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HomeMy WebLinkAbout2002-2003 CITY WIDE SIDEWALK REPAIR AND REPLACEMENT PROJECT_2002-4503L CITY OF LA PORTE PLANNING DEPARTMENT ,4 604 W. Fairmont Parkway, La Porte, TX 77571 .. m www.ri.la-oorte.tx.us Phone: (281)471-50201Fax (281)842-1868 LETTER OF SUBSTANTIAL COMPLETION August 21, 2003 Mr. Jess Brooks Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena,TX 77504 RE: 2003 La Porte City -Wide Sidewalk Improvement Project CLP #2002-4503 Dear Mr. Brooks: The above referenced project has been inspected to be substantially complete according to plans and specifications, and is hereby accepted by the City of La Porte for ownership and maintenance. The one (1) year warranty from defects in materials and workmanship shall be effective from today, the date of substantial completion. Sincerely, Robert Alden Cummings, Supervising Engineer cc: Reagan McPhail, Public Improvements Coordinator Cummings, Robert From: Kneupper, Douglas Sent: Wednesday, May 21, 2003 17:05 To: Cummings, Robert Subject: RE: Sidewalk project The extra large, jumbo sized ramp. Looked like something that needs to be along a highway or boulevard, looked out -of - place for residential street. But if we haven't gotten any complaints, maybe all is okay. Thanks-DK —Original Message — From: Cummings, Robert Sent: Wednesday, May 21, 2003 3:23 PM To: Kneupper, Douglas Subject: Sidewalk project I drove Cedannont in Fairmont Park West and inspected the ongoing sidewlak project. The only real anomoly I saw was in the locations where a Type C wheel chair ramps were to be placed. Wheel chair ramps were were constructed but the center isle that is suppose to exist between the legs of the WCR was also poured as part of the ramp. The end result is an extra large WCR. I don'tsee this as a problem though. We get a larger WCR for the same price. Their expansion board was installed in all places I looked and they were properly doweling into the existing concrete. They may be going a little skimpy on the rebar but I didn't have a tape with me at the time to verify. Their sand was in and they were backfilling to the edges. What was the complaint? l.U-61 f d ..;.,. City of La Porte Established 1892 April 22, 2003 Brooks Concrete, Inc. Attn: Jess Brooks 4018 Allen -Genoa Pasadena, TX 77504 RE: NOTICE TO PROCEED 2003 La Porte City -Wide Sidewalk Improvement Project CLP #2002-4503 Dear Mr. Brooks, You are hereby notified to proceed with the above referenced contract on or before April 28, 2003, and shall fully complete all of the work of said contract within 90 consecutive calendar days thereafter. The contract provides for an assessment of the sum of $500.00 as liquidated damages for each consecutive calendar day after the above established contract completion time that the work remains incomplete. Sincerely, Robert Alden Cum I.T. Planning Department cc: Doug Kneupper, Director of Planning Reagan McPhail, Public Improvements Coordinator correspondence file 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 Cummings, Robert From: Kneupper, Douglas Sent: Monday, April 21, 2003 10:24 To: Cummings, Robert Subject: RE: 2003 Sidewalk Project Need to go through our checklist to make sure all the bonds, insurance, etc. were executed properly or at least close. Then send over to Sara for CM signature. May want to send with them copy of the ordinance "authorizing CM to execute CHECKUST FOR _MEWING CONTRA. Contract with Brooks Concrete". -----Original Message ----- From: Cummings, Robert Sent: Monday, April 21, 2003 9:17 AM To: Kneupper, Douglas Subject: 2003 Sidewalk Project Having received the executed contracts from Brooks, do they go to the City Attorney or the City Secretary first? -RAC Cummings Robert From: Cummings, Robert Sent: Thursday, April 17, 2003 16:35 To: Kneupper, Douglas Subject: Sidewalk project FYI, the executed contracts from Brooks arrived today. I will schedule a pre -con for next week. -RAC Lee, Peggy From: Kneupper, Douglas Sent: Tuesday, March 25, 2003 9:34 AM To: Cummings, Robert Cc: Lee, Peggy; Dolby, Michael Subject: Sidewalk project Robert, Council awarded the project to Brooks for the full bid price of $60,855.50 although only $50,000 was budgeted. Go ahead and prepare the contracts for Brooks to fully execute with Bonds, insurance, etc. for the full $60,855.50 We will need to work with Finance to identify the additional $10,855.50 and then prepare a budget transfer or adjustment moving the additional funds into 015-9892-709-1100. Council was very passionate about providing all the ramps in this particular project for accessibility purposes. Thanks-DK 1 FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 24. 2003 Requested By: Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance Bid Tabulation Bidders List Map Showing Project Locations Appropriation Source of Funds: General CIP Fund 015 Account Number: 015-9892-709 Amount Budgeted: SSO-000-00 Amount Requested: "0,000 00 Budgeted Item: YES NO SUMMARY & RECOMMENDATION As part of the FY 2002-2003 Budget for Capital Improvement Projects, City Council approved $50,000.00 for the Sidewalk Replacement Program. The 2003 City -Wide Sidewalk Improvement Project consists of the removal and replacement of deteriorated sidewalks. In some areas, accessible ramps will be installed. Survey, design and engineering were performed on this project utilizing City personnel. Each year, staff estimates the bid quantities so that bid prices will be right at $50,000. On March 5, 2003, the City received competitive bids from 2 qualified contractors (see attached Bid Vation�Brooks Concrete, Inc. of Pasadena submitted the low bid in the amount of 55.50 primary reason the lowest bid came in over the budgeted amount is the number of accefsible ramps included in this year's project and the price bid for each ramp. This project identified 52 ramps to be constructed, which is roughly twice as many as previous projects. Staff proposes that approximately 27 of the ramps be eliminated which would bring this project within budget. The contract will be complete within 90 calendar days once the "Notice to Proceed" is issued. Brooks Concrete, Inc. has performed this work for the City in previous years and is considered well qualified to perform the work. Staff recommends that City Council authorize a construction contract with Brooks Concrete, Inc. in the amount of $50,000. This would include a reduction in the bid quantity for ramps. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Brooks Concrete, Inc. in the amount of $50,000 for annual sidewalk replacement. Cp t�QQGtrQccQzGt (Q01 g56-.50 Approved for City Council Agenda Brooks �000 I I MR75MA ORDINANCE NO. 2003- a AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC. FOR CONSTRUCTION OF 2003 CITY-WIDE SIDEWALK IMPROVEMENT PROJECT; APPROPRIATING $S0,000.00 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. 2003-p &kt 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, thijV�- day of Matd' , 2003 CITN,Y7 LA PORTE By: v Norman L. alone, Mayor ATTEST: —A"Adyff! Mauer ha Gillett, City Secretary i�APP O�VED�: Knox W. Askins, City Attorney CITY OF LA PORTE 2003 LA PORTE CITY-WIDE SIDEWALK REPLACEMENT PROJECT CLP PROJECT 2002-4503 BID OPENING MARCH 5, 2003 BID TABULATION BROOKS CONCRETE INC Y 90 $ 60,855.50 $ 62,425.50 EL DORADO PAVING COMPANY, INC. Y 90 $ 85,922.79 $ 86,314.79 CITY OF LA PORTE 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT #2002-4503 Advertising The Bayshore Sun — February 16, 2003 and February 23, 2003 La Porte Bayshore Chamber of Commerce LaPorte, TX 77571 Phone:281-471-1123 Fax: 281-471-1710 Moore & Moore Contractors P.O. Box 1517 La Porte, TX 77572-1517 Phone:281-471-0145 Fax: 281-471-0601 Invitation to Bid Faxed Follis Construction I I I N. Broadway LaPorte, TX 77571 Phone: 281-471-6881 Fax: 281-471-6038 FORCE Corp. P.O. Box 1079 La Porte, TX 77572-0853 Phone: 281-470-0550 Fax: 281-471-9627 Contractors that Picked up Plans & Specifications Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena, TX 77504 Phone:713-947-8440 Fax: 713-947-8444 Freedom Contracting 4523 Sage Circle Baytown, TX 77521 Phone:713-202-2161 Fax: 281-479-0779 Bin Construction, Inc. 1401 Todville Road Seabrook, TX 77586 Phone:713-473-5599 Fax: 713-473-5997 Lucas Construction Co., Inc. C.H.C. & Sons, Inc. 1320 South Highway 3 Suite A 2047 Jacquelyn Dr. League City, TX 77573 Houston, TX 77055 Phone:281-316-9990 Phone:713-683-9009 Fax: 281-316-6087 Fax: 713-683-0781 El Dorado Paving Co, Inc. 13321 Chrisman Houston, TX 77039 Phone: 281-449-0700 Fax: 281-449-0660 Vincent's Construction Co. Inc. 5313 Larkin Houston, TX 77007 Phone:713-863-1339 Fax: 713-863-1683 Douglas Construction 1700 Narcille Baytown, TX 77520 Phone:281-425-1822 Fax: 832-414-4129 Cummings, Robert From: Kneupper, Douglas Sent: Tuesday, March 25, 2003 9:34 To: Cummings, Robert Cc: Lee, Peggy; Dolby, Michael Subject: Sidewalk project Robert, Council awarded the project to Brooks for the full bid price of $60,855.50 although only $50,000 was budgeted. Go ahead and prepare the contracts for Brooks to fully execute with Bonds, insurance, etc. for the full $60,855.50 we will need to work with Finance to identify the additional $10,855.50 and then prepare a budget transfer or adjustment moving the additional funds into 015-9892-709-1100. Council was very passionate about providing all the ramps in this particular project for accessibility purposes. Thanks-DK 1 �.+ City of La forte Established 1892 TEXAS March 24, 2003 Mr. Jesse Brooks, President Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena.Texas 77504 RE: Notice of Award 2003 City -Wide Sidewalk Replacement Project 2002-4503 Dear Mr. Brooks, The City of La Porte has awarded the above referenced project to Brooks Concrete, Inc. per your submitted proposal. Enclosed, you w ill f ind five (5) complete s ets of t he contract d ocuments. F ully execute all five sets including the Performance Bond, Payment Bond, Agreement, and Certificate of Insurance naming the City of La Porte as additional insured. Then return all five sets to my office for the City's execution. Please ensure that the date entered on the Performance and Payment Bonds are the same date as shown on the Agreement. After the contract has been fully executed by all parties, the City will schedule a pre -construction meeting. A Notice to Proceed will be issued at that time. If you should have any questions or need additional information, please feel free to contact me. Sincerely, Robert Alden CuL� Planning Department cc: Doug K. Kneupper, P.E. — Director of Planning Reagan McPhail, Public Improvements Coordinator 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 1 CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT CLP PROJECT #2001-4501 Advertising The Bayshore Sun — February 17TH and February 24h, 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)9414887 Fax: (713)947-8444 Far: (281)479-4337 ` La Porte Bayshore Associated General Contractors Jesse Vega Constructiod Co. Chamber of Commerce 3825 Dacoma 2019 Pdsadena Blvd. La Porte, TX 17571 Houston, TX 77092 Pasadena, TX tt7501 Phone: (281) 471-1123 Phone: (713) 843-3700 Phone: (Ili) 4/3-15k Fax: (281)471-1710 Farr (713) 843-3701 Fax: (281)473-19U Follis Construction FORCE Corp. Moore & Moore Contractors I I I N. Broadway PO Box 1079 PO Box 1517 LaPorte, TX 77571 La Porte, TX 77572-0853 LaPorte, TX 77572-1517 Phone: (281) 471-6881 Phone: (281) 470-0550 Phone: (281)471-0145 Fax: (281)471-6038 Fax: (281)471-9627 Fax: (281)471-0601 Purtis Construction Curb Planet, Inc. Ideal Construction Services 14710 Park Alameda 1050-2 Edgebrook PO Box 2915 Houston,.TX 77047 Houston, TX 77034 Sugarland, TX 77487 Phone: (281) 433-1012 Phone: (713) 944-9119 Phone: (281) 470-0531 Fax: (281)433-1018 Far: (713) 944-1006 Fax: (281)470-0539 C &DConstructors Southern Customs D.L. Davison PQBOX 23264 9219 Katy Fwy. 19728 Saums Rd. Hwrston Tx 77028 Houston, TX 77024 Houston, Tx 77084 281-442-2468 Phone: (713)682-8807 281-646-0770 2&1-44Z 2415 Far: (281)471-1710 281-W-7047 Soudwm Customs 9219, K* Fwy. . Hou TX 77024 Phone: (713) 682-88Q7 Far: (281)471-1710 Cu%aPlaoet, Inc. 1050t- snook :. Hmrswar-IX. 77,034 Phew (m)-q} 44-9119 Fax: F7I3)944-1006 Contractors that Picked up Plans & Specifications D.L. Davison 19728 Saums Rd Houston, Tx. 77084 281.646-0770 281-646-7047 Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena, Tx 77504 Phone: (713) 947-8440 Far: (713) 947-8444 Bill McDonald Construction, Inc. 702 Underwood Road Deer Park, Tx 77536 Phone: (281)479-3630 Far: (281)479-4337 John Cobb Home Improvement 117 Jeffc1 on St LaPorte, I exas Phone (281)471-8691 .. Fax (281)960-2942 PERFORMANCE BOND Bond No. 22504338 THE STATE OF TEXAS COUNTY OF HARRIS Effective: March 24, 2003 KNOW ALL MEN BY THESE PRESENTS: That we, Brooks Concrete Inc.. of Pasadena, Texas, Hams County, hereinafter called Principal, and Western Surety Company of Sioux Falls, South Dakota hereinafter called Surety, are held and firmly bound unto the City of La Portt6, Texas hereinafter called Owner and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Dollars ($60,855.00) in the lawful money of the United States, to be in Harris County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS such that WHEREAS the Principal entered into a certain contract with The City of La Porte, the Owner, dated the 24th day of March, 2003. a copy of which is hereto attached and made a part hereof for the construction of Citywide Sidewalk Replacement Project. NOW THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreement of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of the one year guaranty required under such contract, and if he shall satisfy, all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of or modification thereof, then his obligation shall be void otherwise to remain in full force and effect. n Bond No. 22504338 Effective: March 24, 2003-04 PROVIDED FURTHER: That is any legal action to be filed upon this bond, venue shall lie in Harris County, Texas. And that the Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER: That no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in seven counterparts, each one of which shall be deemed an original, this the 24th day of March 2003. (Seal) ATTEST: SECRETARY WITNESS TITLE: r TITLE: Owner, Brooks Concrete Inc. ADDRESS: 4018 Allen Genoa Pasadena, TX 77504 TITLE: Attorney In Fact ADDRESS: 4909 W. Pasadena Blvd. Deer Park, TX 77536 NOTE: DATE OF BOND MUST BE THE SAME AS DATE OF CONTRACT ATTACH POWER OF ATTORNEY OF PARTY EXECUTING THIS BOND FOR THE SURETY- A BOND NO.22504338 STATUTORY PAYMENT BOND PURSUANT TO ARTICE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSIONS,1959 KNOW ALL MEN BY 'THESE PRESENTS, That Brooks Concrete Inc., of Pasadena, Texas Hereinafter called the Principal(s), as Principal(s), and Western Surety Company of Sioux Falls, South Dakota, Hereinafter called the Surety, are held and firmly bound unto the City of LaPorte, Hereinafter called the Obligee, in the amount of ($60,855.00 Dollars) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 24th day of March, 2003 to complete the CLP Project 2003 City -Wide Sidewalk Replacement Project 2002-4503 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in fall force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Sessions, 1959, and all liabilities of this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copies at length herein. IN WITNESS WHEREOF, the said-Principal(s) and -Surety have signed and sealed this instrument this 24th day of March, 2003. IPAL Jess W. Brooks Iota: e ' ..e U:: �: e:1' ha:y Yf )e:9e H• . DMAN0. 22504338 Sauw AO M= BV Tbam hunt , d m WliBTOibl BtMM DWAbM a ootpmet[aa dab apzMW ad uzJsft mew Wv wndahaOaaadOoat'De mlaWbad� WF B"adbla85�lti1bimtbD�lotaDaa'amp�y/dorl/mupnrw -a e, meelibb ad aa•ald mtem ande4th d9 pnwmdI ",he=*meA l omain.admwbdpaidd0wbrdm w bewrm fif ' ll bead• br. Pdoaip Ll Brooks Concrete, Inc. Obbpw City of LaPorte Amamt $60,855.00 mid to dead des Co Vim Pe.laor, emled wAb As mpRia d 1 the Ommm bed dob xftdW bf Us lleaaom busby mdAw and d w Me mid .ab.eq¢jiebet mq do wdltie ab Aon matel GmIlMl•va 813A appdemeOL in eeaAe °veer tab ¢ tetbesdi d u. bad bybw d WeebmOaedy (Z:paq vide'vemdw b RID Oam and °Heel 89adm f. AO beetle, poNdu mdwukfn ► Aeere Of Aeteeaay a ether ditm emi d the empumbe Ael be emevaed b An aeeyaeb sae d 4e C�eq by" Pndiab Amb"A To m am Vb pmedded r wb oaba °ammo a a s a wd of Dovaom Mw aemalr. The am lilw ewmw , aw Awletmt 14 , - , w ibe Tteawaeee ow appeiart Aamafe aria m menu Ift a►atl Law aalodg to ieeaor miduadbie b Cleo matte of fb Cmeta�r 4brempamerwFb mtaeoamaQisrAa aediddfy daaTbade patlWa Yotevea of Anum m ad w abblbritbemparetlm. Theiietaedeaieeehed8aedthaeepmeaeand mgtopabs d kr &=WdhL m 6 es Ned mkaW M* mda�mtw wed bdm & dakla d tudo � abdl am—^ 200A fa.e�wWhn Wotm ado dmd�fLia�deyd oo'ebWd� W;gp}tleevia Pamidre 8bo'm!. O WSBTBH 8 BBTY COM NY Y�ta,f/?0#4�i^ $ 4 &C Av *BbphnT. Pdµ Elmo" Vlw AaaMeat Ca thee dW d in t'vyvr befam me, a vetap p*Ar, paaaeaalb appealed &Rpm T. Pam, who bet g No we dab was. m'aewWad tba be aped abe dfen Ae m of Attsevay as Ov ebeeeedf elm of WM"M URM CWANlRed aumovfadpd mid baebmam to be go admeeryue and dmdd davpavyw. 0.1aELL j npbef choir Pitle-Eoefh Dela bb cmmibaloa BpYr Mewebrfo, ]Odd I the aodmfbod 40ae01 Weetma Oaeq Gbaparp a °tat oepaedoo at OM OM d8oafb 17abaot, dv brdq monde Chu as eeaeetted Po dAaemey is IN, bO fbm d esa and to meemtlJa, uet flathemme, ttat ffeabo 7 vfibe W2M dtbe ( =so Y mot'tile In (be Fbaer dAtmmv in mow a &M, li lidimm' e4es F 1 ben dsmm. at my hmd and d dWedem Bmeb a mpW 1'b dm d ' r f Iba n6mibept WESTEV BIJBITY COM NY Kophen T. Aa4 Rfomdb a Vfaa Padded State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 22504338. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form M" BROOKS _ .'CR i INC. WI(D 90. 22504338 N>stdi 24, 2003 NOTICE In accordance with the Terrorism Risklnsurance Actn£2002,waare.providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies'? as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of heading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). �. • . _la _ • y 1 :: ; � M •' : • ► 1\ ' . /T1�1�Md•}a11Y�lI}�1)IT��1�� M00 The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. F= F7310 t1 Y EE� ij REMITTEF BROOK! THIS DOCUMENT HASAMICRO -PRINT SIGNATURE LME WATERMARK AND ATHERMOOHROMIC ICON. ABSENCE OF THESE FEATURES WILL INDICATE AGORV I Nm First Community 020938 ,rBank ,. M. P.D. BOX 752289 xr 88-177611131 CONCRETE Houston, Texas 77275-2289 (281) 996-1000 PAY TO THE ORDER OF CITY OF LAPORTE EXACTLYEJ39500DOL OOCTS NOTICE TO CUSTOMERS E Cashier's Check The purchase of an indemnity or Surety Bond Mir be required before this check will be replaced or refunded in the event it is lost, misplaced or stolen. I„ -',BID BOND _4 1190 209380 1: 113 L i 77671: It•900000 ill• --March 05, 2003 $ *31500.00* DOLLARS BID BOND Farmington Casualty Company One lower Square 3PB, Ila rtford, CT 06183 KNOW ALL MEN BY THESE PRESENTS, That we, EL DORADO PAVING CO., INC., as Principal, hereinafter called the Principal, and Farmington Casualty Company, of One Tower Square 3PB, Hartford, CT 06183, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of LaPorte TX, as Obligee, hereinafter called the Obligee, in the suns of Five Percent of the Greatest Amount Bid Dollars ($5% GAB), for the payment of which suns 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 2003 LaPorte City -Wide Sidewalk Improvement Project. CLP Project No. 2002-4503. 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 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 28th day of February, 2003. (,CJ EL DORADO PAVING CO., INC. Witness ncipal now- i W_�W FARMINGTON CASUALTY COMPANY By. a�� Robert M. Overbey, Jr., Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-1869-G (08.99) TRAVELEI, .SUALTY AND SURETY COMPANY OF Al ICA TRAN/ eLERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06I83-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations Judy organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") path made, constituted and appointed, and do by these presents make, constitute and appoint: Molly Reagan Salazar, Robert M. Overbey, Jr, of Houston, Texas, their true and lawful Attomey(s)-in-Fact, with7ull power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrament(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chaimtan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the once of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recoguzance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, 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 power executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (I 1.00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this I Ith day of June 2001. STATE OF CONNECTICUf iSS. Hartford COUNTY OF HARTFORD ,�tr '�'+O NSU.� 4'J �L, �? LL a� : �6� >i wmraa.. � t, t T o +a`t '��s ry � �.� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this I lth day of June, 2001 before me personally came GEORGE W. THOMPSON to me !mown, who, being by me duly swum, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. Fi Ca>eQ 0— My cormnis, b e)qires December 31, 2002 Notary Pubic Carol A Thompson CERTIFICATE 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this o2??� day of ri'btvai,1 1 2003. �,'`'Y µo•G, 0? �V4�L nD. :O� i 19l3 O cow � D l 3 � +ab! . '+�, bey • �� KoriM.Johanson Assistant Secretary, Bond Travelers' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267)675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 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 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. PRECONSTRUCTION CONFERENCE Project: Z003 5'?5W41-K Owner: C LTY OF 41 09,oRT6 Planning Dept Job No: 2oo7 —AiXO3 Contractor: 6A01<5' 4CoNC1R6TE Date: 2Z p3 Time: 3:30 P Location: CZjrj� //Xd-Z- Attendees: See attached Attendance Roster 1. City of LaPorte Inspector:R4JX4/1/ IV Mobile:2V1—?,i2'7Dz/6 Office: 2&-17/—SOzo City of La Porte Public Works Representative: Office: Engineering Department Representative: 2. Contractor Organization Project Manager: 7 4RRY S�jY,04X'✓ Office:7/3-9`/'j�8y Pager: Mobile: 7,0h72g-8D Supervisor On-Site:1VFD_VYf 24 hr. Emergency Phone: -0 97— 77 9 — S09 9 Pager: / Mobile: 3. Engineer of Record: —Yo Za Fax: 4. Laboratory: Contact: iPEC, /i'S6 �.9G'f'SDiY Phone: 713 — Z o y:2 5. Progress Payment Request Cut -Off Date: S(//2`T�fJof'T/�ly/30� Payment Date: prN REG l/6D 6. Construction Submittals: -use of submittal form -timely submission -Construction Schedule 7. Site meetings: As needed 3 9. Utility Coordination: Operator: Phone: Operator: 9. Change Orders — Requires Owner's Approval: Notify ASAP 10. Record Documents: -Utility Projects: Provide molar As-Builts to the City of La Porte -Paving Projects: -O&M Manuals: 11. Maintenance of Traffic Flow: Conform to Chanter Six of Texas MUTCD 12. Community Relations: Keep streets clean, minimize dust, Practice good silt control 13. Environmental requirements/concems -NOI Required -S WPPP Required 14. Contractors Staging Area: On -Site 15. Excess Spoil: 16. Move -in Date/NTP: Construction Drawings Technical Specifica 'ons: Date: 23 O 17. 18. Miscellaneous: 03 Number of copies: Number of copies: f 2 G T20i►/S ORDINANCE NO. 2003-17 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC. FOR CONSTRUCTION OF 2003 CITY-WIDE SIDEWALK IMPROVEMENT PROJECT; APPROPRIATING $60,855.50 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 $60,855.50 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. 2003- /7 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 24, 2003 CIT F LA PORTE By: N man L. Malone, Mayor ATTEST: Martha Gillett, City Secretary APPROVED !I Knox W. Askins, City Attorney 7 7 J 7 4 I i r I I r. rr J I BID PROPOSAL FOR UNIT PRICE CONTRACT CLP PROJECT No. 2002-4503 Proposal of , od-4- (&,-&r� -rt1,1- (hereinafter called "Bidder") a corporation, organized and existing under the laws of the State of Texas, a partnership, or an individual doing business as l _ OR/Z 1-?-M 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 2003 La Porte City - Wide Sidewalk Improvement Project per plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site(s) 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 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 45 consecutive calendar days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: BP-1 Date: 2� /i- D 3 I i BASE BID PROPOSAL BASE P ROPOSAL: B idder a grees t o p erform a II o f t he w ork shown o n t he p further describeq in jhe Wppificayons fort ksum of / _ ZI;I V 74A4 f-//L/d�/G!JIT�L�/i1Gi.vI��/I//uCi��.•�„�i.�i���cnia .. .. i I I I GI J I I I Wl nd case Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of z i "n' dollars ($J R&lLf ) 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. (SEAL) Respectfully submitted BY: a re of Authorized Person) rint Mime of Aut ize erson s (Title) (Business Address) r -- ( ,ty) (State) (Zip Code) (Telephone Number) BP-2 i i STATEMENT OF MATERIALS AND OTHER CHARGES i MATERIALS INCORPORATED INTO THE PROJECT: $ ALL OTHER CHARGES: $_ TOTAL: $����� 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. I N �I _J N 0 N J i I BP-3 i N J I r J BID PROPOSAL FOR UNIT PRICE CONTRACT BID SCHMI ILE CLP Project No. 2002-4503 2003 La Porte City -Wide Sidewalk Replacement Project Q DATE: — () Bid of lI7LYJ [ i I &Ue%P Sit/ an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership consisting of I for Construction of 2003 La Porte City -Wide Sidewalk Improvement Project, for the City of La Porte, Harris County, Texas. To: City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: John Joems, Acting City Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide a II necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price Move -in and start up including performance and payment bonds for 100 percent (100%) of the contract amount IVJMM,Wrn AVI�Zln.� Per Lump Sum SIDEWALK REPLACEMENT 2. Concrete sidewalk placement: four foot wide, four inches thick, poured with 3000 psi concrete (min). Complete in place. Per Linear Foot BP-4 L.S LF 1917 LI Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price 3. Removal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal min er LF 2725.1 Per Linear Foot 4. Concrete wheelchair ramps. In accordance with details and complete in place. i F /mil //Mjj�41 �l/,✓ C EA 52 Per Each 5. Adjustment of existing gate valves. iCom fete in place. rl /( e �c�2��irP,- ors EA Per Each 6. Saw cut in concrete as needed to undertake construction of Item No. 2.BComplete in Place. e ;f �lle/ t 10 LF 440 Per Linear Foot ALTERNATE BID TEMS A-1. Extra bank sand (ordered by City). Complete in place. Per Ton A-2. Extra sod (by City). Complete in place. FT2�yt/ 0/ Per Square Yard BP-5 TON 2 SY 100 $ $z $ $560 $ % $ / 760 is TOTAL BASE BID TOTAL BASE BID PLUS ALTERNATE $ r � The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 1. (Add) (Deduct) $ 2.��� r(Add) ( prior.) $ It is understood and agreed that the work shall be complete in full within forty-five (45) calendar days after the date on which work is to be commenced as established by the Contract Documents. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. I J J I I A I I I I In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as �- correct and final Date—,?-, Signprj Witnes SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. / 1 Date Received I I 1 (Comp�ny) By 10 Q_ tle) lLB �.f LrQ(,aeZ - rWi (Address) '--000-- BP-7 ��� qz 7 x�L (Telephone Number) 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: 40L 1 i/ ' t Z:'.f/L. Address: 4rlm? k &4;?1VJ)p Authorized Signature: Printed Name: BID PROPOSAL FOR UNIT PRICE CONTRACT CLP PROJECT No. 2002-4503 Pro of EL DORADO PAVING CO-, INC. (hereinafter called "Bidder") a cor oral' organized and existing N�Ar the laws of the State of Texas, the City of La Porte, in ividual doing business as Texas (hereinafter called "Owner"). ILadies and Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of 2003 La Porte City - The Wide Sidewalk Improvement Project pet.plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site(s) of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the supplies Ilconlity of structnthe rprls and oject. in accordancepwthses to furnish the contract ' all labor, materials and documents, within the time set forth therein, and at the prices stated in -the attached Bid as are to cover all expenses incurred in performing the work required under Schedule. These pric 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 45 consecutivecalendar days thereafter stipulated in the specifications. Bidder further agrees to payliquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: N1 Date: 2 / 27 /0 3- I I I BP-1 f 11 1 1 11 11 1 I I r r I BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of Eighty-five thousand nine hundred twenty-two dollars.and seventy-nine cents both words and figures. In case discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of Eighty-five thousand nine hundred twenty-two dollars ($ R,g�? _7g ) 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. (SEAL) Karen Patterson (Print Name of Autorize erson President 13221 Chrisman (Business Address) Houston, Texas 77039 (City) (State) (Zip Code) 281-449-0700 (Telephone Number) BP-2 n �J I L 11 I i STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $-15,455.00 ALL OTHER CHARGES: $ 70,467.79. TOTAL: $ :8.9,9.22.79 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 FOR UNIT PRICE CONTRACT BID SCHEDULE CLIP Project No. 2002-4503 2003 La Porte City -Wide Sidewalk Replacement Project DATE: 14ar.ch. 5, 2003 Bid of EL DORADO PAVING CO. ,INCan individual proprietorship, GEoration rganized and existing under laws of the State of Texas, a partnership consisting of for Construction of 2003 La Porte City -Wide Sidewalk Improvement Project, for the City of La Porte, Harris County, Texas. To: City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: John Joems, Acting City Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General ' Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide a ll necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below Item No. Description of Item with Unit Bid Price in Written Words Unit Approx. Quantity Unit Amount Total Price Move -in and start up Including performance and payment bonds for 100 percent (100%) of the contract amount ' Five thousand dollars and no/100 L.S. 1 $ 5,000.00 $ 5,000.00 IPer Lump Sum SIDEWALK REPLACEMENT I2. Concrete sidewalk placement: four foot wide, four inches thick, poured with 3000 psi concrete (min). Complete in place. I � cents Fourteen dollars and c; xty I LF 1917 $ 14.60 $ 27,988.20 Per Linear Foot FM Item Description of Item with Unit Bid Price No. in Written Words Approx. Unit Total Unit Quantity Amount Price 3. Removal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner @ Eight dollars and thirty-five cents LF 2725.1 $ 8.35 $ 22,754.59 Per Linear Foot 4. Concrete wheelchair ramps. In accordance with details and complete in place. Five hundred fifty dollars and no cents EA 52 Per Each 5. Adjustment of existing gate valves. Complete in place. @ Twenty-six dollars and no cents EA 10 Per Each 6. Saw cut in concrete as needed to undertake construction of Item No. 2. Complete in Place. @ Three dollars and no cents LF 440 Per Linear Foot ALTERNATE BID TEMS A-1. Extra bank sand (ordered by City). Complete in place. @ Twenty-one dollars and no cents TON 2 Per Ton A-2. Extra sod (by City). Complete in place. @ Three dollars. and fifty cents SY 100 Per Square Yard $ 550.00 $ 28,600.00 $ 26.00 $ 260.00 $ 3.00 $ 1,320.00 re $ 21.00 s.42 00 $ 3.50 $ 350.00 TOTAL BASE BID $ 85,922 79_ w I186,314.79 TOTAL BASE BID PLUS ALTERNATE $ ---- -- —P - ■ The amounts set forth above are current estimates by Contractor of the amounts that will be determined during ' the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. ' SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 1. (Add) (Deduct) $ 2. (Add) (De(Iuct) $ OF� It is understood and agreed that the work shall be complete in full within forty-five (45) calendar days after th date on which work is to be commenced as established by the Contract Documents. It is agreed that the contract price may be increased or decreased to:cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Altemates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned -should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. I I I I BP-6 In the event of Award of the Contract to the undersigned. the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been careful) c ecked and are submitted as correct and final Date March. 5, 200.3. (Company) El Dorado Paving Co., Inc. qUt� WtC..f Witness SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: 1 Addendum No. Date Received 2/27/03 By Karen Patterson, President (Title) 13221 Chrisman Houston, Texas 77039 (Address) 281-449-0700 (Telephone Number) --000-- BP-7 CITY OF LA PORTE i 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. Xx 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) EL DORADO PAYING CO., INC. Business Name: 13221 Chxisman Address: LJ I I I L�l Authorized Printed Name: Karen Patterson IM I �L�sgzz,79 -7.�-s14 PICK-UP LIST FOR PLANS AND SPECIFICATIONS City of La Porte Project Name: 2003 La Porte City -Wide Sidewalk Improvement Project City of La Porte Project Number: 2002-4503 Pre -Bid Date: February 26, 2003 Bid Opening Date: March 6, 2003 LUCAS CONSTRUCTION CO., INC. 1320 S. Hwy. 3, Suite A • League City, TX 7,7573 (281) 316.9990 • Fox (281) 316-6087 Willis Lucas Ryan Lucas (281) 932-7853 (281) 932-8971 Freedom Contracting Kenneth C. Palmer E401 Georgia Ave Off: 4628 Sage Circle Beer Park, Texas 77686 Baytown, Texas 77621 (Cell) 713-202-2161 FreedomaontftoLaom (Alternate) 281479-2207 (Fax) 281479-0779 Bast CWOJ 2 ,y: (281) 449-0700 � CMinoi cSfiuduui av (ear) 449-o660 Ef 5�o¢ado _(jDavin9 Com#any, _qne. r-11 13221 Cg,isn �4ou�foa, 9"-- 77039 .C�eue�i apis%iae.e +•. Viet J�usidtnl dl' tde: (713) 724-4059 Lawn Sprinkler Systems • Landscaping Installation •Service •Maintenance %, Commercial • Residential C.H.C. & SONS, INC. 6 009 _ CRUZ eW RNANDEZ Li e # 3724 2047 Jacquelyn Dr. License # 3737 Houston, Texas 77055 Fax: (713) 683-0781 �n c Wu el IIY/( q (7 / 8 /1w G2 U W. 77TOr y1 7 -g(/ 7/ L1/7- gild /E ) �0 L s d SD 2w& r.- t, ow/✓ e_,r 7�s av �3z- PICK-UP LIST FOR PLANS AND SPECIFICATIONS City of La Porte Project Name: 2003 La Porte City -Wide Sidewalk Improvement Project City of La Porte Project Number: 2002-4503 Pre -Bid Date: February 26, 2003 Bid Opening Date: March 6, 2003 IMINC MeiLnb AtlMoe 1401 Todville Road Seabrook. TX 77596 myww Aaa ' 8701 IR Park Place Blvd. Houston. TX 77017 Mike Evans Manager of Operations 713473-5599 FAX:713-473-5997 CONSTRUCTION CO.. INC. J Commercial & Residential Concrete [Pork 713-863-1.339 Office 713-863-i633 Fax vincentl! va,III 281-802-i701 Mobile 531::',l,arkii- 1301 Nextel Houston, TX 77007 CITY OF LA PORTE 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT PROJECT #2002-4503 ADDENDUM #1 February 27, 2003 TO ALL BIDDERS OF RECORD: The following changes, additions, and alterations or omissions to the contract documents shall be made. Insofar as they are inconsistent with original specifications, they shall take precedence and govern. Item 1: Reference "Bid Proposal For Unit Price Contract' Modify Time to Completion 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 90 consecutive calendar days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-6 of the Supplementary Conditions of the Agreement. L46�.