder which the Work 1.i is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the Whilge ordered or documented by a Work Change .f Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract , Times. ... . . . . 50. Written Amendment —A written etatemem'I modifying the Contract Documents, signed by OWNER and CONTRACTOR ch or after the Effective Date of the Agreement and normally dealing with the nonengmeering i or nontechnical rather than strictly construction-rclated aspects of the Coniract'bocudtents. 1.02 Terminology t _.3 A. Intern of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms 'as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory,' or • -i adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design ,j concept of the completed Project as a functioning whole -' as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The 00700 - 8 r r use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. 1. The word "day' shall constitute a calendar day of 24 hours measured from midnigh{ to the next midnight. C. De ective 1. The word "defective,' when modifying the word 'Work,' refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, teat, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, ImuU, Perform, Provide .1. The word 'lltmish,' when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word 'install," when used in connection with services, materials, or equipment, shall mean to put him use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words 'perform" or 'provide,' when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish,' "install,* "perform,' or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly'requiring an obligation of CONTRACTOR, "provide''is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers 'the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish. 2.02 Copies ofDocumerits A. OWNER shall famish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 ' Commencernent of Contract Times: Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to rum later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Wont A. CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commcrice to run. No Work shall be done at the Site prior to the date on which rue Contract Tithes commence to run. 2.05 Before Starting Cmirmction A. CONMCTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGR49M for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified ' 00700 - 9 in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Prim and subdi- vides the Work into component parts in sufficient detail - to serve as tie basis' far progress payments during performance of the Work. Such prices will include an appropriate amotmt of overhead and profit applicable to each Item of work. C. EWderce of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER &hall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstmction Coryererce A. Within 20 days after the Cmuract Times start. to run, but before arty Work at the Site is started, .a conference s attended by CONTRACTOR, ENGINEER, and others as* appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.11, procedures for handling Shop Dmwmgs and oiler submittals, processing Applications for Payment, and maintaining required records. 1. The progress schedule will be acceptable. to ENGINEER if it provides an orderly progression of the ! Work to completion within any specified Milestones and the Contract Times: Such neceptanm will not Impose on ENGINEER responsibility for the progress schedule, asfor q sequencing, scheduling. or progre'of the Work nor,3 interfere with or relieve CONTRACTOR from CONTRACTOR's fall responsibility therefor. 2. CONTRACTOR's srbedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it' provides a reasonable allocation of the Contract price to component parts of the Work. . . .... ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intro A. Ile Connect Documents are 'i is called for complementary; what by one is as bindhtg as if nailed for by all. i B. It is the intent of the Contract, Doarmeuts•to describe,: a functionally complete Project (or part thereof) to be constructed in accordance with the Connect Documents. Any labor, ltM�fation seryjceg, matcrin1g, or equipment,1 that may reasonably be inferred from the Connect Docu- menta or from prevailing custom or trade usage as being required to produce the intwded result will be provided ' whether or not specifically called for at no additional cost to -..+ OWNER. C. Clarifications and interpretations of the Contract'; Documents shall be issued by ENGINEER as provided in Article 9. 2.07 Initial Acceptance of Sdnedules 3.02 Reference Stmndardt A. Unless otherwise provided in the Contract Dorn- mmts, at least ten days before submission of the feat A. &andardr, .Spedfcafionr, Codes, laws, and Application for Payment a conference attended by CON- Regulations . TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided 1. Reference to standards, specifications, manuals, below the schedules submitted in accordance with paragraph or codes of any technical society, organization, or 2.05.B. CONTRACTOR shall have an additional ten days to association, or to Laws or Regulations, whether such make corrections and adjustments and to complete and reference be specific or by implication, shall mean the resubmit the schedules. No progress payment shall be made standard, specification, manual,, code, or Laws or Regubs-' to CONTRACTOR until acceptable schedules are submitted tiona in effect at the time of opening of Bids (or an the to- ENGINEER. Effective Date of the Agreement if there were no Bids), 00700 - 10 , FE i I 1 1 4 except as may be otherwise specifically stated in the 3.04 Amending and Supplementing Contract Documents Contract Documents. 2. No provision of any such standard, specification, rnanual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or nay duty or authority to undertake responsibility inconsistent with the provisions of the Connect Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity; or discrepancy within die Contact Documents or between the Connect Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specifmationt manual or code, or of any instmcdon of Any Supplier, CONTRACTOR shall report It to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies I. Except as maybe otherwise specifically stated in the Contract Documents, the provisions of the Contact Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a: the provisions of any standard, specification, manual. code, or instruction (whether or not specifi- cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 'A. TLe Contact Documents may be amended to provide for additions, deletions, and revisions in,the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (III) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following. ways: (i) a Field Order; (it) ENGINEER's approval of a Shop Drawing or Sample; or (Iit) ENGINEER's written interpretation or clarification. 3.05 Revue of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER - (I) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thcreof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and Q shall not reuse any of such Drawings, Specifications, other documents, or copies thereof an extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. Ibis prohibition will survive final paymeht; completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contact Documents for record purposes. ARTICLE 4 - AVAELABII.ITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Aisrilabiliry of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of -any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in .OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. ' 00700 - 11 'i B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordaace with applicable Laws and Regulations. C. CONTRACTOR shall provide for as additional lands and access thereto that may be mgitired for temporary construction facilities or storage of materials and equipment 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1."those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. 7Jmited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon 'the general accuracy of the 'technical data' contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such 'technical data' is identified in the Supplementary Conditions. Except for such rellance on such 'technical data,' CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of constnution to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinion's, and .: information comained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any 'technical data' or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Condidons A. Notice: If CONTRACTOR believes that any subsor l; face or physical condition at or contiguous to the Site that is uncovered or revealed either: Fi , 1. is of such a nature as to establish that any . 'technical data' on which CONTRACTOR Is entitled rely as provided in paragraph 4.02 is materially0j inaccurate; or 2. is of such a nature as to require a change in the,' Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially ? from conditions ordinarily encountered and generally j recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR ahall, promptly 'i p raptly after becoming swam '• thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except isum emergency as required by -Paragraph , 6.16.A), notify OWNER acid ENGINEER in writing about such condition. CONTRACTOR shall not further disturb ; such condition or perform any Work in connection therewith, f(ezcept as aforesaid) until receipt of written order:to'do-so: B. ENGINEER's Review. After receipt of written notice ; as required by paragraph 4.03.A, ENGINEER will promptly , -: review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Timm, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor-' mane of the Work; subject, however, to the following: a. such condition must meet any one or mom of''. the categories described in paragraph 4.03.A; and t b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price -- will be subject to the provisions of paragraphs 9.08 and 11.03. 00700 - 12 ' 1 11 1 1 Ll 1 1 2. CONTRACTOR shall not be entitled to any adjustment in the Contract price or Contract Tines if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under it negotiated contract; or b. the existence of such condition could reasonably have been discovered at revealed as a result of any examination, Investigmion, exploration, teat, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Connect Times, or both, a Claim may. .be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's .Consuhama shall not be liable to CONTRACTOR for any claims, costs, tosses, or damagea:('mclgding:but not limited to all fees and charges of engineers. architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection. with any other project or anticipated project. 4.04 Underground Facifufes A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER. eliafl not be rt spomible for the accuracy or completeness of any such information or data; and 2. the cast of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b, locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. ' B. Not &W" or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguotti to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy In the Contract Documents, CONTRACTOR shal):.pmmptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergaicy as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or ..,location,of the Underground Facility. During such time,. 'CONTRACTOR shall be responsible for the safety and' protection of such Underground Facility. i. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contact Price of Contract Times, or bath, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable acamacy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Conn= Prim or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for 'construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property ' 00700 - 13 1� monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property momiram is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Xmmdous Envirotnnei%W Condition at Site A. Reports ad Drawings: Reference is made to the Supplementary. Conditions for the Wentification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by COMMCTiOR on Technical Data Arrrhorized: CONTRACTOR may rely upon the general accuracy of the technical data' contained in such reports and drawings. but such reports and drawings are not Contract Documents. Such 'technical data' is identifed in the Supplementary Conditions. Except for such reliance on such 'technical data,' CONTRACTOR may not rely upon or MR ke any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completenew .of.such reports and drawings for CONTRACTOR',. purposes, including, bm . not limited to, any aspects of the means, methods, techniques, sequences. and, procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any `technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Connect Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is re@possible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) step'` all Work in connection with such condition and in anyaffected there area by (except in an emergency. as required by paragraph 6.16). and (in) notify OWNER and ENG (and promptly thereafter confirm such notice in writing). .' OWNER shall promptly consult with ENGINEER concerning . the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected ! area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Wariq or (ii) specifying any special conditions under which such Work may be . resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the i amount or ouem, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- s page or such special conditions under which Work is agreed j to be resumed by CONTRACTOR, either party may make a • .3 Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice 1 CONTRACTOR does not agree to resume such Work based ` on a reasonable belief it is unsafe, or does not agree to resume each Work under such special conditions; then': OWNER;may.order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party ma make a Claim therefor as provided in paragraph 10.05y. OWNER may have such deleted portion of the Work ` performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ! ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and'any of them from and against all' claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a - Hazardous Environmental Condition, provided that'such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (h) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing' 00700 - 14 '. I n U LJ in this paragraph 4.06.E shall obligate OWNER to indemnify ari individual or entity from and.ageinst the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shallindemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costa, losses, and damages (including but not limited . to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created -by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance,- Payment, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful perforrnance� and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds 'shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of 'Companies Holding Certificates of Authority as Acceptable' Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. Ali Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. ' C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or is right to do business is terminated in any state where any part 'Of 1116 Project is located or it ceases to meet the requirements of paragraph 5.01.B. CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 licensed Sureties and Insurers A. All Bonds and insurance required by the Contract. Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements avid qualifications as may be provided in the Supplementary Conditions. 5.03 •0Mficates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, eertW=tes of insurance (and other evidence of hisrura*ce requested by CONTRACTOR - or any other additional insured) which OWNER is required.to purchase and maintain. 5.04 CONTRACTOR's Liabillry Imumnce A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed. by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims -under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 00700 - 15 to I 4. claims for damages insured by reasonably available personal injury liability coverage which are sus - mined (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (it) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of h mnance so required by this paragraph 5.04 to be purchased and -maintained shall: 1. with respect to insu smz requited by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additimat insureds (subject to any customary exclusion in 'respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage.for the respective officers, directors, partners, employees, ' agents, and other consultants and subcontractors 'of each'snd'any of all such additional insureds, and the insurance afforded to these additional insureds &hall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Condition or required by Laws or Regulations, whichever is greater; . 3. include completed operation insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Condition to whom a certificate of insurance has been issued. (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims- i basis, remain in effect for at least two years after; payment (and CONTRACTOR shall furnish OWNER and - each other additional insured identified in the Supple mentary Conditions, to whom a .certificate of ' has been issued, evidence satisfactory.to.OWNER any such additional insured of continuation of insurance at final payment and one year thereafter). 5.05 OWNER's Uabilfry I=owwe A. In addition to the insurance required to be p by CONTRACTOR under paragraph 5.04.- OWNER, at OWNER's option,may pnrcbau and maintain at OWNER' expense OWNER's own liability insurance as will P OWNER against claims which may arise from operations-.' under the Contract Documents. 5.06 Property lnsurwwe A. Unless otherwise provided in the Suppl } Conditions, OWNER shall purchase and maintain prope I Insurance upon the Work at the Site in the amount of the tulle replacement cost thereof (subject to such deductible am as may; be providedArL the Supplementary Condition o ' required by IaWs'ami:RegUladoIls). This insurance shall: 1. include the interests of OWNER, CONTRACE II TOR, Subcontractors, ENGINEER, ENGINEER' Consultants, and any other individuals or entities identi- Red in the Supplementary Condition, and the officeran, directors, partners, employees, agents. and oth consultants and subcontractors of each and any of them,`• each of whom is deemed to have an insurable interest shall be listed as an additional inured; ;tt , d 2. be written an a Builder's Risk 'all-risk' or open peril or special causes of loss policy form that shall i least include insurance for physical loss or damage to Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least �th� following. perils or causes of loss: fire, llghming, extended. coverage, theft, vandalism and malicious _, mischief, earthquake, collapse, debris re demolition occasioned by enforcement of Laws Regulation, water damage, and such other perils o ...i causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or� replacement of any insured property (including but limited to fees and charges of engineers and architects t 4. cover materials and equipment stored at the Site I or at another location that was agreed to in writing by OWNER prior to being ipcorpgrated in. the Work, provided that such materials and equipment have been I included in an Application for Payment recommended by ENGINEER, 5, allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final paymentis made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. B. OWNER shall.purchmc and maintain etch boiler and machinery insurance er additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All. the policies of insurance.