HomeMy WebLinkAbout2002-03-18 Public Hearing and Workshop Meeting
MINUTES OF THE REGULAR MEETING,
PUBLIC HEARING AND WORKSHOP MEETING
OF LA PORTE CITY COUNCIL
MARCH 18, 2002
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Peter Griffiths, James Warren, Charlie Young, Jerry Clarke, and Norman Malone.
Members of Council Absent: Howard Ebow, Alton Porter.
Members of C~ Executive Staff and Cit~Employees Present: Assistant City Attorney
John Armstrong, City Manager Robert Herrera, Assistant City Manager John Joerns, City
Secretary Martha Gillett, Assistant Finance Director Michael Dolby, Budget Investment
Officer Shelley Wolny, Tax Manager Kathy Powell, Accounting Manager David Gunter,
Assistant City Secretary Sharon Harris, City Marshall Nelson Thorpe, Human Resources
Specialist Cindy Gates, Director of Administrative Services Carol Buttler, Director of
Planning Doug Kneupper, Public Works Director Steve Gillett, Purchasing Manager
Susan Kelley, Emergency Services Director Joe Sease, Police Chief Richard Reff,
Director of Parks and Recreation Stephen Barr, and Administrative Assistant to the City
Manager Crystal Scott.
Others Present: Bill Manning, Bill Scott, Kay Scott, Nick Barrera, Spero Pomonis, Sue
Gail Kooken, Sib Carpenter, Sue Gail Kooken, Dave Turnquist, Brian Lute, Michael
Lesenski, Pastor Karen Wilhelm, Ray Myers, Jamey Applebe, Edward Sehrent, Jenny
Francis, Will Schendel, Tiffanie Townsend, Chantal Cole, Jennifer Sullivan, Pablo
Sanchez, Wayne Mueller, Beth Cone, Kurt Mainor, Devin Smith, Tasha Doan, Heath
Lynn, Celina Hope, Chris Shippey, Robert L. Wagstaff Sr., Alan Slajer, Isaiah Ortiz,
Amber Sturm, Justin Febbo, Monica Lopez, Jennifer Painter, Ruben Palma, Cristina
Maldonado, Eddie Gray, Ed Matuszak, Bernard Legrand, Mike Mosteit, Neil Welch,
Colleen Hicks and a number of other citizens.
Reverend Karen Wilhelm of Christ Lutheran Church delivered the invocation.
3. Council considered approving the Minutes of the Regular Meeting on February 25, 2002.
Motion was made bX Counci~erson Warren to approve the Minutes of the Regular
Meeting on February 25 2002 as presented. Second by Councilperson Young. The
motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None
City Council Minutes 3-18-02 -Page 2
4. PRESENTATIONS/PROCLAMATIONS
Assistant Director of Finance Michael Dolby recognized Shelley Wolny as the Employee
of the Quarter for the 4th Quarter of 2001.
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS CITY COUNCIL
Bill and Kay Scott of 1802 Lomax School Road of La Porte, Texas, addressed City
Council regarding their living conditions of their home. They informed Council of their
concerns about the cattle feedlot next to their home.
6. Open Public Hearing -Mayor opened the Public Hearing at 6:20 p.m.
Review by Staff- Planning Director Doug Kneupper presented summary and
recommendation and answered questions regarding Zoning Ordinance.
Eddie Gray provided City Council with additional information regarding the request of
rezoning from General Commercial to Low-Density Residential.
Sib Carpenter of 5234 Glen Park, La Porte, Texas questioned the buffer between the
types of land uses.
Recommendation of Staff -Recommends approval.
7. Council considered approval of Rezone Request #R02-001. Planning Director Doug
Kneupper presented summary and recommendation and answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 1501-UU - AN
ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTS, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTS, BY CHANGING THE ZONING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Counci~erson Clarke to approve Ordinance 1501-UU as presented
by Mr. Kneupper. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Warren, Young, Clarke, and Malone.
Nays: Griffiths
Abstain: None
8. Council considered granting an exception to the moratorium created by Resolution No.
2002-20. Such exception would apply to John Hettig for property located approximately
1000 feet south of the Bay Pointe Townhomes in an area zoned PUD.
City Council Minutes 3-18-02 -Page 3
Isaac Matthews (60% owner of the project) provided Council with additional information
regarding the project.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
Motion was made bXCouncilperson Griffiths to approve Resolution No. 2002-20 as
presented b~Mr. Kneupper. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Clarke, and Malone.
Nays: Young
Abstain: None.
9. Council considered approving an ordinance authorizing the City Manager to execute a
contract with D. L. Davidson Contractors, Inc. in the amount of $49,027.00 and further
authorizing $973.00 contingency for the Citywide Sidewalk Replacement Project.
Director of Planning Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2541 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTS AND D. L. DAVIDSON CONTRACTORS, INC. FOR THE CITYWIDE
SIDEWALK REPLACEMENT PROJECT; APPROPRIATING $50,000.00 TO FUND
SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve Ordinance 2002-2541 as
presented b~Mr. Kneupper. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None
10. Council considered approving an ordinance authorizing the City Manager to execute a
contract with Brooks Concrete, Inc. in the amount of $38,352.24 and further authorizing
$2,000.00 contingency for the concrete slab for the Central Park Project.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2542 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTS AND BROOKS CONCRETE, INC. FOR THE CONCRETE SLAB FOR
CENTRAL PARK PROJECT; APPROPIATING $40,352.24 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
City Council Minutes 3-18-02 -Page 4
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Griffiths to approve Ordinance 2002-2542 as
presented b~Mr. Kneupper. Second by Councilperson Warren. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None
11. Council considered approving an ordinance authorizing the City Manager to execute a
demolition contract with Vanco Abatement and Demolition Corporation and
appropriating $15,152.00 to fund said contract.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2543 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND VANCO ABATEMENT AND DEMOLITION CORPORATION FOR
THE DEMOLITION OF CONDEMNED STRUCTURES; APPROPRIATING
$15,152.00 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.
Motion was made by Councilperson Young to approve Ordinance 2002-2543 as
presented b~Mr. Kneupper. Second by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Griffiths,
Nays: None
Abstain: None
Warren, Young, Clarke, and Malone.
12. Council considered approval of an ordinance to close, vacate, and abandon the alleys in
Blocks 861, 868 and 897, Town of La Porte, and the easternmost 226' of West "I" Street
between Blocks 868 and 897 in return for additional rights-of--way along South 16`~ Street
from PPG to facilitate the Fairmont Parkway Improvement Project. Additionally, Staff
recommends that Council authorize the City Manager to execute the "Letter of
Agreement" requested by PPG as presented in Exhibit No. 4.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2544 - AN ORDINANCE
VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 861, 868
AND 897, TOWN OF LA PORTE AND PORTIONS OF THE "I" STREET RIGHT-OF-
WAY BETWEEN BLOCKS 868 AND 897, TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETInGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
• •
City Council Minutes 3-18-02 -Page 5
Motion was made by Counci~erson Clarke to approve Ordinance 2002-2544 as
presented ~ Mr. Kneupper. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Griffiths,
Nays: None
Abstain: None
Warren, Young, Clarke, and Malone.
13. Council considered approval of an ordinance authorizing the City Manager to execute the
First Amendment to Agreement and Lease between the City of La Porte and Tri-Star
Aviation, Inc.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2545 - AN ORDINANCE
APPROVING AND AUTHORIZING A FIRST AMENDMENT TO THE
AGREEMENT OF LEASE FOR FIXED BASE OPERATION AT THE CITY OF LA
PORTE MUNICIPAL AIRPORT BETWEEN THE CITY OF LA PORTE, LESSOR,
AND BAYPORT AVIATION, INC., PREDECESSOR CORPORATION TO TRI-STAR
AVIATION, INC., LESSEE, EFFECTIVE APRIL 1, 2002; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance 2002-2545 as
presented b~Mr. Kneupper. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Griffiths,
Nays: None
Abstain: None
Warren, Young, Clarke, and Malone.
14. Council to consider adoption of an ordinance for Standard Security Life Insurance
Company of New York's proposal, as presented, authorizing the City Manager to execute
the policy contract for April 1, 2002 through March 31, 2003.
Director of Administrative Services Carol Buttler presented summary and
recommendation and answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2546 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND STANDARD SECURITY LIFE INSURANCE COMPANY OF NEW
YORK, FOR A STOP LOSS INSURANCE CONTRACT EFFECTNE APRIL 1, 2002;
APPROPRIATING NOT TO EXCEED $200,827.00, TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
•
City Council Minutes 3-18-02 -Page 6
Motion was made ~ Councilperson Young_to approve Ordinance 2002-2546 as
presented by Mr. Kneupper. Second by Councilperson Warren. The motion carried.
Ayes: Sutherland, Engelken, Griffiths,
Nays: None
Abstain: None
Warren, Young, Clarke, and Malone.
15. Council to review Letter of Resignation from Municipal Court Judge J. B. Williamson
and consider acceptance; and consider authorizing City Manager and City Attorney to
develop a process for selection of a new Municipal Court Judge.
Motion was made by Councilperson Griffiths to approve Letter of Resignation sent by
Munic~al Court Judge J. B. Williamson. Second by Councilperson Warren. The motion
carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None
16.
17.
Consent Agenda
Council considered a consent agenda as follows:
A. Consider awarding bid for auto parts to O'Reilly Auto Parts -S. Gillett.
B. Consider awarding bid for thermal imaging cameras to Hoyt Breathing Air
Products - J. Sease.
Motion was made by Counci~erson Young to approve Consent Agenda. Second by
Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None
Workshop was called to order by Mayor at 8:02 p.m.
The following items were discussed during the Workshop session:
City Council directed staff not to return to the Redistricting Committee and thanked the
Committee for their hard work. Some City Council members have concerns and will
forward these to the City Secretary. Staff will look at the requests and compare with
population numbers to conform data and be sure it is in compliance with the City Council
Ordinance and Justice Department regulations. Staff will bring this item back to a future
City Council Meeting to Workshop again.
18. Close Workshop and reconvene Regular Meeting at 9:23 p.m.
City Council Minutes 3-18-02 -Page 7
19. Administrative Reports
City Manager Robert Herrera reminded Council of the Main Street Circus on March 29,
2002, observing Good Friday as a City Holiday on March 29, 2002, the Chamber of
Commerce "State of the Cities" on March 20, 2002, and the Time Warner Cable Channel
16.
20. Council Comments
Councilpersons Sutherland, Engelken, Griffiths, Young and Clarke brought items to
Council's attention.
21. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
There was not Executive Session.
22. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 9:45 P.M.
Respectfully submitted,
Mart a Gillett
City Secretary
Passed and approved on this the 8`~ day of April 2002.
No an Malone, Mayor
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 18, 2002
Appropriation
Requested By: Dou2 Kneupper
Source of Funds:
N/A
Department: Plannin2
Account Number:
N/A
Report: -L.Resolution: _Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
P & Z Staff Report
Area Map
Mail Out Response
Bud!!eted Item:
YES
NO
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their February 21, 2002 meeting, held a public
hearing to receive citizen comments regarding Rezone Request #R 02-001. This request
involves 16.617 acres located at the northeast corner of Fairmont Parkway and Driftwood Drive.
The tract is bound to the east by the Exxon/Mobil Pipeline Corridor, to the west by Driftwood,
on the north by the detention pond, and on the south towards Fairmont Parkway.
The applicant is requesting that 16.617 acres are rezoned from General Commercial (GC) to
Low-Density Residential (R-1). The remaining .40 acres, with frontage along Driftwood Drive,
would retain its current General Commercial (GC) zoning. Current zoning regulations require a
buffer of 20-20-10 for all GC development adjacent to residential uses.
Staff finds that the requested rezone will be compatible with the surrounding uses. Seventeen
(17) notices of public hearing were mailed to surrounding property owners; one (1) response was
received (0 in favor, 1 opposed) and is attached. The Planning and Zoning Commission, by a
unanimous vote, has recommended to City Council approval of Rezone Request #R 02-001.
Options available to Council:
1. Table the item until a specified future meeting date.
2. Approve the recommendation from P & Z with a simple
majority.
3. Disapprove the recommendation from P & Z with a %
majority.
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of Rezone Request #R 02-001.
Approved for City Council Agenda
G~ "L~
Robert T. Herrera, City Manager
~- 1'L.6'L
Date
ORNINANCE NO. l50l-lA \A.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds,
determines and declares that heretofore, to-wit, on the 21 st day of February 2002,
at 6:00 p.m. a Public Hearing was held before the Planning and Zoning
Commission of the City of La Porte, Texas, pursuant to due notice as required by
the Open Meetings Law, Chapter 551, Texas Government Code, to consider the
question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as
Exhibit "A", and incorporated by reference herein and made a part hereof for all
purposes, a copy of Notice of Public Hearing which the City Council of the City of
La Porte hereby finds was properly mailed to all owners of all properties located
within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said
hearing is attached hereto as Exhibit "B", incorporated by reference herein and
made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on February 21,
2002, the Planning and Zoning Commission of the City of La Porte met in regular
session to consider changes in classification, which were the subject of such
public hearing. The City Council of the City of La Porte is in receipt of the written
ORDINANCE NO. 1501-J.L.1{
Page 2
recommendations of the City of La Porte Planning and Zoning Commission, by
letter dated February 22, 2002, a true copy of which letter is attached hereto as
Exhibit "C", incorporated by reference herein and made a part hereof for all
purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of
La Porte Planning and Zoning Commission, the City Council of the City of La Porte
called a public hearing on the proposed classification changes and the
recommendation of the Planning and Zoning Commission on the 18th day of
March, 2002, at 6:00 p.m., and pursuant to due notice, to consider the
recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of
land. There is attached to this Ordinance as Exhibit "0", incorporated by
reference herein and made a part hereof for all purposes, a copy of the notice of
public hearing.
"Section 5. The publisher's affidavit of publication of notice of said
hearing is attached hereto as Exhibit "E", and incorporated by reference herein
and made a part hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within
the corporate limits of the City of La Porte, is hereby changed, and the zoning
classification of said parcels of land shall hereafter be "R.1
Low Density
Residential." The description of said parcels of land rezoned to Low Density
Residential is as follows,
ORDINANCE NO. 1501-J!J!..
Page 3
to-wit:
TR 13A , W. M. Jones Survey, Abstract-482, La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds,
determines, and declares that all prerequisites of law have been satisfied and
hereby determines and declares that the amendments to the City of La Porte
Zoning Map and Classification contained in this Ordinance as amendments
thereto are desirable and in furtherance of the goals and objectives stated in the
City of La Porte's Comprehensive Plan.
"Section 8. 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 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 9. This Ordinance shall be in effect from and after its passage
and approval.
Passed and approved this the J~
day of March, 2002.
ATTEST:
ORDINANCE NO. 1501-J!k\.
Page 4
BylJ!l/UtJ;d/ /iJjJflt
MART A GillETT, City Secretary
Staff Report
February 21, 2002
Zone Change Request #02-001
Requested by: Eddie V. Gray, Trustee
FairmontPark, N.
Requested for: TR 13A, W. M. Jones Survey, A-482
Location: FairmontParkway@Driftwood
Present Zonin2: General Commercial (GC)
Requested Zonin2: Low-Density Residential (R-I)
Back2round: The property is located at the northeast comer of Fairmont Parkway and
Driftwood Drive. It comprises approximately 22.4 acres ofland out ofW. M.
Jones Survey, A-482, La Porte, Harris County, Texas. This tract is bounded
on the east by the ExxonIMobil Pipeline Corridor, on the west by Driftwood
Drive and located south of the detention pond in the Fairmont Park East
Subdivision.
The applicant is seeking this rezoning from General Commercial (GC) to
Low-Density Residential (R-I) to provide for single-family dwellings. As
shown, this rezoning would consist of 17.2 acres, while 5.15 acres along
Fairmont Parkway would remain zoned General Commercial and not be
considered a part of this request.
Analysis:
In considering this request, staff has reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Parks and Recreation,
Utility Infrastructure, and Residential Development. The specific issues
considered are as follows:
Land Use - Review of the City's adopted 2020 Land Use Plan shows this
area developing with commercial uses. Mter looking at the existing land
uses of nearby properties, commercial uses appear to be inappropriate.
Here, the development of the adjacent properties (Fairmont East
Subdivision) is largely single-family residential with some commercial uses
(convenience store/gas station) along Fairmont Parkway. Staffbelieves the
requested rezone to R-I is more compatible with these current uses.
To enhance compatibility, staff suggests that Reserve A adjacent to the
proposed subdivision also be rezoned to R-I.
Zone Change Request #R 02-001
P & Z Feb 21, 2002
Page 2 of2
Transportation - The tract in question has approximately 600 feet of
frontage along Driftwood Drive, a main access to the Fairmont Park East.
Fairmont Parkway, a semi-controlled access highway should accommodate
the traffic generated by this development. Previously, the Commission
expressed interest in an internal access system for the General Commercial
area adjacent to Fairmont Parkway. This would limit and reduce the number
of future driveways directly connected to Fairmont Parkway. However, the
Commission can address this issue during review and approval of the
amended General Plan. (Staffis currently reviewing the plan.)
Parks and Recreation - The nearest park facility is the Fairmont Park East
Homeowners Association Park at the comer of Mesquite and Driftwood
Drive. The HOA Board previously contacted the City regarding parkland
issues. The association is willing to discuss development of the detention
basin into usable parkland/open space.
Utilities - There is sufficient water and sewer facilities in the vicinity to
provide selVice to this proposed development. As far as public infrastructure
issues are concerned, it will be developer's responsibility to provide any
structures or improvements necessary to accommodate water and sanitary
sewer. Storm water drainage and detention is to the north of the property.
Residential Development - The intent of the Comprehensive Plan is to
provide for attractive low-density residential neighborhoods. The
neighborhood protection standards applicable to this project may include
physical screening, increased setbacks, and use of open space buffers.
Currently, the zoning ordinance allows building setbacks of 20-20-10 as a
buffer between residential and non-residential uses. The Commission may
want to consider additional buffering between uses during review of the
General Plan.
Conclusion:
Staff suggests that during review of the General Plan, items such as
increased setbacks and deeper lots be considered to make R-1 more
compatible with GC. At this time, staff recommends that the Planning and
Zoning Commission approve this zone change request with the modification
that Reserve A for GC (0.40 ac.) is also rezoned to R -1. The change would
represent the highest and best use of the property. Furthermore, the change is
not contrary to the goals and objectives of the Comprehensive Plan.
Actions available to the Commission are
· Recommend approval of the zone change as requested
. Recommend denial of the zone change as requested
. Recommend approval of a modified version of the zone change
~~ -~.~~T.
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.JM.~ ~~
A Meeting of the La Porte
RECEIVED
Plannin2 and Zonm2 Commission
(Type of Meeting)
Scheduled for
FEB 1 4 2002
PLANNING DEPT.
Feb~'21, 200-2
(Date 0 Meeting)
to Consider
Zone Chan2e Request #R 02-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
~~~~~~~~
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Name (please print) Address
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Signature City, Stte, "Zip
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106 -171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 21st
day of February, 2002, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Rezone Request #R 02-001, which has been
requested for TR 13A (22.4 ac.) situated in the W. M. Jones Survey, Abstract-482, La Porte, Harris
County, Texas. The property in question is located along Driftwood Drive and Fairmont Parkway.
The request, submitted by Mr. Eddie Gray, Trustee for Fairmont Park, N., seeks to have
approximately 18 acres south of the detention facility in Fairmont Park East, rezoned from General
Commercial (GC) to Low-Density Residential (R-l). The purpose of this zone change is to provide
for Single-family dwellings.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TOD Line (281) 471-5030 for further information.
EXHIBIT l1
In accordance
with the provisions of Sec- B S
tion.106-1710.f..the Code Ie re un
of Ordinances 9 e City
of La Porte, an - ovisions
of the Texasl cal Gov-.
em C notice is
he i... the La
Porte . . Zoning
Com i duct a
publiche g t '. .M. 'Serving The Bayshore Area Since 1947'
on the 2 day of F ru-
ary, 2002, in the uncil
Chambers of t Hall,
604 West Fairmont Park- )orte
way, La Porte, Texas. The J .'
purpose of this hearing islal ns
to consider Rezone Re- cas
quest #R02-001 , which.
has been requested for TR
13A (22.4 ac.) situated in the undersigned authority on this date
the W.M. Jones Survey, '
Abst~act- 482, La Porte'lppeared Karolyn Kellogg, a duly authorized
Hams County, Texas, The. .
property in question is 10-IVe of The Bayshore Sun, a semi-weekly
ca~ed. along, Driftwood published and generally distributed in the
Dnve and Falrmont Park-
way. The request, -submit- 'orte, Harris County, Texas and who
ted by Mr. Eddie GraY'd I .' h h d .
Trustee for Fairmont Park, U Y sworn, swears t e attac e notice was
j.V." seeks to have ap-l The Bayshore Sun dated OJ -o:? -c 9- .
proxImately 18 acres south
of the detention facility in
Fairmont Park East, re-
zone from General Com-
mercial (GC) to Low Den-
sity Residential (R-1). The
purpose of this zone
change is to provide for ~
Single-family dwellings.
.- A Lab-l,-,f)l&ff:I/
quired to sign in before the
lleeting is convened.
accommodation available.
Request for accommoda-
tion or interpretive services
at meeting should be
made 48 hour prior to the
meeting, Please contact
City Secretary's office at
(281)471-5020 or TOO
Line (281 )-471-5030 for
further information.
THE ST~EXAS
COUNTY OF HARRIS
CITY OF LA PORTE
CITY OF LA PORTE
Martha Gillett
City Secretary
NOTICE OF PUBLIC
HEARING
his facility has disability
A regular meet-
ing of the Planning and
Zoning Commission will
follow the public hearing
Karolyn Kellogg
Authorized Representative
281-471-1234
Fax: 281-471-5763
Sworn and subscribed before me this ~.., H. day of 1..R~ _ '
~~/.l'~L~/v~
Sandra E. Bumgarner U
Notary Public
Harris County, Texas
, 200:2.
')
EXHIBIT B
City of La Porte
Established 1892
February 22,2002
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R02-001
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its February 21, 2002,
meeting, held a public hearing to consider Rezone Request #R02-001. The
applicant, Eddie V. Gray, Trustee, Fairmont Park, JV. seeks to rezone 16.617
acres on the north side of Fairmont Parkway at Driftwood, further described as
TR 13A, W. M. Jones Survey, Abstract-482, La Porte, Harris County, Texas.
The applicant seeks to have the property rezoned from General Commercial
(GC) to Low-Density Residential (R-1).
The Planning and Zoning Commission has recommended approval of Rezone
Request #R02-001.
Respectfully submitted,
4 .~
Betty~
Chairperson, Planning and Zoning Commission
604 W. Fairrnont Pkwy. · La Porte, Texas 77571 . (281) 471-5020
EXHIB'T ,~
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 18th day of March, 2002,
in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Rezone Request #R 02-001, which has been requested for TR
13A situated in the W. M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The
property in question is located along Driftwood Drive and Fairmont Parkway. The request,
submitted by Mr. Eddie Gray, Trustee for Fairmont Park, N., seeks to have approximately 16.617
acres south of the detention facility in Fairmont Park East, rezoned from General Commercial (GC)
to Low-Density Residential (R-1). The purpose of this zone change is to provide for Single-Family
dwellings.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TDD Line (281) 471-5030 for further information.
EXHIBIT -j
820 South 8th Street
La Porte, Texas 77571
TheB
'Serving The Bayshore Area S,
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was
published in The Bayshore Sun dated ~ -,lJI7-D2
c~,fiuQ it J if fj If /) Sj/
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me th:. day of
~ !~ffj?J~
PEGGY LEE Peggy Lee
IIOYAlY PUluc. STATE Of JEW Notary Public
lIT COIlIIISSlOI EXPWS Harris County, Texas
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EXH1B\T ~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Agenda Date Requested:
Appropriation
Source of Funds: CIP Fund
Department:
Plannin2
Account Number: 015-9892-709
Report:
Resolution:
Ordinance: X
Amount Budgeted: $ 50.000.00
Exhibits:
Ordinance
Bid Tabulation
Amount Requested: $ 49.027.00
Budgeted Item: 6U NO
Bidder's list
SUMMARY & RECOMMENDATION
As part of the FY 2001-2002 Budget for Capital Improvement Projects, City Council approved $
50,000.00 for the City-Wide Sidewalk Replacement Project. The City-Wide Sidewalk Replacement
Project consists of the replacement of existing sidewalks in different subdivisions throughout the city.
Survey, design and engineering were performed on this project utilizing City Staff. On March 4, 2002, the
City received five bids from qualified contractors. D.L. DaVidson Contractors, Inc. of Houston, Texas
submitted the lowest bid in the amount of $ 49,027.00. Contract time for completion shall be 45
consecutive calendar days after "Notice to Proceed" is issued.
Staff has reviewed the bid as submitted and determined that it is a reasonable amount and D.L. Davidson
Contractors, Inc. is qualified to perform this work. Staff recommends that the City Council authorize the
City Manager to execute a contract with D.L. Davidson, Inc. in the amount of $ 49,027.00 and further
authorize $973.00 contingency for the City-Wide Sidewalk Replacement Project.
Action Reauired bv Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with D.L. Davidson
Contractors, Inc. in the amount of $ 49,027.00 and further authorizing $973.00 contingency for the City-
wide Sidewalk Replacement Project.
Approved for City Council A2enda
QJ~ \. ~
Robert T. Herrera, City Manager
"& "'1...01...-
Date
ORDINANCE NO. 2002-J 5Lfl
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND D.L. DAVIDSON
CONTRACTORS, INC. FOR THE CITY-WIDE SIDEWALK
REPLACEMENT PROJECT; APPROPRIATING $ 50,000.00 TO FUND
SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City
to all such documents.
City Council appropriates the sum of
$50,000.00 from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
oRDINANCE NO. 2002- A5tl
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this March 18,2002.
By:
ATTEST:
~ aHj;~;{;id/-
Mart a Gillett,
City Secretary
APPROVED: ~ j"
. } /' /
1Ar-I {{.It c{,c ,~.1....
Knox W. Askins,
City Attorney
CITY OF LA PORTE
CITY-WIDE SIDEWALK REPLACEMENT
CLP PROJECT #2001-4501
BID OPENING MARCH 4, 2002 2:00 P.M.
BID TABULATION
D.L. DAVIDSON PAVING CONTRACTORS y 45 $ 49,027.00
BROOKS CONCRETE y 150 $ 57,591.92
BILL MCDONALD CONSTRUCTION y 120 $ 62,054.50
CURB PLANET y 90 $77,765.30
SOUTHERN CUSTOMS y 90 $ 78,097.10
CITY OF LA PORTE
CITY-WIDE SIDEWALK REPLACEMENT
CLP PROJECT #2001-4501
Advertising
The Bayshore Sun - February 17TH and February 24th, 2002
Bid Notice Faxed
Bluebonnet Stroder Co.
908 Perla
Pasadena, Tx. 77502
Phone: (713) 9-41-4804
Fax: (713) 941-4887
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, Tx 77504
Phone: (713) 947-8440
Fax: (713) 947-8444
La Porte Bayshore
Chamber of Commerce
LaPorte, TX 77571
PhOfte: (281) 471-1123
Fax: (281) 471-1710
Associated General Contractors
3825 Dacoma
Houston, TX 77092
Phone: (713)843-3700
Fax: (713) 843-3701
Follis Consttuction
III N. Broadway
La Porte, TX 77571
Phone: (281)471-6881
Fax: (281) 471-6038
FORCE Corp.
PO Box 1079
La Porte, TX 77572-0853
Phone: (281) 470-0550
Fax: (281) 471-9627
Purtis Construction
14710 Palk.Alameda
Houston,TX 77047
PROBe:- (281) 433-1012
Fax: (281) 433-1018
Curl> Planet, Inc.
1050-2 Edgebrook
Houston, TX 77034
Phone: (713) 944-9119
Fax: (713) 944-1006
C & !>-Constructors
PO-OOX 23264
Heuston Tx 77028
231-442-24(>8
zs,1-44Z-2415
Southern Customs
9219 KatyFwy.
Houston, TX 77024
Phone: (713) 682-8807
Fax: (281) 471-1710
Bill McDonald Construction, Inc.
702 Underwood Road
Deer Patk, Tx. 77536
Photie: (281) 479-3030
Fax: (281) 479-4337
Jesse Vega Constructiori to.
2019 Pasa:dena Blvd.
Pasadena, TX 11502
Phone: (713) 13-1552
Fax: (281) 473-1848
Moore & Moore Contractors
PO Box 1517
LaPorte, TX 77572-1517
Phone: (281)471~145
Fax: (281) 471-0601
Ideal Construction SeIVices
PO Box 2915
Sugarland, TX 77487
Phone: (281) 470-0531
Fax: (281) 470~539
D.L. Davison
19728 Saums Rd.
Houston, Tx. 77084
281-646~770
281-646-7047
Contractors that Picked up Plans & Specifications
~Customs
9Z19-~Fwy.
HGIISt9B,; TX 77024
Phone: (713) 682-8807
Fax: (281) 471-1710
D.L. Davison
19728 Saums Rd
Houston, Tx. 77084
281-646-0770
281-646-7047
C"~Inc.
~~
He 1f!1lll, 'IX 71034
PIioIe:- fl13}9"44-9119
Fa&;- ~7T3}944-1006
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, Tx 77504
Phone: (713) 947-8440
Fax: (713) 947-8444
Bill McDonald Construction, lnc.
702 Underwood 'Road
Deer Park, Tx. 77536
Phone: (281) 479-3030
Fax: (281) 479-4337
John Cobb Home Improvement
117 Jeffet$on St
La Porte, texas
Phone (281)471-8691
Fax (281)960-2942
-
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
-
FOR
-
-
-
CITY-WIDE SIDEWALK REPLACEMENT
PROJECT FY 2001-2002
-
-
-
-
-
-
-
-
-
CITY OF LA PORTE, TEXAS
-
JANUARY 2002
CLP PROJECT NO. 2001-4501
-
,...
(4y [~
CITY OF LA PORTE
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002
ClP Project No. 2001-4501
TABLE OF CONTENTS
SECTION
NO. OF PAGES
NOTICE TO BIDDERS.............................. ............. ........................... ..... ...... .......................... ..1
SCOPE OF WORK........................................,..................................... .....................................1
INSTRUCTIONS TO BIDDERS.............. ...................... ...... ........ .............. .......... .................. ...4
SIDEWALK LOCATIONS... ... ... ... .., ... ... ... ... ... ... ... ... ... '" '" ... ... ... ... ... ... ... ..... ... ...18
BID PROPOSAL................................................................................... ....................................4
AGREEMENT.......................................................................................................................... . 2
PAYMENT BOND.... ................. ................................................................................................2
PERFORMANCE BOND................................,.......... .............. .......................... .......................2
GENERAL CON DITIONS........... ...................... ................... ..... ............. "........ ..................... ..42
SU PPLEMENT ARY CONDITIONS .. ............ ................ ........ ............. ....... ................. ...........10
TECHNICAL SPECiFiCATIONS....................................... ................................................... .19
-.........,'-,
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, . . "
,.... \.',
,*: '. 'I
~.... .............. ............:.~..I
J. DOUGLAS K. KNEUPPER~
,..': ... ...... .... ...... .., .... ......,
"~"'" 77145..~.1
" A .t'~~:?~EfflT ~ ~.~o/
~'~~~. . E,i~
2--L 7-0 L
NOTICE TO BIDDERS
CLP Project No. 2001-4501
1. Sealed bids, in duplicate, on the original forms, signed by an officer of the
Company, and addressed to Martha Gillett, City Secretary, City of La Porte, 604 W.
Fairmont Parkway, La Porte, Texas 77572-1115 will be received until 2:00 PM,
March 4, 2002, for the construction of:
CITY OF LA PORTE
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002
CLP PROJECT NO. 2001-4501
2. Bidders are requested to attend a pre-bid conference to be held in the Council
Chambers at City Hall, 604 W. Fairmont Parkway, La Porte, Texas, February 25,
2002, at 10:00 a.m..
3. Interested contractors may obtain plans, specifications and necessary bidding
information at no cost from:
CITY OF LA PORTE
PLANNING DEPARTMENT
604 W. FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
(281) 471-5020
4. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or
bid bond from a surety company licensed in the State of Texas in an amount not
less than five percent (5%) of the total amount bid, as a guarantee that the
successful bidder will enter into a Contract and execute the Bond(s) if required,
within ten (10) days after the receipt of the Contract Documents.
5. The City of Porte hereby notifies all bidders that in regard to any Agreement
entered into pursuant to this advertisement, minority business enterprises will be
afforded equal opportunities to subm it bids in response to this invitation and will not
be discriminated against on the grounds of race, color, sex, age, religion or national
origin in consideration for an award.
6. The Owners reserve the right to reject any and all bids and to waive informalities in
bidding. In case of ambiguity or lack of clearness in stating the prices in the bid, the
Owner reserves the right to consider the most advantageous construction thereof or
to reject the bid.
CITY OF LA PORTE
Martha Gillett
City Secretary
Nntir.A tn Rirlrl,:arc: 1 nl1
SCOPE OF WORK
CLP Project No. 2001-4501
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002
Project consists of the removal of existing sidewalks and replacement
being with either sidewalk or wheelchair ramps. Wheelchair ramps shall
meet the minimum criteria as established by the American Disabilities Act.
Removed concrete shall became the property of the contractor and
removed from the site.
No new wheelchair ramps in this contract.
Performance and Payment Bonds shall be required for these projects.
Scope of Work 1 of 1
INSTRUCTIONS TO BIDDERS
CLP Project No. 2001-4501
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
NOTICE TO BIDDERS, and then at said office publicly opened and read aloud. The
envelopes containing the bids must be sealed and addressed to Martha Gillett, City
Secretary at 604 W. Fairmont Parkway, La Porte, Texas 77571.
The Owner may consider informal any bid not prepared and subm itted 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 thirty (30) days
after the actual date of the opening thereof.
PREPARATION OF BID
Each bid must be submitted on the prescribed form. All blank spaces for bid
prices must be filled in, in ink or typewritten, in both words and figures, and must be fully
completed and executed when submitted.
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.
Instructions to Bidders 1 of 4
QUALIFICATIONS OF BIDDER
The Owner may make such investigations as he deems necessary to determine
the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all
such information and data for this purpose as the Owner may request. The Owner
reserves the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Conditional
bids will not be accepted.
BID SECURITY
Each bid must be accompanied by a cashiers 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 five percent
(5%) of the bid. Such checks or bid bonds will be returned to all except the three (3)
lowest bidders within three (3) days after the opening of bids, and the remaining checks
or bid bonds will be returned promptly after the Owner and the accepted bidder have
executed the contract, or, if no award has been made within thirty (30) days after the
date of the opening of bids, upon demand of the bidder at any time thereafter, so long
as he has not been notified of the acceptance of his bid.
LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to execute and deliver the
contract and bonds required within ten (10) days after he has received notice of the
acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure
or refusal, the security deposited with his bid.
TIME OF COMPLETION AND LIQUIDATED DAMAGES
Time is of the essence in this project and the contractor must diligently pursue
the construction of the work so as to offer it for final acceptance by the Owner within the
time limit specified in the proposal. Liquidated damages of $100.00 per day shall be
chargeable for each day the work remains incomplete past the stated time limit.
CONDITIONS OF WORK
Each bidder must inform himself fully of the conditions relating to the construction
of the project and the employment of labor thereon. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material and labor necessary to carry
out the provisions of his contract. Insofar as possible the contractor, in carrying out his
work, must employ such methods or means as will not cause any interruption of or
interference with the work of any other contractor.
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made to any bidder orally. Every request for such interpretation
Instructions to Bidders 2 of 4
should be in writing addressed to "City of La Porte, Attn: Planning Department, 604
W. FAIRMONT PARKWAY, La Porte, Texas 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 (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.
Instructions to Bidders 3 of 4
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.
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.
Instructions to Bidders 4 of 4
CITY OF LA PORTE
CERTIFICATION BY BIDDER
The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte
Ordinance #98-2217 prohibiting any expenditure for goods or services by the City of La
Porte from any person, firm, or corporation owing any delinquent indebtedness to the
City. The undersigned bidder further certifies that it is in compliance with the
requirements of said ordinance.
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:
Address:
Authorized Signature:
Printed Name:
City-Wide Sidewalk Replacement Pro.iect FY 2001-2002
SHADY RIVERS
910 Hackberry sidewalk 8.6
1006 Hackberry sidewalk 29.1
947 Hackberry sidewalk (on Oak: Leaf) 11.9
1007 Oak: Leaf sidewalk 7.4
1003 Oak: Leaf sidewalk 21.4
918 Oak: Leaf sidewalk 18.1
TOTAL 96.5 L.F.
TOWN OF LAPORTE
1107 East "E"
sidewalk
28.0
12.0
5.0
25.0
4.0
8.0
NW cor. of Adams & 3rd 51. sidewalk
Alley between 3rd & 4th on N. side of Adams
NW & NE cor. Adams & 5th 81. sidewalk ramps
Alley between 5th & 6th N. side of Madison
8E cor. of Madison & 4th sidewalk ramp
TOTAL
82 L.F.
1
GLEN MEADOWS
4918 Archway Dr. sidewalk 4.0
5006 Park Crest Dr. sidewalk 4.0
5213 Park Crest Dr. sidewalk (m.h. adj.) 10.1
5125 Park Crest Dr. sidewalk (m.h. adj.) 9.7
4905 Glenview sidewalk 8.0
5022 Crestway side'Yalk 8.0
5025 Crestway sidewalk 4.0
5102 Crestway sidewalk 4.0
5114 Crestway sidewalk 4.0
5209 Valley View sidewalk 4.0
5117 Valley View sidewalk 8.0
5102 Valley View sidewalk 4.0
5105 Meadow Place sidewalk 29.6
5106 Meadow Place sidewalk 4.0
5230 Glen Valley sidewalk 4.0
4909-4913 Glen Valley sidewalk 6.0
5101 Meadowcrest sidewalk (on Glen Meadows Dr.) 8.0
5109 Meadow Crest sidewalk 4.0
5102 Creekview sidewalk 8.0
5025 Creekview sidewalk 25.8
TOTAL 165.2 L.F .
2
BROOKGLEN/COLLEGEVIEW
83340akhaven sidewalk 7.4
8334-8338 Oakhaven sidewalk (relocate w. meter) 14.6
3331 Fern Rock sidewalk 3.8
3311-3315 Fern Rock sidewalk 16.1
3231 Fern Rock sidewalk 8.0
3231-3227 Fern Rock sidewalk 17.8
. 8418 Bandridge sidewalk 8.0
8410 Bandridge sidewalk 8.0
8519-8515 Beechaven sidewalk 14.0
8411-8407 Beechaven sidewalk 22.4
8406 Collings dale sidewalk 4.0
8407 Collings dale sidewalk 6.0
8418 Collings dale sidewalk 4.0
8707 Bandridge sidewalk 8.7
8715 Beechaven sidewalk 4.0
8710-8714 Beechaven sidewalk 46.1
8702 Beechaven sidewalk 4.0
8719-8723 Collingsdale sidewalk 8.0
8723-8727 Collingsdale sidewalk 30.6
8722 Collings dale sidewalk 14.3
3
8730 Collings dale sidewalk 4.0
3149 Somerton-8815 Beechaven sidewalk 126.2
3115 Gladwyne Ln. sidewalk 9.1
3114 Gladwyne sidewalk 21.9
3123 Gladwyne sidewalk (g.v. adj.) 4.0
8702-8703 Ashwyne Ln. sidewalk (relocate w. meter) 7.9
3303 Ashwyne Ct. sidewalk 5.8
3315 Ashwyne Ct. sidewalk 13.1
3307 Gladwyne sidewalk 8.0
. 3310 Gladwyne sidewalk 4.0
3323 Gladwyne sidewalk (part of driveway) 4.0
3331 Gladwyne sidewalk 4.0
3333 Gladwyne sidewalk 4.0
8835-8831 Oakhaven sidewalk (relocate w. meter) 4.0
3415 & 3407 Gladwyne sidewalk (placement only) 151.1
3623-3619 Gladwyne sidewalk 12.8
8806 Ashwyne sidewalk 8.0
3331 Somerton sidewalk 8.0
3335 Somerton sidewalk (part of driveway) 4.8
8603 Wood Drift Ct. sidewalk (relocate w. meter) 6.5
3627 Somerton sidewalk (m.h. adj.) 4.5
3723 Somerton sidewalk 4.0
3726 Somerton sidewalk 4.0
4
3734 Somerton sidewalk 4.0
8514 Lazy Brook sidewalk 10.5
8502 Barry Brook sidewalk 16.7
8522-8518 Fair Brook Ct. sidewalk (relocate w. meter) 26.4
8526 Fair Brook Ct. sidewalk 7.6
8511 Lazy Brook-3842 Fair Brook sidewalk 15.9
3831 Fair Brook sidewalk 4.0
3818 Fair Brook sidewalk (partial driveway) 5.8
3803 Fair Brook sidewalk (g.v. adj.) 28.8
. 3403 Brookwood sidewalk 6.2
TOTAL 799.4 L.F.
5
FAIRMONTPARKEAST
3817-3819 Pecan sidewalk 6.9
3821 Pecan sidewalk 6.3
3826 Pecan sidewalk (m.h. adj.) 5.0
3831 Pecan sidewalk 4.0
3834 Pecan sidewalk 6.2
3859 Pecan sidewalk (across street) 10.5
3874 Pecan sidewalk 13.5
10911-10913 Pecan sidewalk 4.0
10927 Pecan sidewalk 4.2
3813 Redbud sidewalk 10.9
3817-3819 Redbud sidewalk 4.0
3825-3827 Youpon sidewalk 4.2
3803 Cottonwood sidewalk 4.0
3816 Cottonwood sidewalk 4.8
3820 Cottonwood sidewalk 5.8
10814 Mesquite sidewalk (across street) 4.0
10816 Mesquite sidewalk 9.1
10830 Mesquite sidewalk 5.0
10832-10834 Mesquite sidewalk 4.0
10923-10925 Mesquite sidewalk 8.0
10932 Mesquite sidewalk 7.1
10805 Birch sidewalk 12.0
6
10816 Birch sidewalk 7.5
10827 Birch sidewalk 8.1
10828 Birch sidewalk 4.0
10900 Birch sidewalk 4.0
10917 Birch sidewalk 4.0
10922 Birch sidewalk 13.8
10937 Birch sidewalk 7.0
10941 Birch sidewalk 6.2
10817-10819 Collingswood sidewalk 35.4
10818 Collingswood sidewalk 7.6
10900 Collingswood sidewalk 6.1
10913 Collingswood sidewalk 4.0
10918 Collingswood sidewalk 4.0
10925 Collingswood sidewalk 4.0
10930 Collingswood sidewalk 4.0
10923-10925 Rosewood sidewalk 18.5
10925 Rosewood sidewalk 4.0
10935 Rosewood sidewalk 6.2
10924 Pinewood sidewalk 9.7
10925-10927 Pinewood sidewalk 8.3
10929 Pinewood sidewalk 3.1
10937 Pinewood sidewalk 5.0
10833 Dogwood sidewalk 4.0
7
10836 Linwood sidewalk 4.0
10840-10842 Linwood sidewalk 4.9
10826 Mulberry sidewalk 4.0
10828 Mulberry sidewalk 4.0
10838 Mulberry sidewalk 31.2
10844 Mulberry sidewalk 4.0
10908-10910 Mulberry sidewalk 9.0
10909 Mulberry sidewalk 4.2
10832 Idlewood sidewalk 4.0
10834 Idlewood sidewalk 3.2
10839-10841 Idlewood sidewalk 3.3
10913 Idlewood sidewalk 3.8
10829-10831 Spruce S. sidewalk 4.0
10838 Spruce S. sidewalk 14.0
10825 Spruce N. sidewalk 4.0
10829 Spruce N. sidewalk 4.0
10940-10942 Fairwood sidewalk 12.2
TOTAL 439.8 L.F.
8
FA~ONTPARKCENTRAL
3203 Piney Brook sidewalk (on Old Orchard) 3.8
10210 Old Orchard sidewalk 4.0
10214 Old Orchard sidewalk 25.2
10310 Antrim sidewalk 17.5
10322 Antrim sidewalk 4.0
10338 Antrim sidewalk 8.1
10206 Catlett sidewalk 12.1
10306 Belfast sidewalk 4.0
10346 Belfast sidewalk 4.0
10342 Belfast sidewalk 6.6
10234 Belfast sidewalk 4.0
3405 Valleybrook sidewalk (on Carlow) 63.5
10314 Carlow sidewalk 4.0
10318 Carlow sidewalk 13.4
10338 Carlow sidewalk 4.0
10350 Carlow sidewalk 8.0
10338 Winding Trail sidewalk 4.0
10326 Winding Trail sidewalk 16.5
10306 Winding Trail sidewalk 15.4
10007 Hillridge sidewalk 4.0
10102 Hillridge sidewalk 12.1
10410 Belfast sidewalk 26.9
9
10418 Belfast sidewalk 19.2
10420 Belfast sidewalk 10.3
10424 Belfast sidewalk 4.0
10439-10447 Belfast sidewalk 4.0
10447 Belfast sidewalk 9.5
3110 Oaken Ln. sidewalk 4.0
3210 Oaken Ln. sidewalk 8.1
3214 Oaken Ln. sidewalk 7.0
3214 Oaken Ln. sidewalk (on Belfast) 4.0
3109 Old Hickory sidewalk 8.0
3209 Old Hickory sidewalk 4.0
3208 Old Hickory sidewalk 4.0
3323 Old Hickory sidewalk 4.0
10439 Antrim sidewalk 9.4
10439 Catlett sidewalk (on Oaken) 14.2
10407 Carlow sidewalk 8.0
10415-10419 Carlow sidewalk 4.0
10422 Carlow sidewalk 4.0
10423-10427 Carlow sidewalk 4.0
10447 Carlow sidewalk 4.6
10406 Winding Trail sidewalk 24.1
10418 Winding Trail sidewalk 8.4
10439 Winding Trail sidewalk 6.0
10
10447-10451 Winding Trail sidewalk 10.4
10455 Winding Trail sidewalk 4.0
10458 Winding Trail sidewalk (on Old Hickory) 10.0
10459 Winding Trail sidewalk (on Old Hickory) 8.0
10407-10411 Collingswood sidewalk 10.1
10439-10443 Collingswood sidewalk 65.1
10442 Collingswood sidewalk 4.0
10454-10458 Collingswood sidewalk 19.8
10422 Quiet Hill sidewalk 4.0
10438 Quiet Hill sidewalk 4.0
10439 Quiet Hill sidewalk 13.3
10439-10443 Quiet Hill sidewalk 8.4
10455 Quiet Hill sidewalk 5.5
10458 Quiet Hill sidewalk (on Old Hickory) 4.0
10439-10443 Rustic Gate sidewalk 8.0
10443 Rustic Gate sidewalk 8.7
10447 Rustic Gate sidewalk 12.0
10450 Rustic Gate sidewalk 8.4
10454 Rustic Gate sidewalk 3.3
10455 Rustic Gate sidewalk 14.8
10458 Rustic Gate sidewalk (on Old Hickory) 14.2
10459 Rustic Gate sidewalk (on Old Hickory) 4.0
10407 Rustic Rock sidewalk 4.0
11
10414 Rustic Rock sidewalk 31.5
10419 Rustic Rock sidewalk 28.1
10423 Rustic Rock sidewalk 4.0
10431 Rustic Rock sidewalk 8.0
10438 Rustic Rock sidewalk 10.5
10443 Rustic Rock sidewalk 17.5
10458 Rustic Rock sidewalk (on Old Hickory) 14.7
10459 Rustic Rock sidewalk (on Old Hickory) 28.4
10459 Rustic Rock sidewalk 17.9
10310 Rustic Rock sidewalk 4.0
10311 Shell Rock sidewalk 4.0
10327 Shell Rock sidewalk 8.0
10335-10339 Shell Rock sidewalk 13.2
10410 Shell Rock sidewalk 4.0
10419 Shell Rock sidewalk 12.7
10430 Shell Rock sidewalk 5.3
10433 Shell Rock sidewalk 4.0
10434 Shell Rock sidewalk 4.0
10442 Shell Rock sidewalk 15.7
10447 Shell Rock sidewalk 4.0
10447-10451 Shell Rock sidewalk 4.0
10458 Shell Rock sidewalk 8.0
10458 Shell Rock sidewalk (on Old Hickory) 4.0
12
10314 Rocky Hollow sidewalk 9.6
10319 Rocky Hollow sidewalk 4.0
10327 Rocky Hollow sidewalk 4.0
10339 Rocky Hollow sidewalk (g.v. adj.) 2.9
10340 Rocky Hollow sidewalk (g.v. adj.) 8.0
10422 Rocky Hollow sidewalk 4.0
10434-10438 Rocky Hollow sidewalk 8.0
10442 Rocky Hollow sideWalk 8.0
TOTAL 993.9 L.F.
FAIRMONT PARK WEST
10011 Wilmont sidewalk 7.7
10019 Wilmont sidewalk 8.3
10107 Wilmont sidewalk 10.3
10 126 Wilmont sidewalk (g.v. adj.) 4.6
10003 Rustic Rock sidewalk (on Wilmont) 4.0
10006 Rustic Rock sidewalk 8.8
10002 Rustic Rock sidewalk (on Wilmont) 47.7
9943 Shell Rock sidewalk (g.v. adj.) 9.0
9707 Dover Hill sidewalk 8.0
9711 Dover Hill sidewalk 4.0
9746-9738 Dover Hill sidewalk 4.0
9926 Dover Hill sidewalk 10.5
13
10002 Winding Trail sidewalk 31.8
10034-10030 Quiet Hill sidewalk (relocate w. meter) 8.4
9910 Stonemont sidewalk 4.0
10023 Stonemont sidewalk 6.4
10027 Stonemont sidewalk 24.8
10111 Stonemont sidewalk 4.0
9831 Rocky Hollow sidewalk 12.0
10007 Rocky Hollow sidewalk 8.0
10022 Rocky Hollow sidewalk 4.0
10026 Rocky Hollow sidewalk 4.0
10119 Rocky Hollow sidewalk 17.6
10118 Rocky Hollow sidewalk 4.0
10135 Shell Rock sidewalk 7.0
10131 Shell Rock sidewalk 10.3
10110 Shell Rock sidewalk 4.0
10002 Shell Rock sidewalk 6.2
9934 Shell Rock sidewalk 6.6
9843 Shell Rock sidewalk 7.4
9822 Shell Rock sidewalk 8.1
9735 Rustic Rock sidewalk 5.2
9823 Rustic Rock sidewalk 3.7
9835 Rustic Rock sidewalk 4.0
9903 Rustic Rock sidewalk 6.6
14
9922 Rustic Rock sidewalk 6.3
10103 Rustic Rock sidewalk 4.0
10102 Rustic Rock sidewalk 4.0
10126 Rustic Rock sidewalk 4.0
10138 Rustic Gate sidewalk 5.1
10131 Rustic Gate sidewalk 8.0
10027 Rustic Gate sidewalk 4.0
10010 Rustic Gate sidewalk 8.5
10003 Rustic Gate sidewalk 4.0
9930 Rustic Gate sidewalk (across street) 4.0
9810 Rustic Gate sidewalk 4.0
9743 Rustic Gate sidewalk 5.3
9734 Bannont sidewalk 3.8
9902 Bannont sidewalk 4.0
9915 Bannont sidewalk 11.4
10002 Bannont sidewalk 4.0
10111 Bannont sidewalk 12.1
3802-3806 Maplewood sidewalk (across street) 5.1
3626 Maplewood sidewalk (across street)(m.h. adj.) 7.2
9803 Channont sidewalk 11.1
9907-9911 Channont sidewalk 7.0
10007 Charmont sidewalk 4.0
10011 Channont sidewalk 4.0
15
10103 Channont sidewalk 8.0
10107 Channont sidewalk 17.4
10111 Channont sidewalk 8.1
10115 Channont sidewalk 4.0
10119 Channont sidewalk 4.0
10010 Quiet Hill sidewalk 12.7
10110 Quiet Hill sidewalk 4.0
10107-10111 Quiet Hill sidewalk 21.8
10119 Quiet Hill sidewalk 4.0
10122 Quiet Hill sidewalk 12.6
10115 Winding Trail sidewalk 11.9
10127 Winding Trail sidewalk 4.0
10002 Carlow sidewalk 4.0
10011 Carlow sidewalk 9.2
10019 Carlow sidewalk 8.9
10102 Carlow sidewalk 4.0
10111 Carlow sidewalk 9.2
10114 Carlow sidewalk 35.6
10 122 Carlow sidewalk 41.8
10126 Carlow sidewalk 14.7
10127 Carlow sidewalk 8.0
10119 Belfast sidewalk 20.8
10 118 Belfast sidewalk 29.8
16
9810 Catlett sidewalk 14.2
9919 Catlett sidewalk 33.8
10106 Catlett sidewalk 4.0
10118 Antrim sidewalk 12.7
10026 Antrim sidewalk 17.6
10002 Antrim sidewalk 19.7
9802 Dover Hill sidewalk (on Cedarmont) 4.0
9747 Wilmont sidewalk (on Cedarmont) 9.3
9911 Wilmont sidewalk (on Parkmont) 4.0
9923 Stonemont sidewalk (on Parkmont) 4.0
10115 Clairmont sidewalk 4.0
10023 Clairmont sidewalk 4.0
3818 Roseway sidewalk 14.9
3822 Roseway sidewalk (m.h. adj.) 6.2
10122 Park Ln. sidewalk 3.3
9942 Parkway Dr. sidewalk 4.0
3818 Rosemont sidewalk 5.1
10110 Roseberry sidewalk 4.0
10127 Roseberry sidewalk 9.3
3811 Roseberry sidewalk 7.0
3727 Roseberry sidewalk (across street) 6.8
3723 Roseberry sidewalk (g.v. adj.) 9.2
3719 Roseberry sidewalk 5.0
17
3507 Roseberry sidewalk 8.0
3503 Roseberry sidewalk (across street) 4.0
3427 Roseberry sidewalk 4.0
3403 Roseberry sidewalk 4.0
3303 Roseberry sidewalk 29.2
10119 Hillridge sidewalk (on Roseberry) 48.6
10127 Winding Trail sidewalk (on Roseberry) 9.3
TOTAL 1,071.6 LF
18
BID PROPOSAL FOR UNIT PRICE CONTRACT
CLP Project No. 2001-4501
Proposal oft>. L .b~" I\)SON (CtJ1l:A(!it1,ereinafter called "Bidder")* a corporation,
organized and existing under the laws of the State of "fE:.:xA. ~ ,* a partnership, or an
individual doing business as GpA....~ ((':)t..J'Tt!\R.\:'Of.. to the City of La Porte, Texas
(hereinafter called "Owner').