-Z,7-03 Doug euppe , .E. Director of Planning � PICK-UP LIST FOR PLANS AND SPECIFICATIONS City of La Porte Project Name: 2003 La Porte City -Wide Sidewalk Improvement Proiect City of La Porte Project Number: 2002-4503 Pre -Bid Date: February 26, 2003 Bid Opening Date: March 6, 2003 LUCr CONSTRUCTION CO., INC. 1320 S. Hwy. 3, Suite A • League City, TX 7 573 (281) 316-9990 • Fax (281) 316 608 Willis Lucas Ryan Lucas (281) 932-7853 (281) 932-8971 's Freedom COnVacting }} .� If C. Palmer I %`` 2401 Ccorgla :\ve pccr Pa[k,Tciaa 77636 orr: 4523 Sage Cirolc Tcsns 77621 (Cell)7L1S-202-21fi1 6ayto •v n. 281-179-2201 Freedomcont`JaaLcom (Fax) ( I �%,pSatt}�nuirsy �e<,t;�i<d Bo« (INoc4 Jay: (2s,) 449-0700 �M;not zhuctur<s '7ux: (2br) 499_0660 'E[L�o¢adci (Paving (70m/iany, �nc. .�` 13221 eALi ,en GiousFun. �7uur 77039 M-k �ie< �xe�ideat dq.g v (713) 724-4059 Lawn Sprinkler Systems • Landscaping Installation •Service • Maintenance Commercial • Residential C.H.C. & SONS, INC. fRUZ�"1713)6 - 009 RNANG(EZ Li r e # 3724 2047 Jacquelyn br. License # 3737 Houston, Texas 77055 Fax: 1713) 683-07 1 AV 1t0/9 llw Cev, lgj�lbxld 77 D e9 e(, rGL e, n /�7 '((��O LC/ /✓ e �3z - V - a 2S/— yZo — 2-7 / 7 PICK-UP LIST FOR PLANS AND SPECIFICATIONS City of La Porte Project Name: 2003 La Porte City -Wide Sidewalk Improvement City of La Porte Project Number: 2002-4503 Pre -Bid Date: Bid Opening Date: I- a >itu1 ION INC Mama AO : 1401 odville Road Seab2k. TX 77586 ltyucal AM.: 8701 V2 Park Place Blvd. Houston, TX 77017 February 26, 2003 March Mike Evans Manager of Operations 713-473- 99 FAX:713473-5997 L A u 3 Pre -Bid Minutes for 2003 Sidewalk Project 1. Group work. Do not jump around the city. Finish with a subdivision before moving on to the next subdivision. 2. Target slump in concrete is 4 inches. 3. Submittals will be required per the specifications in the bid book. We will reserve the right to do cores but will wind up only doing cores if there is a question about the integrity or quality of the concrete. 4. The wheel chair ramps will need a brick stamp although there is no spec on the brick stamp. The sidewalk is NOT required to have a brick stamp. 5. The proposed sidewalk is not to be colored. Match existing sidewalks. �,� � Y i, /� I .. �y�� �. No. 4503 The major` portion of the' project consists of remov- ing and replacement of ap- proximately 1917 Linear feet of four foot wide con--- crete sidewalk and the re- moval and replacementof fifty-two wheelchair ramps. Removed concrete' to be- -come the property of the.. I contractor. CITY OF LA PORTE PLANNING* DEPARTMENT 604 WEST FAIRMONT PARKWAY LA PORTE, TEXAS 77571 . . There is no cost for these plans. Said documents may be examined without charge of obligation in the • _ �, ( " Planning ' Department at The project Js_ located is City Hall. southeast Hams'County in the City of La Pone'Harris -- ' County Key Map No. 539- There will be a pre -bid . R, W, X. No..578 C, D. conference in - the La and Nd: 580 P. -- _- Pone; Council Chambers 604 West Fairmont Park- - way, La Porte, Texas Each bid must be accom-. 77571 at 2:00 p.m. Wed - I panted by a . cashier's nesday, . _ February 26, check, certified check' or 2003. Attendance Is not bid - bond from a surety mandatory. - [,company . licensed,, ln, the _ .. State ot'Tdxes'for the sum t ' •' -off'&Eiess_0tan_fwe_per a The_Owner-. reserves` tee !.cent (5%) of the amount of -! right to reject any or all the maximum total bid as a bids and waive any or all guarantee that the suc ,., Irregularities In bidding. In cessful bidder will enter in -.-case of ambiguity or lack to a Contract and execute of clearness In staling the the Bond(s) if required," prices in the bid,- the Own - within ten (10) days after er .reserves' the' right to the receipt of the Contract. consider the most advan- Documents. Cashier's tageous _ construction check must be made pay-- ;thereof or to reject the bid. 'able to the -Cf y of La :,No bid may be withdrawn Pone'! - �' 'until the „expiration of 60 days .from` -the date bids are open. . The City of. La -Porte here- by notifies all bidders that t In. regard to any Agree- .' City of L&Pone ment entered into pursuant to this advertisement, mi- Martha Gillett . nodty business enterprises -City Secretary will be a0orded aqua) op- . portunities to submit bidsin response ! nis invita-/� � SO 3 da o n l not be discri- zooz . (minted against. on".the grounds of race, color, sex, age, religion or n- tionl-origin in considers- donforan award. Plans, specifications, _ and. ` bidding documents may be obtained from: R Publication of Bid Notices Please complete the following information and obtain approval from the Director of Plan prior to submitting Bid Notices to the Bayshore Sun and/or Houston Chronicle foc publication. Publication Dates: Project Name: Project Number - Bid Opening Date: -d-IA)ICt /4 ► 1CF zx3 4✓¢Poen5 crrK-v12D5- wxxoPROt/��t1E,t? PROJECT 2v02 —i1S6,3 r Submitted for publication by: 0,6 A 7—,¢ Date: Z /S/ 3 Approved for publication by: Date: 2 -4�' O 3 Sealed bids in duplicate addressed to Martha Gillett, City Secretary, will be received in the La Porte City Hall City Secretary's Office, 604 west Fairmont Parkway, La Porte, Texas 77571, until 2:00 p.m., Wednesday March 5, 2003 and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of: 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT No. 2002-4503 The major portion of the project consists of removing and replacing of approximately 1917 Linear feet of four foot wide concrete sidewalk and the removal and replacement of fifty-two wheelchair ramps. Removed concrete to become the property of the contractor. The project is located in southeast Harris County in the City of La Porte. Harris County Key Map No. 539- R, W, X, No. 578 C, D, and No. 580 P. Each bid must be accompanied by a cashier's check, certified check or bid bond from a surety company licensed in the State of Texas for the sum of not less than five percent (5%) of the amount of the maximum total 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. Cashier's check must be made payable to the City of La Porte. 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. Plans, specifications, and bidding documents may be obtained from: CITY OF LA PORTE PLANNING DEPARTMENT 604 WEST FAIRMONT PARKWAY LA PORTE, TEXAS 77571 There is no cost for these plans. Said documents may be examined without charge or obligation in the Planning Department at City Hall. There will be a pre -bid conference in the La Porte Council Chambers 604 West Fairmont Parkway, La Porte, Texas 77571 at 2:00 p.m., Wednesday February 26, 2003. Attendance is not mandatory. The Owner reserves the right to reject any or all bids and waive any or all irregularities 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. No bid may be withdrawn until the expiration of 60 days from the date bids are open. City of La Porte Martha Gillett City Secretary A-1 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CITY OF LA PORTE, TEXAS HARRIS COUNTY, TEXAS JANUARY 2003 CLP Project No. 2002-4503 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT FOR CITY OF LA PORTE, TEXAS IN HARRIS COUNTY, TEXAS TABLE OF CONTENTS BIDDING REQUIREMENTS Page No. Invitationto Bid................................................................................... Scopeof Work.................................................................................... Instruction to Bidders........................................................................... Sidewalk Locations.............................................................................. Bid Proposal For Unit Price Contract................................................................. BaseBid Proposal............................................................................... Statement of Materials and Other Charges ............................................... Bid Proposal For Unit Price Contract (Bid Schedule) ......................................... Certification By Bidder......................................................................................... CONDITIONS OF THE CONTRACT Standard Form of Agreement............................................................................. PerformanceBond.............................................................................. PaymentBond.................................................................................... General Conditions of the Contract..................................................................... SpecialConditions.............................................................................................. Supplementary Condition to the Agreement .............................................. CONSTRUCTION SPECIFICATIONS Summaryof Work.......................................................................................... Submittals...................................................................................................... Shop Drawings, Products Data and Samples ............................................... Testing Laboratory Services.......................................................................... Field Project Representatives Services........................................................ Temporary Facilities and Controls................................................................. Cleaningand Adjusting.................................................................................. Project Record Documents............................................................................ A-1 A-2 A-3 A-7 BP-1 BP-2 BP-3 BP-4 BP-8 SF-1 PP-1 PP-3 00700-1 SC-1 SC-4 01010-1 01300-1 01340-1 01410-1 01420-1 01500-1 01710-1 01720-1 TECHNICAL SPECIFICATIONS Removing Existing Concrete Sidewalk................................................................. 1-1 Four Foot Concrete Sidewalk Replacement........................................................ 2-1 Concrete Construction for Structure..................................................................... 3-1 Undermined Sidewalk Point Repairs.................................................................... 4-1 Adjustment of Meter Boxes, Valve Boxes, and Manhole Rings and Covers....... 5-1 Concrete Driveway Replacement......................................................................... 6-1 BankSand............................................................................................................ 7-1 Sodding................................................................................................................. 8-1 Cement -Sand Backfill........................................................................................... 9-1 Sealed bids in duplicate addressed to Martha Gillett, City Secretary, will be received in the La Porte City Hall City Secretary's Office, 604 west Fairmont Parkway, La Porte, Texas 77571, until 2:00 p.m., Wednesday March 5, 2003 and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of: 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT No. 2002-4503 The major portion of the project consists of removing and replacing of approximately 1917 Linear feet of four foot wide concrete sidewalk and the removal and replacement of fifty-two wheelchair ramps. Removed concrete to become the property of the contractor. The project is located in southeast Harris County in the City of La Porte. Harris County Key Map No. 539- R, W. X, No. 578 C, D, and No. 580 P. Each bid must be accompanied by a cashier's check, certified check or bid bond from a surety company licensed in the State of Texas for the sum of not less than five percent (5%) of the amount of the maximum total 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. Cashier's check must be made payable to the City of La Porte. 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. Plans, specifications, and bidding documents may be obtained from CITY OF LA PORTE PLANNING DEPARTMENT 604 WEST FAIRMONT PARKWAY LA PORTE, TEXAS 77571 There is no cost for these plans. Said documents may be examined without charge or obligation in the Planning Department at City Hall. There will be a pre -bid conference in the La Porte Council Chambers 604 West Fairmont Parkway, La Porte, Texas 77571 at 2:00 p.m., Wednesday February 26, 2003. Attendance is not mandatory. The Owner reserves the right to reject any or all bids and waive any or all irregularities 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. No bid may be withdrawn until the expiration of 60 days from the date bids are open. City of La Porte Martha Gillett City Secretary A-1 SCOPE OF WORK CLP Project No. 2002-4503 2003 La Porte City -Wide Sidewalk Improvement Project Project consists of the removal of existing sidewalks and replacement being with sidewalk or wheelchair ramps. Wheelchair ramps shall meet the minimum criteria as established by the American Disabilities Act. Removed concrete shall become the property of the contractor and removed from the site. Performance and Payment Bonds shall be required for these projects. A-2 INSTRUCTIONS TO BIDDERS CLP Project No. 2002-4503 RECEIPT AND OPENING OF BIDS 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 INVITATION TO BID, 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 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 sixty (60) 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 f illed in, in ink or typewritten, in both words and f igures, and m ust be f ully completed and executed when submitted. Each bid must be submitted in duplicate in a sealed envelope bearing on the 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 is 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. 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 b id i f the evidence submitted b y, or investigation of, such bidder fails to satisfy the I_W 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 surety thereon a surety company approved by the Owner, in the amount of f ive percent (5%) of the b id. 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 specified in the proposal. Liquidated damages of $500.00 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 should be in writing addressed to "City of La Porte, Attn: Planning Department, 604 West Fairmont Parkway, La Porte, Texas 77571" 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. 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 A-4 (100%) of the total contract price, as security for the faithful 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 h. Photographs of the Project 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 included in the base bid. 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. 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 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. A-5 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 his office 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 the immediate removal to a hospital or a doctor's 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. A-6 LOCATION 822 Hackberry 3218 Lazy Pine 3118 Silver Springs 3202 Silver Springs 1015 Oak Leaf 1026 Oak Leaf 1034 Oak Leaf Subtotals Placement Removal Saw Cut LOCATION 1219 Mission 1423 Mission Subtotals Placement Removal G. V Adj. 2002-2003 City Wide Sidewalk Project SHADY RIVERS IMPROVEMENT sidewalk sidewalk sidewalk sidewalk sidewalk (saw cut) sidewalk sidewalk (placement only) (Relocate w. meter) 181.9 LF 97.2 LF 4.0 LF MONUMENT ESTATES IMPROVEMENT sidewalk (tie into driveway) sidewalk (g.v. adjust) 44.4 LF 44.4 LF I ea. L.F. PLACEMENT 8.6 26.3 4.7 15.5 4.0 38.1 84.7 L.F. PLACEMENT 12.4 32.0 GLEN MEADOWS LOCATION IMPROVEMENT L.F. PLACEMENT 5102 Valley View sidewalk (saw cut) 8.0 5217 Valley View sidewalk (saw cut) 8.0 5230 Valley View sidewalk (saw cut) 4.0 5106 Meadow Place sidewalk (saw cut) 8.0 5113 Meadow Place sidewalk (saw cut) 4.0 5101 Meadow Crest sidewalk (on Glen Meadows) 8.0 (saw cut) 4929 Meadow Crest sidewalk (saw cut) 4.0 5006 Park Crest sidewalk (saw cut) 4.0 4905 Glenview sidewalk 13.8 5022 Crestway sidewalk (saw cut) 8.0 5025 Crestway sidewalk (saw cut) 8.0 5102 Crestway sidewalk (saw cut) 4.0 5105 Crestway sidewalk (saw cut) 4.0 5114 Crestway sidewalk (saw cut) 8.0 5102 Creekview sidewalk (saw cut) 12.0 5201 Creekview sidewalk 8.6 5022 Creekview sidewalk 7.6 5217 Creekview sidewalk (saw cut) 4.0 Farrington @ Creekview SW W.C.R.-B 23.1 sidewalk (placement) 16.7 A-8 Farrington @ Creekview NW W.C.R.-B 16.7 sidewalk (placement) 12.1 Farrington @ Meadow Crest SW W.C.R.-B (g.v. adj.) 23.5 sidewalk (placement) 18.1 Farrington @ Meadow Crest NW W.C.R.-B 16.4 Farrington @ Glen Valley NW W.C.R.-B 16.7 sidewalk (placement) 11.8 Farrington @ Glen Valley SW W.C.R.-B (g.v. adj.) 21.9 sidewalk (placement) 14.7 Farrington @ Meadow Place NW W.C.R.-B 18.6 sidewalk (placement) 14.2 Farrington @ Meadow Place SW W.C.R.-B 22.7 sidewalk (placement) 18.1 Subtotals Placement 231.7 LF Removal 285.6 LF W.C.R. 8 ea. Saw Cut 100 LF G. V. Adj. 2 ea. BROOKGLEN/COLLEGEVIIEW LOCATION IWROVEMENT 3231 Fern Rock sidewalk (saw cut) 8406 Collingsdale sidewalk (saw cut) 8418 Collingsdale sidewalk (saw cut) 8715 Beechaven sidewalk (saw cut) 8710-8714 Beechaven sidewalk 8702 Beechaven sidewalk (saw cut) 8615-8703 Bandridge sidewalk L.F. PLACEMENT 8.0 4.0 4.0 4.0 46.1 4.0 8.8 A-9 8730 Collingsdale sidewalk (saw cut) 8.0 3123 Gladwyne sidewalk (g.v. adj.) (saw cut) 4.0 3303 Ashwyne Ct. sidewalk 5.8 3310 Gladwyne sidewalk 52.4 3331 Gladwyne sidewalk (saw cut) 4.0 3335 Gladwyne sidewalk 4.0 8835-8831 Oakhaven sidewalk (relocate w. meter) 4.0 (saw cut) 3723 Somerton sidewalk (saw cut) 4.0 3831 Somerton sidewalk (saw cut) 4.0 8511 Lazy Brook-3842 Fair Brook sidewalk 15.9 Subtotals Placement 185 LF Removal 185 LF Saw Cut 56 LF G. Y. Adj. 1 ea. FAIRMONT PARK EAST LOCATION 1WROVEMENT 10906 Idlewood sidewalk 3830 Pecan sidewalk 3809 Redbud sidewalk (saw cut) 3840 Teakwood sidewalk (saw cut) 10920 Birch sidewalk (saw cut) 10813-10811 Collingswood sidewalk L.F. PLACEMENT 5.5 5.8 4.0 4.0 4.0 16.2 A-10 Subtotal Placement 39.5 LF Removal 39.5 LF Saw Cut 12 LF FAIRMONT PARK CENTRAL LOCATION IMPROVEMENT L.F. PLACEMENT 10322 Antrim sidewalk (saw cut) 4.0 10338 Antrim sidewalk 41.0 10438 Antrim sidewalk 4.9 10306 Belfast sidewalk (saw cut) 4.0 10346 Belfast sidewalk (saw cut) 4.0 10314 Carlow sidewalk (saw cut) 8.0 10338 Carlow sidewalk 14.7 10350 Carlow sidewalk 47.3 10322 Winding Trail sidewalk (saw cut) 4.0 10326 Winding Trail sidewalk 16.5 10306 Winding Trail sidewalk 15.4 10410 Belfast sidewalk 26.9 10418 Belfast sidewalk 19.2 10420 Belfast sidewalk 10.3 10424 Belfast sidewalk (saw cut) 4.0 3110 Oaken Ln. sidewalk (saw cut) 4.0 3214 Oaken Ln. sidewalk 7.0 3214 Oaken Ln. sidewalk (on Belfast) (saw cut) 4.0 A-11 3109 Old Hickory sidewalk (saw cut) 12.0 3208 Old Hickory sidewalk (saw cut) 8.0 3323 Old Hickory sidewalk (saw cut) 4.0 10439 Catlett sidewalk (on Oaken) 14.2 10422 Carlow sidewalk (saw cut) 4.0 10447 Carlow sidewalk 4.6 10322 Winding Trail sidewalk 63.3 10406 Winding Trail sidewalk 24.1 10418 Winding Trail sidewalk 8.4 10439 Winding Trail sidewalk 6.0 10447-10451 Winding Trail sidewalk 10.4 10458 Winding Trail sidewalk (on Old Hickory) 10.0 10459 Winding Trail sidewalk (on Old Hickory) 8.0 (saw cut) 10407-10411 Collingswood sidewalk 10.1 10423 Collingswood sidewalk 10.9 10427 Collingswood sidewalk 12.3 10431 Collingswood sidewalk 23.3 10439-10435 Collingswood sidewalk 120.5 10435 Collingswood sidewalk 30.5 10442 Collingswood sidewalk (saw cut) 4.0 10439 Quiet Hill sidewalk 13.3 10439-10443 Quiet Hill sidewalk 8.4 A-12 10458 Quiet Hill sidewalk (on Old Hickory) 4.0 (saw cut) 10439-10443 Rustic Gate sidewalk (saw cut) 4.0 10454 Rustic Gate sidewalk 7.3 10455 Rustic Gate sidewalk 14.8 10458 Rustic Gate sidewalk (on Old Hickory) 14.2 10459 Rustic Gate sidewalk (on Old Hickory) 4.0 (saw cut) 10315 Rustic Rock sidewalk (saw cut) 4.0 10327 Rustic Rock sidewalk (saw cut) 4.0 10402 Rustic Rock sidewalk (saw cut) 4.0 10419 Rustic Rock sidewalk 28.1 10431 Rustic Rock sidewalk (saw cut) 4.0 10438 Rustic Rock sidewalk (saw cut) 4.0 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 10307 Shell Rock sidewalk (saw cut) 4.0 10311 Shell Rock sidewalk (saw cut) 4.0 10327 Shell Rock sidewalk (saw cut) 8.0 10414 Shell Rock sidewalk (saw cut) 4.0 10430 Shell Rock sidewalk 5.3 10434 Shell Rock sidewalk (saw cut) 4.0 A-13 10442 Shell Rock sidewalk 15.7 10447 Shell Rock sidewalk (saw cut) 4.0 10447-10451 Shell Rock sidewalk (saw cut) 4.0 10451 Shell Rock sidewalk (saw cut) 4.0 10458 Shell Rock sidewalk 18.4 10339 Rocky Hollow W.C.R.- B/sidewalk (g.v. adj.) 29.0 10340 Rocky Hollow W.C.R.- B/sidewalk (g.v. adj.) 18.7 10422 Rocky Hollow sidewalk (saw cut) 8.0 10442 Rocky Hollow sidewalk (saw cut) 8.0 3113 Old Hickory sidewalk (saw cut) 4.0 Farrington @ Rustic Rock S.W. W.C.R.- B (placement only) 0.0 Farrington @ Shell Rock S.W. W.C.R.- B (placement only) 0.0 Farrington @ Shell Rock N.W. W.C.R.- B (placement only) 0.0 Farrington @ Rocky Hollow S.E. W.C.R.- B 14.2 Subtotals Placement 919.8 LF Removal 981.7 LF W.C.R. 6 ea. Saw Cut 168 LF G. V. Adj. 2 ea. LOCATION 10011 Wilmont 10019 Wilmont 9707 Dover Hill FA RMONT PARK WEST IMPROVEMENT sidewalk sidewalk sidewalk (saw cut) L.F. PLACEMENT 7.7 8.3 M A-14 9711 Dover Hill sidewalk (saw cut) 4.0 9746-9738 Dover Hill sidewalk (saw cut) 4.0 10002 Winding Trail sidewalk (on Dover Hill) 31.8 10030 Winding Trail sidewalk (saw cut) 4.0 10115 Winding Trail sidewalk 11.9 10127 Winding Trail sidewalk (on Roseberry) 9.3 9910 Stonemont sidewalk (saw cut) 4.0 9915 Stonemont sidewalk (saw cut) 4.0 10026 Rocky Hollow sidewalk (saw cut) 4.0 10119 Rocky Hollow sidewalk 17.6 9835 Rustic Rock sidewalk (saw cut) 4.0 10103 Rustic Rock sidewalk (saw cut) 4.0 10102 Rustic Rock sidewalk (saw cut) 4.0 10126 Rustic Rock sidewalk (saw cut) 4.0 10027 Rustic Gate sidewalk (saw cut) 4.0 10010 Rustic Gate sidewalk 8.5 10003 Rustic Gate sidewalk (saw cut) 4.0 9803 Charmont sidewalk 24.1 10011 Charmont sidewalk (saw cut) 4.0 10103 Charmont sidewalk (saw cut) 8.0 10107 Charmont sidewalk 17.4 10111 Charmont sidewalk 8.1 10115 Charmont sidewalk (saw cut) 4.0 A-15 10110 Quiet Hill sidewalk (saw cut) 4.0 10002 Carlow sidewalk (saw cut) 4.0 10011 Carlow sidewalk 9.2 10119 Belfast sidewalk 20.8 10118 Belfast sidewalk 29.8 10106 Catlett sidewalk (saw cut) 4.0 10127 Roseberry sidewalk 9.3 3507 Roseberry sidewalk (saw cut) 8.0 3427 Roseberry sidewalk (saw cut) 4.0 3403 Roseberry sidewalk (saw cut) 4.0 Carlow @ Catlett N.W. W.C.R.- B 13.7 Carlow @ Catlett N.E. W.C.R.- B 13.4 Carlow @ Belfast N.W. W.C.R.- B 14.6 Carlow @ Belfast N.E. W.C.R.- B 13.8 Wilmont @ Rocky Hollow S.W. W.C.R.- B 9.5 Wihnont @ Rocky Hollow N.E. W.C.R. - B 9.7 Wilmont @ Shell Rock W.C.R.- B 9.7 Wilmont @ Shell Rock W.C.R.- B 18.2 Wihnont @ Rustic Rock N.W. W.C.R.- B 10.1 Wilmont @ Rustic Rock S.W. W.C.R- B 9.5 Wilmont @ Rustic Rock N.E. W.C.R.- B 9.7 Wilmont @ Rustic Gate N.W. W.C.R.- B 23.7 Wilmont @ Rustic Gate S.E. W.C.R.- C 23.6 A-16 Wilmont @ Quiet Hill S.E. W.C.R.- B 15.0 Wilmont @ Parlmlont N.E. W.C.R.- B 14.0 Wilmont @ Parlanont N.W. W.C.R.- B 13.9 Wilmont @ Cedarmont N.W. W.C.R.- C 23.5 Wilmont @ Cedarmont S.W. W.C.R.- B 15.8 Wilmont @ Cedarmont S.E. W.C.R.- B 22.0 Wilmont @ Roseberry N.E. W.C.R.-B 13.7 Wilmont @ Roseberry S.E. W.C.R.-B 15.9 Cedarmont @ Charmont N.E. W.C.R.- B (2 g.v. adj.) 34.6 Cedarmont @ Charmont N.W. W.C.R.-B 15.9 Cedarmont @ Charmont S.E. W.C.R.- B 18.5 Cedarmont @ Charmont S.W. W.C.R.- B 11.0 Cedarmont @ Dover Hill N.W. W.C.R.-A 39.9 Cedarmont @ Dover Hill N.E. W.C.R.-A 35.5 Cedarmont @ Dover Hill S.W. W.C.R.-A 36.3 Cedarmont @ Dover Hill S.E. W.C.R.-A 37.9 Cedarmont @ Stonemont N.W. W.C.R.-A 40.7 Cedarmont @ Stonemont N.E. W.C.R.-A 39.3 Cedarmont @ Stonemont S.W. W.C.R.-A 36.9 Cedarmont @ Stonemont S.E. W.C.R.-A 23.5 9907 Antrim W.C.R.- B 34.5 A-17 Subtotals Placement Removal W.C.R. Saw Cut LOCATION Myrtlecreek @ Stonecreek N.W Myrtlecreek @ Sugarcreek S.W Myrtlecreek @ Sugarcreek N.W 313.8 LF 1031.3 LF 34 ea. 100 Lf CREEKMONT 011PROVEMENT W.C.R.-A W.C.R.-A W.C.R.-A Myrtlecreek @ CanyonSprings SW W.C.R.-A Subtotals Removal W.C.R. 60.4 LF 4 ea. L.F. PLACEMENT 11.5 14.5 14.4 20.0 A-18 I I F M 1 1 BID PROPOSAL FOR UNIT PRICE CONTRACT CLP PROJECT No. 2002-4503 Proposal of 14M& 1&11- &iP .LAll (hereinafter called "Bidder") a corporation, organized and existing under the laws of the State of Texas, a partnership, or an individual doing business as _ l _ ,aaijuttx 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 2003 La Porte City - Wide Sidewalk Improvement Project per plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site(s) 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 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 45 consecutive calendar days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum _-e/ Date: ?� /i-a 3 BP-1 BASE BID PROPOSAL BASE P ROPOSAL: B idder a grees t o p erform a II o f t he w ork shown o n t he p an a nd furth@r described in (he ppggificayons for thksum of / - I case Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. � The bid security attached in sum of /A/JIF/ /!L//1[/ dollars ($ ) 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. N (SEAL) I 0 I I n Respectfully submitted BY: tSFq�re of Authorized Person) (Print Ngme of AUtjhonzed Person) be, sldQiiiT (Title) &�J /1 &(764MV (Business Address) ZZ ity) - (State) (Zip Code) I/,3 q/ 7 -R91i0 (Telephone Number) BP-2 i i STATEMENT OF MATERIALS AND OTHER CHARGES r � so MATERIALS INCORPORATED INTO THE PROJECT: $ /// J�� nn7� ALL OTHER CHARGES: $ TOTAL: $j i I I i I 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. BP-3 I I n BID PROPOSAL FOR UNIT PRICE CONTRACT BID SCHRMILE CLP Project No. 2002.4503 2003 La Porte City -Wide Sidewalk Replacement Project ''11 /J L' DATE: V Bid of 1i7A7Cs X&Ue%P I&L an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership consisting of I for Construction of 2003 La Porte City -Wide Sidewalk Improvement Project, for the City of La Porte, Harris County, Texas. To: City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: John Joems, Acting City Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide a II necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price Move -in and start up including performance and payment bonds for 100 percent (100%) of the contract amount ■ AWAV mrWZWW�157Z � Per Lump Sum SIDEWALK REPLACEMENT Concrete sidewalk placement: four foot wide, four inches thick, poured with 3000 psi concrete (min). Complete in place. T�i4 B1a f Per Linear Foot BP-4 L.S. LF 1917 $sIfIZO d 11 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price 3. Removal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal mer an (a) �f/,2 (�6llg� ( 4 LF 2725.1 Per Linear Foot Concrete wheelchair ramps. In accordance with details and complete in place. EA 52 Per Each 5. Adjustment of existing gate valves. Com lete in place. rP,�l� �s EA 10 Per Each 6. Saw cut in concrete as needed to undertake construction of Item No. 2. Complete in Place. Q 1,wv? '611dry _ LF 440 Per Linear Foot ALTERNATE BID TEMS A-1. Extra bank sand (ordered by City). Complete in place. Q_S- Per Ton A-2. Extra sod by City). Complete in place. �Gr�yt/ Q ��udS Per Square Yard BP-5 TON 2 SY 100 11 �: r $ $7V i TOTAL BASE BID $ h o a w TOTAL BASE BID PLUS ALTERNATE $ 6�Z �✓ The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. (Add) (Deduc) $ 2. ^ (Add) Pdud) $ It is understood and agreed that the work shall be complete in full within forty-five (45) calendar days after the date on which work is to be commenced as established by the Contract Documents. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. i It is understood that the Owner reserves the right to reject any and all bids. ■ IaR I I I I In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Date 1 0 / Signed (Comp ny) By ��C-aSl pion ,(_ tlfe) AL•B ._ Ca'a er'o 1'f - qd l8 Ale.v &'-eA1V1J d f -7 (Address) 1 2-Z/.-- 1 Witnes 1 SEAL (if Bidder is a Corporation) ' Acknowledge receipt of Addenda Below: Addendum No. / 1 Date Received 7-0 --000-- BP-7 (Telephone Number) 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: 49L IIA//�Tz Address: A/41S Aye&C7,°if/ijQ Authorized Signature: Printed Name: LM STANDARD FORM OF AGREEMENT CLP Project No. 2002-4503 THIS AGREEMENT, made this 24 day of March , 2003, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Brooks Concrete. Inc. (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) ( I de+r�g txlsi�iessas� ,A#M,�< 1,WCJfTt ��/G. of CN , 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: 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT NO. 2002-4503 TS s�xry hereinafter called the project, for the Total Price of 9.0 Thousand Eight Hundred Fifty -Five Dollars and Fifty Cents Dollars ($ 60,855.50) and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of 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 by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. SF-1 The CONTRACTOR hereby agrees to commence work unacr this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of 500 or 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 s hall b e d eemed a n o riginal, i n t he year and d ay f irst above mentioned. :- City of La Porte Name of Owner SEAL i Debra Feazell:/ t Martha Gillett Title: City Manager of Contrafatinq Firm Sonature orAuthorized Person �41,a ""; ter Title of Authorized Person T Address and Zip Code ,— Approved as to Form: 77S Title: City Secretary SEAL City Attorney SF-2 PERFORMANCE BOND Bond No. 22504338 THE STATE OF TEXAS COUNTY OF HARRIS Effective: March 24, 2003 KNOW ALL MEN BY THESE PRESENTS: That we, Brooks Concrete Inc. of Pasadena, Texas, Hams County, hereinafter called Principal, and Western Surety Company of Sioux Falls, South Dakota hereinafter called Surety, are held and firmly bound unto the City of La Porte, Texas hereinafter called Owner and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Dollars (S60,855.00) in the lawful money of the United States, to be in Harris County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS such that WHEREAS the Principal entered into a certain contract with The City of La Porte, the Owner, dated the 24th day of March, 2003. a copy of which is hereto attached and made a part hereof for the construction of Citywide Sidewalk Replacement Project. NOW THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreement of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of the one year guaranty required under such contract, and if he shall satisfy, all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of or modification thereof, then his obligation shall be void otherwise to remain in full force and effect. Bond No. 22504338 Effective: March 24, 2003-04 PROVIDED FURTHER: That is any legal action to be filed upon this bond, venue shall lie in Harris County, Texas. And that the Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER: That no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in seven counterparts, each one of which shall be deemed an original, this the 24th day of March 2003. (Seal) ATTEST: SECRETARY WITNESS TITLE: _'' 10 -.t R TITLE: Owner, Brooks Concrete Inc. ADDRESS: 4018 Allen Genoa Pasadena, TX 77504 SURETY: /s rtr Qmpany BY: lake D. Barnes TITLE: Attorney In Fact ADDRESS: 4909 W. Pasadena Blvd. Deer Park, TX 77536 NOTE: DATE OF BOND MUST BE THE SAME AS DATE OF CONTRACT ATTACH POWER OF ATTORNEY OF PARTY EXECUTING THIS BOND FOR THE SURETY- BOND NO. 22504338 STATUTORY PAYMENT BOND PURSUANT TO ARTICE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSIONS, 1959 KNOW ALL MEN BY `THESE PRESENTS, That Brooks Concrete Inc., of Pasadena, Texas Hereinafter called the Principal(s), as Principal(s), and Western Surety Company of Sioux Falls, South Dakota, Hereinafter called the Surety, are held and firmly bound unto the City of LaPorte, Hereinafter called the Obligee, in the amount of (S60,855.00 Dollars) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 24th day of March, 2003 to complete the CLP Project 2003 City -Wide Sidewalk Replacement Project 2002-4503 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in fall force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Sessions, 1959, and all liabilities of this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copies at length herein. IN WITNESS WHEREOF, the said -Principals) and -Surety have signed and sealed this instrument this 24th day of March, 2003. PRINCIPAL Jess W. Brooks Lfflmemliu�"M DwdN& 22504338 ltaw All hbn Dr Thu Pceamt% tbei pBBTl N SMIT 00>@AhM a mepnallea &* 0*0d OW dMM wim 60 lwa dthe Bale ddoath Dd" and itawb/ m pataoial adhs laliiow hob, ianth Dakota 0'h0 4k=mV'%dor V drat ptwMb rahe,wnwitubadatp w Blake Di erne Barnes id ttw sad la>dVl atlwaaryfjp itr� •itL btD paaw sere ',bum* ®6m4 a ma+b. atsbtwbdp and daDaw dtr ad m d Mmirw Boey, baab 6r. YdaotpsL Brooks concrete, Inc. Objjp; City Of LaPorte Amwmat $60,855.00 amb m bW do OompeV o n% a felb ad to tL tm abet w tf eah hasda wem etaaad by tb Baaatlea Pea Ptw11 saltd wkk the ompwtse sat d iha t'bsipaq aed ode attaled b W Bwteap. kleahr tatlt}tap tsd aae6eaitw aM teat tb aid mdWwsq +&*&Ml ma der WAWA do ehes stated tiswtka. Sdd ePPeietmant is Wads ardor ead bl aathoaiy d d w dtb.l� blow of Wtatem 1lan7 Gmq q wbki cera4a In hDt am wd dkct. Vadw T. All tieft ph" tmdrtaklnq Pbwao d ArMmy w etbrt abiirytkw d the atpeerdm OM be aaaW ht tm aaPpee . seas d The caey by the p idyl. a . 1. V AaMmt 9tvatay, 7hvmt w MY Mm Pmldtat w bP wak orbs omtew a tb Bond Of Dltadwa teq abides. Tba 2aeidte; OT Vies Pwaid Oeoi aal Mbirt Oemahry. w tbt Tteeoam mar mpetot Atbaweo m Pad ar pale wko"ha" atttind0 a braes boado, PdkIM Of VO&T aUM W the oast Of doom,. 4I►ampeaI and mttaaoaatep -ft Vsb W d a m4: pobdu; Paw= at Atmmap w aha cYOttieee dtlr mpotofitm. TJr ✓pliers dap aaa3 aEwc aed the ampwam aml aeq d patimad faoda� t3tdi24 .AU,1,pthmlty Itaaby otnadmed shall at@irt tad acrbae, dehont antke, mbr ttad Itedtra eaidslhbt dam_^ hat mttD amb tsa aloe ho tesa�omikb and is fLD bra atdadbt 2004 tiea�aaa�a In Where✓ Whwsd, Wamm Ue Gw"Vbm«Wad Vtq a be ayod b lY l3fft" Vim PmdW, 8mkn T. rat0. sal �a atal a beat0ad this .1� dq d —�86L— WSBTSB 8 BBTY COO NY Kohn T. hoer, RIVAUa Vie hownd �A } _ Oa thb dq of is the yaws bdm cok a sown pee k psena@W gppa=d titsykm T. Pem, wba b w a m dalf was, aohaoerlaAptd that M ayaed tba abate Power of AmuM w the abmaY etlim d WZNrM UMLTP CWANT a" almodadp d mg Wwzm sat to be the edwiacy sot tmd AsW afmam owpwsuw D.1i11ELL roattnt tWpp asp' Pilo -tbmwi Debra top Cataaikalba ll4kta Mawtiwtip, �OOd b the oodniprd ae0ow d Wettwe dh"q tbmpsW, aab k wpm" of dm Bale dtlotah Dalstta, do hmbn steel), that tY aet.aid Pww dAttemq u b baD Ltea sad a0et sad b b"Va mi, am Lmthomm, tad Botha. I dtm belt" dlm Dllepm u at [etlt m t1e Pow✓ dAtmmw b ttow b dsa. Is bmtfm cw wbaead 1 hm im.,ma r my hmd sad ad dWoomm BwvV ClompwW thb dq at WESTER..N 8 BSTY COM NY gfjpmT. oT. Fm%ivalbe Pea Pwddmd ban Fox"I t State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 22504338. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 F� F89" BROOKS C 1=1' I27C. BOND N0. t2504338 Mph 24, 2003 NOTICE In accordance with the Terrorism RiskInsurance Act-o£2002,wa xeproviding this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of heading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). The United States will pay ninety percent (909/6) of covered terrorism losses exceeding the applicable surety/insurer deductible. FM F7310 PERFORMANCE BOND CLIP Project No. 2002-4503 STATE OF TEXAS § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: That of the City of County of and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) 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: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of 2003, 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 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 amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent a s if it were copied at I ength herein." Surety, for value received, stipulates a nd 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 there under. PP-1 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 2003. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: PP-2 PAYMENT BOND CLIP Project No. 2002-4503 STATE OF TEXAS § COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That of the City of County of and State of , as principal, and 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 dollars ($ ) 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: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2003, 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 a s if it were copied at I ength herein." Surety, for value received, stipulates a nd 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 contract, or to the work to be performed thereunder. addition to the terms of the PP-3 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 2003 Principal By: Title: Address: Surety 0 Title: Address: The name and address of the Resident Agent of Surety is: PP-4 I 1 This document has important legs► consequences; consultation with an au=q is mccuraged with respect to its use or modification. This docummt should be adapted to the partiwlar circumstance of the contemplated Ptoj= and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT comrRACT DOCUMENTS COMMT1mm and Issued and Published Ioiatty Iiy National S oci g of Pro/essiona/ Engineers AMERICAN CONSULTING hoIAzdaw�hnsrabAhabhzwo AIIIER=mSOCIETY OF ENGINEERS COUNCIL CNIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a pmcdce &Wtimt of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL, ' AMERICAN SOCIETY OF CIVIL ENGINEERS MIIII yll 1 _yl p1A • 1 1 1. 1 _MIL 1 .11' V� 1 11 These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-&A-1 or 1910- &A-2) Z1996 Editions). Their provisions are interrelated and a rage 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 SupplementaryConditions (1996 Edition). (No. 1910 17) zj%- 1. rvo. 191" (lwo tattlon) I I Copyright 01996 Natimal Society of Professional Enginan 1420 King Street, Alexandria, VA 22314 Ameriean Ccnndting Engineers Couch 1015 Uth Street N.W., Washington, DC 20006 American Society of Civil Enghmm 345 East 47th Street, New York, MY 10017 ,I% I TABLE OF CONTENTS Y� f � ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 ........................ . 00700 - 6 Defined Tom 1.02 .................................... ............. 00700-6 Terminology . ................... ........................ 00700 - 8 .......... ARTICLE 2 - PREUMWARY MATTERS 2.01 ............................ Delivery of Bondr................................. 00700-9 ... • ....... • . 00700 - 9 2.02 Coples of Doaaaaus 2.03 ............................. . ...... ........ •.................. Commencement of Cpmract Times; Notice to Proca d 00700-9 2.04 ....... Starting the Work. . ............................... 00700-9 2.05 • .. • .. • ....... . Before Starting Construction ................ 00700-9 2.06 P►econstruction Cotlfaence ....................... 00700-9 2.07 .............. • Intitlal Acceptance of Sdeeduks 00700 - 10 . ....................... ................ . ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 00700 - 10 3.01 .. . Intent 00700 - 30 *10 3.02 ............................................. ....... • Reference Standards 00700 - 3.03 .................................. • ..... • ....... Reporting and Resolving Discrepancies 00700 - 10 3.04 .......... .... .. Amending and Srrpplane ting Contr= Doranems 00700 - 11 3.05 ............. :. Reuse of Doaone ntr 00700 - 11 ARTICLE 4 - ......................... ... , , , , • • AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 00700 - 11 REFERENCE POINTS 4.01 ............................ ................ . Availability oflmeds 00700-11 4.02 ........ .........• .... • ...........00700 Substoface and Physical Condidant - it 4.03 ............ . . ................. . Dlfferin; Subsroface or Physicd Candidans 00700 - 12 4.04 ................................00700 Undergrotmd Fat3Gtiu - 12 4.05 ...• Reference Palm ........................... 00700 - 13 4.06 ........... ....................... . Htzada s Daranmemal CatdrNan at Site 00700 - 13 ARTICLE 5 - ............ . BONDS AND INSURANCE 00700 - 14 5.01 ........................................... ... ' Performance, Payment, and Other Bonds 00706 - 15 5.02 ................... Licensed Sureties and lntstoers 00700 - 15 5.03 .................... .................00700 Certificates of buwq nce . ;......................... - 13 5.04 CONTRACII7R's Liability bcnumtce 00700 - 15 5.05 ..................... OWNER Is liability Insramur ........................ 00700 - IS 5.06 Property Insmmtce................................ ............. 00700 - 15 5.07 • ..... Waiver of Rights ...... 00700 - 16 5.08 ........................ .............. Receipt and Application of Irtsun nce Proceeds 00700 - 17 5.09. ........ • ............... Acceptance of Bonds and Insmmice• Option to Replace 00700 - 18 5.10 ........ Partial Utilization, Acknowledgment of property Ltuorr. 00700 - 18 ARTICLE 6 - ...... CONTRACTOR'S RESPONSIBIII7'1FS 00700 - 18 6.01 ........... ....... Supervision and Superintendmce 00700 - 18 6.02 .................... • Labor, Working Hours 00700. 18 6.03 ............................. .......... Servtrxs, Materials, and Equipment 00700 - 19 6.04 .................... Progress scheduk 00700 - 19 6.05 ................................................ Substitutes and 'Or -Equals' 00700 - 19 6.06 ... . .... Concerning &&rntradors, Suppliers, and Others 00700 - 19 6.07 ............ ................ , Parent Feu ad Royalties 00700 - 20 6.08 .. .............. .. Permits :..... 00700 - 21 6.09 ..................... Law and Regulations ...................... 00700 - 21 6.10 To= 00700 - 22 6.11 .................... Use of Site and Other Areas 00700-22 6.12 ................. Record Doaanents 00700 - 22 6.13 ................................................ Sc fety and Protection ....................... 00700 - 22 6.14 Safety Representative 00700 - 23 6.15 Hazard Con ummlcaion Programs 00700 - 23 ...................................... 00700 - 23 00700-3 6.16 Emergencies . ' 6.17 ...... ............................. Shop Dnswings and Sanples ........................ 00700 - 23 6.18 ........ Continuing the Work ..... 070p - pVM 6.19 .................... ............ CONMCTOR's Gmend Warrmtty and Guarantee 0- 23 . 6.20 .......... ............. IndernnVioa Lion 00700 - 25 ARTICLE 7-OTHER ........ ............................. WORK 00700 - 25 I 7.01 ............................................... .. Related Work at Sue 00700-26 + ......................... .......... 00700 _ 26 , 7.02 Coordination ARTICLE 8 - OWNER'S RESPONSIBUXI IES 00700-26 8.01 . . Contmmdeations to Contractor 8.02 .................. Replacement of ENGD"A ........................... 00700- 26 00700 -26 ' 8.04 Pay Promptly When Due 007700.2266 8.05 ............................................ .............. Inds and Easements,• Repartr Tests - 8.� and ................. Insurance......................... 00700 -00 26 8.07 Change Orders ...:........................... om0Q - 271 8.08 .... Inspections, Tests, and Approvals 00700 - 27 8.09 ................................. .. . Ilmitatians on OWNER's Regwnt1bilides 00700 -27 i- 8.10 ................................ , Undlsdza ared Hadaus Envirronrnmtal Condition 00700 -27 8.11 ............................ Evidence of Fbhmhcial Arrange het s 00700 -27 ARTICLE 9 - ..................................... ENGINEER'S STATUS DURING CONSTRUCTION 00700 - 27 9.01 ............................ OWNER'S Representative 00700-27. ' 9.02 ................................ ....... • . Visits to Site 00700 - 27 9.03 .................................................... . Project Representative " 00700-27 ` ...................... ... . 00700 - 27 9.04 9.05 Cmifiootias and Interprrtadomr................................. .. . 00700- 28 Authorized Variations in Work ........................... . 00700 - 28 � 9.06 Rejecting Defective Wont 9.07 .......................... Shop Drawings, Change Orders and Payments 00700 - 28 9.08 ............................... Determinations for Unit Price work 00700- 28 9.09 . ...................... . Decisions on Requirements of Cmuract Doaanents and Acceptability of work .......... OMM - 28 00700 - 28 9.10 Lbnbadons on ENGINEER's Authority and Peipmufteries ...................... 00700 _28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ............ . .... ............... 00700 - 29 10.01 Audwrized Changes in the wont ....................................... 00700 - 29 10.02 Unauthorized Cages in the Work ` 10.03 ..................................... Execution of Change Orders ............................................ 00700 - 29 i 10.04 NotJiomfon to Snoety' 00700-29 10.05 .............................................. Cairns and DEg saes 00700 - 29 ........ _ ...................... ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 00700 - 30 .............. . 00700 - 30 11.01 Cost of the Work ................................................. 00700 - 30 i 11.02 11.03 Cash Allowances ................................................. Unit Price Work 00700 - 32 ........ ... ..... . ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT 00700 - 32 TMM . .......... 00706 - 33 12.01 Change of Cmurart Price .......................................... 00700 - 33 Cha nge ange of Contract Tunes ................. . ........................ 00700 - 33 12.03 Delays Beyond CONT72ACTOR's Control ............... 00700 -33 12.04 .. Delays Within CONMCTOR's Caraol 12.05 .......... ...... ............... Delays Beyond OWNER Is and CONTRACTOR i Contdol 00700 - 34 .... .................. 00700 _ 34 12.06 Delay Dmnages ................................................... 00700 -34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF 13.01 DEFECTIVE WORK ....... .......................... . Notice of Defects 00700 _34 13.02 ........ ...................................... Access to Work 00700 - 34 13.03 ....................................... .......... Tess and Inspections 00700 _34 13.04 ............................................... Uncovering Work 00700 _34 13.05 ...................................... ........ OWNER May Stop the Work 00700 - 35 13.06 .......................................... Correction or Removal Defective 00700 - 35 of Work ........... . ..... _ ............... 00700 - 35 Mnn 13.07 Correction Period ................................................. 00706 - 35 ` { 13.08 Acceptance of Defective Work ......................................... 00700- 36 13.09 OWNER May Correct Defective Work . ................... 00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ....................00700 -36 14.01 kheduk of Values ................................................ 007M - 36 14.07L Prograr Payments ............................................... 00700 - 37 14.03 CONMC7VR } Warranty of Title ..................................... 00700 - 38 14.04 &bm dal Compledon............................................. 00700 - 38 14.05 Partial Udlkadon................................................ 00700 - 39 14.06 Final hupecdon...................................... ... . 00700 - 39 14.07 Final Payment .......................................... 00700 - 39 14.08 Final Completion Delayed ............ r.. 00700 - 40 14.09- Waiver of C/aimr ............................. 00700- 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .................... ..... . 00700 - 40 15.01 OWAMN May Stupend Work ..........................:............ 00700 - 40 15.02 OWNER May Tarninate for Carle ............................... .. • ..00700 - 40 15.03 OWAU May Terminate For Conrvade nce ....................... .. 00700 - 41 ... 15.04 CONMC71OR May Stop Wont or Terminate ...:........................... 00700.-.41 AR71CLE16-DISPUTE RESOLUTION ............................................ 00700-41 16.01 Methods and Ptoeedww............................................. 00700 - 41 ARTICLE 17-MISCELLANEOUS.......................................... 00700-42 17.01 Caving Notice .............................. 00700- 42 17.02 Ca npraation of Times ......................... . 00700 -42 17.03 Cranelative Remedies.............................................700 . 00700- 42 17.04 Muvival of Obligations ...................................... . 00700 _42 17.05 Comrpllinglaw................................................. 00700-42 d I GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicahle to both the singular and plural thereof. I. Addenda —written or graphic instruments issued prior to the opening of Bids which clarity, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement —The written insuament which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Poymem—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the C rah-=. Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers Into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a bidder submitted on the prescribed form wring forth the prices for the Work to be performed. 6. Bidding Doaanenrs—The Bidding Raga =emu and. the proposed Contract Documents (mckuding an Addenda issued prior to receipt of Bids). 7. Bidding Regrdrw=U—The Advertisement or Invitation to Bid, Instructions to Bidders. Bid security form, if any, and the Bid form with any supplements. 8. Bonds —Performance and payment bonds and other instruments of security. 9. Change Order —A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of j the Agreement. I 10. C7abn—A demand or asserd= by OWNER or; CONTRACTOR seeking an adjustment of Contract price or Contract T nes, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Cmaracf—The entire and integrated written agreement between the OWNER and CONTRACTOR concerning time Work. The 'Contract supersedes prior negotiations, representation, or agreements, whether written or oral. 12. Contract Doounenn—The Contract Doammwts ' establish the rights and obligations of the pardei and , include the Agreement, Addenda (which pertain to the Culatraet Documents), CONTRACTOR'S Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award)' when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Olden, and ENGDNEF.R's written interpretations and; rladfiratirms hued on oI after the Effective Date of the Agr enumL Approved Shop Drawings and the reports and drawings of subsurface and physical conditions am not Coact Docur nc=. Only printed or hard copies of the items listed in this paragraph are Compact Documents. Film in electronic media format of tract, data, graphics, and the Men that may be famished by OWNER to CONTRACTOR are not Contract Documents. 13. C.arrrract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accmdance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Praia Work). 14. Contract Times —The number of days or tie dates stated in the Agreement to: (1) achieve Substantial Completion; and (iB c mplete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTUCTOR—The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work —See paragraph 11.01.A for def nkion. 17. Drawings —That part of the Connect Dents prepared or approved by ENGINEER which graphically shows me scope, extent, and character of the Work to be performed by CONTRACTOR. . Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 1S. Effecdve Dote of the Agreanmt—Tpe date Indicated in the Agreement an which it becomes effective, but 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 -The individual or entity named as such to the Agreement, 20. ENGUM's Car=U=--An individual or entity bavmg a cm&= with M-WI 12tR to furnish services as ENGINEER's independent professional assabiate 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 Welk but which doa = involve a change in the Contract Price or the Contract Times. 23. Hasmdous Ed C nyjm—T12 Presence at the Site of Asbestos; PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such Wamum or curmstances that may present'a substantial danger to persons or property exposed thereto in connection with the Work. 74. H=ardaus Waste —The term Hnudous waste shall have the meaning provided in Section 1004 of the Solid Warm Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regudatioas; Laws or Regrdarlons—Auy and all applicable laws, rules. regulations,. ordinances, codes, and orders of any and all governmental bodies, agencia..authorities, and courts having jurisdiction. 26. LJens—Charges, security interests, or encumbrances upon Project funds, real property, or Personal property. 27. Mfleatone—A principal event specified in the Contract Documents mlattag to an intermediate comple- tion dare or time prior to Substantial Completion of all the Worst. 28. Notice ofAxmd—The written notice by OWNER to the apparent surccessftd bidder stating that upon tamely compliance by the apparent successful bidder with the dconditions e precedent listed thmma. OWNER will sign and Agreement 29. Notice to Proceed —A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Tenses will commence to run and on which CONTRACTOR Shall -start to perform the Work under the Coact Documents. 30. OWNER —The individoal, entity. public body. or Rutbnrity with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Udfaadm—Use by OWNER of a substaa- daily completed part of the Work far the purpose for which it is Intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PM—Polychlmivated bipherryls. 33. Pd u&=—Petrolemn, including crude off or any fiectioa 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 sludge. oil refuse, gasoline, kerosene, and oil mixed with other noes-Hazadoss Waste and crude oils. 34. Projecr-71m total construction of which the Work to be' performed under the Contract Docoauents may be the whole, or a part as may be indicated elsewhere is the Connect Documents. 35. Project Manal—The bound documentary infornistm prepared for bidding and Ong the Work. A Bating of the contents of the project Manual, which may be bound in one or mom volumes, is contained In the table(s) of wntents. 36. Radioactive Mateial_saor=, special m>Clear, 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—Tbe authorized representative of ENGINEER who may be assigned to the Site or any part thereof. Egur I 38. Smnp/er—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 judges 39. Shop DrowbWs—All drawings. diagrams, Mustra- tims. smiles, 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 rights -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. Subcontn=r—An individual or entry having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantiat ConWkdau—'lye 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'"cif ed part thereof) is srf6ciently 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 'stbstandaliy complete" and "substantially completed' as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Comfiffons—That part of the Contract Dock which amends or supplements these General Conditions. 45. Supplier —A mamtfactmer, fabricator, supplier, distributor, malmulman, or vendor having a direct Traci with CONTRACTOR or with -any Subcontractor to furnish materials or egtipmmt to be incorporated in the Work by CONTRACTOR or any Subcontractor. . 46. Underground Facilities —All underground pipelines, conduits. ducts, cables, wires, manholes, vaults,, [amen, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products. telephone or other communications, cable television, water, wastewater storm water, other liquids or chemicals, or traffic trafficoj 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 the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce construction. and furnishing. installing, and incorporating all materials and equipment into such construction, all a� required by the Contract Docameats. 49. Work- Change Dvecrive—A written statement to CONTRACTOR issued on or after the Effective Date ot� the Agreement and signed by OWNER and recommended . by ENGINEER ordering an addhinn deletion, or revision in the Work, or responding to differing or unforeseen( subsurface or physical conditions under which the World. is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the: Ca MM-I-u= but is evidence that the parties expect than the bhadge ordered or documented by a Work Change`' DirecHw will be incorporated in a subsequently issued, Change Order following negotiations by the parties as to ii its effect, if any, on the Contract Price or Contract' Times. 50. Wrinen Arnmdmew—A written statement; modifying the Contract Documents, signed by OWNER end CONTRACTOR ob or after the Effective Date of the Agreement and mrmauy dealing with the nornengtacettag' or nontechnical rather than strictly eonstruetioo-related'- aspects of the Conitact'bocuments. 1.02 Terminology A. Lttertt 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,' .Suits le'" "acceptable,'' •proper., •satisfactory.' or'. 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 Contact Docu>roems and conformance with the design 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 K U M01 use of any such term or adjective shall not be effective to assign to ENGINEER any daty or authority to supervise or direct the peaformaaee'of the Wodt or any duty or authority to undertake responatbaity contrary to the provisions of paragraph 9.10 or my other provision of the Contract Documents. 0110 1. The word -day' shall constitute a calendar day of 24 hours measured from midaigbi to the next midnight. C. Defective 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 inspectim reference standard, test, 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 beea assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Fr mik hutA Pafornr, Provide .1. The word-fltmish,' when used In eouneedoa with services, materials, or equipment, 'shall mean to supply and deliver said services, materials, or equipment to do Site (or come other specified location) ready for use or fnvtaltatim and in usable or operable condition. 2. The word -install,- when used in connection with services, materials, or equipment, shall. mesa to put Into 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 m 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 'fmmsh,' 'install,' 'perform,- or 'pro. vide' is not used in connection with services, materials, or equipment In a eaatext 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 consttuctfon industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bondr A. When CONTRACTOR delivers 'the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bands as CONTRACTOR may be required to fmmsh . 2.02 Copier ofDoommW A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Dock. Additional copies will be furnished upon request at the cost of reproduction. A. The Contract Tuoes will commence to rim 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 Agreemeat. In no event will the Contract Times commence to rim later than the simeth day after the day of Bid opening or the thirtieth day after the Efineive Date of die Agreement, whichever date is earlier. 2.04 kor ing the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run 2.05 Before Suiting Car nxdon A. CONMCTOR's Review of Contract Doamtoor: Before mdestaking 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 Wort affected themby; however, CONTRACTOR shag not be liable to OWNER or ENGIN]5IIt for bilore to report any conflict, error, ambiguity, or discrepancy in the Contract Documents onlesa CONTRACTOR knew or reasonably should bave known thereof. B. Pre&nb uy Sdw&des: Within ten days after the Effective Date of the Agreement (unless otherwise specified I 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 Doarmenu; 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 aff of the Work which includes quantities and prices of items which wbm added together equal the Caatract Pn= nod u"- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of work. C. Elidoece of Irew anoc. Before any Work at the site is started, CONTRACTOR and OWNER shag each deliver to the other, with, copies to each additional insured identified In the Supplementary Conditions, certificates of insurance (and ad= 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 S. 2.06 Preconshuction Werrnte A. Willi m 20 days after the Canh art Times start, to run, but before any Work at the site Is started, .a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to tie Work and to discos the schedules referred to in paragraph 2.05.B, procedures for hanmhrg Shop Drawings and aches submittals. processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Sdrse• A. Unless otherwise provided in the Contact Docu- ment, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below tie schedules suhanitted in accordance with paragraph 2.05.8. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit Rue schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted Ur ENGINEER. 1. The progress schedule Will be acceptable. to ENGINEER if it provides an orderly progression of thel Work to completion within any specified Milestone and _ the Contract Times. Such acceptance will out impose on ENGINEER responsibility for the progress schedule, for, sequencing, scheduling, or progress iof the Work norl interfere With or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Slop Drawing andl Sample submittals will be acceptable to ENGDMER if it provides a workable arrangement for reviewing andl processing the required submittals. I 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. . . I ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; wbat Is called for by one is as binding as if called for by all. B. It is the intent of the Contracx DoCvmeh,todesmm a functionally .complete Project: (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services. materials, or equipment that may reasonably be inferred from the Contract Dace- ` mesh or from prevailing custom or trade usage as being required to produce the .intended 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 ENGDMER as provided in Article 9. u • .. � ,., , ,.,. , A. Srmrdvdr, .Specylaadans. Codes, laws, and Regulaions . 1. Reference to standards, specifications, manuals, i or codes of any technical society, organization, or association, or to Laws or Regulations, Whether such reference be specific or by implication, shall mean the' standard, specifiadat, ro meal, code, or laws or Regula- tions is effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in tie 3.04 Amending and Supplanting Contract Docmnew CDC Documents. 2. No provision of any such standard, specification, manual 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. consultan, agents, or employees from those set forth in the Contract Documents, nor shall my such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENOINEER's Consultants. agents, or employees any duty or authority to supervise or direct the performance of the Work or any deny or authority to undertake responsibility hmnaistant with the provisions of the Camnact Documents. 3.03 Reporting and Resolving Discrepmidet A. Reporting Dirmrponeter 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, ordisctepamy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or Of aqy standard, speafiautiont m l or code, or of any insnuetlon of awry Supplier. CONTRACTOR shall report it to ENGHdE.I$t in writing at am. - CONTRACTOR shall not proceed with tbp Work affected thereby (=cept in an emergency as regnhod by paragraph 6:16A) until an an>endmeat or sappimment to the Contract Documents has been issued by one of the methods indicated In paragraph 1.04; provided, however, chat CONTRACTOR shall not be liable to OWNER or ENGINEER for failuie to report any Such conflict, error, ambiguity, or dis- crepancy mless CONTRACTOR knew or reasonably Should have known thereof. B. Resolving DiscrVandes I. Except as may be odmrwise Speci&Aly sited in the Contract Documents, the provisions of the Contract Documents shall take precedence in -resolving atq conflict. error, ambiguity, or discrepancy between the Provisions of the Contract Documents and: a the provisions of any standard, specification, mammal, code, or Instruction (whether or not specifi- cally incorporated by refer ce in the Contract Documents); or b. the provisions of any Iaws 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. - The Contract Documents may be amended to provide for additions, deletions, and revisions In.the Work or to modify the terms and coimditlons thereof is one or more of the following ways: n a Written Amendment; (li) a Change Order; or (III) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor MiRdous and .deviations in the Work may be authorized, by one or more of the foIIowing. ways: (i) a Field Order, (ii) ENGINF.BRR's approval of a Map Drawing or Sample; or (311) ENGINEER'S written Interpretation or clarification A. CONTRACTOR and any Subcontractor or Supplier or other budividmtsl or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER. () shall not have or acquire any title to or ownership rights In any of the Drawings. Specifications. or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Coasdtam. Including electronic media editions; and (10 shall not tense any of such Dtawtngs. Specificstioas, ad= &=m=lb, of *opiea thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by °ENGINEER. This Prohibition will survive' final paymeht ' campletion, and aoceptaoce 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 - AVAH.ABUM OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLmrdi A. OWNER shall famish the Site. OWNER shall notify CONTRACTOR of -any cnmm rancea or restrictions not of general'applicadon but Specifically related to use of the Site .. with which CONTRACTOR must comply in performing the Wort OWNER will obtain in a timely man= and pry for easements for permanent structures or permanent changes in rousting fuilitlea. If CONTRACTOR and OWNER are unable to agree on endtlemew to or an the amount or extent, If any, of any adjustment in the Contract Prix or Contract Titres, or both, as a result of any delay in •OWNER's furnishing the Site, CONTRACTOR may male a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current stntempnr 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 accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction faeiliti or storage of materials and ^T�"'= 4.02 Subsurface and Physical Condidom A. Reports and Drawings: The Supplementary Conditions identify 1.' time reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- nwnft and 2. those drawings of physical conditions in or relating to existing surface or suburface structures at or contiguous to the Site (except Underground PacMtles) that ENGINEER has used in preparing the Contract Documents.. • "B.' 7lmired Reliance by CONTRACTOR on Tedudcal Data Authorized: CONTRACTOR may rely upon 'the• general accuracy of the 'technical data' contained in SWA reports and drawings, but such reports and drawings are sot Connect Documents., Such 'technical data' Is identified in the Supplementary Conditions. Except for such reliance 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: j 5 1. the eompleteaesa of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequraces, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, Interpretations, opinion's, 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. - 4.03 D{$eing Subsurface or Physical Condidons A. Notice: If CONTRACTOR believes that any subsur fax or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a name as to establish that any 'techu4al data' on which CONTRACTOR is entitled 0 rely as provided In paragraph 4.02 is materially, inaccurate; or 2. is of arch a nature as to require a change in awl Contract Documents; or M MI 4. is of an unusual nature, and differs materially from conditions ordinarily eacoonurrd and generally! recoguaed as inherent in work of are character provided for in the Contract Documents; ; then CONTRACTOR shall, promptly after becoming aware' thereof and before further disturbing the subsurface or physical conditions or performing any. Work in connection! therewith (except bran rincr$ency as required by paragreph�, 6.16.A), notify OWNER and ENGINM in writing about such eondititm. CONTRACTOR sball not further disturb- suchcanditionorpeiflorm any Work In connection therewith) !(except as aforesaid) anal receipt of written order:to do -so: B. ENGDFM'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 findin and conclusions. C. Possible Price and TLnu Adjustments 1. The Contract Price or the Contract Times, 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 requited for, pmft mane of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Prix'< will be subject to the provisions of paragraphs 9.08 and 11.03. pl*r J 2. CONTRACTOR shall not be entitled to any b. locating all Underground Fadlida shown or adjustment In the Contract Price or Contract Times if: indicated in the Contract Documents, a. CONTRACTOR knew of the existence of such eoadld= at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contact Tunas by the mbmission of a Bid or becoming bound under a negotiated contract; or b. the ezistehce of such condition could reasonably have been discovered or revealed as a result of any aawtnation, hmstlgmmn, •explaratitm, test, or study of the Site and contiguous aresi required by the Bidding Requirements or Concoct D unenta to be conducted by or for CON- TRACTOR prior to CONTRACTOR'a making such final commitment; or c. CONTRACTOR faded 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 eaddemeat to or on the amount or extent, if any, of any adjustment in the Contract Price or Contact Times, or both, a Claim may be made therefor as provided in paragraph 10.05. 'IioWever, OWNER, ENGINEER, and ENGDCM's Consultants shell not be liable to CONTRACTOR for any claims: ousts, losses, or damaged 0pduding: but not limited to all fees and charges of engineaa, architects, allon yz, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in wmnectioa. with any ether project or anticipated project. 4.04 Undayromtd Fadfitfes A. Shown or Indicated; The information and data shown or hAlcated in the Contact Documents with respect to existing Underground Facilities at or contiguous to the Site is based cm information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, orby others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER: shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in fits Contract Price, and CONTRACTOR shall have foil responsibility for. a. reviewing and checldng all such information and data, c. cOmdmatiam of the Wmir with, the owners of gut Underground Facilities. dining construction,nd including OWNER d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the work. •`B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or coutigaoui to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contact Documents, CONTRACTOR sb4.prougrtly after becoming aware thereof and before further disturbing conditions affected thereby or Performing any Wort in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give writes notice to that owner and -to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent.• If say, to which a change is required in the Contract Doiummts to reflect and document the consequences of the existence or .:,locatian.of the Underground Facility. Deering such time,. :: 'CONTRACTOR stall be responsible for tie safety and .= . ptotecdoa.ofsuch Underground Facility. 