(and the certiticates.or other evidence thereof) required tq , pm ; purchased and maintained in accordance with paragraph 5.b6 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance .specified , in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to. the extent of any deductible amounts that an identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others sitfering any such loss, and if any of them wishes Property insurance coverage within the limits of such amounts, each may purchase and maintain it at the Purchaser's own expense. . L. If CONTRACTOR requests in writing that other 4PG.Ci4i hnanrance be included in the property insurance PpJlicies provided under paragraph 5.06, OWNER.shall, if h as plc.1 tcludc such insurance,., and the cost thereof will be OR9fed to CONTRACTOR by appropriate Change Order or 1:bttea Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06-will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all. other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, dhudors, partoera, employees. agents. and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such politics shall contain proviseffect ions to the that in the event of payment of any loss or damage the insarers will have no rights of recovery against any of the insureds or additional insureds therconder. OWNER and -CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other. consultants and subcontractors of each and any of then; for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such Policies and any other property insurance applicable to the Work; and, in addition, wplye atl:.such: rights. against Subcontractors, ENGINEER, ENGIINUER's Constdtanta, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, 'directors, partners,' employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as hurt a or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and oilier consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical .loss or damage to OWNER's property or the Work. caused by, arising out of, or resulting from fire or other peril whether. or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pu rmaot to paragraph 14.05, after Substantial Completion 00700 - 17 I I pursuant to paragraph 14.04, or after final payment pursuantto paragraph 14.07. C. Any Insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such lose, damage, or consequential loss, the insorera will have no rights of.. recoveryagainst CONTRACTOR, Subcontractors, ENOINIt+R, or ENGINEP.R's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Applicad- of Insurmmce Proceeds A. Any insured loss under the policies of Insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the Insureds. as their interests may appear, subject to the tequiremeata of any applicable mortgage clause and of paragraph 5.08.8. OWNER shall deposit in a separate account any money ao received and shall distribute It in aceardance with such agree- mrat as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on aarnmt thereof, and the Work and the cost thereof covered by an appropriate Mange Oiddr*or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insiirbis unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER is, fiduciary shall make settlement with the insures in accordance with sock agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached. OWNER as fiduciary shall adjust and settle the I= with the insurers and, if required in writing by any Patty in interest. OWNER as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and lnsurarrce: Opdon to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Doctnoenu, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other itch additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shah notify the other party in writing of such failure to purchase prior, to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without i prejudice to any other right or remedy, the other parry may ' elect to obtain equivalent Bonds or Insurance to protect such other party', interests at the expense of the party who was ;required to provide such coverage, and a.Change Order shall be issued to adjuut the Contract Price accordingly., . :;•.i ., 5.10 Pardal Udlisadarr, Acbwtvfedgment of Property . Innarr A. If OWNER fords it necessary to occupy or use at j portion or portions of the Work prior to Substantial Completion of all the Work as provided inparagraph 14.05. . no such use or occupancy shall commence before the insurers' providing the property insurance pursuant to paragraph 5.06 . ' have ac►nawledged notice thereof and in writing effected any changes In coverage necessitated thereby. The insarera'l providing die property insurance &hall consent by endorse-..-' meat on the policy or policies, but the property inson inee shall not be canceled or permitted to lapse on account of any ; such partial use or occupancy. t ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIPS 6.01 Supervision and Superintendence ..i A. CONTRACTOR shall supervise, inspect, and direct the Work competeutiy and efficiently, devoting such s thereto and applying such skills and expertise es may ; necessary.to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means. methods, techniques, sequences. .and procedures of construction, but CONTRACTOR shall _ not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a spec means, method, technique, sequence. or procedure o j construction which Is shown or indicated in and expressly: required by the Contract Documenta. CONTRACTOR Rhallw- be responsible to we that the completed Work complie accurately with the Contract Documents. B. At all times during the progress of the W CONTRACTOR shall assign a competent resident tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except extraordinary circumstances. The superintendent will; CONTRACTOR'& representative at the Site and shall have authority to act on behalf of CONTRACTOR. communications given to or received from the i shall be binding on CONTRACTOR. 1: P:mib:1l�Ia I 6.02 Lgf}Ur� Working Hours 'fir5= A. CTOR shall provide competent, suitablyqualifiedel to survey, lay out, and construct the Work ad by the Contract Documents, CON- TRACTat all times maintain good discipline and order st ,13.: H. Eu + � as otherwise required for the safety or protection .Ill or the Work or property at the Site or adjacent A and except as otherwise stated in the ' Connect , all Work at the Site shall be performed during re �goi)amg hours, and CONTRACTOR will not ' permit work or the performance of Work on Saturday,' or arty legal holiday without OWNER's written (which will not be unreasonably withheld) iice. green tir written notice to ENGINEER.' 6.03 Sei,,,f&, MaeriaLt, and Equipment ,y,.r A. Unless otherwise specified in the General Re- quiremel? f)N`I'RACTOR shall provide and assume fall respoitu'b' fbi all services, materials, equipment, labor, transportal construction equipment and machinery, tools, appliances;:'—Tael, power. light, heat, telephone, water, sanitary facthtms; temporary facilities, and all other facilities and incidttttals necessary for the performance, .testing, ' y�, '.: start-utp, *jottori of the Work." 13. Ali and equipment incorporated Into the Work shalt: ; 'as specified or, if not specified, shall be of good quality aftd new, except as otherwise provided in the r. , . Contract Cnta. All warranties and guarantees specifically.. ed for by the Specifications shall expressly run to the 1t of OWNER. If required by ENGINEER, CONTRA. shall furnish satisfactory evidence (including of required tests) as to the source, kind, i and quality . orals and equipment. All materials and equipment sh- be stored, applied, installed, connected, erected, Afted used, cleaned, and conditioned in accordana',�V( instructions of the applicable Supplier, except as ote.rwise may be provided in the Contract Doco- menu. '. 6.04 pro& Schedule ' A. C¢ CTOR shall adhere tothe progress schedule established with paragraph 2.07 as it may be adjusted to as provided below. accept prol not res not es Such a schedu RACTOR shall submit to ENGINEER for the extent indicated in paragraph 2.07) Intents in the progress schedule that will aging the Contract Times (or Milestones). is will conform generally to the progress effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with. the requirements of Article 12. Such adjustments may only be made by a' Change Order or written Amendment in accordance with Article 12. 6.05 'Su6stiunes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function appel and quality requited• Unless the specification or description contains or is followed by words reading that no liltz, equivalent, or "or -equal• item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances desrnbed below. 1. 'Or -Equal' Menu: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and ettfiiciently similar so that iio change in ielated Work will be required, it may be considered b'y'ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this. paragraph 6.05.A.1, a Proposed item of material or equipment ' will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENG94M determines that (i) it is at least equal in quality, durability, appearance. strength, and design eharaMMstir•; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item maned in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an 'or -equal* item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER r•: to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable aµbstimte therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGINEER i.; will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as e .ENGINEER may decide is appropriate tinder the 1 ' d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited t, to the same use as that specified. The application will state the extent, if any. to Which the use of the . pfopoldd substitute item will prejudice ' CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a f change in any of the Contract Documents (or in the t < provisions of any other direct contract with OWNER i" for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any'fitense fee or royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, Including costs' of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. SiOm Wi'e Consbttctloh Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discrction, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in n4aragraph 6.05.A.2. C. Etgineer's Evadtarlmv ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal'made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER wn'il be the sole judge of acceptability. No 'or-9qual' or substinno will be ordered, Installed or utilized .until ENGINE�R's review is complete, .which wilt.be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an 'or equal." ENGINEER will advise . CONTRACTOR in writing. of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to famish at CONTRACTOR's expense a special Performance guarantee or other surety with respect to any substitute. E. EMCIIV M's Cost Reimbursement: ENGINEER will ...record time required by ENGINEER and ENGINEER's Consultants in evahsatu% substitute proposed or submitted by CONTRACTOR purSuat¢ toparagraphs 6.05.A.2 and 6.05.E and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or 'submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. P. CONMCTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or 'or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, SWpliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity, (including those acceptable to OWNER as Indicated in paragraph 6.06.11), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other Individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or 1; I r I I entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement; and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (tither is writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basin of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable'rephucement for the ' ' rejected Subcontractor,. Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence In the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such ' Subcontractoi,' Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER % and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR =4 the Subcontractor or Supplier will contain. provisions whereby the Subcontractor or Supplier waives. all. rights against OWNER, CONTRACTOR,..ENGINEER, ENGINEER's Consultants, and all other imdividuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other rnnanlum and -subcontractors of each and any of them) for all losses and damages caused by, arising one of, relating to, of resulting from any of the perils br causes of loss covered by such policies and"suy' other property i sunuic. applicable to the Work. If the insurers on any such policies require separate waiver fortes to be signed by any Subcontractor or Supplier, CONTRAC- TOR will obtain the same. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 6.07 Parent Fees and Royalties Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as A. CONTRACTOR shall pay all license fees and CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the acts and omissions. Nothing in the Contract Documents shall.. performance of the Work or the incorporation in the .Work of. create for the'beoefit of any such Subcontractor, Supplier, or - any invention, design process, product, or device which is other indMdual:or entity mry contractual relationship betweed the subject of patent rights or copyrights held by otheis:^If OWNER or ENGINEER and such Subcontractor, a particular e is Supplier or other individual or entity, nor shall it create any specifiedinvention, the C nt act Documents ford use Inc the obligation on the pent of OWNER or ENGINEER to pay or performance of the Work and if to the actual knowledge of to see to the payment of any moneys due any such Subcon- OWNER or ENGINEER its use is subject to patent rights or tractor, Supplier, or other individual'or entity except as may copyrights calling for the payment of any license fee or otherwise be required by Laws and Regulations. royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the D. CONTRACTOR shall be solely responsible for fullest extent permitted by Laws and Regulations, scheduling and coordinating the Work of Subcontractors, CONTRACTOR shall indemnify and hold harmless Suppliers, and other individuals or entities performing or OWNER, ENGINEER, ENGINEER's Consultants, and the furnishing any of the Work under a direct or indirect contract officers, directors, partners, employees or agents, and other with CONTRACTOR. consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited E. CONTRACTOR shall require all Subcontractors, to all fees and charges of engineers, architects, attorneys, and Suppliers, and such other individuals or entities performing other professionals and all court or arbitration or other or fu nishing any of the Work to communicate with ENGI- dispute resolution costs) arising out of or relating to any NEER through CONTRACTOR. infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the P. The divisions and sections of the Specifications and the identifications of any Drawings shall .not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor incorporation in the Work of any invention, design, process, Product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits 00700 - 21 and licenses. CONTRACTOR shall pay all governmental charges and inspection few necessary for the prosecution of the Work which are applicable at the time of opening of aids, or, if there are no 'Bids,. on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for coamections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related r therein, such as plant investment few. 6.09 Laws and Regulations f A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and . charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, - it shall not be CONTRACTOR's primary responsibility to male certain that the Specifications and Drawmp are io.accordanco with Laws and Regulations, trot' this shall not relieve.CONTRACTOR of CONTRACTOR's obligations undgra}ragrgpjt 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract price or Connect Times. If OWNER and CONTRACTOR are unable to agree an entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the Place of the Project which are applicable duffing the perfotmance'•of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or. equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with. such other Party -by "PtiAtioa or otherwise resolve the claim by arbitratioh or other dispute resolution proceeding or at law. 3. To the fnlleat extcm permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGMER, ENGINEER's Consultant,... and the officers, directors, partners,. employees, agents, and other consultanta of each and any of them from and against all claims. costs, losses, and damages (iocluding but not limited to all fees and charges of engineers, architecu, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or [elating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B.:RemoVd.4,Debrix During Puformmtce of the Wont:. During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal Of Rich waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall dean the Site and main: it ready for utilization by OWNER At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any'. manner that will endanger the structure, [tor shag CONTRACTOR subject any part of the Work or adjacent Property to stresses or pressures that will endanger it. 6.12 Record Docwnenrs A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work 1 1 1 1) 1 Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all Waved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary' protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, widka, pavements, roadways. structures, utilities, and Underground Facilities not designated for removal, 'relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety. of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work.may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any Property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.E that the Work is acceptable (except as'otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate -a qualified and experienced safety representative at the Site whose dudes and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions . and program. 6.15 Hazard Cammmdrntfon Progrmnr A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication Information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergender A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injuryy, or loss. CONTRACTOR shall._ give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work of variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the mimber of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities; dimen- sions, specified performance and design criteria, materials, end similar data to show ENGINEER the services, materials, and equip mera CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related -'Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR D. S7ubmiad Procedures t ' 1. Before each ' ? submitting Sbop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field mC85UCCmenta, WanHH'c dimen- . sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; t b. all materials with respect to intended use, fabrication, shipping, hendling.•storage, assembly, and installation pertaiuiug td the performance of the Work c. all information relative to means, methods, i techniques. sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and Is ; t.� d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Doca- meets. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's pn iew and approval of that submittal. i At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or. Sample submitted may have from' the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, .shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. ty E. ENGMER's Review I. ENGINEER will timely review and approve , 1. Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and j� approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in then Contract Documents and be compatible with the design , concept of the completed Project as a functioning whole as indicated by the Contract Documents. 1: 2. ENGINBER's review and approval will not extend to means, methods, techniques, segomces. or procedures of constructioa (except where a pattictdar means, method, technique. sequence, or procedure of ...! construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs i incident thereto. The review and approval of a separate !t Item as such will not indicate approval of the assembly in which the Item functions. 