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HomeMy WebLinkAbout2003-02-24 Regular Meeting• • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 24, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Mike Mosteit, Chuck Engelken, Howard Ebow, Peter Griffiths, Bang Beasley, James Warren, Charlie Young, Bruce Meismer and Norman Malone Members of Council Absent: None Members of Cily Executive Staff and City Employees Present: Assistant City Attorney John Armstrong, Acting City Manager John Joems, City Secretary Martha Gillett, Director of Finance Cynthia Alexander, Director of Administrative Services Carol Buttler, Director of Parks and Recreation Stephen Barr, Assistant Director of Parks and Recreation James Eastep, Director of Public Works Steve Gillett, Purchasing Manager Susan Kelley, Director of Emergency Services Joe Sease, Fire Chief Mike Boaze, Police Chief Richard Reff, Lieutenant Ron Parker, Special Services Superintendent Karen Beerman, Paramedic Supervisor Ray Nolen, Senior Services Program Coordinator Debra Dunham, Lieutenant Carl Crisp, Golf Course Manager Alex Osmond, Human Resources Manager Lorie Doughty, EMS Chief Chris Osten, Paramedic II Jake Evans and Administrative Assistant to the City Manager Crystal Scott Others Present: Congressman Chris Bell, Lisa Hallford, Elden Ryan, Brian Larkey, Robert Hagan, Brent Skarke, Alan Beaudion, Bill Scott, Spero Pomonis, Cassidy Smith, George L. Watkins, Mr. & Mrs. Richard DuPont, Carole Lawson Bergeron, Andy Smith, Freddie Doughty, Sue Gale Mock Kooken, David L. Darby, Marlen Ornelas, Guillermo Chavana, Zaine Pinchback, Kathleen France, A. J. France, Valerie Owens, Charles Underwood, Ria Cunningham, Daniel Armstrong, David Addison, Stephanie Ramos, Joel Alegria, Vicky Garcia, Deontra Warren, Brandon Burres, Colleen Hicks, Guthrey News Journalist, Houston Chronicle Journalist and a number of citizens. 2. Mayor Norman Malone delivered the invocation. 3. Mayor Norman Malone led the Pledge of Allegiance. 4. Council considered approving the minutes of the Special Called Meeting held on February 8, 2003 and the Regular Meeting and Public Hearing held on February 10, 2003. Motion was made by Councilmember Bruce Meismer to approve the Minutes of the Special Called Meeting held on February 8, 2003 and the Regular Meeting and Public Hearing held on February 10, 2003. Second by Councilmember James Warren. The motion carried. Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone Nays: None Abstain: None City Council Minutes — 2/249— Page 2 0 5. PRESENTATIONS/PROCLAMATIONS Chief Richard Reff presented Officer Matthew Novosad with the Medal of Valor, and Officer Jeff Tippit with the Medal of Merit Director of Parks and Recreation Stephen Barr presented Employee of the Year Debra Dunham with a plaque to represent the City's appreciation of her enthusiasm, creativity and dedication. Mayor Malone presented the Shattered Dreams Proclamation to Paramedic II Jake Evans of Emergency Management Services, along with some of the students involved in the project. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYTERS WISHING TO ADDRESS CITY COUNCIL Congressman Chris Bell, whose district includes La Porte, informed the City of La Porte of the tenseness in Washington D.C. due to an orange level of alert. The war on terrorism is being taken very seriously; our area is circled as a potential terrorist threat. The federal government needs to have a public policy on how to handle terrorist strikes against chemical plants and private entities, and to assist in protecting them. Chris Bell has a new district office in Pasadena at 6307 Fairmont Parkway, telephone number is 281-991-1300, with Lisa Hallford in charge of the office. Congressman Bell and Congressman DeLay will be meeting regarding transportation and funding for transportation. George Watkins of 5221 Valley Brook, La Porte, Texas, announced there will be a Fourth of July Parade again this year. Mr. Watkins asked City Council to have a float, challenging Deer Park and other cities. Bill Scott of 1802 Lomax School Road, La Porte, Texas, asked why his questions are never answered. 7. Council considered approving an ordinance authorizing the Acting City Manager to execute a contract with Water Tank Service Company for the Replacement of the Ground Storage Tank at Water Well #4 in the amount of $99,091.00. Additionally, authorize a 5% contingency in the amount of $4,955.00. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. The Assistant City Attorney read: Ordinance 2003-2614 — AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND WATER TANK SERVICE COMPANY, FOR THE REPLACEMENT OF GROUND STORAGE TANK AT WATER PLANT #4, APPROPRIATING $99,091.00 PLUS A CONTINGENCY OF $4,955.00, 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 Councilmember Beasley to approve Ordinance 2003-2614 as presented by Mr. Gillett. Second by Councilmember Meismer. The motion carried. Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone Nays: None City Council Minutes — 2/249— Page 3 • Abstain: None 8. Council considered approving an ordinance authorizing the Acting City Manager to execute contract with Garver Construction, LTD for the construction of the Farrington Blvd. Phase II Trunk Sewer Improvements in the amount of $124,975.00. Additionally, authorize a 5% contingency in the amount of $6,248.00. Director of Public Works Steve Gillett presented summary and answered Council's questions. The Assistant City Attorney read: ORDINANCE 2003-2615 — AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GARVER CONSTRUCTION, LTD, INC., FOR IMPROVEMENTS TO THE FARRINGTON TRUNK SEWER, APPROPRIATING $124,975.00 PLUS A CONTINGENCY OF $6,248.00, 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 Councilmember Ebow to approve Ordinance 2003-2615 as presented by Mr. Gillett. Second by Councilmember Engelken. The motion carried. Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone Nays: None Abstain: None 9. Council considered approving an ordinance authorizing the Acting City Manager to execute a contract with NBG Constructors, Inc. bid for setting pilings, construction of bridge abutments, and installation of a Prefabricated Steel Pedestrian Bridge over Little Cedar Bayou at the P Street R.O.W., low bidder meeting specifications. Director of Parks and Recreation Stephen Barr presented the summary and answered Council's questions. The Assistant City Attorney read: ORDINANCE 2003-2616 — AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND NBG CONSTRUCTORS, INC. TO PROVIDE AND INSTALL PILINGS, ABUTMENTS, AND OTHER RELATED COMPONENTS FOR INSTALLATION OF PREFABRICATED STEEL PEDESTRIAN BRIDGE OVER LITTLE CEDAR BAYOU; APPROPRIATING $82,066.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. On the Bid Tabulation for the sidewalk, under NBG Inc., line item number 8 appears to be incorrect. The Harris County grant award must be expended or committed by April, or they will be subject to recapture. Motion was made by Councilmember Beasley to approve Ordinance 2003-2616 with intended correction on the Bid Tabulation as presented by Mr. Barr. Second by Councilmember Warren. The motion carried. City Council Minutes — 2/240— Page 4 0 Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone Nays: None Abstain: None 10. Police Chief Reff reported to Council information collected on traffic citations and arrests and answered Council's questions. 11. Council to consider having a Special Called Workshop Meeting on March 1 ] , 2003 requested by Bruce Meismer, James Warren and Chuck Engelken. Councilmember Griffiths suggested having an item added on the City Council Retreat agenda or at the March 24, 2003 Council Meeting. Motion was made by Councilmember Meismer to approve a Workshop Meeting, for Tuesday, March l 1, 2003. No second. The motion died due to no second to the motion. 12. Administrative Reports Acting City Manager John Joerns reminded Council the Sylvia Garcia Reception will be held Thursday, February 27, 2003, at 6 p.m. at the La Porte Library and that the March 10, 2002 City Council Meeting has been cancelled. 13. Council Comments Councilmembers Mosteit, Ebow, Engelken, Griffiths, Beasley, Warren, Young, Meismer and Mayor had comments. 14. 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) Council retired into Executive Session at 7:25 p.m. Council reconvened the Council Meeting at 9:25 p.m. 15. Consideration and possible action on items considered in Executive Session There was no action taken during Executive Session. 16. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:27 p.m. City Council Minutes — 2/24Page 5 Respectfully submitted, Mart/ha Gillett City Secretary Passed d approved on this 24`h day of March 2003. Norman Malone, Mayor Memo The Mayor Malone and City Council R= Betty Waters, Chairperson and the Planning and Zoning Commissioners Dam 3/14/2003 line Planning and Zoning Commission Report — Requesting New Official Zoning District Map Over the past six months, the Commission has reviewed the Zoning District Map adopted in 1985 and the Comprehensive Plan adopted in 1986. We believe that changes to the map are necessary for the following reasons: 1) to ensure that the Zoning District Map is in accordance with Chapter 108 (Ordinance #1501); and 2) to ensure that the map reflects and observes the goals and objectives identified in the Comprehensive Plan, which serves as the City's official future plan. Section 106-301 requires that "three original/identical copies of the Zoning District Map be identified by the signature the Mayor, attested by the City Secretary, and bear the seal of the City." One copy will reside in the City vault, and two copies will be displayed by the enforcing officer and the City Secretary for public use. To comply with the ordinance, we recommend that the specific language and required signature blocks are added to the Zoning District Map. In addition, the Commission requests retention of the annotations (from the 24 amendments) on a historical copy of the map but removal from the official map. This would establish a new framework to build upon. As the Commission begins to document proposed zoning changes, the removal of the notes/annotations will aid in the readability and dartty of the map. The Commission urges City Council to issue a resolution adopting a new Official Zoning District Map. Over the next nine months, the Commission will continue reviewing the Zoning District Map and will propose additional changes for Council's consideration. Thank you. P. O. Box 1115 • La Porte, Texas 77572-1115 • 281-471-5020 Staff Report February 20, 2003 Replacement of the "Official" Zoning District Map Background: Section 106-301 of the Zoning Ordinance requires that the official copies of the zoning map be on file at the City. One is the "original" zoning map that remains unchanged from its original adoption. The other two are "official" zoning maps that are amended and updated from time to time as zone changes are approved by City Council. This activity to show amendments to the "official zoning maps occurred up until 1992. At that time, the City switched to a computer based format for our zoning map. Zoning map amendments are accurately shown on this computer map; however use of the amended "official" zoning map ended in 1992. Section 106-306 of the zoning ordinance provides for the adoption of a replacement map. This new map will utilize our computer technology and become the "official" or working map that shows current zoning districts based on all approved amendments to date. The "original" zoning map on file with the City Secretary will not be affected at all by this action. In addition, the Commission examined the zoning and land uses in the City and determined that further zoning amendments are needed. When these recommendations are reviewed during public hearings, annotations/notes from previously approved amendments may be confused with proposed amendments. To avoid confusion, a new "official" zoning map should be adopted creating a clean uncluttered map. Recommendations/Conclusions: According to Section 106-306, `when the official zoning maps become difficult to interpret because of the nature or number of changes and additions, the City Council, may by resolution, adopt a new official zoning map based on review and written report from the Planning and Zoning Commission." The previous "official" zoning map would be retained and preserved with all available records pertaining to its adoption and amendments. Under the provisions found in Section 106-306, Staff recommends that the Commission submits a report urging Council to adopt a new official zoning district map, which will supersede the prior official zoning district map. This new official zoning district map will do the following: • correct text omissions and needed signatures; • establish validity to the documenting/mapping of zoning amendments; • provide clarity avoiding misinterpretations; and • re-establish a baseline for the Commission to ensure that the Zoning Ordinance and district map coincide with the goals/objections found in the Comprehensive Plan. This report and the Commission's recommendation will be forwarded to City Council for Consideration at their March 10, 2003 meeting. The Commission is asked to take action on this item as presented. Options to the Commission: • Forward a report to Council recommending the adoption of a computer -based "official" zoning map that will replace the prior "official" zoning map. City of La Corte Established 1892 July 23, 2002 Mr. James Clark Harris County Precinct 2 1202 Genoa Red Bluff Road Houston, Texas 77034 Re: Overlay Program Dear Mr. Clark: It has come to my attention that Harris County Precinct 2 is preparing to bid various overlay projects and has offered to pave streets within the City of La Porte. The City of La Porte requests that Precinct 2 consider the following streets: ■ North 4th Street — West Polk to Barbour's Cut Blvd. — 2,210 LF ■ North 5tn Street — Main Street to Barbour's Cut Blvd — 2,710 LF The City of La Porte will provide any base repair and crack sealing needed prior to the proposed overlay. Thank you for your consideration. Please let me know if this request receives approval. Sincerely, �, ,1 Robert T. Herrera City Manager cc: John Joerns, Assistant City Manager Steve Gillett, Director of Public Works Orville Burgess, Street Superintendent RTH:su 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 0 . -0 CITY OF LA PORTE ADMINISTRATIVE SERVICES MEMORANDUM March 24, 2003 TO: Mayor and City Council Debra Feazelle, City Manager FROM: Carol Buttler, Director of Administrative Se RE: Stop Loss Medical Insurance Policy Recommendation For your consideration and approval at tonight's meeting, I have attached the final spreadsheet comparing cost proposals by Stop Loss Medical Insurance providers. I have included a revised contract approval ordinance, as well. Due to the competitiveness of the top two (2) proposals during final negotiations, the current provider agreed to �ower their total premium for specific and aggregate coverage by $17,827.00, a substantial cost savings. Mr. Neal Welch of The Welch Company, the City's benefits consultant will be available tonight to discuss details and answer questions. is • EXHIBIT "A" • MEMORANDUM The Welch To: Carol Buttler, Director, Administrative Services Company From: Neal W. Welch Two Memorial City Plaza 820 Gessner, Suite 1470 Diana L. Romagnoli Houston, Texas 77024 T: 713.827.8755 RE: Stop -Loss Proposal Comparisons F: 713.461.5788 RFP #0101 www.thewelchco.com DATE: March 14, 2003 Through the Request for Proposal process (RFP) for Stop -Loss Insurance Coverage, the City received seven (7) responses. This is a remarkable difference from two years ago when we received only one proposal. This activity says a lot about the consolidation of the stop -loss market and the increase capacity for stop -loss coverage. Attached is a spreadsheet that outlines the proposals this year as well as the current policy. At this point it would be premature to make a recommendation, but we will be ready at the time of the City Council meeting. The following are a few notes about the proposals, the market, and the City of La Porte Health plan. The Proposals • Good renewal from incumbent vendor, consistency is always a preferred avenue. ♦ Across all proposals rates up minimally, in part due to a lower number of participants with serious medical issues and the fact that the policy has met the market with respect to deductible and management directives. • All proposals other than the incumbent are very competitive but would require medical review of nine health plan participants. The Market • Market -wide increase of approximately.18%-25% are normal to keep up with a medical inflation trend of 15%. • Competition-- fewer stop -loss insurance companies but greater concentration of risk capital. City of La Porte Health Plan • Recent scrutiny of whole health plan management and direction. ♦ Potential for large claims but lower activity now. ♦ Addition of specialty management options —disease management, specialty drugs, and PPO. You are in an excellent position for negotiation toward a minimal increase in premium for the coming year. We will continue to work with the two contenders (Standard Security & Companion Life, columns 2 & 3) for the best opportunity for the City. Attachment Employee Benefits Consulting • EXHIBIT "B" City of LaPorte Due Date February 28, 2003 STOP -LOSS American Stop -Loss Ken Consiglio 250 Commercial Street, Ste. 200 1-800-944-7659 1/31/2003 $1.75 Worcester, MA 01608 508-799-0161 Fax Paper & kconsiglio@americanstoploss.com Diskette HCC Benefits Chris Slezak 16415 Addison RD #700 972-248-7130 1/31/2003 $1.75 Addison, TX 75001-3268 972-248-7157 Fax Paper& cslezak@hccbenefits.com Diskette Richard Prince & Associates . Richard Prince 6 Farmington DR 508-845-9836 1/31/2003 $1.75 Shrewsbury, MA 01545 508-845-9942 Fax' Paper & richpl @netl plus. com Diskette Canada Life Courtney Davis 1225 North Loop West, Ste 250 713-863-9595 1/31/2003 $1.75 Houston, TX 77008 713-863-9393 Fax Paper & courtney_davis@canadalifeus.com Diskette Arbor Benefit Group _Karen Harrison 281 Farmington Ave. 2nd Fir : 860-674-9748 x.15 1/31/2003 $1.75 Farmington, CT 06032 860-674-9132 Fax Paper & karenh@arborbg.com Diskette Highmark Life & Casualty Group John Perrin 20405 SH 249, Ste 490 281-379-5421 1/31/2003 $1.75 Houston, TX 77070 281-379-4735 Fax Paper& john.perrin@highmarklife.com Diskette AIG/American General David Grenell 675 Bering Drive, Suite 600 713-268-8914 1/31/2003 $1.75 Houston, TX 77057 71.3-268-8968 Paper & dave_grenell@agfg.com Diskette ReliaStar Employee Benefits Kim Ritter 2900 North Loop West, Ste. 180 713-881-8783 1/31/2003 $1.75 Houston, TX 77092 713-290-9454 Paper & kim.ritter@us.ing.com Diskette Sun Life of Canada Demo Psifidis 440 Louisiana, 1520 .713-236-8340 x.227 1/31/2003 $1.75 Houston, TX 77002 713-225-6817 Fax Paper & Demo.Psifidis@sunlife.com Diskette COMRISK Insurance Patty Berridge .4350 E. Camelback Rd #C-2.10. 602-954-7600 1/31/2003 $1.75 Phoenix, Arizona 85018 602-954-8840 Fax Paper & pberridge@comrisk.net Diskette NY Underwriters, Inc. 1717 W. Northern Ave, #200 602-395-5889 1/31/2003 $1.75 Phoenix, AZ 85021 602-861-6878 fax Paper& quotes@dhsnyu.com Diskette CITY OF LA PORTE ADMINISTRATIVE SERVICES MEMORANDUM March 19, 2003 TO: Mayor and City Council Debra Brooks Feazelle, City Manager FROM: Carol Buttler, Director of Administrative Servi RE: Stop Loss Medical Insurance Policy Contract For your review, I have attached the City's current Stop Loss Medical Insurance Policy contract for 2002-2003 (Exhibit "C"). Staff does not anticipate terms and conditions of the new policy contract to vary significantly from the existing contract. If any substantial changes do occur within the new contract, staff will notify Council. July 31, 2002 Carol Buttler Director of Administrative Services City of La Porte P.O. Box 1115 LaPorte, 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, G2� L. Romagnoli Enclosure c: JOAnna Benavides, TML 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 . Employee Benefits Consulting AdkBased on: 2003 Employees/Retirees - Single 143 Dependent Units 267 Total 410 • City of La Porte Stop Loss Comparisons 3-3-2003 The Welch Company 3/24/2003 • �J CJ City of La Porte Stop Loss Comparisons 3-3-2003 Com Risk Insurance ING/ReliaStar Description of Services QBE ING/ReliaStar :. ;G} tion A.M. Best Rating Specific Stop -Loss Medica} & Rx;: Medical 8. RxMedical'.& Rx [tfiedical & Rx;Medica:ii Annual Deductible 115 000 ': 125 00gi ... 150 000 ?:.. . 1.15,000 ;;: 125 000 : > 150-000 Coverage Basis Employee Only Premium $19 42 i ... $17 67 Employee Family Premium $55.98'`$5325 .;.. . $Stl $34.45 Composite Rate :: $43 23 : -. $39 85 :.. <.$31:93 Annual Premium Coverage Amount '$1' 000,000 :;. $1000,000 <..$1 000,OOII Stop -Loss ;29l1 4/12Aggregate 24/12 Coverage Basis Aggregate Factor Medical & Rx <Medtcaf & Rx <1Vied�cai&:Rz Individual $379 36 i;. $381 39 :. ::$386 Family$948 40: ` $953 47 : $965 37 Composite 53 $794 ; $7&3 35 _. $$38 90 ::$47 17 .. .$823 04 Coverage Amount $ IOOO,D00 . $1000 000: $]000,000 $1 000,000 $1 .000,000 $l;'000 000 Aggregate Premium Rate17 $4 17 $41`:7.:: Annual Premium $24,649 : $24,649 ` $24,649 .. $20,500: $20,500 -: $20 500 Total Specific &Aggregate Premiu $237,334.' 4.1 $181,723: ::_ .:'1222:602 Annual Attachment Point $3 68%.Q56 : $3,.709;365 <, .$3;755,682 .$4,127,388; ;; $4,166,076 $4 049,345 Notes: Run-in Limit Based on: Employees/Retirees - Single Dependent Units Total The Welch Company 312412003 CFE MANAGEMENT LLC • Thursday, April 17, 2003 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, 2003 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 S SLICNY. Sincerely, CFE Management LLC 55 West 19th Street • 2°a Floor • New York, New York •10011 Tel. No. (212) 584-9125 • Fax No. (212) 584-9116 Texas Department of Transportation DEWITT C. GREER STATE HIGHMY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • (512) 463-8585. The Honorable John Joerns Mayor of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Mayor Joerns: February 21, 2003� RECEIVED R201 nR; a`r MA 0 6 200 Assj. SECRETARY'S OFFICE In accordance with 43 TAC §25.601-25.603, 1 hereby approve the proposed City of La Porte Ordinance (copy attached), restricting truck traffic to certain lanes on SH 225 from the Deer Park' city limit to the intersection of Sens Road overpass, submitted to the Houston District office of the Texas Department of Transportation (TxDOT). TxDOT determined that the proposed ordinance has met all of the criteria of 43 TAC §25.601(f). Therefore, TxDOT published a public notice in the Texas Register on December 6, 2002 and received no comments. Accordingly, TOOT has elected to not hold a public hearing on this proposed restriction. When the City of La Porte passes this ordinance, please notify the Houston District at P.O. Box 1386, Houston, Texas 77251-1386, attention Mr. Gary K. Trietsch and TxDOT will begin the process of erecting the necessary signs. If you have any questions or need additional information, please contact Mr. Trietsch at (713) 802-5001 or me at (512) 305-9501. Sincerely, ` zre, Michael W. Behrens, P.E. Executive Director Attachment cc: Gary K. Trietsch, P.E., Houston District Engineer, TxDOT An Equal Opportunity Employer City of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77571 281-471-5020 SCANNED ON f�4CEIV�rf�. • .• SEP -1 6 -2002 SEP 16 400_ August 28, 2002 ""--QV!QN MAIL Mr. Gary K. Trietsch, P.E. District Engineer, Houston District Texas Department of Transportation P.O. Box 1386 Houston, TX 77251-1386 Re: State Highway 225 Truck Lane Ordinance Dear Mr. Trietsch: In recent months, TxDOT, Houston, Pasadena, Deer Park and La Porte have been jointly working on developing transportation safety initiatives, specifically truck lane restriction on SH 225. Ms. Sally G. Wegmann, P.E. of your staff has been instrumental in this effort. It is our understanding that upon completion of this initiative it will effect the entirety of SH 225 through our respective jurisdictions. On August 12, 2002 the City Council for the City of La Porte conducted a public hearing regarding truck lane restrictions on SH 225 - within its jurisdiction. The hearing was held in conformity with the requirements of 43 TAC § 25.603 (d). This letter constitutes the City of La Porte's submission under 43 TAC § 25.603 (e). The plan views that are required under 43 TAC § 25.603 (e)(2) are not included with this document as they are already in possession of Tx DOT. Please review the documents for the purpose of an approval under § 545.0651 of the Texas Transportation Code. onager LTD 0 • ORDINANCE NO.2002- AN ORDINANCE ESTABLISHING LANE USE RESTRICITIONS FOR TRUCKS UPON A PORTION OF STATE HIGHWAY 225; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council desires to establish lane use restrictions for trucks upon a portion of State Highway 225 within the City pursuant to Section 545.0651 of the Texas Transportation Code; and WHEREAS, a description of the restrictions established in this Ordinance has been provided to the Texas Department of Transportation pursuant to Section 545.0651(d) of the Texas Transportation Code; and WHEREAS, the Executive Director of the Texas Department of Transportation or the Director's designee has, based upon traffic study and the criteria established in Section 545.0651 of the Texas Transportation Code, approved the restrictions established in this Ordinance; and WHEREAS, the City Council finds that the interests of the health, safety, and welfare of the public will be served by adopting the restrictions set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the findings contained in the preamble of this Ordinance are determined to be true and correct. As evidence thereof, documents establishing the approval described in the Preamble of this Ordinance have been incorporated into this Ordinance and made a part hereof as Exhibit A. Section 2. That, as used in this Ordinance, the following terms shall have the meanings ascribed in this Section: Authorized lanes means the two controlled access lanes on each side of the State Highway 225 (eastbound side and westbound side) that are most immediately to the right of the left-hand (or inner) controlled access lane. Designated portion of Stare Highway 225 means that portion of State Highway 225 bebNean the point at which the corporate limits of the cities of Deer Park and La Pone abut on the West and the intersection of Sens Road overpass on the East. Peak traft hours means the hours between 6:00 am. and 13,00 p-m. Truck means a °truck" as defined in Section 541.201 of the Texas Transportation Code that has three or more axles or a °truck-tracto? as defined In Section 541.201 of the Texas Transportation Code, regardless of whether the truck tractor is drawing another vehicle or trailer. Workday moans Monday through Friday, holidays observed by the closure of City of La Porte offices excepted. Section 3. Any person driving of operating a truck- on the designated portion of State Highway 225 during peak traffic hours on any workday shall not utilize any controlled access lane other than the authorized lanes. Section 4. That enforcement of this Ordinance is subject to Section 646.0661 of the Texas Transportation Code, and the prohibition established In Section 3 of This Ordinance shell not be effective during any period of suspension or revision of approval by the Executive Director. of the Texas Department of Transportation or 'the Director's designee as provided In Subsection (f) of Section 645.0651 or during -any period when traffic control devices that are required to be erected and maintained by the Texas Department of Transportation pursuant to Section 545.0651 are not In place, nor shall the provisions of this Ordinance be construed to prohibit operation of a truck In a lane other than an authorized lane for the purpose of passing another vehicle or for the purpose of entering and exiting the Highway. The provisions for the Section 4 shall constitute defenses to prosecution under this Ordinance. Section 5. Any person, as provided In Subchapter D of Chapter 542 of the Texas Transportation Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a. fine not to exceed TWO HUNDRED DOLLARS (4260.00). Section S. ff any provisions, section, subsection, sentence, douse, or phrase of this Ordinance, of the application of some to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adoptirtig this new Ordinance' that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any constitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. S6etion 7. 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 is 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 Chapter 551, Tx. Gov't 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. Seddn•8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of 'the passage of this ordinance by causing the caption hereof to be published in the official newspaper oi`tEie, y of La Porte at least twice within ten (10) days after the passage ofifhis e�ria�e: ' Piagved. and=Aporpved .this day of September, 2002. CITY -OF LA PORTE By: Norman L. Malone, Mayor ATTEST: Martha Gillet, City Secretary APPROVED: John D. Armstrong, Assistant. City Attorney 0 $ boy PURCHASE ORDER rexns ORGANIZATION NAME Mgt Sery - Off. of Econ. Dev. - 2037 PURCHASE ORDER NO. P054663 VENDOR NO. DATE CONTRACT AWD. DATE CONTRACT & BOND APPR. DATE REQUEST NO. TERMS OF PAYMENT EST. DELNERY DATE NOT VALID, UNLESS APPROVED BY THE HARRIS COUNTY PURCHASING AGENT. OFFEROR MAYBE REQUIRED TO ENTER A BUSINESS ASSOCIATE AGREEMENT PURSUANT TO HIPAA HARRIS COUNTY AUDITOR do ACCOUNTS PAYABLE 1001 PRESTON, SUITE 800 HOUSTON, TEXAS 77002 (713) 755-6573 AU vendors doing business with Harris County should provide the Taxpayer Identification Number or Social Security Number as applicable. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Intemal Revenue. Service. 