Ladies and Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of City-Wide
sidewalk replacement project FY 2001-2002 per plans and specifications prepared by
the City of La Porte, and having examined the plans and specifications with related
documents and the site of the proposed work, and being familiar with all of the
conditions surrounding the construction of the proposed project including the availability
of materials and labor, hereby proposes to furnish all labor, materials and supplies and
to construct the project in accordance with the contract documents, within the time set
forth therein, and at the prices stated in the attached Bid Schedule. These prices are to
cover all expenses incurred in performing the work required under the contract
documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on a date to be
specified in written "Notice to Proceed" of the Owner and to fully complete the project
within ~ consecutive calendar days thereafter as stipulated in the specifications.
Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each
consecutive calendar day thereafter as provided in Paragraph SC-6 of the
Supplementary Conditions of the Agreement.
Bidder acknowledges receipt of the following addendum:
NDNf".
DATE: (\'3 "04 - 2.ac 2..
Bid Proposal 1 of 4
BASE BID PROPOSAL
BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans
and further described in the specifications for the sum of f=ot..""'('Vl W 1\J 'E..
THoUS,PQJD f~'\..H> "\1,\.J~tJ"M sc,vs0 Do~S ~\ Hi) o/l<JC <.. ----.-
dollars ($ 4 q ) 0 2.1 ,<r' ). (Amount shall be shown in both words and figures. In case
of discrepancy, the amount shown in words will govern.)
Bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a
period of thirty (30) calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidders will execute
the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as
required by the General Conditions.
The bid security attached in sum of 5010
dollars ($ .5 D/O ) 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.
BY:
ResRctfully sri itted :
^ W t1'\. l~
(Signature of Authorized Person)
~ ~ \eJ- b~ \ {)Sof\)
(Print Name of AuthOrized Person)
(SEAL)
\JILL .p~6\D6J\
(Title)
\C1l.Lh SNJM5i:..D PM!) ~\ ?_S
(Business Address)
~-\o0 'i\CtJ --rx
(City) (State)
Cl:t~ \) b4b-t9Tlo
(Telephone Number)
"11 D~4
(Zip Code)
Bid Proposal 2 of 4
STATEMENT OF MATERIALS AND OTHER CHARGES
MATERIALS INCORPORATED INTO THE PROJECT:
ALL OTHER CHARGES:
TOTAL:
231~'O~
$
$
-Llo F', 2\ ctJ
jV ..
$ yq ,02l.0D
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.
\ \J~\
~~\
Bid Proposal 3 of 4
BID PROPOSAL FOR UNIT PRICE CONTRACT
BID SCHEDULE
CLP Project No. 2001-4501
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002
Item Description Unit Estimated Unit Total
No. Quantities Price
1.0 CONCRETE SIDEWALK LF 3497.3
REMOVAL 200
COMPLETE IN PLACE ~9q4" bO
@ 1WD DOL\.....~':>
per L )~ E.J\-c. ?-r
2.0 4' WIDE CONCRETE SIDEWALK LF 3648.4
COMPLETE IN PLACE \\ J 00 '-lD, I 32-.'-40
@ ~L\Z\JG tJ rou.M: ~
per L \ U(;p.!L PI'
3.0 MANHOLE ADJUSTMENT EA 6
COMPLETE IN PLACE 2oo~G I LOD. DO
@ ~0 rtU\JDt~
per ~Ac \-\
4.0 GATE VALVE ADJUSTMENT EA 7
COMPLETE IN PLACE I <""Ol:,t, l 00 00
~ t '
'-J .
@ D \)~ }.\U Ut)t.~ D
per E:-ACl-\
5.0 EXTRA BANK SAND (ORDERED TON
BY CITY) 'O,Oc
COMPLETE IN PLACE
@ \ \ZJJ DDLL~ S
Per '\'t)\-J
6.0 EXTRA SOD ( BY CITY) SY
COMPLETE IN PLACE
@ 'TED ~~t..S \ D ~ c
Per
~Qv~ --{f<J:>
TOTAL
AMOUNT BID
L-f q , 0 2 l. 00
.
- f'cCM tJl~~ '1b.'sAtJDf\1JD-\tJJ6JiVl seu(JJ CocWS Ai DIl<::o~--
(IN WORDS)
Bid Proposal 4 of 4
CITY OF LA PORTE
CERTIFICA rlON 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.
...Dl2 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:
'b.\...DA\1\t)~t-J (DN1RA.(1Oe~ \tJL,
\<:r12~ 5/Wlv'\$ ~D r~B itlLS
t-t-O,Y3TOtJ \X <110 lJY
(l...J IJ~~
,
DJ\tJ\EL \)~vu>-:otJ
Address:
Authorized Signature:
Printed Name:
AGREEMENT
CLP Project No. 2001-4501
THIS AGREEMENT, made this 18 day of March, 2002, by and between the
CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY
MANAGER and D.L. Davidson Contractors (a corporation)
of Houston ,County of Harris ,and State of Texas, hereinafter called
"Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002
CLP PROJECT NO. 2001-4501
hereinafter called the project, for the Total Price of Forty nine thousand twenty seven
and 00/100 dollars ($ 49,027.00 ) and all extra work in connection
therewith, under the terms as stated in the General and Supplementary Conditions of
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 ther~fore, as prepared
by the City of La Porte, all of which are made a part hereof and collectively evidence
and constitute the contract.
Agreement 1 of 2
The CONTRACTOR hereby agrees to commence work under 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 ~ calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the sum of
$100 for each consecutive calendar day thereafter as hereinafter provided in
Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first above
mentioned.
City of La Porte
Name of Owner
SEAL
By: G?~ T, l~
Robert T. Herrera
Attest:
By: ~ aJJilL ;.1 atd
Martha Gillett
City Manager
Title
City Secretary
Title
SEAL
])-0' (y.w,b50/J (!OIJTfLAC-T/~ I/Vc#
By:~7fI"!?
Signature of Authorized Person
rWllJEIJ!
Title of Authorized Person
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Witness " .
/1')6 SIfut115 ~ tJ IJJ-
Address and Zip Code
/lous 1O;J 'Ii 72 TO JY
Approved as to
Agreement 2 of 2
Bond No. CB53267
PERFORMANCE BOND
CLP Project No. 2001-4501
STATE OF TEXAS
COUNTY OF
Harris
D. L. Davidson
KNOW ALL MEN BY THESE PRESENTS: That Contractors" Inc. of the
City of Houston County of Harris I and State of Texas , as principal,
and ~~~~~}ig!e~5fu~~g9 authorized under the laws of the State of Texas to act as
surety on bonds for principals, are h~ld and firmly bound unto. The City of La Porte
(Owner), in the penal sum of Forty N~ne Thousand Twenty Seven & 00/160 dollars
(J 49,027.00 ) for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally,
by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the 18th day of March. 2002, to which contract is hereby referred to
and made apart hereof as fully and to the same extent as if copied at length herein.
\1
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 f~rce and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253. as
amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in
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
wotk to be performed thereunder.
Perfonnance Bond 1 of 2
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 11 th day of April ,2002.
D. 1. Davidson
Contractors, Inc.
National American Insurance Company
Principal
Surety
JJ41.~.
By:
C - tJ.. tWfhY'o
By:
Title:
President
Title:
C. W. Adams, Attorney-in-Fact
Address:
Address:
19728 Saums Road
P.O. Drawer 9
Houston, Texas 77084
Chandler, OK 74834
The name and address of the Resident Agent of Surety is:
C. W. Adams - Insurance Alliance
1776 Yorktown, Suite 200
Houston, Texas 77056
HOUSTOUN. WOODARD. EASON, GENTLE.
TOM FORDE, AND ANDERSON. INC.
dba Insurance Alliance
1 n6 Yorktown, Suite 200
Houston, Texas 77056.4114
TOllicense #1381 FEIN #760362043
Performance Bond 2 of 2
Bond No. CB53267
PAYMENT BOND
CLP Project No. 2001-4501
STATE OF TEXAS
COUNTY OF
Harris
D. L. Davidson
KNOW ALL MEN BY THESE PRESENTS: That Contractors, rnc. of the
City of Houston County of Harris , and State of Texas , as
.. d l~at:~onal American . d d th I of th St f T
princIpal, an Tml11r;:mrp r.mnp::my authonze un er e aws e ate 0 exas
to act as surety on bonds for principals, are held and firmly bound unto The City of La
Porte (Owner), in the penal sum of Forty Nine Thousand Twenty Seven & oO/loOc!ollars
($ 49,027.00 ) for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally,
by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the 18th day of March. 2002, to which contract is hereby
referred to and made apart hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosecution of the work provided for in said contract, then, this
obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the proviSions
of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253. as
amended and all liabilities on this bond shall be determ ined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the tenns of the Contract, or to the work perfonned
thereunder, or the plans, specifications~ or drawings accompanying the same, shall in
such change extension of time, alteration or addition to the terms of the contract, or to
the work to be performed thereunder.
Payment Bond 1 of 2
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 11th day of April ,2002.
D. L. Davidson
Contractors. Inc.
National American Insurance Company
J
Principal
f)~.'/-
Surety
By:
By:
"l
c>. tJ _ tzI/(i..vy1.o
Title:
President
Title:
C. W. Adams, Attorney-in-Fact
Address:
Address:
19728 Saums Road. PMB 125
P.O. Drawer 9
Houston, Texas 77084
Chandler, OK 74834
The name and address of the Resident Agent of Surety is:
C. W. Adams - Insurance Alliance
1776 Yorktown, Suite 200
Houston. Texas 77056
HOUSTOUN, WOODARD. EASON, GENTLE.
TOMFORDE. AND ANDERSON. INC.
dba Insurance Alliance
1776 Yorktown, Suite 200
Houston, Texas 77056.4114
TOI License #1381 FEIN #760362043
I
,I
Payment Bond 2 of 2
NATIONAL AMERICAN INSURANCE COMPANY
CHANDLER, OKLAHOMA
POWER OF ATTORNEY
PRINCIPAL
D. L. Davidson Contractors, Inc.
EFFECTIVE DATE
04-11-02
19728 Saums Road PMB 125, Houston, Texas 77084
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT $49,027.00 AMOUNT OF BOND $ 49,027.00
CB 53267
POWER NO.
KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the
state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of
Directors of the said Company on the 8th day of July, 1987, to wit:
"Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-
Fact, such persons, finns, or corporations as may be selected from time to time.
Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid
and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding
upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company does hereby
make, constitute and appoint DONALD E. WOODARD, JR., SHARON CAVANAUGH, CYNTHIA A. HARTIS, C.W. ADAMS, SUE KOHLER, ANDREW
.... JANDA, LELAND L. RAUCH, CHERYL R. COLSON, HARLAN J. BERGER OR MICHAEL COLE State of TEXAS
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and
deliver in its behalf, and its act and deed, as follows:
The authority of said Attorney-in-fact to bind the company shall not exceed $1,000,000 for any single bond.
And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
l' authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby
1"atified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
i..-
NATIONAL AMERICAN INSURANCE COMPANY
}y ~J~
W. Brent LaGere, Chairman & Chief Executive Officer
L
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
On this 8th day of July, A,D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said
corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name, thereto by like order.
.Jk YJ1L
l_
Notary Public
My Commission Expires August 31, 2003
l
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
I, the undersigned, Assistant Secretary oftlle Natiooal American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORc"lEY remains in full force.
Signed and Sealed at the City of Chandler~ 1 Dated the 11 th
day of
April
(~Ionlh)
2002
(Year)
L_
I
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1/ia;t/ /~~
Winifred E. Mendenhall, Assistant Secretary
IMPORTANT NOTICE
IN ORDER TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may call National American Insurance Company's toll-free telephone number at:
800-822-7802 or 800-322-2210
or
You may write to National American Insurance Company at:
Attn: Claims Department
P.O. Box 9
Chandler, OK 74834
- or street address -
Attn: Claims Department
1010 Manvel Avenue
Chandler, OK 74834
You may also contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
. does not become a part or a condition of the attached document and is given to
comply with Section 2253.048, Government Code, and Section 53.202, Property
Code, effective September 1,2001.
ACORD,. CERTIFICA TE OF LIABILITY INSURANC~2~~~ B~ DATE (MMIDDNY)
04/10/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Alliance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Houston TX 77056
Phone: 713-966-1776 Fax: 713-966-1700 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Texas Mutual Ins CO
INSURER B: Travelers Insurance Company
D L Davidson coniractors Inc. INSURER C
19728 Saums Rd. 125 INSURER D:
Houston TX 77084
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER ~~~lfM,f,bBW.}YE P~.k+~~ri~r~~?N LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
-
B X COMMERCIAL GENERAL LIABILITY PACP741H019A02 02/22/02 02/22/03 FIRE DAMAGE (Anyone fire) $300,000.
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000
PERSONAL & ADV INJURY $1,000,000
-
GENERAL AGGREGATE $ 2 , 000 , 000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
I n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==l ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
==l DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I TORY LIMITS I IUE~-
A EMPLOYERS' LIABILITY TSFOOO1110899 11/17/01 11/17/02 $ 500000
EL. EACH ACCIDENT
E L. DISEASE - EA EMPLOYEE $ 500000
E L. DISEASE - POLICY LIMIT $ 500000
OTHER
A Contractors Equip PACP741H019A02 02/22/02 02/22/03 Rent/Leas 250,000
Ded 250.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate holder is shown as Additional Insured on General Liability
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLA TION
LAPOR09 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlm
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...3.L DAYS WRITTEN
City of La Porte NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
604 West Fremont Parkway IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
La Porte TX 77571 REPRf:SENTATIVES.
AU~~ED R.RJ.~Er-:TATI' "~II __ ....
I r . · -T
ACORD 25-S (7/97)
@ACORDCORPORATION 1988
GENERAL CONDITIONS
CLP Project No. 2001-4501
General Conditions 1 of 1
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This doCument has important legal consequences; consultation with an attorney is encouraged with respect to its use or .
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COl\Du'rl'E1!:
and
.~II
.
Issued and Published Jointly By
NafionalSociefyof
Professional Engineers
PmllaJ,mlll Engl"..n In hnllPtldln
)
AMERICAN CONSULTING
ENGINEERS. COUNCIL
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The ....soc:iat<d Gencral T C_rs of America
Construction Specifications Institute
~~
AKI
AMERICAN SOCIETY OF
CML ENGINEERS
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-
8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EICDC User's Guide (No. 1910-50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17)
(1996 Edition).
EICDC No. 1910-8 (1996 Edition)
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Copyright 01996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
00700 - 2
. .
......
TABLE OF CONTENTS
('""
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ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 6
1.01 Defined Tt!T11IS ................................................... 00700 - 6
1.02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 8
ARTICLE 2 - PRELIMINARY MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 9
2.01 Delivery of Bonds ................................ '. . . . . ." . . . . . . . . . ; . '00700 - 9
2.02 Copies of Documents .............................:................... 00700 - 9
2.03 Commencement of CQntract Tunes; Notice to Practtd .......................... 00700 - 9
2.04 Starting the Walt ................................................. 00700 - 9
2.05 Before Starting Construction .......................................... 00700 - 9
2.06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 00700 - 10
2.07 Initial Acceptance of Schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......... ~ . . . . . . . . . . 00700 - 10
3.01 Intent. . . . . . . . . . .'. . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . : . . . . . . . 00700 - '10
3.02 Reference Standards .............................................. 00700 - 10
3.03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11
3.04 Amending and Supplementing Contract Documents ......................:..... 00700 - 11
. 3.05 Reuse of Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS;
REFERENCE POINTS .............................................. 00700 - 11
4.01 Availability of Lands .............................................. 00700 - 11
4.02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12
4.03 Differing Subsurface or P~ysical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12
4.04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13
4.05 Reference Points .. '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13
4.06 Hazardous Environmental Condition at Site " . . . . . . . . . . . . . . . . . . . . . . .'. . . . . '. . oo7Dq - 14
ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15
5.01 . Performance, Payment, and Other Bonds ................................. 00700 - 15
5.02 Licensed Sureties and./nsurers ........................................ 00700 - 15
5.03 Certificates of Insurance . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15
5.04 CONI'RA.CTOR's Liability Insurance .................................... 00700 - 15
5.05 OWNER'sLiabilityInsurance . .........................................00700-16
5.06 Property Insurance ................................. '. . . . . . . . . . . . . . 00700 - 16
5.07 Waiver of Rights ...... . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 17
5.08 Receipt and Application of Insurance Proceeds. . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . 00700 - 18
5.09. Acceptanct of Bonds and Insuranct,' Option to Replace ........................ 00700 - 18
5.10 Partial Utilization, Acknowltdgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18
ARTICLE 6 - CONTRACTOR'S RESPONSmlUTIES ...... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18
6.01 Supervision ani! Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18
6.02 . Labor,' Working Hours ............................................. 00700 - 19
6.03 Services, Materials, and Equipment. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19
6.04 Progress Schedule .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19
6.05 Substitutes and "Or-Equals" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 00700 - 19
6.06 Concerning Subcontractors, Suppliers, and Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 20
6.07 Patent Fees and Royalties ........................................... 00700 - 21
6.08 Permits. . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 21
6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22
6.10 Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 00700 - 22
6.11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22
6.12 Record Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22
6.13 Safety and Protection ...... . . . . . . . . . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . 00700 - 23
6.14 Sqfety Representative .............................................. 00700 - 23
6.15 Haz.ard Communication Progra~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
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6.16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 23
6.17 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 23
6.18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 24
6.19 CONTRAcrOR's General Warranty and Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 25
6.20 Indemnification. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 25
ARTICLE 7 - OrnER WORK .................................................... 00700 _ 26
7.01 . Related Work at Site .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 26
7.02 Coordination. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 26
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ARTICLE 8 - OWNER'S RESPONSmlUTIES ........................................ 00700 _ 26
8.01 Communications to Contractor ............... . . . . . . . . . . . . . . . . . . . . . . . . '. 00700 _ 26
8.02 ReplQ.cement of ENGINEER. . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . 00700 _ 26
8.03 Furnish Data ...................................................'. 00700 _ 26
8.04 Pay Promptly iVhen Due . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 26
8.05 Lands. and Easements: Repons and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . 00700 _ 26
8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . 00700 _ 27
8.07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 27
8.08 Inspections, Tests, and Approvals ....................................... 00700 _ 27
8.09 Limitations on OWNER's Responsibilities ................................. 00700 _ 27 _
8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 _ 27
8.11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 27.
9.01 OWNER'S Representative ...;....................................... 00700 _ 27
9.02 VISits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27
9.03 Project Representative .......................:..................... 00700 _ 27
9.04 Clarifications and Interpretations ...................................... 00700 - 28
9.05 Authorized Variations in Work ........................................ 00700 - 28
9.06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.07 ShopDrawings, Change Orders and Payments ................ ..............00700 -28
9.08 Determinations for Onit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28
9.10 Limitations on ENGINEER's Authority and Responsibilities. . . . . . . . . . . . . . . . . . . . . . 00700 - 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ......................;............ 00700 - 29
10.01 Authorized Changes in the Work .............. . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29
10.02 Unauthorized Changes in the Work ..................................... 00700 - 29
10.03 Execution of Change Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 _
10.04 Notification to Surety '.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29
10.05 Claims and Disputes. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK. . . . . . . . . . . . . . 00700 - 30
11.01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30
11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 32
11.03 Unit Price Work ................................................. 00700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 - 33
12.01 Change of Contract Price ........................................... 00700 - 33
12.02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33
12.03 Delays Beyond CONTRAcrOR's Control .................,................ 00700 -.33
12.04 Delays Within CONTRAcrOR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
12.05 Delays Beyond OWNER's and CONTRAcrOR's Control. . . . . . . . ~ . . . . . . . . . . . . . . . 00700 - 34
12.06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK. . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.01 Notice of Defects ......... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.03 Tests and Inspections ............................................... 00700 - 34
13.04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35
13.05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35
13.06 Correction or Removal of Defective Work ...........;...................... 00700 - 3S
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13.08 Acceptance of Defective Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
13.09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
ARTICLE 14 - PAYMENTS TO CONTRAcTOR AND COMPLETION. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . 00700 - 36
14.~ Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . 00700 - 37
14.03 CONrRACI'OR's Wamurl)' ofntle ..................................... 00700 - 38
14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38
14.05 Partial Utilization ................................................ 00700 - 39
14.06 Finallnspection ................................................., 00700 - 39
14.07 Final Pay~ . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . '. . 00700 - 39
14.08 Final Completion Delayed . . . . . . . . . . . . 0.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40
14.09. Waiver o/Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................. 00700 - 40
15.01 OWNER May Suspend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . 00700 - 40
15.02 OWNER May TermlnateforCause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40
15.03 OWNER May Terminate For Convenience . . . . . . .' . . . . . . . . . . . . . . . . . ~ . . . . . .'. . 00700 - 41
15.04 CONI'RA.CI'OR May Stop Work or Terminate. ; .... . . . . . . . . . . . . . . . . . . . . . . . . . .00700.-.41
ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41
16.01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . 00700 - 41
ARTICLE 17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42
17.01 Giving Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . 00700 - 42
17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42
17.03 Cumulative Remedies ........................ . . . . . . . . . . . . . . . . . . . . . . 00700. 42
17.04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 42
17.05 Contrplling Law ................................................. 00700 - 42
00700 - 5
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 letten, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
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1. Addenda-Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
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2. Agreement-The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
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3. Application/or Payment-The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
imal payments and which is to be accompanied by such
supporting documentation as is required by the Contract,
Documents .
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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.
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5. Bid-- The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents-The Bidding Requirements
and . the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements-The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
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8. Bonds--Performance and payment bonds and
other instruments of security.
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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
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Contract Times, issued on or after the Effective Date of -
the Agreement.
10. Claim-A demand or assertion by OWNER or _
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, 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. Contract-The entire and integrated written
agreement between the' OWNER and CONTRACTOR -
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
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12. Contract Documents-The Contract Documents
establish the rights and obligations of the parties and
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include the Agreement, Addenda (which pertain to the
Contract 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 Orders.
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are _
not Contract Docwnents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics, _
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
13. Contract Price-The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract Times--The number of days or the dates
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stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER' s writte~
recommendation of final payment.
15. CONTRACTOR-The individual or entity with
whom OWNER has entered into the Agreement.
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16. Cost of the Work--See paragraph 11.01.A for
definition.
17. Drawings-That part of the Contract Docwnents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. . Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defined.
18. Effective DaJ~ of the Agreement-Tbe date
indicated in the Agreement on whi~ ~ 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 in the Agreement.
20. ENGINEER's Consultant-An individual or entity
having a contract with ENGINImR. to furnish services as
ENGINEER's independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order-A written order issued by ENGI-
NEER which requires minor Changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times. .
22. General Requirements-Sections of Division 1 of
the Specifications. The General Requirements pertain to
all se~tions of the Specifications.
23. Hazardous Environmental Condition-The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material. in such
quantities or circwnstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous Waste-The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
2S. Laws and Regulations,' Laws or Regulations-Any
and all applicable laws, rulel\, regulations,. ordinances,
codes, and orders of any and all governmental bodies,
agencies, . authorities, and courts having jurisdiction.
26. Liens-Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
00700 - 7
27. Milestone-A principal event specified in the
Contract Docwnents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award-The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the ..
conditions precedent listed therein, OWNER wUI sign and
deliver the Agreement.
29. Notice to Proceed--A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which
CONTRACTOR shall.start to perform the Work under
the Contract Documents.
30. OWNER-The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization-Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs-Polychlorinated biphenyls.
33. Petroleum-Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pOunds per square inch absolute), such as oil, petroleum,'
fuel oil, oil sludge, all refuse, gasoline, kerosene, and oil
mixed with other non-Hazardous Waste and crude oils.
34. Project-The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
3S. Project Manual-- The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be ~und in one or more volumes, is
contained in the table(s) of conte~ts.
36. Rodioactive MaJerial-Source, special nuclear, or
byproduct material as deCmed by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. Resid.ent Project RepresentaJive- The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
38. SanqJles--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings-All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
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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.
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41. Specifications-That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor-An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance-of a part of the Work
at the Site.
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43. Substantial Completion-- The time at which the
Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a . specified part thereof) is sufficiently 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
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
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44. Supplementary Conditions-That part of the
Co~tract Documents which amends or supplements these
General Conditions.
4S. Supplier-A manufacturer. _fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with-any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities-All underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
00700 - 8
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater, - ~
storm water, other liquids or chemicals, or traffic or ~
other control systems.
47. Unit Price Work--Work to be paid for on the
basis of unit prices.
48. Work-- The entire comp.eted 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 dOCUDientation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as -
required by the Contract Documents.
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49. Work. Change Directive-A written statement to _
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion, or revision
in the Work, or responding to differing or unforeseen -
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the -
Contract Times but is evidence that the parties expect that
the bliange ordered or documented by a Work Change .
Directive will be incorporated in a subsequently issued _ ~
Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract
Times.
50. Written Amendment--A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR oh or after the Effective Date of the _
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction-related
aspects of the ContractDocum.ents.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved, or or terms of like effect or _
import are used, or the adjectives "reasonable, "
"suitable," "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 Contract Documents 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
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use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the perfonnance of the Wor~ or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
ARTICLE 2 - PREUMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight. 2.02 Copies of Documents .
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
inspection, 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 been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, InstaU, Perform, Provide
,I. The word "furnish,. when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, mjlterials, or equipment.
to the Site (or SOIDe other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipme~t, shall mean 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
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipmC?nt complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" "is implied.
E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meanhlg.
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additionai copies will lie
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Worle
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 Starling Construction
A. CONrRACI'OR's Review of Contract Documents:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error,
ambiguity. or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affec~ed thereby; hoWever, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error. ambiguity, or discrepancy in the Contract
DocUments unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise specified
00700 - 9
in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work., including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
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3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
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.
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C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article S.
2.06 Preconstruction Conference
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A. Within 20 days after the Contract 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 the Work and to discuss the schedules
referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
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2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten d;lYS before submission of the flI'st
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 the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to' ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression ar"the ~ ~
Work to completion within any specified Milestones and ,
the Contract Tunes. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for -
sequencing, scheduling, or progress' of the Work nor
interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
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2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
. provides a workable arrangement for reviewing and -
processing the required submittals.
3. CONTRACTOR's schedule of values will be -
acceptable to ENGINEER as to fonn and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what
is called for by one is as binding u if Galled for by all. _ t
B. It is the intent of the Contracl. Documents. to describe
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 Docu-
ments or from prevailing custom or. trade usage as being _
required to produce the .intended result will 1>(: provided
whether or not specifically called for at no additional cost to
OWNER.
C. Clarifications and interpretations of the Contract
Documents shall J>e issued by ENGINEER as provided in
Article 9.
3.02 Reference StantkudJ
A. Standards. . Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications, manuals,
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, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
00700 - 10
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except as may be otherwise specifically stated in the
Contract 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 arty of
their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the performaIICC of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity;
or discrepancy within 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 any standard, spcc~cationtmanual or code, or of any
instruction of any SUpplier, CONTRACTOR shall report
it to ~NGINEER in writing at once. . CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the COD:tract Documents, the provisions of the Contract .
Documents shall take precedence in resolving any
contlict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a: ... the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
3.04 Amending and Supplementing Contract Documents
. A. The Contract Documents may be amended to provide
for additions, deletions, and revisions in. the Work or to
modify the tenns and conditions thereof in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contract DocUments may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clarification. .
3.05 Reuse oj Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Consultant, including
electronic media editions; and (ii) shall not reuse any of such
Drawings, SpecifICations, other documents, or copies 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 fmal paymeilt;. completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - A V A.1LAB1UTY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability oj Lands
A. OWNER shall furnish the Site. OWNER shall notify
CONTRACTOR of'any encumbrances or restrictions not of
general-application but specifically related to use of the Site -
with which CONTRACTOR mUst comply in performing the
Work.:OWNER will obtain in a timely manner and pay.for .
easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or extent,
if any, of any adjustment in the Contract Price or Contract
Times, or both, as a resUlt of any delay in .OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
00700 - 11
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B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or filing a mechanic I s or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACfOR shall provide for all additiona1lands
and access thereto that may be required for temporary
cons~tion facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings:
Conditions identify:
The Supplementary
1." those reports of explorations and teSts of ' I
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Contract
Documents.
.. 'B.' Limited Reliance by CONTRACTOR on TechnicQz
Data Authorized: CONTRACTOR may rely upon the" ,
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not'
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such 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: '
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techni~s, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, oplDlons, 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.
00700 - 12
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsur-
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
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1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to"-
rely as provided in paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a ch8nge in the
Contract Documents; or
3. differs matel"iaily from that shown or indicated in -
the Contract Documents; or
4. is of an unusual nature, and differs materially-
from conditions ordinarily encountered and generally
recognized as inherent in work of the 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 in"an eIlletgency as required by paragraph
6.16.A), notify OWNER. arid ENGINEER in writing about
such condition. CONTRACtOR shilll not further disturb - ~
such condition or perform any Work in 'connection 'therewith
:(except as aforesaid) until receipt of written order-todo so:-
B. ENGINEER's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of
OWNER's obtaining additional exploration or tests with-
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract 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 required for, perfor-
mance of the Work; subject, however, to the following:
a. such condition must meet anyone 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 Price .
will be subject to the provisions of paragraphs 9.08
and 11.03.
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2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER in respect of Contract
Price and Contract Times by the'submission of a Bid
or becoming bound under a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
~t of any examination, ihvestigation,'exploratian,
test, or study of the Site and contigUous areaS
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
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c. CONTRACTOR failed to giVe the written
notice within the time and as required by paragraph
4.03.A.
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3. If OWNER and CONTRACTOR arc unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both. a Claim maybe made therefor as
provided in paragraph 10.05. However, OWNER,
E~G~lm., ~"ENOINEER'sConsultants shall not be
liable to CONTRACTOR for any claiIns, costs, losses, or
~g~;(~l~:but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) "sustained by CONTRACTOR on or in connection
with any other project or anticipated projec:rt.
4.04 Underground. FaciUties
A. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to
exiMing Underground Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER: sball 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
the Contract Price, and CONTRACTOR shall have full
responsibility for:
III
a. reviewing and checking all such information
and data, .
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
. .. B. "Not Shown or IndiCllted
1. If an Underground Facility is uncovered or
revealed at or contiguouS to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, CONTRACTOR
shall;" promptly after becoming aware thereof and before "
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6. 16.A), identify
the owner of such Underground Facility and give written
notice to that owner and' to OWNER and ENGINEER.
ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a
change is required in the Contract Documents to reflect
and document the consequences of the .existence or
" ".,locatioD,of the Underground Facility. During such time,.
. :"CONTRACTOR shall be responsible for the safety and"
..' ~ proteptionofsuch Underground Facility. "' . :;:....'..,:~;,
"'. 2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price of Contract Times, or
both, to the extent that they arc attributable to the
e~stence 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
anticipated. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for . construction which in
ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
00700 - 13
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 monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary. Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
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B. Limited Reliance by CONTRACI'OR on Technical
Data A.uthorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings arc not
Contract 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:
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1. the completeness .of.such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences.and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
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2. other data, interpretations, OpInlons and
information contained in such reports or shown or
indicated in such drawings; or
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3. any CONTRACTOR interpretation of or
conclusion drawn froni 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 encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop -
all 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 ENGINEER-
(and promptly. thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concerning .
the necessity for OWNER to retain a qualified expert to-
evaluate such condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume_
Work in connection with such condition or in any affected
area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR written
notice: (i) specifying that' such condition and any affected-
area is or has been rendered safe for the resumption of Work;
or (ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and -
CONTRACTOR cannot agree as to entitlement to or on the
amount or extent,. if any, of any adjustment in Contract 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 make a
Claim therefor as provided in paragraph 10.05.
F. 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 'such Wark under such special conditions,' then
OWNER:may..order the portion of the Work that is in the ,.'.,
area affected by such condition to be deleted from the Work.
If OWNER and CONTRACTOR cannot agree as to-
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either party 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.
G. To the .fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold harmless -
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and_
subcontractors of each and 'any of them from and against all
claims, costs, losses, and.damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and _
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that' such
Hazardous Environmental Condition: (i) was not shown or -
indicated in the Drawings or Specifications or identified in
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by -
anyone for whom CONTRACTOR is responsible. Nothing
00700 - 14
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in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall. indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
consultants, and subcontractors of each and any of them from
and againSt all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition created -by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRActoR to indemnify any individual or entity from
and against the consequences of that individual~s or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLES-BONDS AND INSURANCE
5.01 Perforntahce, Piiyment, and Other Bonds
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A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's. obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. ~ Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or Regulations, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as Acceptabllfsureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 (amended) by the Financial Management Service, Surety
Bond Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy
of such agent's authority to act. .
- C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
.. ,tight to do business is terminated in any state where any part
Ofth~i PtOjcct is located or it ceases to meet the requirements
00700 - 15
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of paragraph 5.01.B, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Contract'
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety ot insurance
companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements aDd qualifications as may be provided
in the Supplementary Conditions.
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S .03 - certificates ()f Insurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain. OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidenee of insurance requested by
CONTRACTOR - or' any other additional insured) which
OWNER is required.to purchase and maintain.
5.04 CONTRAcrOR's Liability Insurance
A. CONTRACTOR shan purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed. by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
I. claims.. under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
3. claims for damages because of bodily iIijury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
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4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (il) by any other person for any
other reason;
S. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
de.ath of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by paragraphs
S.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 :tlf 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. include at least the specific coverages and be
written for not less than the limits ~f liability provided in
the Supplementary Conditions or' required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until fmal 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-made-
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish O~ and
each other additional insured identified in the Supple--"
mentary Conditions, to whom a .certificate of insurance
has been issued, evidence satisfactory .to. OWNER and
any such additional insured of continuation of such
insurance at final payment and one year thereafter). -
5.0S OWNER's Uability Insurance
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A. In addition to the insurance required to be provided
by CONTRACTOR under. paragr~h S.04,. OWNER, at
OWNER's option, may purchase and maintain at OWNER's,."
expense OWNER's own liability insurance as will protect
OWNER against claims which may arise from operations
under. the Contract Documents.
S.06 Property Insurance
A. Unless otherwise provided in the Supplementary-
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts": .
as may/be 'provided' in the Supplementary Conditions or
required by Lawsand,Regulations). This insurance shall:
. 1. include the interests of OWNER, CONTRAC--
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers_
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an addjtional insured; -,
2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at-
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the.....
following. perils or causes of loss: fire, lightning,
extended. coverage, theft, vandalism and malicious.
mischief; earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and-
Regulations, water damage, and such other perils OJ
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 not-
limited to fees and charges of engineers and architects);
00700.- 16
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4. cover materials and equipment stored at the Site
or at another location that w~ agreed to in writing by
OWNER prior to be~ 4J,cofPQnted in. the Work,
provided that such materials ~d equipmeni have been
included in an Application for Payment recommended by
ENGINEEB.;
S. allow for partial utilization 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 certifi-
cate of insurance has been issued.
. ,
B. OWNER shall purchase Ind j"aintai~ SQCh boiler and
macl1.inery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINBER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
C. All. the policies of insurance (and the certificates .or .
other . evidence thereof) required :~. : J?e ..pW;Chased and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement $lt the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance . specified ,in this
paragraph 5.06 to protect the in~erests of CONTRACTOR,
Subco1)tractors, or others in the Work to the extent of any
dCductible amounts that are id~ntified in the Supplementary
Conditions. The risk of loss within such identified deductible
amount will be bome by CONTRACTOR, Subcontractors,
or other~ sqffering any such loss, and if any of them wishes
property bisurance coverage within the limits of such
amOlQ1ts, . each may purchase and maintain it at the
~vh:haser's own expense.
.~ la: If CONTRACTOR requests in writing 'that other
i;... 'JJ~ia.l insUfance be included in the property insurance
lJ8J,i~ies~f~vif;ied under paragraph S .06, OWNER .shall, if
~,!I;)l~, include such insurance, and the cost thereof will be
.~ted to CONTRACTOR by appropriate Change Order or
.:..J~flttcn Amendment. .Prior to commencement of the Work
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all policies
purch@,sed in accordanc~ with paragraph S.06..wiU protect
OWNER, CONTRACTOR, Subcontractofs, BNG~ER,
ENGINEER's Consultants, and. all. other individuals or
entities identified in the Supplementary Coriditions to be
listed as insureds or adcU~onal insureds' (and tbc oftice~,
directors, partuers, employees, agents, and other consultants
aDd subcontractors of each and any of them) in such policies
aDd will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. All
such poJici~ shall contain provisions to the effect that in the
event of pllyment of any loss or damage the .ers will
have no rights of recovery against any of the ~weds or
additional insureds thereunder. OWN~ and..CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other.
consultants and subcontractors of each and any of tbCtq for
all losses ami damages caused by, arising O\\t of or resulting
from any of the perils or causes of loss coven;d by sueh
policies ~ any other property insurance applicable to the
Work; and, in addition, wpjve .ilL Juell' ti~.. ,giWJi;t
SubContractors, ENGINEER. :aN~'s CouSu1tmt:s~ and
all other individuals or entitic:s~dentified in the Supplemen-
tary Conditions to be listed ~. ~e4sor .w1itio~a1 in$ureds
(and the officers, directors, partners, employees, ag~nts, and
other consultants ~ subcontractors of eacn and any or them)
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rightS that any PllrtY
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable Under any
policy so issued.
B. OWNER. waives all tights ag~t CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants, and
the officers, directors, partners, employees, agents, and oilier
consultants and subcontractors of each and any of them for:
1. loss due to :business interroption, loss of use, or
other consequential loss extending beyond direct physical
.101lS or damage to OWNER's property or the Wo*..:.
. caused by, arising out of, or resulting from fire or other
peril whether or not insured by OWNER; and
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on the:: completed Project
or part thereof by OWNBR. during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
00700 - 17
pursUant to paragraph 14.04, or after fmal payment
pursuant to paragraph 14.07.
-
of such party by the Contract Documents, such party shall
notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to mamtain -
C. Any insurance policy maintained by OWNER cover- prior to any change in the required coverage. Without
ing any loss, damage or consequential loss referred to in prejudice to any other right or remedy, the other party may
paragraph 5.07.B shall contain provisions to the effect that in elect to obtain equivalent Bonds or insurance to protect such ..;.
the event of payme~ of any suc;h loss, damage, or other party's interests at the expense of the party who was
consequential loss, the insurers will have no rights of.. :,rcquired to provide such covera~e, and a Change Order.~
recovery .".. against CONTRACTOR, Subcontractors, . be issued to adjust the Contract Price accordingly. . <.
ENGnma.~ or ENGINEER's Consultants an~ the officers,;"{ "d' :i'-'"
ditectors, partners, employees, agents, and other consultants 5.10 Partial Utilization, Acknowledgment of Property
and subcontractors of each and any of them. Insurer
5.08 Receipt and Application of lnsilran~e Proceeds
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A. Any insured loss under the policies of insurance
required by paragraph 5.06 wUl be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mongage clause and of paragraph 5.08.B.
OWNER shall depOsit in a separate account any money so
reCeived and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached, the damaged WOJk shall be repaired or
replaced, the moneys so received applied on account thereof,
. and the Work and the cost thereof covered by an appropriate
Chan:~e Order 'or Written Amendment. ":.' "~.." .-
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B. OWNER as fiduCiary shall have power to adjust and
settle any loss with the insUrers Ufi1es~ one of the parties in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exerCise of this power. If
such objection be made, OwNER as', fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the loss with the insurers
and, if required in ~ri~g by any party in interest, OWNER
as fiduciary shall give bOnd for the proper performance of
such duties.
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5.09 Acceptance of Bonds and Insurance; Option to
Replace
;.:..
A. If either OW~ or CONTRACTOR has any
objection to the coverage afforded by or other provisions of
the Bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5 on
the basis of non-conformance with the Contract Documents,
the objecting party shall so notify the other party in writing
within 10 day~ after receipt of the certificates (or other
evidencereqtiested) required by paragraph 2.0S.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
I ~
00700 - 18
A. If OWNER finds it necessary to Occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided.in p~agraph 14.05, ._
DO such use or occupancy shall commence before the insurers
providing the property insurance pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers -
providing the property insurance shall consent by endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted. to lapse on acco~t of any -.
such partial use or occupancy.
ARTICLE 6 - CONTRACTOR~.S'RESPONSmILITIES .
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct
the Work competently and efficiently, devoting such attention _
thereto and applying suCh skills and expertise as. may be
necessary to perform the Work in accordance with ~e
Contract Documents. CONTRACTOR shall be solely_
responsible for the means, methods, techniques, sequences,
and procedures of construction, but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific-
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall_
be responsible to see that the completed Work complies
accurately with the COntract Documents.
B. At all times during the progress of the Work,
CONTRACtOR shall assign a competent resident superin-
tendent thereto wh~ shall not be replaced without written
notice to OWNER and ENGINEER except under-
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the Site and ~all have
authority to act on behalf of CONTRACTOR. A11-
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
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6.02 ~[; ~orking Hours
",;1" ,
A. C," ::.' . 'CTOR shall provide competent, suitably
qualified .}'.:~ I to survey, layout, and construct the
Work as' v;..".. d by ~ Contract Documents. CON-
TRACT '-.' at all times tnaiPtain good discipline and
.'.-.. '
order at ,.
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B. EJ~t' ~ othe~ required for the safe?, or
protectio '~~sons or the Work or property at .the Site or
adjacent, ". ~~ .~ except as oth.~rwise stated in the
ContractQ, all Work at the Site shall be performed
during re. 0 ~orkmg hours, and CONTRACTOR will not
permit " work or the perfo~ce of Work on
Saturday, ~ '; or any legal holiday without OWNER's
written . {Which will not be unreasonably. withheld)
. ,,~; "given aftc written notice to ENGINEER..' ,-, '.'; 1 "
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6.03
seMles: Materials, and Equipment
',j~,.t:' .
A. Unless otherwise specified in the General Re-
quiremen~lrr,;6N1'RACTOR shaQ. provide and assume full
rcsponsibi!1';!:f6t'all services, materials, equipment, labor,
~i; ~on equipment and machinery, tools,
appliances:;;'~fuel, power, light, heat, telephone, water,
sanitary facUlties; temporary facilities, and all other facilities
-. " ., .,and incid~iitals ~cessary fot the performance, .te~ting,
I. .... :'..:" ~-UP' aJ\~~t~~qti ~f the Work:' '. .' .~~~:_ '.' '.
B. Alr~f~~S~aI1d equipment incorporat~d into the
Work shal11j.aS specified or, if not specified, shall be of
good quali1l .~, new, except as otherwise provided in the
Contract tiUDents. All warranties and guarantees
speCifica1l~~,< . ,led for by the Specifications shall expressly
roD to the ~t of OWNER. If required by ENGINEER,
CONTRA~ . ~ha11 furnish satisfactory' evidence
_ . (including ~ns of required tests) as to the source, kind,
I and quality''"Ofmaterials and equipment. All materials and
t equipment sliltl :be stored, applied, installed, connected,
erected, p~~, used, cleaned, and conditioned in
accordance '" Mth instructions of the applicable Supplier,
except as otperWise may be provided in the Contract Docu-
ments.
6.04 Prd)b~' Sdzedule
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A. C ... '" CTOR shall adhere to the progress schedule
establishe., ~c_Qr~e with paragraph 2.07 as it may be
adjusted fr .,_..~~e to time as provided below. '
~."";;'"'''''''' .
1. ", ..~CTOR shall submit to ENGINEER for
acceptiQ. r:'tto. the extent indicated in paragraph 2.07)
proposi';jJ~tm~ts in the progre.ss schedul~ that will
not Ie ,~gmg the Contract TlDles (or Milestones).
Such'.., S will conform generally to the progress
schedul. . hi effect and additionally will comply with
any provisions of the General Requirements applicable
therero. .
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
b!: submitted in accordance with the requirements of,
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
. Article 12. .
6.05 .:' 'Substitutes and "Or-Equals" .'
A. Whenever an item of material or equipment is
specified or described in the Contract Documents I;>y using
the name of a proprietary item or the name of a particular
Supplier, . the . specification or description is intended to
establish the type, function, appeararicc, and quaiity required.
Unless the specification or description contains or is followed
by words reading that no like, equivalent, or "or-equal" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Supplier~ may
be submitted to ENGINEER for review under the circum-
stances descn"bed below.
1. .Or-Equal" Items: If in ENGINEER's sole
discretion an i~ of material or equipment proposed by
CONTRACTOR is functionally equal ro that named and
~ciently Sbni1ar $0 that no cluu1gC'in related Work will
be required, it may be considered by: ENGINEER as an
"or-equal" item, in which case review and approval of
the proposed item may, in ENGINEER's sole discretion,
be accomplished without compliance with some or all of
the requirements for approval of proposed substitute .
items. For the purposes of this paragraph 6.0S.A.l, 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: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item' 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 under
00700 - 19
paragraph 6.0S.A.l, it will be considered a proposed
substitute item.
( .
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 named and
an acceptable. ~1;>stitute therefor. Requests for
review of proposed su1Jstitute items of material or
equipment will not be' acCepted by ENGINEER from
anyone other than CONTRACTOR.
l. ;
c. The procedure for review by ENGINEER
will be as set' forth in paragraph 6.0S.A.2.d, as
supplemented in the GeD:Cral ReqUirements and as
.ENGINEER may decide is appropriate under the
circuinstances.
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d. CONTRACTOR shall first make written
application to ENGINEER for review of a proposed
substitute item 'of material or equipment that
CONTRACTOR seeks to furnish or use. The
application shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that Specified, and be suited
. to the same use as that specified. The application
: will; state the extent, if any, to Which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the. Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in cqnnection with tlle Work is subject to payment of
any. license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
enginee~g, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an iteinu:ed estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs. of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
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B. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly
required by the Contract Documents, CONTRACTOR may
furnish or utilize a substitute means, method, technique,
sequence, or procedure of constru~tion approved by ENGI-
NEER. CONTRACTOR shall submit sufficient information
to allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to that _
expressly called for by the Contract Documents. The proce-
dure for review by ENGINEER will be similar to that
provided in s~bpaIagraph 6.0S.A.2. . .
4
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C. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
subini~ ~ade pursuant to paragraphs 6.0S.A and 6.0S.B.
ENGINEER. will be the sole judge of acceptability. No
"or~" or s~bstitute will be ordered, installed or utilized
.untll ENGINEER's review is complete, .which will.be _.
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." ENGINEER will
advise CONTRACTOR in writing. of any negative
determination.
D. Spec.ial Guarantee: OWNER may require CON-
TRACTOR to furnish at CONTRACTOR's expense .a special
performance guarantee or other surety with respect to any
substitute.
E. ENGINEER's Cost Reimbursement: ENGINEER will
..' record time requ~d by ENGINEER and ENGINEER,'s
. Consultants~. ev~~ilil& substitute proposed or submitted by ,
CONTRACTOtt pursuant to.paragrapbs 6.0S.A.2 and 6.0S.B
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a sUbstitute item so propOsed or
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNER: for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such proposed
substitute.
~
F. CONTRAcrOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or-equal" at CONTRACTOR's expense.
6.06
Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B),
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 $e Work
against whom CONTRACTOR has reasonable objection.
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B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
00700 - 20
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c. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the 6.07 Patent Fees and Royalties
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work just as A. CONTRACTOR shall pay all license fees and
CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the
acts and omissions. Nothing in the Contract Documents shall. . . performance of the Work or the incorporation in the Work of
cr~at~'fc)r.the;beilCfi.t of any such Subcontractor, Supplier: t>r>'~ 'aJiy\invention, design, process, product, or device"~hieh is
other individliaJ ~or entity any contractual relationship between ',.. .lhe . subject of patent rights or copyrights held by. otherS".": 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 Contract Documents: for use in the
obligation on the part of OWNER or EN:GINEER to payor performance of the Work and if to the actual knowledge of
to see to the payment of any moneys due any such Subcon- OWNER or ENGINEER its use is subject to patent rights or
tractor, Supplier, or other individual'.pr entity except as may copyrights calling for the payment of any license fee or
otherwise be required by Laws and Regulations. royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent 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
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to 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.
entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement,' and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding D~ents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be: rewked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable'replacemei1t for the ,'.
rejected Subcontractor,. Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be .issued or Written
Amendment signed. No acceptance by OWNER of any such
. Subcontractor,' 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.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the 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 Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
or Supplier which specifically binds the Subcontractor pr
Supplier to the applicable terms and conditions or' the
Contract Documents for the benefit of OWNER '. and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additicmal
insured on the property insurance provided in paragraph
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain. provisions whereby
the Subcontractor or Suppner 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
additional insureds (and the officers, directors. partners,
employees, agents, and other consultants and.subcontractors
of each and any of them) for all losses and damages caused
. by, arising out of. relating to, or resulting from any of the
perilS or causes of loss covered by such poliCies and any'
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier. CONTRAC-
TOR will obtain the same.
6.08
Pennits
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
f -~
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees 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.
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6.09 Laws ant! Regulations
. A. CONTR,A.CTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's comp~ance with any Laws or Regulations.
B. If CONTRACTOR performs any Work. knowing or
having' reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however,' it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawirigs ,are il;l.accordan!=e with Laws and Regulations, but
this shaiI not relievc:CONTRACTOR of CONTRACTOR's
obligati~ns underiP~a~:ll..,h3.~3.
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C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or 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.
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6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
'place of the Project which are applicable during the
performance"of the Work..
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confme 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
00700 - 22
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
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2. Should any claim be made by any such owner or
occupant because of the perfO['IQllDCC of the Work,
CONTRACTOR shall promptly settle with. such other
party. by negotiation .or otherwise resolve the claim by
arbi~~tioil or other dispute resolution proceeding or at
law. .
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3. To the fullest e;uent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant,.. . . and the officers, directors, partners, _
employees, agents, and other consultants of each and any
of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other ~ispute 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
indeninified hereunder to the extent caused by or based .
. upo~50~~CTOR'S performance of the Work.' . ",_(
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B. ,R,emovol,ofDebris During Peifonnance of the Work:,
During the progress of the Work CONTRACTOR shall keep'
the Site and other areas free from accumulations of waste
materials,'rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con-
form to applicable Laws and Regulations.
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C. Cleaning: Prior to Substantial Completion of the
Work. CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, cons~tion equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not 10a4:,'
nor permit any part of any structure to be loaded in any"
mariner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
~I .
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
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Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documents
together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGINEER for
reference. Upon completion of the Work, these record
documents, Samples, and Shop Drawings will be delivered to
ENGINEER for OWNER.