3. ENGINENR's review and approval of Shop !' Drawings or Samples shall not relieve CONTRACTOR from responsibility -for afly variation from the require- ments of the Contrac4 DOCUmcots unless CONTRACTOR .. has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINhas given written 1 EER j approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Thawing or Sample approval; nor will any approval's by ENGINEER relieve CONTRACTOR .from Pi responsibility for complying with the requirements of paragraph 6.17.D.1. ..1 F. Resubmittai Procedurej I. CONTRACTOR shall make corrections required' by ENGINEER and shall return the required number of corrected copies -of Shop Drawings and submit as required new Samples for review and. approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Condmdngthe Work A. CONTRACTOR shall carry on the Work and adhere' to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except', 00700 - 24 r r i 1: 1) r r 1 1� r as permitted by paragraph 15.04.or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONMICTOR's Genera! Warrmnty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER. ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not -be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects: cr damage caused by: 1. abuse, mnrttflrat`mu, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documments shall be absolute. Now of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: :1.. observations by ENGINEER;: 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or airy payment related thereto by OWNER; ' 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by ENGINEER; 7, any inspection, test, or approval by others; or B. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys. and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, siclmesa, disease, or death, or to Injurytb or destruction' of tangible property (other than the Work itself), including the )oas of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or Indirectly. employed by any of them to perform any of the Work.or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such Indemnified patty by laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, Partners, or employees by any employee (or the survivor or personal representative of such employee). of .. CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or 'ind rcWy employed by any of them to perform any of the Work, or anyone fur whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor. Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps. Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.02 Coordination 1 7.01 Related Wont at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, orhave other work performed by utility owners. If such other work is not noted in the Con- tract Documents, thew: I. written notice thereof will be.given to CON- TRACTOR prior to starting any such other work: and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or e:tmt, if any, of any adjustment in the Contract Prix or Contract Times that should be allowed as a result of such other work, a r Claim may be made therefor as provided in Pro paragraph 4 : 10.05. B. CONTRACTOR shall afford each other aonitactor who is a party to such a dhcct contract and each utility owner (and OWNER, if OWNER Is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly. coordinate the Work with theirs. Unless; otherwise provided in the Conhact;Dpwmants, CON- TRACTOR shall do all cutting: fitting. and parching of the Work that may be required to properly conned or otherwise make its several parts come together and properly integrate with such Omer work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only au or.alter their work with the written =am of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the cum that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by Others and this Article 7, CONTRACTOR shall inspect such other work and promptly report •to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavallable or unsuitable for the proper execution and results of CONTRACTOR'S Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. A. If OWNER intends to contract with others for iiij performance of other work on the Project at the SIte. the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority . and respa=ldluy for coordination of the activities among : the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 1 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise ' Provided yu Ore Sapp Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBUXMS 8.01 Commutdcartons to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER ' shall issue all communications to CONTRACTOR through ENGINEERt - :v 8.02 Replacement of ENGRVESB ; E 1. A. In case of termination of the employment of ENGI- NEER- OWNER &hall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose stator under the Contract Documents shall be that of the former ENGINEER. _1 8.03 Finnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Ptomptly when Due 1i A. OWNER shall make payments toCONTRACTOR promptly when they are due as provided in paragraphs ... 14.02.0 and 14.07.C. 8.05 ftmdr and Eas=ew Reporu and Tests A. OWNER's dutin in reaped of providing lands and easements and providing engineering surveys to establish reference points are act forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of exploratlons 00700 - 24 t I ' and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures it or contiguous to the Site that have been utilized . by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to par - Chasing and maintaining liability and property insurance are set forth in Article 5. i 8.07 Marge Orders A. OWNER is obligated to execute Change Orders as Indicated in paragraph 10.03. 9.08 Inspections. Testy, and Approvals A. OWNER'S responsibility in respect to certain inspec- ticm, tests. and approvals is set forth in paragraph 13.03.B. 8.09 Llmltadons on OWNERS Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR'S means, methods, techniques, sequences, k or`procedums of construction, or the safety precautions and I.; programs incident thereto, or for any faihrre of CON- TRACTOR to comply with Laws and Regulatiima' applicable to the performance of the Work. OWNER will not be I' responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 1 I 1 1� I 8.10 Undirdared Hamrdous Fnvirdm naod Condition A. OWNER's responsibility in respect to an undisclosed fiazerdous Environmental Condition is act forth in paragraph 4.06. 8.11 Evidence of Fina cid Arrangements A. If and to the extent'OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER'a obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as act forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER w01 be OWNER's representative doting the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S tepruentative during 'construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at Intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR'succuted Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general,' If the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to Check the quality or quantity. of.the Work.: ENGINEER's efforts will be directed towardproviding for OWNER a-gmater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility act forth in paragraph 9.10, and particularly, but with= limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any fail= of CONTRACTOR to comply with taws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such -Resident Project Representative'ant assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Qar{fications and fnrerpreratiow A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- rneam of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarific„timu and Iaierpretations will_be bhudmg on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment In the Contract Price.or.Co .t act Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work B. In connection with ENGINEER's authority as to Change Orden, see Articles 10, 11. and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 DeterminWons for Unit price Work A. ENGD41M will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's prelimiVxy OvWntiidallons on such Matteis before rendering a written deaisioa'thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision therean will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) ,upon OWNER and CONTRACTOR, subject' to. -.:the provisions of paragraph 10.05. 9.09 Decidons on Regrdrq gents of Contract Doctunext: and Acceptability of Work A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the Work from the requirements of the Contract Documents requirements of the Connect Documents and judge of the which do not involve an adjustment in the Contract Price or acceptability, of the Work thereunder. Claims, disputes and the Contract Times and are compatible with the design other matters relating to the acceptahility of the Work, the concept of the completed Project as a functioning whole as quantities and classifications of Volt Price Work,' the indigat.e 'by. the .Contract Documents. These may,4beit a+interpretation of the requirements a ements of the Contam l)ceutuents accomplished :by, a Field Order and will be binding on.... Pertaining to the performance of the Work, and_Clpims OWNER and alto on CONTRACTOR, who ,hall perfonia seddog changes to the Connect Price of Contract Tiom will the Work involved promptly. If OWNER and GONTRAC-: be referred Initially to ENGINEER in writing, in accordance TOR am unable to agree on entitlement to or on the amount with the provisions of paragraph 10.05, with a request for a or extent, if any, of any adjustment In the Contract Price or formal decision. Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Refecttrg Defective Work A. ENGINEER will have authority to disapprove or rejed Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER.will also have authority to require special Inspection or testing of the Work as provided in paragraph 13.04, whether,or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and payments A. In connection with ENGINEER', authority as to Shop Drawings and Samples, see paragraph 6.17. ' sibilafes B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of .final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, -dispute, or other matter. 9.10 Limitations on ENGMM's Authority and Respon- 'i A. Neither ENGINEER's authority or responsibility trader this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority ' ,tIr b. 1 1. or responsibility performance ility or the undertaking, exercise, or perfoance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety fin or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have aufbority over or be responsible for CONTRACTOR's means, methods, tecbniques, sequences, or.ptbcedutes of cousn ictinn, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Con= Documents. C. ENGINEER will not be responsible for the ads or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- mmce and operating instructions, acl=Wcs, guarantees, Bonds, certificates of inspection, tests and approvals, and ,other documentation required to be delivered by paragraph. 14.07*X wlll � be todetermine generally that then content ..compliescvith:11it requirements of, and in the ease.'of': certificates of inspections, tests, and approvals that the results certified indicate compliance with, die Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Wont A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise Specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Charger in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not requh-;d by the Contract Documents as amended, modified, or :.supplemented as provided in 3.04 m the case of an paragraph ,except emergency e, provided in paragraph 6.16 or in the case of mtcoverutg Work as provided in paragraph 13.04.B. 10.M Execution of Change Orders ' A.. OWNER and CONTRACTOR ahall execute . appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.0l.A, (H) required because of acceptance of defective Work under para- graph 13.08.A or.OWNER's correction of defective Work.under paragraph 13.09, or (iii) agreed, to by the pies; rAy 2: changes in the Contract Price or Contract Tiimes. witch aagreed to by the parties; including airy iindisputed sum or amount of time for Work actually .".:i performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision tendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may betaken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such 'notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 1 00700 - 29 10.05 Claims and Dispura A. Notice: Written notice staring *.general nature of each Claim, diapate, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute. or other matter)., A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.019. A Claim for an adjustment I ; in Contract Time shall*be prepared in accordance with the provisions of paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last 1 : submittal (unless ENGINEER allows additional time).. + B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, K any. BNGINHBR's written decision oa such Claim;' dispute, or other matter will be final and binding i upon OWNER.Iur¢CONTRACTOR Mess: (; I. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or rm 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appedir!g pay in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and ' CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim; dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not reader a formal decision in writing within the time stated in paragraph 10.05.11, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price Contract Mica (or Milestones) will be valid if not submitte is accordance with this paragraph 10.05. f z ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK I 1.1.01 Cart of the wont: :A , A. Corti lacluded: The term Cost of the Work mean the sum of all costa necessarily incurred and paid by CON- i TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or a Claim for an adjustment in Contract Price is determiner 1 the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR wmllbe only those additional or costs required because of the change in the Work of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall in amounts no higher than those prevailing inthe locality o the Project, shall include only the following items, and j not include any of the costa itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct emmmpiol, of CONTRACTOR in the performance of the Work Under schedules of job classifications agreed upon .by 'OWNtt and CONTRACTOR. Such employees .hr.Imde_wmthou1mitatim superintendents, (b��ea ; other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Wor shall be apportioned on the basis of their time spent the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits i which shall include social security contributions, unem� ployment, excise, and payroll taxes, workera' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work out of re 1 working hours, on Saturday. Sunday, or legal holidays. shall be included in the above to the extent authorized OWNER. 2. Cost otall materials and equipment and incorporated in the Work, including costa : ofo transportation and storage thereof, and Suppliers' field services required in connection therewith. Allual discounts shall accrue toCONTRACTOR OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus : materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. ' I ' 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. _ if required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to ' OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if say, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the V.fo Jc-plus a fee, the Subcontractor's Cost of the Work '. and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants ('including but not limited to engineers, architects. testing laboratories, surveyors, attorney,`and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost; including transportation and mainte- nance, of "an ' materials, supplies, equipment, machinery*- *ponces; affce, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of theWork, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented ' from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental ' agreements. The rental of arty such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. ' d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. L,osses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible ammmis of property mi smance established in accordance with paragraph•5.06:D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses. shall include settlements made with' the written t Mont and approval of OWNER. No such losses, damages. and expenses shall be included in the Cent of the Work for the purpose of determining CONTRACTOR'a fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the 'Site, expressage, and similar petty cash items in connection with the Work. L When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance. CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Cosu Exchded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.0l.A.1 or specifically covered by paragraph 11.0LAA, all of which are to be 1. considered administrative costs covered by the CONTRACTOR's fee. antes have been included in the Contract price and in the allowances, and no demand for additional p 2. Expenses of CONTRACTOR', principal and on account of any of the foregoing will be valid ; branch offices other than CONTRACTOR's office at the B. Prior to final payment, an appropriate Change Site, will be issued .a, recommended by ENGINEER to re actual amounts due CONTRACTOR on account of Work r 3. Any part of CONTRACTOR's capital expenses, covered by allowances, and the Contract price shall including interest on CONTRACTOR's capital employed correspondingly adjusted. �. for the Work and charges against CONTRACTOR for delinquent payments. 11.03 Unit Price Wont ' 4. Costs due to the negligence of CONTRACTOR, A. Where the Contract Documents provide that all 01 any Subcontractor, or anyone directly or indirectly part of the Work is to be Unit Price Work, initially the employed by any of them or for whose acts any of them Contract Price will be deemed to include for all Unit Price i may be liable, including but not limited to, the Work an amount equal to the gum of the unit price for correction of defective Work, disposal of materials or separately identified.. item of Unit Price Work times the ! ' { equipment wrongly supplied,,. and making good any estimated quantity :of each item as.indicated in the A damage to ProPY• went Tlie estimated quantities of items of Unit Price To : 5. Other or general expense costs any are not guaranteed . and am solely for the. purpose o comparison of Bids and determining an initial Contract Price kind and the costs ostfi of cos any item not specificallyy and Determinations of the actual quantities and classifications o` i • expressly included in paragraphs 11.01.A and 11.0l.B. Unit Price Work performed by CONTRACTOR will made by ENGINEER subject to the provisions of paragraph C. COMRACTOR's Fee: Wben all the Work is 9.08. n performed on the basis of cost-plus, CONTRACTOR's fee �i shall be determined as set forth in the Agreement. When the B. Each unit price will be deemed to include an amount value of any Work covered. by a Change Order or when a considered by CONTRACTOR to be adequate to cove- Claim for an adjustment in Contiaci Price is determined on - CONTRACTOR's overhead 'and* profit for each separatet the basis of Cost of the Work, CONTRACTOR's fee shall be identified item. determined as set forth in paragraph 12.O1.C. C. OWNER or CONTRACTOR may make a Claim D. Docwne iWan: Whenever the Cost of the Work for an adjustment in the Contract price in accordance wii any purpose is to be determined pursuant to paragraphs paragraph 10.05 if: II.01.A and 11.01.B. CONTRACTOR will establish and t. ' maintain records thereof in accordance with 8Y 1. the quantity of any item of Unit Price Wo i accepted accounting practices and submit in' a form performed by CONTRACTOR differs materially acceptable to ENGINEER an itemized cost breakdown significantly from the estimated quantity of such ire together with supporting data indicated in the Agreement; and 11.02 Carh Allowwwer 2. then is no corresponding adjustment with respect any other item of Work; and A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract 3. if CONTRACTOR believes that Documents and shall cause the Work so covered to be CONTRACTOR is entitled to an increase in Comrac performed for each gums as may be acceptable to .OWNER , Prix as a result of having incurred additional expense o and ENGINEER. CONTRACTOR agrees that: OWNER believes that OWNER is entitled to a decrease in Contract Prix and the parties an'unilbl'e to agree I. the allowances include the cost to CONTRAC- to the amount of any such increase or decrease. TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow- 00700 - 32 1. tARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Prig ' A. The Contract Price may only be changed by a Change Order or by a.Written Amendment. Any Claim for an adjustment in the `Contract Price shall be based on written notice submitted by. the party making the Claim r to the ENGINEER and the other party to the Contract is accar- danx with the provisions of paragraph 10.05. r, B. Tim value of any Work covered by a Change Order er of any Claim for an adjustment it the Contract Prix will rbe determined as follows: 1. where the Work involved is covered by unit Pis coated In the Contract Documents. by applica- tion of such unit prices to the quantities of the items involved (subject to the Puns of paragraph 11.03 ); or 2. when the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which. may include an allowance for overhead and profit -not, necessarily in accordance with.paragmph 12,01,q.2); *or .. 