150,0001 150,000.00 25,0001 - 25,000.'001 175,000.00 A((713Y R QUESTIONS CONCERNING THIS ' ISSUANCE OF THIS PURCHASE ORDER IS CERTIFICATION BY THE HARRIS COUNTYRCHASE ORDER CONTACT: AUDITOR THAT FUNDS, IN THE AMOUNT OF THE PURCHASE ORDER TOTAL, AREANITA DUKE. AVAILABLE. ADDITIONAL TERMS AND CONDITIONS ON REVERSE 7 5 5 - 4 64 4 ORIGINAL' '' JACK McCowN, HARRIS COUNTY PURCHASING AGENT COUNTY AUDITOR'S FORM 3501 (REV. 03/99) STANDARD TERMS AND CONDMONS Aooepmnce of this order implies aooeptaoce of the following temps and coodltiaae, mess snpemsedad ha an athWW agreement: L SELLER TO PACKAGE GOODS: Sdkc will packsge goods in accordance with good ocmmetoW pmetioe. Bach shipping oonfla "be clearly► and p ordered an 8ollows : a) Seller's tame sad address; b) Conoipee'e name, address and puoahsse ceder nombm; e) cantsioer mamba and total mmmber of comtsineM cog ban 1 of 4 boxer; ad d) the amhber of the container beadag i he 1ecking alip (poustall g'codB de>ivere4 The > ft (a 11*118 tip) must sbmpwdmn rider mm m paakiog slip mambos; nmrmbex of items, stook number 4codneden of ddhM. and delivery date. Seller shall bear cost of pealmgtog uoleas othe wiee provided. L DEIdVERY: a) The title and risk of loss of the goods sbell not pass to Bayer un0 BWa actually nodves and talons possessions of the goods at the point or pain of delivery; b) delivery tams are RO.B. Inside DeRvwy, mhnse delivery testae erne epeMod odwwi a in bid; o)'lU place of delivery+ dhdl be tams set forth on the puritans order; d) Seller oust provide goods or services within tlro tea dates indicated en the protease arden The teems of this agreement are "m amvaL no sale " A INVOIC1rS AND PAYNM WM a) Sella shall submit an original invoice. hvoioes wMact to ouh discount will be odooh ted firma the data find invoice is received by the Cbm ly Auditor's Aeeoam Payable De munea Invoices mmet mdm to pup haw mmda mmmI to meure proper payment. MAIL. ALL ORICML4L IlWOICFS TO HARRIS COUNTY AUDITOR'S OFF M 1081 PRESTON, SUITE 90% HOUSTON, TESAS 7MMATTTE 720M: ACCOUNTS PAYABLE DEPART UNE b) Payments: The sou of the paymaeta doe Sella is limited to the amount t of money stated an dw Bice of this pmcbese arch Any pnWkw s p mvidad or seevicea rendered in excess of this anmoumt will be et Seller's expanse and tat payable by BWm No dtmsdm , wbdhudoma err eaha cberges of wW Mod will be pew. 11istrhuOdise may not be billed st a p d a bhgba then is ehood on dds onder c) Do not include Federal cocise, state cc city solos tan:. Pmsimot to Tom 7km Code Am. See.151309, as amended. Bays is exempted firm sales sod use is 4. GRAIUTTM Buyer may, by written notice to the Shcm cancel this cooked without liability to Sella if it Is determined by Buyer that gee, in the form of eateelaiament gifts, at otherwise, were offiaed at &an by the Sella, any stgar4 or representative of the Seller; to any ofdea at employee of Hams County with a view toarard securing a eonum at secm4ng 8evmable treatraat with respect to fire awarding or amending or the making at ray ddecusi natiosrs with rasped to tiro performing of such a eomlmd. In tiro event this camnad is emwded by Bayer pu m d to tide pmovisiea, BWw shall be in addit'wn to any ode d bon md:ommedies, to raeovw er withhold the amount of the cost mounted by Seller inpwviding suchgmuzities.. S WARRANTY PRODUCTS: Sella shall not limiter exclude say implied waermties and ray atbcmpt to do sounder this eomtraat voidable st ties option of BuycL Seller vmarmuhts that the goods fmmid wd will camfomm to the gmdficwknu6 drawings and desa ons tiered in the bid and to the samples(s) famished by Sellm if any. In the evert of a cou8ict betwom the speoificedonis, dsawingo and deem Wx%the spodflcadaon shall goveeo. 6. APPLICABLE LAW: Ma wamraett$ dud the products sold and/or services rendered, , meet the smodaeds promalgeied by the U.S. Department of Labor mWer the Occupatend Soft and HadffiAd of 1970 (OSHA) and cemfomms to the requirements of the Amedoans with Disabilities Ant (ADA) and other applicable Sedad st" and boat law 7. RIGHT OF INSPECTION: Baler elan have tlhe right to inspect the goods at delivay beinme accepting them. a CANC&id.ATION: Baler shall have the right to cancel £or defink all army part of the emdelivend porilon of this order is Seller breaches eery of the seems hereof incladimg warsam�tes of Seller or if the Sailer becomes insolvent or coils acts ofbankruptcy. Sash right of cancellation bin addition to and not in lieu of soy other remedies which Buyer may bave in law orequity. 9. TERAERMON: The paf6rmaoce of work mda this order may be iemmiaated in whole or m pent by Bayer in accordance wh h this provision. 'nemm wdm of work hereunder shall be fi, I d by the delivery to the Seller of a "Notice of temminsten" sj x id g the exI to which padoimaoee of wesk mder this order is taminabed and the date upon which such te®inatim becomes deo#m Such right of iomsia don is in addition to and not in lien ofrigbts of Buyer sot fi & in Chmse S. herein. 10. FORCE MAdEURE: My room of Force Mideare, either poly hereto "be eeodrsed enable wholly cr in pert to army out its obligations under this Agreement d= such party shall give entice and fall pe theaters of Force MWeme m welting to the other" within a reasoodde time after occumm e, of the event or cause relied upon, and the obligation of the party giving such ootoe, so far as it is affected by such Ferro Meyemes shall be saspo ded daring the cooducaaee of the inabm'lky then claimed. IL ASUG?4b g?D. Sella may tat asaigo, sell or otherwise tramafer dds oomtiaat widw writbea pemsiseion of dw Herrin CeisaW Ccmmiesioness Comt. Any assignment of this cooked is mede.soNect io allthe rights of the Buym M CONTROLLING DOCUhMCNTg: In throe event ofay eom9ict between ddw the trims and p wvidms of this pmrJmw order or the Buyer's advertised bid specifications, lemma and oendtbicro and tine teams or say peovidom(s) of any documents tendered by Shcm Ob purchase cede,; and rho Buyer's bid specifindons Cif any) shall oanW. 1& GOVERNM LAW: ibis agreement shall be governed by the Camofttiaa and hrws of the State of Tens, ae amended. Vimae for any litigation alining firm this contract shall 8e in Hands Ommty, Texas. ' dq*ome inquiries relating to mvoioM mR the County Auditor's Acoouats Payable Dept.: 713 + 755-6573. lblepbooe kgWria ielatmg to ova forme and conespondenm call tha County Pmdmsmg Depart 713 + 755 50K li uq* for bevaless, mail all other fos ms and eousai ndenee to the Hands County Poechwing Department. 1001 Preston, Suite 670, Bunton Taws 77002. U February 11, 2003 City Council Member City of La Porte 604 W. Fairmont. Pkwy LaPorte, TX 77571 Dear Council Member: RECEIVED CITY 8ECRETAkrs OFFICE For many years the La Porte Ministerial Alliance has been so generous in allowing the La Porte Ministerial Alliance to conduct the Easter Sunrise service in the Sylvan Beach Pavilion without charge. The La Porte Ministerial Alliance has always been pleased to freely sponsor the non- denominational community -wide Easter Sunrise service in the city of La -Porte. An offering is always taken at this valuable inter -church service with those funds going to the InterChurch Council for the primary relief of local indigent. Our ability to help local citizens receive needed funds for non -covered prescriptions, rent and utilities will be directly affected if our Ministerial Alliance has to bear the approximate $900 cost of the rental of the Pavilion. Can we please ask you -to review this matter and find a solution to help us continue this valuable community service? On behalf of the Alliance meeting today, Ax Rev. Michael Bingham, Vice President La Porte Ministerial Alliance • La P. or. to -Bay Area Heritage P.D. Box 847 LaPorte, Texas 77572-0847 March 13, 2003 City of La Porte 600 West Fairmont Parkway LaPorte, TX 77571 To city staff and city council members, • Society RECEIVED 1 �-- 2003 CITY MANAGER'S OFFICE Our board members wish to. request that our lease with the City of La Porte be modified, if possible, in regard to the type of insurance we be required to purchase At our board meeting on March 3, 2003 we voted to have public liability insurance coverage only. For some time, we board members have had discussions regarding insurance coverage for fire and wind for the building and contents. Our reasons for not thinking that it is advisable to pay the high premiums for such coverage are as follows: 1) The building itself is approximately 90-1.00 years old and we would not be able to replace it. We could afford to make minor repairs from our funds. This building is relatively sturdy and withstood the wind during Hurricane Alicia. 2) Almost all of the tables, chairs and_ bookcases have been donated from businesses in our city. 3) Memorabilia such as photos and paper archives have been collected over a period of time from donations from interested persons.. 4) Antiques or collectibles have been designated donations for the most part. Antique 'values are not determinable except on a willing seller -willing buyer basis. Our heritage society was organized 25 years ago and board members and other members have been able to maintain repairs on the building through funds derived from dues, donations, and various fund raising projects or special items for sale. As an organization we depend upon volunteers among the membership and from other resources. Our City of La Porte supports this historic. site's lawn maintenance consistently. This vigilant attention helps to add to the visual attractiveness people enjoy. F 5 Thank you for your consideration of this request. Board members: James Miller, president; Fred Muston, vice-president; Shan Revak, secretary; Imogene Pulleine, treasurer; and Cherie Black, Joe Gomer, Pete Guarino, Evan Kerr, Bill Love, Bob McLaughlin, Pauline Staner, J.L. Thompson, and Marjorie VanDeventer CITY OF LA PORTE 2003 LA PORTE CITY-WIDE SIDEWALK REPLACEMENT PROJECT CLP PROJECT 2002-4503 BID OPENING MARCH 5,2003 BID TABULATION r;;DAY'S'T ASE BID,PLU§ !­ 61ONTT,"`CTqR'!N� E':` i� 0;; ��le M LE-Tx-,E­ BASE: "I ALTERNATE , BROOKS CONCRETE, INC Y 90 $ 60,855.50 $ 62,425.50 EL DORADO PAVING COMPANY, INC. Y 90 $ 85,922.79 $ 86,314.79 CITY OF LA PORTE 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT #2002-4503 Advertising The Bayshore Sun — February 16, 2003 and February 23, 2003 La Porte Bayshore Chamber of Commerce LaPorte, TX 77571 Phone: 281-471-1123 Fax: 281-471-1710 Moore & Moore Contractors P.O. Box 1517 LaPorte, TX 77572-1517 Phone: 281-471-0145 Fax: 281-471-0601 Invitation to Bid Faxed Follis Construction 111 N. Broadway LaPorte, TX 77571 Phone: 281-471-6881 Fax: 281-471-6038 FORCE Corp. P.O. Box 1079 LaPorte, TX 77572-0853 Phone: 281-470-0550 Fax: 281-471-9627 Contractors that Picked un Plans & Specifications Brooks Concrete, Inc. Lucas Construction Co., Inc. C.H.C. & Sons, Inc. 4018 Allen -Genoa 1320 South Highway 3 Suite A 2047 Jacquelyn Dr. Pasadena, TX 77504 League City, TX 77573 Houston, TX 77055 Phone:713-947-8440 Phone:281-316-9990 Phone:713-683-9009 Fax: 713-947-8444 Fax: 281-316-6087 Fax: 713-683-0781 Freedom Contracting 4523 Sage Circle Baytown, TX 77521 Phone: 713-202-2161 Fax: 281-479-0779 Blu Construction, Inc. 1401 Todville Road Seabrook, TX 77586 Phone: 713-473-5599 Fax: 713-473-5997 El Dorado Paving Co, Inc. 13321 Chrisman Houston, TX 77039 Phone: 281-449-0700 Fax: 281-449-0660 Vincent's Construction Co. Inc. 5313 Larkin Houston, TX 77007 Phone: 713-863-1339 Fax: 713-863-1683 Douglas Construction 1700 Narcille Baytown, TX 77520 Phone: 281-425-1822 Fax: 832-414-4129 • • SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CITY OF LA PORTE, TEXAS HARRIS COUNTY, TEXAS JANUARY 2003 CLP Project No. 2002-4503 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT FOR CITY OF LA PORTE, TEXAS IN HARRIS COUNTY, TEXAS TABLE OF CONTENTS Page No. BIDDING REQUIREMENTS Invitationto Bid................................................................................... A-1 Scopeof Work.................................................................................... A-2 Instruction to Bidders............:.............................................................. A-3 Sidewalk Locations ......................... ...........:......................................... A-7 Bid Proposal For Unit Price Contract.................................................................. BP-1 BaseBid Proposal................................................................................ BP-2 Statement of Materials and Other Charges ............................................... BP-3 Bid Proposal For Unit Price Contract (Bid Schedule) .......................................... BP-4 CertificationBy Bidder.......................................................................................... BP-8 CONDITIONS OF THE CONTRACT Standard Form of Agreement.............................................................................. SF-1 PerformanceBond............................................................................... PP-1 PaymentBond.................................................................................... PP-3 General Conditions of the Contract......................................................................00700-1 SpecialConditions ................. :............................................................................. SCA Supplementary Condition to the Agreement .............................................. SC-4 CONSTRUCTION SPECIFICATIONS Summaryof Work................................................................................................01010-1 Submittals............................................................................................................01300-1 Shop Drawings, Products Data and Samples.....................................................01340-1 Testing Laboratory Services................................................................................01410-1 Field Project Representatives Services..............................................................01420-1 Temporary Facilities and Controls.......................................................................01500-1 Cleaningand Adjusting .................................................... :................................... 01710-1 Project Record Documents...................................................................................01720-1 9 E TECHNICAL SPECIFICATIONS Removing Existing Concrete Sidewalk................................................................. 1-1 Four Foot Concrete Sidewalk Replacement........................................................ 2-1 Concrete Construction for Structure..................................................................... 3-1 Undermined Sidewalk Point Repairs.................................................................... 4-1 Adjustment of Meter Boxes, Valve Boxes, and Manhole Rings and Covers....... 5-1 Concrete Driveway Replacement......................................................................... 6-1 BankSand............................................................................................................ 7-1 Sodding...................................... :.......................................................................... 8-1 Cement -Sand Backfill........................................................................................... 