2. If ENGINEER concludes that a change m the Contrail Documents is required, . a Work Change Directive or a Change Order will be issued to reflect and document such conmqueeca. An equitable adjustment shag be made In the Contract Price of Contract Times, or both, to the extent that they are aurbeable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy 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 anicipa If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if airy, of stry such adjustment to Connect Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Refanmce Focus A. OWNER shall provide engineering surveys to establish reference points for 'constuctioa which In ENGINEER's judgment are necessary to unable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall I , , and preserve the established reference pomts and property 00700 - 13 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 mammment is lost or destroyed or requim 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 mom mmu by professionally qualified personnel. 4.06 Bazmdmu Fmirormrettal ConMon at Sire A. Reportr and Drawing:: Reference is made to the Supplementary Conditions for the Identife d= of those reports and drawings relating to a Hazardous Environmental Condition identified at the She, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Ilmtted Reliance by COMRACTOR on Tedudcal 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 idmWfied in the Supplementary Conditions. Except for such telis= on such "technical ,data, ' CONTRACTOR may not rely upon or MR ke any Claim against OWNER, ENGINEER or any of ENOMSER'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.paocedtrres of construction to - be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, ittminutations, 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 Contract 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 responsible. D. If CONTRACTOR encoonters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Enviraomeatal Condition, CONTRACTOR shall imme&- ately: (1) secure or otherwise isolate such condition; (hi) stop an Work in connection with such condition and in any area . affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENd (and promptly thereafter confirm sucti notice in wrliing),I OWNER shad promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert top evaluate such rendition or take corrective action, if any. E. CONTRACTOR shall not be required to rtxuoue! Work in connection with such conditionor in any affected) area until after OWNER has obtained arty. required permits " related thereto and delivered to CONTRACTOR written notice: 0specifying that such condition and any affected area is or has been rendered safe for de resumption of Work; I. or (ii) specifying any special conditions under which such Work may be . resumed safely. if OWNER until CONTRACTOR cannot agree as to entitlement to or on the. amount or cxtent,. if any. of any adjustment in Contras Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may male a Claim therefor as provided in paragraph 10.05. P. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it Is unsafe, or does not agree to; resume au&. Work under such special conditions. then i 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!- adjustmmt in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work ` performed by OWNER's own forces or others in accordance, with Article 7. 0. To the fullest extent permitted by Laws and Regulations. OWNER shall indcamify and hold harmless CONTRACTOR, Suboonuacton, ENGINEER, ENGINEER's Consultents and the officers, directors, partners, employees, agents. other consultants, and mbconractara of each and'any of them from and against all claims, costs, losses. and damages (including but not limited to all fen 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 Favironmental Condition, provided that ' such Huardous Environmental Condition n 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 (n) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing i In this paragraph 4.06.E shall obligate OWNER to indemnify of paragraph 5.01.11, CONTRACTOR shall within 20-days any individual or entity from and against the consequences of thereafter substitute another Bond and surety, both of which that individual's or entity's own negligence. shall comply with the requirements of paragraphs 5.01.B and 5.02. H. To the fundst extent permitted by Laws and Regulations, CONTRACTOR shag indemnify and hold harmlOWNER, ENGINEFR, ENGINEER's CamsultsntiI and the officers, directors, partners, employees, agents, other consultsots, and subcontractors of each and any of them fram 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) ariamg out of or relating to a Hazardous FnvhomacnW Candid= created by CONTRACTOR or by anyone for whom CONTRACTOR is respoosbte. Nothing in this paragraph 4.06.12 shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequencesof that individuals 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 Envuvuracriaal Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 PerformMice; Payment, and Odur Bonds A. CONTRACTOR shall: furnish performance and payment Bonds, each in an amount at least equal to the Contract Prix as security for the faithful perfurmanee 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. ents. CONTRACTOR shall also furnish such other Bonds as arc required by the Contract Documents. B. All Bands shall be in the form prescribed by ft Contract Documents except as provided otherwise by Laws or Regulation, and shall be executed by such sureties as are named in the cuaseot list of 'Campania Holding Certificates of Authority as Axeptablus3lreda on Federal Bonds and as Acceptable Refasu ing Companies' as published In Circular SM (ameadcd) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. AB Bonds signed by an agent must be accompanied by a certified copy Of such agem's amborhy to act. 5.02 Lit -awed Stme der and Instorrs A. All Bonds and insurance requited by the Contract : Documents to be purchased and maiatsincd by OWNER or CONTRACTOR shall be obtained from surety at insurance companies that are duly licensed or 'amhoiized in the juristliCdaa in which the Project b located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shag also meet each additional requirements avid qualitieadons as may be provided in the Supplementary Conditions. 5.03 • CM hoarse pf hum. A. CONTRACTOR shall deliver to OWNER, with copies to each additional Insured Identified in the Sapple- rucatar7 Cons, 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 Candition, gates of huaramx (and other evidence of insurance requested by CONTRACTOR • or ° arty other additional insured) which OWNER b negedted.m purchase and matmsln 5.04 CONTRACTOR's Liabfllry bhsanmw A. CONTRACTOR shall purchase and maintain such liability and other insurance as b 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 obligation under the Contract Dbcimenb, whether it is to be performed. by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by airy of then to Perform any of the Work, or by anyone for whose acts any of them may be liable: M. C. If the surety on arty Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its •tight to do business is terminated in any state where any part Willb inject is located or it ceases to meet the requirements 00700 - 15 1. claim under workers' compensation, disability benefits, and other almil employee benefit acts; 2. claims for damages because of bodily injury. ocoupadonal sicloea: or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness ur disease, or death of any person other than CONTRACTOR's employees; t•= I I 4. claims for damages insured by reasonably available personal it{jory-liabiility coverage which are sus- tained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or ('ti) 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 usury or death of may person or property damage arlsmg out of the ownership, maintenance or use of any motor vehicle. B. The policies of insuran a so required by this paragraph 5.04 to be purchased and -maintained shall: 1. with respect to Insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as Additional 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-tif each'and'any of all such additional Insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. inchrdo at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or ' Regulations, whichever is greater, f 3. include completed operations tnntrance; r 4. include contractual liability insnrance 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 Conditions to whom a certificate of insurance has been Issued- (and the certificates of iasuratm 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 in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -wadi basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured idieatifled in the Supple meatary Conditions, to whom a.cerd6cate of insuranct has been issued, evidence satisfactoryto. OWNER and any such additional insured of condonation of sueb insurance at final payment and one year thereafter). 7 �/Jl: l7'If A. In addition to the insurance required to be providcl by CONTRACTOR under paragraph 5.04,•OWNER. at OWNER's option,. may purchase and maintain at OWNER't expense OWNER's own liability insurance as will protcc OWNER against claims which may arise from operations under the Contract Documents. , 5.06 Property huzironee A. Unless otherwise provided in the Supplementar Conditions, OWNER shall purchase and maintain propery insurance upon the Work at the Sire in the amount of the full' replacement cost thereof (subject to such deductible amouni' as may: be -provided 4n. the Supplementary Conditions of required by IBwa'and:liegulatlons). This Insurance shall: • 1. include the interests of OWNER, CONTRAC TOR, Subcontractors, ENGP4EER, ENGINEER'! Consultants, and any other individuals or entities idend- fled in the Supplementary Conditions, and the officers, directors, partners, employees, agents. and othei consultants and subcontractors of each and any of them,' each of whom is deemed to bave an insurable interest anti shall be listed as an additional insured; 2. be written on a Builder's Risk 'all-risk" or open peril or special causes of loss policy form that shall a least include insurance for physical loss or damage to thi Work, temporary buildings, false.work. and materials and egaipment In transit, and shall Insure against at least thr followjpg. perils or causes of lass: fire, lightning extended. coverage, theft. vandalism and malicious mischief; earthquake, collapse, 'debris removal - demolition occasioned by enforcement of Laws am Regulations, water damage, and such other perils o.. 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 ere, limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being 4porpgKated in. the work, provided that such materials god equipment have been inchtded in an Application for Payment recommended by ENGINEER; 5. allow for partial utulindra of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment -is 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 =ufi- cat of insurance has been issued. B. OWNER sball purchase and maimain such boiler and Y insurance or additional property insurance as may be required by the Supplementary CouxM m or Lmn and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors. ENGINEER, ENGINEER's Consultants, and any other Individuals or entitles identified in the S�upph mentuy Conditions, each of whom is deemed to have in insurable interest and shall be listed as an insured or additional insured. C. All. the policies of insurance. (sad the certificates.or other . evidence thereon required to , be . prachased and maims in accordance With paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until- at host 30 days prior written »olio - has been given to OWNER and CONTRACTOR and to each other additional insured to whom a ccrtiA a of insurance has been issued and will contain Waive FWAsium in accordance with paragraph 5.07. D. OWNER shun not be responsible for purchasing and maintaining any PropenY '"s"""'• •specified , in this ParaP.raph 5.06 to pro teex the interests of CONTRACTOR, Subco�uacmra, or others in the Work to. the extern of any deductible amounts that are identi5ed in the Supplementary Conditions. The risk of loss within such identified defile Amon= will be borne by CONTRACTOR, Subcontractors, or others, sutffering any such loss, and if any of them wisher Property durance coverage within the limits of such amounts, each may purchase and maintain it at the put Laser's own expense. at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Wdw of Rights A. OWNER aid CONTRACTOR intend that all policies PMTbBsed hh A=rdancp with paragraph 5.06..wip protect OWNER, CONTRACTOR, SubcontractM, ENOWMI, ENGINEER's Consultants, and all. other individuals or entities identified in the Supplementary Conditions to be listed as iistieds or additional in${reda (and the off=I, directors, partners, employees, agents, and other consultants and subcontracturs of each and any of them) In such policies and will provide primary coverage for all losses and damage caused by the perils or causes of loss covered thereby. All snrh policies shall contain provisiow to the effiVI that in the even of payment of any loss or age the bu,snrers will have no rights of recovery against any of die W"cdy our additional insureds thereunder. OWNER and -CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners. employ=. ageaa, and other. cmsultaria and subcontractors of each and any of then; for all losses and damages mused by, arising out of or resulting from M of the peals or causes of loss covered by such policies erne) any other property •nsura m applicable to the Wod4 and, in addition. Waite AlL.such: sisbts. agabigc Subcontractors, ENGINEER, EWGiMEi Mls , and all other individuals or eatities.(ddraified is the Supplcmcu_ Lary Conditions to be listed 43: 11L5PIeds. or additional insureds (and the Off='- duectora, partners employees, agents, and ocher comeltants and mboontractors of ea& aid nay 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 sorh waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so roved. B. OWNER waives an rights against CONTRACTOR. Subcoutracton, ENGIIJEER, ENGINEER's Consultants, and the off, dircctois. parmcr8, employees, agents, and otfier consultants and subcontractors of each and any of them for: I. loss due to business interruption, loss of use, or other caoseT=tW loss extending beyond direct physical .10sa or damage to OWNER's property or the Woo�.. caused by, arising out of. or resulting from fire or other peril whether. or not insured by OWNER; and � . ,$,i.�� If CONTRACTOR requests in writing that other 9=141 Insurance be included in the property insurance ISfrpvided under paragraph 5.06, OWNER it if 14dude such i sm=, and the cost thereof will be to CONTRACTOR by appropriate Change Order or ,ice Amendment. Prior to commencement of the Work 00700 - 17 I loss or damage to the completed Pr6jed or part thereof canned by, arising out of, or r=dting from fire or other insured pail or cause of loss coveted by any ProPeM in== maintained on the completed Project or part thereof by OWNER during partial utl nflan pan= to paragraph 14.05, after Substantial Completion fr t pursi ant to paragraph 14.04, or after final payment put== to paragraph 14.07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential lose referred to in paragaph 5.07.B shall eontaia providing to the effect that in the event of payment of any 'such loss, damage, or consequential loss, the msuren will have no rights of.. recovery'. against CONTRACTOR, ' Subcontracting, ENGDAngk, or ENGINEER's Cons ulnuits and the officers, directors. partners, employees, agents, and other consultants and subcontractors of each and any of them.' 5.08 Receipt and Applicntlan of bumu rwe Proceeds A. Any insured losi ender 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 fit requirements of any applicable mortgage clause and of paragraph 5.08.B. OWNER shall deposit is a separate account any money so received and shall distribute It is accord a»ce with such agree- ment as die 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 account thereof, and the Work and the cost thereof covered by an appropriate thine order -or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insureerss uft%U One of tiie parries in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If sock objection be made, OWNER as' fiduciary shall male settlement with the insurers in K=ordm= with such agreement as the parties in interest may reach. If no such agreement among the parties is interest is rta herd, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required to writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bondr and huwcnce; Option to Replace A. If either OWNER or CONTRACTOR has any objection W the coverage Warded by ur other provisions of the Bonds or m=tnm required to be purchased and maintained by the other party in accordance with Article 5 on the basis of nonconformance with the Contract Docents, the objecting party shall go notify the other party in writing within 10 days after receipt of the arti5c4tes (or other evidence mgft ted) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such 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 shall �- notify the other party in writing of such farltre to purchase prlw..0o the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without! prejudice ti any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was :4equdred to provide such coverage, and a.Change Order shall' be issued to adjust the Contract Price accordingly., :; •,i 5.10 Pardal UdMiztfork Ac mmviadgment of Pro ".. lrrsraer A. If OWNER fends It necessary to o,xnpy or use al portion or partions of the Work prior to Substantial Completion of all the Work as provided bsparagraph 14.6.1 no such use or occupancy shall commence before the insmml providing the property insurance pursuant to paragraph 5.06, have =kwwledged entice thereof and to writing effected any changes In coverage necessitated thereby. The humm providing the property insurance shall consent by endorse -I.. merit on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of anyl such partial use or occupancy. ARTIUM 6 - CONTRACTORS RESPONSIB1LiTIE.S 6.01 Supervision and Strperintendm= A. CONTRACTOR shall supervise, inspect, and direct the work caropetently and efficiently, devoting such attention thereto and applying each sbrlls and expertise as may be, 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 eopstructioa, but CONTRACTOR shall', tit be responsible for the negligence of OWNER or ENGINEER to the design or specification of a specific titans, method, technique. segoeace. or procedure of eountractfan which is shown or indicated in and expressly' required by the Can= Documents. CONTRACTOR shall be responsible to ace that the completed Work complied accurately with fie Contract Documents. B. At an time, during the progress of the Work, CONTRACTOR shall assign a competent resident superm-: tendent thereto who shall not be replaced without written notice In OWNER and ENGINEER except miler" emaordmary circumstances. The superintendent will be' CONTRACTOR's representative at the Site and shall have atnbority to art on behalf of CONTRACTOR AD ennunmflnntirm given to or received from the superintendent shall be binding on CONTRACTOR 145WI—IMU 6.02 Lq*r, Working Hours A. CTOR shall provide competent, suitably qualified 00mel to survey, lay aid, and contract the Work as by the Contract Docmtenits. CON - at all dirnra maintain good dladpline and order at B. E as otherwise required for the safety or jjjff� A, a _.. . 111. y11 1 1lN �11 ' .11• 1 I.,N 1' Y _ 11' c Xja u.1 • , a 1, 111+1 y�. � 6.03 SeML11s, AlateriaLt, and Equomew A. Unless otherwise specified In the General Re- gouemmY l7 fRACI OR sball provide and assume fun respamsib 10 an services, materials. equipment, labor. u affipottati equipment and maddnM, tools, aPP:' Pam. fit. heat. telephone, water. sanitary ftcMihm, temporary facilities, and all other Miles and ineidetUals necessary fat the performance, .;testing. start-ttp, aletjgp of the work.' B. Ali � � and equipment incorporated lam the Work shun. 'aa specified or, If not specified, 'shall be of good tad new. except as otherwise provided in the Contract An warranties and guarantees spec' ed for by the Spbcifieakw shall expressly run to the of OWNER. If required by ENGINEER, CONTRA shall furnish satisfactory evidence .rmchrdiag' '. of required tests) as to the source, kind, and quality and equipment. An materials and equipment 1T2h 'be stored, applied. installed, connected. erected. p used, cieamed, and conditioned in accordance Instructions of the applicable Supplier, except as oq w= may be provided in the Contract Docu- ments. 1 %L.ii M. ..1 _d A SR tothe progress srbedule es with paragraph 2.07 as it may be adjustede as provided below. 1. CTOR shall submit m ENGINEER for aaxp the extent indicated in paragraph 2.07) Propm in the progress schedule that will not S wiping the Contract Trues (or Milestones). Such will conform generally to the progress scbedul .y it; effect and additionally will comply with MY provisions of the General Requirements applicable thereto. 2. Proposed ad*mtcNa in the progress schedule that will change the Contract rMM (or Milestones) shall be submitted in accordance with. the requirements of Article 12. Such atnstmema may a* be made by a Change Order or Written Ameadmeat in aaOrdimcc with Article 12. 6.05 • 'Subsliudes and 'ter-EquaLr' 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 hrtemed to establish the type. Rmetiom, ate, and quality Unless the spedlicaticu or descriptian contains or is followed by words reading that no Lilo , egdvalwt,l or "or - Baal' item or no substitution is permitted, other hems of material or equipment or matedal or equipment of other Suppliers may be submitted to ENGDMM for review under the circam- at== described below. 1. 'Or Equal' Items: If in ENGINE s sole diserction an item of material or equipment proposed by CONTRACTOR is functionally equal. to that named and t,atseimtly similar so that no d7a>r8e is related work will be required, it may be considered bYENGINEER as an 'or -equal' item, in which ease review and approval of the proposed item may, in ENGINEER's sole discretim 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 ENGINEER determines that: 0 it is at least equal in quality. durability. appearance, strength, and design characteristics: (n) 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 (ri) it will conform substantially, even with deviations, to the deMiled requirements of the item' named 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 um e i. required by the Contract Documents, CONTRACTOR may furnish or utill?e 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 discretion, to deterdtine that the sobstim proposed is equivalent to that expressly called fur by the Contract Documents. The proce- dure for review by ENGINEER. will be similar to that provided in n4aragraph 6.05A-2. C. Fjower'sEvahwtimv ENGINEER will be allowed a reasonable time within which to evalum each proposal or subm ittal made pursuant to paragraphs 6.05.A and 6.(15.B. *(15 B ENGINEER witl be the sole Judge of acceptability. �o .or-9qual' or substione will be ordered, installed or utilized now MiGrNai-s review is complex, which wili.be evidenced by chber 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 quww9ee: OWNER may require CON- TRACTOR to furnish at CONTRACTOWs cxpmw.a special . performance guarantee or other surety with respect to any substitute. E. ENGWM'jCost Rdm&w=teW. ENGINEER will —record time requited by ENGINEER and JENGU-TEMIS Consultants In evahviq& substitute proposed or submitted by CONTRACTOR pulttuant torparagre s 6.05.A.2 and 6.05.11 and in making changes in the Contract Documents (or in the provisions of any other du=A contract with OWNER for work an the Projea) occasioned thereby. Whether or not ENGINEER approves a substitute item so propbsid or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONMICTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or 'or -equal" at CONTRACTOR's expean. 6.06 Concerning Subcontractors. Suppliers, and OdwiT 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. SomWe G=&ucUdt Mediods or Procedures. If a specific means, method, technique, sequence, or procedure B. If the Supplementary Condidons require the Identity of construction is shown or indicated in and expressly of certain Subcontractors, Suppliers, or other individuals or 00700-20 R,17 .4441% TwM11213=Z., Irr=M b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that *the Item of material or equipment proposed is essentially equivalent to that mm-1 and an acceptable. syl?stitnte therefor. Requests for review of proposed -substitute items of material or equipment will not be accepted by ENGINEER from anyone other thaw CONTRACTOR c. The procedure for review by ENGINEER will be as set* forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide Is appropriate under the circtunstances. d. - CONTRACTOR shall first maim 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 anbstaace to did specified, and be suited to dic.same use as that q=i1led. The application -willstate the tlff!nt if any, to Whitt the Use Of ft.. proposed substitute hem will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute hem In the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work an the Project) to adapt the dc sign to the proposed substitme hem and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of airy license fee or royalty. All variations of the pro- posed substione gem from that specified will be Odendfiqd in the application, and available engineering. sacs, M-imen. , repair, am replacement Services Will be indicated The application will also contain an ftemited estimate of all emu or credits that will result durctly or indi- rectly from use of such substitute gem, Including costa' of redisikn and claims of other contractors afteW by guy 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. E7 n� eatides 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 (either in writing or by tarring 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 to identified may. be revoked on the basis of reasonable objection after due investigation. CON- .. TRACTOR shall submit an acceptabW replacement for the rejected Subcontractor,. Supplier, or other individual or entity, and the Coact i?ticc well be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Anw-dmem signed. No acceptance by OWNER of any such Sub'conhactof,' 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 Supper 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 Subeanttactor or Supplier who i, listed as an additional insured on the property insurance provided In paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contam. provisions whereby the Subcontractor or Supplier waives . all. rights against OWNER, CONTRACTOR,, ENGINEER, ENGINEER's Consultants. and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or addiittanal insureds (and the officers, directors, partners, employees. agents, and other consultants and-subcontricturs each and any of them) for all losses and damages caused by, arising out of, relating to, cf resulting from any of the perils or causes of loss covered by such policies and miry. other property insurance applicable to the Work. If the insurers an any such policies require separate waiver forms to be sighed by any Subcontractor or Supplier, CONTRAC- TOR well 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 Royakies Subconuactora, Suppliers, and other individuals or entities performing or furnishing any of the Wort 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.. • perfmmance of the Work or the incorporation in the .Work of. ® cciax for `the'Ue fl of any such Subcontractor, Supplier, or "' •ariy�avention, design, process, product, or device which is gfl other indivi" :or entity mry contractual relationship betweed She subject of patent rights or copyrights held by othecr.'': If OWNER or ENGINEER and any such Subcontractor, a particular invention, design, process, product, or device is Supplier or other individual or entity, nor shall it create any specified in the Context Documents: for use in the obligation on the part of OWNER or ENGINM to pay or performance of the Work and if to the actual knowledge of to see to the payment of 'my 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 or otherwise be required by Laws and Regulation payment of any license fee be gut 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 scheduling and coordinating me Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR E. CONTRACTOR shall require all Subcontractors. Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR F. The divisions and sections of the Specifications and the identifications of any Drawings shall .not control CONTRACTOR in dividing the Work among Subcontracmts 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 fullest atent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all china, costs, lasses. and Aga (including but not limited to all fees and charges of engineers, atrhitet allomeys. and .other professiosils and all court or arbitration or other dispute resolution costs) wising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Pamirs 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 r 7. I and licenses. CONTRACTOR shall pay all governmental charges and inspection fen necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no 'Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shill give all ncdces and comply With all laws and Regulations applicable to the performance of the Wort 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 Regulado s. 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, colts, tosses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitraton or other dispute resolution costs) arising out of or relating to such Work; however, - it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawb* are io.aotdance with Laws and Regulations, bit' this shall na not relieve,tON TRACTOR of CONTRACTOR's obligations undgr F.g 03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Dare of the Agreement if them 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 Contract Times. If OWNER and CONTRACTOR are unable to agree on 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 Taxis 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 during the performance'of the Work. 6.11 Use of Site and Other Area; A. LfmftatIon 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 I . 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 wjth such other party.by negotiation, or otherwise resolve the claim by arld"Hoh or other dispute resolution proceeding or at law. 3. To the tallest eiuem permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant... and the officers. directors. partners.' imployem, agents, and other consultants 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 twat or arbitration or other dispute resolution Costs) arising out of or relating 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. ,R nuolu 4Af.Debrfr During Perfomwnce of die Work:. During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accur ulations of Waste materials. rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations C. Clearing: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for Incur MM by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery. and suaptus materials and shall restore to original condition all property unt designated for alteration by the Contract Documems. D. Loading Stnrdwes. CONTRACTOR shall not load nor permit any part of any :true = to be loaded in an: mariner that will endanger the structure, nor shag CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 RecordDocumentt A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda Written Amendments, Change Orders, Work �l. Change Directives, Field Orders, and written ktaxpretatiom and clarificadom; in good order and anootat-d to show changes made during construction. These record documents together with all approved Samples and a coonmrpart of all approved Shop Drawings will be avatilable 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 Protedton A. CONTRACTOR shall be solely responsible for Wig.rnalifthAn and supervising an safety precautions and pmgrdas in connection with the Worn. CONTRACTOR shall take all neceasary precautions for the safety of, and shall provide the necessary protectim to prevent' damage, injury or lass to: ' 1. all persons on the Site or who may be affected by the Work: 2. all the Work and materials and egaipmem 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, walks, pavements, roadways, structures, utilities, and Undergrmmd Facilities not designated for removal; relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with an applicable Laws and Regulations relating to the safety. of persons or property, or to the protudon of persons or property from damage, injury, or loss: and shall erax and mamtam all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owner 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 I= 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 M&vidual 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 ENGWEER'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 far safety and for protection of dun Work shall continue tmtn such time as all die Work is completed and ENGINEEK 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 SgWy Repnrserw dw A. CONTRACTOR shall designate • a qualified and experienced safety representauve at the Site whose dudes and responsibilities shall be the prevention of accidents and the malntsining and supervising of safety precautions . and Programs. 6.15 Hazard Cmunw icarlm pmgrmnr A. CONTRACTOR shall be responsible for ubordnating any exchange of material safety data sheets or other ha=d ccmmIMication information regmced to be made available to or exchanged between or among employers at the Site in ec mft=e with laws or Regulations. 6.16 Enesgaides A. In emergeaciea affecting the safety or protection of persons or the Work or property at the Site or adjacent , thereto, CONTRACTOR !s obligated to act to prevent threatened damage°, inju il. 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 tAm by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Stop Drawings and Sample: A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Ali submittals will be identified as ENGINEER may require and in the number 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, and similar data to sbow ENGI EM the services. materialp, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited proposes 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 intwded and otherwise as ENODMM may require to enable ENGINEER to review the submittal for the limited proposes 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 requited by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related, Wmt performed prior to ENGINEER's review and approval of the pettmem submittal will be at the sole expense and responsibility' of CONTRACTOR a i1. Before submitting each Shop Drawing ar Sample, c CONTRACTOR shall have determined and verified: i:. a all field meanaemeuts, quantities, dimen- sions, specified Performance criteria, installation requirements, materials, catalog mmnbers, and similar information with respect thereto; b. all Materials with respect to inteaded use, fabrication, shipping, handbn8.-sroragei'assembly, and installation pertain tb`the performance of the Work, c. all information relative to means, methods, techniques, sequences, and procedures of constrnc- tion and safety precautions and programs incident thereto; and 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 Docu- ments. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONT RACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. $. At the time of each submittal. CONTRACTOR shall give ENOMEER specific written notice of such variations, if any, that the Shop Drawing or. Sample submitted may have from' the requirements of the Contract Do=nc fs, such notice to be in a written com- munication separate from the submittal; and, in addition, .