3. where the Work involved is not covered by unit ' prices contained in the Contract Documents and agree. ment to a lump sum is not reached under paragraph 12.01.13.2, on the basis of the, Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). ' C. CONnucTOR's Fee. The CONTRACTOR's fee for overhead and profit shall be determined as follows: ' 1. a mutually acceptable fixed fee; or ' 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs r' 11.OI.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; C. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee Is agreed upon, the intent of paragraph 12.0l.C.2.a Is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower der Subcontractor; d. no fee shall be payable an the basis of costs itemired Under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e.. the amount of credit to be allowed by CONTRACTOR to 0WNE1t,for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost phis a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved in any one change, the adjustment In CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, hrclo- 12.02 Change of Contract 717= A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment Any Claim for an adjustment in the Contract Tunes (or Mrile==) shall be based on written notice submitted by the party making the claim to the ENGINEER and the 'other Party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment m the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONPRI CTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Tinm (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR. sha0 include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by 00700 - 33 Article 7, funs, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONIRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the a . control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from complet- Ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER t add CONTRACTOR, an extension of the Contraa'Pimei (or Milestones) in an amount equal to the time lost doe to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. f: 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to. any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CON- TRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but `not limited to foes, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph'12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. Ali defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work I A. OWNER, ENGINEER, ENGINEER's Consultants'' other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the' Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and , safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tern and Inspections A. CONTRACTOR shall give ENGINEER timely' notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing'pmzonnel to facilitate required inspections or tests. B. OWNER shall I a� employ Pay for the services of as independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: i 1, for inspections, tests, or approvala covered by paragraphs j3.03.0 and 13.03.D below;' ' 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and :. t 3. as otherwise specifically provided lathe Con- tract Documents. C. If Laws or Regulations of any public body having , jurisdiction ra uire any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other -; representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such'] inspections, tests, or approvals, pay all costs in connection , . therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be ible for responsible arranging ... and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER', acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the . Work. Such inspections, tests, or approvals sball be performed by organizations acceptable to OWNER and ENGINEER. ._l 00700 - 34 1. I ' E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, It must, if requested by ENGINEER, be uncovered for observation. r I [J P. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response "to such notice. . c the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Wank has been rejected by ZING 14EER, remove rt from the Project and replace it with Work that is not defective. 13.04 Uncovering Wont CONTRACTOR aball pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of A. If any Work is covered contrary to the written engmeers, architects, attorneys, and other professionals and request of ENGWEER, it mast, if requested by ENGINEER, all court or arbitration or other dispute resolution costs) be uncd"red for ENGRMM's observation and replaced err...; arising out of or relating to such correction `or removal CONTRACTOR's expense. ' (including but not limited to all costs of repair or replacement of work of others). E. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected 13.07 Correction Period or tested by others, CONTRACTOR, at ENGINEER', request, shall uncover, expose, or otherwise make available A. If within one year after the date of Substantial for observation, inspection, or testing as ENGINEER may Completion or such longer period of time as may be require, that portion of the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any necessary labor. material, and equipment. If it is found that applicable special guarantee required by the Contract 'such Work is defective, CONTRACTOR shall pay- all :. Documents or by any specific provision of; thec Contract 'Claims, costs, losses, and damages (including but not limited Documents, any Work is found to be defective; or if the to all fees and charges of engineers, architects. attorneys,.and '. • repair of any damages to the land or areas made aviUablafor other professionals and all court or arbitration or other CONTRACTOR's use by OWNER or permitted by Laws and dispute resolution costs) arising out of or relating to such Regulations as contemplated in paragraph 6.1 LA is found to uncovering, exposure, observation, inspection, and testing, be defective, CONTRACTOR shall promptly, without cost and of satisfactory replacement or reconstruction (including to OWNER and in accordance with OWNER's written but not limited to all costs of repair or replacement of work Instructions: rp repair such defective land or areas, or (ii) of others): and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has decrease in the Contract Price. If the parties are unable to been rejected by OWNER, remove it from the Project and agree as to the amount thereof, OW41M may make a Claim replace it with Work that is not defective, and (iit) satisfac- therefor as provided in paragraph 10.05. If, however, such tinily correct or repair or remove and replace any damage to Work is not fared to be defective, CONTRACTOR shall be other Work, to the work of others or other land or areas allowed an increase in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly the Contract Times (or Milestones), or berth, directly aunbut- comply with the terms of such instructions, or in an able to such uncovering, exposure, observation, inspection, emergency where delay would cause serious risk of lose or testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and CONTRACTOR may make a Claim therefor as provided in replaced, and all Claims, casts, losses, and damages paragraph 10.05. (including but not limited to all fetes and charges of engineers, architects, attorneys, and other professionals and 13.05 OWNER May Stop the Work all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or air such 'A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work In such a way that 'the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order 1 has been eliminated; however, this right of OWNER to stop rep or removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that ' re 7 'A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work In such a way that 'the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order 1 has been eliminated; however, this right of OWNER to stop rep or removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that ' re 7 1i item may start to ran from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph.. .13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of am connection with such corrective and remedial action, OWNER may exclude CONTRACTOR front all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto,' take Possession of CONTRACTOR's tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow' OWNER. OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site: to enable': OWNER to exercise the rights and remedies under this aragraph . applicable statute of limitation or repose. P C. All Claims, costa, loses, damages 13.08 Acceptance of Defective Wont and (including' but not limited to all fees and . charges of engineers, i architects, attorneys, and other professionals and all court or I A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or'i replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies ENODIEER'a recommendation of final payment, ENGINEER) prefen to accept it, OWNER may do so. under this paragraph 13.09 will be charged against CON - TRACTOR, and a Change Order will be issued Incorporating t t CONTRACTOR shall pay all Claims, costs, losses, and the necessary revision >n the Contract n damages (including but not limited m all fees and charges of g respect to the Work; and OWNER shall be entitled to an be entitled o a enders, architects, attorneys. and other professionals and appropriate decrease in the Contract Price. If the parties are r all court or arbitration or other dispute resolution costs) unableto agree as to the amount of the adjustment OWNER; attributable to OWNER's evaluation of and determination to may male a Claim therefor as provided in paragraph 10.05. accept: agch.defcctive Work (such costs to be approved'.by. Such claims, costs, losses and damages will.include but.aot -ENGINEER as to reasonableness) and the diminished vdrie:-: be'Iimited-to all costs of repair, or replacement of wor1C of,; A.L: thC::.Afork to theextent not otherwise paid -;,by. --:, .ot4eq destroyed or damaged by correction~ :femovaj, :or ; CONTRACTOR pursuant to this sentence. If arty such replacement of CONTRACTOR's defective Work. f acceptance occurs prior to ENGINEER's recommendation'of final payment. a Change Order will be issued incorporating D. CONTRACTOR shall not be allowed an extension, i the necessary revisions in the Contract Doarmeots with of the Contract Times (or Milestones) because of any delay f respect to the Work, and OWNER shall be entitled to an in the perfarmatcce of the work attributable to the exercise by appropriate decrease in the Contract Price, reflecting the OWNER of OWNER's rights and remedies ®der this diminished value of Work so accepted. If the parties are paragraph 13.09. u . unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation. an appropriate ARTICLE 14 - PAYMENTS TO CONTRACTOR AND amount will be paid by CONTRACTOR to OWNER COMPLETION 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notic4.from ENGINEER to correct defective Work or to remove and replace rejected work as requited by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written not= to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER' shall proceed expeditiously. In 14.01 Schedule of Vahm A. ')('he schedule of values established as provided ij ji paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application' for Payment acceptable to ENGINEER. Progress payments i on account of Unit Price Work will be based an the number of units completed. . t 00700 - 36 I1 14.02 Progress Payments 1. i t t ... 1 A. Applications for Payments 1. At least 20 days before the date established for each progress p (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment'filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing.' the, Application for Payment shall also be accompard'Ed' by a bill of We, invoice, or other docu- mentation warranting that OWNER has received the materials and equipment free and clear of all bens and evidence that the materials and equipment are covered by appropriate properly insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall 'include an affidavit of CONTRACTOR stating that all previous progress payMerits received on account of the Work have been apl)lied`an. iciG int to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro- gress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating- in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGWEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER; based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design profession- al and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to'the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work. is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classificationsfor Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the . conditions precedent• to CONTRACTOR's being entitled to such payment •appear to have been fulfilled in so far as it is '�F.NGINEER's responsibility to observe the Work.' ' 3.. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (I) inspections made to check the quality or the quantity of the Work as it has been performed have been .exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues -between the' 'parties that might entitle CONTRACTOR to be paid' t'a additionally by OWNER or entitle OWNER to'withholdw4• ,'. payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work Additionally, said review or recommendation will not Impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representa- tions to OWNER referred to in paragraph 14.02.11.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revolt, any such Payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace - mew; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the i ocaur'ence of smy of the events enumerated in para- graph 15.02.A. ' C. Paymeu Becomes Due r� i I. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Redaction in payment L OWNER: may refuse to make payment of the full amount recommended by ENGINEER because: t a. claims have been made against OWNER on account of CONTRACTOR's.performance or fur- nishing of the Work; b. . Liens have been filed in connection with the t' Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a setoff against the amount recommended; or d. OWNER has actual knowledge of the occu r- Tence of any of the events enumerated in paragraphs '14,02.11.5.a through 14.02.E.5.6 or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the 'amount so withheld. OWNER shall ro U ' P mP Y pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's' refusal of payment was not justified, the amount ' wroAgfully withheld shall be treated as an amount due as determined by. paragraph 14.02.C.1. ' 14.03 CONIRACTOR's WarnM of 77de A. CONTRACTOR warrants and +n.+,.,r... 1`. to all Work, materials, and �' that titre equipment coveted by any ; Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of Payment free and clear of all Liens. 14.04 SLbstmuiai Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Issue a certificate. of Substantial Completion. Promptly s thereafter. OWNER. CONTRACTOR, and ENGINEER shall make an•inspection of the Work to determine the status 'of completion. If ENGINEER does not consider the Work'. substsntiatlj " `cd4lete, ENGINEER will ' notify"' ' CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or 11 corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to matte written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER wu71 within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER cohsiden the Work substantially complete, ENGINEER:Iwill within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time: of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsibili- , 00700 - 38 1, 1 1 ties pending final. payment between OWNER and CONTRACTOR with respect to security. operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINNEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER'S option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without .aignifcani interference with CONTRACTOR's Performance of the remainder of the Work, may be aceompllshed prior to Substaotial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER bellevea to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a. reasonable time after either such request, OWNE[i, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status Of completion. If ENGINEER does not consider that Part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR In writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of pa8 of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final bupection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER wlll'promptly make a final inspection with OWNER and' -CONTRACTOR and will notify CON- TRACTOR in writing of all particular& in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take Ruch measures as are necessary to complete such Work or remedy such deficiencies. . . 14.07 Final Payment 1 00700 - 39 A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Docunieats, all main- tenance and operating hwructions, schedules, guaran- tees, Bonds;.aertificates or other evidence of insurance. certificates of Inspection, marked -up record documents (as provided'in paragraph 6.12), and other documents,' CONTRACTOR may make application for final payment following the procedure for progress payments. 2.' The final Application for Payment shall be accompanied (except as previously delivered) by: () all documentation called for in the Contract Documents, inchuiing but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (li) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3: In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (1) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (11) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. if any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 1 14. B. Review of Application and Acceptance I. If, an the basis of ENGINEER's observation of the Work during construction and flail inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations tinder the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for pay- ment. At the same tithe ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return . the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount rFcomunended by ENGINEER will become due'and, wtirJf ; rill be paid by OWN- ER to CONTRACTOR.:.:.:.;. +. 14.08 Fugal Completion Delayed . A.' If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement,' and if Bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the Payment of the balance due for that portion of the Work fully completed and accepted shall be submitted .by CON- TRACTOR to ENGINEER with the Application for such Payment. Such payment shall be made under the ceders and conditions governing full payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Gaiter A. The making and acceptance of final payment will constitute: 1, a waiver of all Claims by OWNER ag CONTRACTOR, except Claims arising from uosettl Liens, from defective Work appearing after inspection pursuant to paragraph 14.06, from faffore to comply with the Contract Documents or the terms of special guarantees specified therein, or fro' CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims. by CONTRACTOR' against OWNEli,o'ther than those previously made writing which ar6still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND ; TERMINATION ' 15.01 OWNER_May Suspend Work 1i A. At any time and without cause, OWNER suspend the Work or any portion thereof for a period oi more than 90 consecutive days by notice in writing to c,63} TRACTOR and ENGINEER which will fix the date on which Work will be resumed. 