9-1 Dvi' •► a tea Sealed bids in duplicate addressed to Martha Gillett, City Secretary, will be received in the La Porte City Hall City Secretary's Office, 604 west Fairmont Parkway, La Porte, Texas 77571, until 2:00 p.m., Wednesday March 5, 2003 and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of: 2003 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT No. 2002-4503 The major portion of the project consists of removing and replacing of approximately 1917 Linear feet of four foot wide concrete sidewalk and the removal and replacement of fifty-two wheelchair ramps. Removed concrete to become the property of the contractor. The project is located in southeast Harris County in the City of La Porte. Hams County Key Map No. 539- R, W, X, No. 578 C, D, and No. 580 P. Each bid must be accompanied by a cashiers check, certified check or bid bond from a surety company licensed in the State of Texas for the sum of not less than five percent (5%) of the amount of the maximum total bid as a guarantee that the successful bidder will enter into a Contract and execute the Bond(s) if required, within ten (10) days after the receipt of the Contract Documents. Cashiers check must be made payable to the City of La Porte. The City of Porte hereby notifies all bidders that in regard to any Agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. Plans, specifications, and bidding documents may be obtained from: CITY OF LA PORTE PLANNING DEPARTMENT 604 WEST FAIRMONT PARKWAY LA PORTED TEXAS 77571 There is no cost for these plans. Said documents may be examined without charge or obligation in the Planning Department at City Hall. There will be a pre -bid conference in the La Porte Council Chambers 604 West Fairmont Parkway, La Porte, Texas 77571 at 2:00 p.m., Wednesday February 26, 2003. Attendance is not mandatory. The Owner reserves the right to reject any or all bids and waive any or all irregularities in bidding. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof or to reject the bid. No bid may be withdrawn until the expiration of 60 days from the date bids are open. City of La Porte Martha Gillett City Secretary A-1 • • SCOPE OF WORK CLP Project No. 2002-4503 2003 La Porte City Wide Sidewalk Improvement Project Project consists of the removal of existing sidewalks and replacement being with sidewalk or wheelchair ramps. Wheelchair ramps shall meet the minimum criteria as established by the American Disabilities Act. Removed concrete shall become the property of the contractor and removed from the site. Performance and Payment Bonds shall be required for these projects. A-2 INSTRUCTIONS TO BIDDERS CLP Project No. 2002-4503 RECEIPT AND OPENING OF BIDS The City of La Porte (herein called "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of the City Secretary, until the time and date indicated within the INVITATION TO BID, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed and addressed to Martha Gillett, City Secretary at 604 W. Fairmont Parkway, La Porte, Texas 77571. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. PREPARATION OF BID Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be f illed in, in ink o r t ypewritten, i n b oth words a nd f igures, a nd m ust b e f ully c ompleted a nd executed when submitted. Each bid must be submitted in duplicate in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, address as specified in the bid form. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. Bidders may not subcontract more than fifty percent (50%) of the work. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. QUALIFICATIONS OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any b id i f the evidence submitted b y, or investigation of, such bidder fails to satisfy the A-3 0 • 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 c ompany approved b y t he O wrier, i n t he a mount of f ive p ercent (5%) of t he b id. Such checks or bid bonds will be returned to all except the three (3) lowest bidders within three (3) days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. TIME OF COMPLETION AND LIQUIDATED DAMAGES Time is of the essence in this project and the contractor must diligently pursue the construction of the work so as to offer it for final acceptance by the Owner within the time limit specified in the proposal. Liquidated damages of $500.00 per day shall be chargeable for each day the work remains incomplete past the stated time limit. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to cant' out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to "City of La Porte, Attn: Planning Department, 604 West Fairmont Parkway, La Porte, Texas 77571" and to be given consideration must be received at least five (5) days prior to the date fixed from the opening of bids. Any and all such interpretations or any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. CONTRACT SECURITY The Contractor shall be required to furnish performance and payment bonds, executed .on the forms enclosed herein, each bond in an amount at least equal to one hundred percent A-4 (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS Attention is particularly called to those parts of the contract documents and specifications which deal with the following: a. Survey, Permits and Regulations b. Protection of Work and Property C. Time of Completion and Liquidated Damages d. Subsurface Conditions Found Different e. Insurance f. Separate Contract g. Subcontracting h. -Photographs of the Project LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. METHOD OF AWARD - LOWEST QUALIFIED BIDDERS If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids. The Owner further reserves the right to award the contract based on an adjusted base bid, which shall consist of any combination of alternate bid items and bid items included in the base bid. CERTIFICATION BY BIDDER The successful bidder will be f imished with a copy of City of La Porte Ordinance #98- 2217, prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The successful bidder will be required to certify that it is in compliance with the requirements of said ordinance. If the bidder is not in compliance with Ordinance #98-2217, it will assign to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due. Failure to remit this certification or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid. A-5 0 • 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 f or the prevention of accidents and the protection of persons (including employees) and property. (3) Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. A-6 • • LOCATION 822 Hackberry 3218 Lazy Pine 3118 Silver Springs 3202 Silver Springs 1015 Oak Leaf 1026 Oak Leaf 1034 Oak Leaf Subtotals Placement Removal Saw Cut LOCATION 1219 Mission 1423 Mission Subtotals Placement Removal G. V. Adj. 2002-2003 City Wide Sidewalk Proiect IMPROVEMENT sidewalk sidewalk sidewalk sidewalk sidewalk (saw cut) sidewalk sidewalk (placement only) (Relocate w. meter) 181.9 LF 97.2 LF 4.0 LF MONUMENT ESTATES IMPROVEMENT sidewalk (tie into driveway) sidewalk (g.v. adjust) 44.4 LF 44.4 LF 1 ea. L.F. PLACEMENT 8.6 26.3 4.7 15.5 4.0 38.1 84.7 L.F. PLACEMENT 12.4 32.0 A-7 GLEN MEADOWS LOCATION IMPROVEMENT L.F. PLACEMENT 5102 Valley View sidewalk (saw cut) 8.0 5217 Valley View sidewalk (saw cut) 8.0 5230 Valley View sidewalk (saw cut) 4.0 5106 Meadow Place sidewalk (saw cut) 8.0 5113 Meadow Place sidewalk (saw cut) 4.0 5101 Meadow Crest sidewalk (on Glen Meadows) 8.0 (saw cut) 4929 Meadow Crest. sidewalk (saw cut) 4.0 5006 Park Crest sidewalk (saw cut) ' 4.0 4905 Glenview sidewalk 13.8 5022 Crestway sidewalk (saw cut) 8.0 5025 Crestway sidewalk (saw cut) 8.0 5102 Crestway sidewalk (saw cut) 4.0 5105 Crestway sidewalk (saw cut) 4.0 5114 Crestway sidewalk (saw cut) 8.0 5102 Creekview sidewalk (saw cut) 12.0 5201 Creekview sidewalk 8.6 5022 Creekview sidewalk 7.6 5217 Creekview sidewalk (saw cut) 4.0 Farrington @ Creekview SW W.C.R.-B 23.1 sidewalk (placement) 16.7 A-8 • Farrington @ Creekview NW W.C.R.-B sidewalk (placement) Farrington @ Meadow Crest SW W.C.R.-B (g.v. adj.) sidewalk (placement) Farrington @ Meadow Crest NW W.C.R.-B Farrington @ Glen Valley NW W.C.R.-B sidewalk (placement) Farrington @ Glen Valley SW W.C.R.-B (g.v. adj.) sidewalk (placement) Farrington @ Meadow Place NW W.C.R.-B sidewalk (placement) Farrington @ Meadow Place SW W.C.R.-B sidewalk (placement) Subtotals Placement 231.7 LF Removal 285. E LF W. C.R. 8 ea. Saw Cut 100 LF G. Y. Adj 2 ea. BROOKGLEN/COLLEGEVIEW LOCATION IMPROVEMENT 3231 Fern Rock sidewalk (saw cut) 8406 Collingsdale sidewalk (saw cut) 8418 Collingsdale sidewalk (saw cut) 8715 Beechaven sidewalk (saw cut) 8710-8714 Beechaven sidewalk 8702 Beechaven sidewalk (saw cut) 8615-8703 Bandridge sidewalk 16.7 12.1 23.5 18.1 16.4 16.7 11.8 21.9 14.7 18.6 14.2 22.7 18.1 L.F. PLACEMENT 8.0 4.0 4.0 4.0 46.1 4.0 8.8 r_S1 • 0 8730 Collingsdale sidewalk (saw cut) 8.0 3123 Gladwyne sidewalk (g.v. adj.) (saw cut) 4.0 3303 Ashwyne Ct. sidewalk 5.8 3310 Gladwyne sidewalk 52.4 3331 Gladwyne sidewalk (saw cut) 4.0 3335 Gladwyne sidewalk 4.0 8835-8831 Oakhaven sidewalk (relocate w. meter) 4.0 (saw cut) 3723 Somerton sidewalk (saw cut) 4.0 3831 Somerton sidewalk (saw cut) 4.0 8511 Lazy Brook-3842 Fair Brook sidewalk 15.9 Subtotals Placement 185 LF Removal 185 LF Saw Cut 56 LF G. V. Adj. I ea. FAIRMONT PARK EAST LOCATION IMPROVEMENT L.F. PLACEMENT 10906 Idlewood sidewalk 5.5 3830 Pecan sidewalk 5.8 3 809 Redbud sidewalk (saw cut) 4.0 3840 Teakwood sidewalk (saw cut) 4.0 10920 Birch sidewalk (saw cut) 4.0 10813-10811 Collingswood sidewalk 16.2 A-10 Subtotal Placement 39 S LF Removal 39.5 LF Saw Cut 12 LF FAIRMONT PARK CENTRAL LOCATION EMPROVEMENT L.F. PLACEMENT 10322 Antrim sidewalk (saw cut) 4.0 10338 Antrim sidewalk 41.0 10438 Antrim sidewalk 4.9 10306 Belfast sidewalk (saw cut) 4.0 10346 Belfast sidewalk (saw cut) 4.0 10314 Carlow sidewalk (saw cut) 8.0 10338 Carlow sidewalk 14.7 10350 Carlow sidewalk 47.3 10322 Winding Trail sidewalk (saw cut) 4.0 10326 Winding Trail sidewalk 16.5 10306 Winding Trail sidewalk 15.4 10410 Belfast sidewalk 26.9 10418 Belfast sidewalk 19.2 10420 Belfast sidewalk 10.3 10424 Belfast sidewalk (saw cut) 4.0 3110 Oaken Ln. sidewalk (saw cut) 4.0 3214 Oaken Ln. sidewalk 7.0 3214 Oaken Ln. sidewalk (on Belfast) (saw cut) 4.0 A-11 • • 3109 Old Hickory sidewalk (saw cut) 12.0 3208 Old Hickory sidewalk (saw cut) 8.0 3323 Old Hickory sidewalk (saw cut) 4.0 10439 Catlett sidewalk (on Oaken) 14.2 10422 Carlow sidewalk (saw cut) 4.0 10447 Carlow sidewalk 4.6 10322 Winding Trail sidewalk 63.3 10406 Winding Trail sidewalk 24.1 10418 Winding Trail sidewalk 8.4 10439 Winding Trail sidewalk 6.0 10447-10451 Winding Trail sidewalk 10.4 10458 Winding Trail sidewalk (on Old Hickory) 10.0 10459 Winding Trail sidewalk (on Old Hickory) 8.0 (saw cut) 10407-10411 Collingswood sidewalk 10.1 10423 Collingswood sidewalk 10.9 10427 Collingswood sidewalk 12.3 10431 Collingswood sidewalk 23.3 10439-10435 Collingswood sidewalk 120.5 10435 Collingswood sidewalk 30.5 10442 Collingswood sidewalk (saw cut) 4.0 10439 Quiet Hill sidewalk 13.3 10439-10443 Quiet Hill sidewalk 8.4 A-12 L 10458 Quiet Hill sidewalk (on Old Hickory) 4.0 (saw cut) 10439-10443 Rustic Gate sidewalk (saw cut) 4.0 10454 Rustic Gate sidewalk 7.3 10455 Rustic Gate sidewalk 14.8 10458 Rustic Gate sidewalk (on Old Hickory) 14.2 10459 Rustic Gate sidewalk (on Old Hickory) 4.0 (saw cut) 10315 Rustic Rock sidewalk (saw cut) 4.0 10327 Rustic Rock sidewalk (saw cut) 4.0 10402 Rustic Rock sidewalk (saw cut) 4.0 10419 Rustic Rock sidewalk 28.1 10431 Rustic Rock sidewalk (saw cut) 4.0 10438 Rustic Rock sidewalk (saw cut) 4.0 10443 Rustic Rock sidewalk 17.5 10458 Rustic Rock sidewalk (on Old Hickory) 1.4.7 10459 Rustic Rock sidewalk (on Old Hickory) 28.4 10459 Rustic Rock sidewalk 17.9 10307 Shell Rock sidewalk (saw cut) 4.0 10311 Shell Rock sidewalk (saw cut) 4.0 10327 Shell Rock sidewalk (saw cut) 8.0 10414 Shell Rock sidewalk (saw cut) 4.0 10430 Shell Rock sidewalk 5.3 10434 Shell Rock sidewalk (saw cut) 4.0 A-13 • 10442 Shell Rock 10447 Shell Rock 10447-10451 Shell Rock 10451 Shell Rock 10458 Shell Rock 10339 Rocky Hollow 10340 Rocky Hollow 10422 Rocky Hollow 10442 Rocky Hollow 3113 Old Hickory Farrington @ Rustic Rock S.W. Farrington @ Shell Rock S.W. Farrington @ Shell Rock N.W. Farrington @ Rocky Hollow S.E. Subtotals Placement Removal Wait Saw Cut GV.Adj. sidewalk sidewalk (saw cut) sidewalk (saw cut) sidewalk (saw cut) sidewalk W.C.R.- B/sidewalk (g.v. adj.) W.C.R.- B/sidewalk (g.v. adj.) sidewalk (saw cut) sidewalk (saw cut) sidewalk (saw cut) W.C.R.- B (placement only) W.C.R.- B (placement only) W.C.R: B (placement only) W.C.R: B 919.8 LF 981.7 LF 6 ea. 168 LF 2 ea. 15.7 4.0 4.0 4.0 18.4 29.0 18.7 8.0 8.0 4.0 0.0 0.0 0.0 14.2 FAIRMONT PARK WEST LOCATION IMPROVEMENT L.F. PLACEMENT 10011 Wilmont sidewalk 7.7 10019 Wilmont sidewalk 8.3 9707 Dover Hill sidewalk (saw cut) 8.0 A-14 9711 Dover Hill sidewalk (saw cut) 4.0 9746-9738 Dover Hill sidewalk (saw cut) 4.0 10002 Winding Trail sidewalk (on Dover Hill) 31.8 10030 Winding Trail sidewalk (saw cut) 4.0 10115 Winding Trail sidewalk 11.9 10127 Winding Trail sidewalk (on Roseberry) 9.3 9910 Stonemont sidewalk (saw cut) 4.0 9915 Stonemont sidewalk (saw cut) 4.0 10026 Rocky Hollow sidewalk (saw cut) 4.0 10119 Rocky Hollow sidewalk 17.6 9835 Rustic Rock sidewalk (saw cut) 4.0 10103 Rustic Rock sidewalk (saw cut) 4.0 10102 Rustic Rock sidewalk (saw cut) 4.0 10126 Rustic Rock sidewalk (saw cut) 4.0 10027 Rustic Gate sidewalk (saw cut) 4.0 10010 Rustic Gate sidewalk 8.5 10003 Rustic Gate sidewalk (saw cut) 4.0 9803 Charmont sidewalk 24.1 10011 Charmont sidewalk (saw cut) 4.0 10103 Charmont sidewalk (saw cut) 8.0 10107 Charmont sidewalk 17.4 10111 Charmont sidewalk 8.1 10115 Charmont sidewalk (saw cut) 4.0 A-15 • • 10110 Quiet Hill 10002 Carlow . 10011 Carlow 10119 Belfast 10118 Belfast 10106 Catlett 10127 Roseberry 3507 Roseberry 3427 Roseberry 3403 Roseberry Carlow @ Catlett N.W. Carlow @ Catlett N.E. Carlow @ Belfast N.W. Carlow @ Belfast N.E. Wilmont @ Rocky Hollow S.W. Wilmont @ Rocky Hollow N.E. Wilmont @ Shell Rock Wilmont @ Shell Rock Wilmont @ Rustic Rock N.W. Wilmont @ Rustic Rock S.W. Wilmont @ Rustic Rock N.E. Wilmont @ Rustic Gate N.W. Wih-nont @ Rustic Gate S.E. sidewalk (saw cut) sidewalk (saw cut) sidewalk sidewalk sidewalk sidewalk (saw cut) sidewalk sidewalk (saw cut) sidewalk (saw cut) sidewalk (saw cut) W.C.R.- B . W.C.R.- B W.C.R.- B W.C.R.- B W.C.R.= B W.C.R. - B W.C.R.- B W.C.R.- B W.C.R.- B W.C.R.- B W.C.R.- B W.C.R.- B W.C.R.- C 4.0 4.0 9.2 20.8 29.8 4.0 9.3 8.0 4.0 4.0 13.7 13.4 14.6 13.8 9.5 9.7 9.7 18.2 10.1 9.5 9.7 23.7 23.6 A-16 1-1 • Wilmont @ Quiet Hill S.E. Wilmont @ Parlanont N.E. Wilmont @ Parlanont N.W. Wilmont @ Cedarmont N.W. Wilmont @ Cedarmont S.W. Wilmont @ Cedarmont S.E. Wilmont @ Roseberry N.E. Wilmont @ Roseberry S.E. Cedarmont @ Charmont N.E. Cedarmont @ Charmont N.W. Cedarmont @ Charmont S.E. Cedarmont @ Charmont S.W. Cedarmont @ Dover Hill N.W. Cedarmont @ Dover Hill N.E. Cedarmont @ Dover Hill S.W. Cedarmont @ Dover Hill S.E. Cedarmont @ Stonemont N.W. Cedarmont @ Stonemont N.E. Cedarmont @ Stonemont S.W. Cedarmont @ Stonemont S.E. 9907 Antrim W.C.R.- B W.C.R.- B W.C.R.- B W.C.R.- C W.C.R.- B W.C.R.- B W.C.R.-B W.C.R.-B W.C.R.- B (2 g.v. adj.) W.C.R.-B W.C.R.- B W.C.R.- B W.C.R.-A W.C.R.-A W.C.R.-A W.C.R.-A W.C.R.-A W.C.R.-A W.C.R.-A W.C.R.-A W.C.R.- B 15.0 14.0 13.9 23.5 15.8 22.0 13.7 15.9 34.6 15.9 18.5 11.0 39.9 35.5 36.3 37.9 40.7 39.3 36.9 23.5 34.5 A-17 • • Subtotals Placement Removal W. GR. Saw Cut LOCATION 313.8 LF 103L3 LF 34 ea. 100 Lf CREEKMONT Myrtlecreek @ Stonecreek N.W. Myrtlecreek @ Sugarcreek S.W. Myrtlecreek @ Sugarcreek N.W. IMPROVEMENT W.C.R.-A W.C.R.-A W.C.R.-A Myrtlecreek @ CanyonSprings SW W.C.R.