&hall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGMM's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER ENGINEER's review anal approval will be only to determine if the items covered by the submittals will, after installation or incorporation in, the Worir, conform *to the hdbrination given in thel Contract D=mu= and be compatible with the design concept of the completed Project as a functioning whole u indicated by the Contract Documcuia. 2. ENGMEER's review and appraval will not extend to means, methods, techniques, sequences, or, procedures of constriction (except where a particular means. method, technique, sequence, or procedure of ronstruction, is specifically and expressly called for by the Contract Documents) or to safety precaiMons or programs incident tbereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENMEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibilky'.for ally variation front the require - marts of the Con>rac{ Documents unless CONTRACTOR has in writing called INGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific writ en notation thereof incorporated in or accompanying the Shop Drawing or Sample approval: nor will any approval by ENGINEER relieve CONTRACTOR .from responsibility for complying with the requirements of paragraph 6.17.D.1. P. Resubmittaf Procedures 1. CONTRACTOR shall make moons regidred 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 anbmittals. 6.18 Condnuing the 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 i� as Permitted by paragraph 15.04.or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 COMMUOR's'General Warranty and Guarantee A. CONTRACTOR waaaor and goarantem to OWNER. ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Doarincrits and will not. be defective. CONTRACTOR's warranty and guarantee here mder euludes defectr or damage caused by: 1. abuse, modification, 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. norndal wear and tear tinder normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the' following will constitute an acceptance of Work that is not in accordance with the Conran Documents or a release of CONTRACTOR's obligation m perform the Work in accordance with the Contract Docomean: 2. recarnimicodation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; ' 4. use or O=Wncy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do 0 6. any review and approval of a Shop Drawing or Sample Submittal or the issuance of a notice of ac cxptabil- 4 by ENGINEER; 7, any Inspection, test, or approval by others; or B. any correction of defective Work by OWNER 6.20 Indann#!cation A. To the fallen extent permitted by Laws and Regula- tions, CONTRACTOR Shall indemnify and hold harmless OWNER, ENGINEER, ENGDUMR's Consultants, and the offiars, directors. patmen, employees, agents, and other consuiltants and sUbconnacton of each and any of them from and against all claims, costs, losses, and damages (Including but tat limited to all fees and charges of engincin, ardiltear, ataomeys, 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 attaliatable to bodily injury, sickness, disease, or death, or to injcty tb or dmrucflor of tangible ^AroPc ty (other than the Work Itsdo, including the joss of Me resulting therefrom; and 2. is caused in whole or in Part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Sulppller, at 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 ncgli =err omit of an individual or entity indem- rrified bceaada or whether liability Is imposed upon such indemnified Party by laws and Regal -din regardless of the negligence of any such individual or entity. B. • .in coy and all claims against OWNER or ENGINEER or any of tbek respective consultants, agents, officers, directoa. Partners, or employees by ea' employee (or the survfvar or PM10nal representative of such employee). of CONTRACTOR, any Sutipm for. any Supplies, or any individual or entity dearly of indirectly employed by any of them to Perform any of the Work, or anyone for 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, or benefrta payable by ar for CONTRACTOR or any such Subcontractor. Supplier, or other individual or entity under workers' wmpensapom 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, drecmrs, partaea, employees, agents, and other coacultant: and Subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to Prepare or SPProve, maps. Drawings, opinions, reports. Suaveys. Change Orders, designs, or Specifications; or 2. giving duations 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 7.01 Related Work 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, or have other worst performed by =14 owners. If such other work is not toted to the Con- tract Documents, then 1. written nod x thereof will be. given to CON- TRACTOR prier to starting any such other worlq and 2, if OWNER and CONTRACTOR are unable to agree on cnddemem to Or on the amount or exteat, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to each a direct contract and each utility owner (and OWNER, if OWNER is performing the other wort 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 die Work with theirs. Unless otherwise provided is the ConuactdJoctmeab, CON- TRACTOR shall do all cutting: Siting. and patching of the Work that may be iegntrtd to property == or otherwise make its several parts come together and property integrate with such Omer work. CONTRACTOR shall not endanger any wank of others by cutting. excavating. or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The dories and responsibilities of CONTRACTOR under this paragraph am fur me benefit of such utility owners and other contractors to the extent that there are comparahl provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such mrtIIity owners and other ematraetos. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon writ performed by others under 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 unavailable or unsuitable for the proper execution and results of CONTRACTOR's Wort. CONTRACTOR's failure to su report will C=Sd me an acceptamx 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 thd_ 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 wi11 have authority and responsibility for coordinatina of the activities among) the various contractors will be Identified; 2. the specific matters to be covered by such - authority and responttb0ity wm71 be itemved; and 3. the extent of such authority grid responsibilities wt71 be provided. i B. Unless otherwise provided In the Supplementary Cond'idons, OWNER shall have sole authority and rcgxm- sr'bility for such coordination. ARTICLE 8 - OWNER'S RESPONS1BILdTIB.S A. Except as 01erwise provided in these General Can& tiara, OWNER • shall issue an commmmications to CONTRACTOR through ENGINFE U ' Y 8.02 Repiacoaenr ojEM'RVERR .... A. In ease of termination of the employment of ENGI- KIND • ' a i Mr a t1 era 8.03 Furrdsh Dare I A. OWNER shall promptly furnish the data rnqu¢ed of OWNER mmder me Contract Documents. 8.04 Pay Prrunp* When Doe A. OWNER shall ruins payments to CONTRACTOR promptly whey they are due as provided in paragraphs 14.02.0 and 14.07.C. i 8.05 Zmlds and Easement's: Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing enginec rig 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 explorations and tuts of subsurface conditions and drawings of physical conditions in or relating to existing tarfaee or subsurface attucatta at or contiguous to the Site that have been uttliud by ENGINEER in preparing the Contract Do=m=ts. A. OWNER's responsibilities, !f any, in respect to pia - chasing and maintivaing liability and property insurance are set forth is Article 5. .:.i • i . . 8.07 - a=qe Orden A. OWNER Is obligated to execute Change Orders as Indicated in paragraph 10.03. 9.08 LuPci iam, Tem. and Approvals A. OWNER's respons8bility in respect to certain inspec- trans, tests, and approvals is set forth in puagraph M.M.B. 8.09 ILmitadmv on OWA'ER's ReipmLsibUldex A. The OWNER shall not supervise, divot, or have control or anthodty over, nor be responsible for. CONTRACTOR's means, mcthads, techniques, sequences. " orprocedares of eouahvcdcm, or the safety precentinnsand programs Incident thereto, or for any failure -of CON- TRACTOR to comply with Laws and Regulati=—applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's faitme to perform the Work in accordance with the Contract Documents. r „. A. OWIMCa respotslb➢ity in respect to an undisclosed Iiamrdoos Environmental Car dithm is set fortb in paragraph 4.06. 8.11 EV1dmce of Fuumcial Arrmraemaas A. If and to the extent'OWNE R has agreed to famish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's Obligations under the Contract Documents. OWNER's responsibility in respect thereof will be n et forth in the Supplementary Conditions. E ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWAMIS Represmiative A. ENGINEER will be OWNER's representative during the eoffiti'ocdon period. The duties and responatbilitiu and the limitations of, authority of ENGINEER as OWNER's during 'construction am set forth in the Cantnct Docrrmmts and will net be changed without written consent of OWNER and ENGINEER 9-M Visits to Site A. ENGINEER will mate visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary is order to observe as an experienced and qualified design professional the progreas that has been made sad the quality of the various aspects of CONTRACTOR's. executed Work. Based an Information obtained daring such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general,if the Work is proceeding in accordance with the Coauact Documents. ENGINEER will not be required to make exhaustive or comet sus h0liections on the Site to cheek the quality or quantity. of the Work.: ENGE4EER's efforts will be directed toward.providing for OWNER a greater 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 Wark. B. ENGINEER's visits and observations an subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, bat without limiEatmu, during or as a result of ENGINEER's visits or observations of CONTRACTOR', Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's Mms, methods. techniques, segaenea. or proceduaea of constracdon, or the safety precautions and programs biddert thereto, or for any fatlme of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the work. 9.03 ProJea Representative A. If OWNER end ENGINEER agree, ENGINEER will famish a Resident project Representatin to assist ENGINEER in providing mare extensive observation of the WmL The responsibilities and authority and limitations thereon of any such Resident project Representative 'and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditiom. If OWNER designates another repressive or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and Authority and Gmitadoms thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Qmtfrcarions and interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or taterptetations of the rcquirp- mmft of the Contract Documents as ENGINEER may deter- mine necessary. which shall be consistent with the intent of and reasonably brferable from the Contract Documents. Such written clarifications and interpretations will. be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or eztent, if any, of any adjustment in the Contract Price.or.Contract 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 Vmiotimu In Work B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11. and 12. . C. In connection with ENGINEER's authority as to Applications for Payment, we Article 14. 9.08 Determination for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of unit Price wort performed by CONTRACTOR. ENGINEER will review -with CON- TRACTOR the ENGINEER's prelimiory rations on such matters before rendering a written decision'thereon (by recommendation of an Application fot Payment or otherwise). ENGINEER's written decision thereon 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.• ¢he provisions of paragraph 10.05. 9.09 Deddom on Requirements of Contracr Documents and Aceepwbiiity of work A. ENGINEER may amthorize minor variations in the A. ENGINEER will be the initial intecpretrs of the Work from the regailmllim a of the Contract Documents requirements of the Contract 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 apeeptability of the Work, the kept of the completed Project as a farnxlouing whole as quantities and classifica6rnoe of ijnit Price Work,' the b0iited 4y. the .Contract Documents. These may,dbat Ntatetp¢rtazimn of the requirements of duo contra Doer nests accomplished by. a Field Order and will be binding an- :..:pertaining to the performance of the Work, and_Malms. OWNER'snd also on CONTRACTOR, who shall perfdrii[ wddng dianges in the Contract Price or Contrad Times will the Work involved promptly. If OWNER and CONTRAC-: be referred initially to ENGINEER in writing, In accordance TOR am unable to agree on cndd=eni to or on the amount with the provisions of paragraph 10.05, with a request for a or eztom, 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 &=for as provided in paragraph 10.05. 9.06 P4ecting Defective Work A. ENGINEER Will have authority to disapprove or reject Wort which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that coufosma 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 regetire special inspection or testing of the Work as provided in paragraph 13.04, whether or ant the Work is fabricated, installed, or completed. 9.07 Shay Drawings, Chohge Orden and Paymeiiits A. in won with ENGINEER's Authority as to Shop Drawings and Samples, see paragraph 6.17. ' B. When functioning as intexpieter and judge ender 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 ©aim. dispute. or office matter (except any which have been waived by the making or acceptance of .final payment as provided in paragraph 14.07) will be it condition precedent to say 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 L,itnitadwu on ENt:.MM's Authority and Respon- Abilities A. Neither ENGINEER'S authority or responsibility under 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 i or respOnSlbilky or the undertaking. Cxerc!ae, or performance 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 for or employee or agent of any of them. Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Una uhorted ChmWes in the Work A. CONTRACTOR shall not be entitled to an increase In the Conusct price or an extension of the Contract T'rmes B. ENGINEER will not supervise, direct, control, or with respect to any work performed that is not regnfipd by have aufliority over or be responsible for CONTRACTOR's .. *the Contract Documents as aroihcfed, modified, or means, methods, techniques, sequences, or.ptb edurm of : supplemented as provided in 3.04, except in the or the safety precatttiaas and programs incident case of an emergency as provided in p 6.16 or 6 the thereto, or for any faihue of CONTRACTOR to comply with case of no Work Work as provided in paragraph 13.04M. Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's Mime to perform the wort in accordance with the Contract Documents. C. ENGINEER will not be responsible for the ads or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other inifividoal or entity performing any of the Warlc. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating bsshsctiams, schedules, gUarlatte• Bonds, certifieatm of Inspection, tests and approvals, and ,other. documcEtatiou required to be delivered by paragraph . 14.01.A v onfy be to demrmirK generally thm-du it comcni tompliea`'with'thE requirements of, and in the -ease -of': certificates of inspections, tests, and approvals that the results certified indicate compliance with, the 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 Repr=nU&e, and assistanu. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Auaorized Qmanges In the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from tone 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 doaonent, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provides. B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or oa the amount or extent, if any, of an adjustment in the Contract Price or Connect Times, or both, that should be allowed as a result of a Work Change 10.03 Eraaulmn of Change Orders A- OWNER and CONTRACTOR shall exec . apptopnate Change Orders recramucrulcri by ENGINEER'(or Written Amendments) covering: I. changes in the Work which are: (D ordered by OWNER pursuant to paragraph 10.01A, (n) required because of acceptance of defective Work under para- graph 13.08A or.OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed, to by the pis .n : •2: chaga in the Contract Price or Coazxart.T"rmn 'which are agreed to by the parties including anry niudispated sum or amount of time for.' Work• acdudly':.:t performed is accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written- decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in live of executing any such Change Order, au appeal may be taken from any such decision In accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but dmmg any such appeal, CONTRACTOR shall carry on the work and adhere to the progress schedule as provided in paragraph 6.18A. 10.04 Notification to Surety A. If trotice of airy 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 requited by the provisions of any Bond to be given to a mray, the giving of any such ' notice will be CONTRACTOR's responsibility. The amoant of each applicable Bond will be adjusted to reflect the effect of airy such change. 10.05 Claims and Disputes A. Polite: Written notice pith% the.pne.ral nature of Claim, cash Cl, dispute. 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 eta matter with soppmtiag data shall be delivered in the ENGINEER and rho other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for ciaimam to submit additioaaf or mom accurate data in support 'of such Claim. dispute. or other mauler). A Maim for an adjustmem in Contract Price shall be prepared in accordance with the provisions of paragraph 12.0LB. A Claim for an adlosunem in Contract Time shallbe prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement drat the adjust- ment claimed is the entire adjustment to which the claimant believers 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.ctaimam•s last submittal (unless ENGINEER allows additional time)., B. ENGDVEM's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the bug submittal of the opposing party, if any. ENGINEER.'s written decision on such Claim,' i>ulnun. or otba matt- will be final and binding upon OWNh;R, 0 CONTRACTOR unless: .1. 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 I. 2. if no such dispute resohuim procedures have bens set forth in Article 16, a written notice of intention to appeal from ENGMEFR'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 Ln uu ted by the appealing Pany 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 appe?ling party may have with respect to such Claim; dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision demymg the Claim in its entirety shall be deemed to have berm 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 or Contract Times (or kfIIestones) will be valid if not submkk in accordance with this paragraph 10.05. ARTICLE I I - COST OF THE WORK; CASH ALLOWANCES; UNrr PRICE WORK 11.01 Cost of the Work A. Costs bwkrded: The term Cost of the Work in= the sum of all costs necessarily incurred and paid by CON_. TRACTOR in the proper performance of the Work. Whim the value of any Work covered by a Change order or a Claim for an adjustment In Contract Price is deterrained od the basis of -Cost of the Work, the costs to be teimbu rsed to CONTRACTOR wMbe only those additional or coats required because of the change in the Work of the event giving rise to the Claim. Except as otherwiu may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality oi, the Project, shall include only the following hems, and shall not include any of rim costa itemized in paragraph 11.01.13. 1. Payroll costs for employees in the do,= employ of CONTRACTOR in the performance. of the Work Under schedules of Job classifications agreed upon by "OWNER and CONTRACTOR. Such employees :d�cludd_withom [imitation supe . foremen, :. other Personnel employed full time at the Site. Payroll costs for employees not employed full time out the Work shall be apportioned an the basis of their time spent od the Work. Payroll costs shall include, but not be limited to, salaries and wages phis the cost of fringe benefitso which shall hiclude social Security contributions. unem-j ploymcnt, excise. and payroll taxes, workers" compensation, health and retirement benefits, bourses,. sick leave, vacation and holiday pay applicable thereto The expenses of performing Work outside of regular' working hours, on Saturday. Sunday, or legal holidays, shall be hictuded in the above to the extent authorized by, OWNER 2. Cost of -all materials and equipment furnished: and incorporated in the Wort, including costa: of. transportation and storage thereof, and Suppliers' field services required In connection therewith. AD cash. discounts shall accrue to CONTRACTOR unlessIl OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash diseouras shall ac=e 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 mayl be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. _ If required by OWNER, CONTRACTOR shall obtain competitive bids from ors acceptable to OWNER and CONTRACTOR and shall deliver Inch bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, If any, will be acceptable. If say subcontract provides that the Subcontractor is to be paid an the basis of Cost of the W.0t -plus a fee, the subcontractor's Cost of the Work and fee shall be' determined in the same manna as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Crib of special consultants (including but not limited to engineers. architects, testing laboratories, surveyors, attarnby f, `11'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'a employees incurred in discharge of duties connected with the Work b. C,osq including transportation and mainte- nance, of "all "materials. supplies, equipment, machinery: tippiiiuiixs; office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, 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 any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. fishes, 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. Losses and damages (and related expenses) caused by damage to the Work, not compensated by Insurance or otherwise, sustained by CONTRACTOR to won with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph.s.Ob:n), proirided such losses and damages have tesuked from crow other than the negligence of CONTRACTOR, any Subcontractor. or anyone directly.or indirectly employed by any of them or pe for whose aany of them may be liable. Such losses 'shall include sademems made with' the written bonseat and approval of OWNER. No such losses, damages, and expenses &hall be included in the Cost of die Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities a the Site. h. himor expenses such as telegrams. long distance telephone calls, telephone service at the Site, cxpreasage, and similar petty cash items in calaccilon with the Work. L When the Cost of the Work is used to determine me 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 mamance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Ercladed 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 mmag- ers, eogioeas, architects, estimators, }atttoorne�ys,pala- tors, accountants. p..�..�...��hasi g � contracting age=, expediters, time....r^.Y "s, 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 11.01.A.1 or specifically covered by paragraph 11.0l.A.4, all of which are to be E., considered administrative costs covered by the CONTRACTOR's fee. ' 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR'S office at he Site. 3. Any part of CONTRACTOR's capital expenses, Including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. . 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or induectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment ugly nnPPli4: and making good any damage to property. 5. Other ovemeW or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs I1.0LA and 11.0LB. C. CONMICTOR's Fee: When all the Work is performed on the basis of cost-plus. CONTRACTOR's fee shall be determined as act forth in the Agreement. When the value of any Work covered. by a Cb mpe Order or when it Claim for at adjustment in C;Wac(Price is determined on the basis of Cost of the Work, CONT RACI OR'e fee shall be determined as set forth in paragtaph 12.O1.C. D. Doaonentadon: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting Practices and submit in' a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash AUoxt ewes A. It is understood that CONTRACTOR has included in the Contract Prix all allowances so named in the Contract Documents and shall cause the Work to covered to be performed for such sums as maybe acceptable ttz.OWNER and ENGINEER. CONTRACTOR agrees that- 1 - the allowances Include the cost to CONTRAC- TOR pess any applicable trade diseounb) of materials and equipment required by tie allow== to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costa for unloading and handling on the Site, labor, Installation costs, overhead, profit, and other -expenses contemplated for the allow - antes have been included in the Ctmtr= price and not In the allowances, and no demand for additional paymei on account of any of the foregoing will be valid. I . B. Poor to final payment, an appropriate Change�y will be issued as recommended by ENGINEER to reft actual amounts due CONTRACTOR an account of Work covered by allowances, and the Contract Price shall �- cortespandm8ly adjusted. 11.03 Uah price Wort A. Where the Contract Doeuments Provide that all t✓a part of the Work is to be Unit Price work, initially the Contract Price will be deemed to include for all Unit Prig Work an amount equal to the sum of the unit price for eacj Separately idmtified :item of Unit Price Work times the estimated quantity of each item as. indicated in the A meat. The estimated quantities of items of Unit price Wo are not guaranteed .and am solely for the .purpose or comparison of Bids and determining an initial Contract Prix. Determinations of the actual quantities and classifications Unit. Price Work performed by CONTRACTOR will made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit pr= wall be deemed to include an =am3t considered by CONTRACTOR to be adequate to cov CONTRACTOR's 6vcr lead and' profit for each sepacatel� identified item. . C. OWNER or CONTRACTOR may make a Claim fo an adjustment in the Contract Prix in accordance wit( paragraph 10.05 if: 1. the quantity of any item of Unit Price Wort Performed by CONTRACTOR differ materially snd- significantly from the estimated quantity of such item Indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Cotten Prix as a remit of having incurred additional expense of OWNER believes that OWNER is entitled to a decrease' in Contract Price and the patties are'unAbl'e to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMFS 12.01 Charge of Contract Price A. The Contract Price may only be changed by a Change Order or by it Written Amendment. Any Claim for an adjustment In the Contract Price shall be based on written notice submitted by. -die patty making the Claim to the ENGINEER and the other party to the comrw in accor- dance with the provisions of paragraph 10.05.. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Prix will be determined as follows: . I. where the Work involved Is covered by unit Pis contained in the Cain Docrantents, by applica- tion of loch Unit prices to the quantities of the items Involved (subject to the proAdom of paragraph 11.03 ); or 2. what the Wodc involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump a® (which. may include an allowance far overhead and pro5c.not, necessarily in accordance with_paragraph 12;O1,C.2); pr .. 3. what the Work involved is not covered by unit prices roamined In the Contact Documents and agree - to a lamp sum is not reached undo paragraph 12.01M.2, on the basis of the Cost of the Work (determined as CONTRACTOR's ovded in erhead ragraph 11.01) plus a Rprofit (�- mined as Provided in paragraph 12.01.C). C. CONMICTOR t Fee. The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mumally acceptable fixed fee; or 2. if a flied 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 I1.0l.A.1 and 11.0l.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred and paragraph I1.0l.A.3, the CONTRACTOR's fee shall be five PM"---, c. where one or more tiers of subcontracts an 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 1ubcontractor under .O and that P I1.0l.A.1 and any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five Percent of the amount paid to the next lower aer. . Stb�tracmr, d. an fee shell be payable on the basis of costs itemized under paragraphs 11.0l.A.4, 11.0l.A.5, and 11.01.11; e.. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which resNts in a net decrease is cost will be the amount Of the actual net decrease br'cmt plan a dedttctton is CONTRACTOR's fee by an amount equal to five Percent of such act 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 parn- gnphs 12.01.C.2.a through 12.0l.C.2.e, Inclu- sive. . . . a.i•, ;+ ... 12.02 Charge of Contract TLnes 1 A. The Contract Tames (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an Adjustment in the Contract Times (or Ivlilesmnes) shallbe based on written notice submitted by the pary malting 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 hikst(MICs) covered by a Change Order or of any Claim for an adjustment is the Canhact Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONMCTOR's Contra! A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract M= (or lvfilesttnes) due. to delay beyond the control of CONTRACTOR, the Contract Times (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 shall include, but not -be limbed to, acts or neglect by OWNER, acts or neglect of utility owner or other tot racton performing other work as contemplated by 00700 - 33 t? , 1. is t, Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONi7 CTOR's Control A. The Contract I'mies (or Mdestnnes) will not be extended due to delays within the control of CONTRACTOR Delays attributable to and within the control of a Sbbcont ador or Supplier shall be deemed to be delays wifhia the control of CONTRACTOR 12.05 Delay: Beyond OWNER's and CONTRACTOR': Control A. Whew CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Tmim (or Xffiestones) due to delay beyond the control of both OWNER iiid CONTRACTOR, an extension of the Contract rm&ei (or Nfiileseones) in an amoxmt equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 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 fires, 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 ban 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.M Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual lmowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. - 13.02 Access to Work A. OWNER, ENGINEER. ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with Jurisdictional interest/ 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 axes and advise them of CONTRACT'OR's Site safety procedures and programs so that they may comply therewith as applicable. A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspection, 1, tests, or approvals and shall cooperate with inspection and testing'persoaoel to facilitate repaired inspections or testa. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections. tests, or approvals required by the Contract Documemsexcept J. for inspecdons, casts, or approvals covered byl paragraphs 13.03.0 and 13.03.D below;' 2. that costs incurred is connectioa with tests or inspections conducted punvaw to paragraph 13.04.BI shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in .the Con- tract Documents. C. If Laws or Regulation of any public body having jarisdictioa require any Work (or part tbercot) specifically to 1 be inspected, tested, or approved by an employee or other representative of such public body. CONTRACTOR shall assume fail responsibility for arranging and obtaining such Inspections, tests, or approvals, pay all costa in connection': therewith, and furnish ENGINEER the required certificates of inspection or approval. D.. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any; inspections, tests, or approvals required for OWNER's and ENGINEER's 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 shall be performed by organization acceptable to OWNER rod'. ENGINEER. B. 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. F. Uncovering Work ss provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has gives ENGMMR timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response -to such notice. 13.04 Uncovering Work A. If any Work b covered contrary to the written Legaest of ENGINEER, it most, ]f requested by ENGINEER, . trc'uneovered fur ENGINEER•, observation and replaced it- - CONTRACTOR's expense.' the Work shall not give rise to any duty on the part of OWNER to exercise this right for the bench Of CONTRACTOR, IMY Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 ' Correction or Rwnovaf of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, insWled, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that Is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all few and charges of eagmeera, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction 'or reiaoval (fig but not limited to all costs of repair or replacement of work of others). . rr. It ENUINMR considers it necessary or advisable such that covered Work be observed by ENGINEER or inspected 13.07 Correction Penod or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise maim available A. If within one year after the date of • ubstantial 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 an 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 Cormr-da *such Work is defective, CONTRACTOR shun pay -all -Documents or by any specific proviaioa of; the Contract Claims.. coats, losses. •and damages (including but not limited Documents, any Work is found to be defective; orif the to all few and charges of engineers, architects. aftot aeys..and ' Tepair of any damages to the land or areas made avaiiiable.for 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 collated lu paragraph 6.1 LA its found to uncovering, exposure, observation, inspection, and testing. be defective, CONTRACTOR shall promptly, without cost and of satisfactory replacement or r>xunmtuction (including to OWNER and in accordance with OWNER's written but not limited to an costs of repair or`replacemeat of work instructions: (i) repair web defective land or areas, or (n) 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, OWNER may make a Claim replace it with Work that is not defective, and (iiu) satisfac- therefor as provided in paragraph 10.115. If, however, such tinily correct or repair or remove and replace any damage to Work is not found to be defective, CONTRACTOR shall be other Work, to the work of others or other laud 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 both, directly anribut- 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 loss or testing, replacement, and recoatsuction. If the parties are damage. OWNER may have the defective Work corrected or unable to agree as to the amount or extent thereof, CONTRACTOR may Maio: a Claim therefor as provided In repaired or may have the rejected Work removed and replaced, paragraph 10.05. and all Claims, costa, losses, and damages (including bin not limited to all few and charges of 13.05 OWNER May stop the Work engineers, atrhitccta, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such corrects 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, oz any portion thereof, until the cause for web order has been eliminated; however, this right of OWNER to stop on or repair or removal and replacement (Including but not limited to an costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. 