'CONTRACTOR shall resume Work on the date so fixed.. 'CONTRACTOR shall be allow; an adjustment in the Contract Prier or an extension of the Contract Times, or .both, directly attributable to any suc6 :i suspension if CONTlik, 7OR makes a Claim therefor provided in paragrao,ka,95 :.... 15.02 OWNER May Ferntitute for t mrse 1 A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Document (including, but not limited to, failure to supply suffici 1 skilled workers or suitable materials or equipment ....} failure'to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to Pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws Regulations of any public body haling jurisdiction;'; 3. CONTRACTOR's disregard of the authority ENGINEER; or i 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph ,f 15.02.A occur, OWNER may; after giving CONTRACTO 1 (and the surety, if any) seven days written notice, terming 1 1® t 1). I the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the frill extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER. has. paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Connect Price exceeds all claims, coats, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys. and other professionals and all court or arbitration or other dispute resolution. costs) sustained by OWNER kirishtg out of or relating to completing the Work,'such excess will be paid to CONTRACTOR. If such claims, costa, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be requited to obtain the lowest price for the Work performed. C. Where CONTRACTOR'S aeivides bave been to terminated by OWNER, the termi utd6 .-will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue: Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Cbnvenience A. Upon seven days written notice to CONTRACTOR 'and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the tomracL In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in ' accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and punishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers. architects. attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated cons acts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination B. CONTRACTOR shalt not be paid on account of loss of anticipated profits or revemre.or other economic loss Arising oat'of or resulting from such termination. 15.04 COMMCTOR May Slap Work or Terminate A. If. through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of count 4* other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after It is submitted, or OWNER falls for 30 days to Pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may. upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminaM the Coact and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any at* right gr remedy, if ENGI- NEER has failed to act on an Application for Payment within 30 days after it is mbmittea qr'OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including iota eat thews The provisions of this paragraph 15.o4 am not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contact Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Merhodr and Procedure A. Dispute resolution methods and procedures, if any, shall be as act forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have ureter the Contract Documents or by Laws or Regulations In respect of any dispute. . t:t 1 00700 - 41 ARTICLE 17 - MISCELLANEOUS 17.01 Gung Notice A. Whenever any provision of the CCWW Docome= requires the giving Of written notice,'ft will be deemed to have been validly given if delivered In person to the individual or to a member of the firm or to an Officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business Rddrtu bown to the giver of the. notice. 17.02 Cvmputadon of 71ma A. When any period of time is referred to in the Contract Documents by days, it will be computed to CXCIU116 die first: and toclude the Isat day of such period. if the Isat. y of any such period falls on a Saturday or Sunday or an a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03'. Ckunukays pwW&ej A. 711c duties and obligations imposed by theae General Conditions and die'dilus and remedies available hereunder to the parties hereto are in addition to, and are not to be consUmed in any way as a limitation of; any. rights and remediesavailable to RUY Or all of them which i" otherwise ..imposed Or available by Laws. or. Rcgul4tgpnx,-,ty special warranty Or guarantee, or by Other Provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the contract Documents in connection with each particular duty, obligation, right, aid remedy to which they apply- 17.04 &wytyal of ObUgatim A. All rspreaentatians, warranties and Parantm made in, requited by. or given in accordance with the Contract Documents, as well as all comuming obligadm indicated in the Contract Docurnents, will smvM final payment, completion, and acceptance of the Worit or termination or completion of the Agreement. 17.05 Com"Uing Law A. This Contract is to be governed by the law of the state in which the Project is located. I SUPPLEMENTARY CONDITIONS OF THE AGREEMENT CLP Project No.2001-4501 ' SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and where in conflict, they take precedence over the "Standard General Conditions of the Construction Contract" of this Specification. SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be understood as referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be understood as referring to the City Engineer for the City of La Porte, Texas. SC-3 SCOPE OF WORK: The work to be performed under this contract consists of r; furnishing all materials, labor, supervision, tools, and equipment necessary to complete the work. SC-4 SEQUENCE OF WORK: All work covered by this Contract shall be completed within the number of calendar days designated by the Contractor in the Bid Proposal. SC-5 TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the Contract Documents and within the time limitations described in paragraph SC-4, Sequence of Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in writing 48 hours prior to start of construction. The time of completion shall include delivery time of all equipment and materials required to complete the work in conformance with the Drawings and Specifications. �.' SC-6 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the parties hereto that time is of the essence of this Contract, and that for each calendar day of delay beyond the completion date (after due allowance for such extension of time as provided herein) the CONTRACTOR shall pay the OWNER as liquidated damages the sum of one hundred dollars ($100.00), it being understood between the parties hereto that such sum shall be treated not as a penalty, but as liquidated damages for f loss of revenue to the OWNER. SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written ' guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work under the Contract to be free from faulty materials in every '.� particular, and free from faulty workmanship, and against injury from proper and usual wear, and agreeing to replace or to re -execute without cost to the OWNER such work as may be found to be imperfect or improper, and to make good all damage caused to i, other required replacement or re -execution. The guarantee shall be made to .cover a ' period of one year from the date of completion of all work under this Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and final payment. Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty ' materials or workmanship during the period covered by the guarantee. SC-8 MATERIALS AND WORKMANSHIP: No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without written consent by the OWNER. SC-9 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at a location satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They shall be well ventilated, but provide proper concealment, and shall be kept scrupulously clean at all times by the CONTRACTOR. The facilities shall be removed and the site restored to its original condition upon the completion of the work All such facilities shall conform to the requirements of the state and local health authorities, ordinance and law. SC-10 INCONVENIENCES TO THE PUBLIC: It is the declared and acknowledged E intent of these specifications that all work such as backfilling of excavations, removing forms, repairs to roads and drives, and clean-up or other such operations shall follow as closely as practical to the laying or installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a hazard to public safety created. Any specific limitation in the technical specifications referring to the control of the "follow-up" operations, such as the minimum distance of unfilled trench allowed behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is created. The CONTRACTOR, upon notification by the OWNER or OWNER'S representative shall make necessary changes to his forces and/or equipment. SC-11 PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the CONTRACTOR. Easement, right-of-way and instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR shall obtain all required permits from the City of La Porte and any other affected agency. SC-12 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities thereon free from accumulations of waste material, debris or rubbish caused by his employees or work; at the completion of the work he shall remove from the site all his tools, surplus materials, debris, and shall leave the site and his work 'broom ' dean" or the equivalent, unless otherwise noted on the drawings or specified by .the OWNER. SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the OWNER'S operations meet with a minimum of interference resulting from the work requiring by these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a manner as to permit these continued operations and so as not to interfere with the business of the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at the pre -construction meeting and restrict all his ' vehicle and personnel to this route and to the site. The blocking or hindering of traffic will not be permitted. iil SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in connection with this work The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and where required, shall properly connect and coordinate his work with theirs. ' SC-15 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the ` OWNER'S forces or by other contractors contiguous to work covered by this contractor, the respective rights or the various interests involved shall be established by the OWNER or his resident inspector, to secure the completion of the various portions of the work in general harmony. CONTRACTOR shall issue work schedules in conflicting areas as requested by the OWNER or his resident inspector. SC-16 STORAGE OF MATERIALS AND EQUIPMENT: Any material which has deteriorated, become damaged or otherwise unfit for use, shall not be used in the work - Any material or equipment must be stored at a location directed by the ENGINEER at the pre -construction meeting. Upon completion of all work, or when directed by the r OWNER, the CONTRACTOR shall remove such storage facilities or equipment form the ii site. r; SC-17 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground structures in the vicinity of the work are shown on the drawings according to the best information available to the OWNER. The OWNER does not guarantee the accuracy of this information. The CONTRACTOR shall make every effort to locate all underground utilities by prospecting in advance of trench excavation. The cost of repair of existing utilities damaged by the CONTRACTOR shall be bome by the CONTRACTOR, and shall be scheduled so as to cause the least possible inconvenience to the public. Any delay or extra cost to the CONTRACTOR caused by pipe lines or other t� underground structures or obstructions not shown on the plans or found in different s locations than those indicated, shall not constitute a claim for extra work, additional payments, or damages. SC-18 SUBLETTING THE WORK: -The CONTRACTOR shall perform with his own organization and with the assistance of workmen under his immediate supervision, work ' not less than fifty percent (50%) of the value of all work embraced in the Contract exclusive of items not commonly found in contracts for similar work or which requires highly specialized knowledge, craftsmanship and/or equipment not ordinarily available ' in the organizations of the contractor's performing work of the character embraced in the Contract. No portion of the work covered by these specifications and materials, shall be sublet without written permission from the OWNER. If the CONTRACTOR sublets any part of the work to be done under this Contract, he will not under any circumstances be relieved of his responsibility and obligations. All transactions of the OWNER will be with the CONTRACTOR. Subcontractors will be considered only in the capacity of employees and/or workers and shall be subject to the same requirements as to character, competency, wages and hours. The OWNER will not recognize any subcontractor on the work The CONTRACTOR shall at all times, when the work is in operation, be represented either in person or by a qualified superintendent or other ` designated representative. A complete list of subcontractors must be submitted within ten (10) days after start-up. f1 SC-19 PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use construction equipment, labor, or techniques to insure that existing facilities such as but not limited to, existing utilities are not damaged. A careful pre -construction inspection of existing facilities will be made with the OWNER and the CONTRACTOR. SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental growth within the right-of-way, not directly interfering with the construction of the road bed, sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree, shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers, sidewalks or driveways shall be relocated to a i location satisfactory to the adjoining property owner outside of the street right-of-way. Large trees not conducive to moving shall be removed and disposed. j; s SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER. f; SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water for construction and testing from the City of La Porte at his cost. A construction meter will be provided at no cost to the CONTRACTOR for the duration of construction. SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing facilities (i.e., lift stations, valves, fire hydrants) during construction. SC-24 OWNER'S PROPERTY INSURANCE: Owner shall not be required to provide i; any additional property insurance coverage under this contract. SC-25 REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this ' contract, with exception of the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an additional insured. The coverage and amounts designated !; are minimum requirements and do not establish limits of the contractors liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: General Liability: Commercial General Liability ?; General Aggregate $1,000,000.00 Personal Injury $1,000,000.00 Each Occurrence $1,000,000.00 ■ Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence $1,000,000.00 Each Aggregate $1,000,000.00 Worker's Compensation: ,1 A. Definitions: 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. Duration of the project - includes the time from the beginning of the work on the ' project until the contractors work on the project has been completed and accepted by the OWNER. Persons providing services on the project - 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 has employees. This includes, without r, limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which r; furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the project. "Services" does not include activities unrelated i to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. 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 i, employees of the contractor providing services on the project, for the duration of the project. r• `, C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. D. If the coverage period -shown on the contractors 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 OWNER showing that coverage has been extended. i' E. The CONTRACTOR shall obtain from each person providing services on the project, and provide the OWNER: (1) a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) 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 F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provisions of coverage of any persons ' providing services on the project. H. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on the Project, to: < (1) provide coverage, based on proper reporting of classification codes and payroll amount 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 of the Project; ' (4) obtain from each other person with whom it contracts, and provide the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the project; and r' (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 ends during the duration of the Project. (5) retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter, (6) notify the OWNER in writing by certified mail or personal delivery, ' within ten (10) days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the Project; and ' (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 service. ' J. By signing this contract, the CONTRACTOR is representing to the OWNER that all employees of the 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 Regulations. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, or other civil action. K The CONTRACTOR'S failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the OWNER to declare the :t Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the City. The CONTRACTOR shall be responsible for insurance to cover equipment, tools, materials, supplies, etc. used in the performance of work, owned or rented, the capital value of which is not included in the cost of this Contract. Insurance policies are to be written by companies authorized to do business under the ' laws of the State of Texas and on forms approved by the Insurance Commission of the State of Texas. The CONTRACTOR shall provide the OWNER a copy of all insurance policies. All of the insurance required to be carried by the CONTRACTOR shall be by policies which shall require on their face, or by endorsement, ten (10) days written notice to the { OWNER before they may be cancelled and within which ten day period the CONTRACTOR covenants that it will provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the coverage required under the ! provisions hereof. Failure or refusal of the CONTRACTOR to obtain and keep in force 1, the above required insurance coverage shall authorize the OWNER, at its option, to terminate this contract at once. The CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and agents from all claims and liability due to the activities of itself, its agents, or employees performed under this contract and which result from an error, omission, or negligent act of the CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall indemnify and save harmless the OWNER from any and all expenses, including attorney fees, which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities which might be ' imposed on the OWNER as a result of such activities by the CONTRACTOR, his agents, or employees. L r '1 ' SC-26 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of La Porte Ordinance No. 1773, approved July 22, 1991, corporate sureties issuing payment and performance bonds payable to the City of La Porte on public works projects shall meet all of the following criteria: a. The surety company must be authorized to do business in the State of Texas, which authorization must be recorded in the files of the Texas State Board of Insurance; b. The surety company must be an approved surety company listed in the current United States Department of Treasury list of approved corporate sureties for payment and performance bonds for federal jobs, including specifically the rules to underwriting limitation; c. . The surety company must be authorized to issue payment and performance F • bonds in the amount required for the Contract, which authorization must be recorded in ithe files of the Texas State Board of Insurance; r� d. The person executing the Payment and Performance Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas State Board of Insurance; and i, e. The person executing the Payment and Performance Bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required for the Contract and such authorization must be recorded in the files of the State Board of Insurance. .; f. Failure to meet the criteria for acceptability of surety company issuing Payment and Performance Bonds will result in the disqualification of the bid. (; g. The Payment and Performance Bonds shall remain in effect at least one year beyond final acceptance of work under the Contract by the Owner. t�SC-27 RETAINAGE: If the total Contract price is greater than $400,000.00, five percent (5%) of the total contract price will be retained until final payment as described below. If the total Contract price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until final payment as described below. On or before the tenth (10th) day of the month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then ' pay the. CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month the amount of the approved statement, less five percent (5%) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement. For total Contract prices (Base Bid) less than $400,000.00, the OWNER shall then pay the CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month the amount of the approved statement, less ten percent (10%) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the ' CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the Contract subject to those conditions under the General .; Conditions, Article 14, Payments to CONTRACTOR and completion. SC-28 PREVAILING WAGES: The CONTRACTOR and his subcontractors shall t expressly comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly t' known as, 'The Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage for the Hams County area as attached at the end of these !; supplementary conditions shall be paid for labor which is employed by the ' CONTRACTOR and his subcontractors for execution of this contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names, wage classifications, and hourly wages paid to each worker employed on this project These records shall be open to inspection by the OWNER. SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer f� will be the final interpreter of the requirements of the contract documents and sole judge of the acceptability of work thereunder. f; SC-30 DISPUTE RESOLUTION, METHODS AND PROCEDURES: ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered. by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within 45 days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within 30 days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The Engineer's rendering of a formal decision shall be a condition precedent to further dispute resolution actions. i1 Mediation: Any Claim arising out of or related to the Contract may, by mutual agreement between the parties, and after initial decision by the ENGINEER, be subject to mediation. By mutual agreement, the parties may endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the ' Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. 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 mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Arbitration: Any Claim arising out of or related to the Contract shall, after initial decision by r� ENGINEER, be subject to arbitration. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. A demand for arbitration shall be made within 30 days after the ENGINEER's decision, or within 14 days after the final mediation proceedings, if both parties mutually agree to mediation. i Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the �.' ENGINEER, the ENGINEER'S employees or consultants, except by written consent containing specific reference to the Agreement and signed by the ENGINEER, OWNER, i' CONTRACTOR or any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or any other manner, parties other than the OWNER, CONTRACTOR, and other persons substantially involved in a common ' question of fact or law whose presence is required if complete relief is to be accorded in '• arbitration. No person or entity other than the OWNER, CONTRACTOR shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to t arbitrate and other agreements to arbitrate with an additional person or entity, duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. >'Claims and Timely Assertion of Claims. The party filing a notice of demand for t' arbitration must assert in the demand all Claims then known to that party on which i arbitration is permitted to be demanded. ' Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. L 1f 6l uul 1 1 PFtHVli Lll 2 weroEllATR pZj!j ILIINATIt7N BUILDING CONSTRUCTION TRADES COUNTY NAME: HARRIS Data Printed r Apt 15,1997 S0.00 In the rate field Indicates inGlAcient data was racehred to determine it prwaQing wage rate for this ciassiticallon. Government Cade Title 10, Section 22M&023, paragraph C state x 'A contractor or subcontractor does not vlolata ails section B a public body awarding a contract does not determine the Prev2Mn9 wage rates and sped7y the rates In the contract as provided in Section 2255.022' Properly d Oenerel SaMe" ccn, bn 6a24d an 1996 Survey HmRa 1 General Services Commission 1711 Saa Paclato - P.O. Box 13041 '. Amain. Tecu 78711-3047 Web Site: www.Sse.ttu&wus (512)463.3035 ' .Pertinent Information to Ali Public Entities Using Prevailing Wage Rate Deterriinatidna Produced by the General Services Commission 1. The contracting entity awarding any contract for non -federally funded, public worlor construction projects (regardless of size or dollar value) shall include in bid specification documents and contract documents a prevailing wage rate determination of per dlem wages for the IocaQty in which the work Is to be performed; , for each craft or type of workman or mechanic needed to execute the contract The Prevailing Wage Rate Determination Is defined as (1) the Prevailing Wage Rate Determination Information sheet (document number WR1001), (2) the Prevailing Wage Rate Determination for Building Construction Trades, and (3) the Department of labor (DOL) Heavy Highway Doterminallon. The DOL Heavy Highway rates are to be paid to workers engaged In site work determined to be five (5) feet beyond the building, extending to the property boundary. ' 2 It shall be the responsibility of the contracting entity to ensure that the General Contractor posts the applicable Prevairng Wage Rate Detemilnation in a arorrinent. gay accessible placeat the work site. 3. It shalt be the responstbliity at the contracting entity to ensure that not less than the posted, specified rates are paid to all classifications of workmen, mechanics and laborers employed by the General Contractor and/or Subcontractor;, in the execution of their contract with the contracting entity, and to ensure that all workets fit Into one of the fisted worker classifications for work of a similar character. For example, welders are to be paid the rate of pay for the trade they are working for. 4. It shag be the responsibility of the contracting entity to take cognizance of wage rate disputes and/or comphdnts of all violations of the provisions of Chapter 2258 Texas Government Code Title 10. 5. It shag be the responsibility of the contracting entity to address the issue of fringe benefits in the bid specification documents and contract documents. The Prevailing Wage Rate Determinations produced by the General Services Commission include fringe benefits in the total wages. The bid spedfcation documents and contract documents need to specify whether the contracting entity Is requiring that fringe benefits be paid. 8. it shag be the responsibility of the contracting entity to address the Issue of the use of appreredcas and their payment rate In the bid specification documents and contract documents. The fates specified -in the Prevailing Wage Rate Determination produced by the General Services Commission are journeyman rates. Hlstolcaffy, the apprentice rate Is commensurate with the experience and slag of the worker. For example, on GSC projects, apprentices are paid at a rate of not more than So% of the journeyman's wage. Also on GSC projects, at no time shag a journeyman. supervise more than one (1). apprentice. Note. The terms journeyman and apprentice apply to both union and independent workers, and are not Intended to imply that these positions are union workers only. 7. Some Prevailing Wage Rate betenninallons for Building Construction Trades may Indicate $0.00 in the Total Wage' column, rather than a dollar amount. In such eases, The General Services Commission did not recelve sufficient survey data to tabulate a prevailing wage for this worker classification, In the specllied area, and can not provide a prevailing wage rate for this classification. Where this occurs, General Contractors and Subcontractors chaff not be bound to a prevailing wage rate for the da=lflcation In question. . WOW Mr I= 1 General Services Commission 1711 San racism - P.O. Box Qo47 Austin, Texas 78711-3047 ' Web Site: WWW.2=Jtuo.tx.us (312)463-3035 Prevailing Wage Rate Determination information The following information from Chapter 2258 Texas Government Code Title 10 should be inducted In your bid specification documents and contract documents: 2258.021. Du ty of Govern mental Entity to Pay Prevailing Wage Rates t(a) The state or any political subdivision of the state shall pay a worker employed by It or on behalf of it (1) not less than the general prevailing rate of per diem wages for work of a similar character In the locatity In which the work is performed; and. (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work (b) Subsection (a) does not apply to maintenance work. (a) A worker Is employed on a public work for the purposes of this section If the worker is ern pl contractor or subcontractor in the execution of a contract for the public work with the state a tt�cala cy subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor, Penalty. (a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shag ' pay not less than the rates determined tinder Section 2258.022 to a worker employed by 8 in the execution of the contract. (b). A contractor or subcontractor who violates this section shall pay to the state ore. Political subdivision of the state on whose behalf fhe contract is made, $60 for each worker employed for each calendar day or part of the'day that the worker is pald less than the wage rates stipulated In the contract. A public . body awarding a contract shag specify this penally in the contract Note: This penalty applies even if the contractor or subcontractor and the worker come to an agreement on the underpaid wages (see Atlomey General Opinion DM-469). (c) A contractor or subcontractor does not violate this section if a public body ' determine the prevailing wage rates and specify the rates in the contraass provided bcontract Sec�tio�� not 2258.022. (d) The public body shag use any Money collected under this section to offset the costs inauTed in the administration of this chapter. (a) A municipality is entitled to collect a penalty under this section only N the municipality has a population of more than 10,000. 2258.051. Duty of public Body to Hear Complaints and Withhold Payment (a) A public body awarding a contract, and an agent or officer of the public body, shalt (i) take cognizance Of complaints of all violations of this chapter- committed In tho execution of the contract: and (2) withhold money forfeited or required to be withheld under this chapter from the payments to the contractor under the contract, exceptthat the public body may not withhold money from other than the final payment without determination by the public body that there is good causo to believe that the contractor has violated this chapter. �' Nwiom uw me ' Y F� �wk GRi1T1 Wor�r.assiflcatforr Definition Sheet .rvnkar wtto removes and disposes of asbestos materials. r Worker who builds structures, or replacrn0 wood. Indudp t and finuln lures of any matariah which hea ring installer VHorker who Insteps entry, hardware and Crum Finisher carpet and/or odor coverings - vinyl bile Connnusnlcatlortfrelecorrn�instapar Ring er Mechanic ring ins— 'taller orker who floats, trowels, and finishes concrete. MM who installs dataRalephona and t' ovision cable and ut�ment and accessories. associated Prior who installs is ceiGrnpa metal Gamed wags and eepings, drywap coverings caft Vad craftsman who Installs or repair: electrical wiring alarm systems, and WAC electrical controls. and devio0a. Includes ran skilled in the instalia6on and maintenance of elevators, who ra c�tezier aP envy Equipment Operator - ys or apI rue proofing materials. Worker who Installs glass, .g4tbrtg and glass f g induce« but M-kinited to all Cat tractors, ail ri cranes, bear toe, back Qper r � Pewared ell power operated . power operated shovel, %inch ftStllalpr maddnes. truck, an trenching Ion Worker Worker who applies, sprays, or Installs insulation. Skilled craftsman who erects 9RI lural steel framing redHelper concrete Rebar. and IrtstaDs structural Worker qualified for on u,ske and tools, haurung, digging, 9, an up. orsaml sidled work and Mnp materials 99 r/Plasterar Worker who installs metal Framing and lath. Worker who applies plaster to tithing and f steps associat¢d accessories Ught EquiPment Operator includes but not lUnitod to air ca Mason elevator, form grader. concrete m6wr r�oers, true iq�e der. flex plane, building el), eomreyor. Craftsman for prose works with masonry products, stone, brick blockor My manacle! substituting materials ,fetal Building 9 Assembler and accessories. Warkerwho assembles ,�yrig� Pre-made metal buildings. Mechank: sPecialbing in the Installation of heavy machtrtery, , conveyance, wrenches, dock levelers, frydraupc pits aldaawafi Covering ktstafler and align pumps Worker who surfakresand _ pofitter end beddinp,PrePareswag applies Paint ardor wan coverings, tape Trainedworker who trtstafla (boned piping. pnePiping systems, chilled water Piping and hot water urnatic tubing controls, anber chillers. dopers, and associated m0�'n� equlprnenL Skilled craftsman who Installs domesse lot and cold water piping � waste PWrn9, storm system Piping. water closets, *for sinks urinals and related worfc. eel Metal Worker who Installs roofing materials, t3ltumen a9 hah and cold tell ��• an types roofing membranes and associated Worker products. Worker who irutalls shoal metal products Roof metal tlasNn ductworik mechanical equlpmem, �endFlowWorker inkier F and associated match. who Instafia fan sprinlder systems and (Ire razor Worker Salter — proteWon ogtrtpment. Craftsman who places and rmhhes Terrazzo. Worker who prepares wall and/or floor surfaces and applies ceramic Ules to those surfaces,' erproofer/Caulker Worker who sealank caulk sheet membrane, p �ngs. Product Indudq member on. q sprayed roped. or brushed I ' TECHNICAL SPECIFICATIONS i1 CLP Project No. 20014501 i ITEM I ?' REMOVING EXISTING CONCRETE SIDEWALK AND CURB 1. DESCRIPTION 1.1 This section governs the furnishing of all equipment, superintendence, labor and materials, and performing of all operations in breaking up and removing existing concrete i� pavement, curb, sidewalks, and disposing of the old concrete or other materials satisfactorily in a manner and place to be determined by Contractor and approved by Owner. 2. CONSTRUCTION METHODS ' 2.1 Where only a portion of the existing concrete pavement, curb, or sidewalk is to be removed, special care shall be exercised to avoid damage to that portion of the concrete to remain in place. Where concrete pavement is removed at locations between joints, the existing concrete pavement and curbs shall be saw cut the full depth to a neat line as indicated on the plans or in the specifications. If any existing concrete beyond the neat line so established is damaged or destroyed by these operations, it shall be replaced at the contractor's entire expense. 2.2 Existing concrete to be removed shall be broken up into pieces by air -driven machinery or by other suitable means. The use of explosives for breaking up old concrete to be removed is not permitted. 2.3 Work performed under this item shall be inaugurated at such time and prosecuted in such a manner as to cause a minimum of inconvenience to traffic or to the owners of ' adjacent property. Any area where pavement has been broken -up and/or removed shall require standard barricades, fencing, or other approved safety devices as will exclude public traffic until such time that the material has been properly replaced and approved by ' Owner. 3. MEASUREMENT 11 3.1 Removing existing concrete sidewalks will be measured in linear feet in its original position regardless of its thickness. Removal of concrete curb shall not be measured or ' included or considered in the total quantity of material removed. All broken concrete removed shall become the property of the Contractor, and any disposal shall be considered incidental to the pay item. 3.2 Full depth saw cut will be measured by linear feet as cut. '' Technical Specifications page 1 of 19 4. PAYMENT 4.1 All work performed as required herein and as provided under "Measurement' will ' be paid for at the unit price bid per linear feet, which payment shall be full compensation for furnishing all labor, tools, equipment, hauling and disposal of broken concrete and all other incidentals necessary to complete the ! work No payment shall be made for removal of curb but shall be considered incidental. 4.2 Saw cut will be paid for at the unit price bid per linear feet. All saw cut shall be +' made to the full depth of materials that are required to be cut This shall include all existing curb to be removed for handicap ramps. '1 ITechnical Specifications page 2 of 19 TECHNICAL SPECIFICATIONS CLP Project No. 2001-4501 1 ITEM II FOUR FOOT CONCRETE SIDEWALK REPLACEMENT 11 1. DESCRIPTION 1.1 This section covers the furnishing of all equipment, superintendence, labor, and materials necessary in construction of concrete sidewalks including handicap ramps in accordance with the plans and specifications. '■ 2. MATERIALS c• ' 2.1 Concrete shall conform with requirements specked in Technical Specification "Concrete for Structures". C12.2 An approved type of commercial pre -molded expansion joint (3/4" thick) or redwood (1"thick) shall be placed. 2.3 Reinforcing steel shall be #3 bars at 18" O/C each way or #4 @ 24" O.C. E.W. 2.4 Cushion sand shall be dean and well graded and free of clay and humus material. ;-a 3. CONSTRUCTION METHODS 3.1 Stripping: All grass and humus material shall be stripped and removed from the area of the sidewalk tl 3.2 Grading: After stripping and removing of grass, humus material, and tree roots, any soft or otherwise unsuitable material within the sidewalk area shall be removed and replaced with approved fill materials and compacted. The grade shall then be brought up to the bottom of the proposed level of the sidewalk with a maximum of four inches (4') ' of bank sand fill. !' 3.3 Forms: The sidewalk shall be formed and braced with forms of wood or metal, straight, free from warp and of a nominal depth of four inches (4') prior to pouring of concrete. The forms shall be braced so that no horizontal or vertical displacement occurs during the concrete pour or during the period for curing. 3.4 Expansion joints shall have a maximum spacing of thirty feet (30') between i' joints or as shown on the plans and according to this spermcations or as directed by the Owner's Representative. Expansion joints shall be required where all sidewalks intersect with existing driveways, existing roadway pavement, and at all saw cuts locations unless {, otherwise directed by the Engineer. In locations where the new concrete is to tie to ' existing concrete, the old expansion joint material shall be removed and replaced with new expansion joints. '' Technical Specifications page 3 of 19 1 ' 3.5 During the placing of the concrete, the reinforcement shall be held in a position parallel with the surface plane of the sidewalk as shown on the plans or as called ' for in the specifications by the use of plastic chairs or other methods approved by the engineer. 