-A Subtotals Removal W eR. 60.4 LF 4 ea. L.F. PLACEMENT 11.5 14.5 14.4 20.0 A-18 I BID PROPOSAL FOR UNIT PRICE CONTRACT CLP PROJECT No. 2002-4503 Proposal ofl�l, fV% �/�/l. (hereinafter called "Bidder") a corporation, organized and existing under the laws of the State of Texas, a partnership, or an individual doing business as l wzz&- to the City of La Porte, Texas (hereinafter called "Owner"), Ladies and Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of 2003 La Porte City - Wide Sidewalk Improvement Project per plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site(s) of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 45 consecutive calendar days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt . g ece pt of the following addendum: Date:1T D 3 BP-1 BASE BID PROPOSAL BASE P ROPOSAL: B idder a grees t o p erform a II o f t he w ork shown o n t he p Ianlanry a nd furthgr;describe4 in The #pppificayons for thksum of / _ J"7V 74PJ�dfll dollars ($ L 9SS.If'--!SM OF / ). (Amount sKiall be'shownfin both words and figures. In case discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. i The bid security attached in sum of dollars ($ .7S - ) 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. Respectfully submitted BY: a re of Authorized Person) (Print me o utharized Person) (SEAL) boo, ( -1h or (Title) /y &.& Guoaq (Business A dress) i ity) (State (Zip Code) (Telephone Number) BP-2 0 • STATEMENT OF MATERIALS AND OTHER CHARGES USD MATERIALS INCORPORATED INTO THE PROJECT: $ ��jj�ys ALL OTHER CHARGES: $ 7lo TOTAL: $ I This total must agree with the total "Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. BP-3 BID PROPOSAL FOR UNIT PRICE CONTRACT ' BID sGHFD ji F ' CLP Project No. 2002-4503 2003 La Porte City -Wide Sidewalk Replacement Project I DATE: -3 Bid of -TWL an individual proprietorship, a corporation organized and existing I under laws of the State of Texas, a partnership consisting of I for Construction of 2003 La Porte City -Wide Sidewalk Improvement Project, for the City of La Porte, Harris County, Texas. To: City of La Porte 604 West Fairmont Parkway I La Porte, Texas 77571 Attention: John Joems, Acting City Manager iGentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General i Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and. will provide a II necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below ' Item Description of Item with Unit Bid Price No. in Written Words Unit Approx. Unit Quantity Amount Total Price ' 1. Move -in and start up including performance and payment bonds for 100 percent (100%) of the contract amount 7-& 1,4v di - JAI J'al L.S. Per Lump Sum SIDEWALK REPLACEMENT 2. Concrete sidewalk placement: four foot wide, four inches thick, poured with 3000 psi concrete (min). Complete in place. T Ca.� Z/V LF 1917 $ _ $.��712 Per Linear Foot BP-4 I Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price 3. Removal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal mdn r �e l/ LF 2725.1 $ Per Linear Foot 4. Concrete wheelchair ramps. In accordance with details and complete in place. EA $ $ Per Each 52 5. Adjustment of existing gate valvesCo lete in place. . fib Per Each EA 10 6. Saw cut in concrete as needed to undertake construction of Item No. 2. omplete in Place. LF 440 $ $ .17 Per Linear Foot ALTERNATE BID TEMS A-1. Extra bank sand (ordered by City). Complete in place. f TON 2 $ $_ Per Ton A-2. Extra sod (by City). Complete in place. P72,? v a CC� SY 100 Per Square Yard BP-5 fv TOTAL BASE BID TOTAL BASE BID PLUS ALTERNATE $ 6 �f SO The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 1. (Add)( adi ) $ (� 2. (Add) f aduct) $ It is understood and agreed that the work shall be complete in' full within forty-five (45) calendar days after the date on which work is to be commenced as established by the Contract Documents. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of. the undersigned. It is understood that the Owner reserves the right to reject any and all bids. BP-6 • purse= to paragraph 14.04, or after final payment pursuant to paragraph 14.07.- C. A y iasuramoe policy maintained by OWNER cover- ing any loss, damage or conwApmtal Ices referred to in paragraph 5.07.8 shaH contain proviskm to the effect dud in fire event of payment. of any , such loss, damage. or cowupbndai loss, the insured w81 have no rights of recovery '- against CONTRACTOR.. ' SuhI m, ENOMW or EN�G.II.,VtE,.E.R.'�s Cmmdtm to and trite oMcerao dit ctora. partners. `^"Y loyeas. Meats. and other consultants aura subcomtractora of each and any of them.,. 5.08 Receipt and AppUcmlm of irrsti wwe Proceadr A. Any insured loss under the policies of imuraac e required by paragraph 5.06 wn71 be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear. subject to fhb requirements of any applicable mortgage 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 apw mew as fire parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired at replaced. hitch mnoaheys so received appifed on account thereof, and the Wmk and fhe cost &=d covered by an appropriate change Order "or Written Amend>neent. = I- . .p • , B. OWNER as fieitueiary shall have power to adjust and settle any loss with fife bsiitm tmiM brie of fitb parties in interest dudl object in writing within 15 days after the occurrence of loss to OWNffit's exercise of this power. If such objection be made. ORINi i as fiduciary shall mah seotlemeat with the insurers io accordance with such agreement as the parties in interest may reach. If no such ag t among the parties in interest is reached, OWNER as fiduciary shall adjust and settle fro Iola with die insurers and. if required in writla.S b3► aaq► patty in iaterest. OWNER as fiduciary 9a11 give thud for do proper perfot=m= of such duties. 5.M Aceeptmrce of Boards and bmwtm Option to JuphW0 . A. If either OWNER or CONTRACTOR has amy objection to the coverage afforded by or other pe vvisions of the Bonds or iaom= required to be purchased and maintained by the other party in accerdmm wits Article 5 an to basis of non-c:onfOrmancx with fhe .Contract Documents. fhe objecting party shall so notify► the odor party in writing within 10 days after receipt of the cetificafx s (or other evidence requested) regcdted by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to -the other such additioond information in reapec t 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 of such party by the Contract Documents. such party shall _ notify the other party in writing of such faftt m to purchase prior to tie start of the Work, or of such h2um to maintain prior to any change in the required coverage. Without!, prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was i ..rtgcdred to provide such coverage, and a •Change Ordershall'' be issued to adjust the Contrad Price accordingly. �, •) :J nt =tea 5.10 Panful Udfitathm Aabrowlodgnme of Proper'' • Insurer I'II A. If OWNER finds it necessary to eiamhpy azfuse al portion or portions of fee Work prior to Sthbstahrtial Completion of sU the Work as provided in Paragraph 14.Q5, no sock use or occupancy shall commence before the U pmvkftg to ply insurance P to p�Ph 5.06 have acknowledged notice thereof and is writing cAxftd any, changes in coverage necessitated thereby. The iasurerslI providing the property hmuraocx shall consent by endorse- ,. meat our the policy or policies, but tie property insurance shall not be cycled or permitted to lapse an accoomt of amyl ; - such partial use or occupancy. • :1 ARTICI.B 6 - CONTRACTORS •RESPONSIBII.ITIES • 1r� 6.01 Sirpe -Wdon and Sgperbztmdmm i A. CONTRACTOR shah supervise, inspect, and direc! the Work c =p t may and efficieolly, devoting such atta duo . - thereto and applying loch skills and expertise ss may be; i nec essary..to perform the Work is accordance with ftte Contract Documents. CO TIRAC.�T.,Oy.R.,,,S,ball be mAcly: respaoahble for the means, methods, techniques, and procedures of construction, boa CONTRACTOR shall': . not be responsible for the negligence of OWNER or ENGIINEIER in the design or specification of a speciSd meam. method, technique, sequence. or prod of construction which is shown or indicated in and expressly : : requited by the Coemract Docomeota. CONTRACTOR shah be repamnlle to sex' that the c omploted Wart ccacpliei. accurately with the Cbmtract Documents. B. At all times during the progress of the Work; CONTRACTOR sball assign a competent resident sopetm-:. . tendent thereto who dM not be replaced without written notice to OWNER and ENGUMER except under exf:am mm circmmistamces. The squintendett I be? CONTRACTOR's represe�dye at the Site and shall have authority to ace on behalf of CONTRACTOR. AU .. commmmcetions given to or received from he mgarmtendog "be binding on CONTRACTOR. 00700 -18 i._ L 4. cover mateaals and AM stored at the Site or at another location that was agreed to in writing by OWNER prior to b ft ipcotpoxted in. On Work, provided that such materials 4ad haw been inch>ded in an Application for Payment recommended by ENGDMMW,- 5. allow for partial vtd¢adw of the Work by OWNED; 6. include testing and startup; and 7. be maintained in effect natil final payment' is made nab= otherwise agreed to in writing by OWNER. CONTRACTOR. and ENGRUM with 30 days written notice to each other additional 'neared to whom a certifi- cate of insurance has been issued. B. OWNER shallporchase and maintain such boiler and machinery insurance or adM nal proporty Insurance as may be required by the Supplementary Cans or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, 9 ENGINEER, ENGD�s Conanitazas, and any other individuals or tnthNea identified in the Supplementary Conditions, each of whom is -deemed to have an insurable interest and shaU be listed as an insured or additional inru ed. C. All -the policies of insurtine.(and the certificates Ar other evidence thereof) required Aj.m.-pumbased and maintained in a000rd mw with paragraph 5.06 will contain a provision or eadorsemeat that dw coverage afforded will not be canceled or materially changed or renewal rtfused 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 hag been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and Maintaining any properly insurance .Vwifwd , in this paragraph 5.06 to protect the I I I of CONTRACTOR. Subcoipraciora, or others izt fha Work to. due extent of any dedpaiilik amotmfs that are identified in due Suhpplemeota y COMM&as. The risk of loss within sock dedtuaible aMouaut will be borne by CONTRACTOR, Sractora, cc othets. any such loss. and N any of them wishes P.ZWMLY insurance coverage within the limits of such amouM. each may p tchase and maintain it at the maser's own expense. • U. If CONTRACTOR requests in writing flint other + is►t bsuriuw be included in the property insurance . under paragtapYlhJ5.06, OW$NEERR.shalt, if *;'AImadm=L �� , and the coat thereof will be CONTYACTOR by appropriate ChangOrder or M....Prior to oommancemeat of the Work at the Site, O4sw in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Wart►er of Nghrs A. OWNER and CONTRACTOR intend that all policies purdiesed in accordance with paragraph 5.06..wM punted OWNER, CONTRACTOR, Sihbcoatractoza9 BNG Ett. ENGINEER's Consultants. and: site other individuals or In tha y Go�ona to bo listed as imoreds or additional mtwe4s (and du ofterpw directoca. par�ta, a mplayees, agents. and other soltants and suboo*actoat of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policin did contain provisions to the of W drat in the eveat of payment of any loss or 4ana ep the hLympm will have an rights of recovery against any of the io grab Qr additonal humads thereunder. OWNEit an$.COpiWC- T01t %rain all rigbts against each other and their respective owmeha. duertors. partners. employees, aged, and other, comubm i and so r , at ractors of each and any of $64 for all losers and damages caused by, arising out of or resultins from any of the perils or causes of loss covered by ' snc'h RoUci4 apd may other Property MMMM x a$ !li to *6 Wadr. a* in adder, w6hV AE.tt A. dft. udst SIP. 'rectors. ENGIIIEM HNINIbIUMB OaowltPIft; and all other individuals or entities identified is the Sipplemen- tary Condition to be listed era; h puqlsjor additional hands (and the oficers, directors, Partners; employes, age, and odan' eoaatndwals and subconfractors of eaw.jx d aril orenn, under such policies for losses and damages so caused.' None Of die above waivers shalt extend to the right's that 9W party stating sock waiver may have to the proceeds of hworanc c held by OWNER as trustee or otherwise payable under any policy so issocd. B. OWNER waives an rights against CONTRACTOR, Subcouiractota. ENGMEER, ENGINSBR's Consultants, and do off, &M*)ra. partners. employees. agents. and oilier consultants and suI s of each ant any of them fat: 1. loss doe to business interruption, loss of use, or oilier r 1 1 d Ion extending beyond direct physical .Ps or damage to OWNEWs property or die Woe. caused try, arising out of, or resulting from Ere or other peril wbedher.or not insured by OWNER; and . 2. loss or damage to do completai Prbject or part duemof caused by, arising out of, or resoltctg from Ere or other iosored peal' or ranee of loss covered by any property insurance maintained can tho completed Project or part thereof by OWNER during partial trtdisation parsusut m paragraph 14.05, atier Suixtantial Completion 0070D -17 u 4. claims for damages insured by reasonably available personal kftuy liability coverage which are sus- tained: C) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (a) by any ot= person for any other reason; S. claims for damages, other than to the Work itself, because of injury to or destruction of tangz'ble property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. B. The policies of insurance re required by this paragraph 5.04 to be purchased gad isintained 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 is -respect of professional liability) OWNER. ENGMEER. ENGINEER's Consultants, and nay other individuals or entities identified in the Supplema>taq► Conditions, all of whom shall be listed as additiional insureds, and include coverage.for th respecdve of icers, directors, partners. employees. 'agents. and other consultants and s -1 tractors • sbf each 'ind'aay 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 liability provided in the Supplementary Conditions orIrequired by Laws or Regeilations, whichever is greater. 3. include completed operations insurance; w 4. include amtractaal liability li raex covering CONTRACTOR's indemnity obligatiama under para- grapbs 6.07, 6.11, and 6.20; 5. contain a provision or endorsemeat that the coverage afforded will not be canceled, materially changed or renewal refused until at Ina thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional inwred kimfifie d is the Supplementary Conditions to whom a certificate of inmmmce has been issued (and the cwi5cates of insurance fizrnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operas = instraacx, and any insurance coverage written as a claims -math basis, remain is effect for at least two -years after &a payment (and CONTRACTOR shall ftzrmsh OWNER and each other additional insured identified in the Suipp mentary Conditions, to whom a .certificate of insuraa� 1. has been issued, evidence satisfactory .tn. OWNER and any such additional insured of continuation of " 9asur w at final payment and one year thereafter). 