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 item may start to rut 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 bean corrected or removed and replaced under this paragraph 13.07, the correction period hereander with respect to such work will be extended for an additinnal 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 warraniy. The provisions of this paragraph 13.07 shalt not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part oil the Site, take possession of all or part of the Worst and suspend CONTRACTOR's servicca related thereto; take possession of CONTRACTOR's tools, appliances, con -I stnu tioa equipment and machinery at the Site, and incorpo- rate in the Wort all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR butt which ate stored elsewhere. CONTRACTOR shall allawl OWNER, OWNER's representatives. agents and employees, OWNER's other comraetors, and ENGDJEER and ENGINEER', Consultants access to the Site: to enable OWNER to exercise the rights and remedies under this per• l C. All Claims, costs. losses, and damages (including 13.09 Acceptance of Defective Work but not limited to all fees and . charges of engineers. archlteexa; attorneys, and other professionals and all court or A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred orl replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies ENGINEER'■ recommendat= of final payment, under this paragraph 13.09 will be charged against CON-1 ENGINEER) prefers to accept it, OWNER may do .so. TRACTOR, and a Change Order will be issued incorporating CONTRACTOR shall pay all Claims, costa, losses, and the necessary revisions in the Contract Documents with damages (inchrdarg but not limited to all fees and charges of respect to the Work; and OWNER shall be entitled to an engineers, architects, attorneys, and other professionals and appropriate decrease in the Contract Price. If the parties are all court or arbitration or other dispute resolution costs) es onahle to as to the amount of the 4nx"neent OWNER _ attrributable to OWNER's evaluation of and determination to may make a Claim therefor as pmvided'io paragraph 10.05. accept: such. defective Work (sock costs to be approved by. Such claims, costs, losses and damages will.includo but -not •ENGINEER as to reasonableness) and the diminished v0d6:: be limited -to all costs of repair, or replacement of *oik of rq� the::.Work- to the. extent tot otherwise paid':R►y-:r•ctht destroyed or damaged by cotrzctioIt;-..temovaj, :or CONTRACTOR pursuant to this =d'++M. If any such reptatxment of CONTRACTOR's defective Work. acceptance occurs prior to ENGBMER's recommendation. of I final payment, a Change Order will be issued incorporating D. CONTRACTOR shall not be allowed an eunensioni . the necessary revisions in the Contract Documents with of the Contract Ties (or Milestones) because of any delay respect to the Work, and OWNER shall be entitled to an in the performance of the work attributable in the exercise by appropriate decrease in the Contract Price, reflecting the OWNER of OWNER's rights and remedies under this! diminished value of Work so accepted. If the parties am paragraph 13.09. unable to agree as to the amount thereof. OWNER may make a Claim therefor as provided � 10.05. If m paragraph 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 OWAZER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written nodcq.from ENGINEER to correct defective Work or to remove and replace rejected Work as required 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 falls to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice 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. The schedule of values established as provided in' 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 Progrw payments on account of Unit Price Work will be based on the mmd= of units completed. ,� v tiIIt7j 0 14.02 Prvgreas Paymentr A. Applications for Paymew 1. At least 20 days before the date established for each progress payment (btu not more often thaw once a month), CONTRACTOR shall submit to ENGINEER for review an Application for PaymeruYilled am and signed by CONTRACTOR covering the Work completed as of the date of the Application and accoir mdcd by such supporting docamentatioo as is required by the Contract Documents. If payment Is requested ou 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 shad also be accompanied' by a bill of sale, invoice, or other docu- mentation wmrenting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property it === or other arrangemeab to protect OWNER's interzst therein, all of which must be satisfactory to OWNER 2. Beginning with the second Application for Payment, each Application shall inchrde an affidavit of CONTRACTOR stating that all previous progress Pay='* received on tsxatatt of the Work have been applidd' 6i> ''eo€amt 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. ENGINEER's recommendation of any payment requested in an Application for Payment will cmdtme a representation by ENGINEER to OWNER. based on ENGINEER's observations on the Site of the•eze=W Weak 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 on evaluation of the Work as a functioning whole prior to or upon Substimdiil Completion, to the results of any subsequent tests called for in the Contract Documents, to a- final determination of quantities and clan ' rationt4br Unit Price Wo& under paragraph 9.08; and to any other qualifiratim,a stated in the won); and C. the . Conditions precedent to CONTRACTOR's being entitled to such payment .appear to have been fulfilled in so far as it is .". ENGDIEER's tesponsibIlity 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 is progress. or involved detailed hispections of the Work beyond the responahjMdes specifically assigned to ENGINEER in the Contract Documents; or (ih) that ' Ahem: may not be oil= matters or issney . betweed the ' -parties that might entitle CONTRACTOR to be paid' '''r?°''addid6iially by OWNER or entitle OWNER to'witAbld'^'• payment to CONTRACTOR. 4. Neither ENGMEER's review of CONTRACTOR'S Work for the purposes of recom- mendhil; 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 procedores of construction, or the safety bons and programs incident thereto, or for CON- TRACTOR's f aim 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 Sscertain 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 Bens. 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- dons 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 teats, L ch M revise or revoke any suc, 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- Menfi b. the Contract Price has been reduced by Written Amendment or Change Orden; .1, 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 occurrence of any of be events enumerated in pare- r' graph 15.02.A. ' i' C. Payment Becomes Due r 5 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendardw the amount recommended will (subject to the t provisions of paragraph 14.02.1)) become doe, and when i .. due will be paid by OWNER to CONTRACTOR. D RedrtCictt in,Payment 1. OWNER may refuse to maim payment of the full amount recommended by ENGINEER because: a. claims have been madc against OWNER on account of CONTRACTOR's.perfotmanx or fir- nishing of the Wmfq b. . Lien have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discb'arge of such I3em; c. there are other items entiding OWNER to a setoff against the amount recommended; or . d. OWNER leas actual knowledge of the occar- �rcn a of any of the events enumerated in paragraphs 14,02.B.5.a through 14.02.B.S.c or paragraph 15.02.A. 2. If OWNER nduses to make payment of the fall amount recommended by ENGINEER, OWNER mist give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating be reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER auall prosy pay CONTRACTOR the amount so withbeld, or any adjustment thereto agreed to r 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 amoi= wrongfully withheld shall be treated as an amount due as i determined by paragraph 14.M.C.1. 14.03 COM}'tdt 7'OR's Wmrany of 7-uk A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any i 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 ail Liens.' 14.04 SubstaroW Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the e - Work is substantially complete (except for Items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate . of Substantial Completion. Promptly - thereafter, OWNER, CONTRACTOR, and ENGINEER -shall malti an4ntpectith on of the Work to determine e siatns •` -of completion If ENGINEER does not consider the Work substa» W, " cbrilplete, ENGINEER will - notify"'' CONTRACTOR in writing giving the reasons therefor. If i 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 corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considcring such objections, ENGINEER concludes that the Work -is not substantially complete, ENGINEER will within 14 days after submission of the tentative certifncate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER onsiders the Work substantially complete, ENGINEER'will . 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 tesponsbtli- lies pending find . CONTRACTOR with Payer between OWNER and respect to security, operation, safety, and protection of the Work, maintenance, heat. Attica, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and w fSto Co s Issuing the �definitive certificate Of Substantial ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to ezchrde CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access m complete or correct items on the tentative list. 14.05 Parad Uo7izall0n 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 constmtes a separately ftmciioomg and usable part of the Work that can be used by OWNER for its intended purpose without signifiani interference with CONTRACTOR's Performance of the remainder of the .Work, may be accomplished print tp Substantial Gomple on of all the Work �1 anbject to the following conditions. ..,a/ 1. OWNER at any time may request CON- TRACTOR is writing to permit OWNER to use any such part of the Work which OWNER believes 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 Mach 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 sash 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. Withm a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an ingmAion of that part of the Work m determine its stains of completiem. 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 Substeu W Completiou of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. the Worko "Palley or boa of part of may occur Prior to compliance with the rcquircmcuts of paragraph 5.10 regarding property insurance. 14.06 Fora! inipealon " A. Upon written notice from CONTRACTOR that the entire Work of an agreed portion thereof is complete, ENGDMER will promptly make a final inspection witfi (*MM and "CONTRACTOR and will notify CON- TRACTOR in writing of an particulars in which this Inspection reveals that the Work is incomplete or defective. CONTRACTOR shall hey take such weasurua as are aecossary to complete such Work or remedy such deficiencies. .. I . 14.07 Faro! paynwa A. AppGcadoa for paymew 1.. After' CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final in accordance with the mspectiom and has delivered. Contract Documents, all mah, tenauce and operating instructions, schedules, guarm- tees, Bonds: certificates or other evideact of iosurance . cetti5catrs of inspection, mmked-up record documents (as provided -in ParBgrajih 6.12). and other documents, CONTRACTOR may make application for final payment foIIowmg the Procedure for progress payments. 2. ' The final Application for Payment shall be et:compaoied (except as previously delivered) by: n all documentation called for in the Contact Documents, including but not limited to the evidence of insurance requited by subparagraph 5.04.B.7: (H) consent of the sutetY. if any, to final Payment; and Cliff complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Wort. I In lieu of the releases or waivers of Bens 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: (i) the releases and receipts include all labor, services, matenal• and equipment far which a Dien could be filed, Payrolls, material and equipment balls, and other indebtedness cemntected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcomtramn 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 Licm I B. Review of Application and Acceptance 1. If, an the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER', review of the final Application for Payment and accompanying documentation as required by the Contact Documents, ENGINEER is satisfied that the Want has been completed and CONTRACTOR's other obligations under 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 time 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 xFmmm"ded by ENGINEER will became due'and, wittff dui;; ViVuli be paid by OWN- ER to CONTRACTOR..., ,: 14.08 Final Completion Delayed . A.' If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER aha . 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 folly completed or corrected is less than the retamage stipulated in the Agreemem,' and if Bonds have been furnished as req Bred in paragraph 5.01, the written consent of the surety to the paymcat 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 terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claim A. The malting and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, e=ept Claims arising from =aet0�I Liens, from defective Work appearing after fin,._ inspection put== to paragraph 14.06, from b t t to amply with the Contract Documents or the terms of ad special guarantees spxified therein, or frai CONTRACTOR's continuing obligations under the Contract Documents; and 2, a waiver of all Claims by CONTRACTOk against OWNEk other than time previously made in writing which are"still unscWe& ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .`x io 15.01 OWNER.May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of nJ more than 90 consecutive days by notice in writing to C014,. TRACTOR and ENGINEER which will fix the date on which Work will be resumed. 'CONTRACTOR shall resume th Work on the date so fined., 'CONTRACTOR shall be alhrwe an adjustment m the Contract Price or an extebs ion of the Contract Tunes, or both, R d4witly attributable to any sun t- suspension ii' COth- r ILOmakra a Claim therefor a provided in paragraphcLOiQ1. 15.02 OWNER May-Tenninare for Cause A. The occurrence of any one or more of the following events will justify termination for cause: i 1. CONTRACTOR's persistent farlure to performs the Work in accordance with the Contract Documents (including, but out limited to, failure to supply sufficiei skilled workers or suitable materials or equipment a.•. failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws a' Regulations of any public body hating jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Doeumeats. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may; after giving CONTRACTOli (and the surety, if any) seven days wdttea notice, terns*A^ �.I111 ,1 E the cervices of CONTRACTOR, ezclode CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, conshuctiam equipment, and machinery at the Site, and use the same to the. fuIl extern they could be used by CONTRACTOR (without liability to CONTRACTOR for =Pan or conversion), incorporate in this Work all mammals and equipment tamed at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem ezpedicnL m 'such ,ease, CONTRACTOR shall not. be entitled to receive any further paymmf until the Work Is fmLshed. If the ®paid balance of the Contract Price exceeds all daims, coats, losses, and damages (including bit not limited to all fees and charges of engineers, architects. anarneys, and other professionals and all court or arbitration or other dispute resolution. costs) sustained -by OWNER aiismg out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such mrpaid 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. Whoa 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'serviEa have been so terminated by OWNER, the termfti f `wlll-m.zffect any rights or remedies of OWNER against CONTRACTOR than existing or which may thersaRer accrue: Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. ISM OWNER May Terminate For Qnvadem:e A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may. without cam and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. in such case, CONTRACTOR shall be paid (withutrt duplication of any items): I. for completed and acceptable Work executed in accordance with the Contract Documents prior to the of active date of termination, Including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective data of termination m performing services and furnishing labor, materials, or equipment as requited by the Contract Docents In connection with uncompleted Work, plus fair and reasonable sumo for overhead and profit an such expenses; 3. for all claims, costa, losses, and damages (including but not limited to all fen and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costa) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and B. CONTRACTOR shall• not be paid on account dim of anticipates profits or m-mmeror other economic loss arising oat'of or resulting from such termination. 15.04 CONTRAMR May Stop Wont or Terminate A. If, through no act or fink of CONTRACTOR, the Work is suspended for more thou 90 cousecative days by OWNER or order m order of court thi other public authority, or ENGINEER fails to act on a7 Appiicadoa for payment within 30 days after it Is submitted, or OWNER fails for 30 days to pay CONTRACTOR any ermm finally determined to be due, than CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or bum within that time, terminate the Contract and recover from OWNER payment on the same teems as provided hi paragraph 15.03. in lieu of terminating the Comract and without P to any °; right err remedy. if ENGI- NEER has faced to act on an Applu�utioa for payment within 30 days after it Is sabntitfea;Ak OWNER has failed for 30 days to Pay CONTRACTOR any summ finally determined to be due. CONTRACTOR may, seven days after written entice to OWNER and ENGINEER, stop the Work until payment Its made of all such amounts due CONTRACTOR, Including i"n""at thereon. The provisions of this Paragraph 15.04 are nor intended to prechrde CONTRACTOR from making a Claim ender Paragraph 10.05 for an adjustment in Contract Price or Contract Tunas or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Wort as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Mdhods and procedures A. Die = resolution methods and procedures, if arty. shall be as sex forth in the Supplementary Conditions. If no method and procedure has been act forth, and subject to the Provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such tights or remedies as either may otherwise base under the Connect Documents or by Laws or Regulations in respect of any dispute. 00700 - 41 ARTICLE 17 - bUSCELL ANEOUS 17.01 Gh* Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, 'ii will be deemed to have been validly given if delivered in person to tie int ividoal or to a member of the firm or to an officer of the corporation for whom h is intmded, or if ddtvered at or scut by registered or certified mail, postage prepaid, to the last business address kOM to the giver of.the.nodx. 17.02 Con p oadon of7bnes A. When any period of there is ref=W to in the Contract Documents by days, it will be computed W ezchtde the first and include the last day of such period. If the last day of any sack 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 eompatation. 17.03 ' . Ckmu ative Ranedin A. The duties apd obligations kposed by these Gencral Conditions and ft'iijhts and remedies available hereunder to the parties hereto aro In addidon to, and are not to be constt'ued in mW way as a liminttloa of; soy_ and able remedies availto any or all of them whirli dreotherwise ;.q•:; ..imposed or available by Lawa.or.RCgult,gan4,•-bS' warranty or guacan>u, 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, and remedy to which they apply. 17.04 &wWval of Obligateonr A. AD representations, indemniflcatim, tvarrantia, and gtmrant m made in, required by. or gives in accordance With the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Watt or termination or completion of the Agreement. 17.05 CoturoUing Law A. This Contract is to be governed by the law of the state in which the Project is located I SPECIAL CONDITIONS OF THE CONTRACT These special conditions amend the general conditions of this project by addition or deletion of certain provisions. The paragraph numbers for special conditions correspond with the affected paragraph numbers of the general conditions. All other paragraphs of the general conditions remain unaltered. Work -related specifications of a general nature can be found in these specifications. SECTION 1.01 — DEFINED TERMS Add the following new paragraph to Section 1.01: Accompanying these specifications and forming an integral part thereof are the following drawings the 2003 La Porte City -Wide Sidewalk Replacement Project Sheet No. Title 1. Cover Sheet 2. Project Locations 3. Standard Details The contractor is responsible for following where applicable the latest local and county standard specifications and details with latest amendments, addenda and revised drawings. SECTION 5.01 - PERFORMANCE AND PAYMENT BONDS Add the following sentence to the third paragraph: Also include in the proposal all premium costs for the Bonds. SECTION 6.09 - LAWS AND REGULATIONS Add the following paragraph: CONTRACTOR shall comply with all Federal, State and local laws governing prevailing wage rates. Prevailing wages in Harris County area are shown at the end of the Special Conditions of the Contract SECTION 6.16 — CONTINUING THE WORK Add the following paragraphs: The order of completion shall up to the CONTRACTOR but shall be in a manner that is reasonable and prudent and lends itself to timely and orderly completion of the project. SECTION 6.11 — USE OF SITE AND OTHER AREAS Contractor access shall be from and along the various streets of the City of La Porte. Under no circumstances shall the contractor block or otherwise obstruct private driveway access to one or more private residents. The Contractor shall be responsible for any damage or harmful effects to City roadways and thoroughfares caused or as a result of sidewalk improvement operations. SECTION 14.01 — SCHEDULE OF VALUES Add the following sentence to the last paragraph: The OWNER, the City of La Porte is a tax-exempt governmental entity, Tax ID No. 74-6001552. Add the following paragraph after the above sentence: Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code §151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and, accordingly, Contractor SC-1 shall not collect Texas sales and use taxes from Owner with respect to this contract. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311(i) tangible personal property that will be incorporated into Owner's realty; (ii) tangible personal property that is necessary and essential for the performance of this contract and is consumed entirely, on the job site; and (iii) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provision for Texas sales and use taxes with repect to such exempt items in any bid or contract amount, and (ii) shall pass on to Owner cost savings due to the exempt items in any bid or contract amount, and (iii) shall pass on to Owner cost savings due to the exempt status of such exempt items. Contractor's contracts with all subcontractors to Contractor shall include the foregoing provision regarding the exemption from Texas sales and use taxes. SECTION 14.02 — PROGRESS PAYMENTS Add the following sentence to the first paragraph: The OWNER will pay for installed items at the contract unit price only as determined by the bid form. Add the following paragraph: Furthermore, should the progress of the work fall substantially behind the CONTRACTOR's approved construction schedule, the value of the work not completed on schedule as determined from the CONTRACTOR's approved schedule of values may be deducted from the moneys due on partial payments until such time as the CONTRACTOR regains its construction schedule or provides evidence that the delays are beyond his control. SECTION 14.07 - FINAL PAYMENT Add the following paragraph: Final Payment shall not be made to the CONTRACTOR until the Owner has accepted the project in writing. SC-2 I PREVAILrNQ WAQE FtdTE DET EEU NAmN BUILDING CONSTRUCTION TRADES COUNTY NAME: HARRIS Data Printed r ApA 19,1997 SO.00 In the rate Bald trrdkates'Irmirdent data was reeeMed to determine a pravaHing wage rate for rrdQ or eubeoatractor does not violate d6 section H a�IIcri � 04 Pfing aaPh C statex 'A a dateetor the P"NaMng wage rates and spe* the rate* In the cor� g e contract does not determine Provided in SeWon 2258.OZZ' Piaperry d aonaW Swree9 Cornmi=bn aaaW 04 1996 Surmy Rmft General Services Commission 1711 Sao hdato - P.o. B= 13047 Am -an. Teat 78711-3047 Web Site: www.SscJMe.tx.rrs 0. (312)463-3035 .Pertinent Information to All Public Entities Using Prevailing Wage Rate Detertrifnatidms - Produced by the General Services Commission The contracting entity awarding any contract for non -federally funded, public worsts construction projects (regardless of size or CIOUr• value) shag hdude in bid specification documents and contract documents it prevailing wage rate determination of per diem wages for the locality in which the work Is to be performed; for each haft or type of workman or mecharile 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 BufidirW Consinrction Trades, and (3) the Department of Labor (DOW Heavy Highway Determination. The DOL Heavy Highway rates are to be paid to workers engaged in silo 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 apPlkable Prevailing Wage'Rate Detemiinaton in a prominent. Am& accessible ptace. at •the work site. 3. It shall be the responsibility of the contracting entity to ensure that not less than the posted, specltied rates are paid to all classifications of workmen, mechanics and laborers employed by the General Contractor and/or Subcontractors, In the execution of their contract with the contracting entity, and to ensure that all workers fit Into one of the fisted worker classifications for work of a similar character. For example, • welders are to be paid the vale 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 compktints of all violations of the provisions of Chapter 2258 Texas Government Code Title 10. 5. It shalt be the responsibility of the contracting entity to address the issue of fringe benefits in the bid specification documents and contract documents. The Prevail ng Wage Rate Determinations produced b the General Services Commission Include fringe benefits in the total wages. 'ilie bid specification y documents and contract documents need to specify whether the contracting entity is requiring that fringe benefits be paid. 6. It shelf be the resportsibillty of the contracting entity to•address the Issue of the use of apprentices and tfieir payment rate in the bid specification documents and contract documents. The rates specSrod in the Prevailing Wage Rate Determination produced by the General Services Commission are journeyman rates Historically, the apprentice rate is commensurate with the experience and skill of the worker. For example, on GSC projects, apprentices are paid at a rate of not more than 60% of the journeyman's wage. Also on GSC projects, at no time shall a joumeyinon.supervise more than one (1).apprentice. Note: The terms journeyman and apprentice apply to bcth union and Independent vmrkers, and are not Intended to Imply that these positions are union workers only. 7. Some Prevailing Wage Rate betenninations for Building Construction Trades may indicate $0.00 in the Total Wage' column, rather than a dollar amount In such cases, The General Services Commission did not receive sufficient survey data to tabulate a prevailing wage for this worker classification. In the spedtied area, and can riot provide a prevailing wage rate for thlm classification. Where this occurs, General Contractors and Subcontmetors shall not be bound to a prevailing wage rate for the dasaltication in question. . m16110.0 WM rae ..—J�Cwfy General Services Commission 171 I San Jadnm . P.O. act: 1 j047 Auxin. Tan 7871 I-3047 Web Site: www4=-5raratx.ds (312)463-3035 Prevailing Wage Rate Determination informatlon The following information from Chapter 2258 Texas Government Code Title to sh spectould be inducted in your bid ficellon documents and contract documents 2258.021. Duty at Governmental Entity to Pay Prevailing Wage Rates (a) The state or any political subdivision of the state shag pay a worker employed by it or on behalf of it (1) not less than the general prevailing rate of per dlem wag bes for work of a stmgar charailer gtecaGty In which the work Is performed; and. (2) not less than the general prevaiing We of per diem wages for legal holiday and overtime work Y (b) Subsection (a) does not apply to maintenance vwrk. (c) A worker Is employed on a public work for the purposes of this section if the worker Is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political suldlvlslon of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevalling 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 under Section 2258.022 to a worker employed by a in the execution of the contract. (b). A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day of part of the day that the worker is.paid less than the wage rates stipulated In the contract. A public body awarding a contract shay epedfy this penalty in the contract. Note: This penalty applies even If the contractor or subcontractor and the worker come to an agreement on the underpaid wages (sec Attomey General Opinion DM-469). (c) A contractor or subcontractor does not violate this section If a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contrail as provldQd by Section 2258.022. (d) The public body shag use any money collected under this section to offset th costs inrvrred in the administration of this chapter. (a) A municipality Is entitled to collect a penalty under this section only d the municipality has a population _. of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment (a) A pu6Uc body awarding a contract, and an agent or officer of the public body, shag: (1) take cognizance of complalnts of all violations of this chapteF committed In tho execution of the contract and (2) withhold money forfeited or required to ba withheld under this chapter from the payments to the contractor under the contract, ezcepl.that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. N•nlaw u..6 two Installer Finisher Wo�r1ass(f(catiott DefirtitIorl Sheet Comnamicationtrefecor htstaaer kwaaelfcaft ir>sta Mechanic Bing erinstaa removes wor er who ouads wood structures, or structurm of any ntate—ru has rePlacod wood. indudes rough and finish car=M4hn�,entry, hardware and Worker whet and/or Odor r9verin Worker whhiels and finishes conrnteWorfmrwh/telephone and t¢lorision cable and �sodated rsavipmerd iesWorker who hstafis "a wbo grids and cel framed waifs and ca�ngs, drywall CNe fts`ca� — -w- craltsrrnan who InstaAS w repairs electri al whing and davlxs ir?dudes ore alarm +lYstoms, and WAC eleetrlcai controls Craftsman skilled In the hnstaaaGod and maintenance of elevators laem worker who sprays or applies fire proofing materials. y My Equipment operator Worker who hutaas glass, .glazing and glass f `a"'b'g" ~— htdudes but not. gaited to as Cat tractors, all der kkjowered all Pocranes, back wer operated hoe, bade Geer , power operated shovel, wfrxh nxQ*> . Irtrek, all LmWft Iron Worker Uor ftef Wod®r Who aPP6es. sPmYs. Of hLstaas hLlrtaLOn. $tiled craftsman who erects structural steel framing and =taAs structural concrete debar. redhfelper WorkerquaGaed tw o and loots, ltatrang, di *j unskilled orsemk Lf-skived wormng, ouryMg materials g9 mg. vP. leaner/Ptaslerei Worker who Installs metal framing and IattL Worker who applies plastar to Iahing and Instills associated aceessodes. LVU Equipmentincludes but not am+tod to air compressors, Wdt ,(ason crane drlvef, flex Plane, buaduug elevator, form grader, concrete mbmf (lass than 14 CO. coconveyor.Craftsman • who worts with brick block or any fetal BuadInp assembler svbstibu!rng for arose materlals�and nOW �K,..r a� malaria! tillwright Workerwho assembles pre -made metal bUU&gs. Medtardc sPedaltdng In the installation of heavy trsacluInery, conveyance, wrenches, dolt levelers, hYdrauac QRs and sago ebnteoWaa Covering installer Pumps Worker who Prepares mg. applies wad surfaces and paW and/or wall coverings, tape and bedQ• pofitter Tminedworkar who installs PIPt n9 systems, dnaled water pfping and hot water (booed Plift Pneurtsaae tubing controls, digars, bollers, and eswdated mechanical equlpmenL amber Shed Craftsman who installs domesac hot and cold water piping, waste piping. storm system piping, water closets, sinks, urirm►s vier and'related work Worker who Installs roofing materials, chasten (asphalt and cold taQ, teas, Metal Worker flashingsset , an types fing membranes and associated products. Worker who Installs sheet metal Products. Root metal, tlaWngs, end curbs,. ductwork, medlcW equipmerq, and associated Inkier azzo Worker Metals. Worker who trtstantab rims sprinkler P systems and Ilse pro tgedon ogtrlpment. Seaw Craftsman who places and finishes Toaa=. Worker who Prepares Waa and/or floor surfaces and appoas ceramic tees to these surfaces. etproofedCauikar Worker who applies water proofing material to buad sealant, cau% sheet membrane, � Products Indu a uid membranes r on, S sprayed rolled, orbrtrshed SUPPLEMENTARY CONDITIONS OF THE AGREEMENT CLP Project No. 2002-4503 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 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 SC4, 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 five hundred dollars ($500.00), it being understood between the parties hereto that such sum shall be treated not as a penalty, but as liquidated damages for 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 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 SC-4 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 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 clean" 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. 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 OWNER, the CONTRACTOR shall remove such storage facilities or equipment form the site. 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 SC-5 advance of trench excavation. The cost of repair of existing utilities damaged by the CONTRACTOR shall be borne 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 underground structures or obstructions not shown on the plans or found in different 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 t he a ssistance o f workmen u nder h is i mmediate s upervision, work n of I ess t han f ifty 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 c omplete I ist o f s ubcontractors m ust b e s ubmitted within ten (10) d ays a fter start-up. 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 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. SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER. 