3.6 The concrete surface shall have a rough, non-skid type finish. The concrete surface shall be free of any graffiti or writings. It shall be the contractor's responsibility to protect the freshly poured concrete and finish on the surface a sufficient length of time to allow the concrete to set up. Any concrete with graffiti and/or writing shall not be accepted and shall be removed and replaced by the contractor at no cost to the owner. 3.7 The dummy groove joint shall be edged in the surface of the concrete at every six foot (6) intervals. 3.8 The outer edge and joints shall be troweled to give a smooth surface and rounded to a 1/4 inch radii. 4. CURING r . 4.1 After the concrete has obtained a final set, the concrete surface shall be I, sprayed with membrane curing compound to protect it against loss of moisture for a period of not less than 72 hours from the beginning of curing operations. ' 4.2 Failure to provide the proper curing or other failures to comply with curing requirements shall be cause for immediate suspension of concreting operations. (' 5. CYLINDER OR BEAM TESTS 5.1 During work, progress, the Owner, at his discretion, shall provide all i cylinders or beam tests as specified herein. The laboratory testing and services shall be provided by the Owner. The Owner does hereby reserve the right to collect all cylinder samples himself, if desired, and deliver same to the testing laboratory approved to ! perform the tests prior to the placement of concrete. The tests will be performed to maintain a check on the compressive or flexural strength of the concrete that is actually placed. The test shall be defined as the average of the breaking of.three cylinders or two beams as the case may be. Test beam or cylinder specimens shall be required for each 167.5 cubic yards, or a portion thereof, placed each day. For smaller concrete placements, the Owner's Representative may vary the test specimens to 25 cubic yard placements, over a several day period. Cylinders or beam specimens shall be placed, covered and stored in curing water tanks at temperatures between 70 degrees F. and 90 degrees F., until transported to the testing laboratory. The test specimens shall be cured in accordance with THD Bulletin C-11. !' 6. PROTECTION OF SIDEWALK i +, 6.1 The contractor shall erect and maintain the barricades required'by the plans and/or the specifications, or such other standard barricades and approved devices as will I exclude public traffic and traffic of his employees and agents from the newly placed sidewalk. All barricades shall remain in place r' ' Technical Specifications page 4 of 19 1 until such time as the concrete has cured sufficiently to a point where it is safe to be used by the public and not be damaged by that use. Barricades shall not be removed until all ' form materials, surplus wood and steel or any other surplus materials have been removed from the site to provide for the safety of the public. All areas adjacent to sidewalks where forms were removed shall be balled and graded prior to removal of the barricades. 7. CLEAN-UP r' 7.1 The contractor shall remove all rubbish and waste materials from the site. The clean-up operation shall be kept up behind the construction at all times. 8. MEASUREMENT 8.1 The concrete sidewalk, complete in place, to the dimensions and limits detailed on the plans and as described in these specifications will be measured by linear feet of sidewalk placed. Curb shall be incidental to the job and will not be measured. 9. PAYMENT 9.1 The payment for the concrete sidewalk measured as indicated in paragraph i 8 will be made at the contract unit bid price per linear feet for concrete sidewalk, complete in place. Payment will constitute full compensation for cost of furnishing all plant equipment, superintendence, labor, and materials and performing all operations required for a completed installation including stripping, grading, fill materials, :furnishing and placing concrete and reinforcing, clean-up, and all incidental operations required for a complete foundation. i 9.2 Wheel chair ramps shall not be measured, but shall be paid for by lump ( sum at the contract bid price per each type of concrete wheel chair ramps identified on I the Plans (Types A, B). Placement of sand cushion and concrete curb shall be considered incidental and no separate pay item will be allowed. 1 �1 i 1' Technical Specifications page 5 of 19 `1 TECHNICAL SPECIFICATIONS ITEM III CONCRETE FOR STRUCTURES r' € 1. DESCRIPTION, i; 1.1 This section shall govern the materials and methods used for the proportioning and mixing of concrete for pavement, driveways, pre -stressed concrete, and other concrete incidentals required to complete the construction of the project The concrete shall be composed of Portland cement, mineral filler, and natural aggregates, proportioned and mixed as provided in this specification. 2. MATERIALS 2.1 Cement The cement shall be Type I, Type II, or Type III of a standard brand of Portland Cement conforming to ASTM Designation C-150. Only one brand of cement will be permitted in any one structure. 2.2 Mixing Water. The water used with the cement shall be dean and suitable for drinking or for ordinary household use. 2.3 Course Aggregate: The course aggregate shall consist of gravel, crushed stone, or a combination of these two. 2.3.1 Gravel shall consist of durable particles of crushed or uncrushed gravel of ` uniform quality throughout It shall have a wear of not more than 40 percent when tested according to AASHO Method T-96. E1 2.3.2 Crushed stone shall consist of durable particles of stone of uniform quality and having the same wear as that required for gravel. 't 2.3.3 The course aggregate shall be free from an excess of salt, alkali, roots, and other objectionable matter. The maximum size aggregate shall be governed by the type ' of structure in which the concrete is used and as shown in Table I. :1 :1 2.3.4 ' following: r� TECHNICAL SPECIFICATIONS The grading requirements of the course aggregate shall conform to the TABLE Percentage Retained No. Maximum 3" 1 2 2" 1 1"7 No.4 size 1 2 1/z" 0 0-5 0-20 15-50 60-80 95-100 2 0 0 0-5 20-70 95-100 3 1 ° 0 0-5 15-45 . 50-70 95-100 r 2.4 Fine Aggregate: Fine aggregate shall consist,of natural sand and be free from frozen material, foreign material, excess salt, alkali, or vegetable matter. It shall contain not more than 0.5 percent by weight of clay lumps: 2.4.1 The grade requirements of the fine aggregate shall conform to the following: Sieve Percent etained i' 3 /811 0 No. 4 0-5%, No.,8 0-20% No. 16 15-50% No. 30 40-75% No. 50 70-9GOA No. 100 90-100% 2.4.2 The fineness modulus of the fine aggregate shall be between 2.40 and 2.90. When this fineness modulus varies more than .20 than that being used in the current design, then the batch will be redesigned in accordance with standard Highway Department methods. 2.5 . Admixtures: An air entrained concrete will be used for all bridge superstructures. Air entrainment will also be required during hot weather placement when, in the opinion of the Owner's Representative, the admixture is needed. The air entrainment agent shall be of a standard commercial type conforming to the requirements of ASTM Designation C-260. 1 ': TECHNICAL SPECIFICATIONS 3. . PROPORTIONING AND CLASSIFICATION 3.1 Concrete shall be proportioned as determined by the Owner's Representative and using the method as outlinedin the Texas Highway Department Bulletin C-11. The concrete shall be uniform and workable. The minimum cement content, maximum allowable water content, and maximum slump of the. various classes shall conform to the following: Type of Construction Min. Min. Comp. Max Water Slump Coarse Coarse SWCY Strength 28 Cement Inches Aggregate Aggregate Day PSI Ratio Class No. Foundations 5 3000 7.0 2-3 1-2 A General Concrete 5 3000 7.0 3-4 2-3 A Drilled Shafts All Superstructure 5 3000 6.5 2-3 2-3 A ' Concrete Riprap & Sidewalks 4.5 2500 7.0 3-4 1-2 B Pre -stressed 6-7 6000 5.75 2-3 3 C ■ Concrete Seal Concrete 6 3000 7.0 5-6 1-2 D ,1 3.2 The dry loose volume of course aggregate shall not be more than .82 cubic foot of the finished concrete. 3.3 The net amount of water will be the amount added at the mixer, plus the k; l� free water in the aggregate, and minus the absorption of the aggregate based on a 30 minute absorption test as defined in THD Bulletin C-11. 3.4 Where flexural test beams are used the 7-day flexural Strength shall be equal to or greater than one -sixth of the 28 day compression test. 3.5 Where the difference between the actual amount of concrete placed and the calculated theoretical amount required is more than 3%, the Owners Representative shall require the re -design of the batch. ' 4. CONSISTENCY 4.1 Concrete shall be of such consistency as to insure the required workability and result in compact masses having dense, uniform surfaces. The quantities of the mix design shall not be varied unless authorized by the Owners Representative. In cases where the characteristics of the aggregates are such that, with the maximum allowable amount of water the consistency requirements cannot be satisfied, the contractor may furnish additional aggregates, mineral filler, or aggregates of a different character which will.produce the desired results. If the contractor does not provide these materials, the Owners Representative will modify the mix design with additional cement to produce proper workability. The. addition of water to the approved batch design to provide ' workability will not be permitted. TECHNICAL SPECIFICATIONS 4.2 In general, the consistency of concrete mixtures shall be such that: 4.2.1 The aggregates will not segregate and mortar will cling to the coarse aggregate. 4.2.2 The concrete when dropped from the discharge chute will flatten out at the center of the pile, but the edges will not flow. 4.2.3 The concrete will not show free water. 4.2.4 The concrete will slide and not flow into place when discharged from the metal chute at an angle of 30 degrees with the horizontal. 4.2.5 The surface of the finished concrete will be free of laitance. 4.3 Any concrete mix failing to meet the above consistency requirements will be considered unsatisfactory although the concrete meets the required slump test In cases where the characteristics of the aggregate furnished are such that, with the maximum allowable amount of water, the specified slumps and consistency requirements are not met, the contractor may provide aggregates of an improved grading, or the Owner's Representative will modify the mix design to meet the slump and consistency requirements by adding cement 4.4 The slump tests will be provided by the approved Testing Lab according to ;j the standard ASTM testing procedures. 5.' TESTING OF CONCRETE. 5.1 During the progress of the work, the. Laboratory will cast test cylinders for i testing in order to maintain a check on the compressive strength of the concrete actually !, placed. 5.2 A test shall be defined as the average of the breaking strength of three cylinders. 5.3 Test cylinders for job site control will be tested according to ASTM Designation: C-39 "Method of Test for Compressive Strength of Molded Concrete Cylinders". Test cylinders shall be made in accordance with Test Method Tex-704-1. 5.4 All test specimens, beams, or cylinders representing tests for removal of forms or falsework for pre -stressed or post -tensioned beams shall be cured under the same conditions, subjected to the same curing materials, and to the same weather conditions .as the concrete represented. .' 5.5 Other cylinders will be cured in accordance with THD Bulletin C-11. 1 1 6. LL' I' 1, TECHNICAL SPECIFICATIONS 6.1 The concrete shall be mixed in quantities required for immediate use and in concrete not in place within the following : Air Temp. or Concrete Temp. Maximum Time in Mixer (Highest Value) 40 degrees F. to 74 degrees F. 75 degrees F. to 89 degrees F. 91 degrees F. and above 90 minutes 60 minutes 45 minutes 6.2 In threatening weather, which may result in conditions that will affect the quality of the concrete, the Owners Representative may order postponement of the work Where work has been started and changes in weather conditions require protective measures, the contractor shall furnish adequate shelter to protect the concrete against from rainfall or freezing temperatures. 6.3 Concreting will not be permitted when the temperature is 40 degrees Fahrenheit and falling. 7. MEASUREMENT 7.1 Unless provided for in the proposal, the quantities of concrete of various classifications will, not be measured directly but shall be included in the itemized bid structures. 8. PAYMENT 8.1 Payment will not be made but shall be incidental to the item for which lt pertains. `' TECHNICAL SPECIFICATIONS ITEM IV UNDERMINED SIDEWALK POINT REPAIRS 1. DESCRIPTION This item shall govem all excavation and balling of areas under or around existing sidewalks that have voids created by storm sewer lines, sanitary. sewer lines, manholes, or inlets that.have cracks or openings allowing materials under the sidewalk to be washed and carried away. It shall govern the furnishing of all equipment, supervision, labor, and materials to perform the repairs as specified. 2. MATERIALS f 2.1 Materials shall consist of cement stabilized, sand as specified under the ' specifications Item 9. . 3. CONSTRUCTION METHODS `., 3.1 The existing concrete sidewalk shall be removed in accordance with the specification Item 1. After the sidewalk is removed, the Owner's Representative shall inspect the site to determine the extent and cause for the voids. Based on the inspection, +' the Owner's Representative may instruct the contractor to just add cement stabilized sand in the void and compact it in an approved manner or he shall instruct the contractor as to the size, location, and depth of any required excavation in order to allow the placement and compaction of the cement stabilized sand The size, location, depth, and estimated volume of excavation shall be agreed upon by the Contractor and the Owner prior to proceeding with the repair.' The normal width of any excavation of material down along side of any pipe or manhole shall be maintained as near as possible to a width of 12 inches. The maximum depth for the excavation shall not exceed 6 feet in depth as measured from the top of the existing. natural ground. All excavated material shall be removed and disposed of as per the Owner's instructions. 3.2 .If in the opinion of the Owner's Representative, more extensive repairs are warranted; the Owner shall have the option of making the additional repairs with City personnel or negotiating with the Contractor for the additional repairs. Al additional worts ' contemplated other than that described under. section 3.1 shall only be done by Change Order. 1 'i TECHNICAL SPECIFICATIONS 4. MEASUREMENT 0 4.1 Excavation and removal of existing soil materials and compaction of cement stabilized sand shall be measured in cubic yards based on the amount of agreed excavation as specified in Section 3.1. Cement stabilized sand shall be measured as specified under cement stabilized sand. 5. PAYMENT 5.1 Excavation and removal of existing soil materials and compaction of cement stabilized sand shall be paid for by the cubic yard of excavated material as measured and agreed upon by the Owner and Contractor as specified in Section 3.1 and based on the unit price bid for this item. i' j1 �j 1 �1 1 1 ' TECHNICAL SPECIFICATIONS ' ITEM V ADJUSTMENT OF METER BOXES, VALVE BOXES AND MANHOLE RINGS AND COVER 1. DESCRIPTION 1.1 This section shall govern the adjustment of meter boxes, valve boxes, manhole rings and covers, etc. to the proposed finished grade of roadway paving, 'sidewalks, parking lots, or other paved surfaces as indicated on the plans or, in the opinion of the Owner's Representative, requiring an adjustment.. The work covered in this section consists of furnishing all plant equipment, labor, materials, and performance of all operations for the required adjustments. 2. CONSTRUCTION METHODS p' 2.1 After the existing pavement is removed, the existing water meter box, valve box, or manhole ring and cover shall be excavated around in,a sufficient manner to allow for the required adjustment in grade. The adjustment of water meter boxes and valve boxes shall be made without adjustment in grade on the water line or service lines. If, in the opinion of the Owner's Representative, an adjustment in the service line or system line is required, he may direct the contractor to do so under extra work items or the work may be performed by City of La Porte personnel. The adjustment of manhole rings and covers shall be accomplished by removal or addition of materials necessary to bring the top to grade and may be poured as an integral part of the proposed pavement. 3. MEASUREMENT 1 t 3.1 The adjustment of the water meter boxes, valve boxes, and manhole rings and covers shall be measured by each. ' 4. PAYMENT 4.1 Payment for complete adjustment of water meter boxes, valve boxes, and t.' manhole rings and covers will be made at the unit price bid for each. .i ' TECHNICAL SPECIFICATIONS ITEM VII BANK SAND 1. DESCRIPTION 1.1 The work covered by this section consists of furnishing all plant equipment, labor, materials, and performance of all operations for placement of sand used as a cushion for sidewalks, driveways and wheelchair ramps, as well as extra sand ordered by the Engineer. 2. MATERIALS F 2.1 Sand: The sand shall be a river sand free from roots and other objectionable matter. 3: CONSTRUCTION METHODS 3.1 Sand shall be placed, as directed by the Owner, in not more than four (4) inch layers, loose measured and compacted with mechanical tamps or other approved equipment 4. MEASUREMENT 4.1 Sand ordered by the Engineer will be measured by the cubic yard based on delivery haul tickets which shall be provided to the Owner's representative on the day of the delivery. The sand ,tickets shall be subject ' to inspection and verification by determining the load capacity of the delivery vehicle(s). Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental to the work and will not be measured separately. 5. PAYMENT. 5.1 Sand ordered by the Engineer will be paid by the unit price bid per cubic yard. . Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental to the work, and payment is included in the unit cost for each of these items. i1 i' TECHNICAL SPECIFICATIONS 1 ITEM VIII ST. AUGUSTINE BLOCK SODDING 1 ' This Item consists of preparing ground, providing and planting St. Augustine grass, providing and distributing fertilizer, and . subsequent watering. only on those areas approved by the Engineer. Materials: st Sod: e_. 1. Use sod consisting of live, healthy, dense, vigorous, well rooted St: Augustine grass. - 2. Sod to be free of debris, weeds ,or other grasses. `s1 3. Sod to be a minimum soil thickness of 14nch. 4: Do not use sod which is dried out or which contains debris,: weeds or other grasses. 5. Plant sod which has been excavated for this project within three days. ' I_. Fertilizer. .`' 1. Use Media Plus for new solid sod. 2. Apply in accordance with manufacturer's printed instruction. Payment: No separate payment will be made for grass and fertilizer unless it is considered extra E'y and ordered by the Engineer. i 1 This section deleted. TECHNICAL SPECIFICATIONS ITEM IX CEMENT STABILIZED SAND END • 08/28/02 WED 10:29 FAX 281 646 7047 (6001 DOUGLAS L. DAVIDSON 1621 Lavaca Canyon Lake TX,78133 830-935-3404 SOX B3J 9ds 3/9$ ;eM4t'�A To: &,T iY o/EY --- Fax: I ,7 SIIg;KZ IIvd 2 From: Doug Davidson 830-935-3198 fax Pages: (with cover) Date: 9 /9 9 "1 7 _ Re: C r t y o fi .C/�-PakTF_ s•� u.1hdJ,f �yn..