11 5.05 OWNER'a Liability I msz win A. In addition to the insurance required to be provides by CONTRACTOR under paragraph 5.04, - OWNER, at OWNER's option; may purchase and maintain at OWNER't expense OWNIIVs own liability insurance as will. protc� OWNER against claims which may arise from operations- under- the Contract Documents. 5.06 Properly l»sterwwe A. Unless otherwise provided in the Supplementar f i Conditions, OWNER shall purchase and maintain propmtl . insurance upon the Work at the Site is the .amount of the full replacement cost thereof (subject to such deductible auizoiinC' as may. -.be •provided' `ia tin Supplementary . Conditions o{ required by lAws•and eguladons). This insurance shall:: ! • 1. include the interests of OWNER, CONTRA(. TOR, Subemtractors, ENGINEER, ENGINEER'! Conpvitapts, and any other individuals or entities identii- fled in the Supplementary Conditions. and the off curs! , dire tors. partners, employeesp agentsy aid' ot'ha' consultants and s-1 --ztraetors of each and nay of them,, each of whom is deemed io have an instasble it anti shall be listed as an addRional insured; i 2. be written an a BuzMWs Risk 'all-risk` or open peril or special causes of loss policy form that shall a` least include; insurance fnr physical loss or damage to thi Work, temporary buildings, false work. and materials and egnipmemt is transit, and.shall insure against at least thr following . perils or causes of loss: fire, lightning extended. coverage, tizeft. vandalism and malicious' mischief; eaztbgwdm, collapse, -debris removal_ demolition occasioned by - enforcement of Laws am Reguladan , water damage, and such other pants oa, causes of loss as may be specifically required by the Supplementary ' Conditions; 3. include expenses incurred is the repair or replacement of any insured property (Including but no, limited to feu and charges of engineers and architec4s); 00700 -16 r� in this paragraph 4.06.E shall ob• OWNER to indemnify say individual. or entity from and against the consawcoca of that indhiduai's or entity's own negligence. H. To the fullest extent permitted by Laws and Reguladons, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, E146M FB's Cmultants, and the 620wecs, dusters, Pa Uft, employees, agents. other consultants, and thrbcontractors 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. eagineets, , attorneys, and other Foftsiamals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous fimriranmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is mWoosible. Nothing in this paragraph 4.06.P shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences -of that indlvidual's or entity's own negligence. L The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous IP ne atal Condition uncovered or revealed at the Site. ARTICL135 - BONDS AND INSURANCE 5.01 Pa ivniome; P ymad, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in as 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 cue year after the - date when &W payment becomes due, ea apt as provided otherwise by Laws or Regulations or by due Contract Documents. CONTRACTOR shall also furnish such other Bands as are required by the Contract Documents. B. All Bonds shall be in the form presaibed by the Contract bocinuouts c=j)t a: provided otherwise by Laws or Regulations, and shall be cosseted by such sureties as are named in the current list of `Cow Holding Certificates of Authority as Aorxptable3ltruxies on Federal Bonds and as Aeoepueble Reinsuring Companies' as published in Circular 570 (amonded)' by the Financial, Management Service. Surety Band Branch, U.S. Department of the Treasury. All Bond: signed by an spent must be accompanied by a certified copy of such agont's authority to act, of paragraph S• , CONTRACTOR shall within 20' days thaw fier substhate another Bond and surety►, both of which shall comply with the requirements of paragraphs 5.01.B and S.M. 5A2 Licensed Sys mid !issuers A. All Bonds and insurance required by the Contract Documaft to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surey at insurance companies that are duly licensed or authorized in the jazisdiction in which fire Project is located to issue Bonds or insurance policies for fire limits and coverages so required. Such surety and inomanc a companies shall also meet such addidonal reguirements aid qualffications as may be p wided in the Supplementary Conditions. S.03 - aw recurs of kuwWwe A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified is the Supple- mentary Conditions, cartficates of insurance (and other evidence of insurance requested by OWNER or any other add! mal msuroQ which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supple I a taty Cis, Cklificates of insaraoee (and other evidence of insurance rtequeited by CONTRACTOR • or' any other additional insured) which OWNER is requ ired.ter purchase and maintain. 5,04 CDNZXACTOR's Liability Ltsm=w A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the work being performed and as w01 provide protection from claims set fehrth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligation; under the Contract DbCQmCnts, wholha it is to be performed by CONTRACTOR, any Subcontractor or Supplia, or by anyone directly or indirectly employed by sap of them to Perform any of due Work, or by anyone for whose acts any of them may be liable: VOL C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its . 'fl* to do business is mated in any state where any part W 90 Project is located or it ceases to meet the requirements 00700 15 1. claim:.under workers' compensation, disability beaefrts. and other similar employee benefit acts; 2. claims for damages because of bodily injury, oional sickness or disease, or death of CONTRACTOR's employees; 3. claims fcr damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR'S employees; • (I 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 moan im t 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 monument: by professionally qualified personnel. 4.06 Xatmdous EnWromnotal Cm didm at Site A. Repom and Drawings. Reference is made to the Supplementary • Conditions for the identification of those reports and drawiaga relating to a Hazardous lQviranmental Condition identified at tine Site, if any, that have been nu ized by the ENGDMER in the preparation of the Contract Documents. B. Lbdted Reffatce by COM ICTOR ok Tedrniad Data Authorised CONTRACTOR may rely upon the general accuracy of tie "technical data" contained in such reports and dmwings, but such reports and drawings are not Contract Doctmsm m. Such "technical data" is identified is the Supplemexhtary Conditions. Except for such reliance on, such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, BNGWESR or any of ENGINEBR's Consultants with respect to: . 1. the completFnesa •of.such reports and drawings for CONTRACTOR'S. purpose s, including, but not limited to, say aspects of do means, methods, techatgnes, se queaxs.and.proc ediaes of construction to be e,.aployed by CONTRACTOR and safety precautions and programs incident thereto; or 2.. other data, inteipretation,a. opinions and information contained in such ,reports or shown or indicated in such drawings; or 3. any CONTRACTOR itiao of or won drawn from any `technical data" or any such aRher data, iaRerpretations. opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Bnvironmental Canditim uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications of identified is the Contract Documcm to be within the scope of the Worm. CONTRACTOR shall be responsible for a Hazardous Euvironmmtal Condition created with any materials bmnght to the Site by CONTRACTOR, .Q-- - D tracbora, Suppliers, or anyone else for whom CON- TRACTOR k responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or mWone for whom CONTRACTOR is responsible creates a Hazardous mental Condition, Condition, CONTRACTOR shall human- ately: (f) secure or otherwise isolate such condition; Crh7 nopl all Work in connection with such condition and in any area . affected thereby (except is an emergency. as required by paragraph 6.16); and M notify OWNER and ENGlNM! (and promptly. thereafkar confirm such notice in writing). OWNER shaII promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified aRmt to� evaluate such condition or take corrective action, if any. B. CONTRACTOR shall not be required to resume! Work in connection with such condition or in any affected)I 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 bas been rendered safe for the resumption of Work; I . or (n) specifying air special conditions under which such Work may be • resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on, the aina mt or extent.• if any. of my adjustment is 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 ed 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 ` an a reasonable belief it is unsafe, or does not agree to .c resume sncli• Work under such special conditions; then OWNER cM.prder tine portion of the Work that is is the area affected by such condition to be deleted from the Wadr. � If OWNER and CONTRACTOR- cannot agree as to entitlement to or on tire: amount or. extent, if say. of an!,! adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may 1 make a Claim therefor as provided is paragraph 10.05. I OWNER may have such deleted portion of the Worst permed by OWNEIVs. own foires or others in accordance,.. with Article; 7. G. To the .fullest extent permitted by Laws and Regulations. OWNER shall indemnify and bold harmless ' . CONTRACTOR. Subcontractors, ENGINEER, ENGINEF.[t's Consultants and the officers, directors, partners, =Vloyees,: agents, other consultants, and' subcontractors of each apd*any of them from and against all claims, costs, losses, anddamages (including but not limited to all fees and charges of engineers, architects, attorneyse 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 do Drawings or Specifications or identified in the Contract Documents to be included within the scope of t the Work, and (u) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing It L, • 2. CONTRACTOR shall not be entitled to any adjaatm+ent in the Contract Price or Contract Theses if: a. CONTRACTOR Imew of the existence of such conditions at the time CONTRACTOR made a final Comm to OWNER is respect of Contract Pdca and Contract Tk =mes by tin; 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 result of any examioatico, hVestignion, -azooratka. te4 or study of the Site and contigoom areas A equired by the Bidding Requirements or Contract Documents to be conducted by at for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written mice within the time and as squired by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Caumict Times, or bud, a Claim may be made therefor as provided in paragraph WAS. H*%Vver, OWNER, ENGIIdEER, =4 ENGIN ERIVe Consultatts shall not be liable to CONTRACTOR for any dd =, costs, losses, or dama_ges,;&dgdFttgbnt not limited to all fees and charges of eeghmm, architects, atbornaM and other proftak h and all court or arbitration or other dispute rmlutk m costs) sgstained by CONTRACTOR on. or In c mmwdon- widt any other project or anticipated project. 4.04 Und growid Fad9de t A. Sma or indcatek The information and data shown or indicated in the Contract Documents with respect to exSting Underground Facilities at or contiguous to the Site is based an information and data furnished to OWNER or ENGII4EBR by the owners of such Underground Facilities, ding incluOWNER,. or by others. Unless it is otherwise w9masly provided in'the Conditions: i . OWNER and ENGINEER: xW not W responsible for the ac coracy or completeness of any such information or data; and 2. the cost of all of the following will be included in rim Contract Price. and CONTRACTOR shall have full resposribhT. for. a. reviewing sad checbag all such information and data, • b. locating all Underground Facilities shown cr indicated in the Contract Documents, c. comftaft of the Work with the owners of mich Underground �g �. �, including OQVNiF.R, d. the safety and protection of all such Under- gronod Facilities and repairing any damage thereto resulting from the work. B. 'Not Shmm or Indcarad 1. If an Underground Facility is uncovered or revealed at or caudguoui to the Site which was not down or indicated, or not shown or indicated with reasonable accmacy kn the Contract Documa n, CONTRACTOR duA.Fmq* after becoming aware thereof and before further disturbing conditions af%ctel thereby or performing any Wort in connection therewith (exxpt is an amBacy as Wired by paragraph 6.16.A). idea ft the owneF of such Underground Facility and give written notice to that of !nor and -to OWNER and ENGINEER. ENGIIMSR Will promptly review the Underground Facility and determine the extras, if nay, to which a change is required in the Contract Docomeats to reflect and docament rho consequences of the exiMMce or ..,loaaft.of the Underground Facility. During such time,. • :: CONTRACTOR shall be teVonsible for lice Safety and .: p MtWb*=.of such Underground Facility. s� %. 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 adjustmest dell be nee in to Contract Price of Caettact limes, or both.. to the exttmt that they are attrilutable to the existence or location of nay Underground Facility that was not shown or indicated or not shown or indicated witch reamnable aanacy In the Co®aact Documents and that CONTRACTOR did not know of and could not reas®bly have been cqxxftd to be aware of or to have anticipated. U OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or cams, if =W, of any such aTjusbn= in Contract Prix or Cow= Tk ues, OWNER or CONTRACTOR may maim a Maim therefor es provided in paragraph 10.05. 4.05 Rorma Points A. OWNER shall Provide engineering surveys to establish reference pomts for 'construction which in ENGINMVs judgment are necessary to enable CON- TRACTOR to proxed with the WmL CONTRACTOR dhau be respmsible for laying out the work, shall protect and preserve do established reference points and property 00700 -13 B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal We and legal demon of the lands upon which the Wort is to be performed and OWNER's interest therein as necessary for giving. notice of or Bing a mechanic's or construcum lien against such lands is accordance with. applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary faci ides m storage of materials and equipment. . 