6.13 Safety and Protec,tio..n
A. CONTRACTOR shall be soiely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent' damage,
injury or loss to: . .
1. all persons on the Site or who may be affected
by the Work;
'2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, . shrubs, lawns, wilks, pavements,
roadways, structureS, utilities, and Underground Facilities
not designated for reniova1~ relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and ma,intain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work.may affect them, and shall cooperate
with them ii1 the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed an.d
ENGINEER has issued a notice to OWNER: and
CONTRACTOR in accordance with paragraph 14.07.B that
the Work is acceptable (except as' otherwise expressly
provided in connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate. a qualified and
experienced safety representative at the 'Site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions. and
programs.
6.1S Hazard Communication Programs .
A. CONTRACTOR shall be responsible for coordinatiT\g
any exchange of material safety data sheets or other hazard
communication information required to be made available to
or exchanged between or among employers at the Site in
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent:
thereto, CONTRACTOR is obligated to act to prevent
threatened damage', injury, or loss. CONTRACTOR shalL..
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work oi
variations from the Contract Documents have been caused
thereby or are required as a result thereof; If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6.17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All submittals will ~ 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 show ENGINEER the services, materi~,
and equipment CONTRACTOR proposes to provide ~d to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17 .E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700 - 23
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submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications:
C. Where a Shop Drawing or Sample is required by the
Contract Documents or' the schedule of Shop Drawings and
Sample submittals acceptable tc? ENGINEER as required by
paragraph 2.07, any related ~.W ork performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility' of
CONTRACTOR.
, D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, shipping, handling; 'storage, assembly,
, and installation pertaining to' the performance of the
Work;
. ., ::. .~.- ';"'. 1.":
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
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
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's-!l'cview and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or, Sample
submitted may have from' the requirements of the
Contract Documents, such notice to be in a written com-
mUnication separate from the submittal; and, in addition,
.shall cause a specific notation to be made on each Shop
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation.
E. ENGINEER '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 and
, approval will be only to determine it-the items covered by
the submittals will, after installation or incorporation in
. the Work, conforin 'to the information given in the -
Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents.
2. ENGINEER's review ;md approval will not
extend to means, methods, techniques, sequences, or _
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs -
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR _ ~
from responsibility, for any variation from the require-
ments of the Contrac~ .Docum~ unless CONTRACTOR
has in writing called.ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written
approval of each such variation by specific written
notation thereof incorporated in or accompan)'ing 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.l.
F. Resubmittal Procedures
1. CONTRACTOR sba1l make corrections required
by ENGINEER and shall return the required number of
corrected copies . of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing 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
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as permitted by paragraph 15.04 ,or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONI'RACI'OR's'General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not.be defective. CONTRA~TOR's warranty and
guarantee; hereunder excludes defects: 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
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2. nomial wear and tear under 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 Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
: 1., observations by' ENGINEER;: :"
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2. reconuDendation by ENGINEER or payment by
OWNER of any progress or fmal payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any paYment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptailce by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by ~WNER.
6.20 lndemnijication
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
consultants and sUbcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all coUrt or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided that any
such claim, cost, loss, or damage:
1. is attn"butable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangibl~
'.'.,,,property (other than the Work itse1f), including the Joss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
SQpplier, or any individual or entity directly or indirectly. ,r
employed by any of them to perform any of the Work,or
anyone for whose acts any of them may be liable,
regardless of whether or not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. . . In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal repreSentative of such employee) of . ,
CONTRACTOR, any Su~on~[~tor, ~y Supplier, or any
individual or Cntity 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, the indemnification obligation
under paragraph 6.20.A shall not be limited in any way by
any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR
or any such Subcontractor, Supplier, or other individual or
entity under workers' cOmpensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification obligations of CONTRACTOR
under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER's Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failb1g to
give them, if that is the primary cause of the injury or
damage.
00700 - 25
ARTICLE 7 - OTHER WORK
~
7.01 Related Worlc at Site
A. OWNER may perfonn other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be. given to CON-
TRACTOR prior to starting any such other work; and
e:
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2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract TlDles
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.05.
r. .
B. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility owner
(and OWNER, if OWNER is perfonning the other work with
OWNER's employees) proper and safe access to the Site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work and shall properly coordinate the W<?rk with theirs.
Unless otherwise provi~ in the Contract.:Dpcuments, CON-
TRACTOR shall do all cutting', fitting, and patching .of the
.' Work that may be required to properly connec~ or otherwise
make its several parts come together and properly integrate
with such other work. CONTRACTOR. shall not endanger
any work 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 duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and su$ utility owners and other contractoIS.
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C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work 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 Work.
CONTRACTOR's failure to so report will conStitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in SupplementarY Conditions: -
(
1. the individual or entity who will have authority
and responsibility for coordination of the activities among .;..
the various contractors will be ~ntified;
2. the specific matters to be covered by such
......
authority and responsibility will be itemized; and
3. the extent of such authority arid responsibilities
will be provided.
-
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon- _
sibmty for such coordination.
ARTICLE 8 - OWNER'S RESPONSmIUTIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Conm- .
tions, OWNER' shall issue all communications to _ ~
CONTRACTOR through ENGINEER: '.r~ . '
8.02 Replac~nJ oj ENGINEER .'.. . .
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status -
under the Contract Documents shall be that of thC former
ENGINEER..
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When DIU
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.C and 14.07.C. .
8.0S 1.And3 and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set 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
00700 - 26
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and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
.....\
A. OWNER's responsibilities, if any, in respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article S. .:,.} \"
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative dUring
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative d~g 'construction are set forth in the
Contract I>ocumeI1ts and will DOt be changed without written
consent of OWNER and ENGINEER.
A. OWNER is obligated to execute Change Orders as 9.02 VISits to Site
indicated in paragraph 10.03.
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8.07 Change Orrkn
A. ENGINEER will make visits to the Site at intervals
appropriate to tho various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
fur the benefit of OWNER. will determine, in JenC.1'a1; if the
A. The OWNER sba11 not supervise, direct, or have Work is proceeding in accordance with the Contract
control or authority over, nor be responsible for, Documents. ENGINEER will not be required to make
CONTRACTOR's means, methods, techniques, sequences, exhaustive or continuous inspections on the Site to check the
~.":'.~"i::" or procedures of construction, or the safety precautioDS'and . quality or quantity. ohhe Work. ENOlNEER.'j efforts will
."J . . programs ~d~nt thcre.to, or for any failure .of GOO.., be directed toward.providing for OWNER a.greater degree
.. ". . TRACTOR to coQ1Ply with Laws and RCguiationS'applicable n. of confidence that the completed' 'Work will cOnform
- to the performance of the Work. OWNER will not be generally to the Contract Documents. On the basis of such
responsible for CONTRACTOR's failure to perform the visits and observations, ENGINEER will keep OWNER
Work in accordance with the Contract Documents. informed of the progress of the Work and will endeavor to
, guard OWNER against defective Work.
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8.08
InspeCtions, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06.
8.11 Evidence of Financ:ialArrangelnents
A. If and to the extent' owNER. has agreed to furnish
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 as set forth in the
Supplementary Conditions.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without limitation, during or as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
. ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to ~sist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitatioDS
thereon of any such. Resident Project Representative 'and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700 - 27
A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the
Work from the requirements of the Contract Documents requirements of the 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 arc compatible with the design other matters relating to tbe acceptability of the Work, the
concept of the completed Project as a functioning whole as quantities and classifications of T,Jnit Price Work,' the
. 41c1i~t~~b.Y. the ,Contract Documents. These maY~;ibei": .;..;~interpretationofthe.requirements of the ContractDoeuments
~C?c.~~p~~d .,PY a Field Order and will be binding on~... ;pcJ;taining to the performance of the Work,. and.. Clilims
OWNER'imd also on CONTRACTOR, who shall perform. " seeking changCs in the Contract Price or Contract Times will
the Work involved promptly. If OWNER and CONTRAC-. be referred initially to ENGINEER in writing, in accordance
TOR are unable to agree on entitlement to or on the amount with the provisions of paragraph 10.05, with a request for a
or extent, if any, of any adjustment in the Contract Price or formal decision.
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
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A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the re~-
menta of the Contract Documents as ENGINEER may deter-'
min~ necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR arc unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price, or . Contract Times, or both, that should be allowed as ' .
a result of~Writteii clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
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9.05 Authorized Variations in Work
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9.06
Rejecting Defective Work
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A. ENGINEER will have authority to disapprove or
reject Work which .ENGINEER believes to be defective, or
that EN~INEER believes will not produce a completed
Project that conforms to the Contract Documents or that will
prejUdice the integrity of the" design concept of the completed
Project as a functioning whole as indicated by the Contract
Documents. ENGINEER.will also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether .or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings. Change Orders and Payme"nts
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17. .
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
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C. In connection with ENGINEER's ~uthority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
....
. A. ENGINEER will determine tht actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review"with CON-
. TRACTOR the ENGINEER's pre~ ~~rmiJiatiOD5 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. ,the
provisions of paragraph 10.05. .
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
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B. When functioning as in~reter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The r~ndering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of .final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONI:RACTOR of
. such rights or re~dies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such Claim, .dispute, or other matter.
~.
9.10 Limitations on ENGINEER's Authority and Respon-
sibilities
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
"
00700 - 28
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A. CONTRACTOR shall not be entitled to an increase .
in the Contract Price or an extension of the Contract Times .
B. ENGINEER will not supervise, direct, control, or with respect to any work performed that is not re~ by
have authority over or be responsible for CONTRACTOR's. ..' the Contract Documents as . amdtded, modified, or
means, l1.1.ethods, techniques, sequences. orpi:ocedures of ._supplemented as provided in paragrapA'3.04, except in the
. construction. or the safety precautions and programs incident .' case of an emergency as provided in paragraph 6.16 or in the
thereto, or for any failure ofCONTRACrOR to comply with case of uncovering Work as provided in paragraph 13.04.B.
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform. the Work in accordance
. with the Coiltract Documents.
or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENG~ 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 individu~ or entity,
or to any surety for or employee or agent of any of them.
. I':.', ~
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
SUpplier, or of any other individual or entity performing any
of the Work.
Directive, a Claim may be made therefor as provided in
paragraph 10.05. .
10.02
UnautJwrized Changes in the Work
10.03
Execution, of Change Orders
A.. OWNER and CONTRACTOR shall execute
. apPropriate Change Orders recommP.l1Oed by ENGINEER '(or' . ,,'. . .
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.01.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work.under paragraph 13.09, or (ill) agreed'to by the
parties;
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
-,other ~op!~~nt~tion required to be delivered by para~aph. ",,~ ". ,:2. changes in the Contract Price or Contract .T!:!n~ "'..
4>"\, '14.01.A:tm~y be to determine generally that their content . .. which are agreed to by the parties; including" "any
~.J . ,complies:.-w'ith.:the requirements of, and in the case 'o("=". ':j' . 'undisputed sum or amount of time mr'-Work- actUal1:y':.~;
_ certificates of inspections, tests, and approvals that the results perfonned in accordance with a Work Change Directive;
certified indicate compliance with, the Contract Documents. and
........
"'-
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E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and ~sistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER. may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided). .
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
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 lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such' notice will be
CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
00700 - 29
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10.05 Claims and Disputes
, "A. If.ofi..ce:' .W~~ng*e statin.E ~~.gep.er.~ ~ture of
each Claim, 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 other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contrac~ within 60 days after the start of such event
(unless ENG~E,ER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.B. A Claim for an adjustment
in Contract Time shall'be prepared in accordance with the
provisions of paragraph 12.02.B. Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
oPP9sing party, i~ any. ENGINEER's written decision on
such Clairi1~ dispute, or other matter will be final and binding
u~n OWNP.R~,CONTRACTOR unless: ;,
'I. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other.
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the apPealing party may have with respect to such
Claim; dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.B, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted - ~
in accordance with this paragraph 10.05. ~
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
--
11.01 Cost a/the Work
.<;
',~I . ":;wn-
. ,:'A. 'Costs Included: The term Cost of the Work means'
the sum of all costs necessarily incurred ~ paid by CON-
TRACTOR.in the proper performance of the Work. When
the value of any Work covered by a Change Order or when -
a Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or incremental-'
costs required because of the change in the Work or because
of the event giving rise to the Claim. Except as otherwise
may be agreed to in writing by OWNER, such costs sh3.11 be_
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items, and shall
not include any of the costs itemized in paragraph 11.01.B.
1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance. of the W.ork
.lJ.11de~ schedules of job classifications agreed upon by_~
, .'OwNER and CONTRACTOR. Such employees shall' /;
.': ,~qlude- without limitation superintendents, foremen,an,d~;, ,..'::
other personnel employed full time at the Site. Payroll
costs for employees not employed full time on the Work-
shall be apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe .benefits, -
which shall include social security contributions, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, _
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 iricluded in the above to the extent authorized by -
OWNER.
2. Cost of'all materials and equipment furnished_
and incorporated in the Work, including costs: of
ttansportation and storage thereof, and Suppliers' fieid
. services required in connection therewith. All cash_
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade discounts, -
rebates and refunds and returns from sale of surplus ~
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may -
be obtained.
00700 :- 30
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3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids frDm subcontractors acceptable to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
~eptable. If any subcontract provides that the ,
Subcontractor is to be paid on the basis of Cost of the "
Wotk-plus a fee, the Subcontractor's Cost of the Work
~ fee shall be" determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in this paragraph 11. 0 1.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, i.ttoineys'~' atnd accountants) employed for
services specifically related to the Work.
S. Supplemental costs including the following:
a. The proportion of necessary transportation.
travel, and subsistence expenses of
CONTRACTOR',s employees incurred in discharge
of duties connected with the Work.
b. Cost. including transportation and mainte-
nance, of "all :'materials, Supplies, equipment,
maChmeIji:;tppiianceS;'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 cDnstructiDn equipment and
machinery, and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER wi~ the
advice of ENGINEER, and the costs of
transportation, loading, unloading, assembly,
dismantling, and remDval thereof. All such costs
shall be in accDrdance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereat' is
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and rDyalty 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 in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property. insUrance
. established in accordance with paragraph.5.06;D),
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or
. '
for whose acts any of them may be liable. Such
losses. . shall include settlements made with. the
written eorisent and approval of OWNER. No Stich
losses, damages, and CXpellSes shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
. Site, expressage, and similar petty cash items in
ccnlnectlon with the Work.
, .~. ~,", ..:,...." i ;., . - .'.:
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
WDrk or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost-plus, the costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded: The tenn Cost of the Work shall
not include any Df the following items:
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
, expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CONTRACTOR's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications
referred to in paragraph l1.01.A.l or specifically
covered by paragraph Il.01.A.4, all of which lU'e to be
00700 - 31
considered administrative costs covered by the
CONTRACTOR's fee.
. 2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
roo'
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 indirectly
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 wrongly suppli~,. and making good any
damage to property.
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5. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.B.
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C. CONTRACTOR's Fee: When all the Work is
performed on the basis of cost-plus, CONTRACTOR's fee
shall be deiennined as set forth in the Agreement. When the
. value of any Work covered. by a CI1a,nge Order or when a
Claim for an adjustment in Contract' Price is determined on
the basis of Cost of the Work, CqNTRA~TOR's fee shall be
determined as set forth in paragraph 12.0l.C.
1'"-.
D. DocU11tentation: 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 g~nerally
accepted accounting practices and submit in' a form
acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
1 ,
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11.02
Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to QWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
.. .
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, and other expenses contemplated for the allow-
ances have been included in the Contract Price and not
in the allowances, and no demand for additional paymenl- ~
on account of any of the foregoing will be valid.
B. Prior to fmal payment, an appropriate Change Order'"
will be issued as recommended by ENGINEER to reflecl
actual amounts due CONTRACTOR on account of Work.
covered by allowances, and the Contract ~ce shall be..;.
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price-
Work an amount equal to the sum of the unit price for eacb
separately identified item of Uni~ Price Work times the
estimated quantity 'Of each item as. indicated in the Agree_
ment. The estimated quantities of items of Unit Price Work
are not guaranteed. and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classificatic!ns of-
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08.
B. Each unit price will be deemed to include an amount
considered by CONTRACTOR to be adequate to cover_ ~
CONTRACTOR's overhead 'and profit for each separately
identified item. .'..',... .
C. OWNER or CONTRACTOR may make a Claim for-
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
-
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
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 Contract_
Price as a result of having incurred ad~tional expense or
OWNER believes that OWNER is 'entitled to a decrease
in Contract Price and the parties are 'unable to agree as _
to the amount of any such increase or decrease.
00700 - 32
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ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Conlract Price
A. The ContraCt Price may only be changed by a
Change Order or by a ,Written Amendment. Any Claim for
an adjustment in the COntract Price sbaIl be based on written
notice submitted by,the party making the Claim to the
ENGINEER and the other party to the Contract 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 Price will
be detennined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03 );
or
2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a
mutually agreed lump sum (~h,i~ may include an
allowance for overhead and'profit.not. necessarily in
accordance with paragraph 12~01.C..2); or .'
3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.B.2, on the basis of the, .cost of the Work
(determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. CONTRACIOR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
1. a mutually acceptabl~ fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under paragraphs
11.01.A.l and 11.01.A.2, the CONTRACTOR's
fee shall be 15 percent; ,
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall be five
percent;
c. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no
fIxed fee is agreed upon, the intent of paragraph
12.01.C.2.a is that the Subcontractor who actually
performs the Work, at whatever tier, will be paid
a fee of 15 percent of the costs incurred by such
Subcontractor under paragraphs 11.01.A.l and
. 11.01.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee of five
percent of the amount paid to the next lower tier
Subco~ctor; "
d. no fee shall be payable on the basis of costs
itemized under paragraphs 11.01.A.4, 11.01.A.S,
and 11.01.B;
e. ,the amount of credit to be allowed by
CONTRACTOR to OWNER,for any change which
results in a net decrease in cost will be the amount
of the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits are in-
volved in anyone change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.C.2.e, inclu-
sive. ":',.... ~I' '." ,;'-1.. :'"
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12.02
ChJJnge of Contract limes
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by the
party making the claim to the ENGINEER and the 'other
party to the Contract in accordance with the provisions of
paragraph 10.0S.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or Milestones) will be
determined in accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONTRAcrOR's Conlrol
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract 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 limited to, acts or neglect by
OWNER, acts or neglect of utility owners or other
contractors performing other work as contemplated by
00700 - 33
Article 7, flres, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRA.CI'OR's Control
r ','
A. The Contract Times (or M~estones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR~ .
f ...
12.05 Delays Beyond OWNER's and CONTRACI'OR's
Control
A. Where CONTRACTOR is prevented from complet-
, ing any part of the Work within the Contract Times (or
" ,'Milestones) due to delay beyond the control of both OWNER
I"" '," ,:', ilrld CONTRACTOR, an extension of the Contract tiiD.eS (or
Milestones) in an amount 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
I
: to CONTRACTOR, any Subcontractor, any Supplier, or any
other person or organization, or to, any surety for or
" ._ ',~mployee or agent of any of them, for ~amages ~isiI1g out of
'or resulting from: " " ,',;,
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,
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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 flres,
floods, epideIriics. abnormal weather conditio11;S, acts of
God. or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph'12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.0.1 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13. - f
13.02 Access to Worlc
A. OWNER, ENGINEER, ENGINEER's Consultants.
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with-.
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and _
safe conditions for such access.and advise them of
CONTRACTOR's Site safety procedures ,and programs so
that they may comply ther~with as applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely -
notice of readiness of the Work for all required inspections,
tests, or approvals and shall coope.rate with inspection and
testing personnel to facilitate required inspections or tests. _
B. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspecpons,
tests, or approvals required by the Contract Documents -
except:
.1. for inspections, tests, or llPprovals covered by ..(
. . '.' "': .. i"",
paragraphs 13.03.C and 13.03.D below;'
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.B
shall be paid as provided in said paragraph 13.04.B; and
3. as otherwise specifically provided in .the Con- -
tract Documents.
C. If Laws or Regulations of any public body having _
jurisdiction require any Work (or part thereof) specifically to
be inspected, tested, or approved by an employee or other
representative of such public body, CONTRACTOR shall
assume full responsibility for arranging and obtaining such -
inspections, tests, or approvals, pay all costs in connection
therewith, and furnish ENGINEER the required certificates
of inspection or approval.
D. CONTRACTOR shall be 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 organizations acceptable to OWNER and -
ENGINEER.
00700 - 34
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected 13.07 Co"ection Period
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make available A. If within one year after the date of Substantial
for observation, inspection, or testing as ENGINEER. may Completion or such longer period of time as. may be
require, that portion of the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any
necessary labor, material, and equipment. If it is found that applicable special guarantee required by the Contract
_it. . . such Work is defective, CONTRACTOR shall pay'~':Documents or by any specific provision of. the' Contract
Ii) "'Claims, costs, losses, 1lIld damages (including but not limited Documents, any Work is found to be defective,' or if the
J .. to all fees and charg~ of engineers, architects, attorneys,. and :. ..repair of any damages to the land or areas :made available ,for
other professionals and all court or arbitration or oth~r CONTRACTOR's use by OWNER or pennitted by Laws and
dispute resolution costs) arising out of or relating to such Regulations as contemplated in paragraph 6.11.A is found to
uncovering, exposure, observation, inspection, and testing, be defective, CONTRACTOR shall promptly, without cost
and of satisfactory replacement or reconstruction (including to OWNER and in accordance with OWNER's written
but not limited to all costs of repair or ''replacement of work instructions: (i) repair such defective land or areas, or (Ii)
of others); and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has
decrease in the Contract Price. If the parties are unable to been rejected by OWNER, remove it from the Project and
agree as to the amount thereof, OWNER may make a Claim replace it with Work that is not defective, and (ill) sarlsfac-
therefor as provided in paragraph 10.05. If, however, such torily 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 land or areas
allowed an inCrease in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly
the Contract Tunes (or Milestones), or both, directly attribut- 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 reconstruction. If the parties are damage, OWNER may have the defective Work corrected or
unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and
CONTRACTOR may make a Claim therefor as provided in replaced, and all Claims, costs, losses, and damages
paragraph 10.05. (including but not limited to all fees and charges of
engineers, architects, attori1eys, and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
f')
-.,....
E. If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation.
~~
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENG~ timely notice of
.. CONTRACTOR's intention to cover the same and ENGI-
. NEER has not acted with reasonable ~romptness in resppnse
. . ,'"to such notice. . \
13.04 Uncovering Work
,- ,
-
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
bCuncovered tor ENGINEER's observation and replaced at., ....
CONTRACTOR's expense.
, "
-
.:z..
'-
13.05
OWNER May Stop the Work
~)
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the pan of
OWNER to exercise . this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Co"ection or Removal of Defective Work
A. CONTRACTOR shall correct all.defective Work,
whether or not fabricated, insta,lled, or compl~ted, 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 fees and charges of
engineers, architects, attorneys, and other professionats and
all court or arbitration or ~ther dispute resolution costs)
'arising' out of or relating to such correction -'or removal'
(including but not limited to all costs of repair or replacement
of work of others).
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
00700 - 35
C. All Claims, costs, losses, and damages (including
13.08 Acceptance of Defective Work but not limited to all fees and. charges of engineers,
,. . architects; attorneys, and other professionals and all court or - .
A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or
replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies
ENGINEER's recommendation of final payment, under this paragraph 13.09 will be charged against CON- _
ENGINEER) prefers to accept it, OWNER may do so. TRACTOR, and a Change Order will be issued incorporating
CONTRACTOR shall pay all Claims, costs, losses, and the necessary revisions in the Contract Documents with
damages (including 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) unable to agree as to the amount of the adjustment, OWNER
attributable to OWNER's evaluation of and determination to may make a Claim therefor as provided in paragraph 10.05.
. . ~cept s,,"ch.defective Work (such costs to be approved'.by .Such claims, costs, losses and damages willinc1ude but-not -t
"ENGINEER as to reasonableness) and the diminished valtie;~: be limited 'to all costs of repair, or replaCemenf of work of "
"~9f; the.::..WQrk . to the extent not otherwise paid':,a~Y':':'.;,;Qtb.:e~ destroyed or damaged by correction;,removaJ" :or.,
CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR's defective Work.
acceptance occurs prior to ENGINEER's recommendation of
final payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work; and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted. If the parties are
unable to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
r" -:
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, ~e correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
.. .
~:-. D. CONTRACTOR's obligations under this paragraph.
.13.07 are in addition to any other obligation or warranty. .
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
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13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written notice, .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 fails 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
connection with such corrective and remedial action,
OW~ER may exclude. CONTRACTOR from all or part of - (
the SIte, take possessIon of all or part of the Work and.
suspend CONTRACTOR's services related thereto,' take
possession of CONTRACTOR's tools, appliances, con---
struction equipment and machinery at the Site. and incorpo-
rate in the Work all materials and equipment stored at the '
Site or for which OWNER has paid CONTRACTOR but .....
which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees,
OWNER's other contractors, and ENGnmER and_
ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any delay
in the performance of the Work attributable to the exercise by -
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. 'l.'he 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. Progress payments
on account of Unit Price Work will be based on the number
of units completed.
~
00700 - 36
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14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established for
each progress payment (but not more often than once a
month). CONTRACTOR shall submit to ENGINEER
for review an Application for Payment' filled out and
sign~d by CONTRACTOR covering the Work
completed as of the date of the Application and.
accompanied by such supporting. documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably
stored at the Site or at another location agreed to in
writing. 'the' Application for Payment shall also be
accompamed. by a bill of sale, invoice. or other docu- .
mentation warranting 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 insurance or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
a. the Work has progressed to the point
indicated;
b. the quality of the Work. is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a. f."mal determination of
quantities and classificati01l$: ,for Unit Price Work
under paragraph 9.08. and to any other
qualifications stated in the recommendation); and
c. the conditions precedent, to
CONTRACTOR's being entitled to such payment
'appear to have been fulfilled in so far as it is
. . .'....;ENGINEER.s responsibility to observe the Work. . .
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
. exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections of the Work
2. BegiDning with the second Application for beyond the responsibilities specifically assigned to
Payment, each Application shall include an affidavit of ENGINEER in the Contract Documents; pr (ii) that
CONTRACTOR stating that all previous progress. c;'.' .there.maynot be other matters or issues.betweenthe .
paymentS r~ceived on 3CCQllm of the Work have been . "parties that might entitle CONTRACTOR to be .paid '
app.lied;':'olV'aC~1)unt to discharge .CONTRACTOR's. ," ,::;'f~';:'additi6tWly by OWNER or entitle OWNER towithhtild"":';;\ "
legitimate obligations associated with prior Applications payment to CONTRACTOR.
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 recoDunendation of payment and present the
Application to OWNER or return the Application to
CONTRACTOR indicating'in writing ENGINEER's
reasons fof' refusing to recommend payment. In the
latter case, CONTRAGTOR may make the necessary
corrections and resubmit the Application. ..
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's observations on the Site of the.executed
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, information and
belief:
00700 - 37
4. Neither ENGINEER's review of
CONTRACTOR's Work fOl" the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, wilf impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means. methods, techniques.
sequences. or procedures of construction. or the safety
precautions and programs incident thereto. or for CON-
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on aCCO\Ult of
the Contract Price. or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
5. ENGINEER may refuse to recommend the
whole or any part of any payment if, hi ENGINEER's
opinion, it would be incorrect to illake the representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may. also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
C'
b. the Contract Price has been reduced by
Written Amendment or Change Orders;
~.:' .
c.OWNER has been required to correct
defective Work or complete Work in accordance
with paragraph 13.09; or
I.:' "
f- .,'
d. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in para-
graph lS.02.A. '
\ "
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's recom-
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.0) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. ReductiOIJ in"Payment
\ .:
. 1. OWNER:- may refuse to make payment of the
full amount recommended by ENGINEER because:
L~~
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work; ,
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, .'
b. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
a specifIC Bond satisfactory to OWNER to secure
the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
a set-off against the amount recommended; or
,d. OWNER has actual knowledge of the occur-
'~rence of any of the events enumerated in paragraphs "
'14.,02.B.S.a through 14.02.B.S.c or paragraph
15.02.A.
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining after deduction of the amount so withheld.
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agreed to -t...
by OWNER and CONTRACTOR, when CONTRAC- .
TOR corrects to OWNER's satisfaction the reasons for "
such action.
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as -
determined by paragraph 14.02.C.1.
14.03 c;ONTRAcrOR's Warranty ofntle -,::
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
or not, will pass to OWNER no later than. the time of
payment free and' ~lear of all Liens. '
14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work -
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER J!.
'shall make an ,inSpection of the Wor::k to determine the ~tatus" ~,
'of completion. If ENGINEER does not conSider the Work ,
substantially':: "'complete, ENGINEER will 'notify' ,-: .,
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
-
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate dw:ing which to
make written objection to ENGINEER as to any provisions
of the certificate or attached list. If, after considering such
'objections, ENGINEER concludes that the Work 'is not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER -
considers the Work substantially complete, ENGINEER\vill
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 tentativ~ certificate of Substantial Compte': \,
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommc;ndation as to division of responsibili- -
00700 - 38
--
J'J
ties pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing
the definitive certificate of Substantial CompletiOn,
ENGINEER., aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
., ',.\
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWl:'ffiR shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
14.05 Partial Utilization
,--
A. Use by OWNER at OWNER.s option of any
substantially completed part of the Work which has
specifically been identified in the Contract Documents, or
which OWNER, ENGINEER, and CON1'RACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
without ,significant interference with CONTRACTOR's
perfo~e of the remainder of the Work. may be
accomplished pri~r 19. Su~~J:antial'9Q~pletion of all the Worle
subject to the following conditionS.
,...
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to, '. ""I,::..:,,):~r:~,''''~,:~:,~ ~~":~'.-
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1. OWNER at any time may request CON-
TRACTOR in 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 ~ertify to
OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER m writing thm
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an
inspection of that part of the Work to determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility
in respect thereof and access thereto.
00700 - 39
2. No occupancy or separate operation of p~ of
the Work may occur prior to compliance with the
requirements of paragraph S.10 regarding property
insurance.
14.06 Final Inspection
" A.. Upon written notice from CONTRACTOR that .the
, 'Cntire Work or an agreed portion thereof is complete,
EN9INEER will . promptly make a fmal inspection with
OWNER and' 'CONTRACTOR and will notify CON-
TRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are
necessary to complete such Work or remedy such
deficiencies .
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has delivered,
in accordance with the Contract Documents. all main-
tenance and operating instructions, schedules. guaran-
tees, BondS/certifICates or other evidence of insurance
,certificates of inSPection. marked-up record documents
(as providedmparagraj)h6.12), and other documents, .
CONTRACTOR may make application for final
payment following the procedure for progress payments.
2. ' The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (ii) consent of the
surety, if any, to final payment; and (iii) complete and
legally effective releases or waivers (satisfactory to
OWNER) of aU Lien rights arising out of or Liens flied
m connection with the Work.
3 ~ In lieu of the releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR may furnish receipts or
releases m full and an affidavit of CONTRACTOR that:
(i) the releases and receipts include all labor , services,
material, and equipment for which a lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness cOIUlected with the Work for which
OWNER or OWNER's property might in any way be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release
or receipt in full, ~ONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
.1
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B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation as required
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have
been fulfilled, ENGINEER will, within ten days after
receipt of the final Appli6~tion 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 fmal 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 recnmmended by ENGINEER
'will become due'and, wli~~dtic;; wilt be p~d by OWN-
ER to CONTRACTOR..;,., ".\ "
": . ~:..,it. ...;., r. ,'~ '..,;, :'! ';. '.' .
14.08 Final Completion Delayed
'.
A. If, through no fault 'of CONTRACTOR, fmal
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's fmal Application for Payment and
recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement,' and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitt~4 ';by CON-
TRACTOR to ENGINEER with the Application for such
payment. Such payment shall be made under the terms and
conditions governing fmal payment, except that it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
'A. The making and acceptance of final payment will
constitute:
1. a waiver of all Claims by OWNER againsl..
CONTRACTOR, except Claims arising from unsettlCl ,
Liens, from defective Work appearing after fma. ,
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Docwnents or the terms of 811'-
special guarantees specified therein, or fro~
CONTRACTOR's continuing obligations under the
Contract Documents; and
2. a waivc:r, of all Claims by CONTRACTOR
against OWNER ,other than those previously made iu-
writing which are'still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
~.i..~ .~.O
15.01 OWNER.May Suspend Work
A. At any time and without cause, OWNER ma~
suspend the Work or any portion thereof for a period of no
more than 90 consecutive days by notice in writing to CON-
TRACTOR and ENGINEER which will fix the date on which,
Work will be resumed. CONTRACTOR shall resume thc-
Work on the date so fixed., CONTRACTOR shall be alloweC
an adjustment in the ContraCt Price or an extension of the
, Contract Ti,mes, orbq~,,~i~ceUY attributable to any such-~
suspension -if CONTRAGTOR make~ a Claim therefor at
provided in paragr~pp.,JO"o.~.<. ''''"
15.02 OWNER May'.Terminatefor Cause
A. The occurrence of anyone or more of the following
events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform
the Work in accordance with the Contract Documents.,..
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment 01
failure 'to adhere to the progress schedule established
under paragraph 2.07 as adjusted from ~me to time-
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws opo-
Regulations of any public body h~y'ing jurisdiction;
3. CONTRACTOR's disregaid of the authority of_,
ENGINEER; orw
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Documents. -
B. If one or more of the events identified in paragraph ~
15.02.A occur, OWNER may; after giving CONTRACTOR-
(and the surety, if any) seven days written notice, terminate
00700 - 40
',,)
the services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment,
and machineIy at the Site, and use the same to the. full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or convenion), incorporate in
the Work all materials and equipment stored at the Site or for
which OWNER,has, paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem
expedient. In'sucb..\ease, CONTRAC;:::TOR shall not' be
entitled to receive any further paymeDl until the Work is
finished. If the unpaid balance of the cOntract Price exceeds
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineen, aIChitects,
attorneys, and other professionals and all court or arbitration
or other dispute resoiution. costs) sustained .by OWNER
arising out of or relating to completing the Work, 'such excess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR aha11 pay the difference to OWNER. Such
claims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and,
when so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest
price for the Work pedormed.
":".:'.. ....
.,.-.... \-\ i.:-'. :.. .; .
)' ~. Where CONTRACTOR~s,' s~~c~s, hiwe been so
i> . -. terminated by OWNER, the tentunatiOll:Will'not- affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue: Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.03 OWNER May Terminate For Cbnvenience
A. Upon seven days written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the ContracL In such case, CONTRACTOR shall
be paid (without duplication of any items):
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Supplien, and others; and
4. for reasonable expenses directly attributable to
termination.
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B. CONTRACTOR shall' not be paid on account of loss
of anticipatc~ profits or revenue" or other economic loss
arising aurof or resulting from such termination.
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15.04 CONTRA(:rOR May Stop Work or Termintlle
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more thai1 90 consecutive days by
OWNER or under an order of court of'other public authority,
or ENGINEER fails to act on any Application for Payment
within 30 days after it is submitted, or OWNER fails for 30
days to pay CONTRACTOR any sum finally determined to
be due, then CONTRACTOR may. upon seven days written
notice to OWNER and ENGINEER, and provided OWNER
or ENGINEER do not remedy such suspension or failure
within that time, terminate the Contract and recover from
OWNER payment OD the same terms as provided in
paragraph 15.03. In lieu of terminating the Contract and
without prejudice to any oth~~; Jigpt 9l remedy, if ENGI-
NE:aR, has faIled to act on an APPlication for Payment within
30 days after it is submittecl';t'bt" oWNER: has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment
is made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from m3king a
Claim under paragraph 10.05 for an adjustment in Contract
Price or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping the Work
as permitted by this paragraph. .
ARTICLE 16 - DISPUTE RESOLUTION
1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination. including fair and 16.01 Methods and Procedures
reasonable sums for overhead and profit on such Work;
.)
2. for expenses sustained prior to the effective date
of termination in pedorming services and furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
A. Dispute IeSolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as
either may olherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700 - 41
ARTICLE 17 - MISCELLANEOUS
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17.01 Giving Notice
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A. Whenever any provision of the Contract Documents
requires the giving of written notice, . it will be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
coxporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
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17.02 Computation of TuntS
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A. When any period of time is referred to in the
ContraCt Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last-
day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
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17.03 - , Cumulative Remediu
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A. 'I'he 4uties _~ obligations imposed by these General
Conditions and the'rikhts and remedies available hereunder
to the parties hereto are in addition to, and are not to be
cons~ed in any way as a limitation of, any _ rights and
remedies available to any or all of them which &e otherwise
. ,~posed or avai\able by La~s_o~_Re~OJllJ,;.by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph wUl 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.
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17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given. in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final paymeitt. completion, and acceptance of the Work or
termination or completion of the Agreement.
-
17 .OS ControUing Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
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00700 - 42
SUPPLEMENTARY CONDITIONS OF THE AGREEMEN T
CLP Project No.2001-4501
SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a
supplement and where in conflict, they take precedence over the "Standard General
Conditions of the Construction Contract" of this Specification.
SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be
understood as referring to the City of La Porte, Texas. The word "ENGINEER" in these
Specifications shall be understood as referring to the City Engineer for the City of La
Porte, Texas.
SC-3 SCOPE OF WORK: The work to be performed under this contract consists of
furnishing all materials, labof, supervision, tools, and equipment necessary to complete
the work.
SC-4 SEQUENCE OF WORK: All work covered by this Contract shall be completed
within the number of calendar days designated by the Contractor in the Bid Proposal.
SC-5 TIME OF COMPLETION: The CONTRACTOR shall complete the work as
provided in the Contract Documents and within the time limitations described in
paragraph SC-4, Sequence of Work, unless otherwise stipulated to proceed. Calendar
days shall be computed beginning and inclusive of the first day of the Notice to
Proceed. CONTRACTORS shall notify OWNER in writing 48 hours prior to start of
construction. The time of completion shall include delivery time of all equipment and
materials required to complete the work in conformance with the Drawings and
Specifications.
SC-6 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the
parties hereto that time is of the essence of this Contract, and that for each calendar
day of delay beyond the completion date (after due allowance for such extension of time
as provided herein) the CONTRACTOR shall pay the OWNER as liquidated damages
the sum of one hundred dollars ($'100.00), it being understood between the parties
hereto that such sum shall be treated not as a penalty, but as liquidated damages for
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 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 II 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 perm it 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 th.~
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 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 SUBlEmNG THE WORK:" The CONTRACTOR shall perform with his own
organization and with the assistance of workmen under his immediate supervision, work
not less than fifty percent (50%) of the value of all work embraced in the Contract
exclusive of items not commonly found in contracts for similar work or which requires
highly specialized knowledge, craftsmanship and/or equipment not ordinarily available
in the organizations of the contractor's performing work of the character embraced in the
Contract. No portion of the work covered by these specifications and materials, shall be
sublet without written permission from the OWNER. If the CONTRACTOR sublets any
part of the work to be done under this Contract, he will not under any circumstances be
relieved of his responsibility and obligations. All transactions of the OWNER will be with
the CONTRACTOR. Subcontractors will be considered only in the capacity of
employees and/or workers and shall be subject to the same requirements as to
character, competency, wages and hours. The OWNER will not recognize any
subcontractor on the work. The CONTRACTOR shall at all times, when the work is in
operation, be represented either in person or by a qualified superintendent or other
designated representative. A complete list of subcontractors must be submitted within
ten (10) days after start-up.
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:
General Liability:
Commercial General Liability
General Aggregate
Personal Injury
Each Occurrence
$1,000,000.00
$1,000,000.00
$1,000,000.00
Automobile Liability:
Combined Single Limit
$1,000,000.00
Excess Liability:
Umbrella
Each Occurrence
Each Aggregate
$1,000,000.00
$1,000,000.00
Worker's Compensation:
A. Definitions:
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage agreement
(lWCC-81, lWCC-82, lWCC-83 or lWCC-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
perfonning all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing,
hauling, or delivering equipment or materials, or providing labor, transportation,
or other services related to the project. "Services" does not include activities unrelated
to the project, such as foodlbeverage 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
(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 of the CONTRACTOR who will provide services on the Project will be
covered by workers' compensation coverage for the duration of the Project, that the
coverage will be based on proper reporting of classification codes and payroll amounts,
and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-insured, with the Commission's Division of Self-Insurance
Regulations. Providing false or misleading information may subject the CONTRACTOR
to administrative penalties, criminal penalties, or other civil action.
K. The CONTRACTOR'S failure to comply with any of these provisions is a
breach of contract by the CONTRACTOR which entitles the OWNER to declare the
Contract void if the CONTRACTOR does not remedy the breach within ten (10) days
after receipt of notice of breach from the City.
The CONTRACTOR shall be responsible for insurance to cover equipment, tools,
materials, supplies, etc. used in the performance of work, owned or rented, the capital
value of which is not included in the cost of this Contract.
Insurance policies are to be written by companies authorized to do business under the
laws of the State of Texas and on forms approved by the Insurance Commission of the
State of Texas. The CONTRACTOR shall provide the OWNER a copy of all insurance
policies.
All of the insurance required to be carried by the CONTRACTOR shall be by policies
which shall require on their face, or by endorsement, ten (10) days written notice to the
OWNER before they may be cancelled and within which ten day period the
CONTRACTOR covenants that it will provide other suitable policies in lieu of those
about to be cancelled so as to maintain in effect the coverage required under the
provisions hereof. Failure or refusal of the CONTRACTOR to obtain and keep in force
the above required insurance coverage shall authorize the OWNER, at its option, to
terminate this contract at once.
The CONTRACTOR shall indemnify and save harmless the OWNER, its officers,
employees, and agents from all claims and liability due to the activities of itself, its
agents, or employees performed under this contract and which result from an error,
omission, or negligent act of the CONTRACTOR or of any person employed by the
CONTRACTOR. The CONTRACTOR shall indemnify and save harmless the OWNER
from any and all expenses, including attorney fees, which might be incurred by the
OWNER in litigation or otherwise resisting said claims or liabilities which might be
imposed on the OWNER as a result of such activities by the CONTRACTOR, his
agents, or employees.
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 Contrad, 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
e. The person executing the Payment and Performance Bonds must be authorized
by the surety company to execute performance and payment bonds on behalf of the
company in the amount required for the Contract and such authorization must be
recorded in the files of the State Board of Insurance.
f. Failure to meet the criteria for acceptability of surety company issuing Payment
and Performance Bonds will result in the disqualification of the bid.
g. The Payment and Performance Bonds shall remain in effect at least one year
beyond final acceptance of work under the Contract by the Owner.
SC-27 RETAINAGE: If the total 'Contract price is greater than $400,000.00, five
percent (5%) of the total contrad 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 com pletion 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 these
supplementary conditions shall be paid for labor which is employed by the
CONTRACTOR and his subcontractors for execution of this contract. The
CONTRACTOR and his subcontractors shall keep accurate records of the names, wage
classifications, and hourly wages paid to each worker employed on this project. These
records shall be open to inspection by the OWNER.
SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer
will be the final interpreter of the requirements of the contract documents and sole judge
of the acceptability of work thereunder.
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 Arbitration Association currently
in effect. Request for mediation shall be filed in writing with the other party to the
Contract and with the American Arbitration Association.
The parties shall share the mediators 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 arbitration arising out of or relating to
the Contract shall include, by consolidation or joinder or in any other manner, the
ENGINEER, the ENGINEER'S employees or consultants, except by written consent
containing specific reference to the Agreement and signed by the ENGINEER, OWNER,
CONTRACTOR or any other person or entity sought to be joined. No arbitration shall
include, by consolidation or joinder or any other manner, parties other than the
OWNER, CONTRACTOR, and other persons substantially involved in a common
question of fact or law whose presence is required if complete relief is to be accorded in
arbitration. No person or entity other than the OWNER, CONTRACTOR shall be
included as an original third party or additional third party to an arbitration whose
interest or responsibility is insubstantial. Consent to arbitration involving an additional
person or entity shall not constitute consent to arbitration of a Claim not described
therein or with a person or entity not described therein. The foregoing agreement to
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
arbitration must assert in the demand all Claims then known to that party on which
arbitration is permitted to be demanded.
Judgment on Final Award. The award rendered by the arbitrator or arbitrators
shall be final, and judgment may be entered upon it in accordance with applicable law in
any court having jurisdiction thereof.
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PREVAILING WAGE RATE: DETERMINATION
BUILDING CONSTRUCTION TRADES
COUNTY NAME: HARRIS
C.te Printed: Aprtl15, 1997
CLASSIFICATION . Rate Health Pension Vacation' Total Wage
ASBESTOS WORKER $9.00 $0.00 $0.00 $0.00 $9.00
CARPENTER $16.23 $2.15 $1.17 $0,00 $19..56
CARPETl.A YERlFLOOR1NG INSTAlLER $8.00 $0.00 $0.00 $0.00 $8.00
CONCRETE ANISHER $10.00 $0.05 $0.25 $0.04 $1 0.34
DATA COMMUN1CATIONlTElECOM INSTALLER $1 1.99 $0.18 $0.00 $0.06 $12.23
DRYWALL INSTALLER/CEILING INSTALL.ER $1 1.00 $0.00 $0.00 . $0.00 $11.00
ELECTRICIAN $13.27 $0.79 $0.27 $0.41 $14.75
ELEVATOR MECHANIC S1 a.02 $3.85 $2.19 $1.50 $25.56
FIRE PROOFING INSTALLER $11.00 $0.00 $0.00 $0.00 $11.00
GLAZIER $12.53 $0.79 $0.00 $0.72 $14.04
HEAVY EQUIPMENT OPERATOR $13.48 $0.14 . $0.16 $0.02 $13.79
INSUlA TOR $1S,78 $3.06 $1.64 $1.00 $21.48
IRON WORKER . $13.37 $0.00 $0.00 $0.00 $13.37
LABORERlHELPER . $8.12 $0.32 $0.07 $0.06 S8.58
LA THEF-tJPLASTERER $15.10 $2.12 S1.00 $0.00 $18.22
.LIGHT EQUIPMENT OPERATOR ' $1 1.46 SO.30 $0.35 $0.02 $12.13
MASON 514.55 $0.48 $0.24 $0.00 $15.2.7
METAL BUlLOING ASSEMBLER $10.00 $0.00 SO.OO $0.00 $1 0.00
MILLWRIGHT 515.91 $1.63 $1.00 $0.00 $18.54
PAINTERiWALL COVERING INSTALLER $11.63 $0.87 $0.43 $0.16 $13.10
PIPEFITTER $1 S~3S $3.25 $2.06 $0.00 $23.69
PLUMBER , $19.33 $2.40 $1.45 $0.54 S23.T.i!
ROOFER $1 0.00 $0.00 50.00 $0.00 $10.00
SHEET METAL WORKER $1-4.56 . $1.19 $0.62 $0.1'4 $16.52
SPRINKLER FITTER $18.25 $3.40 $2.24 SO.OO $23.89
TERRAZZO WORKER $0.00 . $0.00 SO.OO $0.00 SO.OO
TILE S~1TER $10.00 $0.00 $0.00 $0.00 '10.00
WATERPROOFE~CAULKER $11.52 $0.00 $0.00 SO.OO $11A2
.
SO.OO In the rate fleld lndlcateslnsufficient data was received 10 determine a prevaDfng wage rate for
this classification. Government Code Title 10, Section 2258..023, paragraph C states: · A contractor
or subcontractor does not violate this section If a pUblfc body awardtng a contract does not determine
the prevailing wage rates and specify the rates In the contract as provided in Section 2258.022. ~
Prcperty af General Servfc.. Cornmls:slon
eased on 1996 Survey Resulls
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Gencr-aI Services Commission
171 t San lacinto - P.O. Box 1:3041
Au:olin. Tcx~ 18111-3047, \
Web Site: WWW.gsc..5talC.tx.US
(S12) 463-3035
,Pertinent Information to AU PublIc Entltles Using Prevailing Wage Rate Detemiinationa
.. Produced by the General ServIces Commission
1. The contractfng entlty awarding any contract for non-federally funded, public works' constnJctIon prole'cts
(regardless of size or donar value) shalf include in bid specification documents and contract documents a
prevailing wage rate determination of per diem wages for the locality in which the work is to be perfonned '
. for each craft or type of workman or mechanIc needed to exeCute the contract. The Prevailing Wage Rat;
Determination is defined as (1) the PrevalRng Wage Rate Detennlnatfon Informatfon sheet (document
.' number WR 1001), (2) the Prevailing Wage Rate Determination for Building Construction Trades, and (3)
the Department of Labor (DOL) Heavy Highway DsterminaUon. The DOL Heavy Highway rates are to be
p~d to worl(ers engaged in sUe work determined to be fIVe (5) feet beyond the build'rng, extending to the -
property boundary. .
,
2. It shall be the responsIbility of the contra.cttng entity to ensure that the General Contractor posts the
applicable Prevalling Wage Rate- Detennfnation In a orominent. ~ aceessfble place at 'the work site.
3. It shall be the responsibility ot the contracting entity to ensure that not less than the posted, specified rates
are paId to aU classifications of workmen, mechanics and laborers employed by the General Contractor
and/or Subcontracto~ .In the execution of theIr contract wIth the contracting entity, and to ensure that an
workels fit Into one of the listed worker classifications (or work of a slmllar character. For example, ,
welders are to be paid the rate of pay for the trade they are working for_
4. It shall be the responsibility of the contracting entity to take cognizance of wage rate disputes and/or
comp/cOOts of a/l violations ot the provisIons of Chapter, 2258 Texas Government Code litle 10.
5. It shaJ( be the responslbffity of the contracting entity to address the Issue of fringe benefits in the bid
specification documents and contract documents. The PrevalfJng Wage Rate DetennlnatIons produced by
the ,General Servfces Commission include fringe benefits In the total wages. The bid specfficatfon .
documents and contract documents need to specify whether the contraoting entity Is requiring that fringe
benefits be paid. ,.'
6. It shall be the responsibility of the contracting entity to' address the Issue of the use of apprer:atices ~d
theIr payment rate In the bid specification documents and contact documents. The rates speclfieclln the
PrevaUing Wage Rate Detennlnatlon produced by the General Setvfces Commlsslon are Journeyman
rates. HIstorically, the apprentice rate Is commensurate with the experience and skiD of the workur. For
example, on GSC projects, apprenUcesare paid at a rate of not more th~ 60% of the journeyman's wage.
Also on GSC projects, at no time shan a journeyman,supervise mo~e than one (1) apprentice. '
Note: The terms Joumoyman and apprentlce apply to b,oth union ,and Independent wor1<ers, and are not
Intended to imply that these positIons are ,union workers only.
1. Some Prevaillng Wage Rate Oetarrnlnatlons for Bunding Cons{ructlon Trades may Indicate $0.00 i~ the
"-otal Wage- column, rather than a dollar amount In such cases, The General Services CommISSion did
not recl!lve suffident survey data to tabulate a prevailing wage for this werker classification, In the
spedtied area.. and can not provide a prevaillng wage rats for this: classification. Where this occurs, .
General Contractors and Subcontractors shall not be bound to a prevailing wage rate for the c1as:.dfJcation
in question. .
VIR leUI Ma<CI\ 1:r.HI
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General Services Commission
171t San Jacinto - P.O. eox 1~041
Au::Iln. Teus 78711-3047
Web She: www.&Sc:.statc.lX.US
('12) 463-3035
\
Prevailing Wage Rate Determination Information
'The following information from Chapter.2258 Texas Government Code Title 10 should be included in your bid
specmcatlon documents and contract documents:
22S8~021. Duty at Governmental entity to Pay Preva11lng Wage Rates
(a) The stale or any pollUCC;lI subdIvision of the state shall pay a worker employed by It or on behalf of It
(1) not less than the general prevailing rate of per dIem wages for work of a slmUar character In the
locality in which the work Is performed; and. .
(2) nQt less than the general prevaHlng rate of per diem wages for legal holiday and overtime work.
(b) Subsection (a) does not apply to maintenance Work.
(c) A \votker Is empCoyed on a pubfic work for the purposes of this section It the worker Is employed by a
contractor or subcontractor in the execu1ion of a contract (or the public work with the state, a pofltical
suhdMslon of the state, or any officer. or public body of the state or a political subdivision of the state.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor, Penalty
(a} Thu contractor who is awarded a contract by a public body or a subcontractor of the contracto~ shall
pa)' not less than the rates determined under Section 2258.022 to a worket employed by it in the
execution of the contract
(b). A contractor or subcontractor who violates this section shaU pay to the state or a pouticaf subdivision of
tho state on whose behalf the contract is made, $60 for each worker empCoyed for ea.ch calendar day
or part of the 'day that the worker 'spaId less than the wage rates stfpulated In the contract. A public
body awarding a contract shall specify thIs penalty" in the contract.