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 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 contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: SC-6 General Liability: Commercial General Liability General Aggregate Personal Injury Each Occurrence Automobile Liability: Combined Single Limit Excess Liability: Umbrella Each Occurrence Each Aggregate Worker's Compensation: A. Definitions: $1,000,000.00 $1.000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 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 contractor's 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 p art of the s ervices t he contractor has undertaken to p erform o n the p roject, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or a mployees o f a ny entity which f umishes p ersons t o p rovide s ervices o n t he p roject. "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 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 employees of the contractor providing services on the project, for the duration of the project. 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 contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 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 SC-7 (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 (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 o f t he C ONTRACTOR w ho will p rovide s ervices o n t he Project w ill b e c overed b y workers' compensation coverage for the duration of the Project, that the coverage will be based SC-8 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 b y t he C ONTRACTOR w hich a ntitles t he O W NER to d eclare t he C ontract v old i f t he 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 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 attomey 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. 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 bonds in the amount required for the Contract, which authorization must be recorded in the files of the Texas State Board of Insurance; 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 SC-9 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. 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. 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 expressly comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage for the Harris County area as attached at the end of the special 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 will be the final interpreter of the requirements of the contract documents and sole judge of the acceptability of work thereunder. SC-10 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. 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 Mediation Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Mediation 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 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. Limitation on Consolidation or Joinder. No mediation 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, CONTRACTOR or any other person or entity sought to be joined. No mediation 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 mediation. No person or entity other than the OWNER, CONTRACTOR shall be included as an original third party or additional third party to an mediation whose interest or responsibility is insubstantial. Consent to mediation involving an additional person or entity shall not constitute consent to mediation of a Claim not described therein or with a person or entity not SC-11 described therein. The foregoing agreement to 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 mediation must assert in the demand all Claims then known to that party on which mediation 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. SC-12 SUMMARY OF WORK 1.0 DESCRIPTION a. The Work- The major work consists of providing the necessary labor, materials, equipment, supervision, and management to construct approximately 1917 linear feet of four foot wideffour inch thick concrete sidewalk and fifty-two wheelchair ramps. b. The P_rtject Site- The project is located in the City of La Porte, Texas in southeast Hams County, Texas. The City of La Porte may be reached by taking S.H. 225 west to S.H. 146. The project site is located on Harris County Key Map No. 539-R, W, X, No. 578-C. D, and No. 580-P. City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Telephone: 281-471-5020 n001F17T2-U-rf=T= City of La Porte 604 West Fairmont Parkway LaPorte, TX 77571 Attention: Robert Alden Cummings Telephone: 281-471-5020 2.0 WORK SEQUENCE Within 10 days from the date of the Notice to Proceed, the Contractor shall submit a construction schedule to the Engineer for approval. The schedule shall be in the form of a Gantt Chart (bar chart) and shall indicate the order in which the work is to be performed. The sequence and interdependence of all major activities must be shown. The schedule shall be drawn to a calendar time scale. The commencement and completion dates for each activity shall be shown, as well as the.duration in calendar days, for each activity. The schedule shall show not only the activities for actual physical construction of the project, but also the activities such as the Contractor's submittal of shop drawings and the Engineers review and approval of the shop drawings. Failure to include any element of work required to complete the project within the scheduled contract time shall not release the Contractor from his obligation to complete the work in accordance with the contract documents. The Contractor shall update the construction schedule monthly to reflect the progress of the work. The updated schedules shall be submitted to the Engineer for approval. Monthly partial payments will be dependent upon submission of an updated construction schedule satisfactory to the Engineer. 01010-1 SUBMITTALS 1.0 PRIOR TO BEGINNING WORK Submit the following items with the signed agreement form as a prerequisite to starting the work. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to be distributed by the Engineer. For structural shop drawings and calculations, provide one (1) extra copy for distribution by the Engineer. The location of information concerning each submittal is referenced. Failure to make any required submittal in acceptable form within the time frame specified may be grounds for withholding payment a. Performance Bond Bidding Documents, Contract Forms, Supplementary Conditions. b. I ahor and Material Payment Bond Bidding Documents, Contract Forms, Supplementary Conditions. C. Certificate of Insurance General and Supplementary Conditions. d, I iM of Su antra .tors General and Supplementary Conditions. e, Material and Equipment List Supplementary Conditions and specification sections. f. Construction Schedule General Conditions and as specified in the section on Construction Schedule. 2.0 DURING CONSTRUCTION During the progress of the work make the following submittals in a timely manner to prevent any delay in the work. a. Work S .hed .I o Submit progress schedules monthly as an evidence that the project will be ready for occupancy by the date of substantial completion. Four (4) copies are required. b. Shoo Drawings Product Data and Samna Submit, in accordance with the section on Shop Drawings, Product Data and Samples included in the contract documents and specifications (General Requirements). C. gpp ication for Payme_nf Submit applications for partial payment as specified in the General and Supplementary Conditions and within the time specified in the agreement d, ('hangs Order PropQsal_ A proposal for change order may be submitted to the Engineer whenever a need arises. The request must be in writing and must include sufficient information to assess the need for a change in the work, the contract time, or the contract sum. 3.0 PROJECT CLOSEOUT With a written notice of completion submit the following items in the proper form as a condition of final acceptance of the work: a. Project Record Documents Submit in accordance with the section on Project Record Documents included in Division 1, General Requirements. b. Gu;;ranteec Warranties and Bonds As required in the General and Supplementary Conditions and listed in various sections of the specifications. --000-- 01300-1 and resubmission. d. Affix stamp and initials or signature certifying review of submittal. e. Return reviewed submittals to Contractor for distribution. 4.0 PREPARATION REQUIREMENTS 4.1 SHOP DRAWINGS a. Preparation by a qualified detailer is required. b. For Mechanical and Electrical work use the same sheet size as contract drawings. C. Where necessary for clarity, identify details by reference to sheet and detail numbers on contract drawings. d. Include on the drawing all information required for submission or submit transmittal letter containing required information. e. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to be distributed by the Engineer. For electrical and structural shop drawings, provide one (1) extra copy for distribution by the Engineer. 4.2 PRODUCT DATA a. Modify the manufacturer's standard schematic drawings to delete or supplement information as applicable. b. For manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other descriptive data: (1) Clearly mark each copy to identify pertinent materials, products, or models. (2) Show dimensions and clearances required. (3) Show performance characteristics and capacities. (4) Show wiring diagram and controls. C. Include on the data all information required for submission or submit transmittal letter containing required information. d. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to be retained by the Engineer. For electrical and structural product data, provide one (1) extra copy for distribution by the Engineer. 4.3 SAMPLES a. Submit office samples of sufficient size and quantity to clearly illustrate: 01340-2 6.0 RESUBMISSION REQUIREMENTS 6A SHOP DRAWINGS a. Revise initial drawings as required and resubmit as specified for initial submittal. b. Indicate on drawings any changes which have been made other than those requested by the Engineer. 6.2 PRODUCT DATA AND SAMPLES Submit new data and samples as required for initial submission. 7.0 DISTRIBUTION AFTER REVIEW a. Distribute copies of shop drawings and product data which carry the Engineer's stamp to: (1) Contractor's file (2) Job site file (3) Record document file (4) Other prime contractors (5) Subcontractors (6) Supplier (7) Fabricator b. Distribute samples as directed. After review, samples may be used in construction. --000-- 01340-4 C. Promptly notify the Engineer and Contractor of irregularities or deficiencies of work which are observed during performance of services. d. Promptly prepare and distribute reports of inspections and tests as follows: (1) Engineer. Two (2) copies (2) Contractor. One (1) copy e. Include the following information for each test as well as additional data specified in the applicable section: (1) Date of Test (2) Location of Test (3) Specified Standards (4) Test Results (5) Remarks 2.3 LIMITS OF AUTHORITY The laboratory is not authorized to: a. Release, revoke, alter, or enlarge on requirements of the contract documents. b. Approve or accept any portion of the work. C. Perform any duties of the Contractor. 3.0 CONTRACTOR'S RESPONSIBILITIES a. Cooperate with laboratory personnel, provide access to the work, or to manufacturer's operations. b. Provide to laboratory, preliminary representative samples of materials to be tested, in required quantities. C. Furnish labor and equipment (1) To provide access to the work to be tested. (2) To obtain and handle samples at the site. (3) To facilitate inspections and tests. (4) For laboratory's exclusive use for storage and curing of test samples. d. Notify the laboratory at least 48 hours in advance of operations to allow for his assignment of personnel and scheduling of tests. e. Arrange with the laboratory and pay for additional samples and tests required for the Contractor's convenience. --000-- 01410-2 results of such meetings. g. Advise the Engineer in advance of the schedules of tests and observe that tests at the project site, which are required by the contract documents, are actually conducted. observe, record, and report to the Engineer all details relative to the test procedure. h. If inspectors representing local, state, or federal agencies having jurisdiction over the project visit the site, accompany such inspectors during their trips through the project Record and report to the Engineer's office the results of these inspections. i. Receive samples, which are required, to be furnished at the site; record date received, from whom, and notify the Engineer of their readiness for examination; record Engineer's approval or rejection; and maintain custody of approved samples. j. Review applications for payment submitted by the Contractor and forward them with recommendations to the Engineer for disposition. k. After substantial completion, check each incomplete or defective item as it is corrected. I. If a situation arises during construction which requires that work be rejected, report such situation immediately to the Engineer. M. The field project representative shall not: (1) Authorize deviations from the contract documents. (2) Personally conduct any tests. (3) Enter into the area of responsibility of the Contractor's superintendent (4) Expedite the work for the Contractor. (5) Advise on or issue directions relative to any aspect of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. (6) Authorize or suggest that the owner occupy the project, in whole or in part, prior to substantial completion. (7) Issue a recommendation for payment. --000-- 01420-2 CLEANING AND ADJUSTING 1.0 GENERAL 1.1 RESPONSIBILITY a. The Contractor is responsible for cleaning and adjusting the work. If the Contractor fails to clean and adjust the work, the Owner may do so and charge the resulting costs to the Contractor. If the Contractor fails to pay the resulting costs, then the Contractor agrees that Contractor's bonds may be seized for compensation. b. Detailed cleaning and adjusting requirements for specific trades or work are specified in sections pertaining to that trade or work. 1.2 REQUIREMENTS OF REGULATORY AGENCIES a. Fire Protection Store volatile waste in covered metal containers and remove from premises daily. b. Pollution Control Conduct cleaning and disposal operations in compliance with local ordinances and antipollution laws. (1) Burning or burying of rubbish and materials on the project site is permitted, provided all local, state, and federal regulations are complied with. (2) Disposal of volatile fluid wastes and other chemical wastes in storm or sanitary sewer systems or into streams or waterways is not permitted. c. Suety .Standards Maintain the project in accordance with safety and insurance standards. 2.0 PRODUCTS Use only cleaning materials recommended by the manufacturer of the surface to be cleaned; Employ cleaning materials as recommended by the cleaning material manufacturer. 3.0 EXECUTION 3.1 DURING CONSTRUCTION a. Oversee cleaning and insure that the premises are maintained free from accumulations of waste material and rubbish. Do not allow waste materials, rubbish, and debris to accumulate and become unsightly or create a hazard. Provide containers and locate on site for collection of waste material, rubbish and debris. b. At reasonable intervals during progress of the work, collect and dispose of waste material, rubbish, and debris. Handle waste in a controlled manner. Do not drop or throw materials from heights. 3.2 FINAL CLEANING AND ADJUSTING a. Use experienced workmen or professional cleaners for final cleaning. 01710-1 PROJECT RECORD DOCUMENTS 1.0 GENERAL Prepare and maintain record documents for the project to accurately reflect the construction as built Documents must be submitted at work completion as a condition of final acceptance. 2.0 MAINTENANCE OF RECORD DOCUMENTS a. Maintain at the job site, one (1) copy of: (1) Contract drawings (2) Complete set of specifications (3) Addenda (4) Reviewed shop drawings (5) Change orders and field orders (6) Other contract modifications (7) Field test records (8) Correspondence b. Store record documents in an approved location apart from documents used for construction. Do not use record documents for construction purposes. Provide files and racks for orderly storage. Maintain documents in clean, dry, legible condition. Make documents available at all times for inspection by the Engineer. 3.0 MARKING DEVICES Mark all changes with red pencil. 4.0 RECORDING a. Keep record documents current Do not permanently conceal any work until required information has been recorded. b. Label each document 'PROJECT RECORD" in two-inch (2") high printed letters. Legibly mark contract drawings to record actual construction: (1) Depths of various elements of foundation in relation to survey data. (2) Horizontal and vertical location of underground and underslab utilities and appurtenances referenced to permanent surface improvements. (3) Location of internal utility and appurtenances referenced to permanent surface 01720-1 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM I REMOVING EXISTING CONCRETE SIDEWALK AND CURB 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 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 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. 4. PAYMENT 4.1 Al 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. Al 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. 1-1 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 GT:1uTII FOUR FOOT CONCRETE SIDEWALK REPLACEMENT 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 2.1 Concrete shall conform with requirements specified in Technical Specification "Concrete for Structures". 2.2 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 cQ 24" O.C. E.W. 2.4 Cushion sand shall be clean and well graded and free of clay and humus material. 3. CONSTRUCTION METHODS 3.1 Stripping: All grass and humus material shall be stripped and removed from the area of the sidewalk. 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 joints or as shown on the plans and according to this specifications 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. 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 2-1 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 4.1 After the concrete has obtained a final set, the concrete surface shall be 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 cylinders or beam tests as specified herein. The laboratory testing and services shall be provided by the Owner. The Owner does h ereby 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 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 exclude public traffic and traffic of his employees and agents from the newly placed sidewalk. All barricades shall remain in place 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 fortes were removed shall be backfilled and graded prior to removal of the barricades. r�N1111y_V111111Z 7.1 The contractor shall remove all rubbish and waste materials from the site. The dean -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. 2-2 9. PAYMENT 9.1 The payment for the concrete sidewalk measured as indicated in paragraph 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, famishing and placing concrete and reinforcing, dean -up, and all incidental operations required for a complete foundation. 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 the Plans (Types A, B). Placement of sand cushion and concrete curb shall be considered incidental and no separate pay item will be allowed. 2-3 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM III CONCRETE CONSTRUCTION FOR STRUCTURES 1.0 GENERAL 1.1 SCOPE This section covers the work to be performed in the construction of storm sewer inlets, manholes and miscellaneous concrete items. 1.2 RELATED WORK a. Division 2, Site Work. (1) Storm Sewers (2) Concrete Drainage Structures (3) Manholes (4) Water Distribution Mains 2.0 PRODUCTS 2.1 MATERIALS a. Cement. (1) Type. ASTM C-150, Type I unless authorized to be Type III. (2) Requirements. ASTM Specifications for weight variations and length of storage. Use no caked cement. Deliver in bags for site -mixed concrete. Use only one (1) brand of cement in any one (1) structure. b. Water. Clean and free from injurious amount of oils, acids, alkalis, or other deleterious substances. C. Coarse Aggregate. ASTM C-33. Unless otherwise specified, use standard size form No. 4 to 1% inch (1Y3") and modify only in accordance with the following requirements. Not larger than '/5 of narrowest dimension between sides of forms, nor larger than 3/. of the minimum clear spacing between reinforcing bars. d. Fine Agcregate. ASTM C-33. e. Air -Entraining Admixtures. ASTM C-260. 3-1 f. Reinforcing Steel. (1) Bars. All bars except No. 3 bars shall meet ASTM A-615-72, new billet steel, grade 60, manufactured by the open hearth process, unless otherwise shown or specified. W hen placed in work, bars shall be free from dirt, scale, rust, paint, oil or other injurious materials. No. 3 bars shall be grade 40 steel. (2) Bars to be Field Bent. Bars to be bent in the field must be grade 40. (3) Welded Wire Fabric. Welded wire fabric is not allowed on this project. (4) Furnish manufacturer's certificates giving properties of steel and specimens, free of cost, for testing when required. g. Curing. Liquid membrane forming compounds for curing concrete shall be Type 2 white pigmented conforming to ASTM Designation C-309. 2.2 STORAGE OF MATERIALS a. Cement. Store off ground in a well ventilated weatherproof building. b. Aggreqate. Prevent admixture of foreign materials and aggregate, and preserve gradation. C. Reinforcing Steel. Store in such manner that it is protected from mechanical injury and surface deterioration caused by exposure to conditions producing rust. 2.3 CONCRETE Use either ready -mixed concrete (ASTM C-94) or site -mixed concrete. 2.4 MEASUREMENT OF MATERIALS a. Measure materials by weight. b. Water may be measured by volume. C. Cement may be measured by bag. One (1) bag weighs 94 pounds. 2.5 CLASSIFICATION AND PROPORTIONING a. Proportioning. Concrete materials will be proportioned on basis of maximum water -cement ratio and minimum strength allowable with limits set on minimum cement content. Cement content shall be increased above minimum, without additional cost to Owner, if at any time the type, gradation, or size of aggregate b eing s upplied requires that extra cement be added to m eet strength and workability requirements. 3-2 b. Classification Minimum Maximum Compressive Water Strength Content Minimum Consistency (Pounds Per Per Bag Cement Range in Square Inch) of Cement (Bags per Slump Class Type 7-Day 28-Dav Mau Cubic Yard itghl A Structural 2000 3000 6.25 5.0 2 to 5 B Pipe Blocking Fill — 1500 8.00 4.0 3 to 5 (1) Include a maximum water, free water in aggregate minus absorption of aggregate based on a 30 minute absorption period. (2) Use minimum of 6.5 bags of cement per cubic yard of concrete if concrete is to be placed under water. C. Consistency. Use concrete with consistency that can be worked readily into corners and around reinforcing steel without segregation of materials or having free water collect on surface. Proportions will be changed if satisfactory mix is not being obtained. d. Air Content. Approximately three percent (3%) is required, unless otherwise specified. Determine in accordance with approved ASTM standard method. e. Changes in Mixes. Engineer will make changes in proportions or materials, or both, necessary to secure desired concrete properties, subject to above limitations. Should Contractor desire to make changes in materials, gradation, or proportions of mixture, or use special concrete additives, obtain prior approval. 2.6 QUALITY OF CONCRETE a. Field Tests. Test cylinders or beams will be made in numbers required to maintain check on strength of concrete. Provide and maintain curing facilities as required in ASTM C-31. Moisture tests of aggregate will be made at sufficient intervals for accurate batching and proportioning. b. Applicable Standards. ASTM Standards for sampling and testing. C. Tests on High -Early Strength Cement. Normal Portland cement seven-day (7) and 28-day tests and minimum strengths required at three (3) to seven (7) days. d. Failure to Meet Specifications. Should seven-day (7) or three-day (3) test strengths, as applicable for type of cement being used, fail to meet established strength standards, Owner may require extended curing or resumed curing on these portions of structure represented by test specimens. Should additional curing fail to give required strength, Owner may require, at Contractor's expense, strengthening or replacement of portions of structure which fail to develop required strength. Use ASTM C-42 for test cores. 3-3 3.0 EXECUTION 3.1 MIXING CONDITIONS a. General. Mix concrete in quantities required for immediate use, and place concrete within one (1) hour after start of mixing, except as otherwise authorized. Clock -stamp delivery ticket of all batches with time of mixing, at ready -mix plant. When adverse weather conditions affect quality of concrete, work shall be postponed. b. Cold Weather. Unless prior approval is obtained, do not mix concrete when air temperature is at or below 400F (taken in shade away from artificial heat) and falling. Concrete may be mixed when temperature is 350F and rising. If authorized for placement during cold weather, place concrete in accordance with PCA "Design and Control of Concrete Mixtures." Protect concrete from temperatures below 320F until it has cured for minimum of three days (3) at 700F or five days (5) at 500F. Remove and replace unsatisfactory concrete. 3.2 MIXING AND MIXING EQUIPMENT a. Mixer. Use approved type and size, and do not load beyond manufacturer's rated capacity. b. Mixing Time. Minimum of 1'/2 minutes after materials are placed in mixer. Increasing mixing time 15 seconds for each %3 yard increase in mixer capacity over one (1) cubic yard size. C. Batch Material Control. Maintain positive batch control, accurate to within one percent (I%). d. Operation and Maintenance of Equipment. Clean, maintain, and operate equipment such that it is at all times capable of thoroughly mixing materials as required. e. Hand Mixing. Only when approved by Engineer. 3.3 FORMS a. General. P rovide m ortar-tight f orms sufficient i n s trength t o prevent bulging b etween s upports. Set and maintain forms to lines designated. Construct forms to permit removal without damage to concrete. Forms may be given slight draft to permit ease of removal. Provide adequate clean -out openings and before placing concrete, remove extraneous matter from within forms. b. Design Loads for Forms and Falsework. Use fluid pressure of 150 pounds per cubic foot and live load of 50 pounds per square foot on horizontal surfaces with maximum unit stresses of 125 percent (125%) of allowable stresses used for design of structures. C. Material. (1) General Form Lumber. Use seasoned lumber of good quality, free from loose or unsound knots, knot holes, twists, shakes, decay and other imperfections which would affect its strength or impair finished surface of concrete. Use S4S lumber for facing or sheathing. Use nominal two-inch (2") lumber as minimum thickness for forms for bottoms of caps, or 3/, inch (%") form plywood backed adequately to prevent misalignment. Provide lumber of nominal one -inch (1") thickness or form plywood of approved thickness for general use and back by sufficient number of studs and wales. 3-4 (2) Lining - Rub -Finish Surfaces. Provide form surfaces or form lining surfaces free of irregularities for exposed concrete faces which are to be given rubbed finish. Use plywood for form lining made with waterproof adhesive of/. -inch (%") minimum thickness, preferably oiled at mill, and then re -oiled or lacquered on job before using. Facing may be constructed of %-inch (3/.") plywood made with waterproof adhesive backed by adequate studs and wales, and in which case, form lining will not be required. Provide rubbed finishes where indicated on drawings. (3) Special Form Lumber. Make molding for chamfer strips, or other uses, of redwood, cypress, or pine of quality that will not split when nailed and which can be maintained to true line. Use mill -cut molding dressed on all faces. Unless otherwise provided, fillet forms at sharp comers and edges with triangular chamfer strips, 3/-inch (3/.") measured on sides. d. Form Ties. Use metal forth ties of approved type to hold forms in place. Do not use wire ties or snap ties. Remove form ties to depth of at least 3/.-inch (%") from surface of concrete. Form tie holes shall be not larger than 713-inch (318") diameter. Do not burn off ties. Do not use pipe spreaders. Remove spreaders which are separate from fortes as concrete is being placed. e. Wetting and Oiling Forms. Treat facing of forms with approved form oil before concrete is placed. When so directed, treat both sides of face forms with oil. Apply oil before reinforcement is placed. In g eneral, wet s urfaces for f ores which will come i n contact with concrete i mmediately before concrete is placed. Metal Forms. Applicable provisions of foregoing specifications for "Forms" apply equally to metal forms. Countersink bolt and rivet heads on facing sides. Use only metal forms which present smooth surface and line up properly. Keep metal free from rust, grease or other foreign material that will tend to disfigure or discolor concrete. Metal pan forms shall be clean and in good condition, free from dents and rust. Gage and condition of pans shall be such that they will support without significant distortion, concrete and construction loads. 3.4 FALSEWORK a. General. Provide rigid false work having no excessive settlement or deformation. d. Design Loads. Use 150 pounds per cubic foot for concrete, and live load of 50 pounds per square foot of horizontal surface of form work with maximum unit stresses of 125 percent (125%) of allowable stresses used for design of structures. C. Materials. Use sound timber in false work centering. Use hardwood timber for wedges. 3.5 PLACING REINFORCEMENT a. Placing. The reinforcing steel shall be accurately placed and adequately secured in position in the forms. Maintain in place by approved chairs and spacers. No bar tie "pigtail" shall extend more than Y'-inches past the outside face of the bar. All reinforcing steel shall be inspected and approved by the Engineer before placing of concrete. b. Bar Spacing a nd C over. Minimum s pacing c enter t o c enter o f p arallel b ars s hall b e 2'/2 times nominal diameter of bar but in no case shall Gear distance between bars be less than 1'/z times 3-5 maximum size of coarse aggregate. Where not otherwise shown on drawings, minimum cover measured from surface of concrete to face of reinforcing bar shall be three -inches (3"). C. Bending. Field bend steel only with prior approval of the Engineer. Bend reinforcing steel at required shapes while steel is cold. Excessive irregularities in bending will be cause for rejection. Detail bars in accordance with ACI-315-87. Bars to be field bent, must be grade 40. Under no circumstances may bars be bent and then re -bent. d. Splices. Splicing of bars except where shown will not be permitted without written approval. Approved bar bending schedules or placing drawings constitute written approval. Splice bars with lap of at least 36 times diameter of reinforcement. Stagger splices or else locate at points of low tensile stress. 3.6 CONSTRUCTION JOINTS a. General. Contact surface between plastic concrete and concrete that has attained initial set is a "construction joint." "Monolithic" means manner of concrete placing which prevents construction joints. Joints other than those indicated, are not permitted without written authorization. Where authorized, make additional construction joints with details equivalent to those for joints in similar locations. b. Construction. Make surface of concrete previous placed rough with some aggregate particles exposed. Remove loose materials, wash and scrub clean with stiff brooms, and keep wet several hours prior to placing of plastic concrete. Immediately prior to placing of concrete on horizontal surfaces, slush surface with coating of mortar. Where possible, apply mortar on previously placed vertical surfaces by brushing and work mortar into irregularities of surface. Form keyways so as to permit easy removal of forms without damaging concrete. 3.7 PLACING CONCRETE a. General. Give advance notice to permit inspection of forms, reinforcing steel, preparations for placing of concrete. Place no concrete prior to approval. Regulate concrete placing so as to permit completion of finishing operations in daylight hours. However, if necessary to continue after daylight hours, light site as directed. If rainfall occurs after placing operations are started, provide covering to protect work. b. Handling and Transporting. Arrange and use metal or metal lined chutes, troughs and pipes in placing concrete so that ingredients of concrete will not be separated. Use concrete having maximum slump of three -inches (Y) if deposited by chutes and/or troughs. Discharge troughs and chutes either vertically down inside of forms or into pocket outside of forms from which it can flow through holes left in forms. Keep chutes, troughs and pipe clean and free from coatings of hardened concrete. Use of chutes in excess of 35-foot (35') total length, by specific authorization only. C. Depositing. Limit free fall of concrete to four -feet (4'). Use tremies for placing concrete in walls, and similar placement. Do not deposit large quantities of concrete at one point in forms such that it requires running or working it along forms. Do not jar forms after concrete has taken initial set, or place any strain on projecting reinforcement or anchor bolts. Make tremies in sections, or provide in several lengths, so that outlet may be adjusted to proper heights during placing operations. Place concrete in continuous horizontal layers approximately 12-inch (12") thickness. Place each 3-6 layer while layer below is still soft, and unless otherwise specified, let not more than one (1) hour elapse between placing of successive layers in continuous placement. d. Consolidation. Compact each layer of concrete with concrete spading implements and mechanical vibrators of approved type. Use vibrators of type which operates by attachment to forms only when immersion type vibrators cannot be used. Apply vibrators to concrete immediately after depositing, and move through layer of concrete just placed and several inches into plastic layer below. Do not penetrate or disturb layers previously placed which have partially set, and do not use vibrators to aid flow of concrete laterally. 