4.02 &rbs apse and Physical Cmd ons . A. Reports and Dra*iW. The Snpplemedary Conditions identify: L' ' those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used ift preparing the Contract Docu- ments; and 4.03 Dc, ming Subswf= or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur fax or physical condition at or contiguous to the Site that is uncovered or revealed either: I I 1. is of such a nature as to establish that any `technical data" on which CONTRACTOR is entitled " rely as provided in paragraph 4.02 is materially; inaccurate; or 2. Is of such a nature as to require a change in thel Contract Documents; or 3. differs materially from that shows or indicated "� f the Curt Documents; or ` 4. is of an unusual nature, and differs m=(I from conditions ordinarily encountered and recognized as inherent in work of the character provided for in the Contract Documents; 2. those drawings of physical eonditieaa 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 Pacniu' ies) that physical renditions or performiag any Wont is oormecioal ENGINEER has used is preparing , the Contract tharenh, (paxpt iWaa boy as reVhtd by paragraph' Documents. - 'G. MA), notify (fW M aid ENGINEER is writing about ' such ecindition. CONIMACTOR.shall not further disturb` Limited Reliance by coNT&lcroit on rcdmk:al f siich condition or perform any Work in counciicin Uorewith. Data Anftrit ed: CONTRACTOR may _ rely upon 'tier• ' r(except as aforesaid) until receipt of written order. t0 * so: general accuracy of the `technical data" eenramed in such repbrts and drawings, but such reports and drawings are not B. IiNG fi='s Review: After receipt of written notice Coutrad Dock. Such 'technical data" is identified is as regWred by paragraph 4.03.A, ENGINEER will promptly' the Suppilementary Conditions. Except for such reliance on review the Pertinew condition, determine the necessity of such "technical data,' CONTRACTOR may not rely upon or OWNER's obtaining additional exploration or tests with:. . make any Cis= against OWNER. ENGINEER, or any of respect tberft, and advise OWNER in writing (with a copy' ENGDIEER's Consultants with respect to: to CONTRACTOR) of ENGINEER'S findings and canchnions. 1. the completeness of such reports and drawings for CONTRACTOR'S purposes, including, bit not Ifmited to, any aspects of the means, methods, to cbrdgc s, , and 1 rocxdnres of constvction m be employed by CONTRACTOR, and safety pre cautions and programs iacid'ent thereto; or ' 2. other data, iatcrpretations, . opinion'g; and information contained in such reports or shown or Indicated in such drawings; or 3. any CONTRACTOR intcrpretatiOn of or conclusion drawn from any "technical data" or my such ether data. iaterpI I - H - us, opinions, or information. C. Po=06 Price and Times Adfratments 1. The Contact Price or the Cou U= Times, or : both, will be equitably adjusted to the extent that the'. existence of such differing subsurface or physical condition causer an increase or decrease in' CONTRACTOR's cost of, or time required for. perfor- : mane of the wort; subject, however, to the following: ' a. such condition must meet any one or mire of the categories described in paragraph 4.03.A; and - b. with respect to Work that is paid for on a Unit Price Basis. airy adjustment in Contract Prix •�__ will be subject to the provisions of paragraphs 9.08 and 11.03. 00700 - 12 2 except as may be otherwise: ific ally stated in du 3.04 �g • CaD�� �PP�B Contract Documents. 2. No provision of any such standard, sp d&Ada% manual or code, or any instruction, of a Supplier shall be dfecdve to change the duties or responsi'bdides of OWNER, CONTRACTOR, or ENGINEER, or airy of their sabers, consultants, agems, or ero>liloyeea from those at f * in the Contract Docuniants, nor d ail any such provisionn or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consort. agents, or employes any duty or authority to sigatin or direct the pert maace of the Work or any duty or ambority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Repmft twat Resolving Diacrepandes A. Repardng Dharpmtdes 1. ff. during fire performance of the Work. CONTRACTOR discovers any coo Ict, eaor, ambiguity', or discrepancy within the Caotract Doecmients or between the Contract Doaamems and any provision of any Law or Regulation gVHable to the performance of the work or of soy► staddabdsped@oodont manna' or codrn or of any inshi ction of Imy Siipiilier, CONTRACTOR shall report it to 9Nci@NEER ka ariditg iz am. • CONTRACTOR shall not proceed with the work affected thereby (mmept in an amergency as required by paragraph 6:16.A) until.as amendmart or supplement to die Contract Doc®ema has been. ism ied by one of the methods indicated is paragraph 3.04; provided, however, that CONTRACTOR shall ant be Liable to OWNER or ENGIIdffit for failure to report any such conflict, error. ambiguity, or dis- crepancy unless CONTRACTOR knew or reaso a* should have known thereof. B. Radr&s D4rrepmder 1. Except as may be otherwise specifically stated in the Contract I>ocameats, the provisions of the Contract . Dom shall take precedence. in resolving any conflict, error, ambiguity, or discrepancy between the provisions of tiro Contact Documents and: a: the provisions of aq standard, specificatio% mamial, code, or instruction (whether or not specifi- cally inicorpaaicd by referrace in tiro Contract Dom); or b. the provisions of any Laws or Regulations applicable to tin performance of tiro Work (unless such as intmrpretadon of the provisions of the Contract Dorm would result in violation of such Law or Regulation). A. TbeCmh=Do=mmmaybonmemdedtDpmvWie for additions, deletions, and revisions in.the Work cr to modify the terms and dons thereof in one or more of the following ways: (1) a Written Amendment; (n) a Change Order, or (di) a Work Change Directive. B. The mgnapnents of tiro Conhact Docimians may be supplemented, and minor variations and .deviations in the Work may be andarized, by one or mare of die following. .nays: (i) a Field Order; (i) ENGMEER'a approval of a Shop Drawing or Sample; or CdO ENGMEER's written itrtecpretatinn or clatiffcarion. 3.05 Raise ofDoamtev a A. CONTRACTOR and any Snbcontracbor or Supplier or other individual or amity palbraiing or furnishing any of the Work under a direct or indirect contract wide OWNER: (i) shall not have or acgaire any title to or ownership rights in any of the Drawings, Specifications. or other documents (or copies of any thereoi) prepared by or boring the seal of ENGINEER or • ENGINBER's - Consultant, indnding dechadc media editions; and (M shall not reuse nay of such Dry, Specifications, other documents, or etas thereof an mdansions of the Project or any other project without written consent of OWNER and ENGINEER and specific wriasti verification or adaption by °ENG043M t. This prohibition will, survive final paymcM • complatiou, and ao of die work, or termination or completion of the Contract. Nothing herzin shall preclude CONTRACTOR firm retaining copies of die Contract Documents for record per• ARTICLE 4 - AVAELABILXrY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFBZtENCB POINTS 4.01 Avnila kEry of Landr A. OWNER shall famish the Site. OWNER shall notify CONTRACTOR of•aiiy encumbrzaces or restriction not of genertil 4011cation but specially related to use of the Site with Which CONTRACTOR must comply in performing the Work. OWNER will, obtain in a timely maaner and pay -for easements for permanent awwtares or permanent changes in existing facilities. Ef CONTRACTOR and OWNER are unable to agree on enddement to or an the amount or extent, if say, of any a*stment in the Contract Price our Confront Times, or both, as a result of any delay in .OWNER'S furnishing tiro Site, CONTRACTOR may make a Claim farefor as provided in paragraph 10.05. 00700 - I I In the General RegWrementa), CONTRACTOR small submit to ENGINEER for its timely review: I. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and cong9eting 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 submittal; for submitting, �• andsuch p� 3. a preliminary whednie of `slues -for all of the work which iocudes quantities and prices of hems which when added together equal the Contact price and m6 i- vides the work into compama t parts in sufficient detml to serve as the bads, for progress payments during performance- of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. SWdma of fir wwwe: Before any Work at no Site is starbed. CONTRACTOR and OWNER shall each deliver to the other. with copies to each additional insured identified is the Supplementary Cm ditions, c ffwatas of insurance (and other evidence of insurance which either of them or any additional insured may rmanably request) which CONTRACTOR and OWNER respectively are'regaired to purchase and maintain in accordance with Article S. w A. Vdbin 2D days after the Contract Times start to rum, but before any Work at the Site is started, •a coufsremce. attended by CONTRACTOR, ENGINEER. and other as appropdate will be held to establish a waddog deri tandiag among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for hamdlmg Shop Drawings and other submittals. processing Anficatioms for Payment, and maintaiaig required records. 2.07 LiitiaY Acceptance of Sdiedules A. Unless otherwise provided In the Contract Doca- man, at least tea days before anbmissim of do 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 haves as additional in days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until actable schedules are submitted to- ENGINEER.. -1. The progress schedula will be acceptable to ENGINEER if it provides an orderly proms of the j ; Wo& to completion within my specified Milestones andl ,, the Contract Times. Such acceptimm Will not impose and ENGINEER responsibility for the progress schedule, for segnenciag. wbeduling. or progress' of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's fall responsibility therefor. ; 2. CONTRACTOR's schedule of Situp Drawing and Sample submittals will be ac*ptable to ENGINEER if it . provides a workable arrangement for reviewing and processing tie required submittals. 3. CONTRACTOR's schedule of values will be ( acceptable to ENGINEER as to form and substmm if it provides a reasonable allocation of de Comtrart Price to component parts of die wort . ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Lrtent ll A. The Contract Documents am �"lemeutary.. what ding is called for by one is as binam if for by all. B. It is the ioizot of die a+mtractt i.to descatbe 1 . a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Dom. Any labor, docnmeatadw services, makdala, or equip®emt that may reasonably be inferrtd Om due Contract Doan - meats or from prevailing custom or trade usage as being required to produce the intruded result will bo provided whether or not specifically called for at no additional cost to OWNEEL C. Clarifications and interpretations of the Contract Documents shall be issued by ENGIIdEIr.R as provided in Article 9. �1_r f,,,,_ A. Av dardt, .Spea�iaQtiorrs. Codes, Laws, and . . Ragulatioris 1. Refer m to standards, specifications, mammals, or codes of any tecbnical society. organization, or t association, or to Laws or Regulations. whrtber such reference be specific or by implicationshall mean the' standard. specificadM maumal, code, or Laws or Regale tions in effect at the time of opening of Bids (or an the Effecda Date of the Agreement if there were no Bids), 00700 -10 i use of any such tam or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance *of due Wor% or any day or authority to uudertake respoaSWity contrary to the Provisions of paragraph 9.10 or any ad= provision of the Contract Documents. B. Day 1. The word 'day' shall constitute a calendar day of 24 hours measured from midnight` to the nod midnight. i - � 1. The word 'ddearve,' when modifying the word 'Work,' refers to Work that is tmsatidactory, faulty, or deficient in diet it does not conform to the Contract Dods or does not meet the requirements; of any won, rdmmce standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER`a recommendation of final payment (unless responsibility for die protection &wwf has been assumed by OWNER at Substantial Completion, in accor- dance with paragraph 14.04 or 14.05). D. Piirnfdh Install, Perform, Provide .1. The word 'fttrnW' when used is Boa with services, materials, or equipuzut. *shall mean to supply and deliver said services, materials, or equ4nota. to the Site (or sotto other specified bcetiom) ready for use or instatistiom and in usable or operable condition. 2. The word 'iustall,' when used is connection will services, materials, or egotmecd, shall• mean to put into use or place in final position said services, materials, or egmhwv m complde and ready far intended use. 3. The words `perform" or 'provide," when used is connection with services, materials, or egukawnt, shall mean to famish and install said services, materials, or equipmW complete and ready for intended use. 4. When 'ft nW- "install," "Perform,' or 'pro- vide" is not used in connection with services; materiels, or equipment in a., , I I I ciiA y inquiring an obligation of CONTRACTOR, 'provide' is implied. E. Unless stated othawiss it dye Contract Documents, words or phrases which have a well-known technical or comtrhution Whistry or trade meaning are used in the Coafta Documents in aacdrdm= with such recognized ARTICLE 2 - PREI.0 NARY MATTERS 2.01 Ddhwy of Bonds A. When CONTRACTOR delivers 'due end Agteein, ts to OWNER. CONTRACTOR shall also deliver to OWNER such Bands as CONTRACTOR may be regaired to famish.. 2.02 Copier of Doaam a . A. OWNER shall famish to CONTRACTOR up to tea 0*0 of the Contract Documents. Add copies will be fWaidmd upon request at due cost of reproduction. 2.03 ' Qmrunanammt of Cantrod 71 mes, Notice to Proceed A. The Contract Times will commeum to run on the day after the Ef active Date of the Agreement or, if a Notice to Proceed is given, on the day indicated is dye Notice to Proceed. A Notice to Proceed may be given at auy time within 30 daYs after the Effxtive Date of the Agreement. In no x em event will the contract 71mes commeo to rlater than the sbWeth dry after do say of sin opening or the tbhtieth day after the Ef bodre Date of the Agreement, whichmw date is earlier. 2.04 Slonft the Won* - • - - A. CONTRACTOR shall start to perform the Work on dye date when the Contract Ti sus commence to ran. No Wank shall be dote at rho Site prior to tba data on which die Contract Times commence to nm. 2.05 Before Sinning cmamction A. COhMC7VR's Review of C coact Dwanw r: Blare undertaking each part of the Work, CONTRACTOR shall cardaity study and compare the Contract Documents and check and verify pertinent figures therein and all applicable fmld meascnements. CONTRACTOR stall promptly report in writitg to ENGIIG1ER umy conflict, am, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with my work af%cted thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER. for failure to report say conflict, error, ambiguity, or discrepancy in the Contract Dam unless CONTRACTOR knew or reasonably should have lmowa the eoL Wig• B. DPSdhadrrla: Within ten days after the PfiecAgreement (union otherwise specified 007W - 9 39. Samples- � examples of Physical examp 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 Ndge(L 39. Shy Drm %6W-All drawings. diagrams, diustm- tions, des, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to ffiustrate some portion of do Work. 40. -Site-Leads or areas indicated is the Contract Documents as being furnished by OWNER upon which dte Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. ' 41. Specftcoioms-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. S &cWW=m -An individual or entity having a dire a contract with CONTRACTOR or with any other Subcamtraetor for the performance of a part of the Worl: at tine Site. 43. &AVA reds) Co Wledom-The time at which the Work (or a specified part thereat) has progressed to the point whore, in the opinion of ENMNEER, the Work (or a ' specified pact thereof.) is fitly cmmplete, in accordance with the Contract Docummata, so that the Work (or a specified part thereoo can be utilized for the pa�r.Lp�os�a,,�'f�or which It is Mintwrie�d�.