Note: ThIs penalty applies even if the contractor or subcontractor and the worker come to an
agr~ement on the underpaId wages (see Attorney General Opiniol1 DM-469).
(c) A contractor or subcontractor does not vlola.te this section if a public' body awarding a contract does not
detennlne Ule prevaffing wage rates and specify the rates In the contract as provfd~d by Section
2.258.022.
(d) The pUblic body shall use any money collected under this sectIon to offset the costs incurred in the
administration of thIs chapter. ." , ". '
(e) A municipality Is entitled to collect a penalty under this section only if the municipaJity has a population
of more than 1Q,OOO.
;
.
(-2258.051. Duty of PUblic f!!ody to Hear Complaints .and Withhold Payment
\._~
(a) A public body awardIng a contract. and an agent or officer of the pubnc body, $hafl~
(t) take cognIzance of complaints of all violations of this chapter: committed in tho execution of Ule
contract; and ". .
(2) withhold money forfeited or required to bo withheld under this Chapter from the payments to the
contractor under the contrac:t, except. that the public bodY,may not wfthhold money from ofher
than the final payment without detetTTlination by the publiC body that there Is good. causa to
bolleve that the .contractor has violatod this chapter.
WR100l UarcIIIDDI
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IAsbestos Warieet Worl<er who removes and disposes of asbestos mat~rials. 1
Carpenter Worker who ~uiIds wood stl'\ldUreS, or structureS of any materiaJ Which has ~
repraer.d wood. Includes rough And. finish carpently, hardware and trim.
Ca~{ Laycr/Flooring I~rrer Worker who lns~lls carpet arid/or fl60r coverings. vinyi til~
Ccncrets F'ltlisher Worf.:cr who floats, trowels, and finishes concrete. I-
Dala Communlcatlonlrelecorn Installer Worfc:Gr who installs dataltsJephone and telovision cabla and assoelated
equipment and accessories.
Orywallln::taller/Ceiling Installer Worker who Installs metal tramed waIls and ceiRngs, drywan coverings, Clailing -
grids and C1SnUlgs. . . ~
Sectr1cian' . SklUed craftsman who Installs or repairs electrical wfring and devfc:es. Includes
rife alarm .syststnS, and HV AC e1ecttieaJ controls.
8evaror Mechanic Craftsman skfi(ed In the Installation and maintenance of elevators.
FIre proorll'\g l!\Staller Wori<er who sprayS or app"~ fire proofing materiab.
Glazier Worker who Installs glass, grazing and glass rraming.
Heavy Equlpment Operator Includ~ but not limited to aU Cat tiac(o~ all derrfck-powered. 811 poWl!r operated
cranes, back hoe, back. filler, power operated $hovol, wfnch tcuck. all trenching
. mach.lnes.
(nsula1or Worker who applies, sprays. or installs insulation.
Iron Worker Sldlled craftsman who erects structural steel framing and installs structural
concrete Rebar.
laborerlHelper . Workerquafdied (or only unsk1lled orseml-skilled work. Ufting, canyfng matarials
. and tool!;, hauling, digging, clean-up.
lalherlPlasterei Worker who Installs melal framIng and lath. Wor1<er who apprles plastor to lathing
and in:st.,ns as$OCiated accessories.
Ught Equipment Operator IndudQ$ but not limited to air compressors, truck crane driver. flex plane. buading
elevator. (ann grader. concrete mlxar Qess than 14 cf). conveyor.
Mason Craftsman who wones with masonry products, stone, brick, block. or any material
substituting for those materials and accesSories.. .
Metal Buifding Assembler Worker who assembles pre-made metal bundfngs.
Mittwright Mechanic speciaJlzfng In thd installation of heavy machinery, conveyance.
. wrenches, dock levelers, hydraulic afts and alIgn pumps.
PalnteoWafl Covering InstaRer Worl<or who prepares waR surfa~ and appnes paint and/or wan coverings. ~
and b4cfding.
Pipofrtter TraJnooworker who Installs piping systems. chilled water plplng and hot water
{bone" prplng, pneumatic tubing controls. choters, boUers, and B$$OC::iated
mechan1caJ equipment
Plumber S\cilled craftsman who Instalts domestIc hot and cold wator plplng, waste piping,
storm system pipIng. waleI' cfoset$, sinks, urinals and related work.
Roofer . Wo~er who installs roofing materials, Bttumen (asphalt and cokf tar), felts.
flashings, all types roofing membranes and assoclated products.
Sh-lMt Melal Worker WO~8r who Installs sheet metal products. Roof metal, flashings, .and curbs,
duetwor1c, mechanical equipment. and assoei2lted metals.
Sprinlder Fltt'!r Wori<er who Installs fU'G sprlnJdsr systems and Rre protectJon equfpmenl.
!Terrazzo WOrXet Cc3.ftsman who places and finIshes T erruzo.
:rde Setter WOrKsr who prepares wall and/or floor sutf'aces and appna ceramic: me! to the$G
sur!sces. . .' .
Watecproofer/Caulksr Worker who appncs waleI' proofing material to bultdings. Prcducts Include
sealant, Co'1ulk, sheet membrane, fiquid membrat\~. sprayed, rolled, or lm.lshed
on.
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Worker Classification Definition Sheet
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TECHNICAL SPECIFICATIONS
CLP Project No. 20014501
ITEM I
REMOVING EXISTING CONCRETE SIDEWALK AND CURB
1. DESCRIPTION
1.1 This section governs the furnishing of all equipment, superintendence, labor and
materials, and performing of all operations in breaking up and removing existing concrete
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.
Technical Specifications page 1 of 19
4. PAYMENT
4.1 All work performed as required herein and as provided under "Measurement" will
be paid for at the unit price bid per linear feet, which payment shall be full compensation
for furnishing all labor, tools, equipment, hauling and disposal of broken concrete and all
other incidentals necessary to complete the
work. No payment shall be made for removal of curb but shall be considered incidental.
4.2 Saw cut will be paid for at the unit price bid per linear feet. All saw cut shall be
made to the full depth of materials that are required to be cut. This shall include all
existing curb to be removed for handicap ramps.
Technical Specifications page 2 of 19
TECHNICAL SPECIFICATIONS
CLP Project No. 2001-4501
ITEM II
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
E.W.
Reinforcing steel shall be #3 bars at 18" OIC each way or #4 @ 24" O.C.
2.4
material.
Cushion sand shall be clean and well graded and free of clay and humus
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.
Technical Specifications page 3 of 19
3.5 During the placing of the concrete, the reinforcement shall be held in a
position parallel with the surface plane of the sidewalk as shown on the plans or as called
for in the specifications by the use of plastic chairs or other methods approved by the
engineer.
3.6 The concrete surface shall have a rough, non-skid type finish. The concrete
surface shall be free of any graffiti or writings. It shall be the contractor's responsibility to
protect the freshly poured concrete and finish on the surface a sufficient length of time to
allow the concrete to set up. Any concrete with graffiti and/or writing shall not be accepted
and shall be removed and replaced by the contractor at no cost to the owner.
3.7 The dummy groove joint shall be edged in the surface of the concrete at
every six foot (6') intervals.
3.8 The outer edge and joints shall be troweled to give a smooth surface and
rounded to a 1/4 inch radii.
4. CURING
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 hereby reserve the right to collect all cylinder
samples himself, if desired, and deliver same to the testing laboratory approved to
perform the tests prior to the placement of concrete. The tests will be performed to
maintain a check on the compressive or flexural strength of the concrete that is actually
placed. The test shall be defined as the average of the breaking of three cylinders or two
beams as the case may be. Test beam or cylinder specimens shall be required for each
167.5 cubic yards, or a portion thereof, placed each day. For smaller concrete
placements, the Owner's Representative may vary the test specimens to 25 cubic yard
placements, over a several day period. Cylinders or beam specimens shall be placed,
covered and stored in curing water tanks at temperatures between 70 degrees F. and 90
degrees F., until transported to the testing laboratory. The test specimens shall be cured
in accordance with THD Bulletin C-11.
6. PROTECTION OF SIDEWALK
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
Technical Specifications page 4 of 19
until such time as the concrete has cured sufficiently to a point where it is safe to be used
by the public and not be damaged by that use. Barricades shall not be removed until all
form materials, surplus wood and steel or any other surplus materials have been removed
from the site to provide for the safety of the public. All areas adjacent to sidewalks where
forms were removed shall be backfilled and graded prior to removal of the barricades.
7. CLEAN-UP
7.1 The contractor shall remove all rubbish and waste materials from the site.
The clean-up operation shall be kept up behind the construction at all times.
8. MEASUREMENT
8.1 The concrete sidewalk, complete in place, to the dimensions and limits
detailed on the plans and as described in these specifications will be measured by linear
feet of sidewalk placed. Curb shall be incidental to the job and will not be measured.
9. PAYMENT
9.1 The payment for the concrete sidewalk measured as indicated in paragraph
8 will be made at the contract unit bid price per linear feet for concrete sidewalk, complete
in place. Payment will constitute full compensation for cost of furnishing all plant
equipment, superintendence, labor, and materials and performing all operations required
for a completed installation including stripping, grading, fill materials, furnishing and
placing concrete and reinforcing, clean-up, and all incidental operations required for a
complete foundation.
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.
Technical Specifications page 5 of 19
TECHNICAL SPECIFICATIONS
ITEM III
CONCRETE FOR STRUCTURES
1. DESCRIPTION.
:...
1.1 This section shall govern the materials and methods used for the
proportioning and mixing of concrete for pavemen~ qriveways, pre-stressed concrete,
and other concrete incidentals required to complete the construction of the project. The
concrete shall be composed of Portland cement, mineral filler, and natural aggregates,
proportioned and mixed as provided in this specification.
2. MATERIALS
2.1 Cement The cement shall be Type I, Type II, or Type III. of a standard
brand of portland Cement conforming to ASTM Designation C-150. Only one brand of
cement will be permitted in anyone structure.
2.2 Mixing Water: The water used with the cement shall be clean and suitable
for drinking or for ordinary household use.
2.3 Course Aggregate: The course aggregate shall consist of gravel, crushed
stone, or a combination of these two.
2.3.1 Gravel shall consist of durable particles of crushed or uncrushed gravel of
uniform quality throughout. It shall have a wear of not more than 40 percent when tested
according to AASHO Method T-96.
c.. 2.3.2 Crushed stone shall consist of durable particles of stone of uniform quality
.and having the same wear as th~t required for gravel.
2.3.3 The course aggregate shall be free from an excess of salt, alkali, roots, and
other objectionable matter. The maximum size aggregate shall be governed by the type
of structure in which the concrete is used and as shown in Table I.
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A.a..- TECHNICAL SPECIFICATIONS
2.3.4 The grading requirements of the course aggregate shall conform to the
following:
TABLE I
.,..-. Percentage Retained
I No. I Maximum I~ 2 11X I 2" I 1 1r.lll I 1" ;,j4t, l'r.lll No.4
size
1 2 1/211 0 0-5 0-20 15-50 60-80 95-100
2 1 1/2" 0 0 0-5 20-70 95-100
3 1" 0 0-5 15-45 . 50-70 95-100
2.4 Fine Aggregate: Fine aggregate shall conS!st of natural sand and be free
from frozen material, foreign material, excess salt, alkali, or vegetable matter. It shall
contain not more than 0.5 percent by weight of clay lumps:
2.4.1 The grade requirements of the fine aggregate shall conform to the following:
Sieve
\
Percent Retained
r
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L_
3/8"
No.4
No.8
No. 16
. No. 30
No. 50
No. 100
0%
0-5%
0-20%
15-50%
40-75%
70-90%
90-100%
r-
!
2.4.2 The fineness modulus of the fine aggregate shall be between 2.40' and
2.90. When this fineness modulus varies more than .20 than that being used in the
current design, then the batch will be redesigned in accordance with standard Highway
Department methods.
2.5 Admixtures: An air entrained concrete will be' used for all bridge
superstructures. Air entrainment will also be required during hot weather placement
when, in the opinion of the Owner's Representative, the admixture is needed.
2.5.1 The air entrainment agent shall be of a standard commercial type
conforming to the requirements of ASTM Designation C-260.
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TECHNICAL SPECIFICATIONS
3.
PROPORTIONING AND CLASSIFICATION
3.1 Concrete shall be proportioned as determined by the Owner's
Representative and using the method as outlined in the Texas Highway Department.
Bulletin C-11. The concrete shall be uniform and workable. The minimum cement content,
maximum allowable water content, and maximum slump of the. various classes shall
conform to the following:
Type of Construction Min. Min. Compo Max. Water Slump Coarse Coarse
SKlCY Strength 28 Cement Inches Aggregate Aggregate
Day PSI Ratio Class No.
Foundations 5 3000 7.0 2-3 1-2 A
General Concrete 5 3000 7.0 3-4 2-3 A
Drilled Shafts
All Superstructure 5 3000 6.5 2-3 2-3 A
. Concrete
Riprap & Sidewalks 4.5 2500 7.0 3-4 1-2 B
Pre-stressed 6-7 6000 5.75 2-3 3 C
Concrete
Seal Concrete p 3000 7.0 5-6 1-2 0
3.2 The dry loose volume of course aggregate shall not be more than .82 cubic
i foot of the finished concrete.
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3.3 . The net amount of water will be the amount added at the mixer, plus the
free water in the aggregate, and minus the absorption of the aggregate based on a ~O
minute absorption test as defined in THO Bulletin C-11.
3.4 Where flexural test beams are used the 7 -day flexural strength shall be
equal to or greater than one-sixth of the 28 day compression test.
3.5 Where the difference between the actual amount of concrete placed and
the calculated theoretical amount required is more than 3%, the Owner's Representative
shall require the re-design of the batch.
4.
CONSISTENCY
4.1 Conerete shall be of such consistency as to insure the required workability
and result in compact masses having dense, uniform surfaces. The quantities of the mix
design shall not be. varied unless authorized by the Owner's Representative. In cases
where the characteristics of the aggregates are such that, with the maximum allowable
amount of water the consistency requirements cannot be satisfied, the contractor may
furnish additional aggregates, mineral filler, or aggregates of a different character which
will produce the desired results. If the contractor does not provide these materials, the
Owner's Representative will modify the mix design with additional cement to produce
proper workability. The addition of water to the approved batch design to provide
workability will not be permitted.
TECHNICAL SPECIFICATIONS
4.2 In general, the consistency of concrete mixtures shall be such that:
4.2.1 The aggregates will not segregate and mortar will cling to the coarse
aggregate.
4.2.2 The concrete when dropped from the discharge chute will flatten out at the
center of the pile, but the edges will not flow.
4.2.3 The concrete will not show free water.
4.2.4 The concrete will slide and not flow into place when discharged from the
metal chute at an angle of 30 degrees with the horizontal.
4.2.5 The surface of the finished concrete will be free of laitance.
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4.3 Any concrete mix failing to meet the above consistency requirements will be
considered unsatisfactory although the concrete meets the required slump test In cases
where the characteristics of the aggregate furnished are such that, with the maximum
allowable amount of water, the' specified slumps and consistency requirements are not
met, the contractor may provide aggregates of an improved grading, or the Owner's
Representative will modify the mix design to meet the slump and consistency
requirements by adding cement.
4.4 The slump tests will t;>e provided by the approved Testing lab according to
the standard ASTM testing procedures.
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5.' TESTING OF CONCRETE,
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5.1 During the progress of the work, the Laboratory wiII cast test cylinders for
testing in order to maintain a check on the compressive strength of the concrete actually ,
placed.
5.2 A test shall be defined as the average of the breaking strength of three
cylinders.
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5.3 Test cylinders for job site control will be tested according to ASTM
Designation: C-39 "Method of Test for Compressive Strength of Molded Concrete
Cylinders". Test cylinders shall be made in accordance with Test Method Tex-704-1.
5.4 All test specimens, beams, or cylinders representing tests for removal of
forms or falsework for pre-stressed or post-tensioned beams shall be cured under the
same conditions, subjected to the same curing materials, and to the same weather
conditi6nsas the concrete represented.
5.5 Other cylinders will be cured in accordance with THO Bulletin C-11.
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TECHNICAL SPECIFICATIONS
6.
CONDITIONS
6.1 The concrete shall be mixed in quantities required for immediate use and in
concrete not in place within the following:
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Air Temp. or Concrete Temp.
Hi hest Value
Maximum Time in Mixer
40 degrees F. to 74 degrees F.
75 degrees F.to 89 degrees F.
91 degrees F. and above
90 minutes
60 minutes
45 minutes
6.2 In threatening weather, which may result in conditions that will affect the
quality of the concrete, the Owner's Representative may order postponement of the work.
Where work has been started and changes in weather conditions require protective
measures, the contractor shall furnish adequate shelter to protect the concrete against
from rainfall or freezing temperatures.
6.3 Concreting will not be permitted when the temperature is 40 degrees
Fahrenheit and falling.
7. MEASUREMENT
7.1 Unless provided for in the proposal, the quantities of concrete of various
classifications wilt not be measured directly but shall be included in the itemized bid
structures.
8. PAYMENT
8.1
pertains.
Payment will not be made but shall be incidental to the item for which it
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TECHNICAL SPECIFICATIONS
1.
ITEM IV
UNDERMINED SIDEWALK POINT REPAIRS
DESCRIPTION
1.1 This item shall govern all e~cavation 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. . . '
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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, loeation, depth, and estimated.
volume of excavation shall be agreed upon by the Contractor and the Owner prior to
proceeding with the repair. The .normal width of any excavation of material down along
side of any pipe or manhole shall be maintained as near as possible to a width of 12
inches. The maximum depth for the excavation shall not exceed 6 feet in depth as
measured from the top of the existing. natural ground. All excavated material shall be
removed and disposed of as per the Owner's instructions. .
3.2 If in the opinion of the Owner's Representative, more extensive repairs are
warranted; the Owner shall have the option of making the additional repairs with City
personnel or negotiating with the Contractor for the additional repairs. All additional work
contemplated other than that described under. section 3.1 shall only be done by Change
Order.
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TECHNICAL SPECIFICATIONS
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.
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TECHNICAL SPECIFICATIONS
ITEM V
ADJUSTMENT OF METER BOXES. VALVE BOXES.
AND MANHOLE RINGS AND COVER
1. DESCRIPTION
1.1 This section shall govern the adjustment of meter boxes, valve boxes,
manhole rings and covers, etc. to the proposed finished grade of roadway paving,
sidewalks, parking lots, or other paved surfaces as indicated on the plans or, in the
opinion of the Owner's Representative, requiring an adjustment. The work covered in this
section consists of furnishing all plant equipment, labor, materials, and performance of all
operations for the required adjustments.
2. CONSTRUCTION METHODS
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.
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ITEM VII
BANK SAND
1. DESCRIPTION
1.1 The work covered by this section consists of furnishing all plant equipmentl 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 l!3and 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 ticket~ 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 ~s induded in the unit cost for each of these items.
TECHNICAL SPECIFICATIONS
ITEM VIII
ST. AUGUSTINE BLOCK SODDING
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This Item consists of preparing ground, providing and planting St. Augustine grass,
providing and distributing fertilizer, and subsequent watering. only on those areas
approved by the Engineer.
Materials:
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Sod:
1. Use sod consisting of live, healthy, dense, vigorous, well rooted S1: Augustine grass.
2. Sod to be free of debris, weeds ,or other grasses.
3. Sod to be a minimum soil thickness of 1-inch.
4. Do not use sod which is dried out or which contains debris, weeds or other grasses.
5. Plant sod which has been excavated for this project within three days. .
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Fertilizer:
1. Use Media Plus for new solid sod.
2. Apply in accordance with manufacturer's printed instruction.
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Payment:
No separate payment will be made for grass and fertilizer unless it is considered extra
and ordered by the Engineer.
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CEMENT ST AB'UZED SAND
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· END ·
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 18. 2002
Requested By, Dou. Kneu22e~
Department: Planninl! _
Appropriation
Source of Funds: CIP Fund
Account Number: 015-9892-856
Report:
Resolution:
Ordinance: X
Amount Budgeted: $ 44.000.00
Exhibits:
Ordinance
Bid Tabulation
Amount Requested: $ 40.352.24
Bidder's list
Budgeted Item:
~ NO
SUMMARY & RECOMMENDATION
As part of the FY 2001-2002 Budget for Capital Improvement Projects, City Council approved
$ 44,000.00 for the Central Park Hockey Rink Expansion Project. The Central Park Hockey Rink
Expansion Project consists of resurfacing of the existing deteriorated slab and adding a small section to
the end in order to have an official size slab for roller hockey.
Survey, design and engineering were performed on this project utilizing City Staff. On March 4, 2002, the
City received four bids from qualified contractors. Brooks Concrete, Inc. of Pasadena, Texas submitted
the lowest bid in the amount of $ 38,352.24. Contract time for completion shall be 90 consecutive
calendar days after "Notice to Proceed" is issued.
Staff has reviewed the bid as submitted and determined that it is a reasonable amount and Brooks
Concrete, Inc. is qualified to perform this work. Staff recommends that the City Council authorize the
City Manager to execute a contract with Brooks Concrete, Inc. in the amount of $ 38,352.24 and further
authorize $ 2,000.00 (5%) contingency for the Concrete Slab for Central Park Project.
Action Required bv Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Brooks
Concrete, Inc. in the amount of $ 38,352.24 and further authorizing $ 2,000.00 contingency for the
Concrete Slab For Central Park Project.
Approved for City Council Al!enda
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Robert T. Herrera, City Manager
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Date
ORDINANCE NO. 2002-~54~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC.
FOR THE CONCRETE SLAB FOR CENTRAL PARK PROJECT;
APPROPRIATING $ 40,352.24 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
$ 40,352.24 from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
ORDINANCE NO. 2002- a5L.f ~
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this March 18,2002.
By:
~ LA PORTE
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. an. one,
Mayor
ATTEST:
APPROVED: I ~~
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Knox W. Askins, ........
City Attorney
CITY OF LA PORTE
CONCRETE SLAB FOR CENTRAL PARK
CLP PROJECT #2002-5201
BID OPENING MARCH 4, 2002 2:00 P.M.
BID TABULATION
BROOKS CONCRETE y 90 $ 38,352.24
D.L. DAVIDSON PAVING CONTRACTORS y 30 $ 45,195.75
CURB PLANET y 60 $ 53,390.50
BILL MCDONALD CONSTRUCTION y 90 $66,344.75
CITY OF LA PORTE
CONCRETE SLAB FOR CENTRAL PARK
CLP PROJECT #2002-5201
Advertising
The Bayshore Sun - February 17TH and February 24th, 2002
Bid Notice Faxed
Bluebonnet Stroder Co.
908 Perla
Pasadena, Tx. 77502
Phone: (713) 941-4804
Fax: (713) 941-4887
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, Tx 77504
Phone: (713) 947-8440
Fax: (713) 947-8444
La Porte Bayshore
Chamber of Commerce
La Porte, TX 77571
Phone: (281) 471-1123
Fax: (281) 471-1710
Associated General Contractors
3825 Dacoma
Houston, TX 77092
Phone: (713) 843-3700
Fax: (713) 843-3701
FORCE Corp.
PO Box 1079
La Porte, TX 77572-0853
Phone: (281) 470-0550
Fax: (281) 471-9627
Follis Construction
III N. Broadway
La Porte, TX 77571
Phone: (281) 471-6881
Fax: (281) 471-6038
Portis Construction
14710 Park Alameda
Houston, TX 77047
Phone: (281) 433-1012
Fax: (281) 433-1018
Curb Planet, Inc.
1050-2 Edgebrook
Houston, TX 77034
Phone: (713) 944-9119
Fax: (713) 944-1006
C & D Constructors
PO BOX 23264
Houston Tx 77028
281-442-2468
281-442-2415
Southern Customs
9219 Katy Fwy.
Houston, TX 77024
Phone: (713)682-8807
Fax: (281) 471-1710
Bill McDonald Construction, Inc.
702 Underwood Road
Deer Park, Tx. 77536
Phone: (281) 479-3030
Fax: (281) 479-4337
Jesse Vega Construction Co.
2019 Pasadena Blvd.
Pasadena, TX 77502
Phone: (713)473-1552
Fax: (281) 473-1848
Moore & Moore Contractors
PO Box 1517
LaPorte, TX 77572-1517
Phone: (281) 471-0145
Fax: (281) 471-0601
Ideal Construction Services
PO Box 2915
Sugarland, TX 77487
Phone: (281) 470-0531
Fax: (281)470~539
D.L. Davison
19728 Saums Rd.
Houston, Tx. 77084
281-646-0770
281-646-7047
Contractors that Picked up Plans & Specifications
Southern Customs
9219 Katy Fwy
Houston, TX 77024
Phone: (713)682-8807
Fax: (281) 471-1710
D.L. Davison
19728 Saums Rd
Houston, Tx. 77084
281-646~770
281-646-7047
Curb Planet, Inc.
1050-2 Edgebrook
Houston, TX 77034
Phone: (713) 944-9119
Fax: (713)944-1006
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, Tx 77504
Phone: (713) 947-8440
Fax: (713) 947-8444
Bill McDonald Construction, Inc.
702 Underwood Road
Deer Park, Tx. 77536
Phone: (281) 479-3030
Fax: (281) 479-4337
John Cobb Home Improvement
117 Jefferson St
La Porte, Texas
Phone (281)471-8691
Fax (281)%0-2942
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- _.' "SPEClF\CA1\ONS'
. 'AND,
. CONTRACT DOCUMENTS.
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CONCRETE,SLA8 FOR " '
_ . '. . CENTRA\.:. PARKOUTDOORSKAt\NG R\NK
.. . . PROJECT NO'. 2002..5201' .., '.
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_", C\TYOF LA" PORTE,"-EAAS - .
. ' -' . FEBRUARY 2002
. _ . . ClP PROJEC'T NO, 2002"5201
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CITY OF LA PORTE
CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK
CLP Project No. 2002-5201
TABLE OF CONTENTS
SECTION
NO. OF PAGES
NOTICE TO BIDDERS................ ..................................... ........................................................1
SCOPE OF WORK. ........... ....... ............ ............................ ............... ............. ...... ......................1
INSTRUCTIONS TO BIDDERS ....................................... ....... ...... ............... .......... ..................4
BID PROPOSAL.............. ......... ..... .... .......... ... ......... ......... ............... ........... .................. ...... .... ..4
AGRE EMENT ...........................................................................................................................2
PAYMENT BOND.....................................................................................................................2
PERFORMANCE BOND ..........................................................................................................2
GENERAL CONDITIONS...................................................................................................... .42
SUPPLEMENTARY CONDITIONS.. .. ....... ....... ...................... ........ ................. ............ ..... ....10
TECHNICAL SPECiFiCATIONS............................................................................................. 6
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2--L 7-02-
NOTICE TO BIDDERS
CLP Project No. 2002-5201
1. Sealed bids, in duplicate, on the original forms, signed by an officer of the
Company, and addressed to Martha Gillett, City Secretary, City of La Porte, 604 W.
Fairmont Parkway, La Porte, Texas 77572-1115 will be received until 2:00 PM,
March 4, 2002, for the construction of:
CITY OF LA PORTE
CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK
CLP PROJECT NO. 2002-5201
2. Bidders are requested to attend a pre-bid conference to be held in the Council
Chambers at City Hall. 604 W. Fairmont Parkway. La Porte, Texas, February 25,
2002, at 10:00 a.m..
3. Interested contractors may obtain plans, specifications and necessary bidding
information at no cost from:
CITY OF LA PORTE
PLANNING DEPARTMENT
604 W. FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
(281) 471-5020
4. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or
bid bond from a surety company licensed in the State of Texas in an amount not
less than five percent (5%) of the total amount bid, as a guarantee that the
successful bidder will enter into a Contract and execute the Bond(s) if required,
within ten (10) days after the receipt of the Contract Documents.
5. The City of Porte hereby notifies all bidders that in regard to any Agreement
entered into pursuant to this advertisement, minority business enterprises will be
afforded equal opportunities to submit bids in response to this invitation and will not
be discriminated against on the grounds of race. color. sex, age. religion or national
origin in consideration for an award.
6. The Owners reserve the right to reject any and all bids and to waive informalities in
bidding. In case of ambiguity or lack of clearness in stating the prices in the bid, the
Owner reserves the right to consider the most advantageous construction thereof or
to reject the bid.
CITY OF LA PORTE
Martha Gillett
City Secretary
Notice to Bidders 1 of 1
SCOPE OF WORK
CLP Project No. 2002-5201
CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK
Contractor shall provide materials, supplies, labor and equipment to construct a
concrete slab to serve as a roller skating rink, according to site plan drawing and
specifications included herein, at Central Park, 618 San Jacinto, La Porte, Texas.
Border posts for side walls and fencing for this project to be provided by Owner.
Owner shall be responsible for placement of all border posts on part of slab that will be
overlayed on the existing slab. Contractor shall be responsible for placement of all border
posts in the new portion of the slab construction as shown on accompanying drawing.
Owner shall place border posts on existing slab by use of floor flange plates, anchored
and bolted to the existing slab. Plates shall be installed and posts set perpendicular prior
to the Contractor's preparation for slab pouring. Contractor shall place forms,
reinforcement, chairs, and any other materials needed for slab placement, as well as the
fence posts at the new slab section, while border posts are in place. Contractor shall
check post placement for perpendicular, prior to pouring slab and correct if necessary.
After concrete slab is poured and cured, Owner will be responsible for installation of
border walls and fencing.
The placement of the posts will not be paid for directly but shall be incidental to Item 2
"SUBGRADE PREPARATION FOR SLAB"
Performance and Payment Bonds shall be required for these projects.
Scope of Work 1 of 1
INSTRUCTIONS TO BIDDERS
CLP Project No. 2002-5201
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
NOTICE TO BIDDERS, and then at said office publicly opened and read aloud. The
envelopes containing the bids must be sealed and addressed to Martha Gillett, City
Secretary at 604 W. Fairmont Parkway, La Porte, Texas 77571.
The Owner may consider informal any bid not prepared and submitted in
accordance with the provisions hereof and may waive any informalities or reject any and
all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of
bids or authorized postponement thereof. Any bid received after the time and date
specified shall not be considered. No bidder may withdraw a bid within thirty (30) days
after the actual date of the opening thereof.
PREPARATION OF BID
Each bid must be submitted on the prescribed form. All blank spaces for bid
prices must be filled in, in ink or typewritten, in both words and figures, and must be fully
completed and executed when submitted.
Each bid must be subm itted 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.
Instructions to Bidders 1 of 4
QUALIFICATIONS OF BIDDER
The Owner may make such investigations as he deems necessary to determine
the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all
such information and data for this purpose as the Owner may request. The Owner
reserves the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Conditional
bids will not be accepted.
BID SECURITY
Each bid must be accompanied by a cashier's check, a certified check of the
bidder, or a bid bond prepared, duly executed by the bidder as principal and having as
surety thereon a surety company approved by the Owner, in the amount of five percent
(5%) of the bid. Such checks or bid bonds will be returned to all except the three (3)
lowest bidders within three (3) days after the opening of bids, and the remaining checks
or bid bonds will be returned promptly after the Owner and the accepted bidder have
executed the contract, or, if no award has been made within thirty (30) days after the
date of the opening of bids, upon demand of the bidder at any time thereafter, so long
as he has not been notified of the acceptance of his bid.
LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to execute and deliver the
contract and bonds required within ten (10) days after he has received notice of the
acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure
or refusal, the security deposited with his bid.
TIME OF COMPLETION AND LIQUIDATED DAMAGES
Time is of the essence in this project and the contractor must diligently pursue
the construction of the work so as to offer it for final acceptance by the Owner within the
time limit specified in the proposal. Liquidated damages of $100.00 per day shall be
chargeable for each day the work remains incomplete past the stated time limit.
CONDITIONS OF WORK
Each bidder must inform himself fully of the conditions relating to the construction
of the project and the employment of labor thereon. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material and labor necessary to carry
out the provisions of his contract. Insofar as possible the contractor, in carrying out his
work, must employ such methods or means as will not cause any interruption of or
interference with the work of any other contractor.
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made to any bidder orally. Every request for such interpretation
Instructions to Bidders 2 of 4
should be in writing addressed to "City of La Porte, Attn: Planning Department, 604
W. FAIRMONT PARKWAY, La Porte, Texas 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 supplem ental instructions will be in the form of
written addenda to the specifications which, if issued, will be mailed by certified mail
with retum 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 (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
1. 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 altemate bid items and bid items
included in the base bid.
Instructions to Bidders 3 of 4
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.
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.
Instructions to Bidders 4 of 4
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BID PROPOSAL FOR UNIT PRICE CONTRACT
CLP Project No. 2002-5201
Proposal of ~ t:J<<titr/!;k (hereinafter called "Bidder'). a corporation,
9f9an~,di1nd e)i(istingunder the laws of the State of -n. ,. a partnership, or arc
incjividual doing t;)usins$s as ~PCT(f..( to the City of La Porte, Texa~~
(htilreinafter called "Ownerl
,Ladies and Gentlemen:
The Bidder, in compliance. with your invitation for bids for the construction cr
'CONCRETe SLAi3 FOB CeNTRAL PARK OUTDOOR SKATING RINK per plans an\~,
i;i,~~i9ifi~<<on~...,"iprepar~ t;)y the City of La Porte, and having examined the plans and
..!;,~pEtQifi~tjOI'l~" with rel~ted documents and the site of the proposed work, and bein(;
'f'rniJiaf.V{ithiCilll of. the conditions surrounding the construction of the proposed project
"inGJ.~ding.the availabjlityof materials and labor, hereby proposes to furnish all labor. '!.
,,:!I;<\m,teria~~dsupplie$, and to construct the project in accordance with the contrac:;
....:~w,'~,,~,,~dS"'" ~~md"" e,ntti. wThithin the. time set tforth therein II , and at the .pricesdst~ted irfn the.attachhed Biel)
.. c~'~"e u e.!' .. ese pncesare 0 cover a expenses Incurre In pe ormlng t e WO[\.
irt;:lquired under the contract documents, of which this proposal is a part.
Bidder her(itby agrees to commence work under this contract on a date to b,:
.,pecified in written "Notice to Proceed" of the Owner and to fully complete the projec! .
,; .. .within C/O conse~tiye calendar days thereafter as stipulated in the specifications
".Bidder further agrees to pay as liquidated damages, the sum of $100.00 for eacl',
; 'consecutive calendar day thereafter as provided in Paragraph SC-6 of the
Supplementary Conditions of the Agreement.
Bidder acknowledges receipt of the following addendum:
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DATE: ')..- ~!-,?;Z
Bid Proposal 1 of tl
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BASE BID PROPOSAL
BiQd~r und~r~tands that the Owner reserves the right to reject any or all bids an~'i
lQwaiveany informalities in the bidding. .
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The bidder agrees that this bid shall be good and may not be withdrawn for ~',',~~;,;)!;
,". pf;triod of thirty (30) calendar days after the scheduled closing time for receiving bids.+;;;~jf iii'
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, 1j,.';i:,the,fOrIDal contract attached within ten (10) days and deliver a Surety Bond or Bonds a~
ii'}'~'r'[;i$quired by the General Conditions. "
r . 'In& bid security attached in sum of t;;;fJ !iiu P/!'!
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.'e,Q9Uars · ($ '.' 2tJttJ::" . .. ) is to become the property of the Owner in the event th~:.'I!~iJ
>r" c:pntractand bond allt not executed within the time above set forth, as Iiquidated.!~~:i~,
. 'Qamages for the delay and additional expense to the Owner caused thereby. ';{'!~?
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(Sig t re of Authorized Person)
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(Title)
lfOl ~ 1I/ItN GUt//J1
(Business Address)
4Jllkjf/A, 7X. 77J/J</
(City) ~ (State) (Zip Code)
7/3 9'!7-Sf//jO
(Telephone Number)
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STATEMENT OF MATERIALS AND OTHER CHARGES
TOTAL:
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MATJ;:RIALS INCORPORATED INTO THE PROJECT:
ALL OTHER CHARGES:
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"Thi$ totalml,Jst agree with the total "Total Amount Bid" figure shown on the bid sheet.
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,<ffgr..p~rp()36$of complying with the Texas Tax Code, the Contractor agrees that th~~i,.'
,<~rges for any · material incorporated into the project in exceS$ of the estimateQ,),; ,
" ';;\'" qYi;lntity provided for herein will be no less than the invoice price for such material to the,
,'C<:mtractor.
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BID PROPOSAL FOR UNIT PRICE CONTRACT
BID SCHEDULE
CLP Project No. 200-5201
CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK
Item Description Unit Estimated Unit Total
No. Quantities Price
1.0 CONCRETE SLAB 4" TO 5%" SF 13,741
COMPLETE IN PLACr r / r~
@ &tJ .ll)fu J( ~ ~
per ~F-
2.0 SUBGRADE PREPARATION FOR SF 2,648.5
91'X29.5' SLAB
~OMPLETE IN PLACE l>ttLJnIk ~ s!-
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6.0
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TOTAL
AMOUNT BID
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(IN WORDS)
Bid Proposal4 of 4
The undersigned bidder hereby certifies it has been furnished a copy of City of La Po'
.......(jrdlnanq;l fS8-2217 prohibiting any expenditure for goods or services by the City of t
.... .. '''i.~orte from any persori, firm, or corporation owing any delinquent indebtedness to tl'
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"""';,C!ty. The undersigned bidder further certifies that it is in compliance with tf
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CITY OF LA PORTE
CERTIFICATION BY BIDDER
Ifl.lnde~igned bidderisnot in compliance with Ordinance 98-2217, it hereby assigns
..the City of~ Porte, the amount of its delinquent indebtedness to the City of La Porte,
~eded~cted 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 ordinant
shall be just cause for rejection or disqualification of bid.
~~U"del1!illn~ herel;>y certffies that ~ is in compliance w~h Ordinance 98-221
or
___ The unc;lersignCitd assigns to the City of La Porte, the amount of its delinquent
indeQtedness,to be deducted by the City of La Porte from the amounts due the
undersigned.
,(Initial one ofth(J above)
Bu.iness Name:
I/I}f)JJ ~allT-(' pr,
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Address:
.~,'. ;,Printed Name:
AGREEMENT
CLP Project No. 2002-5201
THIS AGREEMENT, made this ~ day of March ,2002, by and between the
CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY
MANAGER and Brooks Concrete Inc. (a corporation):
of Pasadena 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:
CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK
CLP PROJECT NO. 2002-5201
hereinafter called the project, for the Total Price of Thirty eiQht thousand three hundred
fifty two and 24/100 ( $ 38,352.24 ) 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.
AGREEMENT 1 of 2
The CONTRACTOR hereby agrees to commence work under 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
$100 for each consecutive calendar day thereafter as hereinafter provided in
Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first above
mentioned.
City of La Porte
Name of Owner
SEAL
By: Q~ l, t~~~
Robert T. Herrera
Attest:
BY:~. tL!tiJ a -' ;:Lit)
Martha Gillett
City Manager
Title
City Secretary
Title
SEAL
By:
~4._< (gtJlt~ TIf/(
Nam~lntracting Finn
Signature of Authorized Person
v;; e /;tt5
Title of Authorized Person
'10$ J!l!w (?WIJ IuJuJeJ/1I ?7>-rJy
Address and Zip Code
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Witness
AGREEMENT 2 of 2
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V\estem Suety Company
PAV_ENT BOND
Bond NurnMr:
KNOW ALL PERSONS BY THESE PRESENTS. Thill we Brooke Concrete, Inc.
22503563
01
4018 ~llen Genoa, pasadena. TX 7750S
I heleilafter
reterrtcl tc ., the Prtncipsl. and "...tern ~retv CCIIIOanv
_ Surm,. ant held and fimlly bound unto Ci ty of La porte
d . .~
Thirty Eight Thousand T~ree Hundred F1fty Two And 44/~OO
MfIrfed to.. the Qj)llgee. In 1h& sum Of Doll ~ rg
Doll.. ($ 3 a , 352 .24 ). tClr..e payment of which we bind ou...... oW' leg" ~. tuOCMlOft
and .1Ips. Jc*dtI and sevemJly, firmly by th... pnnerdB.
'WHEREAS, Pltnclpll has entere:t Into a contract with Obligee. d8l.ld 18711 d8y of M A,l!OI
'Z-ooZ-, !'or Concrete Slab for Central park Outdoor Skating Rink
caw at which c::onIrad is by' ",",nee n'IIde. pert hereof.
NOW, THEREFORE. if Principal etIa1l. In <<COfd8nce wICh apprlC8b1e statl_, promptlf I'nIllGe ..,...,.nt to aI
persons suppLyng tabor and matenlill ., the prcsecution ci the 'WOrk pruvldeO for in .... contract, l!B1d ..., and d
duly IYIhorad mcdilcations of aid conhCl flit IM1 ,u.,..after be made. dOll of which modlllcatlons to SlIretJ
being waived, 1I18n thll oblgat1on " be 'Yolel: otherwise to remain in full farce and etrect
No $Uil. tit action IhiII be gonmenced hereunder
(I) AtI!lr Ihe eq*aIion of one (1) ye.. falbMng the elite on which Principal C88I8d work on eald conII:acl: it
being undtIItoocI. however. that;r q imilatlon elri:lodled In thl$ band is prdIibiled by MY taw conlldlna
the conehctlon hen!af IUctllimllaticln .... be deemed lID be BII'Iendec:lIO _ t. be equal tD the miI'WnUm
period of.rnitadiorl perrnitbtd by such aaw.
(b) 0Iher than In a staIlt colRt of cxmpel8nt jI.1ri8dldion In and for the count, or OCher poI(icaI subdlvfelon of
the 82ate In which the project. or ., Plilt thlreof, is $itUated. Dr in the UfiIBcI _ DiIbiQt Court b'the
clelrict In wtIc:h the ~ .OJ' B1Y patt lheteOf. is &1tua1:ed. WId not easewhere.
111& amount of tNI bond Shell be .....ced by and to the extent of iIfJ)P patyn'I8I'It Of pafmentl rnBdIt in eCKJd faith
~nde~ .
SIGNED, SEAlED AND DATeD Iftls
1st
d.,d
April
2002
Brooks Concrete. Inc.
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V\estern Surety Company
PERFORMANCE BOND
Bend I!nnbe:;: 22503563
KNOW ALL PERSONS BY THESE PRESENTS. Thatwe I3rooks Concrete, Ine_
4018 Allen Genoa. Pasadena, TX 77505
d
. honrinatbl'
f8ferted to as ... Principal, and ..ee.m SI,U:'.t~ ~
. Surety. are held end firmly boUnd lIflto City of La Porte
of 'l'n1.rty ,IUgnt: 'lnousana 'rnree Hunarea FH:t:y 'rWO Af1~
reft=rred to .11 lie Obligee, i1 the sum af Dollars
Oon.rs ($ 3 S , 352 .24 ), for the paymII'It of which we bi"d ours.hres, 0UI'M1g81 ~llaIIvee, SUl;C8IICQ
and ~igns, jdnlly and RYlHIIy. firm" by It1ese pnasents.
WHEREAS. PrIncI,. h.-s.ntered into a oonhct with Obligee. d-.:l the /$ T/I d6Ii'/ of M A ~
Z-c:> (;)"2.. , for. concrete slab for Central Park Outdoor Skating Rink
HOW, lHEREFORE, if the Prmcipll shall faium.11f perbrrn.ud1 c:ontract or 511.1 indemnify R SiIVe harmle. lie
Obllg. from 811 cost end damIge by' reiIcn of Prlnciper, taflUI'8 80 to do. then lNa obligation shall be nul and
valet: alMrwmlS lllihalll1!l'nlin in ft.!U ti:In:le 8nd effect.
ANY PROCEEDING. __ ClI' equitable. under thIS Bond tnSPIl)& lnetltutld in any ccurt Of competent jurf8dictlon ih
the Ioc:aIlcn in which the WtIIt CII" plrt allf1e work is lac:aI8cIand ~ be i1s1ilU1l!d witlm 1.WO JIlIIIS after Cantrac:b"
Default Of' wfthln two Y881'8 altar ItB Cantfactof ceaeed wcrkk'lg. or.rn two yen..r the Snly ,... orWs
to pedarm itI obr9ltiana lnl.1hia Eland. whk::hm!r acx:urs first. It ltIe pnwisians d t1i1 Paragraph are void CII"
pronlblt8cl by Itw. the mfnlmum peJtod of Imltatlon avauaWe to sureties 88 8 d8l'en8e In the jurtedlcllon or the SUll
shall be appIicabJe.
NO RIGHT OF ACTION shd accrue on Ihil Bond 10 or for the UII of any plIl'ICI'I or ccrpcntion Oller than the
Obligee n.-ned hnln or the heirs. exeeotor&. .dm1nlstnirtols or SUccest0r8 or the 0bIk.Iee.
SIGNED. SEALED AND DATED Ihis 1st clayof April 2002
Srooks Concrete, Inc.
(prtnclP'I) >-
By C\.( t> ~A---S~ ~(Seel)
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GENERAL CONDITIONS
elP Project No. 2002-5201
General Conditions 1 of 1
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'Ibis document has important legal consequences; consultation with an attorney is encouraged with respect to its use or -
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
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STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
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ENGINEERS JOINT CONTRACT DOCUMENTS CO:l\fMl'lTEE
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AMERICAN CONSULTING
ENGINEERS _ COUNCIL
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCffiTY OF PROFESSIONAL ENGINEERS
AMERICAN SOCIETY OF
CIVIL ENGINEERS
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AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCmTY OF CIVIL ENGINEERS
This document has been approved and endoned by
The AJsociaJed Geucnl T Cootnotors of America
Construction Specifications Institute
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These General Conditions have been prepared for use with the OWner-Contractor Agreements (No. 1910-8-A-lor 191()"
8-A-2) (1996 Editions). Their provisions are btterrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 191()"17)
(1996 Edition).
EJCDC No. 1910-8 (1996 Edition)
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Copyright 01.996
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TABLE OF CONTENTS
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ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 6
1.01 De.fiMd Terms ................................................... 00700 - 6
1.02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 8
ARTICLE 2 - PRELIMINARY MA TIERS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 9
2.01 Delivery of Bonds ................................ '. . . . . ... . . . . . . . . . . . 00700 - 9
2.02 Copies of Documents .............................~.......... '. . . . . . . . . 00700 - 9
2.03 Commencement of CQntract 'nmes; Notice to Proceed .......................... 00700 - 9
2.04 Starting the Wont ................................................. 00700 - 9
2.05 Before Starting Construction .......................................... 00700 - 9
2.06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: 00700 - 10
2.07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......... ~ . . . . . . . . . . 00700 - 10
3.01 Intent. . . . . . . . . . .'. . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 00700 - 10
3.02 Reference Standards .............................................. 00700 - 10
3.03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11
3.04 Amending and Supplementing Contract Documents ...................... ~ . . . :_ 00700 - 11
3.05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11
ARTICLE 4 - A V AILABIUTY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS;
REFERENCE POINTS .............................................. 00700 - 11
4.01 Availability of Lands .............................................. 00700 - 11
4.02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12
4.03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12
4.04 Underground Fadlities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13
4.05 Reference Points ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13
4.06 Hti:l.ardous Environmental Condition at Site .. . . . . . . . . . . . . . . . . . . . . . . . -. . . . . '. . oo7Qq - 14
ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15
5.01 - Performance, Payment, and Other Bonds ................................. 00700 - 15
5.02 Licensed Sureties and Insurers ........................................ 00700 - IS
5.03 Cenijicotes of Insurance .;.......................................... 00700 - 15
5.04 CONTRACTOR's Liability Insurance .................................... 00100 _ 15
5.05 OWNER'sLiabilityInsurance. ..... .................................... 00700- 16
5.06 Property Insurance ............................................... 00700 _ 16
5.07 Waiver of Rights .................................................. 00700 _ 17
5.08 Receipt and AppUcation of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . 00700 - 18
5.09. Acceptance of Bonds and Insurance,' Option to Replace ........................ 00700 _ 18
5.10 Partial Utilization, Aclcnowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18
ARTICLE 6 - CONTRACTOR'S RESPONSmIUTIES ...... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 18
6.01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 18
6.02 . Labor,' Working Hours ............................................. 00700 _ 19
6.03 Services, Materials, and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 19
6.04 Progress Schedule ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 19
6.05 Substitutes and "Or-Equals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 00700 _ 19
6.06 Concerning Subcontractors, Suppliers, and Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 20
6.07 Patent Fees and Royalties ........................................... 00700 _ 21
6.08 Permits. . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 21
6.09 I..aws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 22
6.10 Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 22
6.11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 22
6.12 Record Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 22
6.13 Safety and Protection .......................................... . . . . . 00700 _ 23
6.14 Safety Representative .............................................. 00700 _ 23
6.15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 23
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6.16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
6.17 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
6.18 Continuing the Wolfe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 24
6.19 CONI'RACl'OR's General Warranty and Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S
6.20 Indemnification. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S
ARTICLE 7 - OTIlER WORK ................................................... 00700 - 26
7.01 Related Wolfe at Site .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26
7.02 Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 .....
ARTICLE 8 - OWNER'S RESPONSmlUTIES ........................................ 00700 - 26
8.01 Communications to Contractor ............... . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26
8.02 Repl4Cement of ENGINEER. . ". '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . 00700 - 26
8.03 Furnish Data ...................... " . . . . . . . . . . . . . . . . . . . . . . . . . . .'. 00700 - 26
8.04 Pay Prol'l'lptly lVhen Due .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26
8.05 lAnds, and Eosements,' Repons and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . 00700 - 26
8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . 00700 - 27 -
8.07 Orange Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27
8.08 Inspections, Tests, and Approvals ......................................, 00700 - 27
8.09 Limitations on OWNER's ResponsibiUties ................................. 00700 - 27
8.10 Undisclosed Hazardous EnvirolUMntal Condition ............................ 00700 - 27
8.11 EvidenceofFinancialArrangements..................................... 00700-27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27,
9.01 OWNER'S Representative ........................................... 00700 - 27
9.02 Vuits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27
9.03 Project Representative ............................................. 00700 - 27
9.04 Clarifications and Interpretations ...................................... 00700 - 28 -
9.05 Authorized Variations in Worlc ........................................ 00700 - 28
9.06 Rejecting Defective Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.07 Shop Drawings, Change Orders and Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.08 Determinationsfor Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.09 Decisions on Requirements of Contract Documents and AcceptabiUty of Work .......... 00700 - 28
9.10 Limitations on ENGINEER's Authority and ResponSibiUties . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00100 - 29
10.01 Authorized Changes in the Work ..................... . . . . . . . . . . . . . . . . . . 00700 - 29
10.02 Unauthorized Oranges in the Worlc ..................................... 00700 - 29
10.03 Execution of Change Orders.. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 00700 - 29
10.04 Notification to Surety .............................................. 00700 - 29
10.0S Claims and Disputes. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30
ARTICLE 11 - COST OF THE WORK; CASH ALLOW ANCBS; UNIT PRICE WORK . . . . . . . . . . . . . . 00700 - 30
11.01 Cost of the Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30
11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 32
11.03 Unit Price Worlc ................................................. 00700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 - 33
'12.01 Orange of Contract Price ........................................... 00700 - 33
12.02 Orange of Contract TImes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33
12.03 Delays Beyond CONTRACTOR's Control .................................. 00700 -,33
12.04 Delays Within CONI'RACl'OR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
12.05 Delays Beyond OWNER's and CONTRACI'OR's Control. . . . . . . . ~ . . . . . . . . . . . . . . . 00700 - 34
12.06 Delay DantlIges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, RBMOV AL OR ACCEPTANCE OF
DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.01 Notice of Defects ......... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.02 Access to Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.03 Tests and Inspections .............................................. 00700 - 34
13.04 Uncovering Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35
13.05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35
13.06 Correction or Removal of Defective Work ...........;......,............... 00700 - 3S
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13.07 Correction Period ......................... . . . . . . . . . . . . . . . . . . . . . . . 00700 - 3S
13.08 Acceptance ofDefeclive Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
13.09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
14.~ Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 37
14.03 CONTRAcroR's Wammty o/,ntle .............. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 .
14.04 Substantial Completion ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 .
14.05 Partial Utilization ................................................ 00700 - 39
14.06 FiMllnspeclion ................................................. 00700 - 39
14.07 FiMl Payment . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 39
14.08 Final CornpletionDelayed . . . . . . . . . . . . ~'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40
14.09. Waiver ofCloims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40
ARTICLE IS - SUSPENSION OF WORK AND TERMINATION.. . . . . .. . . . . . . . . . . . . . . . .'. . . . 00700 - 40
15.01 OWNER May Suspend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . 00700 - 40
15.02 OWNER May Termi1lllte for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40
15.03 OWNER May Termi1lllte For Convenience . . . . . . .' . . . . . . . . . . . . . . . . . ~ . . . . . .'. . 00700 - 41
15.04 CONTRAcroR May Stop Work or Termi1lllte . ~ .... . . . . . . . . . . . . . . . . . . . . . . . . . .00700.-.41
ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41
16.01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . 00700 - 41
ARTICLE 17 - MISCBU.ANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42
17.01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 42
17.02 Cornputation of 7imes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42
17.03 Cumulative Remedies ....................... . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42
17.04 Survival of ObUgations ...................... . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 42
17.05 ContT(JIUng Law ................................................. 00700 _ 42
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Ttrms
A. Wherever used in the Contract Documents and
printed with initial or all capital letteR, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
1. Addenda-Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents. .. .: ,
2. Agreement-The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application/or Payment-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 Contract.