�.dTS 0161rgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: GXp,Jse m-F Aand5ss /}ToFi /rr.9 f{o✓s�o �, 7X 7703 2— �oJS�TS /J,yv/d_sa,J 1 / 1 -COMM. JOURN -. * * * K DATE FlUG-26 A2 ****K TIME 13:25 P.01 MODE - TRANSMISSION STN NO. COM ABBR NO 001 OK s START=RUG-28 13:24 STATION NAME/TEL.NO. PAGES DURATION 1830935319E 002 00:00144" -CITY OF LAPORTE END=RUG-28 13:25 :y . . City of La Porte Accounts Payable Check Requisition Vendor #: I Due Date: Vendor Name: D.L. Davidson Contractors, Inc. C/O Atofina Attention: Trish Browning 15710 ]FK Blvd., Ste. 8815 Houston, TX 77032 You are required to attach receipts with all check requisitions. Description: City -Wide Sidewalk Replacement Project — CLP #2001-4501 Final Payment for Construction Account # Project # Invoice # Commodity Code Date Amount $$ 015-9892-709-5110 GEN-709 Pay App. #4-Final 260-040 9-20-02 $4,973.57 Total Amount Due: $ $4,973.57 Remarks: Denote "Full & Final Payment" on check. Prepared By: Peggy Lee 1 I D ) Date: 9-23-02 \d ///dc Approved B Date: 108/28/02 WED 13:29 FAX 281 646 7047 DOUGLAS L. DAVIDSON 1621 Lavaca Canyon Lake TX,78133 830-935-3404 Z001 To:y aCE Fax: From: Doug Davidson 830-935-3198 fax Pages: / ( with Date: Re: C r T y p .Cw-PeiQTF ,s•�% w� 'Aa gent ❑ For Review ❑ Please Comment • Comments: ❑ Please Reply ❑ Please Recycle /S -/a .i f/Y '50 / re- " 8 1 S r/14All i3O of D4 APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: CITY-WIDE SIDEWALK REPLACEMENT I TOTAL AMOUNT WORKDONE TO DATE: E49 735.73 ORIGINAL CONTRACT AMOUNT: $ 49027.00 AMOUNT RETAINED 10% y SO NET CHANGE BY CHANGE ORDERS: $0.00 PREVIOUS PAYMENTS- $44,70216 REVISED CONTRACT AMOUNT: $49.735.73 TOTAL DEDUCTIONS: $44 762.16 OWNER: City of La Porte AMOUNT DUE OONTRACTOR $4.973.57 PO Box 1115 La Pate TX T7572-1115 CCNTRACTOR D.L.DAVIDSON CONTRACTORS INC FINAL PAYMENT - RETAINAGE 19728 SAUMS RD. PMB9 125 4' PAYUENT HOUSTON, TX 77084 (281) 646-OT70 CONTRACT DATE: 3116/20012 WORKING DAYS TO DATE: 75 To the best of my knowledge, 1 certify, that all Rams, quenlilies and prices of work and materials shown on the face of the estimate are correct; that at work has been performed and materials supplied in full acoordanoe with the terms and conditions of the corresponding conspucbon contractual documents between Ire Owner and the Contractor, all changes au0larized thereto; that the foregoing Is a true and correct statement and of the contract amount up to arid Including the last day of the period covered by this estimate and that no part of the *AMOUNT DUE CONTRACTOR" has been revised. I further cerily that ell just and lawful bits against the above named Contractor, for labor, material and expendable equpment employed in the peftmance of said contract have been paid rL cenrdance the contract requirements. DATE: /-,Io-c�L TITLE:.. — SIGNED and SWORN betore me, a Notary Pubic in and for the Stale of Texas this ZO v.. day of S-ed I-C hdLX02 p oY" .r-� - I n II',47b eY: MY COMMISSION Timh erowdng W CammIWW Ewfm sepknie•r 25.2004 ENGINEER'S CERTIFICATION FOR PAYMENT In accordance with the oonbact documents, based on on-slte observations and the data oonpnsing the above application, the Engineer cerhlies to Urn Owner that Ore quality of the Work is in accordance with the Contract Documents. end the Contractor is ertilled to payment of the AMOUNT DUE CONTRACTOR DATE: I? a� City of La Porte Accounts Payable Check Requisition Vendor #: Due Date: Vendor Name: D.L Davidson Contractors, Inc. 19728 Saums Rd. #125 Houston, TX 77084 You are required to attach receipts with all check requisitions - Description: City -Wide Sidewalk Replacement Project — 2001-4501 Construction Account # Project # Invoice # Commodity Code Date Amount $$ 015-9892-709-5110 GEN-709 Pay Est. #1 260-040 6-17-02 $15,725.55 Total Amount Due: $ $15,725.55 Remarks: Prepared By: Peggy Lee Date: 6-19-02 Approved By: I Date: `� — / �— v Z — Revised 8/15/97 (/ PY 0 APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: CITY-WIDE SIDEWALK REPLACEMENT I TOTAL AMOUNT WORT( DONE TO DATE $17 472.83 i ORIGINAL CONTRACT AMOUNT: $ 49 027.00 1 AMOUNT RETAINS 10Y.: 41,747.2a NET C1tANGE 9Y CHANGE ORDIERS $0.00 PREVIOUS PAYMENTS: 40.0ol REVISED CONTRACT AMOUNT: OWNS R. City of Le Porte $49027.00 TOTAL DEDUCTIONS: AMOUNT DUE CONTRACTOR: $1,747.28 1 $15,725.65 PO Box 1115 La Porte. TX 77572-1115 CONTRACTOR D.L.DAVIDSON CONTRACTORS INC ESTIMATE NO. 1 19726 SAUMS RD. PM86125 HOUSTON, TX 77084 81 646-0770 CONTRACT DATE: 3r18/2002 WORKING DAY&TO DATE 21 To the best of my knowledge, I certify that all Gems, quentillos and prices of wodt and materials shown on the face of -the estimate are correct; that at :wrtc.has been parformied and malartais supplied In Atli accordance wilb the 40mhs and conditions of the corresponding construction canugclual documents between the Owner and the Contractor, an changes authorized thereto; that the foretping Is a [rue and correct statement and of the contract amount up to and Including the Iasi day of the pedod covered by Ibis estimate -.and (fort noparl of the 'AMOUNTDUE CONTRACTOR` has been revised. 1/ dl Texas this / 7 dey o1 J-yW,6 2002 BY: <iR/g� f�Re rnr �?a�C 6Ma.bxBtow ' Sc'�7'Ernb' MYCOMMISSION EXPIRES: sit o7s o700-� I.Itather canny thatall just and lawful bills agalnsl the above named Contractor, far labor, matelot and expendable equipment employed In the Performance of sold contract have been paid In Idl acoordanc the contract DATE / 7 QZ TITLE: 41 fit" -. Trr:h .. SIGNED and SWORN before rme, a 0 ENGINEER'S CERTIFICATION FOR PAYMENT z In accordance with the contract documents, based on on•sile observallms and the data comprisIN the above application the Englneer ceAffles io the Owner that the quality of the Work Is in accordance with tha Contract Documents, and (he Contractor is entitled to payment of the AMOUNT N DUE C BY: C"rc� t� r�� / o G� u— DATE: 0 z i N 0 N 0 z. 0 co N 0 0 N PROJECT NAME: PROJECT NUMBER CONTRACTOR: DATE: CITY-WIDE SIDEWALK PROJECT 2001-4501 D.L. DAVIDSON CONTRACTORS INC 12-Jun-02 Quantity Dollars . Installed This Period Installed Previous Periods Total Installed To Date This Period Income Previous Periods Income Total Income To Date Item No. Est. Description of Work Qty. Unit Unit Estimated Price Value 1.0 CONCRETE SIDEWALK 3497.3 LF $ 2.00 $ 6,994.60 1200 0 1200 $ 2,400.00 $ - $ 2,400.00 REMOVAL 2.0 4' WIDE CONCRETE SIDEWALK 3648.4 LF $ 11.00 $ 40,132.40 1200 0 1200 $ 13,200.00 $ - $ 13,200.00 3.0 MANHOLE ADJUSTMENT 6 EA $ 200.00 $ 1,200.00 1 0 1 $ 200.00 $ - $ . 200.00 4.0 GATE VALVE ADJUSTMENT 7 EA $ 100.00 $ 700.00 0 0 0 $ - $ $ 5.0 EXTRA BANK SAND 0 TON $ 10.00 $ - 0 0 • 0 $ - $ - $ 6.0 EXTRA SOD BY CITY 0 SY $ 10.00 $ 0 0 0 $ - $ - $ - 7.0 REMOVE/REPLACE 0 SF $ 5.50 $ 304.15 0 304.15 $ 1,672.83 $ - $ 1,672.83 DRIVEWAY 8.0 0 $ $ 0 0 0 $ $ $ 9.0 0 $ $ 0 0 0 $ $ $ 0 $ $ 0 0 0 $ $ $ 0 0$ 0 0 0 $ $ $ $ 49,027.00 $ 17,472.83 $ $ 17,472.83 D.L.DAVIDSON CONTRACTORS INC. 19728 SAUMS RD. PMB # 125 HOUSTON, TX 77084 OFF: (281) 646 - 0770 FAX: ( 261) 646 -7047 To: City of Le Porte 604 W. Fairmont Pkwy. LaPorte, TX 77572-1115 Attn: Mr. Carlos Martinez Dear Mr. Martinez, listed below Is pay request No. 1 for work completed on Me City -Wide Sidewalk Replacement Project In April and May of 2002. CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001.2002 6/10/02 Invoice # 1 ITEM. DESCRIPTION UNIT QUANTITY UNIT TOTAL NO. COMPLETED PRICE TOTAL IN CONTRACT 1.0 CONCRETE SIDEWALK REMOVAL LF 1200.00 $2.00 $2,400.00 3497.3 COMPLETE IN PLACE 2.0 4' WIDE CONCRETE SIDEWALK LF 1200.00 $11.00 $13,200.00 3648.4 COMPLETE IN PLACE 3.0 MANHOLE ADJUSTMENT EA 1.00 $200.00 $200.00 6 COMPLETE IN PLACE 4.0 GATE VALVE ADJUSTMENT EA 0.00 $100.00 $0.00 7 COMPLETE IN PLACE 5.0 EXTRA BANK SAND TON 0.00 $10.00 $0.00 6.0 EXTRA SOD SY 0.00 $10.00 $0.00 7.0 REMOVE REPLACE DRIVEWAY 3405 Valley Brk. SF 304.15 $5.60 $1 672.83 Sinc y, ^ Daniel L Davidson Vice President 1 r City of La Porte Accounts Payable Check Requisition Vendor #: I Due Date: Vendor Name: D.L. Davidson Contractors, Inc. 19728 Saums Rd. 4125 Houston, TX 77084 You are required to attach receipts with all check requisibFol7s. Description: City -Wide Sidewalk Replacement Project - CLP #2001-4501 Construction Account # Project # Invoice # Commodity Code Date Amount $$ 015-9892-709-5110 GEN-709 Pay App. #2 260-040 7-16-02 $12,510.00 Total Amount Due: $ $12,510.00 R ar Prepared By: Peggy ueg�O Date: 7-17-02 �p/d�- -� Revised 8/15197 Approxed BY;, J �'(%fj //`/v Date: � � L APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: CITY-WIDE SIDEWALK REPLACEMENT TOTAL AMOUNT WORK DONE TO DATE: $31 372.83 ORIGINAL CONTRACT AMOUNT: $ 49 027.00 AMOUNT RETAINED 10% : $3 137.28 NET CHANGE BY CHANGE ORDERS: $0.00 PREVIOUS PAYMENTS: $15 725.55 REVISED CONTRACT AMOUNT: $48 027.00 TOTAL DEDUCTIONS: $18,6112.83 OWNER: AMOUNT DUE CONTRACTOR: $12,51D.00 City of La Porte PO Box 1115 La Porte TX 77572-1115 CONTRACTOR: ESTIMATE NO. 2 D.L, DAVIDSON CONTRACTORS INC 19728 SAUMS RD. PMBN 125 HOUSTON, TX 77084 281 646-D770 CONTRACT DATE: 3/18/2002 WORKING DAYS TO DATE: 45 CERTIFICATE OF THE CONTRACTOR OR HIS DULY AUTHORIZED REPRESENTATIVE To the best of my knowledge, I certify that all Items, quardities and prices o1 work and materials shown on the face of the estimate are correct; that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction contractual documents between the Owner and the Contractor, all changes authorized thereto; that the foregoing is a true and correct statement and of the contract amount up to end Including the last day of the period covered by this estimate and that no part of the "AMOUNT DUE CONTRACTOR" has been revised. I (urlheT certify that all just and lawful bills against the above named Contractor, for labor, material and expendable equipment employed In the performance of said contract have been paid in full accordance with the contract requirements. DATE: TV/ $/O 3 BY- S'�� I dY0 Lrilzyl F SPN�D and SWORN before mqga Notary Public in and for (he State of Texas this /YVIL day c✓ �_ Z,[r/ _ z � III L REMINGTON MY COMMISSION EXPIRES: t ••v=._•...•FYPIRF ENGINEER'S CERTIFICATION FOR PAYMENT In accordance with the contract documents, based on on -site observations and the data comprising the above application, the Engineer certifies to o the Owner that the quality of the Work Is In accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT n DUE CO TOR. r m BY: DATE: m N PROJECT NAME: CITY-WIDE SIDEWALK PROJECT PROJECT NUMBER 2001-4501 CONTRACTOR: D.L. DAVIDSON CONTRACTORS INC M A TC. 1 a-_ h d-rn �,. Quantity Dollars Installed This Period Installed Previous Periods Total Installed To Date This Period Income Previous Periods Income Total Income To Date Item No. Est. Description of Work Qty. Unit Unit Estimated Price Value 1.0 CONCRETE SIDEWALK 3497.3 LF $ 2.00 $ 6,994.60 1000 1200 2200 $ 2,000.00 $ 2.400.00 $ 4,400.00 2.0 REMOVAL 4' WIDE CONCRETE SIDEWALK 3648.4 LF $ 11.00 $ 40,132.40 1000 1200 2200 $ 11,000.00 $ 13,200.00 $ 24,200.00 3.0 jMANHOLE ADJUSTMENT 6 EA $ 200.00 $ 1,200.00 4 1 5 $ 800.00 $ 200.00 $ 1,000.00 4.0 IGATE VALVE ADJUSTMENT 7 EA $ 100.00 $ 700.00 1 0 1 $ 100.00 $ - $ 100.00 5.0 EXTRA BANK SAND 0 TON $ 10.00 $ - 0 0 0 $ - $ - $ " 6.0 EXTRA SOD BY CITY 0 SY $ 10.00 $ - 0 0 0 $ - $ - $ 7.0 REMOVE/REPLACE 0 SF $ 5.50 $ - 304.15 0 304.15 $ 1,672.83 $ - $ 1,672.83 8.0 DRIVEWAY 0 $ - $ - 0 0 0 $ - $ - $ - 9.0 0 $ $ 0 0 0 $ - $ 0 $ $ 0 0 0 $ $ $ 0 0 $ - 0 0 0 $ - $ $ - $ 49,027.00 $ 15.572.83 $ 15,Ann .On $ 31,372.83 D.L.DAVIDSON CONTRACTORS INC. 19726 SAUMS RD. PUB 0125 HOUSTON, TX 7709e OFF. (281) "ll - 0770 FAX: (261) 646 -7047 TO: CIry of Le Porto 604 W Falrmom Pkwy. La PorM TX 77572.1115 Aftn: Mr. Carlos Mart/net Dear Mr. MardnaL listed below Is pay /a9nesl No. 21or work complafed on the City6WId9 Sidewalk Replacamart Pro)ad In June 2002 7/7/02 Invoice 6 2 ITEM. DESCRIPTION WU QUANTITY �jO j TOTAL TOTAL IN TOTAL COMP. COMPLETED C C 1.0 CONCRETE SIDEWALK REMOVAL LF 1000.00 $2.00 $2,000.00 0497.3 22M COMPLETE IN PLACE 2.0 r WIDE CONCRETE SIDEWALK LF 1000.00 $11.00 $11,000.00 0649.4 2200 COMPLETE IN PLACE 0.0 MANHOLE ADJUSTMENT EA 4.00 $200.00 s900.00 6 6 COMPLETE IN PLACE 4.0 GATE VALVE ADJUSTMENT EA 1.00 $100.00 $100.00 7 1 COMPLETE IN PLACE 5.0 EXTRA BANK SAND TON 0.00 $10.00 60.00 ' 6.0 EXTRA SOD SY 0.00 $10.00 $0.00 7.0 REMOVE REPLACE DRIVEWAY 0405 Val Brk. SF 0.00 66.60 $0.00 704.15 00a.16 TOTAL DUE TO DATE: 1 $10 900.00 Slamely, Daniel L Davidson In" ProsidYd RECEIVED JUL 11 2002 PLANNING DEPT. Month ot: Tu n¢ Project Name:GivyVJide ;G Projec t CLP Project 9: 2o6 I -'/SD/ 1 5 1 6 1 71 81 9 1 10 ' 11 1 12 1 13 1 14 1 15 1 16 1 17 1 18 1 19 1 20 1 21 1 22 ' 23 i 24 1 25 1 26 i 27 1 28 cl, �^^ ^ ^~� J , ✓� �dy f L6 w �R h a>I-- ywem M4� �o i oo O Z 9 r�f..4 im3.70 Month of. ma Project Name:Ciry 0tde fJ Proje-t CLP Project fi ADO - Daily Report Na No Description ( e� `I �, O 1 .� ! 2 3 4 I 5 1 16�33 6 I 7 1 I I 8 I I 9 j8 WI I 10 L21 I I 11 1 I 12 I 13 14 15 161 I 17 18 1 19 I I 20 I I I 21 0196. 22 I 23 I I 24 I I I 25 I I I. 26 1 I I 27 1 I I 28 1 I I 29 ! IDS 30 31 Total z lace 9.�I >�•8 oc.31 I I I I I I I ( 21 I I I I I I14 I I I I I 1 I 3 1 I M. I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! 6. V ' r l I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I f I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ( I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l l l l l l l l l l l l l l l l! I I l l l l l l l l l I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I II I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City of La Porte Accounts Payable Check Requisition Vendor # Due Date: Vendor Name: D.L.Davidson Contractors, Inc. I ✓�%�.� 19728 Saums Rd. #125 Houston, TX 77084 You are required to attach receipts with aii check requisitions. Description: City -Wide Sidewalk Replacement Project — CLP #2001-4501 Construction Account # Project # Invoice # Commodity Code Date Amount $$ 015-9892-709-5110 GEN-709 Pay App. #3 260-040 8-22-02 $16,526.61 Total Amount Due: $ $16,526.61 Remarks: Prepared By: Peggy Lee / Date: 8-27-02 ReoicaA RIIS/O� Appro ed By: Date: � 2%O2. v "'I APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: CITY-WIDE SIDEWALK REPLACEMENT TOTAL AMOUNT WORK DONE TO DATE: $49 735.73 ORIGINAL CONTRACT AMOUNT: $ 49 027.00 AMOUNT RETAINED 10% : !/973. S NET CHANGE BY CHANGE ORDERS: $0.00 PREVIOUS PAYMENTS: $28 235.55 REVISED CONTRACT AMOUNT: S#9-- 6 TOTAL DEDUCTIONS: 5- OWNER: Y9 735. 73 AMOUNT DUE CONTRACTOR: A0 City of La Porte i All 14 PO Box 1115 La Porte, TX 77572-1115 CONTRACTOR: ESTIMATE NO. 3 D.L. DAVIDSON CONTRACTORS INC 19728 SAUMS RD. PMB# 125 t~1111EN� HOUSTON, TX 77084 (281)646-0770 CONTRACT DATE: 3/18/2002 WORKING DAYS TO DATE: 75 CERTIFICATE OF THE CONTRACTOR OR HIS DULY AUTHORIZED REPRESENTATIVE To the best of my knowledge, I certify that all items, quantities and prices of work and materials shown on the face of the estimate are correct; that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction contractual documents between the Owner and the Contractor, all changes authorized thereto; that the foregoing is a true and correct statement and of the contract amount up to and including the last day of the period covered by this estimate and that no part of the "AMOUNT DUE CONTRACTOR" has been revised. I further certify that all just and lawful bills against the above named Contractor, for labor, material and expendable equipment employed in the performance of said contract have been paid in full a ordance with the contract requirements. DATE: $"�2z_OZ BY: ova— TITLE: �tG' PeIDF,►.I l SIGNED and SWORN befgre me, a Notary Public in and for the State of Texas this day of ,,,,,,,,, BY: MY COMMISSION EXPI 0 YVONNE GARRISOF WTMY KRIC STATE OF TEXAS MY -MISSION EXPIRES: F24. 2005 ENGINEER'S CERTIFICATION FOR PAYMENT In accordance with the contract documents, based on on -site observations and the data comprising the above application, the Engineer certifies to the Owner that the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT DUE CONTRACTOR. PROJECT NAME: CITY-WIDE SIDEWALK PROJECT PROJECT NUMBER 2001-4501 CONTRACTOR: D.L. DAVIDSON CONTRACTORS INC DATE- 20-Aua-02 - Quantity Dollars Installed This Period Installed Previous Periods Total Installed To Date This Period Income Previous Periods Income Total Income To Dale Item No. Est. Description of Work Qty. Unit Unit Estimated Price Value 1.0 CONCRETE SIDEWALK 3497.3 LF $ 2.00 $ 6.994.60 1035.7 2200 3235.7 $ 2,071.40 $ 4,400.00 $ 6,471.40 REMOVAL 2.0 4' WIDE CONCRETE SIDEWALK 3648.4 LF $ 11.00 $ 40,132.40 1426.5 2200 3626.5 $ 15,691.50 $ 24,200.00 $ 39.891.50 3.0 IMANHOLE ADJUSTMENT 6 EA $ 200.00 $ 1,200.00 1 5 5 $ 200.00 $ 1.000.00 $ 1.200.00 4.0 GATE VALVE ADJUSTMENT 7 EA $ 100.00 $ 700.00 4 1 5 $ 400.00 $ 100.00 $ 500.00 5.0 EXTRA BANK SAND 0 TON $ 10.00 $ - 0 0 0 $ - $ - $ - 6.0 EXTRA SOD BY CITY 0 SY $ 10.00 $ - 0 0 0 $ - $ - $ - 7.0 REMOVE/REPLACE 0 SF $ 5.50 $ - 0 304.15 304.15 $ - $ 1,672.83 $ 1.672.83 DRIVEWAY _-- —_ ---- _ _ —� 0 0 0 $ - $�� - $ i --- --$._ .0 $ 0 0 0 $ $ $ \ } $ 49.027.00 $ 18,362.90 $ 31,372.83 $ 49,735.73 08/19/02 18:19 FAX 281 646 7047 D L DAVIDSON INC 0002 1 D.L.DAVIDSON CONTRACTORS INC. 1072E SAL= AD. PUB 0126 HOUSTON, TX 77M OFF. (WI) 010. 07T0 FAX: (261)444-7047 re: Cfy of V Porte SIM W. Fdm1grf Ploy. V Poffa TX 775ne115 ADn: Mr.Rkhard Spkw Dear Mr. Spkw, Sstad kabM is pay ropm'tAkx 31or Mork cncy&kMd w Nn CM6WWO SJdaolt Rep 1, 11 1111 PMj1d in Jrdy midAu jR s 2002 Pay request Ra 3 b Ure fNa! bnroks /Or OMS pfaJ4CL 9=-WDE SIDEWALK REPLACEMENT PROJECT FT 2ho1.2w2 8/16/02 Lwcke s 3 ITEM. DE4CRIPTI3N �JANT= UNIT TOTAL TOTALa1 TOTAL COMP. NO. COMPLETED PRICE C P(TRACT INVs to CONCRETE SIDEWALK REMOVAL LF 1275.00 s200 t:L53L00 3467-3 3479 COMPLETE DI PLACE 20 PMTDE CONCRETE sa)EWALK LF 1430m slim $15.730m 3w&4 300 COMPLETE IN PLACE 3.0 MANHOLE ADJUSTMENT EA 2m $=Coo Wo.00 6 7 COMPETE IN PLACE 4.0 GATE VALVE ADJUSTMENT EA 6m 91WAD SM10m 7 7 COMPLE M IN PLACE 5A EXTRA BANK SAND TOM Om s10m som ' 6.0 EXTRA SOD SY Om $10m sOm ' 7.0 REMOVE REPLACE DRIVEWAY 3405 Val 3F Om $LN Sam 304.15 304.15 SMca 0 D &W L Da.idsw Vks Piesldam Month of S'y r�� Project Name: Giay W �o�e Pro �L°iG t- CLP I Project #: ZCjo t- kDailyReport No. on I UaI L +I I v s 11 I V l 23451 I S/. I 1 I I I 61 I 71 I I 81 I I 9 II I 10 I 111 I 121 7.91 I 13 1 14 1 151 1 I 151 1 I 171 17 I 18 I 1I I I 19I1II I I 201IIII 21IIIII I I T22. II 23III 24II I 25III 26III 271IIII I I 281III I 29IIII 301 III I z93.10 II 11re I �0To3tal V. �• ra I I I I 11 1 I 1 2- -7-7- Month okA6VG� S/,) R6ecA- Drni>-4 rj. 1O. CLp Project A: 20 y r-4S6 Daily No.Descripton Report No. I / 1 21 3 I 4 5 1 I 61 71 . I e l II 9I1I 10 I!I 11 III 12 1 ! 13 I IT 14 I 5 I II I I II 22 23 III 24 II! 25 II I 25I I7I I I 26 II I 29 I Total 30 II 31 I I I I I I a I I I I I I I I I I I I I I I I I I I 1 s l suw.. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I ! I I I IG. I r l I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I� I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I l I I I I I I I I I -1 I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Ell I I I I I I I I D.L.DAVIDSON CONTRACTORS INC. 5/2/02 19728 SAUMS RD. PMB A 125 Additional Quotas HOUSTON, 7X 77084 OFF. (281 ) 646 - 0770 FAX: (281 ) 646 -7047 To: City of La Porte 604 W. Fairmont Pkwy. LaPorte, TX 77572-1115 Attn: Mr. Carlos Martinez Dear Mr. Martinez, listed below Is some additional Items that we were requested to give price quotes on for the City -Wide Sidewalk Replacement Project FY 2001. 2002 : Item No, Estimated Unit Quantity Description Unit Extension Price 1 unknown SF Remove I Replace Driveway 6.50 0.00 2 unknown EA Wheelchair Ramps wl Brick Pattern Finish 300.00 0.00 to tie in to existing street I no sawcut blockouts ) If you have any further questions please call me at (281) 610 - 0104. Sincerely, Daniel L Davidson Superintendent ' PAGE: 1 R E C E I V I N G R E F R T - SHIP TO: VENDOR: BAYSHORE SUN, THE DELIVER BY SHIP VIA F.O.B. 9/27/01 CONFIRM BY CONFIRM TO ANN MILLER FOR ADVERTISE GINGER SHAW FREIGHT CONTRACT NO. REQ. NO. -------------- LINE QUANTITY P.O. NO.: CO2006 DATE: 6/03/02 VENDOR NO. 20520 REQUISITIONED BY CE_PEGGY REQ. DATE 6/03/02 NO. RECEIVED UOM ITEM NO. AND DESCRIPTION UNIT COST ------------------------------------------------------------------------------ 65 .00 EA 270 010 94.3500 PRINTING/ADVERTISING ADVERTISING PL CITY-WIDE SIDEWALK PROJECT - NOTICE TO BIDDERS RECEIVED BY: LEE, PEGGY RECEIVED DATE: 6/03/02 *the Bayshore Sulfj 820 South Sth Street • La Porte, TX 77571 Phone 281-471-1234 • Fax 281471-5763 0 1100 138-000 7 REMIT TO: P EG G Y LEE 820 South 8th Street CITY OF LAPORTE PLANNING DEPT. LaPorte, Texas 77571 604 W. FAIRMONT PKWY. LA TORTE, TX 77571 Page 1 02128102 57 PLEASE RETURN TOP PORTION OF THIS STATEMENT WITH PAYMENT TERMS -NET 30 DAYS. ALL PAST DUE CHARGES SUBJECT TO SERVICE CHARGE 1'/,% PER MONTH. $1.00 MINIMUM Beginning Balance 02110-02110 01 THE STATE OF TEXAS COUNTYC5 02117-02117 01 NOTICE TO BIDDERS CLP Projec SrdewP4 kc 487,05 487 A5 12115 6.81 8755 Bb/{', 574J50 13.85 6.81 94_35 668.95 BALANCE FORWARD' - TOTAL PAYMENTS ' ADJUSTED RATE .' TOTAL NCHE ' " 487.05 0.00 26.70 668 55 Due ands Co ny. TeIn a The Bayshore Sun FteR(9 cDw,ty, Texas PAY AMOUNT N THIS BLOCK