3.8 CURING a. General. Curing shall be accomplished by preventing loss of moisture, rapid temperature change and mechanical i njury for a period of seven (7) curing days w hen n ormal Portland cement has been used and for three (3) curing days when high -early -strength Portland cement has been used. Curing shall be started as soon as free water has disappeared from the surface of the concrete after placing and finishing. b. Form -Finish. Formed surfaces not requiring rub -finished surfaces shall be cured by leaving forms in place for the full curing period. C. Rub -Finish. Formed surfaces requiring rub -finished surfaces shall be cured by leaving forms in place for a minimum number of curing days as follows: Vertical surfaces - two (2) full curing days. Underside of sidewalk - four (4) full curing days. After rub -finish operations are complete, formed surfaces shall be cured by using moist cotton mats until normal curing period is complete. d. Unformed Surfaces. Cure by membrane curing compound method. (1) After concrete has received final finish and surplus water sheen has disappeared, seal surface with a single uniform coating of approved curing compound applied at rate of coverage recommended by manufacturer and as directed by Engineer, but not less than one (1) gallon per 180 square feet of area. Provide satisfactory means and facilities to properly control and check rate of application of compound. (2) Thoroughly agitate compound during use and apply by means of approved mechanical power pressure sprayers, equipped with satisfactory atomizing nozzles, except that for application on small miscellaneous items, hand powered spray equipment may be used. For all spraying equipment, prevent loss of compound between nozzle and concrete surface during spraying operations. (3) Do not apply compound to a dry surface. If surface of concrete has become dry, thoroughly moisten immediately previous to application. At locations where coating shows discontinuities, pin holes or other defects, or if rain falls on newly coated surface before film has dried sufficiently to resist damage, apply an additional coat of compound immediately, at same rate of coverage specified herein. 3-7 3.9 REMOVAL OF FORMS AND FALSEWORK Forms may be removed after 24 hours or when the concrete has sufficiently set-up, whichever is greater. The Contractor shall insure that no d eformation of the proposed structural shapes occurs because of early removal of forms. This may be accomplished by use of temporary bracing during the curing time. A "Curing Day" is any calendar day on which temperature is above 50OF for at least 19 hours. Colder days may be counted if air temperature adjacent to concrete is maintained above 500F. In continued cold weather, when artificial heat is not provided, removal of fortes and false work may be permitted at end of period of calendar days equal to twice the number of curing days stated as above. 3.10 DEFECTIVE WORK Immediately repair any defective work discovered after forms have been removed. If surface of concrete is bulged, uneven, or shows excess honeycombing or forth marks, which cannot be repaired satisfactorily, remove and replace entire section. 3.11 FINISHING General. Immediately repair any defective work discovered after forms have been removed. If surface of concrete is bulged, uneven, or shows excess honeycombing or form marks, which cannot be repaired satisfactorily, remove and replace entire section. b. Patchino. Patch s light h oneycomb, m inor d efects a nd f orm t ie h oles in c oncrete s urfaces with cement mortar mixed one (1) part cement to two (2) parts fine aggregate, unless otherwise directed. Repair by cutting out unsatisfactory material and replacing it with new concrete, securely keyed and bonded to old concrete and finish so as to make joints as inconspicuous as possible. Use stiff mixture and thoroughly tamp into place. After patch has stiffened sufficiently to allow for greatest portion of shrinkage, strike off mortar flush with surface. C. Rub -Finish. (1) Rub -Finish all exposed surfaces of formed concrete structures except as noted below. After pointing has set sufficiently, wet surface with brush and give first surface rubbing with No. 16 carborundum stone or equal. Rub sufficiently to bring surface to paste, to remove form marks and projections, and to produce smooth, dense surface. Add no cement to form surface paste. Spread or brush materials, which has been ground to paste, uniformly over surface and allow to take reset. In general, do not rub chamfered comers in first surface rubbing. In preparation for final acceptance, clean surfaces and give final finish rubbing with No. 30 carborundum stone or equal. After rubbing, strip surface with brush and allow mortar on surface to take reset; then wash surface with clean water. Leave structure with clean, neat and uniform appearing finish. d. Float -Finish. Concrete slabs shall receive a wood float finish. -000-- 3-8 TECHNICAL SPECIFICATIONS CLIP Project No. 2002.4503 ITEM IV UNDERMINED SIDEWALK POINT REPAIRS 1.1 This item shall govern all excavation and backfilling 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 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 a s m easured f rom t he t op of t he existing n atural g round. All excavated material s hall b e 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. All additional work contemplated other than that described under section 3.1 shall only be done by Change Order. 4. MEASUREMENT 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. 4-1 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM V ADJUSTMENT OF METER BOXES, VALVE BOXES AND MANHOLE RINGS AND COVER i��IX.Y9�l�l[el� 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 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 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 manhole rings and covers will be made at the unit price bid for each. 5-1 TECHNICAL SPECIFICATIONS CLP Project No. 20024503 ITEM VI CONCRETE DRIVEWAY REPLACEMENT 1. DESCRIPTION 1.1 This section covers the furnishing of all material and construction of concrete driveways in accordance with the drawings and these specifications. 2. MATERIALS 2.1 Concrete shall conform with requirements specified in the specification "Concrete Pavement Water Cement Ratio". The concrete shall be 5 sacks per cubic yard. 3. CONSTRUCTION METHOD 3.1 Stripping: All grass and humus material shall be stripped and removed from the area of the driveways. 3.2 Grading: After stripping and removing of grass and humus material, any soft or otherwise unsuitable material within the sidewalk area shall be removed and replaced with approved fill materials and compacted to a depth of four inches (4"). 3.3 Forms: The driveways shall be formed and braced with suitable material prior to pouring of concrete. 3.4 Concrete shall not be placed when the temperature is below 40 degrees F. and falling, but may be placed when the temperature is 35 degrees F. and rising, the temperature shall be taken in the shade and away from artificial heat. 3.5 Concrete shall not be placed before time of sunrise, and shall not be placed later than will permit the finishing of the pavement during sufficient natural light. 3.6 Workers will not be permitted to walk in the concrete with earth or foreign material on their boots or shoes. Repeated failure to clean their boots or shoes when walking in the concrete shall be deemed sufficient cause for removing or replacing such workers. 3.7 Any concrete not placed as herein prescribed within thirty (30) minutes after mixing, shall be rejected and disposed of as directed by the Owner's Representative. 3.8 Concrete shall be distributed to such a depth that when consolidated and finished, the slab thickness required by plans will be obtained at all points and the surface shall not, at any point, be below the established grade. Special care shall be exercised in placing and spading concrete against forms at all joints to prevent the forming of honeycombs or voids. 4. FINISHING 4.1 Hand Finishing: The concrete shall be struck off with an approved strike -off screed to such an elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitudinal motion in the direction the work is progressing, maintaining the template in contact with the forms and maintaining a slight excess of material in front of the cutting edge. The 6-1 concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly, and eliminate surface voids, and the surface screeded to required section. 4.2 After completion of a strike -off, consolidation, and transverse screeding, hand - operated I ongitudinal float s hall b e operated to test and I evel the surface to the required grade. Workers shall operate the float from approved bridge riding on the forms and spanning the pavement. The longitudinal float shall be operated with short longitudinal strokes while being passed from one side of the pavement to the other. 5. CURING 5.1 Immediately after finishing operations have been completed, the entire surface of the newly laid concrete shall be covered and cured in accordance with the THD Specifications, Item 360.9. 5.2 Failure to provide sufficient cover material of the type the contractor elects to use, failure to maintain saturation in wet curing methods, lack of water to adequately take care of both curing and other requirements, or other failure to comply with curing requirements shall be cause for immediate suspension of concreting operations. 6. PROTECTION OF CONCRETE DRIVEWAYS 6.1 The contractor shall erect and maintain the barricades required by the plans and such other standard barricades and approved devices as will exclude the use of the driveway for a period of time as directed by the Owner's Representative. OPENING DRIVEWAY TO OWNER 7.1 The driveway shall be closed to all traffic vehicles until the concrete is at least two (2) days old. This period of closure to all traffic may be extended, if in the opinion of the Owner's Representative, whether or not conditions make it advisable to provide an extension of the time of protection. 7.2 The Owner's Representative may require the opening of the driveway to traffic prior to the minimum time specified above under conditions of emergency which, in his opinion, require such action in the interest of the public or homeowner. 8. MEASUREMENT 8.1 Concrete driveways will be measured for payment by the square yard of surface area of completed and accepted work 9. PAYMENT 9.1 Concrete driveways will be measured as provided under "Measurement" and will be paid for at the unit price bid per square yard of completed and accepted work, which price shall be full compensation for excavation and fine grading the driveway, including furnishing and installing sand cushion, all reinforcing steel, hauling and handling all concrete ingredients, mixing and placing concrete, finishing, curing, cleaning, and sealing joints; and placing longitudinal, reinforcing steel and all incidentals necessary to complete the work. 6-2 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM VII BANK SAND i��7�3d:7fii[i7� 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 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. 7-1 TECHNICAL SPECIFICATION CLIP Project No. 2002-4503 ITEM VIII SODDING PART 1 -GENERAL 1.01 Description A. Scope: Furnish plants, materials, labor, equipment and appliances, and perform all operations in connection with the planting of sod within the areas designated on the PLANS for the purpose of surface stabilization, channel stabilization and/or vegetation buffer strips. B. Related work as called for on PLANS as specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 Quality Assurance The following documents, used as standards, are to be considered a part of these specifications. 1. American Joint Committee on Horticultural Nomenclature, "Standardized Plant Names," Second Edition, 1942. 2. American Association of Nurserymen, Inc. "American Standard for Nursery Stock." PART 2-PRODUCTS 2.01 Materials A. Sod: Certified grade cultivated St. Augustine grass sod; with strong, fibrous root system; free from stones and burned or bare spots. B. Topsoil: Fertile, agricultural soil typical of locality and capable of sustaining vigorous plant growth; from well drained site that is free of Flooding; free from admixture of subsoil, slag or clay, stones, lumps, live plants and their roots, sticks and other extraneous matter; pH value of minimum 5.4 and maximum 7.0. Use topsoil excavated from site only if conforming to specified requirements. C. Fertilizer: Commercial type conforming to FS 0-F-241, Type 1, Grade A recommended for grass, with fifty percent of the elements derived from organic sources; of proportion necessary to eliminate any deficiencies of topsoil as indicated in analysis. D. Wooden Pegs: Of sufficient size and length to ensure satisfactory anchorage of sod on slope in excess of 2:1. E. Roll Lite Erosion Control Mulching Fabric as manufactured by Gulf States Paper Corporation or equal. F. Water: C lean, f resh, a nd f ree o f s ubstances o r m after which would inhibit vigorous growth of grass. PART 3 - EXECUTION 3.01 General A. Provide erosion and sedimentation control systems at the locations shown on PLANS. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on PLANS and set out in this Item. 8-1 B. Inspect and repair or replace components of all erosion and sedimentation control systems as specified for each type of system. Unless otherwise directed, maintain the erosion and sedimentation control systems until the project is accepted by the Owner. C. Remove and dispose of sediment deposits at the project spoil site. If a project spoil site is not designated on PLANS, dispose of sediment offsite at location not in or adjacent to stream or floodplain. Sediment to be placed at the project site should be spread, compacted and stabilized in accordance with the Owner's directions. Sediment shall not be allowed to flush into stream or drainage way. D. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damages caused by construction traffic to erosion and sedimentation control systems shall be repaired immediately. E. Contractor shall employ protective measures described in Item General Source Controls to avoid damage to existing trees to be retained on the project site. Conduct all construction operations under this Contract in conformance with the erosion control practices described in that Item. 3.02 Preparation of Subgrade A. Fine grade subgrade, eliminating uneven areas and low spots. Maintain lines, levels, profiles, and contours. Make changes in grade gradual. Blend slopes into level areas. B. Remove foreign materials, undesirable plants and their roots, stones, and debris. Do not bury foreign material beneath areas to be sodded. Remove and replace subsoil which has been contaminated with petroleum products. C. Cultivate subsoil to a depth of 3 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted subsoil. 3.03 Placing Topsoil A. Spread topsoil to a depth of minimum 2 inches over entire area to be sodded. B. Place topsoil during dry weather and on dry unfrozen subgrade. C. Grade to eliminate rough and low areas, ensuring positive drainage. Maintain levels, profiles, and contours of subgrade. D. Remove stones, roots, grass, weeds, debris, and other foreign nonorganic material while spreading. 3.04 Fertilizing A. Apply f ertilizer at rate recommended by m anufacturer. Apply after f ine g rading a nd prior to compaction. Mix thoroughly into upper 2 inches of topsoil. B. Lightly water to aid the breakdown of fertilizer. C. Apply fertilizer within 48 hours before laying sod. 3.05 Laying Sod A. Lay sod as soon as possible after delivery to prevent deterioration. B. Full Sodding: Lay sod closely knit together with no open joints visible, and pieces not overlapped. Stagger sod units to avoid continuous seams. Lay smooth and flush with adjoining grass areas, paving, and top surfaces of curbs. C. Strip Sodding: Lay sod in the following patters: 3-inch continuous sod strip, 12-inch topsoil, 3-inch continuous sod strip. See dirt areas between sod strips. D. On slopes 2:1 and steeper, lay sod perpendicular to slope and secure every row with wooden pegs at maximum 2 feet on center. Drive pegs flush with soil portion of sod. E. Prior to placing sod, on slopes 3:1 or where indicated, place Hold/Gro or Roll/Lite or equal over topsoil. Securely anchor in place with posts sunk f irmly into the ground at 8-2 maximum 16 feet on center along pitch of slope and equal to width of wire mesh horizontally across slopes. F. Immediately water sodded areas after installation. Water in sufficient amounts to saturate sod and upper 4 inches of soil. G. After sod and soil has dried sufficiently to prevent damage, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. Ensure rolling equipment weight not over 250 pounds or less than 150 pounds. 3.06 Maintenance A. Begin maintenance of plant materials immediately after planting and continue maintenance until issuance of Certificate of Acceptance of project. B. Maintenance to include measures necessary to establish and maintain plants in a vigorous and healthy growing condition, including the following. 1. When herbicides are used for weed control, apply in accordance with manufacturer's instructions. Remedy damage resulting from use of herbicides. 2. Watering sufficient to saturate root system. 3. Disease and insect control. 3.07 Measurement and Payment Measure by the square yard of area sodded. Payment for work under this Item will be made at contract price for "Full Sodding," or "Strip Sodding", as indicated on PROPOSAL, which price to be full compensation for all fertilizer, sod, equipment, materials, and labor necessary for fertilizing and sodding. 8-3 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM IX CEMENT -SAND BACKFILL 1.0 GENERAL 1.1 SCOPE This section provides for the use of cement -sand as bedding material under stone sewer pipes; for backfilling material around storm sewer pipes, manholes, inlets and drainage structures as required, and for backfill of utilities in pavement sections. 1.2 RELATED WORK a. Division 2. Site Work. (1) Storm Sewers (2) Sanitary Sewers (3) Manholes (4) Concrete Drainage Structures 1.3 PAYMENT No separate payment will be made for work or materials performed under this section. 2.0 PRODUCTS 2.1 MATERIALS a. Sand. Use clean durable sand containing not more than the following: (1) Deleterious materials. (a) Clay lumps, ASTM C-142; less than 0.5 percent (0.5%) (b) Lightweight pieces, ASTM C-123; less than five percent (5.0%) (c) Organic impurities, ASTM C-40; shall not show a color darker than the standard color (d) Other deleterious materials such as coal, shale, coated grains of soft Flakey particles; less than two percent (2.0%) (2) Plasticity index shall be four (4) or less when tested in accordance with ASTM D-43 and ASTM D424. 9-1 (3) Gradation Requirements. 8 -inch sieve %-inch sieve 10-mesh sieve 20-mesh sieve 40-mesh sieve 60-mesh sieve 100-mesh sieve 200-mesh sieve 270-mesh sieve (4) Color test ASTM C40-73. Color not darker than standard color. % Retained 0% 0% - 5% 5% - 35% 15% - 55% 35% - 85% 60% - 95% 80% - 97.5% 95% - 100% 100% b. Portland Cement. Furnish Portland cement to conform with ASTM C-150, Type I. C. Water. Water shall be reasonably clean and free from injurious amounts of oil, acid, alkalies, salt, organic matter, or other deleterious material. 2.2 PROPORTIONING AND MIXING Add not less than 1%= sacks of Portland cement to stabilize one (1) cubic yard of sand mixture. Add required amount of water and mix thoroughly in an approved pug -mill type mixer. Stamp batch ticket with the time of loading. Material not in place within three (3) hours after loading will be rejected. 2.3 TESTING Upon request of the Engineer, the Contractor or his supplier will furnish samples of the sand and cement for testing before and/or during project construction. Samples shall be submitted two (2) days prior to stabilized sand being delivered to the project site. If the material source is changed during project construction, new samples shall be submitted. 3.0 EXECUTION 3.1 BEDDING PROCEDURES a. Place cement -sand in a trench or excavation prepared for sewer pipe to the depth shown on the drawings. b. After bedding material is in place, set pipes in position to grade. C. Add additional cement -sand material around pipe, filling to at least six -inches (6") above pipe crown. Place cement -sand material at optimum moisture content, and in layers not to exceed six -inches (6") measured loose. d. Compact with mechanical hand tamps to at least 95 percent (95%) of AASHTO Density, Test Method T-99. 3.2 FOUNDATIONS Use cement -sand for stabilizing below the foundation for pre -cast manholes, inlets or concrete structures. Backfill outside the manhole to a minimum of six -inches (6") above the largest pipe crown. With "AA" bedding, continue cement -sand backfill to within one -foot (1') of the finished pavement surface. 9-2 3.3 BACKFILL PROCEDURES a. Place cement -sand in sewer trenches as backfill for sewer lines under existing or future pavement. Backfill to within one -foot (1') of the subgrade with the cement -sand. Use cement -sand material as backfill material around manholes if the structure lies within two -feet (2') of the pavement. b. Place cement -sand material at optimum moisture content in layers not to exceed 12-inches (12"), measured loose. C. Compact with mechanical hand tamps to at least 95 percent (95%) of prescribed AASHTO Density, Test Method T-99. 3.4 PERFORMANCE The sand -cement mixture shall produce a minimum unconfined compressive strength of 100 pounds per square inch (100 psi) in 48 hours when compacted to 95 percent (95%) of ASTM D-698 without additional moisture control, cured (ASTM C-31, Item 9), and tested in accordance with ASTM C-31. 9-3 \ City of La Porte Accounts Payable Check Requisition J Vendor #: Due Date: Vendor Name: Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena, TX 77504 You are regulred to attach receipts with all check requisiffons. Description: 2003 City -Wide Sidewalk Improvement Project — CLP #2002-4503 Final Payment for Construction Account # Project # Invoice # Commodity Code Date Amount 015-9892-709-5110 GEN-709 Pay Est #3—Final 266-040 8-19-03 $16,142.55 Total Amount Due: $ $16,142.55 Remarks: Denote "Full & Final Payment on check. Attach "Letter of Substantial Completion." Hold check; contractor will pick up. Prepared By: Peggy L Date: 8-25-03 Approved Date: b Revised 8/I5/97 �� / 1 APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: 2003 La Porte City -Wide Sidewalk Improvement Project TOTAL AMOUNT WORK DONE TO DATE: $ 60,855.00 ORIGINAL CONTRACT AMOUNT: $60,855.00 AMOUNT RETAINED THIS PAY $ 0.00 APPLICATION 10% : NET CHANGE BY CHANGE ORDERS: $0.00 PREVIOUS PAYMENTS: $44,712.45 REVISED CONTRACT AMOUNT: $60,855.00 TOTAL PREVIOUS DEDUCTIONS: $44,712.45 OWNER: AMOUNT DUE CONTRACTOR: $16,142.55 City of La Porte PO Box 1115 La Porte, TX 77572-1115 CONTRACTOR: ESTIMATE NO. 3 BROOKS CONCRETE, INC. 4018 ALLEN-GENOA FINAL PAYMENT PASADENA,TX 77504 713-947-8440 CONTRACT DATE: 4/22/03 WORKING DAYS TO DATE - 120 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 eq performance of said contract have been paid in full accordance with the contract requirements. w~Oe PEGGY LEE NOiEI F9NLN, S 1 1 T OF N NI f011NI5S10N VIIES DATE: 0 i BY: / TITLE: SIGN and SWO before me, a Notary Public in and for the State of Texas this �_ day of 2003 µ 0"M c 7, - - MY COMMISSION EXPIRES: '2 - 03 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: 2003 LA PORTE CITY-WAIDE SIDEWALK IMPROVEMENT PROJECT PROJECT NUMBER: 2002-4503 CONTRACTOR: BROOKS CONCRETE, INC. 1 A-niin-nA a 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 Move -in and start up 1 LF $ 2,500.00 $ 2,500.00 0 1 1 $ - $2,500.00 $ 2,500.00 2.0 Concrete sidewalk placement 1917 LF $ 10.00 $ 19.170.00 352.4 1536.6 1889 $ 3,524.00 $ 15,366.00 $ 18.890.00 3.0 Sidewalk removal 2725.1 L.F. $ 5.00 $ 13,625.50 250.1 2308.5 2558.6 $ 1,250.50 $ 11,542.50 $ 12,793.00 4.0 1concrete wheelchair rams 52 EA. $ 400.00 $ 20,800.00 13 43 56 $ 5,200.00 $ 17,200.00 $ 22,400.00 5.0 JGate valve adjustments 10 EA. $ 300.00 $ 3.000.00 4 8 12 $ 1,200.00 $ 2,400.00 $ 3,600.00 6.0 Saw cut 440 LF $ 4.00 $ 1,760.00 0 168 168 $ - $ 672.00 $ 672.00 $ 60,855.50 $ 11,174.50 $ 49,680.50 $ 60,855.00 CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 wwwxi.la-oorte.lx.us Phone: (281)471-5020IFax (281)842.1868 LETTER OF SUBSTANTIAL COMPLETION August 21, 2003 Mr. Jess Brooks Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena,TX 77504 RE: 2003 La Porte City -Wide Sidewalk Improvement Project CLP #2002-4503 Dear Mr. Brooks: The above referenced project has been inspected to be substantially complete according to plans and specifications, and is hereby accepted by the City of La Porte for ownership and maintenance. The one (1) year warranty from defects in materials and workmanship shall be effective from today, the date of substantial completion. Sincerely, Robert Alden Cummings, Supervising Engineer cc: Reagan McPhail, Public Improvements Coordinator Month of T I Project Name: YL;4.y Vide sk Pr•ject- i��i��s��� MMfflMHMMMMl MMffllM�� MINE IMEMIMMMUME MMI MMfflMffiMM IS MMIMM MMo 12 203 A �Jill _ $ 300 /ate Pl - # /321 G. U. ProjeecctName:Gy.IJSea a Pr%ect- r P- 1889 =` /B, 890 ?21/oo A O- 72 City of La Porte Accounts Payable Check Requisition Vendor #: Due Date: Vendor Name: Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena, TX 77504 You are required to attac f� receipts with all d�eak requisitions. Description: 2003 City -Wide Sidewalk Improvement Project — CLP #2002-4503 Construction Account # Project # Invoice # Commodity Code Date Amount $$ 015-9892-709-SIIA GEN-709 Pay Est #2 260-040 7-7-03 $16,023.60 Total Amount Due: $ $16,023.60 Remarks: Hold check; contractor will pick up. Prepared By: Peggy Lee4O D Date: 7-7-03 Approv Date: 7101497 Revised 8/15197 z y APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: 2003 La Porte City -Wide Sidewalk Improvement Project TOTAL AMOUNT WORK DONE TO DATE: $49 680.50 ORIGINAL CONTRACT AMOUNT: $60,855.00 AMOUNT RETAINED THIS PAY $1,780.40 APPLICATION 10% : NET CHANGE BY CHANGE ORDERS: $0.00 PREVIOUS PAYMENTS: $28 688.85 REVISED CONTRACT AMOUNT: $60 855.00 TOTAL PREVIOUS DEDUCTIONS: $3 187.65 OWNER: City of La Porte AMOUNT DUE CONTRACTOR: $16,023.60 PO Box 1115 La Porte TX 77572-1115 CONTRACTOR: ESTIMATE NO. 2 BROOKS CONCRETE, INC. 4018 ALLEN-GENOA PASADENA,TX 77504 713-947-8440 CONTRACT DATE: 4/22/03 WORKING DAYS TO DATE: 72 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 accordance with the contract requirements. DATE: -7 03 BY: TITLE: /P and SWORN before me, a Notary BY: nI L (�U its Public in and for the State of Texas this � day of MY COMMISSION EXPIRES: 2003NDtNmN�ttuEalaW V�6 SINESIGNED ,1 _ 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 CON RACTOR. BY: .� DATE: T O1 PROJECT NAME: 2003 LA PORTE CITY-WAIDE SIDEWALK IMPROVEMENT PROJECT PROJECT NUMBER: 2002-4503 CONTRACTOR: BROOKS CONCRETE, INC. DATE: July 7, 2003 Installed Item Est. Unit Estimated This No. Description of Work Qty. Unit Price Value Period Quantity Installed Previous Periods Total Installed To Date This Period Income Dollars Previous Periods Income Total Income To Date 1.0 Move -in and start up 1 LF $ 2,500.00 $ 2,500.00 1 0 1 $ - $2.500.00 $ 2,500. 2.0 Concrete sidewalk placement 1917 LF $ 10.00 $ 19,170.00 867.6 669 1536.6 $ 8,676.00 $ 6,690.00 $ 15,366 a.f1...4dewalkremoval 2725.1 L.F. I $ 5.00 $ 13,625.50 1060.8 1247.7 2308.5 $ 5,304.00 $ 6,238.50 $ 11.542 4.0 jConcrete wheelchair rams 52 EA. $ 400.00 $ 20,800.00 6 37 43 $ 2,400.00 $ 14,800.00 $ 17,200.00 5.0 IGate valve adjustments 10 EA. $ 300.00 $ 3,000.00 4 4 8 $ 1,200.00 $ 1,200.00 $ 2,400.00 6.0 1 Saw cut 440 LF $ 4.00 $ 1,760.00 56 112 168 $ 224.00 $ 448.00 $ 672.00 f City of La Porte Accounts Payable Check Requisition Vendor #: Due Date: Vendor Name: Brooks Concrete, Inc. 4018 Allen -Genoa Pasadena, TX 77504 You are required to attach receipts with all dreck ulsitions. Description: 2003 City -Wide Sidewalk Improvement Project — CLP #2002-4503 Construction Account # Project # Invoice # Commodity Code Date Amount $$ 015-9892-709-5110 GEN-709 Pay EsL #1 260-040 6-4-03 $28,688.85 Total Amount Due: $ $28,688.85 Remarks: Hold check; contractor will pick up. Prepared By: Date: 6-4-03 Peggy L MY. Date: !� ( �� Re"Sed 8/15/97 U S APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: 2003 La Porte City -Wide Sidewalk Improvement Project TOTAL AMOUNT WORK DONE TO DATE: $31,876.50 ORIGINAL CONTRACT AMOUNT: $60,855.00 AMOUNT RETAINED 10% : $3,187.65 NET CHANGE BY CHANGE ORDERS: $0.00 PREVIOUS PAYMENTS: $0.00 REVISED CONTRACT AMOUNT: $60,855.00 TOTAL DEDUCTIONS: $3,187.65 OWNER: AMOUNT DUE CONTRACTOR: $28,688.85 City of La Porte PO Box 1115 La Porte, TX 77572-1115 CONTRACTOR: BROOKS CONCRETE, INC. ESTIMATE NO. 1 4018 ALLEN-GENOA PASADENA,TX 77504 713-947-8440 CONTRACT DATE: 4/22/03 WORKING DAYS TO DATE: 41 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 accordance with the contract requirements. DATE: - 03 this day of EXPIRES: V 9-a-f- 03 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 qualit of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT DUE CON CTO BY DATE: - v el PROJECT NAME: 2003 LA PORTE CITY-WAIDE SIDEWALK IMPROVEMENT PROJECT PROJECT NUMBER: 2002-4503 CONTRACTOR: BROOKS CONCRETE, INC. nnTE: a INE 2 7003 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 City. Unit Unit Estimated Price Value 1.0 Move -in and start up 1 LF $ 2,500.00 $ 2,500.00 1 0 1 $ 2,500.00 $ - $ 2,500.00 2.0 Concrete sidewalk placement 1917 LF $ 10.00 $ 19,170.00 669 0 669 $ 6,690.00 $ - $ 6,690.00 3.0 Sidewalk removal 2725.1 L.F. $ 5.00 $ 13,625.50 1247.7 0 1247.7 $ 6,238.50 $ - $ 6,238.50 4.0 lConcrete wheelchair rams 52 EA. $ 400.00 $ 20,800.00 37 0 37 $ 14,800.00 $ - $ 14,800.00 5.0 Gate valve adjustments 10 EA. $ 300.00 $ 3,000.00 4 0 4 $ 1,200.00 $ - $ 1,200.00 6.0 Saw cut 440 LF $ 4.00 $ 1,760.00 112 0 112 $ 448.00 $ - $ 448.00 $ 60.855.50 $ 31,876.50 $ - $ 31,876.50 C^ Month of FrojectN e:G"b,y So Daily Report No. No Description , - 1 2 3 4 I 5 1 I 6 I 71 8 1 1 9 t 10 I 11 1 12 13 14 15 161 I 17 18 19 i 201 21 22 23 I 241 I 25 I 261 I 271 281 29 I 30 31 Total z I I I I I I I I I I I I I g I 6 t I I i I I I I I I I I I I I I I I I I I I I I j8!qq7IAj I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I 12,01 I I I I I I I I I I I I I I I I l l l i i l I i 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 I I I I I I I I I I i I I I I I I I I I ( I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 t l l l 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 i l l I I I I I I I I I I I I I I I l l l l l l f 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 I I I I I I Month ot. Ao. Projw P4ame:C;4-y 0Je �/j Pro3ec.t CLP rrolea e - Daily Report No. No Description o 1 Is 2 3 4 ! I 5 1 6 I I I 7 1 6 I I I 9 I I 10 I I 11 1 12 I I 13 14 15 161 I 17 181 19 1 I I 201 I 21 1 I 22 23 1 I 241 I I 25 I I 26 t 1 I 271 26 1 I 29 1 30 1 31 1 Total I I I I I 1 I I I I 21 Ip e 6 I I I I I I I IA122.3 I I II I 1117 I o I I I I I I I 1.2 3 I P,e at I 201.4 21.61 1 121,11 I I l l t II4o l l I I I I I to O I I I I I I I I I I I 5 G. k, I I Al I I 1< I 8 1 1 1I1 1 1 7 1 cf I I I II I I I I I 3 1 I 1 1-1 1 I 1 1 1 1 I I I I I I I I I I I I t I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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--F— I I i I I I I I —i-T 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 CITY OF LA PORTE BUDGET ADJUSTMENT FORM 02-03 City -Wide Sidewalk Replacement TOTA 63,90 DEPARTMENTAL APPROVAL: _ /jU 2--03 ( % FINANCE APPROVAL: DATE: REVISED 8/24/98 s-- CITY OF LA PORTE BUDGET ADJUSTMENT FORM "sir:� �,{•� � r�xAC�COUNT ;,�;,,n4PzROJECT�' �+,'•EXPLANATION, .��{-t^k r AMOUNT.O� ;f;.,3 INCREASE: DECREASE-; FROM: TO: 015-9892-700-9150 Transfer from Contingency to supplement tunas budgeted ' '" :': 13,900 015-9892-709-1100 13,900 �,q.:?r''F=,t`:^6� FROM: TO: for Sidewalk Replacement Program per Council directive =i,'r'.-;t�';,.;�.,;Y.� 4,& L<l .. FROM: TO: t'•I:`:`'"ri ; FROM: FROM: FROM: FROM: TO: Ic:•;:.. -•,_. t:_: FROM: TO: s FROM: FROM: TO: ....: 5vl FROM: Via;; n,rn air FROM: TO: FROM: TO: :,; •.,y:n„ FROM: TO: r opa• .�: e TOTALI 13,9001 13,900 DEPARTMENTAL APPROVAL: FINANCE APPROVAL: DATE: �f31I0 T REVISED 8124198 CITY OF LA PORTE 1 2003 %ccount Balance Inquiry 6 ar 15-9892-700.91-50 k number 015 GENERAL CIP FUND 98 VARIOUS Ment 92 CAPITAL IMPROVEMENT PROJ on 70 CAPITAL IMPROVEMENT PROJ ty-bosic 0 CAPITAL IMPROVEMENT PROJ tivity 91 MISCELLANEOUS 50 CONTINGENCY ;final budget t1 Encumberedt ua expenditures - current . : 'u a expenditures - ytd . . . : �n p0t ed expenditures amount Unposted encumbrances . . . . . : Pre -encumbrance amount . . . . . : 100,000 .00 .00 .00 .00 .00 .00 Total expenditures & encumbrances: n-n-. mb red balance . . . . . . = -100,000.00 100.0 3/31/03 0 9: 11: 4 0 r Unencu - �. .. 11 F5=Encumbrances F7=Project data FB=Misc inquiry F9=Misc update FJO=Detail trans Fll=Acct activity list'F12=Cancel F24=More keys is t REQUEST FOR CITY COUNCIL Agenda Date Requested: March 24 2003 AC'E �A ITEM Requested BY:�„ A ro riatioq., Department: pia Source of Fun "General CIP Fuod 015 Report— Resolution. Account Number: 0I5 9892.7py Ordinance: X - 5 Exhibits; Amount Bud ; Ordinance geted: Bid Tabulation Amount Re -"' Bidders quested: List Map Showing Project Locations Budgeted Item: YES NO As part of SCARY & RECOA��NDATION $50,000.00f FY 2002-2003 Bud for the Sidewalk get for Capital Improvement Projects, City Improvement Project consists Replacement Program• some of the re The 2003 Council approved areas, accessible ram moval and replacement CitY-Wide Sidewalk Ps will be installed of deteriorated Survey, designsideway, In Year, sty and engineering were staff estimates the bid Performed on this 2003 quantities so that bid project util Tffaccessible ulation City received com Prices will be tzmg City Personnel. Each Brooks Concrete bids from 2 night at $50,000. On M 855.50. The , Inc. op p qualified contractors March 5 ram Pnmary reason the lowest a Pasadena submitted the low (see attached Ps included ' 6id. in the Bid identified 52 ram 1° this year's ame m °Vet the budgeted amount amount of Proposes that a ps to be constructed, Project and the Price bid for each antis the number approximately which is roughly twice as '�P• This Project budget; The con Y 27 of the ramps be el' man as Previous J P eject issued. tract will be complete unmated which would b - Projects, staff P Within 90 calendar days once the �g this Project within "l`Iotice to Proceed" is 3roks Concrete, Inc. has veil qualified to perform Performed this work for the City ontract with Brooksthe work. Staffrecommends that n Previous te bid Concrete, Inc. ' yew and is considered gt'antitY for ram ut the amount of $50 000. City Council authorize a co nstruction 0 C'Y This would include a reduction in 'lion Re ui ov rc.t� � i4L. redb Council: �l` ` ;O -7 �J _ nsider aPProvin Woks Co g an ordinance authorizing the City /lY "��r Concrete, Inc, in the tY Manager to execute a con amount of $50,000 for annual sidewalk replacement. O G� c t Brooks y,J eat > City Ma' r ate 2„ GM200113 Fiscal Year 2003 Account number Fund . . . . . Department . . Division . . . Activity basic Sub activity . Element . . . Object . . . . CITY OF LA PORTE ccount Balance Inquiry _J-9892-709.11-00 015 GENERAL CIP FUND 98 VARIOUS 92 CAPITAL IMPROVEMENT PROJ 70 CAPITAL IMPROVEMENT PROJ 9 SIDEWALK REPAIRS 11 RESERV FOR FIN OR ADM USE 00 Original budget . . . . . . . . . Revised budget . . . . . . . . . . Actual expenditures - current . . Actual expenditures - ytd . . . . Unposted expenditures . . . . . . Encumbered amount . . . . . . . . Unposted encumbrances . . . . . . Pre -encumbrance amount . . . . . . Total expenditures & encumbrances: Unencumbered balance . . . . . . . F5=Encumbrances F7=Project data F10=Detail trans Fll=Acct activity list 50,000 63,900 03/31/2003 00 00 00 00 00 00 00 0.0% 4/02/03 11:27:35 63,900.00 100.0 F8=Misc inquiry F9=Misc update F12=Cancel F24=More keys GM201I03 Group number . . . . . . Accounting period . . . Posting date . . . . . . Transaction information: Transaction date . . . Document number . . . Account number . . . . Project number . . . . Amount . . . . . . . . Description 1 . . . . Description 2 . . . . Transaction type code CITY OF LA PORTE 4/02/03 B et Adjustment Transactior 11:26:11 3677 BUDGET ADJUSTMENT 06/2003 mm/yyyy 03/31/2003 mm/dd/yyyy 03/31/2003 mm/dd/yyyy BUD ADJ 15-9892-709.11-00 RESERV FOR FIN OR ADM USE GEN709 SIDEWALK REPAIRS 13,900.00 FROM 015-9892-700.91-50 Press Enter to continue. F3=Exit F12=Cancel F15=Group Inquiry F20=Imaging