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.
s . Bid-The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documems- The Bidding Requirements
and . the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements-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. Clumge Order-A document recommended by
ENGINEER which is signed by CONTRACTOR and
OWNER imd 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 -
the Agreement.
10. Claim-A demand or assertion by OWNER or ....
CONTRACTOR seeking an adjustment of Contract Price
or Contract l1D1es, 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. Contract-The entire and integrated written
agreement between the. OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents-The Contract Documents
establish the rights and obligations of the parties and
-
include the Agreement, Addenda (which pertain to the
Contract 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 exlu'bit 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 Orders,
and ENGINEER's written interpretations and-
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are -
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics,
-
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
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13. ConJract PriCt-1be moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03 _
in the case of Unit Price Work).
14. Contract 7lmes-- The number of days or the dates
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stated in the Agreement to: (i) achieve Substantial
Completion; and (U) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's wri~
recommendation of final payment.
15. CON1'RACI'OR--The individual or entity with
whom OWNER has entered into the Agreement.
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16. Cost of the Work-See paragraph 11.01.A for
definition,
17 . Drawings-That part of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. . Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
dermed.
18. Effective Date- of the Agreement-The date
indicated in the Apment on whi~ 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 in the Agreement.
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20. ENGINEER's Consultant-An individual or entity
having a contract with ENGINBBR to furnish services as
ENGINEER's independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
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21. Field Order-A written order issued by ENGI-
NEER which requires minor Changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times, .
22. General Requirements-Sections of Division 1 of
the Specifications. The General Requirements pertain to
all se~tions of the Specifications.
23. Hazardous Environmental Condition-The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material. in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous Waste-The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 69(3) as
amended from time to time.
2S. Laws and Regulations,' Laws or Regulations-Any
and all applicable laws, rule., regulations,. ordinances,
codes, and orden of any and all governmental bodies,
agencies,. authorities, and courts having jurisdiction.
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26. Liens-Charges, security interests, or
encumbrances upon Project funds, real property, or
penonal property.
00700 - 7
27. Milestone-A principal event specified in the
Contract Documents relating to an intennediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award-The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the '.
conditions precedent listed therein, OWNER wUl sign and
deliver the Agreement,
29. Notice to Proceed--A written notice given by
OWNER. to CONTRACTOR fixing the date on which the
Contract Times will C01IllIleDCe to run and on which
CONTllACTOR shall.start to perfonn the Work under
the Contract Documents.
30. OWNER-The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization-Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it.is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs-Polychlorinated biphenyls.
33. Petroleum-Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pOunds per square inch absolute), such as oil, petroleum:'
fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil
mixed with other non-Hazardous Waste and crude oils.
34. Project-The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. Project Manual-The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. Rodioactive Material-5ource, special nuclear, or
byproduct material as derIDed by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. Resid.ent Project Representative-The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
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38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Dmwings-All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the 'York.
40. Site--Lands or areas iDdicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be perfonned, including rights-of-way and
easements for access thereto, and such other lands
tumished by OWNER which are designated for the use of
CONTRACTOR. '
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41. Specifications-That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor-An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance-of a part of the Work
at the Site.
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43. Substantial Completion-- The time at which the
Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a 'specified part thereof) is sufficiently 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
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
completion thereof.
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44. Supplementary Conditions-- That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier--A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with, any Subcontractor
to furnish materials or equipment to be inCOJPOrated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities-All undergroWld
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facUities 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 or ~
other control systems.
47. Unit Price Woric--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 dOCUIIieirtation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as -
required by the Contract Documents.
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49. Work Change Directive-A written statement to _
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion, or revision
in the Work, or responding to differing or unforeseen -
subsurface or physical conditions under which the Work
is to be perfonned or to emergencies. A Work Change
Directive will not change the Contract Price or the -
Contract TJmeS but is evidence that the parties expect that
the ohattge ordered or documented by a Work Change '
Directiw will be incorporated in a subsequently issued _ (
Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract
Times.
50. Written Amendment--A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the _
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction-related
aspects of the Contract.OOC11Ifienta.
1.02 Terminology
A. Intent of Cenain Terms or Adjective3
1. Whenever in the Contract Documents the terms
"as allowed," "as approved, to' or terms of like effect or
import are used, or the adjectives "reasonable,"
"suitable," "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 Contract Documents 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
00700 - 8
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use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Wor~ or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
ARTICLE 2 - PRELiMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight. 2.02 Copies of Documents
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C. Defective
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1. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, 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 been
assUDled by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, InstaU, Perform, Provide
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.1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, II1ilterials, or equipment,
to the Site (or SOR other specified location) ready for use
or installation and in usable or operable condition.
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2. The word "install," when used in connection
with services, materials, or equipment, shall mean 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
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipmC?nt complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" "is implied.
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E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or
, construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
me~.
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additionai copies will be
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no eve~t will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Work ,', ,
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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.
2.0S Before Starting Construction
A. CONl'R.ACFOR's Review of Contract Documents:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error,
ambiguity. or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; hoWever, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise specified
00700 - 9
in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work., including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
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3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments durmg
performance. of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
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C. Evidenc~ of I1ISuranc~: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article S.
2.06 Preconstruction Conf~r~nce
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A. Within 20 days after the Contract 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 the Work and to discuss the schedules
referred to in paragraph 2.0S.B, procedures for bandling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
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2.00 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, 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 the schedules submitted in accordance with paragraph
2.0S.B. CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to' ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression er"the - ~
Work to completion within any specified Milestones and ~
the Contract Tunes. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for -
sequencing, scheduling, or progress' of the Work nor
interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it _
. provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be -
acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work. .
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ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Int~nt
A. The Contract Documents are complementary; what
is called for by one is as binding as if Galled for by all. _ t
B. It is the intent of the ~. Documents. to describe
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 Docu-
ments 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 J:le issued by ENGINEER as provided in
Article 9.
3.02 Ref~renct Standmds
A. StandaTfls~ . SpeciJicotions, Codes, Laws, and
R~gulatio",
1. Reference to standards, specifications, manuals,
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, specification, manual, code, or Laws or Regula- l ~
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
00700 - 10
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except as may be otherwise specifically stated in the
Contract 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, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the pcrformallCC of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting DiscrqJancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity;
or discrepancy 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 any standard, spec:~cationrmanual or code, or of any
instruction of any SUpplier, CONTRACTOR shall report
it to ENGINEBR in writing at onoe. CONTRACTOR
sba1l not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
sba1l not be liable to OWNER or ENGINEER for failuie
to report any such conflict, error, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Con.tract Documents, the provisions of the Contract .
Documents sba1l take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a: '.' the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
3.04 Amending and Supplementing Contract Documents
. A. The Contract Documents may be amended to provide
for additions, deletions, and revisions in. the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (i) a Written AmendmeJit; (ii) a Change
Order; or (iii) a Work Change Directive.
B. 1bc requirements of the Contract DocUments may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clariflca~on. .
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity pedorming or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) sba1l 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 Consultant, including
electronic media editions; and (ii) sba1l not reuse any of such
Dfll.wiogs, Specifications, other documents, or .copies 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 payment;. completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein sba1l preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - A V I\ILABIUTY OF LANDS;
SUBSURFACE AND PHYSICAL CONDmONS;
REFERENCE POINTS
4.01 Availability of lAnds
A. OWNER. shall furnish the Site. OWNER shall notify
CONTRACTOR of'any encumbrances or restrictions not of
general :~lication but specifically related to use of the Site -
with which CONTRACTOR must comply in performing the
Work. ':OWNER will obtain in a timely manner and pay 'for .
easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or extent,
if any. of any adjustment in the Contract Price or Contract
Times, or both, as a result of any delay in .OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
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B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or filing a mechanic I s or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACI'OR shall provide for all additional lands
and access thereto that may be required for temporary
cons~on facilities or storage of materials and equipment.
4.02 Subsurfac~ and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1." those reports of explorations and teSts of ' I
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments;and
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4.03
Differing Subsurfac~ or Physical Conditions
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A. Notice: If CONTRACTOR believes that any subsur- ~
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
I. is of such a nature as to establish that any ,
"technical data" on which CONTRACTOR is entitled to.-
rely as provided in paragraph 4.02 ,is materially
inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated in -
the Contract Documents; or
4. is of an unusual nature, and differs materially -
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
2. those drawings of physical conditions in or then CONTRACTOR shall, promptly after becoming aware
relating to existing surface or subsurface structures at or thereof and before further disturbing the subsurface or
contiguous to the Site (except Underground Facilities) that physical conditions or performing any Work in connection -
ENGINEER has used in preparing the Contract therewith (except in-an ettlergen.cy as required by paragraph
Documents. 6.16.A), notify OWNBlt arid ENGINEER in writing about .
, , such condition. CON'TltAcrOR. shaII not further disturb _ ~
'B. Limited Reliance by CONTRACI'OR on Technical sUch condition or perform any Work in 'connectiOn 'therewith
Data Authorized: CONTRACTOR may rely upon the" , :(except as aforesaid) until receipt of written ordeno do.so;-
general accuracy of the "technical data" contained in such
repOrts and drawings, but such reports and drawings are not'
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such 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: '
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
technique,s, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinionS, and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
B. ENGINEER's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER. will promptly
review the pertinent condition, determine the necessity of
OWNER's obtaining ldditional exploration or tests with -
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and
conclusions.
C. Possible Price and nmes Adjustments
I. 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 required for, perfor-
mance 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 Price
will be subject to the provisions of paragraphs 9.08
and 11.03.
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2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER in respect of Contract
Price and Contract Times by the' submission of a Bid
or becoming boW1d under a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
~t of any examination. ihvestigation. .exploration,
test, or study of the Site and contiguous areas
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
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c. CONTRACTOR failed to give tho written
notice witlUn the time and as required by paragraph
4.03.A.
~. If OWNER and CONTRACTOR arc unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both. a Claim may .be made therefor as
provided in paragraph 10.05. However, OWNER,
E~G~:IlR, ~ ENOINEliR.'s .Consultants Bhal1 not be
1iableto CONTRACTOR for any claUns, costs, losses, or
~;(~lu.ding..but not limited to aU fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) 'susUUncd by CONTRACTOR on or in connection
with any other project or anticipated project.
4.04 Underground Facilities
A. Shuwn or Indicaled: The information and data shown
or indicated in the Contract Documents with respect to
exUlting UndergrO\D1d Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER,' sba11 not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following wU1 be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking aU such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction. and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
. ". B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguowi to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, CONTRACTOR
sbaU; . promptly after becoming aware thereof and before .
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6.16.A), identify
the owner of such Underground Facility and give written
notice to that owner and'to OWNER and ENGINEER.
ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a
change is required in the Contract Documents to reflect
and document the consequences of the .existence or
. . Jocation.,of the Underground Facility. During such time,.
. :-, 'CONTRACTOR shall be responsible for the safety md'
.,' ~ pro~tioaofsuch Underground Facility. :. :-::"',""',
2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price of Contract Times, or
both, to the extent that they are attributable to the
e~stencc 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
anticipated. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.0S.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for . construction which in
ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, sba1l protect and
preserve the established reference points and property
00100 - 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 monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary. Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
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B. Limited Reliance by CONTRAcroR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such 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:
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1. the completeness .of.such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences.and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
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2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn froni 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 m 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 encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
~
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop - ~
all 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 ENGINEER-
(and promptly thereafter confl11ll such notice in writing).
OWNER shall promptly consult with ENGINEER concerning .
the necessity for OWNER to retain a qualified expert to ..;.
evaluate such condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume
Work in connection with such condition or in any affected-
area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR written
notice: (i) specifying that. such condition and any affected -
area is or has been rendered safe for the resumption of Work;
or (ii) specifying any special conditions under which such
Work may be. resumed safely. If OWNER and_
CONTRACTOR cannot agree as to entitlement to or on the
amount or extent, if any, of any adjustment in Contract 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 make a
Claim therefor as provided in paragraph 10.0S.
F. 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 -such Work under such special conditions,' then
OWNER'may .order the portion of the Work that is in the
area affected by such condition to be deleted from the Work.
If OWNER and CONTRACTOR cannot agree as to-
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Tunes as a result of
deleting such portion of the Work, then either party may _
make a Claim therefor as provided in paragraph 10.OS.
OWNER may have such deleted portion of the Work
performed by OWNER's own forces or others in accordance
with Article 7. -
G. To the .fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold harmless -
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and_
subcontractors of each ~d Oany of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other-
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that 0 such
Hazardous Environmental Condition: (i) was not shown or -
indicated in the Drawings or Specifications or identified in i I
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by _
anyone for whom CONTRACTOR is responsible. Nothing
00700 - 14
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in this paragraph 4.06.B shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall. indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
consuitants, and subcontractors of each and any of them from
and againSt all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other profeasiOlUlls and all court or
arbitration or other dispute resolution costs) arising out of or
relating to a Hazardous Environmexttal Condition created 'by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACtoR to indemnify any individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Perfonrillllce, Piiyment, and Other Bonds
. \.. . ~', ....\,>. ',~
A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
paymem of all CONTRACTOR's obligations under the
Contract Documems. These Bonds shall relnain in effect at
least until one year after the date when final paymem
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. AQ Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or Regulatious, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as AcceptablcfSureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 (amended)'by the Fmancial Management Service, Surety
Bond Branch, U.S. Departmem of the Treasury. All Bonds
signed by an &gem must be accompanied by a certified copy
of such agem's authority to act. .
. C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvem or its
.. ,tight to do business is terminated in any state where any part
of the, Project is located or it ceases to meet the requirements
-"......;,.
of paragraph 5.01.B, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Contract'
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety ot insurance
companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements aDd qualifications as may be provided
in the Supplementary Conditions.
5.03 . certificates of Insuranct
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRAC'rOR is required to
purchase and maintain. OWNER shall deliver to
CONTRACTOR, with copies to eaah additional insured
identified in the Supplementary Cofiditions, certificates of
insurance (and other evidenee of insurance requested by
CONTRACTOR. or: any other additional insured) which
OWNER is required.to. purchase and maintain.
5,04 CONTRAcrOR's liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from 'claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed. by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
1. claims.. under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damageS because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
00700 - 15
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4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (il) 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
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-made-
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish O~ and
each other additional insured identified in the Supple-";"
mentary Conditions, to whom a .certificate of insurance
has been issued, evidence satisfactory to OWNER and
any such additional insured of continuation of such
insurance at final payment and one year thereafter). -
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the 5.05 OWNER's LiabiUty Insuranc~
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased andmaintained 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 :of 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. include at least the specific coverages and be
written for not less than the limits of liabUity provided in
the Supplementary Conditions or' required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6'.07,6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until fmal payment and
at all times thereafter when CONTRACTOR may be
A. In addition to the insurance required to be provided
by CONTRACTOR under paragr~h 5.04" OWNER, at
OWNER's option, may purchase and maintain at OWNER's_
expense OWNER's own liability insurance as will protect
OWNER against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary-
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amoWiis":' .
as may beprovided.in the Supplementary Conditions or
required by Lawsand,Regulations). This insurance shall:
. 1. include the interests of OWNER, CONTRAC--
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,_
directors, partners, employees, agents, aild other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an addjtional insured;
2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at-
least include insurance for physica1loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the_
follo.wlng . perils or causes of loss: fire, lightning,
extended. coverage, theft, vandalism and malicious
mischief; earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and-
Regulations, water damage, and such other perils or
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 not-
limited to fees and charges of engineers and architects);
00700.- 16
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4. cover materials and equipment stored at the Site
or at another location that w~ aJreed to in writing by
OWNER prior to be~ ~rpo.{lted in. the Work,
provided that such materials end equipment have been
included in an Application for Payment recommended by
BNGINEBll;
5. allow for partial utilization of the Work by
OWNBlt;
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 BNGINEBR with 30 days written
notice to each other additional insured to whom a certifi-
cate of insurance has been issued.
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B. OWNER. shall purchase aDd main'tllul such boller and
machinety insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, BNGINl!BR,
BNGINEBR.'s Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
I-
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C. All. the policies of insurm (and the certificates or .
other ,evidence thereof) required ,tQ, J?e.~ed and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement ~ the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER. shall not be responsible for purchasing and
maintaining any property insurance specified, in this
paragraph 5.06 to protect the inJerests of CONTRACTOR,
SubcolJ,tractors, or others in the Work to, the extent of any
dCd~tible amounts that are i~tified in the Supplementary
Conditions. The risk of loss within such identified deductible
amount will be borne by CONTRACTOR, Subcontractors,
or others ~ering any such loss, and if any of them wishes
property iDsurance coverage within the limits of such
amo~ts, each may purchase and maintJlin it at the
purchaser's own expense.
..
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a~ If CONTRACTOR requests in writing 'that other
'p~ia.1 insurance be included in the property insurance
1!P^i~ies ~f~ded under paragraph 5.06, OWNER ,shall, if
~,~~J~ iuc11,lde such insurance, and the cost thereof will be
,~ji:dto CONTRACTOR by appropriate Change Order or
~""..\VrtlteJ1 Amendment. 'Prior to commencement of the Work
.~',' t,
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has beeJ:l procured by
OWNER.
5.07 Waiver 01 Rights
A. OWNER and CONTRACTOR intend that all policies
purchased in accordance with paragraph 5.06, .will protect
OWNER, CONTRACTOR, Subcontractor.s, BNG~.
ENGINBBR's Consultants, and, all. other individuals or
entities identified in the Supplementary Conditions to be
listed as insureds or additional insJll'eds' (and the o~,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them) in such policies
and will provide primary COVerage for a1110sses and damages
caused by the perils or causes of loss covered thereby. All
such po1icit;s shall contain provisions to the eff~t that in the
event of PJyment of any loss or dAmage the m.urers will
have no rights of recovery against any of the in.$ured$ Qr
additional insureds thereunder. OWNBlt an4CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other,
consultants and subcontractors of each and any of the"' for
a1110sses and damages caused by, arising out of or resullin8
from any of the perils or causes of loss covere,d by such
policies P.I4 any other property insurance applicable to U1e
Work; and, in additio~, wai~ AlLmcIl,'titbJa,lI,giiJlllt
SubContractors, ENGINEER. liNGlNJiSk's CoaSultapts~ and
all other individuals or entiti~ .~entified fu the Sup'p1elDCn-
tary Conditions to be listed iU!. ~,or add.ti~ insureds
(and the officers, directors, partnerS, employees, ag_. and
other consultants and subconitactors of each' rind any or them)
under such policies for losses and damages so caused. None
of the above waivers sha1l extend to thC rights that iDy PartY
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable Under any
policy so issued.
B. OWNER waives all rights ~t CONTRACTOR,
Subcontractors, BNGINBBR, ENGlNBBR.'s Consultants, and
the officers, ~rs, partners, employees, agents, and otlier
consultants and subcontractors of each and any of them for:
1. loss due to JJusiness interruption, loss of use, or
other consequential loss extending beyond direct physical
~lo~s or damage to OWNER's property or the Wotl\.-,
caused by, arising out of, or resulting from fire or other
peril whether or not insured by OWNER; and
2. loss or damage to the completed PrOject or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on ~ completed Project
or part thereof by OWNER during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
00700 - 17
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pursUant to paragraph 14.04, or after final payment of such party by the Contract Documents, such party shall
pursuant to paragraph 14.07. notify the other party in writing of such failure to purchase ~
prior to the start of the Work, or of such failure to mamtain
C. Any insurance policy maintained by OWNER cover- prior to any change in the required coverage. Without
ing any loss, damage or consequential loss referred to in prejudice to any other right or remedy, the other party may
paragraph 5.07.B shall contain provisions to the effect that in elect to obtain equivalent Bonds or insurance to protect such ....
the event of paym. of any su$ loss, damage, or other party's interests at the expense of the party who was
consequential loss, the insurers will have no rights of.. ::required to provide such coverage, and a Change Order ~
recovery .': against CONTRACTOR,' Subcontrac:tors. . be issued to adjust the Contract' Price accordingly. . <
BNGnm1!R~ or ENGINEBR's Consultants ~ the officers, J'.'\ ' .-.-;
ditectors, partners, employees, agents, and other consultants 5.10 Partial Utilization, AcbWwledgmenl of PTdp~
and subcontractors of each and any of them. Insurer
5.08 Receipt and Application of Instlran~e Proceeds
A. Any insured losS under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph S.08.B.
OWNER shall dcpasit in a separate account any money so
reCeived and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached, the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof,
. and the Work and the cost thereof covered by an appropriate
Change Otderor Written Amendment. ", :c. .,
B. oWNml as fiduCiary shall have power to adjust and
settle any loss with the insUrers un1e~& one of the parties in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exerCise of this power. If
such objection be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the loss with the insurers
and, if requ4"ed in 'Yriting by any party in interest, OWNER
as fiduciary shall give bond for the proper perfonnancc of
such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other provisions of
the Bobds or insurance required to be purchased and
maintained by the other party in accordance with ~cle 5 on
the basis of non-conformance with the Contract Documents,
the objecting party shall so notify the other party in writing
withiIi 10 day~ after receipt of the certificates (or other
eVidefice requested) required by paragraph 2.OS.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
A. If OWNER finds it necessary to occupy or uso a
portion or portions of the Work prior to Substanti.al
Complctionof all the Work as ptovided.in'PllIagraph 14.05,. _ .
II) such use or occupancy shall commence before the insurers
providing tbc property insurance pursuant to paragraph S.06
have acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers -
providing the property insurance shall consent by endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on acco~t of any -
such partial use or occupancy.
ARTICLE 6 - CONTRACTOR',SRBSPONSmIUTIBS
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct
the Work competently and efficiently, devoting such attention _
thereto and applying suCh skills 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 construction, but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific -
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall _
be responsible to see that the completed Work complies
accurately with the Contract Documents.
B. At all times during the progress of the Work, -
CONTRACtOR shall assign a competent resident superin-
tendent thereto whC? shall not be replaced without written
notice to OWNER and ENGINEER except under -
extraordinary circumstances. The SlJPCrintendent will be
CONTRACTOR's representative at the Site and shall have '
authority to act on behalf of CONTRACTOR. All_
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
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00700 - 18
6.02 ~; ~orking Hou.rs
..;....... .
A. C" CTOR. shall provide competent, suitably
qualified ~l to survey, lay. out, and construct the
Work as':-" by ~ Con~act Documents. CON-
TRAC '.. . at all times JTudntain good discipline and
'o.'!'"..
order at ..
..
.
B. .. as otherwise required for the safety or
protection.... .~sOJ)S or the Work or property at .the Site or
adjacent . '"~~.~ except as o~erwise stated in the
ContraCt .J', aU WOrk at the Site sball be performed
......;..~ : i~~"~ houn and CONTRACTOR. will DOt
UU&'""'6 re W!:V"-' .
permit. work or the perfo~ of Work on
Saturday, 'l~. o! any.l~gal holiday without O~'s
written.. .t\Vhich will not be unreasonably withheld)
.. ,,~; "pven aftc' r writte1i notice to ENGlNEER....... .,' ,"
A. UDless otherwise specified in the General Re-
quiremen~;.tONTRACTOR shall provide and assUlllC full
responsibiJj!:fl;rllll services, materials, equipment, labor,
~ijfi; cp~tion equipment and machinery, tools,
appliancea;.;;:':fue1, power, light, heat, telephone, water,
sanitary ~; temporary facilities, aDd all other facilities
. :.' "and inci~ necessary for the perfol'JDll!lCC' .~ting.
:.. ...., sian-uP, ~~~l"tjqn ~f the Work.... . .~~.' ' .
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B. All"'''' ;:~.' 8I1d equipment incorporated into the
Work ,.'is specified or, if not specified, Shall be of
good . ",~, new, except as othe~ise provided in the
Contract ',.. nts. All warranties and guarantees
specificall ,eel for by the Specifications shall expressly
roD to the ',.. \1 of OWNER. If required by EN~INEER.,
CONTRA. . ~hall furnish satisfactory evidence
. (including ~. of reqwied tests) as to the source, kind,
and quality materials and equipment. All materials and
equipment 1i'lU ,.be stored, applied, installed, connected,
erected, ~, us~, cleaned, and. conditioned. in
accontancC /\-i{th insttucUODS of the applicable Suppber,
except as o~erWise may be provided in the Contract Docu-
ments.
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Se&iE.a~ Matnials, and Equipment
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6.04 prJJr./Sdredu.le
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A. eli'" CI'OR shall adhere to the progress schedule
establish '~'.'.~~~~ with paragraph 2.07 as it may be
adjusted . time to time as provided below. '
.~/~' ,:.
1. ,}. pCTOR shall submit to ENGINEER for
accep .: (to ,.the extent indicated in paragraph 2.07)
propos. ..' tments in the progress schedule that will
not .:: . the Contract Times (or Milestones).
Such:,>, tB -will conform generally to the progress
schedul , . hi effect and additionally will comply with
i.
any provisions of the General Requirements applicable
thereto.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
~ submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
0Jange Order or Written Am~meN in accordance with
, Article 12. .
'.' '
6.05 : 'Substitlltu and -Or-Equals- ..'
A. Whenever an item of material or equipment is
specified or described in the Contract Documents 1;Jy using
the name of a proprietary item or the name of a particular
Supplier, . the 'specification or description is inteDded to
establish the type, fundion. appeatarice, and quality required.
Unless the specification or description contains or is fonowed
by words reading that no like, equivalent, or "or-equa1" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Supp1i~ may
be submitted to ENGINEER for review under the circum-
stances described below.
1. .Or-Equal- Items: If in ENGINEER's sole
discretion an itclD of material or equipment proposed by
CONTRACTOR is functionally ~, to that named and
wfficiCntly Similar so that 00 clwlge 'in related Work will
be required, it may be considered by: ENGINEER as an
-Qr-equal" item, in which case review and approval of
the proposed item may, in ENGINEER's sole discretion,
be accomplished without compliance with some or all of
the requirements for approval of proposed substitute .
items. For the purposes of this paragraph 6.0S.A.l, 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: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will reliably perform at least
equally wen the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR. certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item 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 under
00700 - 19
paragraph 6.0S.A.l, it will be considered a proposed
substitute item.
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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 named and
an acceptable S\lbstitutc therefor. Requests for
review of proPosedsu~stitute items of material or
equipment will notbC acCepted by ENGINEER from
anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER
will be as sef forth in paragraph 6.0S.A.2.d, as
supplemented in the General ReqUirements and as
.ENGlNEER may decide is appropriate under the
circumstances.
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d. CONTRACTOR shall first make written
application to ENGINEER for review of a proposed
substitute item 'of material or equipment that
CONTRACTOR seeks to furnish or use. The
application shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that Specified, and be suited
, to the. same use as that specified. The application
: will; stilte the extent, if any, to Which the use of the
ptopoSdd substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in cQnnection with t)le Work is subject to pl\Yment of
any'license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, l!!ales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly ftom use of such substitute item, including
costs' of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
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B. Substitute Constructioh Methods or Procedures: If a
specific dleans, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR may
furnish or utilize a substitute means, method, technique, .14
sequence, or procedure of construt:tion approved by ENGI- _
NEER. CONTRACTOR shall submit sufficient information
to allow ENGINEER, in ENGINEER's sole discretion, to
detentdne that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The proce-
dure for review by ENGINEER will be similar to that
provided in lI~bPaIagraph 6.0S.A.2.
~
,.
C. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
subinltW. ~de pursuant to paragraphs 6.0S.A and 6.05.B.
ENGINEER will be the sole judge of acceptability. No
.or~" or ~bstitute will be ordered, installed or utilized
until ENGINJ$R's review is complete, .which will.be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." ENGINEER. will
advise CONTRACTOR in writing of any negative
determination.
D. Spedal Guarantee: OWNER may require CON-
TRACTOR to furnish at CONTRACTOR.s expense ,a sPecial
performance guarantee or other surety with respect to any
substitute.
, E. ENGlNEEk.'s Cost Reimbursement: ENGINEER. will A
. "record time required by ENGINEER and ENGINEEWs .~
. Consultants ~.ev!IJ~tiqg substitute proposed or sUbmitted bY '
CONTRACTOa purguam to paragraphs 6.0S.A.2 and 6.0S.B
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a sUbstitute item so propOsed or -
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNEtt for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such proposed -
substitute.
F. CONTRAcrOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or-equal" at CONTRACTOR's expense.
6.06
Concerning Subcontractors, SuppUers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B),
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 ~e Work
against whom CONTRACTOR has reasonable objection. ~
-,
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
00700 - 20
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C~ CONTRACTOR shall be fully responsible to
OWNER and ENGINJmR for an acts and omissions of the 6.01 Patent Fees and Royalties
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work. just as A. CONTRACTOR shall pay all license fees and
CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the
acts and omissions. Nothing in the Contract Documents shall. -.' performance of the Work or the incorporation in the WOJ'k of.
cR:~'fuiihe;benerrt of any such Subcontractor, SUpplier,' or' .,'-l> , .aJiy"invention, design,' process, product, or deviCe '-;whieh is
other indiVidual :Or entity any contractual relationship between ',' .lIle .subject of patent rights or copyrights held by- others'.": 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 Contract Documents: for use in the
obligation on the part of OWNER or ENGINEER. to payor perfonnance of the Work and if to the actual knowledge of
to see to the payment of any moneys due any such Subcon- OWNER or ENGINEER its use is subject to patent rights or
tractor, Supplier, or other individual or entity except as may copyrights calling for the payment of any license fee or
otherwise be required by Laws and Regulations. royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent 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
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to 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.
entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement,' and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptanee (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding D~ or the Contract
Documenta) of any such Subcontractor, Supplier, or other
individual or entity 80 identified may be revoked on the basis '.
of reasonable objection after due investigation. CON-.,
TRACTOR shall submit an acceptable" replacement for the ,"
rejected Subcontractor,. Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be ,issued or Written
Amendment signed. No acceptance by OWNER of any such
. SubCOntractOr,' 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.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other .individuals or entities peI'forming or
furnishing my 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 Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
or Supplier which specifically binds the Subcontrac.tor Qr
Supplier to the applicable terms and conditions of' the
Contract Documents for the benefit of OWNER '. and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additienW
insured on the property insurance provided in puagraph
S.06, the agreement between the CONTRACTOR anet the
Subcontractor or Supplier will contain. provisions whereby
the Subcontractor or SuppI1er waives all rights against
OWNER, CONTRACTOR" .ENGINBBR, ENOlNBBR's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insureds or
additional insureds (and the officers, directOR, partnen,
employees, agents, and other consultants and-subcontractors
of each and any of them) for all losses and damages caused
. by, arising out of, relating to, or resulting from ~y of the
perilS Or caUSes of loss covered by such policies and any'
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRAC-
TOR will obtain the same.
6.08
Penniu
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
00100 - 21
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and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees 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.
r
6.09 Laws QN/. Regulations
. A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's comp~ with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
having . reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however,' it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawirigs ,are in.8CCQrdan~e with Laws and Regulations, but'
this shaiI not rellevc, CONTRACTOR of CONTRACTOR's
obligati~ns underiP~~~~h.3.~3. ,
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C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or 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.
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6.10 Tax~s
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 Ar~QS
A. Limitation on Us~ of Sit~ and Other Areas
1. CONTRACTOR shall confme construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
...,
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
-(
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2. Should any claim be made by any such owner or
occupant because of the ~ of the Work,
CONTRACTOR shall promptly settle with such other
party, by negotiation or otherwise resolve the claim by
arbi~~fioil or other dispute resolution proceeding or at
law.
....
:....
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant",.,and the officers, directors, partners,.
employees, agents, and other consultants of each and any
of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals -
and all court or arbitration or other Jlispute 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
indeniniflCd hereunder to the extent caused by or based
. upon CO~CTOR's performance of the Work.' . ..,./..
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B. :R,enrt!Wll.,ofD~bris During Peiformance of the Work:.
During the Pro8fess of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials,'rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con-
form to applicable Laws and Regulations.
,"~l
C. Cl~aning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structur~s: CONTRACTOR shall not loa~,'
nor permit any part of any structure to be loaded in any.'
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
,
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00700 - 22
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Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documents
together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGINEER. for
reference. Upon completion of the Work. these record
documents, Samples, and Shop Drawings will be delivered to
ENGINEER for OWNER.
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6.13 SDfetY and Proter;li~
~~
A. CONTRACI'OR shall be lOiely responsible for
initiating, 1J1aintBini"l and supervising all safety precautiODS
and programs in connection with the Work. CONTRACI'OR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent'damage,
uijury or loss to: . '.. .,
1. all persons on the Site or who may be affccted
by the Work;
2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
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3. other property at the Site or adjacent thereto,
including trees,shrubs, lawns, walks, pavements,
roadways, structureS, utilities, and Underground Facilities
not designated for remoVal; relocation, or replacement in
the course of construction.
."
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B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety. of persons or
property. or to the protection of periODS or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work.may affect them, and shall cooperate
with them ii1 the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER. or ENGINEER's Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
responsibllities for safety and for protection of the Work shall
continue until such time as all the Work is completed aDd
ENGINEBR has issued a notice to OWNER: and
CONTRACl'OR in accordance with paragraph 14.07.B that
the Work is acceptable (except as' otherwise expressly
provided in connection with Substantial Completion).
6.14 Sqfety Repnsentative
A. CONTRACTOR shall designaJe. a qualified and
experienced safi,iy representative at me 'Site whose duties and
respousibUitics sba1l be the prevention of accidents and the
maintaining and supervising of safety precautioDS, and
programs.
6.15 Hazard Communication Progranu'
A. CONTRACTOR shall be responu.ole for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to
or exchanged between or among employers at the Site in
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent:
thereto, CONTRACTOR is obligated to act to prevent
threatened damage', injury, or loss. CONTRACTOR shall..
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work oi
variations from the Contract Documents have been caused
thereby or are required as a result thereof. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR. in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6.17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All submittals will be identified as ENGINEER
may require and in the 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 show ENGINEER the services, mate~,
and equipment CONTRACTOR proposes to provide ~ to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17 .E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700 - 23
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submittals. Bach Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications;
C. Where a Shop Drawing or Sample is requited by the
Contract Documents 01' the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.07, any related ~'Work performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility of
CONTRACTOR.
, D. Subminal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions. specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, shipping, handling, - storage, assembly,
- 'and installation pertaining <<t the performance of the
Work;
. .' ...:~ . .;.' ;"~ ."'~
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
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
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR'ueview and
approval of that submittal.
3. At the time of each submittal. CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or Sample
submitted may have from' the requirements of the
Contract Documents, such notice to be in a written com-
mUnication separate from the submittal; and, in addition,
.shall cause a specific notation to be made on each Shop
-
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation. - ~
E. ENGINEER', 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 and
, approval will be only to determine if-the items covered by
the submittals will, after installation or incorporation in
, the Work, conform' to the information given in the -
Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents.
2. ENGINEER's review ~d approval will not
extend to means, methods, techniques, sequences, or _
procedures of construction (except where a particular
means, method, technique, sequence. or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs -
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of Shop
Drawinga or Samples shall not relieve CONTRACTOR ~
from reSponsibility, fOl my variation froni the require- - .
ments of the Contr;lct; J)oc~ unless CONTRACTOR
has in Writing called 'ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written
approval of each such variation by specific written
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
paragrapl1 6.17.0.1.
F. Resubmittal Procedures
1. CONTRACTOR sba1l make corrections required
by ENGINEER and shall return the required number of
corrected copies .of Shop Drawings and submit as
required new Samples for review ~,approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing 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
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as permitted by paragraph 15.04 ,or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACI'OR's'General WaITanty and Guarantee
A. CONTRACTOR. warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documenta
and will notbe defective. CONTRACTOR's warranty and
guar. hereunder excludes defccts~or damage caused by:
1. abuse, modification, or improper maintenaoce or
operation by persons other than CONTRACTOR, Sub-
cODtracton, Suppliers, or any other individual or entity
for whom CONTRACTOR is responsible; or
. ~
2. nomial wear and tear under normal usage.
B. CONTRACTOR'. obligation to perform and
complete the Work in accordance with the Contract
Documents sba1l be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the. Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
.1
: 1.. observations by ENGINEER;: :"
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2. recouui1endation by ENGINEER or payment by
OWNER of any progress or fmal payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any paYment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptailce by OWNER or any failure to do
so;
;....
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
)
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
consultants and sUbcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all coUrt or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided tWit any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injuiy to or destruction of tqibl~
. , ".!property (other than the Work itself), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
SUpplier, or any individual or entity directly or indirectly. .'
employed by any of them to perform any of the Work ,or
anyone for whose acts any of them may be liable,
regardless of whether or not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B.' In any and all claims against OWNER or BNGINBBR.
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal representative of such employee). of . ,
CONTRACTOR, any Subf::on~~tor, a,ny Supplier, or any
individual or Cntlty direcUy or'indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnifu:ation obligation
under paragraph 6.20.A shall not be limited in any way by
any limitation on the amount or type of damages,
compensation, or benefits payable by or for CoNTRACTOR
or any such Subcontractor, Supplier, or other individual or
entity under workers' cOmpensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification obligations of CONTRACTO~
under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER's Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specificationa; or
2. giving directions or instructions, or failiDg to
give them, if that is the primary cause of the injury or
damage.
00700 - 25
ARTICLE 7 - OTHER WORK
"
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 work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be. given to CON-
TRACTOR prior to starting any such other work; and
1:
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2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract rlDlCS
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.0S.
r. .
B. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility owner
(and OWNER, if OWNER is performing the other work with
OWNER's employees) proper and safe access to the Site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such Other
work and shall properly. coordinate the Work with theirs.
Unless otherwise provided in the Contract;l)pcuments, CON-
TRACTOR shall do all cutting', fitting, and patching .of the
.' Work that may be iequired to properly co~ or otherwise
make its several parts come together and properly integrate
with such other work. CONTRACTOR shall not endanger
any work 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 duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and ~ utility owners and other contractors.
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C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work 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 Work.
CONTRACTOR's failure to so report will conStitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
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7.02 Coordination
A. If OWNER intends to contract with others for the - ~
performance of other work on the Project at the Site, the
following will be set forth in SupplementarY Conditions:
1. the individual or entity who will have authority
and responsibility for coorcIiJuUion of the activities among ~
the various contractors will be id,cntified;
2. the specific matters to be covered by such
o. authority and responsibility will be itemized; and
3. the extent of such authority arid responsibilities
will be provided. . -
B. Unless otherwise provide~ in the Supplementary
Conditions, OWNER shall have sole authority and respon- _
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSmlUTIBS
8.01 Communications to Contractor
A. Bxccpt as otherwise provided in these General Condi-
tions, OWNER' shall issue all communications to -f
CONTRACTOR through ENGINBBR-: ' v .
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8.02 Replacement oj ENGINEER ,... .
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A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes 110 reasonable objection, whose status _
under the Contract Documents shall be that of thO former
ENGINEER.
8.03 Fumish Dola
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall Dll!kC payments to CONTRACTOR
promptly when they Ire due as provided in paragraphs
14.02.C and 14.07 .C. '
8.0S Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands and -
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER's identifying and milking _
available to CONTRACTOR copies of reports of explorations
00700 - 26
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and tests of subsurface conditioDS aDd drawings of physical
conditions in or relating to existing surface or subsurface
structures it or contiguous to the Site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.06 IftSU1'QllCe
A. OWNER's responsibilities, if any, in respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article S. ' <( " -
8.07 C7rDng~ Orden
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representativ~
A. ENGINEER will be OWNER's representative during
the construction period. The duties and respoDSibUities and
the limitations of authority of ENGINEER. as OWNBR.'s
representative durlng 'construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
A. OWNBR. is obligated to eDCUte ChaDge Orders as 9.02 Visits to Site
indil2ted in paragraph 10.03.
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8.08 InspeCtions, Tuts, and ~rovals
A. OWNER's respousibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 -LimItations 011 OWNER's Respon.ribiliti~,
A. The OWNER shall not supervise, direct, or have
control or authority over, DOr be responsible for,
CONTRACTOR's me., methods, techniques, sequences,
~~ ' 1:' . or procedures of construction, or the safety precautions' and
# - programs incid~t thereto, or for any failure - of CON-
- - - TRACTOR to colllPly with Laws and RCgulationi' appliCable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
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8.10 UndisclosM Har.ardoul Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous EnviroDmental Condition is set forth in paragraph
4.06.
8.11 EvidtmC~ of Finaru:ialA"angements
A. If and to the extent - OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof wnt be as set forth in the
Supplementary Conditions.
A. ENGINEER will make visits to the Site at intervals
appropriate to the various stages of construction as
ENGINEER deems DCCeSIary in order to observe as an
experienced and qualif1ed design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
fQr the benefit of OWNER. will determine, in g~; if the
Work is pl'OCCe"ing in accordaDce with the Contract
Documents. ENGINBER will not be required to make
exhaustive or continuous inspections on the Site to check the
_ quality or quantity. of the Work. ENGINEER's efforts will
be directed toward_providing for OWNER a-greater degree
of confidcDce that the coinpleted -Work Will cOnform
generally to the Contract Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINBBR's authority and
responsibility set forth in paragraph 9.10, aDd particularly,
but without limitation, during or as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the perfonnance of the
Work.
9.03 Project Representati'V~
A. If OWNER and ENGINEER agree, ENGINEER wU1
furnish a Resident Project Representative to ~sist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitatioDS
thereon of any such - Resident Project Representative -and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700 - 27
A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the
Work from the requirements of the Contract Documents requirements of the 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 a~tal)i1ity of the Work, the
conC?ept of the completed Project as a functioning whole as quantities and c.lassifications of l,Jnit Price Work,. the
. in4i~t~~b.Y. the .Contract Documents. These maY!;fbei<: .;;";inteipretationof the.requircments of the Contract'Doeuments
~<?~~P~~~.,PY a Field Order and will be binding on~ ".;.pcl"taining to the performance of the Work,. amLCI~ .
OWNER 'and ilso on CONTRACTOR, who shall perform '. seeking clJanges in the Contract Price or Contract Timci will
the Work involved promptly. If OWNER and CONTRAC-. be referred initially to ENGINEER in writing, in accordance
TOR are unable to agree on entitlement to or on the amount with the provisions of paragraph 10.05, with a request for a
or extent, if any, of any adjustment in the Contract Price or formal decision.
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
t. )
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the requn,:-
menta of the Contract Documents as ENGINEER may deter-.
min~ necessary, which shall be collliistent with the intent of
and reasonably inferable 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 extent, if any, of any adjustment in the Contract
Price ,or .CQntract Times, or both, that should be allowed as, .
a result c:if'aWrltten clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
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9.05 Authorized Variations in Work
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9.06
Rejecting Defective Work
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A. ENGINEER will have authority to disapprove or
reject Work which .ENGINEER believes to be defective, or
that EN~INEER believes will not produce a completed
~ject that conforms to the Contract Documents or that will
prejUdice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract
Documents. ENGINEER.will also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings, Chtmge Orders and Paymeilts
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17. .
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B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12. -,.
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C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14. .
9.08 Determinations for Unit Price Work
...
. A. ENGINEER. will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will revieW"'with CON-
. TRACTOR the ENGINEER's pre~ ~s:unna.tiol1& 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
fmal and binding (except as modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject. to .:the
provisions of paragraph 10.05. .
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9.09 Decisions on Requirements of Contract Documents
and Acceptability 01 Work
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B. When functioning as in~rpreter and judge under this
paragraph 9.09, ENGINEER wlll 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 r~dering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of .final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
. such rights or re~es 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 Umitations on ENGINEER's Authority and Respon-
$ibilities
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
00700 - 28
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
, . . other docUmentation required to be delivered by paragraph ,.2. changes in the Contract Price or Contrapt Tunes
: ~", "14.07~~~~~~~ be to d~termine generally ~their cOnt~ ~ ,q..-~. .'\vhich are .greed to by the pBrties; includiJi&''''anY ". .
tI .compl1es:, wltli the reqwrements of, and m the case. of :.:; 'iindisputed sum or amount of time fOr'Work. actUaUy.:.~';
certificates of inspections, tests, and approvals that the results performed in accordance with a Work Change Directive;
, certified indicate compliance with, the Contract Documents. and
\
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or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINlmR 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 individW!l or entity,
or to any surety for or employee or agent of any of them.
f. ,.
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B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's, .
means, methods, techniques, sequences, or~cedures of
, construction, or the safety precautions and programs incident
thereto, or for my failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in accordance
, with the COiltract Documents.
f-
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C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any ot:hcr individual or entity performing any
of the Work.
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E. The limitations upon authority and responsibility set
forth in tl1is paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and ~sistants.
ARTICLE 10 - CHANGES IN nIB WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided). .
.J
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
paragraph 10.OS. '
10.02
Unauthorized ChDnges in the Work
A. CONTRACTOR shall DOt be entitled to an increase '
in the Contract Price or an extension of the Contract Times .
with respect to any work performed that is not re~ by
'the Contract Documents as . ameooed, modified, or
_supplemented as provided in paragrapJ.r3.04, except in the
,. case of an emergency as provided in paiagraph 6.16 or in the
case of uncovering Work as provided in paragraph 13.04.B.
10.03 Execution. of Change Orders
A.. OWNER and CONTRACTOR shall execute
'apPropriate Change Orders recommP.l1rfed by ENGINBER{Or ,".' .
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.01.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work ,under paragraph 13.09, or (iii) agreed'to by the
parties;
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 lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such' notice will be
CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
00700 - 29
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10.05 Claims and Disputes
A. J.Yofi..ce:. _W~~nQtic;e statin..! ~e_gene~ AAtUre of
each' c1aiui, 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 ~ys) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contrac!; within 60 days after the start of such event
(unless ENGmEER allows additional time for claimmt to
submit additioDai or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.B. A Claim for an adjustment
in Contract Time shall'be prepared in accordance with the
provisions of paragraph 12.02.B. Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
oPP9sing party, if, any. ENGINEER's written decision on
such Claim.;dfsPute, or other matter will be fmal and binding
upon O~~ ~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
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party 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
CONIRACTOR), to exercise such rights or remedies as
the appe~ing 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 10.0S.B, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted - (-
in accordance with this paragraph 10.05. -
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
';'-~1 . ~'_
-. .:'A. . Costs Included: The term Cost of the Work means~
the sum of all costs necessarily incurred ~ paid by CON-
TRACTOR.in the proper performance of the Work. .When
the value of any Work covered by a Change Order or when -
a Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, the costs to be reimbursed to '.
CONTRACTOR wlll'be only those additional or incremental ;..;; .
costs required because of the change in the Work or because
of the event giving rise to the Claim. Except as otherwise
may be agreed to in writing by OWNER, such costs shan. be _
in amounts no higher than those prevailing in the locality of
the Project, shall. include only the following items, and shall
not include any of the costs itemized in paragraph 11.01.B.
1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance. of the Work .
. :'lJ1lder schedules of job classifications agreed upon by, ,..(
'OWNER and CONTRACTOR. Such employees shall .;
. ::"incJude..without limitation superintendents, foremen, ~d:ii";:
other personnel employed full time at the Site. Payroll
costs for employees not employed full time on the Work -
shall be apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe .benefits, -
which shall include social security contributions, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, _
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 iricluded in the above to the extent authorized by -
OWNER.
2. Cost of-all materials and equipment furnished _
and incorporated in the Work, including costs: of
transportation and storage thereof, and Suppliers' fieid
. services required in connection therewith. All cash _
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade discounts, -
rebates and refunds and returns from sale of surplus r
materials and equipment shall accrue to OWNER, and ..
CONTRACTOR shall make provisions so that they may -
be obtained.
00700 - 30
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3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the .
sUbcontractor is to be paid on the basis of Cost of the '.
Wotkplus a fee, the Subcontractor's Cost of the Work
and fee shall be'determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in this puagraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attoineys'~ '.aiKt accountants) employed for
services specifically related to the Work.
S. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incuned in dischuge
of duties connected with the Work.
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b. Cost, including transportation and mainte-
nance, of "811 :'materials. Supplies. equipment.
1Wichmelji:;ippiiiili.CeSi"bffice, 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. .
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c. Rentals of all construction equipment and
machinery. and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rent!!l 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. Sales, consumer, use, and other similu
taxes related to the Work. and for which CON-
TRACTOR is liable, imposed by Laws and Regu~
lations.
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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,
00700 - 31
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 in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insUrance
. established in accordance with paragraph.S.06~D),
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of ~em or
for whose acts any of them may be liable. Such
losses. . shall include settlements made with. the
written t:oDsent and approval of OWNER. No s1ich
losses, damages, and expenses shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities. fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
. Sjte, expressage, and similar petty cash items in
connection with the Work.
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i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost-plus, the costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall
not include any of the following items:
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CONTRACTOR's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications
referred to in paragraph 11.01.A.1 or specifically
covered by paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the
CONTRACTOR's fee.
'2. Expenses of CONTRACTOR's principal and.
branch offices other than CONTRACTOR's office at the
Site.
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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 Joe to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly suppliCt\, , and making good any
damage to property.
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S. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.B.
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C. CONI'RACI'OR's Fee: When all the Work is
performed on the basis of cost-plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered ,by a Clia,nge Order or when a
Claim for an adjustment m Contract' Price is determiried on
the basis of Cost of the Work, CQ~~TOR's fee shall be
determined as set forth in paragraph 12.01.C.
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D. Documentation: 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.
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11.02 Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
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2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, and other expenses contemplated for the allow-
-
ances have been included in the Contract Price and not
in the allowances, and no demand for additional paymen: - ~
on account of any of the foregoing will be valid.
B. Prior to final payment, an appropriate Change Order'
will be issued as recommended by ENGINEER to reflecl
actual amounts due CONTRACTOR on account of Work ,
covered by allowances, and the Contract Price shall be-
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all 01
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price-
Work an amount equal to the sum of the unit price for eacb
separately identified item of Uni~ Price Work times the
estimated quantity 'Of each i~m as indicated in the Agree__
ment. The estimated quantities of items of Unit Price Work
are not guaranteed, and are solely for the purpose at
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classificati~ns ot-
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.~. ~
B. Each unit price will be deemed to include an amount
considered by CONTRACTOR to be adequate to cover_ i
CONTRACTOR's (jvethe8.d imd profit for each separately ,
identified item. ,', '.'" "
C. OWNER or CONTRACTOR may make a Claim for-
an adjustment in the Contract Price in accordance with
paragraph 10.0S if:
-
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
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 Contract_
Price as a result of having incurred, ad!1,i:tiooal expense or
OWNER believes that OWNER is entitled to a decrease
in Contract Price and the parties are 'unable to agree as _
to the amount of any such increase or decrease.
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00700 - 32
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ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
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12.01 Cumge of Contract Price
A. 1be Contract Price may only be changed by a
Change Order or by a .Written Amendm~. Any Claim for
an adjustment in the COntract Price shall be based on written
notice submiucd by" die party making the Claim to the
ENGINEER and the other party to the Contract in accor-
dance with the provisions of paragraph 10.0S.
B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will
be determined as follows: .' ". ,.
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1. where the Work involved is covered by unit
prices contained in the CoDfraCt Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03 );
or
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2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a
mutually agreed lump sum (wh.i~, may include an
allowance for overhead and' profit: .not. necessarily in
accordance with paragraph 12~01.C,.2); or .'
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3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.B.2, on the basis of the, Cost of the Work
(determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.0l.C).
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C. CONTRACI'OR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
1. a mutually acceptabl~ fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under paragraphs
11.01.A.l and 11.01.A.2, the CONTRACTOR's
fee shall be IS percent;
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b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall be five
percent;
c. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of paragraph
12.01.C.2.a is that the Subcontractor who actually
performs the Work, at whatever tier. will be paid
a fee of IS percent of the costs incurred by such
Subcontractor under paragraphs 11.01.A.l and
11.01.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee of five
percent of the amount paid to the next lower tier
Subco~~tor;
d. no fee shall be payable on the basis of coats
itemized under paragraphs 11.01.A.4, 11.01.A.S,
and 11.01.B;
e. ,the amount of credit to be allowed by
CONTRACTOR to OWNER,for any change which
results in a net decrease in cost will be the amOUDt
of the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits are in-
volved in any one change. the adjustmeri.t in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.C.2.e. inclu-
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12.02
Oumge of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by the
party making the claim to the ENGINEER and the 'other
party to the Contract in accordance with the provisions of
paragraph 10.0S.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjusbnent in the Contract Times (or Milestones) will be
determined in accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONrRA.CI'OR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract 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 limited to, acts or neglect by
OWNER, acts or neglect of utility owners or other
contractors performing other work as contemplated by
00700 . 33
Article 7, flres, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRAcrOR's Control
... ..~
A. The Contract Times (or Mi\estones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR~ .
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12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. Where CONTRACTOR is prevented from complet-
" ing any part of the Work within the Contract Times (or
, Milestones) due to delay beyond the control of both OWNER
f -; ",", ,:'. iilii:t CONTRACTOR, an extension of the COntract 'tmieS (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damages
I
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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
, , ";-~ ',~mployee or agent of any of them, for ~amages arisirlg ~ut 'Of
.or resulting from: ' , " " . , '"
1. delays caused by or within the control of CON-
TRACTOR; or
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2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to f1l'es,
floods, epidemics, abnormal weather conditio~, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph '12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice olDefects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rejected, -,<lite,,'
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 interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access.antl advise them of
CONTRACTOR's Site safety procedures ,and programs so
that they may comply the~ith as applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely -
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests. _
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 Documents -
except:
.1. for inspectioIis, tests, or !lPprovall~ covered by .J:
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paragraphs 13.03.C and 13.03.0 below;'
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.B -
shall be paid as provided in said paragraph 13.04.B; and
3. as otherwise specifically provided in .the Con- -
tract Documents.
C. If Laws or Regulations of any public body having _
jurisdiction require any Work (or part thereof) specif1cally to
be inspected, tested, or approved by an employee or other
representative of such public body, CONTRACTOR shall
assume full responsibility for arranging and obtaining such -
inspections, tests, or approvals, pay all costs in connection
therewith, and furnish ENGINEER the required certiflcates
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'. 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 organizations acceptable to OWNER and -
ENGINEER.
00700 - 34
. B. If ENGINBBR considers it necessary or advisable
that covered Work be observed by ENGINBBR or inspected 13.07 Correction Period
or tested by others, CONTRACTOR. at ENGINEER's
request. sball uncover, expose. or otherwise make available A. If within one year after the date of Substantial
for observation, inspection. or testing as ENGINEER may Completion or such longer period of time as. may be
require. that portion of the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any
necessary labor. material, and equipment. If it is found that applicable special guarantee required by the Contract
.. 'such Work is defective, CONTRACTOR shall pay..all.:. Documents or by any specific provision of; the: Contract
, ....)'" "CWms" costs, losses, and damages (including but not Ihnited ' Documents, any Work is foUnd ~ be defective; or if the
, .. to all fees and charg~ of engineers, architects. attorneys"and' "repair of any damages to the land or areas ~made available,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 contemplated in paragraph 6.11.A is found to
uncovering, exposure, observation. inspection, and testing, be defective, CONTRACTOR shall promptly. without cost
and of satisfactory replacement or reconstruction (including to OWNER and in accordance with OWNER's written
but not limited to all costs of repair or' replacement of work instructions: (i) repair such defective land or areas. or (d)
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 rejccted 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 (ill) sat1sfac-
therefor as provided in paragraph 10.05. If, however. such torily 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 land or areas
allowed an inCrease in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly
the Contract Times (or Milestones). or both, directly attribut- 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 reconstruction. If the parties are damage, OWNER may have the defective Work corrected or
unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and
CONTRACTOR may make a Claim therefor as provided in replaced, and all Claims, costs. losses, and damages
paragraph 10.05. (including but not limited to all fees and charges of
engineers. architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
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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 BNGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENG~ timely notice of
. CONTRACTOR's intention to cover the same and ENGI-
NEER bas not acted with reasonable piomptness in respPI1Se
. ,"to such notice. .
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must. if requested by ENGINEER.
bCui1cQvered for ENGINEER's observation and replaced at.....
CONTRACTOR.'s expense.
13.05
OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work. or any portion thereof, until the cause for such order
has been eliminated; however. this right of OWNER to stop
the Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR. any Subcontractor. any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Co"ecdon or Removal of Defective Work
A. CONTRACTOR shall correct all.defective Work.
whether or DOt fabricated, ~ta.11ed. or compl~tcd. 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 fees and charges of
engineers, architects, attorneys, and other professionats and
all court or arbitration or 9ther dispute resolution costs)
'arising' out of or relating to such correction 'or removal'
(including but not limited to all costs of repair or replacement
of work of others).
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
00700 - 35
C. All Claims, costs, losses, and damages (including
13.08 Acceptanc~ of Defective Work but not limited to aU fees and. charges of engineers,
,. . architects~ attorneys, and other professionals and all court or -.
A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or
replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies
ENGINEER's recommendation of final payment, under this paragraph 13.09 will be charged against CON- _
ENGINEER) prefers to accept it, OWNER may do so. TRACTOR, and a Change Order will be issued incorporating
CONTRACTOR shall pay all Claims, costs, losses, and the necessary revisions in the Contract Documents with
damages (including 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) unable to agree as to the amount of the adjustment, OWNER
attributable to OWNER's evaluation of and determination to may make a Claim therefor as provided in paragraph 10.0S. ,
. m:.cept s~chdefective Work (such costs to be approved'.by .Such claims, costs, losses and damages will include but.not ~
. ENGINEER as to reasonableness) and the diminished value:~: be limited-to all costs of repair, or replaCement of work"6f ."
.,;p{; the,::..wwk' to the extent not otherwise pai~LjlJy,:"'.,,;othen. destroyed or damaged by correction-;.iemovaJ., :or.;
CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR's defective Work.
acceptance occurs prior to ENGINEER's recommendation 'of
final payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work~ and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted. If the parties are
WUlble to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.0S. If the
acCeptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
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C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, ~e correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
'~.'. D. CONTRACTOR's obligations under this paragraph..
.13.07 are in addition to any other obligation or warranty. -
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
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13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written notice: .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 fails to
comply with any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CON:TRACTOR, correct and remedy any such deficiency.
. B. In exercising the rights and remedies under this
paragraph, OWNER' shall proceed expeditiously. In
connection with such corrective and remedial action, _
OWNER may exclude CONTRACTOR from all or part of (
the Site, take possession of all or part of the Work and '-.
suspend CONTRACTOR's services related thereto; take
possession of CONTRACTOR's tools, appliances, con--
struction equipment and machinery at the Site, and inCOIpO-
rate in the Work all materials and equipment stored at the .
Site or for which OWNER has paid CONTRACTOR but ....
which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees,
OWNER's other contractors, and ENGmEER and_
ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
-
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any delay
inthe~mtheW~~~~tothe~c~by-
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
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. Progress payments
on account of Unit Price Work will be based on the number
of units completed. _
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00700 - 36
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14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
for review an Application for Payment' filled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and,
accdmpanied by such supporting. documentation as is
required by the Contract Documents. If payment is
requested on the basis of materialS and equipment not
incorporated in the Work but delivered and suitably
stored at the Site or at another location agreed to in
writing; 'the' Application for Payment shall also be
accompaJiieii' by a bill of sale, invoice, or other docu- .
mentation warranting 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 insurance or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a. final determination of
quantities and classificatiOD$:for Unit Price Work
under paragraph 9.08, and to anyotb.er
qualifications stated in the recommendation); and
c. the conditions precedent. to
CONTRACTOR's being entitled to such payment
'appear to have been fulfilled in so far as it is
. . ,""'ENGINEER's responsibility to observe the Work. ' '. '..
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
. exhaustive, extended to every aspect of the Work in
progrcss, or involved detailed inspections of the Work
2. BcgiDning with the second Application for beyond the responsibilities specifically assigned to
Payment, each Application shall include an affidavit of ENGINEER in the Contract Documents; pr (ii) that
CONTRACTOR stating that all previous progress . .:'" . there .may not be other matters or issues. between' the' .
payiheD.f$ relceived on accQUQt of the Work have been "'parties that might entitle CONTRACTOR to be paid'
applied'" olt"a~unt to mschargeCONTRACTOR 's ,;, 1.,.i'r:>:additiOtially by OWNER or entitle OWNER to'withhold""":;\ ;~\.
legitimate obligations associated with prior Applications payment to CONTRACTOR.
for Payment.
3. The amount of retainagc. 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, CONTRAGTOR may make the necessary
corrections and resubmit the Application. "
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER; based on
ENGINEER's observations on the Site of the executed
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, information and
belief:
00700 - 37
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, will' impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for CON-
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
5. ENGINEER may refuse to recommend the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make the representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may.also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
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b. the Contract Price has been reduced by
Written .Amendment or Change Orders;
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c. . OWNER has been required to correct
defectiVe Work or complete Work in accordance
with paragraph 13.09; or
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d. ENGINEER has actual knowledge of the
occurrence of any of the eventS enumerated in para-
graph IS.02.A. '
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C. Payment Becomes Due
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I. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's recom-
mendation, the m;nount recommended will (subject to the
provisions of paragraph 14.02.D) become due, and when
due will be paid by OWNER to CONTRACTOR.
D.. ,Reductio" in "Payment
. 1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
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a. claims bave been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work; .
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b. Uens have been filed in connection with the
Work, except where CONTRACTOR has delivered
a specifIC Bond satisfactory to OWNER to secure
the satisfaction and discharge of such Liens;
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c. there are other items entitling OWNER to
a set-off against the amount recommended; or
,d. OWNER has actual knowledge of the occur-
'i'ence of any of the events enumerated in paragraphs .'
14.Q2.B.S.a through 14.02.B.S.c or paragraph
IS.02.A.
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2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
. remaining after deduction of the amount so withheld.
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agreed to - t-
by OWNER and CONTRACTOR, when CONTRAC- L'
TOR corrects to OWNER's satisfaction the reasons for "
such action.
3. If it is subsequently detennined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shaU be treated as an amount due as -
determined by paragraph 14.02.C.I.
14.03 ~ONTRAcroR's Warranty of'lltle
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any _
Application for Payment, whether incorporated in the Project
or not, will pass to OWNER no later than. the time of
pa~ent free a,n~ ~lear of all Liens. .
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14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work -
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by _
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGIlIJEER i
.shall make aniliSpection of the Wor:k to determine the status '.'-,*.
'of completion. If ENGINEER does not conSider the Work ,
substantially":', "'complete, ENGINEER will . notify' ,-: ."
CONTRACTOR in writing giving the reasons therefor. If _
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fIX the date
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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 dwdng which to
make written objection to ENGINEER as to any provisions
of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work 1s not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
amsiders 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 tentati~ certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommc;ndation as to division of responsibili-
00700 - 38
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ties pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing
the definitive certificate of Substantial Completion,
BNGINEBR's aforesaid recommendation will be binding on
OWNBllInd CONTRACTOR until final payment.
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B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER sba11 allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
to , 14.0S Partial Utilizati01l
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A. Use by OWNER at OWNER's option of any
substantially completed part of the Wort which has
specifically been identified in the Contract Documents, or
which OWNER, ENGINEER, and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
without .significant interference with CONTRACTOR's
perfo~ of the remainder of the Work, may be
accomplished pn.or tp, Su~~~tial9~P1Pletion of all the Wort
subject to the following con~tioriS.
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1. OWNER at any time may request CON-
TRACTOR in 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 Wort is
substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Wort is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR .at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Wort
ready for its intended use and substantially complete and
request ENGINBER to issue a certificate of Substantial
Completion for that part of the Wort. Within a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEBR shall mate an
inspection of that part of the Work to determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility
in respect thereof and access thereto.
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00700 - 39
2. No occupancy or separate operation of PU1 of
the Work may occur prior to compliance with the
requirements of paragraph S.IO regarding property
insurance.
14.06 Finallnsp,ctio1l
". A. Upon written notice from CONTRACTOR that the
. ~ Work or an agreed portion thereof is complete,
EN9INEER will . promptly mate a final inspection WltIl
OWNER and.. 'CONTRACTOR and will notify CON-
TRACTOR. in writing of all particulan in which this
inspection reveals that the Wort is incomplete or defective.
CONTRACTOR shall immediately take such JIieasures as arc
neces~ to complete such Work or remedy such
deficiencies .
14.07 Fin/zl Payme1lt
A. Applicatio1l for Payme1lt
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the fmal inspection and has delivered,
in accordance with the Contract Documents, all main-
tenance and operating instructions, schedules, guaran-
tees, BondS;;'certifica'tes or other evidence of insurance
.certificates of inSPection, marked-up record documents
(as providedm paragraph. 6.12), and other documents, .
CONTRACTOR may mate application for final
payment following the procedure for progress payments.
2. . The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (ii) consent of the
surety, if any, to final payment; and (Ui) 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.
3~ In lieu of the releases or waivers of liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR may furnish receipts or
releases in full and an affidavit of CONTRACTOR that:
(i) the releases and receipts include all labor , services,
material, and equipment for which a Lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier faUs to furnish such a release
or receipt in full, ~ONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
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B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and fmal inspection, and
ENGINEER's review of the fmal Application for
Payment and accompanying documentation as required
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have
been fulfilled, ENGINEER will, within ten days after
receipt of the final Appli6~iion 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 accompanyingdocu-
mentation, the amount recommended by ENGINEER
. . . . '. :! ,;~" .... " ~I ,-
will become due " and, wlieifdue; will be pllid by OWN-
ER to CONTRACTOR..", ~,. .'
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14.08 Final Completion Delayed
'. .
A. If, through no fault of CONTRACTOR, fmal
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's fmal 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
baImce to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement,' and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submi~;by CON-
TRACTOR to ENGINEER with the Application for such
payment. ,Such payment shall be made under the terms and
conditions goVerning fmal payment, except that it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
j
. A. The making and acceptance of fmal payment will
constitute:
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettle<l- t!
Liens, from defective Work appearing after fmal. "
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Documents or the terms of any-
special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the
. Contract Documents; and
2. a waiv~r, of all Claims by CONTRACTOR
against OWNER ,other than those previously made in
writing which a~i still unsettled. -
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
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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 not-
more than 90 consecutive days by notice in writing to CON-
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed. 'CONTRACTOR shall resume the-
Work on the date so fixed., 'CONTRACTOR shall be allowed
an adjustment in the ContraCt Price or an extension of the
_, Contract Times, or~~~"f;U~tly attributable to any sueh.-C
suspension "if CON'J'R.IAOTOR make!! a Claiin therefor as .
provided in paragrap~"1.0,,q~..: '..,
15.02 OWNER May ' Terminate/or Cause
A. The occurrence of any one or more of the following
events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient-
skilled workers or suitable materials or equipment or
failure. to adhere to the progress schedule established
under paragraph 2.07 as adjusted from ~me to time-
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws or_
Regulations of any public body ~y'ing 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 Documents.
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B. If one or more of the events identified in paragraph ~
15.02.A occur, OWNER may, after giving CONTRACTOR_
(and the surety, if any) seven days written notice, terminate
00700 - 40
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the services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment,
and machincIy at the Site, and use the same to the. full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the Site or for
which OWNER.bQ paid CONTRACTOR but which arc
stored elsewhere, and finish the Work as OWNER may deem
expedient. In 's~.~:Case, CONTRACTOR shall not'be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the cOntract Price exceeds
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) sustained 'by OWNER
arising out of or relating to completing the Work. "such exCess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and,
when so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest
price for the Work performed.
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C. Where CONTRACTOR's "seM'ces have been so
terminated by OWNER, the termmadon;wilf'not affect any
rights or remedies of OWNER against CqNTRACTOR then
existing or which may thereafter accrue; Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
!tV .
15.03 OWNER May Terminote For Cbnvenience
A. Upon seven days written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
engineers, architects, attorneys, and other professionals
and all coun or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attributable to
termination.
. . .
B. CONTRACTOR shall not be paid on account of loss
of anticipate4- profits or revenue.. or other economic loss
arising out 'of or resulting from such termination.
. ""
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15.04 CONTRAqoR May Stop Work or Terminat~
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more thai1 90 consecutive days by
OWNER or UIIder an order of court or-cjtber public authority,
or ENGINEER fails to act on any Application for Payment
within 30 days after it is submitted, or OWNER. fails for 30
days to pay CONTRACTOR any sum finally determined to
be due, then CONTRACTOR may, upon seven days written
notice to OWNER and ENGINEER, and provided OWNER
or ENGINEER do not remedy such suspension or failure
within that time, terminate the Contract and recover from
OWNER payment on the same terms as provided in
paragraph 15.03. In lieu of terminating the Contract and
without prejudice to any o1:hp~; .rgpt f.!I remedy, if ENGI-
NESR has failed to act on an APPlication for Payment within
30 days after it is subDiitted;i'bt"O'WNER has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment
is made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from m3king a
Claim under paragraph 10.05 for an adjustment in Contract
Price or Contract Times or otherwise for expenses or d8mage
directly attributable to CONTRACTOR's stopping the Work
as permitted by this paragraph. .
ARTICLE 16 - DISPUTE RESOLUTION
I. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and 16.01 Methods and Procedures
reasonable sums for overhead and profit on such Work;
J.
2. for expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.0S, OWNER and
CONTRACTOR may exercise such rights or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700 - 41
ARTICLE 17 - MISCELLANEOUS
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17.01 Giving Notice
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A. Whenever any provision of the Contract Documents
requires the giving of written notice, 'it wUl be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the, notice.
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17.02 Computation of7imes
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A. When any period of time is referred to in the
contraCt Documents by days, it will be computed to exclude
the first and include the last day of such pcriQd~ If the last,
day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.03' , CumulaJive Remedies
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A. 1'he 4uties,~ obligations imposed by these General
Conditions and the'ri'ghts and remedies availab,le hereunder
to the parties hereto are in addition to, and are not to be
cons~ed in any way as a limitation of,. any rights and
remedies available to any or all of them which are otherwise'
,,~posed or avaiJ,able by La~s o~ Re~l~t~oD$, )by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
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17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given 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 Wort or
termination or completion of the Agreement.
17.05 ControUing lAw
A. This Contract is to be governed by the law of the
state in which the Project is located.
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00700 - 42
SUPPLEMENTARY CONDITIONS OF THE AGREEMENT
CLP Project No.2002-5201
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 SC-4, Sequence of Work, unless otherwise stipulated to proceed. Calendar
days shall be computed beginning and inclusive of the first day of the Notice to
Proceed. CONTRACTORS shall notify OWNER in writing 48 hours prior to start of
construction. The time of completion shall include delivery time of all equipment and
materials required to complete the work in conformance with the Drawings and
Specifications.
SC-6 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the
parties hereto that time is of the essence of this Contract, and that for each calendar
day of delay beyond the completion date (after due allowance for such extension of time
as provided herein) the CONTRACTOR shall pay the OWNER as liquidated damages
the sum of one hundred dollars ($100.00), it being understood between the parties
hereto that such sum shall be treated not as a penalty, but as liquidated damages for
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 ContracLThis
guarantee must be furnished to the OWNER for approval, prior to acceptance and final
payment. Neither the final certificate nor payment nor any provision in the Contract
Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty
materials or workmanship during the period covered by the guarantee.
SC-8 MATERIALS AND WORKMANSHIP: No material which has been used by the
CONTRACTOR for any temporary purpose whatever is to be incorporated in the
permanent structure without written consent by the OWNER.
SC-9 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at
a location satisfactory to the OWNER, for use by the employees of the
CONTRACTORS. They shall be well ventilated, but provide proper concealment, and
shall be kept scrupulously clean at all times by the CONTRACTOR. The facilities shall
be removed and the site restored to its original condition upon the completion of the
work. All such facilities shall conform to the requirements of the state and local health
authorities, ordinance and law.
SC-10 INCONVENIENCES TO THE PUBLIC: It is the declared and acknowledged
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 ins'pector, 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 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 the assistance of workmen under his immediate supervision, work
not less than fifty percent (50%) of the value of all work embraced in the Contract
exclusive of items not commonly found in contracts for similar work or which requires
highly specialized knowledge, craftsmanship and/or equipment not ordinarily available
in the organizations of the contractor's performing work of the character embraced in the
Contract. No portion of the work covered by these specifications and materials, shall be
sublet without written permission from the OWNER. If the CONTRACTOR sublets any
part of the work to be done under this Contract, he will not under any circumstances be
relieved of his responsibility and obligations. All transactions of the OWNER will be with
the CONTRACTOR. Subcontractors will be considered only in the capacity of
employees and/or workers and shall be subject to the same requirements as to
character, competency, wages and hours. The OWNER will not recognize any
subcontractor on the work. The CONTRACTOR shall at all times, when the work is in
operation, be represented either in person or by a qualified superintendent or other
designated representative. A complete list of subcontractors must be submitted within
ten (10) days after start-up.
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 (Le., 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:
General Liability:
Commercial General Liability
General Aggregate
Personal Injury
Each Occurrence
$1,000,000.00
$1,000,000.00
$1,000,000.00
Automobile Liability:
Combined Single Limit
$1,000,000.00
Excess Liability:
Umbrella
Each Occurrence
Each Aggregate
$1,000,000.00
$1,000,000.00
Worker's Compensation:
A. Definitions:
Certificate of coverage ("certificate'). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage agreement
(lWCC-81, lWCC-82, lWCC-83 or lWCC-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 part of the services the contractor has undertaken to perform on the
project, 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 employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing,
hauling, or delivering equipment or materials, or providing labor, transportation,
or other services related to the project. "Services". does not include activities unrelated
to the project, such as foodlbeverage 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
(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.
1. 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 of the CONTRACTOR who will provide services on the Project will be
covered by workers' compensation coverage for the duration of the Project, that the
coverage will be based on proper reporting of classification codes and payroll amounts,
and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-insured, with the Commission's Division of Self-Insurance
Regulations. Providing false or misleading information may subject the CONTRACTOR
to administrative penalties, criminal penalties, or other civil action.
K. The CONTRACTOR'S failure to comply with any of these provisions is a
breach of contract by the CONTRACTOR which entitles the OWNER to declare the
Contract void if the CONTRACTOR does not remedy the breach within ten (10) days
after receipt of notice of breach from the City.
The CONTRACTOR shall be responsible for insurance to cover equipment, tools,
materials, supplies, etc. used in the performance of work, owned or rented, the capital
value of which is not included in the cost of this Contract.
Insurance policies are to be written by companies authorized to do business under the
laws of the State of Texas and on forms approved by the Insurance Commission of the
State of Texas. The CONTRACTOR shall provide the OWNER a copy of all insurance
policies.
All of the insurance required to be carried by the CONTRACTOR shall be by policies
which shall require on their face, or by endorsement, ten (10) days written notice to the
OWNER before they may be cancelled and. within which ten day period the
CONTRACTOR covenants that it will provide other suitable policies in lieu of those
about to be cancelled so as to maintain in effect the coverage required under the
provisions hereof. Failure or refusal of the CONTRACTOR to obtain and keep in force
the above required insurance coverage shall authorize the OWNER, at its option, to
terminate this contract at once.
The CONTRACTOR shall indemnify and save harmless the OWNER, its officers,
employees, and agents from all claims and liability due to the activities of itself, its
agents, or employees performed under this contract and which result from an error,
omission, or negligent act of the CONTRACTOR or of any person employed by the
CONTRACTOR. The CONTRACTOR shall indemnify and save harmless the OWNER
from any and all expenses, including attorney fees, which might be incurred by the
OWNER in litigation or otherwise resisting said claims or liabilities which might be
imposed on the OWNER as a result of such activities by the CONTRACTOR, his
agents, or employees. .
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
e. The person executing the Payment and Performance Bonds must be authorized
by the surety company to execute performance and payment bonds on behalf of the
company in the amount required for the Contract and such authorization must be
recorded in the files of the State Board of Insurance.
f. Failure to meet the criteria for acceptability of surety company issuing Payment
and Performance Bonds will result in the disqualification of the bid.
g. The Payment and Performance Bonds shall remain in effect at least one year
beyond final acceptance of work under the Contract by the Owner.
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 these
supplementary conditions shall be paid for labor which is employed by the
CONTRACTOR and his subcontractors for execution of this contract. The
CONTRACTOR and his subcontractors shall keep accurate records of the names, wage
classifications, and hourly wages paid to each worker employed on this project. These
records shall be open to inspection by the OWNER.
SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer
will be the final interpreter of the requirements of the contract documents and sole judge
of the acceptability of work thereunder.
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 startof 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 Arbitration Association currently
in effect. Request for mediation shall be filed in writing with the other party to the
Contract and with the American Arbitration Association.
The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
Arbitration:
Any Claim arising out of or related to the Contract shall, after initial decision by
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 arbitration arising out of or relating to
the Contract shall include, by consolidation or joinder or in any other manner, the
ENGINEER, the ENGINEER'S employees or consultants, except by written consent
containing specific reference to the Agreement and signed by the ENGINEER, OWNER,
CONTRACTOR or any other person or entity sought to be joined. No arbitration shall
include, by consolidation or joinder or any other manner, parties other than the
OWNER, CONTRACTOR, and other persons substantially involved in a common
question of fact or law whose presence is required if complete relief is to be accorded in
arbitration. No person or entity other than the OWNER, CONTRACTOR shall be
included as an original third party or additional third party to an arbitration whose
interest or responsibility is insubstantial. Consent to arbitration involving an additional
person or entity shall not constitute consent to arbitration of a Claim not described
therein or with a person or entity not described therein. The foregoing agreement to
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
arbitration must assert in the demand all Claims then known to that party on which
arbitration is permitted to be demanded.
Judgment on Final Award. The award rendered by the arbitrator or arbitrators
shall be final, and judgment may be entered upon it in accordance with applicable law in
any court having jurisdiction thereof.
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PREVAILING WAGE RATE DEi'EBMINAT10N
BUILDING CONSTRUCTION TRADES
COUNTY NAME: HARRIS
Date Printed: April 15, 19S7
CLASSIFICATION . Rate Health Pension Vacation . Total Wage
ASBESTOS WORKER $9.00 $0.00 $0.00 $0.00 $9.00
CARPENTER $1623 $2.15 S1.17 SO.OO $19~6
CARPET1.A YERlFLOORING INSTALlER S8.00 $0.00 SO.OO $0.00 S8.00
CONCRETE FINISHER $10.00 $0.05 $0.25 $0.04 $1 Q.34
DATA COMMUNlCATIONITELECOM INSTALLER $11.99 $0.18 $0.00 $0.06 $12.23
DRYWALL INSTAUERlCE1L1NG INSTALLER $11.00 $0.00 $0.00 $0.00 $11.00
ELECTRICIAN $13.27 $0.79 $0.27 $0.41 $14.75
ELEVATOR MECHANIC $18.02 $3.85 $2.19 $1.50 $25.56
FIRE PROOFING INSTALLER $11.00 $0.00 $0.00 $0.00 $1 1.00
GI..AZJER $12.53 $0.79 $0.00 $0.72 S14.04
HEAVY EQUIPMENT OPERATOR $13.48 $0.14 . $0.16 $0.02 $13.79
!NSULA TOR $15.78 $3.06 $1.64 $1.00 $21.48
IRON WORKER . $13.37 $0.00 $0.00 $0.00 $13.37
LABORERlHELPER . $8.12 $0.32 $0.07 $0.06 sa.5a
LATHEWPLASTERER $15.10 $2.12 $1.00 $0.00 $1 8.2.2
.LIGHT (EQUIPMENT OPERATOR' $11.46 $0.30 $0.35 $0.02 $12.13
MASON . $14.55 $0.48 $0.24 $0.00 $15.2.7
METAL BUILDING ASSeMBLER $10.00 $0.00 $0.00 $0.00 $1 0.00
MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54
PA1NTEAlWALL COVERING INSTALLER $11.63 $0.87 $0.43 $0.16 $13.10
PIPEFITTER $1 a~38 $3.25 $2.06 $0.00 $23.69
PLUMBER , $19.33 $2.40 $1.45 $0.54 S23.n
ROOFER $1 0.00 $0.00 $0.00 $0.00 $'0.00
SHEET METAL WORKER $14.56 . $1.19 $0.62 $0.1"4 $16.52
SPRINKl..ER FITiER $18.25 $3.40 $2.24 $0.00 $23.89
TERRAZZO WORKER $0.00 . $0.00 SO.OO $0.00 SO.OO
TILE StTrER $10.00 $Q.OO $0.00 $0.00 $10.00
WATER PROO FERlCAUUKER $11.52 $0.00 $0.00 SO.OO $11.52
..
SO.OO In the rate field Indicates Insufficient data was received to determine a prevanTng wage rate for
this classification. Government Code Title 10, Section 2258.023, paragraph C states: · A contractor
or subcontractor does not violate this section if a pubJrc body awarding a contract does not determine
ttte prevailing wage rates and specify the rates In the contract as provided in Section 2258.022. ~
Pl'l:lperty or General SeMe.. Commillalon
eased on 1996 Survey Results
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Gener;aI Services Commission
1711 San lacinlo ~ P.O. Do.x 13047
Au~tin. TC%2.S 78711-3047. \.
Web Site: www.gsc.!we.tlC..us
(512) 463-3035
.pertinent Information to All PublIc Entitles UsIng Prevailing Wage Rate Determinations
.' Produced by the General ServIces CommissIon
1. The contracting entIty awarding any contract for non-federally funded, public works" construction projeCts
(regardless of size or dollar value) shall incfude in bid specification documents and contract documents a
prevai6ng wage rate detenninafion of per diem wages for the locality in which the work is to be performed'
. for each craft or type of workman or mechanIc needed to execute the contract. The Prevamng Wage Rat~
Oetennination is defined as (1) the PrevalUng Wage Rate DetennlnaUon Information sheet (document
.. numbor WR1001). (2) the Prevailing Wage Rate Determination for Building Construction Trades, and (3)
the Department of Labor (DOL) Heavy Highway Determination. The DOL Heavy HIghway rates are to be
p~d to workers engaged In sUe work determined to be fIVe (5) feet beyond the building, extending to the
property boundary. .
,
2. It shafl be the responslblllty of the contracting entlty to ensure that the General Contract~r posts the
applicable Prevalling W~geRatlJ Detennlnation In a prominent, ~ ac:eesslb/e place al'the work site.
3. It shall be the responsibility or the contractfng entity to ensure that no1lessthan the posted, specified rates
are paid to al( 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 an
workers fit Inlo one of the listed worker classifications for work ot a sJmllar character. For example, .
welders are to be paId the rale of pay (or the trade they are working for.
4. It shall be the responsibj(ity of the contracting entity to take cognizance of wage rate disputes and/or
compl~Unts of a/l violations of the provisions of Chapter.2258 Texas Government Code litle 10.
5. It shall be the responsTbillry of the contracting entity to address the Issue of fringe benefits in the LJid
specification documents and contract documents. The Prevalfing Wage Rate Oetennlnatlons produced by
the .General Servfces Commission incllJde fringe benefits In the total wages. The bId specfficatfon .
documents and contract documents need to specify whether the contracting entity Is requiring that fringE!
benefits be paid. ..'
6. It shaU be the responsfbmty of the contracting entity to' address the Issue of the use of apprer:'tices ~d
their payment rate In the bid specification documents and contract documents. The rates spec1fied'ln the
PrevaJling Wage Rate OetennJnatlon prodlJced by the General ServIces Commission are Joumeyman
rates. Historically, the apprentice rate is commensurate with the experience and skin of the workor. For
example, on GSC projects, apprBnUces are paid at a rate of not more than 60% of the Joumeyman1s wage.
Also on GSC projects, at no time shall a journeyman. supervise mo~e than one (1) apprentice..
Note: The teems joumoyman and apprentlce apply to b.oth union .and independent workersl and are not
intended to imply that these pOSitIons are union workel'$ only.
7. Some Prevamng Wage Rate Detal1Tllnallons for BuDding Cons[ruct!on Trades may indicate $0.00 l~ the
"Total Wage" column, rather than a dol(ar amount. In such cases. The General Services CommISSion did
not receive sufficient survey data to tabulate a prevailing wage for this wcirkel' classification, In the
specified area, and can not provide a prevailIng wage rate for this: classification. Where this occurs, .
General Contractors and Subcontractors t:hall not be bound 10 a prevailing wage rate (or the clss:llfIcation
in question. .
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General Services Commission
nIt San Jacinto - P.O. ao~ 1~041
Austin.. Teus 78711-3047
Web Site: WWW.1SUlalc.tx.us
('12) 463-3035
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Prevailing Wage Rate Determination Information
'The following Information from Chapter 2258 Texas Government Code Title 10 should be included in your bid
specifrcaUon documents and contract documents:
225a~021. Duty ot Governmental entity to Pay Prevailing Wage Rates
(a) The state or any poflU~ subciNision of the state shall pay a worker employed by It or on behalf of It
(1) not less than the genGraJ prevaffing rate or per dIem wages tor work of a slmflar character In the
locality in which the work Is performed; and. .
(2) n~t less than the general prevaUlng l'ate of per diem wages for legal holiday and ovortfme work.
(b) Subsection (a) does not apply to maintenance work.
(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
subdMslon of the state, or any officer. or public bOdy of the state or a political subdivision of the state.
2258.023. Prevailing Wage Rates to be PaId by Contractor and Subcontractor, Penalty
(a) The contractor wno is awai-ded a contract by a public body or a subcontractor of the contractor. shalf
pa)' not less than the rates determined under Section 2258.022 to a worker employed by it 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
or part of the .day that the wor1<er Is paId less than the wage rates stipulated in the contract. A public
body awarcf(ng a contract shall specify 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 (se9 Attorney General Opinion DM-469).
ee) A contractor or subcontractor does not violate this section if a public' body awarding a contract does not
determIne the prevaffing wage rates and specify the rates In the contract as provfd~d by S"ection
2258.022.
(d) The public body shall use any money collected under thfs secUon to offset the costs incurred in the
administration of thIs chapter. " .... '
(e) A munlcipalfty [s entitled to collect a penalty under this section only if the municipality has a population
of more than 1 Q,OOO.
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- 2258.051. Duty of PubUo ~ody to Hear Complaints and WIthhold Payment
(a) A public body awarding a contract, and an agent or officer of the public body, shall:
(1) take cognIzance of complaints of aU violations of this c:::hapter. committed in tho execution of the
contract; and .. .
(2.) withhold money forfeIted or required to be withheld under this enapter from the payments to the
contractor under the contract, exceptthat the public body may not wfthhold money from other
than the tInal payment without determination by the publici body that there Is good causa to
bolleve that the contractor has violated this chapter.
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IAsbestos Wacker Wori<er who removes alid disPoses of asbestos mat"~rials. 1
. <::arpenter Wori<er who ~uilds wood structures, or structureS of any material Which has
replacr.d wood. Includes rough and. rlOish carpentry, hatdW3.n! and trim.
Carpel LaycrlFtooring Installer Worker who fns~lIs carpet andlor ftcior coverings. vinyf til..
Concrete F"cnisher Won.:er who floats, trowels, and finishes c:onerate. -
Data CommunJcatlonITelecom Instalter Wor1cor who installs dalallelephone and telovision cable and assedated
equipment and acceSSQries.
OrywalllnstaJler/Ceiling Installer Worker who InstaBs metal (ramed waJIs and ceirlngs, drywall coverings, ceiling
grids and ceRings. . " ~
8ectrician " . SkltIed cra.ftsman who Installs or repairs electrical wiring and devices. Includes
rife alasm systems, and HV AC electrical controls.
8evator Mechanic Craftsman skRted In the lnstallalion and maintenance of elevators.
FIre proorll'1g Installer Worksr who sprayS or appRe$ fire p<<>oling materiab.
Glazier Worker who Installs glass,glazing and glass framing.
Hea.vy Equipment Operator Include:: but not limited to afl Cat tractor;. alf deafek-powerecf. ell pQW\!r operated
cranes, back hoe, back. filler, power operated shovel, wfncta truck. all trenching
. machines.
Insulator Wacker who applies, sprays, or installs insulation.
Iron Worker Skffted craftsman who erects structural steet (ramlng and installs structural
concrete Rebar.
LsborerlHelper . Worker quaf'rfJed for only unskilled or seml-skllled work. Ufting. carrytng materials
. and tool!;, hauling, digging, clean-up.
l..alherl?lasteret" Worker who instaDs metal framIng and lath. Wacker who applies plaster to lathing
and i~"tns associated accessories.
Ught Equipment Operator (ndudes but nat rurutGd to air compressors, truck crane driver, flex plane. bunding
elevator. fann grader, c:oncrete mlxsr Oess than 14 cf), conveyor.
Mason Craftsman who weeks with masonry ProdudS. stone, brick. block. or aily material
substituting (or those materials and accesSories." .
Metal Building Assembler WOfXer who assembles pre-made metal bundtngs.
Mil1wright Mechanic speclallzlng In 1h~ instaflation of heavy machinery. conveyance,
. wrenches, dock levelers, hydraulic lifts and aRgn pumps.
P8InterIWall Covering Instaner Wocker who prepares waR surfa~ and appOes palnt and/or wan coverings, ~
and be<1ding.
p"~rrtter TraJOOdworker who InstaIl$ pipIng systems. chflled water prptng and hot water
(bolter) pl"plng, pneumatic tubing concrols, chillers, boUers, and asscx:iat9d
mechan1caj equipmenl
Plumber Sldlled craftsman who Installs domestic hot and cold water pfplng, waste piping,
storm system pipIng, water closets. sinks, urinals andretated work.
Roofer . Wacker who instans roofing materials, SltumGn (asphalt and cold tal), felts,
flashings, all types roofing membranes and assocfated products.
Sheet Metal Wacker Worker who Installs sheet metal products. Roof metal, tlashings, .end curbs,
ductwork, mechanical equipment, and associated metaJs.
Sprinkler F1ttlSr Wacker wno InstaBs fn aprinl<ler systems and Rre protection equlpmenl.
Terrazzo Woricer Craftsman who places and finishes Terrazzo.
Tile Sener Wocker who prepares wall and/or noar surfaces and applies ceramic:: tJ1as te thc~
sunaces." ".". .
WatecprooferlCaulker Wor1<er who applies water proofing malerial to bundings. Products Inelude hed
sealant, c,lulk, sheet m~mbrane. liquid membrane$, $prayed. rolled. or brus
on.
. -
Worker Classification Definition Sheet
-
-
-
-
-
-
-
-
TECHNICAL SPECIFICATIONS
CONCRETE FOR STRUCTURES
1. DESCRIPTION
1. 1 This section shall govern the materials and methods used for the proportioning
and mixing of concrete for pavement, driveways, pre-stressed concrete, and
other concrete incidentals required to complete the construction of the project.
The concrete shall be composed of Portland cement, mineral filler, and natural
aggregates, proportioned and mixed as provided in this specification.
2. MATERIALS
2.1 Cement: The cement shall be Type I, Type II, or Type III of a standard brand
of Portland Cement conforming to ASTM Designation C-150. Only one
brand of cement will be permitted in anyone structure.
2.2 Mixing Water: The water used with the cement shall be clean and suitable for
drinking or for ordinary household use.
2.3 Course Aggregate: The course aggregate shall consist of gravel, crushed
stone, or a combination of these two.
2.3.1 Gravel shall consist of durable particles of crushed or uncrushed gravel of
uniform quality throughout. It shall have a wear of not more than 40 percent
when tested according to AASHO Method T -96.
2.3.2 Crushed stone shall consist of durable particles of stone of uniform quality
and having the same wear as that required for gravel.
2.3.3 The course aggregate shall be free from an excess of salt, alkali, roots, and
other objectionable matter. The maximum size aggregate shall be governed
by the type of structure in which the concrete is used and as shown in Table I.
TECHNICAL SPECIFICATIONS
2.3.4 The grading requirements of the course aggregate shall conform to the
following:
TABLE I
Percentage Retained
No. Maximum 3" 21/2" 2" 11/2" 1.: 3/4" 1/2" NO.4
Size
1 21/2" 0 0-5 0-20 15-50 60-80 95-100
2 1 1/2" 0 0 0-5 20-70 95-100
3 1" 0 0-5 15-45 50-70 95-100
2.4 Fine Aggregate: Fine aggregate shall consist of natural sand and be free from
frozen material, foreign material, excess salt, alkali, or vegetable matter. It
shall contain not more than 0.5 percent by weight of clay lumps.
2.4.1 The grade requirements of the fine aggregate shall conform to the following:
Sieve
Percent Retained
3/8"
NO.4
No.8
No. 16
No. 30
No. 50
No. 100
0%
0-5%
0-20%
15-50%
40-75%
70-90%
90-100%
2.4.2 The fineness modulus of the fine aggregate shall be between 2.40 and 2.90.
When this fineness modulus varies more than .20 than that being used in the
current design, then the batch will be redesigned in accordance with standard
Highway Department methods.
2.5 Admixtures: An air entrained concrete will be used for all bridge
superstructures. Air entrainment will also be required during hot weather
placement when, in the opinion of the Owner's Representative, the admixture
is needed.
2.5.1 The air entrainment agent shall be of a standard commercial type conforming
to the requirements of ASTM Designation C-260.
TECHNICAL SPECIFICATIONS
3. PROPORTIONING AND CLASSIFICATION
3.1 Concrete shall be proportioned as determined by the Owner's Representative
and using the method as outlined in the Texas Highway Department Bulletin
C-11. The concrete shall be uniform and workable. The minimum cement
content, maximum allowable water content, and maximum slump of the
various classes shall conform to the following:
Type of Construction Min Min. Comp, Max. Water Slump Coarse Coarse
SKlCY Strength 28 Cement Inches Aggregate Aggregate
Day PSI Ratio Class No.
Foundations 5 3000 7.0 2-3 1-2 A
General Concrete 5 3000 7.0 3-4 2-3 A
Drilled Shafts
All Superstructure 5 3000 6.5 2-3 2-3 A
Concrete
Riprap & Sidewalks 4.5 2500 7.0 3-4 1-2 B
Pre-stressed 6-7 6000 5.75 2-3 3 C
Concrete
Seal Concrete 6 3000 7.0 5-6 1-2 D
3.2
The dry loose volume of course aggregate shall not be more than .82 cubic
foot of the finished concrete.
3.3
The net amount of water will be the amount added at the mixer, plus the free
water in the aggregate, and minus the absorption of the aggregate based on a
30 minute absorption test as defined in THD Bulletin C-11.
3.4
Where flexural test beams are used the 7-day flexural strength shall be equal
to or greater than one-sixth of the 28 day compression test.
3.5
Where the difference between the actual amount of concrete placed and the
calculated theoretical amount required is more than 3%, the Owner's
Representative shall require the re-design of the batch.
TECHNICAL SPECIFICATONS
4. CONSISTENCY
4.1 Concrete shall be of such consistency as to insure the required workability and
result in compact masses having dense, uniform surfaces. The quantities of
the mix design shall not be varied unless authorized by the Owner's
Representative. In cases where the characteristics of the aggregates are such
that, with the maximum allowable amount of water the consistency
requirements cannot be satisfied, the contractor may furnish additional
aggregates, mineral filler, or aggregates of a different character which will
produce the desired results. If the contractor does not provide these materials,
the Owner's Representative will modify the mix design with additional
cement to produce proper workability. The addition of water to the approved
batch design to provide workability will not be permitted.
4.2 In general, the consistency of concrete mixtures shall be such that:
4.2.1 The aggregates will not segregate and mortar will cling to the coarse
aggregate.
4.2.2 The concrete when dropped from the discharge chute will flatten out at the
center of the pile, but the edges will not flow.
4.2.3 The concrete will not show free water.
4.2.4 The concrete will slide and not flow into place when discharged from the
metal chute at an angle of30 degrees with the horizontal.
4.2.5 The surface of the finished concrete will be free oflaitance.
4.3 Any concrete mix failing to meet the above consistency requirements will be
considered unsatisfactory although the concrete meets the required slump test.
In cases where the characteristics of the aggregate furnished are such that,
with the maximum allowable amount of water, the specified slumps and
consistency requirements are not met, the contractor may provide aggregates
of an improved grading, or the Owner's Representative will modify the mix
design to meet the slump and consistency requirements by adding cement.
4.3.1 The slump tests will be provided by the approved Testing Lab according to
the standard ASTM testing procedures.
TECHNICAL SPECIFICATONS
5. TESTING OF CONCRETE
5.1 During the progress of the work, the Laboratory will cast test cylinders for
testing in order to maintain a check on the compressive strength of the
concrete actually placed.
5.2 A test shall be defined as the average ofthe breaking strength of three
cylinders.
5.3 Test cylinders for job site control will be tested according to ASTM
Designation: C-39 "Method of Test for Compressive Strength of Molded
Concrete Cylinders". Test cylinders shall be made in accordance with Test
Method Tex-704-I.
5.4 All test specimens, beams, or cylinders representing tests for removal of
forms or falsework for pre-stressed or post-tensioned beams shall be cured
under the same conditions, subjected to the same curing materials, and to the
same weather conditions as the concrete represented.
5.5 Other cylinders will be cured in accordance with TIm Bulletin C-11.
6. CONDITIONS
6.1 The concrete shall be mixed in quantities required for immediate use and in
concrete not in place within the following:
Air Temp. or Concrete Temp.
(Highest Value)
Maximum Time in Mixer
40 degrees F. to 74 degrees F.
75 degrees F. to 89 degrees F.
91 degrees F. and above
90 Minutes
60 Minutes
45 Minutes
6.2
In threatening weather, which may result in conditions that will affect the
quality of the concrete, the Owner's Representative may order postponement
of the work. Where work has been started and changes in weather conditions
require protective measures, the contractor shall furnish adequate shelter to
protect the concrete against from rainfall or freezing temperatures.
. 6.3
Concreting will not be permitted when the temperature is 40 degrees
Fahrenheit and falling.
TECHNICAL SPECIFICATIONS
7. MEASUREMENT
7.1 Unless provided for in the proposal, the quantities of concrete of various
classifications will not be measured directly but shall be included in the
itemized bid structures.
8. PAYMENT
8.1 Payment will not be made but shall be incidental to the item for which it
pertains.
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P.O.BOX
t.APORT
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 18.2002
Requested By: Duug Kueupp"~t
Department: PhUlllillg
Appropriation
Source of Funds: General Funds
Account Number: 001-9092-524-6021
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
$40,000.00
Exhibits:
Exhibits:
Ordinance
Letter of Recommendation and
Bid Tabulation
Ridder Notification
Amount Requested:
$15,15200
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The FY 01-02 Budget provides $40,000.00 for demolition projects within the City. On August 27,2001, Staff
requested and was granted a hearing date of September 24, 2001 for seven (7) structures being considered for
condemnation. All seven (7) structures were condemned and since that time, only one (1) owner has demolished
their respective structure.
Demolition for the remaining six (6) structures was advertised and bids were opened on February 25,2002 (See
attached bid tabulation). The low bidder is Vanco Abatement and Demolition Corporation with a bid amount of
$15,152.00. The City's Purchasing Manager has verified, through references, that Vanco Abatement and
Demolition Corporation has experience, equipment and resources to complete this project. Staff recommends
awarding this contract to Vanco Abatement and Demolition Corporation and appropriating $15,152.00 to fund this
contract.
Action Required bv Council:
Consider approving an ordinance authorizing the City Manager to execute a demolition contract with Vanco
Abatement and Demolition Corporation and appropriating $15,152.00 to fund said contract.
Approved for City Council A2enda
GLT,~
Robert T. Herrera, City Manager
~. l (".. 0 '-
Date
ORDINANCE NO. 2002- ~:54~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND VANCO ABATEMENT AND
DEMOLITION CORPORATION FOR THE DEMOLITION OF
CONDEMNED STRUCTURES; APPROPRIATING $15,152.00 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 $15,152.00
from general fund account number 001-9092-524-6021 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,
ORDINANCE NO. 2002-d543
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 18th day of March, 2002.
By:
~ LA PORTE
~
Norman L. Malone,
Mayor
ATTEST:
G/Y7OA1Jid ,k#
~a Gillett
City Secretary
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
FEBRUARY 27,2002
From:
Doug Kneupper, Planning Director
Debbie Wilmore, Chief Building Official
Susan Kelley, Purchasing Manager~~
Sealed Bid #0849 - Demolition of Buildings
To:
Subject:
Advertised, sealed bids #0849 - Demolition of Buildings were opened and read on
February 25, 2002. Bid requests were mailed to fourteen (14) vendors with ten (10)
returning bids.
Vanco Abatement submitted the low bid meeting specifications.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
BID TABULATION
BID #0849 - DEMOLITION OF BUILDINGS
ANTEX SCOTT DOZER
VANCO TRUCKING & JTB CHERRY ALL TEXAS DANIEL'S EXPERT BOYER'S & DUMP
DESCRIPTION QTY ABATEMENT EQUIP SERVICES DEMOLITION DEMOLISHING DUMP TRUCK TANDEM INC. FABRICATION DEMOLITION TRUCK
1) 2815 & 2817 Old Hwy 146 1 $2,637.00 $6,550.00 $8,000.00 $7,687.00 $8,825.00 $7,000.00 $8,460.00 $10,803.00 $8,000.00 $18,000.00
2) 606 S. Utah Street 1 $2,977.00 $4,150.00 $3,500.00 $3,700.00 $3,138.00 $3,600.00 $4,930.00 $8,288.05 $6,000.00 $5,000.00
3) 110 S. 3rd Street 1 $2,717.00 $2,980.00 $2,500.00 $3,360.00 $3,086.00 $4,000.00 $4,870.00 $5,359.00 $6,500.00 $6,000.00
4) 110 N. 5th Street 1 $1,487.00 $4,885.00 $3,500.00 $5,126.00 $4,234.00 $4,000.00 $5,590.00 $6,417.00 $6,500.00 $5,000.00
5) 212 N. 8th Street 1 $2,967.00 $5,225.00 $3,500.00 $3,990.00 $4,462.00 $7,000.00 $6,780.00 $7,172.55 $6,000.00 $6,000.00
6) 9605 E. Andricks 1 $2,367.00 $3,125.00 $7,000.00 $4,660.00 $5,270.00 $7,000.00 $5,900.00 $6,873.55 $14,000.00 $30,000.00
TOTAL $15,152.00 $26,915.00 $28,000.00 $28,523.00 $29,015.00 $32,600.00 $36,530.00 $44,913.15 $47,000.00 $70,000.00
Information reflects pricing only and other factors may be considered during the evaluation process
AAA DEMOLITION
220 SOUTH LOCKWOOD
HOUSTON, TX 77011
CHERRY DEMOLITION
6131 SELlNSKY
HOUSTON, TX 77048
GRAY ENVIRONMENTAL TECH
PO BOX 58249
HOUSTON, TX 77258-8249
C & C DEMOLITION, INC.
PO BOX 764
ORANGE, TX 77631-0764
BROTHERHOOD RECYCLING
PO BOX 3019
CROSBY, TX 77532
CDC CONSTRUCTION
11940 JOLL YVILLE, STE 305 S.
AUSTIN, TX 78759
GBS ENVIRONMENTAL, INC
993 SHELDON RD
CHANNELVIEW, TX 77530
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE, TX 77572-0996
BIDDER'S LIST
DEMOLITION OF BUILDINGS
SEALED BID #0849
ALL TEXAS DEMOLISHING
5714 DARLING
HOUSTON, TX 77007
DANIEL'S DUMP TRUCK HAULING
PO BOX 832
LA PORTE, TX 77572-0832
TANDEM, INC.
321 BROADWAY
HOUSTON, TX 77012
PROCESS EQUIPMENT RECOVERY CO
313 DAWN HILL DR
FRIENDSWOOD, TX 77546
ANTEX DEMOLITION
11805 NORTH "0"
LA PORTE, TX 77571
MATTHEW THORNTON
419 S. SHADY LANE
LA PORTE, TX 77571
BOYER'S DEMOLITION
210 W. MAIN
LA PORTE, TX 77571
BA YSHORE SUN PUBLISH DATES:
FEBRUARY 10, 2002
FEBRUARY 17, 2002
----
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Man:X/
Requested By: DOU2 Kneuppe~~
Department: Plannin2
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:...x...
Amount Requested:
Exhibits:
1. Ordinance wi Exhibit "A"
2. Special Warranty Deed from PPG
3. Overall Land Swap Exhibit
4. Letter Agreement between PPG and City
Budgeted Item: _YES ...,LNO
SUMMARY & RECOMMENDATION
Plans are underway for the reconstruction ofFairmont Parkway from Bay Area Boulevard to State
Highway 146. Harris County Engineering Department has contracted with TSC Engineering for
design of the project, which includes improvements to portions of South 16th Street's intersection
with Fairmont Parkway. Currently, insufficient right-of-way exists to accommodate the County's
plans; therefore, additional land must be acquired.
The City has entered into negotiations with PPG to acquire specific tracts as defined by the County
for the required right-of-way. As a result of negotiations, PPG has agreed to deed approximately
36,241 square feet of its property to the City (see Exhibit No.1) in return for the closing of
approximately 32,760 square feet of existing rights-of-way to PPG (see Exhibit No.3).
Recommendation
Staff recommends closing, vacating, and abandoning the alleys in Blocks 861,868 and 897, Town
of La Porte and the easternmost 226' of West "f' Street between Blocks 868 & 897 in return for
additional rights-of-way along South 16th Street from PPG to facilitate the Fairmont Parkway
Improvement Project. Additionally, Staff recommends that Council authorize the City Manager to
execute the "Letter Agreement" requested by PPG as presented in Exhibit NO.4.
Action Required bv Council:
Consider approval of an ordinance to close, vacate, and abandon the alleys in Blocks 861, 868, &
897, Town of La Porte and the easternmost 226' of the West "I" Street Right-of-Way between
Blocks 868 & 897, Town of La Porte. Additionally, consider authorizing the City Manager to
execute the attached "Letter Agreement" as requested by PPG.
Approved for Citv Council A2enda
~~T.~
Robert T. Herrera, City Manager
~.\~.o).
Date
EXHIBIT NO.1
Ordinance wi Exhibit "A"
ORDINANCE NO. 2002- ~54L
AN ORDINANCE V ACA TING, ABANDONING AND CLOSING THE ALLEYS IN
BLOCKS 861, 868 AND 897, TOWN OF LA PORTE AND A PORTION OF THE "I"
STREET RIGHT-OF-WAY BETWEEN BLOCKS 868 AND 897, TOWN OF LA PORTE,
HAtmIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFtc1'IVE DATE HEREOF.
WHEREAS, the City Council ofthe City of La Porte has been requested by the record
owners of all of the property abutting the alleys in Blocks 861, 868 and 897 Town of La Porte,
hereinafter described in Section 1 of this ordinance as Tract 1, and a portion of the "I" Street
Right-of-Way between Blocks 868 and 897, Town of La Porte, Harris County, Texas, hereinafter
described in Section 1 of this ordinance as Tract 2, to vacate, abandon, and permanently close the
hereinafter described alleys in Blocks 861, 868 and 897, Town of La Porte, and the hereinafter
described portion of the "I" Street Right-of-Way between Blocks 868 and 897, Town of La
Porte, Harris County, Texas; and
WHEREAS, the City Council ofthe City of La Porte has determined and does hereby
find, determine, and declare that the hereinafter described alleys in Blocks 861, 868 and 897,
Town of La Porte, and the hereinafter described portion of the "I" Street Right-of-Way between
Blocks 868 and 897, Town of La Porte, Harris County, Texas, is not suitable, needed, or
beneficial to the public as a public road, street, or alley, and the closing of hereinafter described
alleys in Blocks 861, 868 and 897, Town of La Porte, and the hereinafter described portion of the
"I" Street Right-of-Way between Blocks 868 and 897, Town of La Porte, Harris County, Texas,
is for the protection of the public and for the public interest and benefit, and that the hereinafter
described alleys in Blocks 861, 868 and 897, Town of La Porte, and the hereinafter described
portion of the "I" Street Right-of-Way between Blocks 868 and 897, Town of La Porte, Harris
County, Texas, should be vacated, abandoned, and permanently closed.
Ordinance No. 2002- ~5Lf~
2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its home
rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter
described alleys in Blocks 861, 868 and 897, Town of La Porte, and the hereinafter described
portion ofthe "f' Street Right-of-Way between Blocks 868 and 897, Town of La Porte, Harris
County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to
wit:
Tract 1:
The full length of all ofthe alleys located in Blocks Eight Hundred Sixty-one (861), Eight Hundred
Sixty-eight (868) and Eight Hundred Ninety-seven (897), Town of La Porte, Harris County, Texas, as
shown on Exhibit "A" attached hereto.
Tract 2:
That portion of the "I" Street Right-of-Way situated between Blocks Eight Hundred Sixty-eight (868)
and Eight Hundred Ninety-seven (897), Town of La Porte, Harris County, Texas, as shown on
Exhibit "A" attached hereto, and being further described as follows:
BEGINNING at the southeast comer of Block 868, Town of La Porte, said comer also being
the intersection of the west right-of-way line of 15th Street and the north right-of-Iine of "I" Street;
THENCE in a westerly direction a distance of 226 feet to a point in the north right-of-way
line of "I" Street, said point also being located on the south line of Block 868, Town of La Porte, and
being the proposed easterly right-of-way line of 16th Street (proposed 100 foot width);
THENCE in a southerly direction along a line perpendicular to the north right-of-way line
of "I" Street and being the proposed easterly right-of-way line of 16th Street (proposed 100 foot
width) a distance of 60 feet to a point on the south right-of-way line of "I" Street and the north line of
Block 897, Town of La Porte, said point lying 226 feet westerly from the northeast comer of Block
897, Town of La Porte;
THENCE in an easterly direction along the south right-of-way line of "I" Street and the
north line of Block 897, Town of La Porte, to its point of intersection with the west right-of-way line
of 15th Street, said point also being the northeast comer of Block 897, Town of La Porte, a distance of
226 feet;
THENCE in a northerly direction along the projected west right-of-way line of 15th Street to
the southeast comer of Block 868, Town of La Porte a distance of 60 feet to the Point of Beginning.
Section 2.
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject ofthis meeting ofthe City Council
Ordinance No. 2002- ,,5~t
3
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 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.
It is understood and agreed that references herein to "f' Street, 15th Street and 16th
Street are the same streets commonly referred to as West 'T' Street, South 15th Street and South
16th Street respectively.
Section 4.
This ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, THIS l~ DAY OF rYl.Clrcll
2002.
CITY OF LA PORTE
BY.!(~
Norman L. one, Mayor
ATTEST:
LfJ1 Wa /t/IU
Martha Gillett, City Secretary
APPROVED: I
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Knox W. Askins, City Attorney
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~: ALLEYS IN BLOCKS 861,868 & 897
TRACT 2: 226' x 60' PORTION OF WEST "I" ST.
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EXHIBIT "A"
TO ORD. NO. 2002-
EXHIBIT NO.2
Special Warranty Deed
from PPG to City of La Porte
Mar-05-Z00Z 09:05am From-ASKINS' ARMSTRONG, PC
Z81 471 Z047
T-543 P.008
F-QQZ
-
Knot '1QJinlL ..Jv 1I'+/<e C()/hp-t'-f
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SPECIAL WARRANTY DEED v
I
.foLd.,
Gra tee~
, 2001
D e:
Gt' ntor;
Ma
Mai
Consideration: Ten and NO/l00 t>ollars ($10.001 ca&h and other good
and valuable considerations.
property (including any improvement$) t
Tract 1:
Being a 1,250 square foot (0.0287 of one acre) tract of
land situated in the Johnson Hunter survey, AJ:)s~ract 35,
Ra.nis County, Tex&$, being out of the Northeasterly
caDler of the residue of Block 1093 of the Map of La
Porte, said traet being ~re pa~ticularly de$or~d by
metes and bouncls on !bchibit: IIA" attached hereto,
incorporat.ed by r~ference herein, ana made a part hereof
for all purposes.
'tract 2:
Being a 438 square foot. (a.Ol0a of one acre) tract of
land situated iu the Johnson Hunter S1U:"Vey, Abst~act 35,
Ba%'ris County, 1'exa.s, being out of the Southeasterly
corner of Slock 8'6 of the Map of La Porte, sa1a tract
being more particularly described by metes and baUD-els on
Exhibit -8ft attaehed be%eto, iucor,porated by reference
herein, and made a part hereof for all purposes.
ft&ct 3:
Being a 17,268 squ~e foot (0.3964 of ODe aere) tract of
land situated in the JQhnsoJ:l. Runter Survey, Abstract 35,
Harris count:.y, Texa.s, ~e:i.J:l.g out ot the westerly part of
Lots ~ - ~6 of Block 897 of the Map of ~a Po~te, said
tract being mOre particula:r~y c:!esc~1.Ded by metes and
bo~ds on Exhib~t "C" attached hereto, incorporated by
ret'erence here1J1, and ma.d. a part hereof for all . .
purposes.
Mar-05-Z00Z 09:05am From-ASKINS & ARMSTRONG, PC
Z81 471 Z047
T-543 P,009/0Z1 F-OQZ
!:z:aet'4;
Being a 16,000 square foot (0.3613 of one acre) tract of
land situated in the JolUlsQn Hunter Survey, Ahstraet 35,
Harri; County, Texas, beiug out of the WGsterly part of
Lots 1 - 16 of Block 868 of the Map of La Porte, said
tract being more pa%tic:ularly c1e,c:ribec1 ])y metes and
boUnds on Exhibit ftDn attached hereto, iDcorporated by
~efereuce herein, and made a part hereof for all
purposes.
Tract s:
Being a ~,28S .quar~ foot (0.0295 of one acre) tract of
land situated in the Johnson Ruuter survey, Abstract 35,
Harris County, Texas, being out of the We$terly part of
Lots , - 16 of Block 861 of the Map of La iorte, said
t~act being more particularly described by metes and
bounds on EXhihit -B" attached hereto, incoJ:porateci by
reference herein, and made a part hereof for all
pw:poses.
SUBJECT TO: Grantor :r:etains the right to use the hez:ein
conveyed property for a temporary parkiug lot, for a term
expiring July 31, 2002.
lte.s..ervatiO!3B from and ~xcept1on to ConvElIvanc:e and Wa2:'r~v; This
conveyance is made subJegt to all and singular the restrictions,
conditions, oil, gas, ana other mineral reservations, easements,
covenants, lea..s, en.cu.m])ra.noes, the Eller Lease (as defined
herein) and all other matters, if any, applicable to and
enforceable against the above described Property, as ~eflected by
the Official PUblic' Rt!cot'ds of Barris County, Texas, and all
matters affecting the Property which are visible and apparent as of
the date hereof or Which a survey would disclose.
Assicmment. of Lease: Grantor assigns to Grantee, and Qrantee
assumes, all rights and obligations under that. certain Lease
Agreement by QQ between Bller Xe/,U.. Company, SUccessor in intll7;est
to sutnmit Outdoor, Inc., as ~e.!l..., and. Grantor, succeSSOr in
interQst to Rouald P. Horris, Ben D. Stanford and Zula Norris
Stanford Reper _ as lesso., dat.ec1 April 24, J.984, as amended by that
c.rtai~ letter agreement dated .ovemher 26, 1986, and as further
alllended. by that certain Second Amendment l;Q Lease Agreeft\e~:t dated
effeetive as of July 23, 2D01, 1:)y and aJQOng Grantor and Cleal:
~el Outdoo1:. Gut;!cessor il1. interest to Ell.X" Media Company (the
Eller t.ease") ~cp1es o:E ~h1Clh ~..ve been cle1ive:reci ~o Grantc~
s~mu~taneo1,l,sly w1th the execution ot this instru.ment. Grantor and
G~ante~ further agree ~hat all rent unde~ the Eller Lease shall be
~~^~~~-~ ~~ ~~ ~~~ ~-~~ ~.~-~~
Mar-05-2002 09:05am FrDm-ASKINS & ARMSTRONG, PC
281 471 2047
T-543 P.010/021 F-002
Grantor fox the consideration and subject to the Reservations from
and Exceptions to Conveyance and Warranty, grants, sells, and
c::ollveys to Grantee the Prop4ilrty, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have'~ and.
1told it to Grantee, Grantee's heirs, executors, administrat&rS,
sUc:cessprs, or assigns forever. Grantor binds Grantor! and
<3rantor.,s heirs. exeC11tors, administrators, and successorsi to
~arrant 'and forever defend all and.. s~~gular the property to Graitee
a~d Gran~ee'S,heirs, executors, administrators, sUc~essors, tand
~signs against every person whoMSQever lawfully cla~mdng o~ to
~aim the ~ame or any part the~eof, except as to the Reservations
f~om and Except ions to conveyance and warranty, by / througbj or
uudeX' Grantor but not otherwise. ".
~ .
When the context requires, '.sihgular ~Utl.S and...prououn. include~the
plural. I . "
It is understood and agreed that the references to 16th Street, I
St:r:eet, and Ii St1:eet, in. the EXhibits attachecl hereto, are
.eferences to those same streets that are common! known as South
16th Street, West I Street, an
AeCIPTn A1ID AGREED:
city of La Porte
By:
Robert 'I'. He1:rera
City M&Z1ager
a
Mar-05-Z00Z 09:05am From-ASKINS & ARMSTRONG, PC
Z81 4T1 Z047
T-543 P.OII/OZI F-OOZ
STAn OF 'XBDS
I
COUNTY OF HARRIS
This :i.nstrument was aemowledged before me OD the _ day of
, 2001, bf Robert T. Herrera, City Manager of the City
of La poxt:., a munic1pal oorporation.
Notary PUblic, State o! ~exas
.... .
APrBJt UCOGDG UTUU ft),
ASKINS & ARMSTRONG, P. C.
P.o. .ox :1.218
La Porte, TX 77S72~1218
PUPUBn m DB LAW OPJ'ICS 01';
ASKDlS &: ARMSTRONG, P. C .
)l.O. Sax 12.l8
La Porte, TX 77572-1218
Mar-05-Z00Z 09:05am FrDm-ASKINS & ARMSTRONG, PC
ZBl 471 Z047
T-543 P,OIZ/OZl F-OOZ
Tract No. 1
Project Name: Fainnont Parkway
1611\ Street Right-of-Way
Project No.:
January 2000
Exhibit" A"
Beins a 1,250 square feet (0.0287 of one acre) tract of land situated in the Johnson Hunter
Swvey,' Abstract 35, Harris County. Texas, being out of the Northeasterly comer of the
residue of Block 1093 of the Map of La Porte rcc:orded in Volume 60, Page 112 of the Deed
Records of Harris County~ Texas, said residue ofBloek 1093 being conveyed from Fairmont
Parkway Number One Limited to PPO Industries" Ine. by deed tiled under Clerk's File
Number T171613 (Fllm Code Number 520-11-3548) of the Official Public Records of Real
Property ofHanis County, Texas, executed July 28. 1998. said 1.250 square feet tract being
more particularly described by metes and bounds descriptioD as follows, all bearings and
coordinates recited herein are rcfcrenc:ec1 to the City of La Porte's MOl1umentation System;
BegiDDin, at a set Sl8-incb iroD rod with TSC cap for the Northwesterly comer of the herein
described tract, having coordinates of N '= 682,375.50 SDd B "" 3,258,905.72, being a
proposed re-cntrant comer far a proposed SO-foot by SO-foot cutback. being on the Northerly
line of said residue of Block 1093, same beina on the existinl Southerly Rieht~- Way line
ofFainnont P~y (e~g 263-foot width, Volume 60 / Page 112 H.C.DA, Volume 581
Pa&e 460 H.C.D.R. H.C.C.F. No. FS79352 and H.C.C.F. No. B371955 ). from which a
found Sl8-iuch iron rod bears South 860 S6' 29" West. 541.91 feet, 0.63 feet left;
Thence North 860 56' 29" East alone said existing Southerly Rigbt-of..Way line of said
Fairmont Parkway, a distaDCe of 50.00, feet to a point for comer, being on the existing
Westerly Rigbt-of..Way line of said l~ Street (eximq lOO-foot width, Volume 60, Page
112 H.C.D.R.. R.C.C.F. No. R974202), being the NorththeasterJy comer of said residue of
Block 1093, and being the Northeasterly comer of the herein described traet;
Thence South 03003' 31" Bast along said existing Westerly Right-of-Way line ofsald 16tll
Street, a distance of 50.00 feet to a sr;t S/8-mch iron rod with TSC cap for corner, being a
proposed re-entrant comer of said proposed SO-foot by SO..foot cutback, and being the
Southeasterly comer of the herein described traCt, from which a point for the Southeasterly
comer of said Block 1093 bears South 030 03' 3 t" East, 187.13 feet. from which. a found
5/8"ineh iron rod bears from said Southeasterly comet' of said Block 1093 North 860 56'
East, 0.08 feet;
'.. .
~\C"'C1II.\OQo\35OOn\Mc1ioa'16U1Sl\16IbTJU.doc
Page 1 of2
Mar-05-2002 09:05am From-ASKINS I ARMSTRONG, PC
281 471 2047
T-543 P.013/021 F-002
Traet No.1
Project Name: Fairman! Parkway
161h Street Right-or-Way
Project No.:
January 2000
Thence North 480 03' 31" West along said proposed Right-of-Way cutback line, a distance
of 70.71 feet to the Point of B......ing and containina a computed 1,250 square feet (0.0287
of one acre) ofIand.
The above description along with a 16th Street Right.of.Way Map was prepared for and
submitted to Harris County - Public Infrastructure Department .... Engineering Division,
Houston, Texas.
TSC Engjneerina Company
6250 Westpark. Suite 200
Houston, Texas 77057-7304
Checked:
Date:
Approved:
li."\C1erica1\Dan\3S0032\Mlllts\16UaSt\ 16/h TR3.doc:
Page2of2
~ar-05-Z00Z 09:06am From-ASKINS & ARMSTRONG, PC
Z81 471 Z047
T-543 P.014/021 F-002
Tract No.2
Project Name: Fairmont Parkway
16lh Street Rieht-of-Way
Project No.:
February 2000
Exhibit "B"
Being a 438 square feet (0.0100 of one acre) tract of land sit\1ated in the Johnson Hunter
Survey, Abstract 35, Hams County, Texas, being out of the Southeasterly comer of Block
896 of the Map of La Porte recorded in Volume 58, Page 460 of the Deed Records ofHanis
County, Texas, said Block 896 being conveyed ftom David Cui Angel and RebaJmc Aagcl
to PPG latdustries, Inc. by deed filed under Clerk's File Number 0940161 (Film Code
Number 182-97-O342) of the Official Public Records of Real Property of Harris County,
T~ executed April 14, 1981, said 438 square feet traet being more particularly described
by metes and bounds description as follows. all bearings and coordinates recited herein are
referenced to the City of La Porte's Monumentation System;
BeginDillz at a set 51S.inch iron rod with TSC cap for the Southwesterly corner of the herein
dcscribec1 tract, having coordinates of N ;;;;: 682.,639.46 and E iii 3,2!8,916.65, being a
proposed re.-entrent comer for a proposed 2S..foot by 35..foot cutback. being on the Southerly
line of said Block 896t same being on the exlstins Northerly Right.of- Way line of FainDont
Parkway (existing 263-foot width. Volume 60. Page 112 H.C.D.R.., Volume 58, Page 460
H.C.D.R., H.e.e,F. No. FS793S2. and H.C.C.F. No. B371955), nom which a point for the
Southwesterly comer of Lot 17 olsaid Block 896 bears South 860 56' 29" West, 100 feet;
from which a found 112-inch iron rod bears South 860 56' 29" West, 300.89 feet, 0.31 feet
left;
Thence North 320 28' 45" East along said proposed Right-of-Way cutback line. a distance of
43.01 feet to a set S/8-inch iron rod with TSC cap for corner, being gn the existing Westerly
Right-of-Way line of 16th Skeet (existina 60-foot width, Volume 58, Page 460 H.C.D.R.),
same being OD the Easterly line of said Block 896, and being the Northeasterly comer oftha
herein described tract;
Thence South 030 03' 31" East along said existing Westerly Right-of-Way line of said 16111
Street, a distance of 35.00 f=t to a point for comer, bein2 on aforementioned existing
Northerly Right-of.Way line of aforementioned Fairmant Parkway, being the Southeasterly
. comer of said Bloclc 896, aud being the Southeasterly comer of the herein described tract,
from which a found 5/8-inch iron rod bears North 0 I 0 OS' East. 0.38 feet; .
'.. -
H:\CIIricaI\Dan\3S0032\Mlllrlt\ 1 6thSt\16lbmsJloc
Page 1 of2
Uar-05-2002 09:06am From-ASKINS & ARMSTRONG, PC
281 471 2047
T-543 P.015/021 F-002
Tract No.2
Project Name: Fairmont Parkway
161h Street Right-of-Way
Project No.:
F ebruaty 2000
Thence South 860 56' 29!' West alone said existing Noriherly Right-of-Way line of said
Fafnnont Parkway, a distance of 25.00 feet to the Poblt or legUming and containing a
computed 438 square feet (0.0100 of one acre) oiland.
The above dc$c;ription along with a 16th Street Right-of-Way Map was prepared for and
submitted to Hams County - Public Infm~ure Department - Engineering Division,
Houston, Texas.
TSC Engineering Company
6250 Westpark, Suite 200
Ji~~ Texas 77057.7304
...
Checked:
Date:
Appro~d:
H:\Cleric:a1\ban~SOO~\MOlIoe\16lbSt\ 16UlTRS.dac
Page 2 of2
Mar-OS-ZOOZ 09:0Sam From-ASKINS & ARMSTRONG, PC
Z81 471 Z047
T-S43 P,OlS/OZl F-OOZ
Tract No.3
Project Name: Fairmont Parlcway
l~ Street Right-of-Way
Project No.:
January 2000
Exhibit "C"
Being a 17,268 square feet (0.3964 of one acre) tract of1and situated in the Johnson HuntBr
Survey, Abstract 35, Hmis County, Texas, beilli out of the Westerly part of Lots 1- 16 of
Block 897 of the Map afLa Porte recorded in Volume 58, Page 460 ofthc Deed Records of
Hatris County, Texas, said Block 897 beina conveyed from R.onald P. Norris. .et al to JL
Acquisition Colp. by deecl filed under Clerk's File Number 8062188 (Film Code Number
509-56-3545) of the Official PubUe Records of Real Property of Harris County. Texas,
executed Auaust 9, 1996, said 17,268 square feet tract bein& more particularly desaibcd by
metes an.cl bounds description as follows, all bearings and coordmates recited herein are
referenced to the City of La Porte's Monumcntation System;
B~iIlg at a set Sl8-inch iron rod with TSC cap for the Northeasterly comer of the herein
described tract, having coordinates of N = 683,046.01 and E - 3,259,020.11, beinl on the
Northerly line of said Lot 1, same being on the Northerly line of said Block 897, same being
on the Southerly Right-of-Way line ofl Street (existing 60.foot width2 Volume 58. Page 460
H.C.D.R.), from which a point for the Northeasterly comer of said Lot 1 bears North 860 56'
29" East, 85.00 feet;
Thence South 03Q 03' 31" East along the proposed Easterly Right-of-Way line of 1601 Street
(proposed 100 - foot width), a distance of 350.45 feet to a set S18-inch iron rod with TSC cap
for comer, being a proposed re-entrant comer for a proposed. SO-foot by SO-foot cutback, and
being an interior comer of the herein described tract;
Thence South 48" 03' 31!1t East along said proposed Right-of-Way cut~ck line, a distance of
70.71 feet to a set S~inch iron rod with,TSC cap for comer. being on the Southerly line of
aforementioned Lot 16, same being on the So11tl1erly line of aforementioned Block 897,
being on the existing Northerly Right..of-Way line of Painnont Parkway (existing 263.f001
wid~ Volume 60, Page 112 ae.n.Ro., Volume 58. Page 460 H.C.D.R., aC.C.F. No.
FS793S2, and H.C.C.P. No. B3719SS), being a proposed re-cntrant comer for said proposed
cut~ and.being the Southeasterly comer of the herein described tract, from which a point
for the Southeasterly comer of said Lot 16 bears North 860 56' 29" East, 35.00 feet;
Thence South 860 56' 29" West along said existing Northerly Riaht-of-Way line of said
Fairrnont Parkway, a disrance of 90.00 feet to a point for eorner, beina on the existing
Easterly Right-o:f:.Way line of said 16rh Street (existing 60-foot width, Volume 58, Page 460
H.C.D.R.), beinl the Southwesterly comer ofsaicl Lot 16, being the Southwesterly comer of
said Blook 897, and being the Southwesterly COmet' of the herein described tract, from which
a found s/8.inch iron rod bears North 030~' West, 0.40 ~ '
t~\CIeriClll\Dan\J$0032\lI4ota\1 ""S~\ 16thTR.6Aoe
Page J of2
Uar-05-2002 09:06am From-ASKINS & ARMSTRONG, PC
281 471 2047
T-543 P,017/021 F-002
Tract No.3
Project Name: Fairmont ParkwaY
161f1 Street Right-of..Way
Project No.:
January 2000
Thence North 030 03' 31" West along said c:xistins Easterly RightooOf'.Way liDe of said 1611I
Street, a distance of 400.45 fc;et (Map: 400 feet) to a found SIB-inch iron rod for comer, being
on aforementioned existing Southerly RishtwOf- Way line of aforementioned I Street, being
the Northwesterly comet of afOnmtentioned Lot I, being the Northwesterly comer of said
Block 897 and being the Northwesterly comer of the herein described tract;
Thence North 860 56' 29"- East along said existing Southerly Rilht-of-Way line of! Street, a
distance of 40.00 feet to the Pobst of Bepaaing and containiq a computed 17,268 square
feet (0.3964 of one acre) ofland.
The above description along with a 16lh Street Right-of-Way Map was prepared for and
submitted to Hartis County - Public 1nfra9tructure Department - Engineering Division,
HQ\ISton, Texas.
Daniel Paul Coyer. R.P .L.S.
Reiistered Professional Land SUlVeyor'S
TSC Enaineering Company
6250 WestpaIk., Suite 200
, Houston, Texas 77057-7304
Checked:
Date;
Approved;
....
M!\CIIlriCll!\DaIl'3$OO32\Mctes\llSrhSt\ 16t.hTR6.doa
Page 2 of2
Mar-05-Z00Z 09:06am FrDm-ASKINS & ARMSTRONG, PC
ZSI 471 Z047
T-543 P.OIS/OZI F-OOZ
Tract No.4
Project Name: Fainnont Parkway
1~ Street Right-of-Way
Project No.
Februaly 2000
Exhibit --D"
Being a 16,000 square feet (0.3673 of one acre) tract of land situated in the Johnson Hunter
Survey, AbstIact 35, Harris County, Texas, being out of the Westerly part of Lots 1 - 16 of
Block 868 oftbe Map of La Porte recorded in Volwne 58, Page 460 of the Deed Records of
Harris County, Texas, said Block 868 being conveyed from RoDald F. Norris, et a1 to JL
Acquisition Corp. by deed f1led under Clerk's File Number S062188 (Film Code Number
509-56-3545) of the Official Public Records of Real Property of Harris County, Texas.
executed Au.gust 9. 1996, said 16.000 SquBl'e feet tract beiq more particularly described by
metes aDd bounds descrlption as follows, aU bearings aucl coordin5ltes recited herein are
referenced to the City of La Porte's Monumentation System~
Beginning at a set SIB-inch iron rod with TSC cap for the Southeasterly comer of the herein
described tract, having coordinates orN = 683,105.93 and E - 3,259,0]6.91. beinion the
Southerly line of said Lot 16. same being on the Southerly line of said Block 868, same being
on the existing Northerly Right-of-Way line ofl Street (existiDi 60-foot width. Volume 58,
Page 460 H.C.D.R..). from which a point for the Southeasterly comer of said Lot 16 bears
North 860 56' 29" East. 85.00 feet; \
Thence South 860 56' 29" West along said existing Northerly Right-of-Way line of said I
Street, a distance of 40.00 feet to a found S/8-inch iron rod for comer, bei11g on the existini
Easterly Right-of..Way line of said 161h Street (existing 60-foot width, Volume 58. Page 460
H.CD.R.), being the Southwesterly eome.r of said. Lot 16, being the Southwesterly comer of
said Block 868, and being the Southwesterly comer of the heICin described tIaCt;
Thence North 03003' 31" West along said existing Easterly Right-of..Way line of said 16h
Street, a distance of399.99 feet (Map: 400 feet) to a found SIR-inch iron rod for comer, being
on the existing Southerly Right-of-Way 1I11e ofH S1reet, (existing 80-foot wi~ Volume S8.
Page 460 H.C.Dlt). being the 'Northwesterly comer of aforementioned Lot 1~ hems the
Northwesterly comer of.said Block 868 and being the Northwesterly comer ofthc herain
described tract;
Thence North 86Q 56' 29" East along said existing Southerly Right-of-Way line of said H
Street, a distance of 40.00 feet to set S/8..jnch iron rod with TSC cap for the Northeasterly
comer of the beRm described tra~t) from which a point for the Northeasterly comer of said
Lot 1 bears North 86056' 29n Bast, 85.00feet;
H:\Clcrical\DuU$OOn\MctQ\J 6tlJSt\16lhTR7.doc
Page I oC2
Uar-05-2002 09:06am From-ASKINS & ARMSTRONG, PC
281 471 2047
T-543 P,019/021 F-002
Tract No.4
Proj=t Name: Fairmont Parkway
1 ~ Street Right..of. Way
Project No.
February 2000
Thence South 030 03' 31" East along the proposed Easterly Right..of:.Way line of 16th S~
(proposed IOO-foot width). a c1istance of 399.99 feet to the Pomt of Begbanillc and
containing a cornputed 16,000 squate feet (0.3673 of one acre) ofland.
The above description along with a 161h Street Right-of-Way Map was prepared for and
submitted to Harris County - Public Infrastructure Department - Engineering Division,
Houston. Texas.
R
Daniel Paul Coyer, R.P.L.S
Registered Professional Land Surveyo' No.4167
. " , TSC Bngineeriug Company
6250 Westpark. Suite 200
Houston, Texas 77057-7304
.... .
Cheekec1;
Date:
Approved:
H:\C1erical\DllII\3$0031\Mllta\l6dlSl\16dln1.doC
Page 2 of2
~ar-05-2002 09:06am From-ASKINS & ARMSTRONG, PC
281 471 2047
T-543 P.020!021 F-OD2
Tract NO.5
Project Name: Fairmont Parkway
If}ft Street Right-of-Way
Project No.
Pebroary 2000
Exhibit "Eft
Being a 1,285 square feet (0.0295 of one acre) tract of land situated in the Johnson Hunter
Survey, Abstract 35. Hams County. Texas, being out of the Westerly part of Lots 6 -16 of
Block 861 of the Map of La Porte recorded in Volume 58, Page 460 of the Deed Rc:cOlds of
Hanis County, Texas, said Block 861 being conveyed from Zula Noms Stanford Roper to
John L. Stanford n and Ben D. Stanford by deed filed UDder Clerk's File Number P968150
(Fihn Code Number 500-23..2744) of the Official Public Records of Real Property ofHmis
County, Texas, executed June I. 1994. said 1,285 square feet tract being more particularly
deseribc::d by metes and bounds description as followst all bearings and coorclInates recited
herein are referenced to the City of La Porte's Momunentation System;
Beginning at a set S/S-inch iron rod with TSC cap for the Southeasterly comer of the herein
dcscn"bed tract, having cooIdinates ofN = 683.583.64 and E .. 3,2S8,961.34, being on the
Southerly line of said Lot 16. Ame being on the Southerly line ofsaicl Block 861, same being
on the cdstina Northerly Right-of..Way!iDe ofH Street (existing SO-foot width. Volume 58,
Pale 460 H.C.D.R.), tTom which a point for the Southeasterly comer of said Lot 16 bears
North 860 56' 29" Bast" 115.00 feet;
Thence South B60 56' 29" West along said existing Northerly Right-of-Way line of said H
Street. a distance of 10.00 feet to a point fot corner, being on the existing Easterly Right-of-
Way line of said l~ Stfeet (existing 6()..foot width, Volume 58, Pa~ 460 H.C.D.R..). being
the Southwesterly corner of said Lot 16) being the Southwesterly comer of said Black 861,
and being the Southwesterly comer af the herein described tract. from which a found 5/8-
inch iron rod bears South 730 49' East, 0,07 feet;
Thence North 030 03' 31" West along said existing Easterly Right-of~Way line of said 1()'A
Street, a di.stance of2S7.00 feet to a set S/8-inch iron rod for the most Northerly gamer of the
herein descdbed tract, from which a point for the Northwesterly comer of said Block 861
bears Nonh 030 03' 31" West, 142.99 feet. from Which a found S18-inch iron rod bears nom
said Nort1nw.sterly corner-. of said Block 861 North 210 13' East, 0.10 feet and from which a
found SIB-inch iron rod bears from said Northwcs=rly comer of said Block 861 South 6r~
OS' West, 1.68 feet;
....
H:\Clorl~I\DQ\3S003~*\l6thSI\16IbTkl.doc
Page 1 of2
Mar-05-2002 09:07am From-ASKINS & ARMSTRONG, PC
281 471 2047
T-543 P.021/021 F-002
Tmct No. S
Project Name: Fairmont Parkway
16. Street Right-of-Way
Project No.
February 2000
Thenee South 05C1 17~ 12" East along the proposed Easterly Right-of-Way line of said 1~
Street, (proposed variable width), a distance of 257.19 feet to tbc Point of B......iul and
containiDg a COIl1puted I,28S square feet (0.0295 ofone acre) ofland.
The above description along with a I ~ S1rect Right-of-Way Map was prepared for and
submittec.t to Harris County - Public Inftastructure Department - Engineering Divisio~
Housto~ Texas.
DameJ Paul Coyer, R.P.L. .
Registered PrQfessfonal Land. Surveyo s No.4867
TSC Enginacrioc COlnpany
62'0 Westpazk, Suite 200
Houston. Texas 77057-7304
.... .
Checkecl;
Date~
Ap}nOved:
H:\Qaiell\Dlln\350032\McD\16lhSl\ I6thT....doc
Pajl20f2
** TOTAL PAG~.lq **
EXHIBIT NO.3
Overall Land Swap Exhibit
PPG
PLANT lIE
896
8 1
WEST G STREET
N.T.S.
WEST H STREET
l- I-
w
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w cr::
cr:: l-
I- fJ)
fJ)
:I: :I:
l- I-
ISM v
8 8 Lt'l ....
....
:I:
:I: l-
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0 0
fJ) fJ)
8 7
J
FAIRMONT
10~
PKWY.
...
_a
WEST I STREET
TACO BEll
LEGEND
. TO BE ACQUIRED FROM PPG = 36,241 SQ. FT.
TRACT 1: 1,250 S. F.
TRACT 2: 438 S.F.
TRACT 3: 17,268 S.F.
TRACT 4: 16,000 S.F.
TRACT 5: 1,285 S.F.
. III CLOSINGS TO PPG = 32,760 SQ. FT.
ALLEY IN BLOCK 861: 6,400 SQ. FT.
ALLEY IN BLOCK 868: 6,400 SQ. FT.
ALLEY IN BLOCK 897: 6,400 SQ. FT.
PORTION OF W. "I" ST.: 13,560 SQ. FT.
c:::: PREVIOUS STREET & ALLEY CLOSINGS
OVERALL SWAP EXHIBIT
EXHIBIT NO.4
"Letter Agreement"
between PPG & City of La Porte
Mar-05-2002 09:05am From-ASKINS & ARMSTRONG, PC
281 471 2047
T-543 P. OOB
F-002
Febroary 14,2002
City of LaPorte
P.O. Box 1115
La Porte, Texas 77572-1115
Attention~ Mr. Robert T. Herrera
Re: Rollback Taxes
Dear Mr. Herrera;
This letter agreement (this "Letter A2t'eement") is intended to cvidenee certain
agreements between the City of La Porte, a. municipal corporation (the "Cl~") and PPG
Indumies) Inc.) a Pennsylvania corporation ("PPGtI) related to PPG's sale to the City of certain
real property as more particululy described in that certain Special Warrant)' Deed dated
December 5,2001 (the "Collveyaace Date") and filed in the Official Publie Records of Harris
County, Texas under Clerk's File No. - (the "J!!t4"). The City and. PPG are
sometimes referred to collectively herein is the "Parti." and individually as a t'~".
In consideration of the mutual covenants and agreements contained in the Deed and for
other good and valuable coJisideration, the receipt and sufficiency of which is acknowledeed by
the Parties, the Parties. intending to be legally bound. hereby aaree as follows:
1. Property Subject to Exemptioa and Possible Liability for AddidoDaI Tues.
The City hereby acknowledges tbat it understands that (I) all or a part of the Property (as
described in the Deed) is subject to an ad valorem tax Ixempdon pursuut to whim the
taxable value of the P1"operty, or a portion thereat, Is determined by . special appraisal
method that allows for appraisal of such real property at less thaa its market value, (ll) the
City may not be aUowed tD qualify for such spedal .ppraisal or tbe transfer of the Property
pursuant to the Deed or that a ehaage ID use of the Property may calise tile Property to DO
JOllier qu.alify for suck special appraisal, aDd (lll) as a result of the fore&oin2, the Property,
or a portion thereof, may be sabjeet to the impositiOD of an additional tax plus interest as a
penalty. The City has also been notified that the taxable value of the Property ad the
appUcable method of appraisal for the current tax year is pubUc Informatioll and may be
obtained from the tax appru.al district estabUshed for tbe COUD'ty ill which tbe Property Is
located.
2. Assumption of Tax Liability. The City hereby agrees to assume (i) all ad valorem
taxes for the Property for tho year 2002 and all subsequent tax years. subject only to the proration
fo1' 2002 taxes which occurred at the closing of th~ conveyance of the Property to the City and
which proration shall be a final sett1emeQt of such taxes and (ii) any and all ad valorem ~es for
the Property resulting from a change in use or ownership or the loss of the special valuation
Ho~ft\I3'8592.2
n...._.... 1 _.r'''
~ar-05-Z00Z 09:05am From-ASKINS & ARMSTRONG, PC
Z81 471 Z047
T-543 P.DD7
HDZ
referred to in Section 1 above, whether attributable to a taX year prior to the Conveyance Date or
not (all such taxes described in clause (ii) bein,J referred to herein as t'RoUbldr. Taxes").
3. Exem1)t. PPG has infOlDled the City that it may be exempt 110m any Rollback
Taxes pursuant to Section 23.55 of the Texas Property Tax Code. However, the City hereby
acknowledges and agrees that the foregoins is not a resprescntation. warranty or assumption of
liab1Uty in any manner by'PPG. Further, if'in fact the City or the Property shall be subject to my
imposition as a result of a change in use of the Property, a change in ownership of the Property
or the Property no longer being subject to a special valuatio~ the first sentence of this Section 3
shall not in any ma.nner relieve the City of its assumption and liability for such taxes and in DO
Ciimumtance shall PPG be responsible for the payment of same.
4. Miscellaneous.
(a) This Letter Agreement shall be construed in accordance with the laws of
the State of Tcxas, without regard to principles of conflict oflJws.
(b) This Letter Agreement co~tutes the entire agreement among the Parties
related to the subj~ matter hereof: and supersedes all prior agreements and
understandings, if any,
Very truly yoUIS.
PPG INDUSTRIES, INC., a Pennsylvania
COlpOration
By:
Name:
Title:
ACCEPTED AND AGREED TO
as of the day of
. 2002:
City of La Porte, a municipal colporation
By:G<L-r: ~~
Robert T. Herrera
City Manager
JicI.man\IZll8S92.2
PaQ., 2 of2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: S. Gillett
March 18.2002
~
Appropriation
Agenda Date Requested:
Source of Funds: N/A
Department:
Public Works
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/ A
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits:
First Amendment to Agreement and Lease
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The City of La Porte has an Agreement and Lease for Fixed Base Operations with Tri-Star Aviation, Inc. (formerly
Bayport Aviation) effective from January 1, 1985 to December 31, 2014. The lease is for 11.12 acres and thirty (30)
paved tie-downs.
Tri-Star Aviation has proposed to lease a total of fifty (50) tie-downs and immediately construct two (2) T-hangers
on Sites 1 and 2 as shown on Exhibit "A" of the proposed First Amendment to Agreement and Lease. Exhibit "8" is
the proposed construction schedule for the two (2) T-hangers. Article IX, 1, C. of the original lease contains
provisions for termination of the amendment "If the Lessee shall fail to perform, keep and observe all the covenants
and conditions contained in this Agreement and Lease to be performed, kept and observed by it".
The proposed lease rate for the two- (2) T-hanger sites is $580.69 per year. The lease rate is subject annually to the
Consumer Price Index for all Urban Consumers, with 2001 as the base year. Rental of these sites will commence on
September 1,2002 or upon issuance ofa certificate of Occupancy by the City, whichever occurs first. The lease rate
for the fifty- (50) tie-downs will be 30% of gross revenue or $144.00 per year per tie-down; whichever is greater, for
a total annual rental rate of$7,200.00. The cost of living provision will not apply to the tie-down area.
Finally, the proposed amendment will extend the lease period for additional twenty- (20) years, expiring on March
31,2022.
Tri-Star Aviation has tendered $500.00 for the lease preparation fee. Rental will be billed monthly, and will begin
as outlined in the Agreement.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute the First
Amendment to Agreement and Lease between the City of La Porte and Tri-Star Aviation, Inc.
Approved for City Council Agenda
G\~T, ~
Robert T. Herrera, City Manager
3. t<....o"L
Date
ORDINANCE NO. 2002-~~~~
AN ORDINANCE APPROVING AND AUTHORIZING A FIRST AMENDMENT TO THE
AGREEMENT OF LEASE FOR FIXED BASE OPERATIONS AT THE CITY OF LA
PORTE MUNICIPAL AIRPORT BETWEEN THE CITY OF LA PORTE, LESSOR, AND
BAYPORT AVIATION, INC., PREDECESSOR CORPORATION TO TRI-STAR
AVIATION, INC., LESSEE, EFFECTIVE APRIL 1, 2002, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND 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.
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 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.
./
ORDINANCE NO. 2002 - "S't,)
PASSED AND APPROVED, this 18th day of March, 2002.
ATTEST:
cJJll1f!id1i1MuJ-
City Secretary
!
APPROVED: ;(
z;;?:~rI zJ a,~
Knox W. Askins
City Attorney
By:
CITY OF LA PORTE
~~~
N man L. Malo
Mayor
PAGE 2
FIRST AMENDMENT TO
AGREEMENT AND LEASE
FOR FIXED BASE OPERATIONS
AT CITY OF LA PORTE MUNICIPAL AIRPORT
THIS FIRST AMENDMENT TO AGREEMENT AND LEASE, which was made
and entered into effective as of the 1st day of January, 1985, by
and between the City of La Porte, a municipal corporation organized
and existing under the laws of the State of Texas, hereinafter
referred to as "Lessor", and Bayport Aviation, Inc., predecessor
corporation to Tri-star Aviation, Inc., a Texas business
corporation, acting herein by and through its duly authorized
officers, hereinafter referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the parties have heretofore entered into an Agreement
and Lease for Fixed Base Operation at the City of La Porte
Municipal Airport, dated January 1, 1985; and
WHEREAS, the parties hereto desire to enter into a First
Amendment to said Agreement and Lease, effective April 1, 2002, for
the use of additional premises and facilities at the Airport all as
more fully hereinafter set forth; and
WHEREAS, the parties agree that the Lease Agreement between
the parties dated January 1, 1985, shall remain in full force and
effect, except, and to the extent, amended hereby.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the Lessor and the
Lessee do hereby mutually undertake, promise and agree, each for
itself and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT
The term of this First Amendment to Agreement and Lease shall
be for the period commencing April 1, 2002, and terminating on
March 31, 2022, unless sooner terminated as hereinafter provided.
ARTICLE II - LEASED PREMISES AND FACILITIES
Article II, subparagraph 1, is amended by adding the
following, to-wit:
"The Lessor, in consideration of the compensation and sundry
covenants and agreements set forth herein to be kept and
performed by the Lessee, does hereby, and by these presents,
demise and lease unto the Lessee, upon the conditions
hereinafter set forth, all of which the Lessee accepts, the
exclusive use and occupancy of the Leased Premises, to-wit:
Ramp Area for use as tie-down parking facilities and for fifty
(50) aircraft, and for two (2) T-Hangar sites, T-Hangar site
No.1 being 7,520 square feet, and T-Hangar Site No.2 being
8,930 square feet, identified as "Designated Use Area" on
Exhibit "A" attached hereto and made a part of this
Agreement."
ARTICLE III - RENTALS AND CHARGES
Article III, subparagraph 1, is amended by adding the
following, to-wit:
"For the Leased Premises as described in Article I, above,
being the fifty (50) tie down areas described on Exhibit "A"
to this Amended Lease Agreement, and two (2) T-Hangar sites of
16,450 square feet total, identified as "Designated Use Area"
on Exhibit "A", the following rental:
A. Rental shall be paid annually in advance in an amount of
$265.46 per year, for T-Hangar site No.1, and $315.23
per year, for T-Hangar Site No.2, or $580.69 for the two
(2) T-Hangar sites, based on January 1, 2002, rental rate
of $1,539.41 per acre per year. Rental for subsequent
years under this paragraph years under this paragraph
shall be subject to increase in accordance with any
increase in the Consumer Price Index for All Urban
Consumers, with December, 2001, as a base year. Rental
for the T-Hangar area shall commence on the earliest to
occur of September 1, 2002, or the issuance of a
certificate of occupancy by the City of La Porte;
B. Lessee shall pay to Lessor, as additional rent, a sum
equal to thirty percent (30%) of the gross revenues
obtained from rental of tie-down spaces; provided,
however, Lessee shall guarantee Lessor a yearly rental of
not less than $144.00, multiplied by the 50 tie-downs
leased;
C. Rental for the 50 tie-downs shall be paid monthly, in a
sum equal to 1/12th of the annual rental due, in advance,
on the 1st day of each and every month.
Cost of living indexing shall not apply to the rental and
charges for the tie-down areas."
Article III is further amended by adding thereto, a final
paragraph, which shall read as follows, to-wit:
"The construction schedule for the two (2) T-Hangar sites
shown on Exhibit "A", is attached hereto as "Construction
Schedule (Exhibit "B")", incorporated by reference herein and
made a part hereof for all purposes."
2
Except and to the extent as amended hereby, the Agreement and
Lease for fixed base operation at City of La Porte Municipal
Airport, between the City of La Porte, as Lessor, and Bayport
Aviation, Inc., predecessor corporation to Tri-Star Aviation, Inc.,
as Lessee, shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused these presents to
be signed by their duly authorized representatives.
Lessor:
BY:
APPI}0VED, , . ) c:;, ! '
~t'iz.~, ;A~
Knox W. Asklns
City Attorney
Lessee:
By:
TRI-STAR AVIATION, INC.
Successor to Bayport
AV~~7.d
L. .-----~
Name: ~~
Title: ~~~~~~_~
ATTEST:
3
~
~
~
~
~
~
~
..
.. --\
..
..
..
. --\ \---\
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--\ \---\
--\ \---\
--\ \---\
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:-\ \-
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--
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--
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------
------
EXHIBIT "B"
Lessee's Construction Schedule
Lessee covenants and agrees with Lessor to keep and maintain the following staged
construction milestones in the planning and construction of two (2) T-Hangers shown on
Exhibit "A".
1. Site Plan submitted by April 1, 2002
2. Construction begins by May I, 2002
3. Construction completed by August 1,2002
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: I~ ~h 18./2002
Requested By: Carol Buttler ~
Department: A.dmiDiitrative Servicei
Appropriation
Source of Funds: Employee Health Fund
Account Number: 014-6144-515-6012
Report:
Resolution:
Ordinance:
x
Amount Budgeted: $178.000.00
Exhibits:
Ordinance
Amount Requested: $200.827.00
Exhibits:
Memorandum from The Welch Company
Budgeted Item: YES NO
Exhibits:
Provider Distribution List
SUMMARY & RECOMMENDATION
Each year Council is asked to approve the City's Stop Loss insurance contract, which is due to renew on
April 1, 2002. This insurance would cover payment of all claims for an individual employee or dependent whose
medical and prescription charges exceed $115,000.00 (deductible). The proposed contract includes an aggregate
amount so that if all claims for all employees and dependents exceed $3.59 million (the anticipated attachment
point), the insurance provider would cover 100% of all claims over that amount.
On January 23, 2002, Requests for Proposals (RFP's) were mailed to nine (9) providers of Stop Loss coverage.
On February 21, 2002, four (4) RFP's were received and opened. Houston Casualty Corporation (HCC), the
City's current provider did not submit a proposal by the required deadline.
Standard Security Life Insurance Company was selected as the most responsive offeror of Stop Loss coverage.
This provider proposes an annual premium $178,572.00 to cover individuals whose claims exceed $115,000.00
and $22,256.00 for aggregate coverage. If the City selects both individual and aggregate coverage for the new
contract year, the annual premium would total $200,827.00.
Overall, the City has had minimal loss with claims exceeding the deductible. The City has received $489,184.00
from HCC during the current contract year for an individual's claims incurred during 2000 and 2001. The City
anticipates receiving another $7,900.00 this year for a separate individual's prior claims.
Staff Recommendation
Staff recommends Council adopt an ordinance for Standard Security Life Insurance Company of New York's
proposal, as presented, authorizing the City Manager to execute the policy contract for April 1, 2002 through
March 31,2003.
Action Reauired bv Council:
Adopt an ordinance for Standard Security Life Insurance Company of New York's proposal, as
presented, authorizing the City Manager to execute the policy contract for April 1, 2002 through
March 31, 2003.
Approved for City Council Ae:enda
G~ T \-\~
Robert T. Herrera, City Manager
3. \ Lt . 0"1-
Date
ORDINANCE NO. 2002- as ti ~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BElWEEN THE
CITY OF LA PORTE AND STANDARD SECURITY LIFE INSURANCE COMPANY OF
NEW YORK, FOR A STOP WSS INSURANCE CONTRACT EFFECTIVE APRIL 1,2002;
APPROPRIATING NOT TO EXCEED $200,827.00, TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND 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 not to exceed $200,827.00 from the City of
La Porte Employee Health Services Fund Account No. 014-6144-515-6012 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 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
ORDINANCE NO. 2002- as ~
PAGE 2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 18th day of March 2002.
By:
orman L. Malone
Mayor
ATTEST:
'~~Q.~
City Secretary
,
APPROVED: /1
/~ / ) ~- i;l t
t2~d' U/j c:~,~
Knox W. Askins
City Attorney
Date:
March 12, 2002
The
Wetch
Company
MEMORANDUM
To:
Carol Buttler, Director of Administrative Services
Two Memorial City Plaza
820 Gessner, Suite 1470
Houston, Texas 77024
T: 713.827.8755
F: 713.461.5788
www.thewelchco.com
From:
Neal W. Welch
Subject:
2002 Stop Loss Insurance Coverage
Via E-mail
On January 23, 2002, nine (9) proposals were distributed to the stop loss insurance market. On
February 21,2002, four (4) responses were received during the sealed bid opening. Two (2) other
proposals including the incumbent were received after the published deadline. The foHowing are a
few notes about the proposals, the market and the City of La Porte's health plan.
The Proposals
. Good competitive proposals for consideration
. Vendors were willing to reduce premiums to become more competitive during "Best and Final
Offer" phase of negotiation.
. Security Standard Life presented by American Stop Loss, Inc. appears to be the strongest
proposal based on period of coverage (24 months incurred/12 months paid)
. Requested three levels of specific deductible: $100,000, $115,000 and $125,000
. Annual specific premium is up approximately 27%; aggregate premium is down approximately
30% from last year's proposed rate. Aggregate coverage may be more desirable this year.
. No lasered potential large claimants as proposed last year.
The Market
. Market-wide increases of approximately 25% are common.
. Less competition, fewer stop loss insurance companies.
. Coverage was under-priced for many years.
. International supply of re-insurance funding dwindling.
. September 11th insurance pay-outs depleted funds for insurance.
City of La Porte Health Plan
. Employee participation in plan is growing.
. Employees are using the plan more than in the past.
. Specific deductible is set appropriately for the market responses.
City of LaPorte
RFP Distribution for Stop-Loss
January 23, 2002
Company Phone Date Postage Date
Mailed Rec'd
American Stop-Loss Ken Consigilio
250 Commercial Street, Suite 200 1/23/02 2.65 2/21/02
Worcester, Massachusetts 01608 508-845-9836
HCC Benefits Corporation Chris Slezak
16415 Addison Road, #670 1/23/02 2.65 2/22/02
Addison, Texas 75001-3268 888-941-9532
I Highmark Life & Casualty John Perrin
20405 SH 249, Suite 490 1/23/02 2.65 2/21/02
Houston, TX 77070 281-379-5421
Arbor Benefit Group Karen Harrison-Drews
17218 Preston Road, Ste 400 972-735-3183 1/23/02 2.65 decline
Dallas, Texas 75252
Sun life of Canada Daniel Bowen
440 Louisiana, Ste 1520 1/23/02 2.65 decline
Houston, Texas 77002 713-236-8340 I
Trustmark Insurance Company L. Brent Schultz
363 N. Sam Houston Parkway East 2.65
Suite 1100 281-405-2633 1/23/02 returned
Houston, Texas 77060
R. E. Moulton David Frawley
6311 N. O'Connor, Suite N6 1/23/02 2.65 2/22/02
Irving, Texas 75039 972-869-7630 x.430
Richard Prince 508/845-9836
6 Farmington Drive fax: 508/845-9942 1/23/02 2.65 2/21/02
Shrewsbury, MA 01545 richp1@net1plus.com
ING/ReliaStar Employee Benefits Justin Hansen
3555 Timmons
Suite 240 713-871-8359 1/23/02 2.65 decline
I Houston, TX 77027
The Welch Company
'?'
American ' v Stop Loss
4l Insurance Brokerage Services, Inc.
In connection with brokering Medical Stop Loss Coverage for City of La Porte for
the policy period of April 1 ,2002 through March 31,2003, it is acknowledged that
service fees are included in the quoted monthly specific charges of
$19.57/lndividual, $47.60/Family and monthly aggregate of $4.78/PEPM:
DEDUCTIBLE
$115,000
Specific
Individual Family
Aggregate
PEPM
NET RATE
SERVICE FEE
QUOTED CHARGE*
$17.61
$ 1.96
$19.57
$42.84
$ 4.76
$47.60
$4.30
$0.48
$4.78
*Quoted Charge is the Monthly Billed Charge
City of La Porte
l~T. ~
ht#L~--
American Stop Loss Insurance
Brokerage Services, Inc.
kJ~~
Walter Coolidge, President
Date:
03 flY/ {la(,
I
Date:
3/15 I/)2-
,
V 10/15/01
250 Commercial Street. Suite 200. Worcester, MA 01608. Phone 800-944-7659. FAX 508-799-0161
Email: info@americanstoploss.com · Website: www.americanstoploss.com
411S Madilllll Aw:Ilue
New YaJk, NY 10022
APPUCATION FOR EXCESS LOSS lNSURANCE
I. Name of Applicant:
City of LaPorte
Address: LaPorte
(City)
TX
(State)
77571
(Zip)
2. Inclustry/Business Type and Description:
Municipality
3. Name and Addresses of Subsidiaries to be covered:
Name Address (CityJ State. Zip)
4. Number of Employees at. all Locations listed above: Single: .l1..-8
Composite: _
Family: 2 60
COBRA Continuc:cs:
Retirees;
S. NamcofAdministrator: Texas Municipal League
Address: Aust i n
(City)
TX
(State)
78754-5151
(Zip)
6. Proposed Effective Date of the Policy:
April 1, 2002
1. Benefit Description:
[Xl Medical [ ] Dental [ ] Weekly Income [] Vision
[x] Prescription Drugs [ ]
SL-2001-APP
1
(6/01)
A. AGGREGATE EXCESS LOSS INSURANCE
8. BENEFITS rOBE INCLUDED; Yes No
1. Medical............................................. m I:l
2. Dental............................................. D 0
3. Weekly Income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 0
4. Vision.............................................. 0 0
5. Prescription Drug Card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. [3l1 0
6. Other............................................... 0 0
Description:
9. Maximmn Aggrcga~ Bendit . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 000 , 000
10. Benefit percentage payable ... ... . .... ... __ . . .. __ __.... 100%
11. Policy BasislBcncfit Period (check one):
o Covered expalScs incuacd during the Policy year
and paid during the Policy~.
o Covered cxpCDSCS paid during the Policy year.
m Covered apenscs incurred within the J.. month
period prior to coverage effective date and paid during the Policy year.
o Cova-cd expCDKS incurred during the Policy year
and paid within _ months after the Policy year.
THE APPLICANT AGREES AND ACKNOWLEDGES THAT, DEPENDING UPON THE COVERAGE
SELEcrED AND THE TERMS OF ANY EXPIRING COVERAGE OR COVERAGE THE APPLICANT MAY
ELECf IN THE FUTURE, THE APPLICANT MAY EXPERIENCE LOSSES THAT ARE NOT COVERED
UNDER THE POLICY, WHEN ISSUED, OR UNDER ANY SUCH PRIOR OR SUBSEQUENT COVERAGE.
12. Annual aggregate prenUum. . . , ............... . . . . . . . . . .....
$20,020.80
13. Monthly aggregate prenpum per employee. . . . . . . . . . . . . . .
~4.30
14. Aggregate monthly factors. . . . . . . . . . . . . __ . . . .. . . .. __.. Single:
Family:
Composite: 772. 7 3
$3,597,831
15. Minimum Attachment Point. . . . . . . . . . . . . . . . . . . . . . . . . . .
B. SPECIFIC EXCESS LOSS INSURANCE
16. Deductible per covered person.. __ .. . . .. .. . . .. . .. .. . __ . $ 11 5 , 000
17. Maximum specific benefit minus the deductible. . . . . . . . . .' .
$885,000
100%
18. Benefitpercentagepayable....,.................... ...
19. Expense eligibility claim basis (check one):
[J Covered expenses incurred during &he Policy year
SL-2001-APP
2
(6/01)
and paid during the Policy year.
CI Covered expenses paid during the Policy year.
m Covered expenses incurred within the J.1. month
period prior to coverage effectm date and paid during the Policy year.
o Covered expenses incurred during the Policy year
and paid within _ months aftc:c the Policy year.
l1IE APPLICANT AGREES AND ACKNOWLEDGES THAT, DEPENDING UPON THE COVERAGE
SELECI'ED AND THE TERMS OF ANY EXPIRING COVERAGE OR COVERAGE THE APPLICANT MAY
ELECr IN THE FUTURE, THE APPLICANT MAY EXPERIENCE LOSSES THAT ARE Nor COVERED
UNDER THE POLICY, WHEN ISSUED, OR UNDER ANY SUCH PRIOR OR SUBSEQUENT COVERAGE.
20. Spcx:ificprcmimnrates. ... . . . .. . . .. . .. .. Single; 17.61
Family: 42.84
COI:rIpositc:
$15,060.88
21. A deposit of is enclosed to apply to the first payment undcr the Policy, ifissucd, subject to the requirements
below. If the Application is not accepted, the deposit will be returned.
1t is undctstood and a~ that as a condition precedem to 1he approval of the Appfu:alion that:
a) Any Excess Loss Insurance resulting from this Application shall be as descnbed in and shall be subject to the terms
and provisions of the Policy. when issued. Such Policy shall become effective on the date specified in this
Application; provided. that, including. without limitation; (1) a true and cmrcct Disclosure Statement has been
received. (2) the undc:rwriting rcquircmcms have been satisfied. (3) the required premimns have bc= paid, (4) a copy
of the executed Plan is received and acceptable to the Company pursuant to paragraph b below, and (5) the Policy has
been issued.
b) Within [ninety days] from the date oftbis Application, the Applicant shall furnish to CFE M2J12gement LLC or
Standard Security Life Insurance Company ofN~ Yotk, (the Company), for its approval, a copy of the executed
employee benefit plan (the; Plan) dcscnoing the benefits provided by the Plan. The Plan shan be kept on file in the
o~ of CFE Madsaement LLC or the Company. No Policy will be released nor claim reimbursed unUl such time
as acceptable Plan is RCeivcd and accepted by the Company- If a copy oftbc; Plan is not received by CFE
Management LLC or the Company within [ninety days] from the date oftbis Application. all premium w1l1 be
refundc:d anc:l coverage will be automaticany null and void retroactive to the proposed effective date. if in the sole
judgment of CFE Management LLC or the Company there is a matmal vatiance between the provisions of the Plan
received by CFE ManageJDtnt LLC or the Cotnpany, and the plan provisions upon which the terms and rdtcs ofthc:
aggregate and specific Q{teSs coverage Wel'C based, CFE Management LLC or the Company may. at its option.
notify the Applicant of such variances and decline to release the Policy until such time as an amended Plan is received
and accepted and, in the event such aIDemdP.d, Plan.is not reccivcd and accepted by CFE Management LLC or the
Company within [thirty days] of such notice, all premium will be refunded and coverage will automatically be null and
void retroactive to the proposed effective date.
c) The Applicant WIll provide or employ supervision and claim adminisU'ation facilities acceptable to CFE
Management LLC or the Company to administer the Plan and to process and pay claims a.ccardiog to the Plan.
d) The receipt by the Company ofk <kpositlisted in item number 21 oftbis Application and the deposit of any check.
SL-2001-APP
3
(6101)
drawn in connection with this App~tion shall not constitute an acceptance ofllability. In the event that the
C~atIY docs not approve this App1icatiOltt its sole obligation shaD. be to refUnd the deposit to the Applicant
e) The App1ican.t represents that the statements and declarations made in this Application, the Disclosure Statement, and
in the Plan n:ferred. to in this Application arc true and wmp1ete and that the Policy. when issued, WIll be issued in
reliance upon the tnzth and completeness of such ~tanents and dec1ar.nions. The Disclosure Statemco.t, this
Application and the Plan shall fann a part of the Policy. and the Policy shall embody all agreements existing between
the Applicant and the Company, or any of their respective agents, relating to this Excess Loss Insurance for wbieh this
Application is being made.
1) Any person who knowingly and with inte:nt to defraud ~ insurance company or other pasou files an application for
insurance or statement of claim containing any materially false infonnation. or concc:a1s for the pwpose of misleading.
information conccming any fact material thereto, commits a frauduk:nt insurance act, which is a crime, and shan also
be subject to a civl1 penahynot to exceed five thousand doDars and the stated value oftbe claim for each such
violation.
The Applicant represents that it, directly or through its authorized agent. has read this Application in its entirety and bas
been given the opportunity to ask my questions it may have. The Applicant further l.IDCbstands that the insurance
requested docs not start unless this Application is approved and accepted by CFE Management LLC or the Company.
Dated at:
3/ l~
Cay or TY\CLI{~ ;LooJ-
Applicant (print ortypc name) C i t Y 0 f LaP 0 r t e
ApplicantSignature: /f-4?1~.~_~-~
By: tJ 0 R m V1N L ~ mf>>lOYl/'6
Title; -_mOAf-t (
Q~ r: ~. C.t\I\.
;
u-.dAgmt'sN_~): EJd;~e
Licensed Agent's Slgn~: _
Dated at: ?/I~ /02- day of
I '
SL-ZOOI-APP
4
(6/01)
TOTAL P.la5
July 31, 2002
Carol Buttler
Director of Administrative Services
City of La Porte
P.o. Box 1115
La Porte, Texas 77252-1115
RE: Standard Security Life Insurance Company of NY
Excess Loss Insurance Policy
#CFE-730- TX
Dear Carol:
Enclosed is the original Excess Loss Insurance Policy with Standard Security Life
Insurance Company of New York as per the City Council approval March 2002
for the effective date of April 1 , 2002. Please keep this for your files.
If you have any questions do not hesitate to give me a call.
Regards,
ciK6-
Enclosure
c: JoAnna Benavides, TML
Employee Benefits Consulting
Jf. @...,..................,
.. '. ... ... ..'.
i N}... ."S
The
Welch
Company
Two Memorial City Plaza
820 Gessner, Suite 1470
Houston, Texas 77024
T: 713.827.8755
F: 713.461.5788
www.thewelchco.Com
CFE MANAGEMENT LLC
Wednesday, July 24, 2002
Mr. Norman Malone
Mayor
City of LaPorte
604 West Fairmont Parkway
LaPorte, TX 77571
Re: Group Name: City Of LaPorte
Policy No.: CFE-730-TX
Effective Date: April 01, 2002
Dear Mr. Malone:
Based on the information contained in the Disclosure Statement (and any attachments thereto),
Standard Security Life Insurance Company of New York ("SSLICNY) agrees to waive the Actively-
at-work requirement of the above Policy (as described in Section 5 - "Exclusions and Limitations",
Item 4) as to all enrollees and their enrolled dependents as of the Effective Date of the Policy.
This waiver shall, however, not apply to any individuals who are not Actively-at- Work on the date
the Disclosure Statement was executed and whose identity, condition, diagnosis and/or prognosis
were not accurately disclosed on the Disclosure Statement delivered to CFE Management LLC or
SSLICNY.
Sincerely,
CFE Management LLC
55 West 19th Street. 2nd Floor. New York, New York .10011
Tel. No. (212) 584-9125 . Fax No. (212) 584-9116
STANDARD SECURITY LIFE INSURANCE COMPANY OF NEW YORK
(a New York Stock Life and Health Insurance Company)
Home Office:
485 Madison Avenue
New York, New York 10022
212-355-4141
POLICY NUMBER: CFE-730-TX
POLICYHOLDER: City of LaPorte
POLICY PERIOD: April 01, 2002 through March 31, 2003
EFFECTIVE DATE: April 01, 2002
EXPIRATION DATE:March 31,2003
ANNIVERSARY DATE: April 01,2003, and on the same day each year after.
PREMIUM DUE DATE: April 01,2002, and on the same day each month.
STATE OF DELIVERY: Texas
This Policy is a legal contract. We issue it in consideration of: (1) Your Application, (2) Your Disclosure
Statement, and (3) Your payment of premiums when due. This Policy, Your Application, Your Disclosure
Statement, and a copy of the Plan form the entire agreement between Us.
In issuing this Policy, We have relied upon the information (including, without limitation, information in
the Disclosure Statement, Your Application, and the Plan) provided to Us by: (1) You, (2) Your
Administrator, and (3) Your agent or broker. We have also relied on this information being both complete
and accurate. If the information was incomplete or incorrect, We shan have the immediate right: (1) to
modify the Policy to reflect the complete or correct information, or (2) to tenmnate the Policy upon
written notice.
We agree to make payments in accordance with the provisions of this Policy.
In this Policy, "You" and ''Your'' refer to the Policyholder, and 'We", "Us", and "Our" refer to Standard
Security Life Insurance Company of New York.
This Policy is issued and governed by the laws of the state of delivery as indicated above.
Signed for Standard Security Life Insurance Company of New York as ofthe Effective Date.
~~.
Rachel Lipari
President
ra-=-r~
David Kettig
Secretary
EXCESS LOSS INSURANCE POLICY
Non-Participating
SL-200l
1
(6101)
TABLE OF CONTENTS
SECTION I-SCHEDULE OF EXCESS LOSS INSURANCE
SECTION 2-DEFINITIONS
SECTION 3 - AGGREGATE EXCESS LOSS INSURANCE
SECTION 4-SPECIFIC EXCESS LOSS INSURA.cl\lCE
SECTION 5-EXCLUSIONS AND LIMITATIONS
SECTION 6- TERMINATION
SECTION 7-PREMIUMS
SECTION 8-YOUR DUTIES
SECTION 9-GENERAL PROVISIONS
3
5
8
9
10
12
13
14
15
SL-200l
2
(6/01)
SECTION l-SCHEDULE OF EXCESS LOSS INSURANCE
(hereinafter referred to as the "Schedule")
POLICYHOLDER: City of LaPorte
ADDRESS: LaPorte, TX 77571
ADMINISTRATOR: Texas Municipal League
ADDRESS: 1821 Rutherford Lane, Suite 300
Austin, TX 78754
ALL AMOUNTS AND NUMBERS SHOWN IN THIS SCHEDULE APPLY ONLY TO THE POLICY
PERIOD IN EFFECT. A NEW SCHEDULE WILL BE ISSUED FOR EACH NEW POLICY PERIOD.
A. [Xl AGGREGATE EXCESS LOSS INSURANCE:
1. BENEFITS COVERED:
X Medical Dental
X Prescription Drugs
_ Weekly Income
Vision
2. POLICY BASISIBENEFIT PERIOD:
EligIble Expenses Incurred from January 01, 2002 through March 31, 2003; and
EligIble Expenses Paid from April 01, 2002 through March 31. 2003
If this Policy terminates prior to the Expiration Date. no Aggregate Excess Loss Benefits
will be payable and premium paid will not be refundable.
3. INITIAL AGGREGATE ATTACHMENT POINT: $3,597.831
4. MINIMUM AGGREGATE ATTACHMENT POINT: $3,597,831
5. BENEFIT PERCENTAGE PAYABLE IN ACCORDANCE WITH SECTION 3: 100%
6. MAXIMUM AGGREGATE BENEFIT (WHILE COVERED, AND WHILE THIS
POLICY IS IN FORCE): $1,000,000
7. AGGREGATE MONTHLYFACTOR(S): Composite: $772.73
Covered Units/enrollment:
Composite: 388
8. AGGREGATE MONTHLY PREMIUM (PER EMPLOYEE): $4.30
9. AGGREGATE LOSS LIMIT: $115,000
10. PAYMENT MODE: Monthlv
SL-2001
3
(6/01)
B. [Xl SPECIFICIINDIVIDUAL EXCESS LOSS INSURANCE:
1. BENEFITS COVERED: Medical and Prescription Drugs
2. POLICY BASIS/BENEFIT PERIOD:
Eligtble Expenses Incurred from April 01. 2001 through March 31. 2003; and
Eligible Expenses Paid from April 01. 2002 through March 31. 2003.
If this Policy terminates prior to the ExPiration Date, the Benefit Period will not extend past
the date of termination. In addition, the deductIble per Covered Person will apply as if the
Policy were in force for the entire Policy Vear.
3. DEDUCTIBLE PER COVERED PERSON: $115.000
4. BENEFIT PERCENTAGE PAYABLE IN EXCESS OF THE SPECIFIC
DEDUCTIBLE: 100%
5. MAXIMUM SPECIFIC BENEFIT PAYABLE MINUS THE SPECIFIC
DEDUCTIBLE (pER LIFETIME PER COVERED PERSON), WHILE THIS
POLICY IS IN FORCE: $885.000
6. SPECIFIC MONTHLY PREMIUM RATE:
Single: $17.61 Family: $42.84
Est. Covered Units/enrollment: Single: 128 Family: 260
[ l OPTIONAL RIDERS ELECTED: None
SL-200l
4
(6/01)
SECTION 2-DEFINITIONS
ADMINISTRATOR means an organization which has been retained by You and approved by Us to
provide claim and administrative services for You.
AGGREGATE MONTHLY FACTOR means the amount applicable to each Covered Person as shown in
the Schedule.
ANNUAL AGGREGATE ATTACHMENT POINT which is determined at the end of the Policy Year
and is an amount equal to the product of the Aggregate Monthly Factor times the number of Covered Units
for each applicable month during the Policy Year. The Annual Aggregate Attachment Point is stated in the
Schedule and is descnbed in Section 3. This amount is that portion of the EligIble Expenses not covered by
this Policy and entirely retained by You for the total Number of Covered Units in each Policy Year.
APPLICATION means the application for excess loss insurance submitted by You to Us in connection
with the issuance of this Policy.
BENEFIT PERCENTAGE PAYABLE means the factor that determines the amOlmt of the Maximmn
Benefit payable to You as shown in the Schedule. Separate benefit percentages may apply to either the
Aggregate Excess Loss or to the Specific Excess Loss.
BENEFIT PERIOD means the period of time, as shown in the Schedule, during which a covered expense
must be Incurred, and/or Paid to be eligIble for reimbursement under this Policy.
COVERED MONTH is determined from the Effective Date. Each new Covered Month 'will begin on the
date which corresponds with the Effective Date. If there is no such date in any applicable month, then the
last date of that month will be used.
COVERED PERSON means an eligIble employee or eligIble dependent(s) .
COVERED UNIT includes an eligIble employee, eligIble employees and their dependents or such other
defined individuals as specifically agreed upon between You and Us.
DISCLOSURE STATEMENT means the disclosure statement submitted by You to Us in connection with
the issuance of this Policy.
ELIGIBLE EXPENSES means the reasonable and customary charges covered by the Plan and incurred by
a Covered Person while insured under the Plan for medically necessary treatment, services and/or supplies
prescnbed by an attending physician.
EFFECTIVE DATE means the date the coverage begins as stated in the Schedule.
EXPERIMENTAL or INVESTIGATIVE means care, procedures, treatments, or technology that are not
widely recognized and accepted as effective, safe and appropriate for the injury or illness by the medical
profession in the U.S., that are in research or Investigative stage, or conducted for research or similar
purposes; or for which the patient has been asked to give, or has signed, a release or other document,
indicating that the treatment is Experimental or Investigative or other similar tenn.
In determining any of the criteria stated above We will rely on recognized medical sources such as, but not
limited to the American Medical Association, the Council of Technology Assistance Program and the
SL-200l
5
(6/01)
Council on Medical Special Services, the National Institute of Health, Medicare, the Food and Drug
Administration; and other accepted medical authorities and sources.
INCURRED means the date on which an EligIble Expense was rendered to a Covered Person.
INITIAL AGGREGATE ATTACHMENT POINT means the annual aggregate attachment point as
calculated on the Effective Date based upon the number of Covered Units at that time multiplied by the
corresponding attachment factors and multiplied by twelve.
LATE ENROLLEE means any individual who makes a written application for coverage under the Plan
more than a specified number of days (as indicated in the Plan) after first becoming eligible for coverage
under the Plan.
LOSS OR LOSSES mean amounts Paid, in accordance with the Policy Basis/Benefit Period shown on the
Schedule, by You or the Administrator on Your behalf for benefits under the Plan, in settlement of claims
for benefits under the Plan; or in satisfaction of judgments for benefits under the Plan.
LOSS OR LOSSES, HOWEVER, DOES NOT INCLUDE:
1. any payment which does not strictly comply \-vith L~e provisions of the Plan; or
2. any payment for which there is any other insurance, reinsurance or plan established pursuant to
federal, state or local law or any other indemnity against Loss which would, except for the existence
of this Policy, indemnify the Insured; or
3. extra-contractual damages of any nature, compensatory damages, exemplary and punitive damages
or liabilities of any kind whatsoever, including but not limited to those resulting from negligence,
intentional wrongs, fraud, bad faith or strict liability on the part ofY ou, Your Administrator or Your
agent or broker; or
4. salaries paid to Your employees as well as Your claim and administrative expenses; or
5. litigation costs and expenses.
MAXIMUM AGGREGATE BENEFIT means the amount stated in the Schedule.
MAXIMUM SPECIFIC BENEFIT means the amount stated in the Schedule.
MINIMUM AGGREGATE ATTACHMENT POINT means an amount equal to 95% of the product of
the Initial Enrollment of the first Covered Month of the Policy multiplied by the corresponding Aggregate
Monthly Factor multiplied by twelve.
MONTHLY AGGREGATE ATTACHMENT POINT means an amount equal to the product of the total
Number of Covered Units per Covered Month of a Policy Year multiplied by the corresponding Aggregate
Monthly Factor.
NUMBER OF COVERED UNITS means the total Covered Units existing in anyone Covered Month and
will be determined on a monthly basis in accordance with the definition of Covered Units; and the eligibility
requirements of the Plan.
SL-2001
6
(6/01)
PAID (Payment) means that a claim has been adjudicated by the Administrator and the fimds are actually
disbursed by the Plan prior to the end of the Benefit Period. Payment of a claim must be unconditional and
directly made to a Covered Person or their health care provider(s). Payment will be deemed made on the
date that both You or Your Administrator directly tenders payment by mailing (or by other form of delivery)
a draft or check; and the account upon which the payment is drawn contains, and continues to contain,
sufficient funds to permit the check or draft to be honored by the institution upon which it is drawn.
PLAN means the employee benefit plan You provide Your eligtble employees and their eligtble
dependents, as defined in this Policy, which has been received and accepted by Us.. Plan does not include
life insurance, accidental death and dismemberment insurance, long and short-term disability insurance
coverages, or fully insured major medical insurance coverages.
POLICY YEAR means the specified period of time during which the coverage provided under this Policy
is in effect, as stated in the Schedule.
SPECIFIC DEDUCTIBLE AMOUNT means the amount shown in the Schedule.
SL-200l
7
(6/01)
SECTION 3 - AGGREGATE EXCESS LOSS INSURANCE
If at the end of a Policy Year, Losses exceed the Annual Aggregate Attachment Point or the Minimum
Aggregate Attachment Point shown in the Schedule, We will pay You an amount equal to:
1. the amount by which Losses Paid during the Policy Year exceed the applicable Annual Aggregate
Attachment Point or the Minimum Attachment Point, whichever is greater. multiplied by.
2. the Benefit Percentage Payable and shown in the Schedule, subject to
3. the Maximum Aggregate Benefit as shown in the Schedule.
Payment of Policy benefits is:
1. subject to all tenns, conditions, limitations and exclusions in this Policy, and
2. contingent upon Our receipt of satisfactory proof of Loss (including, without limitation, an on-site
audit), and Your request for reimbursement.
Losses Paid under this Section 3 during any Policy Year will be detenrined according to the Policy
BasislBenefit Period, and will not include any amount paid or payable by Us to You for the applicable
Policy Year for Specific Excess Loss Insurance according to the terms in Section 4 of this Policy.
If this Policy terminates prior to the Expiration Date as shown in the Schedule no Aggregate Excess Loss
Benefits will be payable.
SL-2001
8
(6/01)
SECTION 4-SPECIFIC EXCESS LOSS INSURANCE
If during the Policy Year, or any fraction of a Policy Year, Losses for any Covered Person exceed the
Specific DeductIble Amount shown in the applicable Schedule, We will pay a benefit for such Covered
Person in an amount equal to:
1. the amount by which Losses Paid during the Policy Year exceed the Specific DeductIble Amount as
shown in the Schedule multiplied by:
2. the Benefit Percentage Payable, subject to
3. the Maximum Specific Benefit as shown in the Schedule.
Payment of Policy benefits is:
1. subject to all terms, conditions, limitations and exclusions in the Policy and the Plan, and
2. contingent upon our receipt of satisfactory proof of Loss andYour request for reimbursement, and
3. determined, for any Covered Person during the Policy Year, according to the Policy Basis/Benefit
Period.
Payment will not include any amounts paid or payable by Us to You for Aggregate Excess Loss
Insurance according to the terms in Section 3 of this Policy.
If this Policy terminates prior to the Expiration Date, the Benefit Period will not extend past the date of
termination. In addition, the deductIble per Covered Person will apply as if the Policy were in force for the
entire Policy Year.
SL-2001
9
(6/01)
SECTION 5-EXCLUSIONS AND LIMITATIONS
Our liability under this Policy will not be increased if the Plan provides more liberal exclusions and
limitations provisions.
In addition to the exclusions and limitations provided under the Plan, this Policy will not cover any of the
following (unless such exclusion or limitation is specifically waived by rider or endorsement):
1. Deducnbles, co-payment amounts, or any other charges which are not payable under the terms of the
Plan or charges which are payable by the Plan, or to You from any other source.
2. Charges for Experimental or Investigative services, treatments or supplies; or drugs which have not
been approved by the Food and Drug Administration.
3. Any conditions for which benefits of any kind are paid or payable, by judgment or settlement, under
any Worker's Compensation or Occupational Law, even if the Covered Person fails to claim his or
her rights to such benefits.
4. Clairro.s for a Covered Person who, on the date that coverage ll..l1der tPis Policy would othef'Nise
begin, is an employee who is not actively at work at his or her normal job or is a retired employee or
dependent of an employee who is unable to perform the normal activities of a person of like age or
sex.
No benefits will be provided for any charges Incurred until the day after the date that such Covered
Person if an employee returns to active work on a full-time basis or if a retired employee or
eligIble dependent of an employee is able to perform the normal activities of a person oflike age
and sex.
5. Charges resulting from any extra or non-contractual damages or legal fees and expenses for the
defense thereof, or any fines or statutory penalties.
6. Any procedure or treatment to change physical characteristics to those of the opposite sex, or any
other treatment or studies related to a sex change or treatment of sexual disorders.
7. Any services funnshed by an institution wInch is prinmrily a rest home, a place for the aged, a
nursing home, a convalescent home, a place for custodial care, or any other place of like character.
8. Services or expenses for charges Incurred as a result of suicide or attempted suicide, whether sane or
insane; or intentional self-inflicted injury or illness.
9. Injury or illness which occurs due to a Covered Person's commission of, or attempt to commit a
criminal act or wllile a Covered Person is engaged in an illegal activity.
10. Legal expenses of any kind or description, including legal expenses related to or Incurred for the
confinement of a Covered Person or any compulsory process to adopt, abstain from, or cease to
continue a particular mode of treatment, care or therapy.
11. Services done for cosmetic purposes, unless performed to correct functional disorders or congenital
anomalies; or due to accidental injury occurring wllile that individual is a Covered Person.
SL-200l
10
(6/01)
12. Expenses for hearing aids.
13. Treatment for obesity and/or eating disorders.
14. Expenses for artificial insemination, invitro fertilization, gamete or zygote intrafallopian transfer, or
reversal of voluntary sterilization.
15. Transplants of non-human, mechanical or artificial organs or tissue.
16. Expenses arising out of, caused by, contnbuted to or in consequence of war, declared or undeclared,
civil war, hostilities, or invasion.
17. Expenses for any COBRA continuee or retiree whose continuation of coverage was not offered in a
timely manner or according to COBRA regulations.
18. Expenses incurred as a result of any lost savings or discounts offered by a facility or provider due to
untimely payment of the bill by You or Your Administrator.
19. Expenses for which benefits are not payable under the Plan because of an exclusion for expenses
incurred due to a pre-existing condition as defined in the Plan.
SL-200l
11
(6/01)
SECTION 6- TERMINATION
This Policy and all Policy benefits will terminate upon the earliest of:
1. on any premium due date, if the premium due on that date is not paid in full by the end of the Grace
Period;
2. the premium due date following Our receipt of Your written notice to cancel or terminate this
Policy;
3. on any premium due date We specifY if We give You at least thirty-one days advance written notice
to cancel or terminate this Policy;
4. the end of the Policy Year as shown in the Schedule;
5. the date oftennination of the Plan or the Policy;
6. the date that You suspend active business operations or become insolvent or a bankruptcy action is
commenced (whether voluntary or invohintary).or You are in liquidation or receivership;
7. the date that You do not pay claims or make funds available to pay claims as required by the Plan;
or
8. the date on which Your employees are covered under another employee benefit plan or fully insured
medical program.
In addition, this Policy shall automatically terminate upon the cancellation of the agreement between You
and the Administrator, unless We have, prior to such cancellation, agreed in writing to Your designation of a
successor Administrator.
SL-2001
12
(6/01)
SECTION 7-PREMIUMS
PAYMENT OF PREMIUMS
No coverage under this Policy shall be in effect until the fIrst premium for the Policy is paid For coverage
to remain in effect, each subsequent premium must be paid on or before its due date. You are responsible
for paying premiums when they become due. Premium due dates are determined from the Effective Date.
Each premium due date is the same day of each month corresponding with the Effective Date. If there is no
such date in any applicable month, the last day of that month shall be used
GRACE PERIOD
We will allow a thirty-one day Grace Period for the payment of each premium due after the payment of the
fIrst premium DurL.'lg this Grace Period, this coverage shall remain in effect. If any premium is not paid
within this thirty-one day period, coverage under this Policy will automatically terminate without further
notice. Such termination will be effective as of the premium due date immediately following the end of the
last period for which the minimum monthly premium has been paid.
PREMluMAATE CHANGE
We have the right to modify Aggregate Monthly Factor(s) or SpecifIc Monthly Premium Rates on any of the
following dates:
1. the effective date of any change in benefIts or other amendment to the Plan; or
2. the date that You acquire or dispose of any subsidiary, affIliated company, corporate division or
assets relating thereto; or
3. any Anniversary Date as shown on the cover page ofthis Policy; or
4. any premium due date, when there is a ten percent or more change in the number of Covered
Persons during a Policy Period; or
5. at such time as We determine that the last two months of claims in the preceding Policy Period vary
by more than ten percent from the average monthly paid claims for the prior ten months.
SL-2001
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(6/01)
SECTION 8-YOUR DUTIES
You shall be responsible for the investigating, auditing, calculating, and paying of all claims, and the
defense of any legal action instituted against You.
You shall maintain and make available to Us, at all times, such information and records as We may
reasonably require evidencing Your proof of payment of amounts which qualify for coverage under this
Policy.
You shall maintain a record of any and all amounts paid in excess of payments required by the Plan.
You shall prepare and submit to Us the following:
1. a monthly report of the total claims paid during the month,
2. a monthly report of the total number of Covered Units under the Plan during the month,
3. any other report as required by Us, and
4. any notice of claim as required under this Policy.
You shall maintain records reasonably required by Us and shall fiuTlish to Us upon Our request, all pertinent
data with respect to Covered Persons.
You shall immediately notify us if You acquire or dispose of any subsidiary, affiliated company, corporate
division or assets relating thereto.
You shall immediately notify Us of the date that You suspend active business operations or become
insolvent or a bankruptcy action is commenced (whether voluntary or involuntary) or You are in liquidation
or receivership.
You shall immediately notify Us if the Plan is amended or terminated.
If You do not give Us notice of amendment of the Plan Our liability is limited to the lesser of the benefits
payable: a) under the Plan as revised; or b) as if the Plan had not been amended.
You may retain an Administrator as Your agent to perform any or all of the duties listed in this Section. We
are not liable under this Policy for any charges or expenses that may be incurred by You and/or Your
Administrator for the performance of these duties.
You and the Plan acknowledge that:
1. The Administrator is not Our agent.
2. Payments by or notices from Us to the Administrator are deemed received by You upon receipt
by the Administrator. Payments from You to the Administrator are not deemed received by Us.
We act only as a provider of excess loss insurance coverage to the Plan. We do not act as a
fiduciary. We do not assume any duty to perform any of the timctions or provide any of the
reports required by the Employee Retirement Income Security Act of 1974 (ERISA), as amended.
3. We must approve a change in Administrator prior to its occurrence.
SL-2001
14
(6101)
SECTION 9-GENERAL PROVISIONS
ENTIRE CONTRACT
This Policy, Your Application, Your Disclosure Statement and a copy of the Plan constitute the entire
contract between the parties.
No change in the Plan, made after the Effective Date, shall have any effect on benefits payable under this
Policy, unless a copy of such change has been submitted to and approved in writing by one of Our officers
or Our authorized representative.
This Policy does not create any right or legal relationship whatsoever between Us and a Covered Person or
beneficiaries under the Plan. We shall not have any responsibility or obligation under this Policy to directly
reimburse any Covered Person, or provider of professional or medical services for any benefits which are
provided under the terms of the Plan. Our only liability under this Policy is to You. Only one of Our
officers may change this Policy. No change shall be valid tmless the change is agreed to by Our President,
Vice President or Secretary in writing.
OTHER INSURANCE
The insurance coverage provided by this Policy shall be excess over any other valid group health, excess
insurance, or group indemnity coverage unless such other coverage is specifically issued to be in excess of
the insurance provided by this Policy.
NOTICE
For the purpose of any notice required under this Policy, notice to the Administrator is notice to You, and
conversely, notice to You is notice to the Administrator.
EXAMINATION OF RECORDS
Your books and records, and the books and records of all of Your agents and representatives pertaining to
the Plan and/or insurance provided by this Policy shall be available to Us and Our representatives during
Your regular business hours for inspection and audit.
AMENDMENTS TO THE PLAN
Amendments to the Plan are not covered under this Policy unless We have approved the proposed change in
writing; and You have agreed to pay any additional premium or to accept a higher Aggregate Monthly
F actor( s) as a result of the Plan change.
CLERICAL ERROR
Clerical error win not invalidate insurance otherwise in effect nor continue insurance validly terminated. A
clerical error does not include intentional acts or the failure to comply with the Plan or this Policy. If an
error is discovered, an equitable adjustment in premium will be made. If a premium and/or factor(s)
adjustment involves the return of unearned premium, the amount of the return will be limited to the
premium for the twelve month period which precedes the date that We receive proof that such an adjustment
should be made.
SL-2001
15
(6/01)
CONFORMITY WITH STATE STATUTES
If any provision of this Policy or its Effective Date conflicts with any applicable law, the provision will be
deemed to conform with the minimum requirements of such law.
ASSIGNMENT
Your interest under this Policy is not assignable and any attempt to assign Your interest shall be null and
void.
NON-PARTICIPATING
You are not entitled to share in Our surplus earnings.
NOTICE OF POTENTIAL CLAIM
You shall give Us a written notice of any potential claim within thirty days of the date You become aware of
the existence of facts which would reasonably suggest the possibility that expenses covered under the Plan
will be Incurred for which benefits may be payable unuer this Policy, and is equivalent to or exceeds fifty
percent of the Specific DeductIble .A.mOlL'1t.
This notice shall include:
1. name of the Covered Person;
2. date of accident or onset of sickness;
3. nature of injury or sickness; and
4. estimated total cost of claim.
Your failure to furnish written notice of a potential claim within thirty days shall not invalidate or reduce the
claim if it was not reasonably possible to give such notice within such time; provided that written notice is
furnished to Us as soon as reasonably possible.
CLAIMS
We shall have the sole authority to payor deny claims which exceed any Aggregate Attachment Point or
Specific DeductIble Amount. Claims shall be administered by Us or Our authorized representative. Claims
must be submitted within thirty days after You have paid EligIble Expenses on behalf of any Covered
Person. Weare not obligated to reimburse a claim submitted after such period. However, We will
reimburse such claim in the event You show that timely submission was not possible, and You made the
submission as soon as possible.
In no event will We reimburse claims submitted more than one year after proof of the claim was
othenvise due. All benefits \\ril1 be paid to You as they become payable under this Policy.
Any objection, notice of legal action, or complaint, which is received on a claim processed by You or Your
Administrator and on which it reasonably appears that benefits will be payable under this Policy, shall be
brought to Our immediate attention.
SL-2001
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(6/01)
[CASH LOSS LIMIT
When a claim has been submitted to Us which is in compliance with all other terms and conditions of this
Policy and, provided that You have Paid to the providers of services or supplies to which the claim relates
all amounts equal to the Specific Deducuble Amount, You may request in writing and We will consider
advancing to You the remaining eligible unpaid balance of the claim]
LEGAL ACTION
No legal action to recover any benefits may be brought until sixty days after the date that written claim for
benefits has been given to Us. No legal action may be brought more than three years after the Incurred date
of the Loss for which benefits are claimed.
RENEWAL
At the end of a Policy Year, a subsequent Policy Year may be agreed to by You and Us. The Schedule in
Section 1 will be amended to show the coverage and terms in effect during each subsequent Policy Year.
SUBROGATION
You shall pursue any and all valid clain1S against third parties arising out of any occun-ence resulting in a
Loss payment under the Plan in accordance with applicable law. You shall account for any amounts
recovered. Should You fail to pursue any valid claims against third parties for good cause and We then
become liable to make payment to You under the terms and conditions of the Policy, then We shall be
subrogated to all of Your rights to the proceeds of a third party settlement or satisfied judgment; but only to
the extent that said settlement or judgment specifically allocates a portion thereof to Eligtble Expenses
Incurred by a Covered Person prior to the date of settlement or judgment. You shall take such action,
furnish such information and assistance, and execute such papers as We may require to facilitate
enforcement of Our rights, and shall take no action prejudicing Our rights and interests under this Policy.
Any amounts that We recover shall be used to pay Our expenses of collection; and reimbursement for any
amount that We may have paid or become liable to pay, to You under the terms of this Policy. All
remaining amounts shall be paid to You.
MEDICARE
This Policy does not provide benefits for any Loss for which payment has been made or would have been
made, if application has been made or eligibility maintained, under Pali A or Part B of Medicare on behalf
of a Covered Person. However, if a Covered Person is eligtble for Medicare but has a right to be enrolled
under the Plan, such exclusion shall not apply.
REINSTATEMENT
We may agree at Our sole option and without pr~judice to Our rights under this Policy to reinstate
coverage as of the effective date of cancellation,. on receipt and approval of written application for
reinstatement and any and all other material and! or information as We may request, including but not
limited to all outstanding premiums plus interest due from the effective date of reinstatement at a rate of
not less than 1.5% per month compounded monthly. No insurance shall be reinstated until We confirm
such reinstatement to You in writing and any premiums have been paid.
SL-2001
17
(6/01)
LIABILITY AND INDEMNIFICATION
Except as specifically provided in any rider or endorsement, attached to and forming part of the Policy,
We have no obligation to any third party. Our liability under this Policy is limited to reimbursing You for
payments You make on behalf of Covered Persons for expenses covered under the Plan. You hold Us
harmless for damages, of any kind, which are not caused by Our own acts or omissions. Weare not
responsible for any liability You assume under any contract of agreement other than the Plan.
SL-200l
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(6/01)
PLAN SPONSOR DISCLOSURE STATEMENT
(TIlt' /oilu'i-'mg will be treated as strictly conFLdential information by Slarulard Sccurily Life lnsurm;ce Company
of New York ('(Standard Secumy"j
Legal Name of Plan Sponsor:
City of La Parte. IX
In order for Standard Security to consider issuing a contract that waives the "Actively-at-work"
provision, the Plan Sponsor and its named Agent/TPA must disclose the pertinent details regarding
employees and their depel'1dents who meet certain crrteria. This needs to be reported on Active
Employees and their dependents, Retired Employees and their dependents (if coveredL Disabled
individuals, and/or Individuals on COBRA.
By signing below you acknowledge that you understand wnat is expected of you and have completed
your due diligence in researching this information. There are several categories of individuals who
must be reported. They are as follows:
Individuals who have reached 50% of the specific deductible. If an Individual has reached 50%
cf the specific deductible based on the total of unprocessed, pending and/or paid claims they need to
be reported in Section 1 of the Disclosure Statement.
Individuals who are not actively at work or In the case 01 dependents, who are confined In the
hospital, home, or elsewhere. These individuals should be listed in Section 2 of the Disclosure
Statement. To effectively report these individuals, you must checx with your TPA, Broker, Human
Resources department, Pre-certification Company and Large Case Management vendor regarding
any open cases.
Individuals who should be reported due to "trigger diagnosis". Individuals meeting this criteria
should be reported in Section 3 of the Disclosure Statement. This should include employees or
dependents with a HISTORY or CURRENT diagnosis of any serious disease or disorder, including
BUT NOT LIMITED TO: cancer, diabetes, heart aisease, AIDS and AIDS Related Compiex (ARC),
leukemia, muscular/neuro-diseases, high risk pregnancy, organ transplants, etc. For a more formal
list please refer to the attached "Examples of Diagnoses of Potential High Dollar Claims"
Disabled Individuals. Disabled individuals whether on temporary, short-term, or lang-term disability
shOUld be reported in Section 4 of the Disclosure Statement.
Plan Sponsor: City of La Porte, TX
Printed Name: NO R-mCl Vi lv, meulon-e
Title: t::~
Signatur.;t-,tt?'E!~
Date~_ D?- ~t:'-
Proposed Effective Date of Stop Loss Policy:
~o~ TPA .c.,uthorized Agent
Printed Name: /VEAL tv. W€LO/
Title: t/?e.SI den-t._ _____
Signatu~
Date: 3 I,i' /0'2-
April 1 , 2002
SSL.I)SCL (12(99)
Page 1 of 4
4
.
Final Report of Re-Districting Committee to La Porte City Council
The Redistricting Committee of the City of La Porte, Texas, heretofore established and
appointed by the City Council of the City of La Porte, Texas in Ordinance No. 2000-
2460 in December 2000, and as directed to reconfigure single-member city council
districts pursuant to the procedures set forth and established in City of La Porte
Ordinance No. 2001-2502, hereby submits this its Final Report to the City of La Porte
City Council recommending the establishment of new boundaries for the election of
district Councilpersons. Attached to this report as "Exhibit A", and incorporated by
reference herein, is the proposed map of the City of La Porte containing the
reconfigured district boundaries, as is herein officially recommended by the
Redistricting Committee for adoption by City Council and for submission for
preclearance to the Department of Justice pursuant to Section 5 of the Voting Rights
Act, 42 U.S.C., S1973c.
Based on the directives established in Ordinance No. 2001-2502, the Re-Districting
Committee followed the following criteria in redrawing district lines for the election of
district Councilpersons:
1) Each district was redrawn so as to achieve relative parity in population size, based
on an ideal population of 5313 for each of the 6 redrawn districts, and working with a
new total city population of 31,880. (31,880 / 6). The directive followed in establishing
the population for each district was that the highest population district would not exceed
the lowest population district by 10% (plus or minus five percent deviation in population
between districts).
2) The Committee based each new district as closely as possible on the boundaries of
existing districts. To this end, the Committee sought to preserve present
incumbent/constituency relationships, with consideration toward the residence of
existing members of City Council, and their history in representing their current districts.
3) The Committee focused on maintaining easily identifiable geographical boundaries
for redrawn districts, with a premium placed on drawing each new district to be compact
and contiguous.
4) The Committee acted so as to maintain historic communities of interest contained
within existing districts when redrawing district lines. This was accomplished by
maintaining these communities entirely within newly created districts.
5) The Committee worked to draft the proposed new district lines to follow as closely as _
possible the existing Benchmark plan, which sets out the present district lines as
reconfigured and adopted by City Ordinance No. 1775, and passed by City Council on
August 12, 1991, and as precleared to the Department of Justice by letter dated
January 21, 1992.
6) The Committee's proposal for redrawn city council districts was narrowly tailored to
avoid retrogression to the greatest extent possible in the position of racial minorities and
language minorities as defined in the Voting Rights Act of 1965 as amended, with
respect to their effective exercise of the electoral franchise.
Set out below is a brief description of each of the proposed single-member districts,
including information as to total population, breakdown of the population in terms of
race, boundary lines forming the district, and its general character based on zoning
classifications, housing, and industry. Based on the mandate of Ordinance 2001-2502,
and as defined immediately above, each existing district within the city was
reconfigured so as to fully comply with the criteria a~d standards as set out by Section
5, of the Voting Rights Act, 42 U.S.C., S1973c, and in each case, all guidelines and
governing standards were fully satisfied.
District 1
District 1, under the proposed boundary lines, contains a population of 5,569, a
variance of +5% from the ideal population of 5313 for the 6 reconfigured districts.
District 1 generally encompasses what was until April 10, 1980 the incorporated
municipality of Lomax. On that date, it was annexed by the City of La Porte. District 1 is
currently represented by Councilperson Guy Sutherland.
The ethnic composition of District 1 is as follows: Hispanic 1,192, White 4,088, Black
168, Asian 48, American Indian 23, Pacific Islander 2, Other 48.
District 1, as proposed, is bound by State Highway 225 on the north, Sens Road on the
east, the north line of the La Porte Municipal Airport, Glenvalley Drive, Big Island
Slough, north from Glennvalley to the north boundary line of the Creekmont Subdivision
to Underwood Road then north to State Highway 225.
District 1 is generally made up of homes located on property one half acre to ten acres
in size, with many residents utilizing property for agricultural and farming purposes. Two
La Porte Independent District schools are located in the district, Lomaz Elementry and
Lomax Junior High School. There are three churches, a rodeo arena, and a city park
with soccer fields, swimming pool, and walking trails.
District 2
District 2, under the proposed boundary lines, contains a population of 5,306, a
variance of 0% from the ideal population of 5313 for the 6 reconfigured districts. District
2 will be comprised of 2 subdivisions, Spenwick and Brookglen. The area constituting
the bulk of District 2 was annexed by the City of La Porte on November 22, 1983.
District 2 is represented by Councilperson Chuck Engelken.
The ethnic composition of District 2 is as follows: Hispanic 1,271, White 3,699, Black
129, Asian 111, American Indian 18, Pacific Islander 8, Other 70
District 2 is formed by Spencer Highway to the north, Underwood Road on the east,
Fairmont Parkway on the south, and San Jacinto College on the west.
District 2 is predominately zoned residential, made up of moderately priced homes, and
interspersed with a handful of general commercial areas along the north, south, and
east boundaries. The district includes a city park, a civic center, 3 churches, a gated
apartment complex and a group of town homes.
District 3
District 3, under the proposed boundary lines, contains a population of 5,373, a
variance of 0% from the ideal population of 5313 for the 6 reconfigured districts. District
3 is comprised of the Creekmont and West Fairmont Park areas, and is bordered by
Underwood Road to the west. District 3 is currently represented by Council person
Howard Ebow.
The ethnic composition of District 3 is as follows: Hispanic 881, White 4,171, Black 168,
Asian 48, American Indian 23, Pacific Islander 2, Other 48.
District 3 is generally zoned residential, with subdivisions including sidewalks, curbs,
and gutters. Two La Porte Independent District schools are located in the district. There
are two well-planned apartment complexes and several churches, and neighborhood
parks. '
District 4
District 4, under the proposed boundary lines, contains a population of 5,020, a
variance of -5% from the ideal population of 5313 for the 6 reconfigured districts.
District 4 is largely constituted by the original City of La Porte as incorporated in 1892.
Included in District 4 are the Main Street Area, as well as the Union Pacific terminal.
Generally, the district contains low and medium priced homes. District 4 is currently
represented by Councilperson James Warren.
The ethnic composition of District 4 is as follows: Hispanic 1,383, White 2,609, Black
886, Asian 57, American Indian 12, Pacific Islander 17, Other 38.
District 4, as proposed, is bound by the Houston Ship Channel to the north, the
Municipal Airport to the west, and the Barbours Cut Terminal to the east.
District 4 includes several schools, baseball parks, tennis courts, a swimming pool,
roller hockey field, outdoor basketball court, playgrounds, and a civic center. Also
located in the district are eight churches and the new public library.
District 5
District 5, under the proposed boundary lines, contains a population of 5,031, a
variance of -5% from the ideal population of 5313 for the 6 reconfigured districts.
District 5 is made up of the former BayMud municipal district, annexed by the City of La
Porte in October of 1988. District 5 is currently represented by Council person Charles
Young.
The ethnic composition of District 5 is as follows: Hispanic 909, White 3,666, Black 327,
Asian 15, American Indian 34, Pacific Islander 0, Other 71.
District 5, as proposed, is bound by Galveston Bay to the east, the Bayport Industrial
District to the west, and Shoreacres to the south.
District 5 is includes bayfront homes, expensive residential homes, and contains the
municipal golf course, Sylvan Beach park and Sylvan Beach Pavilion, the La Porte
Fitness Center, and Little Cedar Bayou Park. Three La Porte Independent District
schools are located in the district, as well as several small apartment complexes, a
gated town home complex, and five churches.
District 6
District 6, under the proposed boundary lines, contains a population of 5,581, a
variance of +5% from the ideal population of 5313 for the 6 reconfigured districts.
District 6 is made up of a portion of old incorporated La Porte, and a section of Glen
Medows subdivision and all of central and Fairmont Park and Fairmont Park East.
District 6 is currently represented by Councilperson Guy Jerry Clarke.
The ethnic composition of District 6 is as follows: Hispanic 884, White 4,278, Black 247,
Asian 77, American Indian 19, Pacific Islander 13, Other 63.
District 6 is generally a residentially zoned area, with some general commercial areas.
Several schools, parks, churches, as well as the La Porte City Hall, are located in the
district.
As reconfigured, each and every proposed district contains easily recognizable
boundaries, and is drawn to be compact and contiguous. Each proposed district closely
follows and approximates the size and character of the pre-existing district, and,
preserves the historical communities of interest within each district. "Also, in every case
the proposed lines adequately protect the current incumbent/constituency relationship.
Finally, as can be determined by comparing the numbers listed above for each district
reflecting the ethnic composition of the district with current totals, retrogression in terms
of minority voting strength is avoided.
TIME WARNER CABLE REPORT
Time Warner approached the City late last year about upcoming changes with cable
television access for area cities. They informed the City they would be laying fiber cable
in the La Porte area. Placement of this new cable would allow the City a direct fiber feed
to access Channel 16.
Currently, the City shares a cable channel with other area cities. Upon viewing the
channel, La Porte citizens see information about not only La Porte, but other area cities as
well. The coordination of the current cable channel access has been handled by the Fire
Marshal's Office in coordination with San Jacinto College District. The current process
has been time consuming and often required staff to physically deliver the information to
San Jacinto College.
Upon notifications of the new changes, I scheduled a meeting with Time Warner and
appropriate staff members. In the meeting, we learned the new technology would
provide the City with an opportunity to have an access channel exclusive to La Porte
citizens. When citizens of La Porte turn on Channel 16, they will view only information
about the City of La Porte. In order to link the City to the new fiber cable, staffhas to
designate a separate computer terminal and purchase additional equipment to link the two
together.
The City Secretary/Public Information Officer is coordinating this project. She has been
working closely with the Administrative Services/MIS to ensure all the technical needs
are met.
A brief presentation will be shown at the March 18,2002 City Council Meeting on staffs
efforts towards the type of program that will be viewed by our citizens.
This is a very exciting project and will provide the City with a great communication tool
for delivering information to the citizens of La Porte.
(