�� The terms asubsta++�J * and -subs o"`�au7 ~ as applW to all or part of the Work refuse to scfttndd Completion thereof. 44. SrrpplaneMay CIMMorts-That part of the Contract Docomem which amends or supplements these General Camditions. 45. SWplkr�-A mamAsctu er, fabricator, supplier, db=UW, matenalman, or vendor having it direct contract with CONTRACTOR or with. any subcomaractor to fu mish materials or equipment to be incorporated in do Work by CONTRACTOR or any Subcontractor. . 46. Underground Facilities -All tmderBIDM1md plpeliaes, conduits, ducts, cables. wires, manholes, vaults, tanha, tnaaela, or otter such facilities or attachments, and any encasements ecmaining such facilities, including those that convey electricity. gases. 0 steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater storm water, other liquids or chemicals, or traffic o� other control systems. 47. Unit Price Work -Work to be paid for on th basis of wait prim. 48. Work -The entire completed construction or t_ � various separately identifiable parts &ereof required to be-.' provided under the Contract Documents. Worm includes and is the result of perfotmbis or providing all labor,) services. and docoaIendadoa necessaryto produce such) .� ��OII, and fimilshing, installing, and incorporating III materials and equipfent into such constrUCtion, all all , required by the Contract Documents. 49. Work Change Directive -A written statement thto . CONTRACTOR issued on or after e Effxdve Date o the Att and signed by OWNER and recommended' by ENGINEER ordering as addition, deladea. or revision in the Work, or responding to differing or unforeseen( I or physical conditions under which the Worklj is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or an; . Contract' Tines but is evidence that the parties expect that the budge ardemd or documented by a Wotic Change: , Dirmfive w l be incorporated in a snbscquentiy issued. Change Order following negotiations by the parties as to Its effect, if any, on the Contract PACs or Conwact' ! . Times. ... .. . 50. Written A memdatent A written 1 statement modifying the Contract Documents. signed by OWNER and CONTRACTOR oh or after the Eve Date of the i Aft and normally dealing whit the nonenginemr or nontechnical rather than strictly constrocxion-related `4 aspects of the Comuract•bocudiam. 1.02 Terminology A. harem of Certain Terms or AiVecdmes 1. Whenever is the Contract Documents the terms as allowed,* 'as approved,' or terms of lilac effect or import are used, or the adjectives 'reasonable,' ■ e a a e'r ■ r r or ... ,. acceptabl . proper. satisfactory.' adjectives of like effect or import are used to describe an action or determinadam of ENGINEER as to the Work, it is imuded that such action or determination will be solely to evaluate, in general. the completed Work for compliance with the requirements of and informatim in , de Cammract Doatmt= and coofotmance with do design:. , concept of the completed Project as a fhactioning whole - 't as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The ; . H El 16. Cost of the Work—S&ragrsph ILOLA for definition. 17. Dr+a*6p--That part of the Contras Dac manta pry or approved by ENG24M which graphically shows the scope, extent, and character of the Wait to be performed by CONTRACTOR. . Shop Drawings and other CONTRACTOR submittals are not Drawings as so de5zimL 18. Okfive Date of d w Agrumd The date mdicased in the Agreement an which it bmmm effective, but if so sub date h indicated, it meads the date an which the meat is signed and delivered by the last Of the two parties to sign and deliver. .19. ENGII M-1he bW idmtl or entity named as such in the Agreement. 20- S VGViM's Cmmbmt--An individual or entity having a caotraet with Ei 6MR m furnish services as ENGDMM's hkpmdeat professional assoi iatie or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. held Order —A written order lamed by ENGI- NEER which requires minor changes is the Work but which does not mvdve a change in $a Contract Peke or the Contract Times. . V- Gaurd of Division 1 of the Sp a. The General Regcrments pertain to all sections of the Specifications. 23. Hr¢mdarrs Ete*=vn=W QoAffdort The presence at the Site of Asbestos; PCBs, Petroleum, H=Udous Waste, or Radioactive Material is such qmmWm err chummumm that may present a s **Untiai danger to Persona or property expand thereto in connection With the Work. 24. Hawdom Waste --The term Earardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amp from time to time, 25. Laws and Rsgrdadvns,• Laws orRegdad=—Any Ed aU applicable lawn. rules. regalatk=,, ordinances. codes. and orders of any and all governmental bodies, Asencies.., and courts having jurisdiction. 26. Zhm--Cfiargm, security bWea. or encnmbraaces upon Project funds, real property, or pnmd proper- 27. Mil —A principal event Rmcified in the Contract »ncameats relating to an iatermedtate comple- tion date or time prior to Substantial Completion of all the WMIL 28. Notice of Award —The written notice by OWNER to the qparms mmmsM bidder stating that upon timely compliance by the apparent successful bidder with the deliver the A �' OWNER w�I sign and 29. Notice ,to Proceed —A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times wM commmm to ran and on which CONTRACTOR sha11•start to perform the Work under the Coed Docamcums, 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. Avdal Uditmr&n—Use by OWNER of a mbstan- tially completed part of the Work for the purpose for which k is intended (or a related purpose) prior to SubmIntial Completion of all the Work. 32. PCvs Pobmhkemted bkgmmyls. 33. Pe0olatum—Par'0i0mm. iwjnft crude OR or any tzaction thereof which is liquid at standard conditions of teaqe mMm and pressam (60 degmes Pahnenbeat and 14.7 pmxb per sgoasz inch abwhrte). such as ok Mtroletar,' fnd OR, an sludge, oil refuse. gasoline, bervmne. and oil mixed with other Waste and anode oils. 34. Project --The total aonSM=don of wish flu Work to be performed undo the Contract Docuinenta may be the whole, or a part as may be indicated elsewhere in the contract Docutmentz. 35. Project Mmmd--The bond docunm tart' Mfarma m prepared for bidding and cannstruc mg the Work, A listing of the II I of the Project Manual, which may be bound in one or more volumes, is contained in the tabhn(s) of . 36. Radimcft Matoid—Somme, special mdcw, or byproduct material as definad by the Atomic Emergy Act of 1954 (42 USC Section 2011 at seq.) as amended from time to time. 37. Raddart Project Rg reaamrive_7he audt d=d repr ve of ENGINEER who may be assigned to the Site or any part thereof, 00700 - 7 i GENERAL CONDITIONS ARTICLE 1- DE RNMONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Dock and printed with initial or all capital letters, the trams listed below will have the meaaigga iodic Md which are applicable to both die singular and plural thereof. 1. Addatda Written or graphic instruments issued Prior to the opening of Bids which clarify, correct, or age the Bidding Repirenicuts or the Contract Documents. _ . , 2. Agreement —The written hmwnmt which is evidence of the agreemnat betwom OWNER and CONTRACTOR covering the Work. 3 • 4MHc rtimjbr Paynuw The farm aaxptsble to ENGDUM- which is to be used by CONTRACTOR daring the course of the Work in requesting progress or final pq meats 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 m=mtt action levels establisled by the United States Ocaipationd Safety and Health Administration. S. Bid —The offer or proposal of a bidder submitted on the presan'bed form setting forth the prices for the Work to be performed. 6. Bidding Downents—The Bidding Require and. the proposed Contract Doeamen (including an . Addenda ironed prior to receipt of Bids). 7. Bidding Res —The Advertisement or Invitation to Bid, lastrnctions to Bidders. Bid s=zity form, if any, and the Bid form with any suplilemeata. B. Bonds—Perforzamm and payment bonds and other inshuments of security. 9. Okme Orden -A doemnent recommended by ENGIIIEP.R which is angered by CONTRACTOR and OWNER end audiorbu an addition, deletion, or revision • in din Work or an adjustment in the Contract price or the Contract Times, issued on or after the Effecdve Date of to Agreement. ! 10. Claim —A demand or assertion by OWNER or i, CONTRACTOR seeking an adjustment of Coattat•.t puce or Contract Times, or bode, or othar relief with respect to the terms of the Contract. A demand for money or servk= by a third party Is not a Claim. • �i 11. C M"d--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The • Conn -act supersedes prior I 1 negotiations. representations, or agreements, whether ' written or oral. 12. ConoW Doamu7its--The Contract Documents establish the rights and obligations of the parties and. include rho Agreement, Addenda (which pertain to the ! ) Contract Domieats), CONTRACTOR'S Bid (including .I documentation accompanying the Bid and any post Bid docaimeatatioa submittal prior to the Notice of - Award)' 1 when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Sipplemmtery Conditions, the Specifications and the ; Drawings as the same are more specificsally identified in the Agreement, together with all Written Amendments, Change Orden, Work Change Dkeetivea, Field Orders, and ENGINEER's . written iaterpretatioas sad clarifications issued an or after the Effective Date of tine i Agreement. Approved Shop Drawings and the reports and dropiaga of subsurface and physical conditions are r not Contract Docaaneats. Only printed or hard copies of die items listed in this paragraph are Contract Docunion. Files in elecuunic media format of text, data, graphics. and the 111m that may be furnished by OWNER to CONTRACTOR are not Contact Documents. 13. Cates Pricz—The moneys payable by OVINER to CONTRACTOR for completion of the Wart 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 Worm. . 14. (bmract Times —The number of days or the daces stated in the Agreement to: (i) achieve Substantial i Completion; and (n7 complete the Work so that it Is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 1S. COAMI CTOR—The iadividnal or entity with -1 whom OWNER has entered into the Agreement. 00700 - 6 13.07 0 s Corr don Pe ............................. 13.08 Acceptmtce of Defecdw Work ........ . • ........................ ......... .. OM- 36 13.09 OWNER May Correct Defective Wak ................ • ................... 00700 -36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700 -36 14.01 Sche*de of Values 14.q ................................................ Progm Paymerus 00700 - 36 ............................................. 00700 - 37 14M CORMCTOR's Warrmny of M..................................... 00700 - 38 • - 14.04 &AumdW fbrripletias 14.05 .................. 4 .......................... Partial Utiliradm OM - 38 ................................................ 007W - 39 14.06 14.07 Kmd bsPccdm................................................. Fmd Papnent 0D700 - 39 .. 14.08 .................................................. Finn d Cmpkdon Ddayed 00700 - 39 14.09• ............ j'. . . . . . . . . . . . . . . . . . . . . . . . • . . . . . Wasvrr of C W= 00700 - 40 .................................................... 00700 - 40 ARTICLE 15 - SUSPEMON OF WORK AND TERNMA71ON ............................. 00700 - 40 1s.01 OWNER Afq Rtrspend wak........................... :........... 00700 - 40 . 15-M OWNER May TermbAate for Cause ...................................... 00700 ls•03 OWAWR May Terminate For Convadffl= -40 • 15.04 ................................. ODAMUC7VR May Stop Work or TernEwte 00700 - 41 . • ............................. ARTICLE 16 - DISPUTE RESOLUTION •00700. -. 41 ............................................ 00700 - 41 16.01 Methods mid Procedures .................................. ......... 00700 - 41 _ ARTICLE 17 - 17.01 bUSCEUANEOUS ............................................... Giving Notice 00700 - 42 17A2 ................................ ................... Cbnpdadois of Tfines i 00700 - 42 17M .......................... .. .......... .:..... Connlative Remedies :' 007W - 42 .. 17.04 S'urWvd of Obligmima................................. .. 00700 - 42 17.05 Qonrg Law ................................................. 00700 - 42 I W700 - 5 6.16 Emergencies ............. 6.17 •.. ................................... . Shop Drawings and Samplea 00700 - 23 6.18 ........................ • •. Contbadag the Work 00700 - 23 j 6.19 ................. a ....... a ..................• • . CONMCTOR's Gemral Warrmuy and Gharowee 00700 .24 i 6.20 ........................... Indcnnrifuozfon 00700 - 25 ........ r......................................... ARTICLB 7 - OTHER WORK 0700 - W 007000070000700 . ...................:............................... 7.01 Related Work at Site••••••••••••••••••••••••• 00700 - 26 I 7.M .•. • •...••.. �• Coor�aadox 00700-25 •.•.•••...•••••...••••............................. 10M-?A ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 26 8.01 C.avnmuadcaiions to Contractor - 8.02 ...............................• ......... , Replgcematt of ENGUff R 007W - 26 8.03 .....•......................• ............• .. Fursiah Data •....,.00700-26 W7W - 26 8.04 ..................... .... Pay Ptwpoly When Due 8.05 ...................:................. ...... • Larsds and Easements: Reports 00700 - 26 8.06 ad Teats ........................... ......: lnsurarce 00700 - 26 8.07 ............................................ . Clumge Orders :............................................. MIM - 27. 8.08 ... • ! rc�tiorra, Tests. avcd Approvals 00700 -27 I ' 8.09 ............................ LknMadons on OWNER's Resprnrai6ilitiea 00700 - 27 8.10 ................................. Und dosed Hazardous Ahvirumnadal Coniffdon 007W - 27 8.11 .................. EWdmce of i bsoncial Arrangements 00700 -27 ,1) ARTICLE 9 - ..................................... ENGINEER'S STATUS DURING CONSTRUCTION 007W - 27 j 9.01 . ............. . OWNER'S Rgv esurtaaive 00700 - 27. 9.02 ... •....................................... Vu* its to Site 007M - 27 . 9.03 . ... ....... ......... ......... . • • Project Representative �'• 00700 - 27 I ................ ...... ................. 00700 .27 • 9.04 Chatficatiom and Interpretadmo..................................... 00700 - 28 9.05 Authored Variations in Work .................... ............ 00700 -28 j 9.06 Rejecting Defecdve Work ................................... . 00700 - 28 # - 9.07 Shop Dmwings, Mange Orders and Paymom .......... . 00700 - 28 9.08 • .............. Deferrninat�ona, jnr Chrit Price Work 9.09 ................. .... . Decisiom on Ragrdremeits of Cmtract Docwneas and Aocept k ity o¢Work • ........... 00700 - 28 00700 - 28 ` r 9.10 Li x&Wom on ENG MrZR's Authority and ...................... 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ' ..... ... ....... . • ................ 00700 - 29 10.01 Authorized Clwnges in the Work ............... 007W 29 i 10.M ............. Unmaorited amps iR the Work - ` 10.03 ............. ... Execution of Change Orders ............ . 00700 - 29 10.04 Notcmiom ro Starty '.....� ? 10.05 ......................................... Claims and Dilutes .............. 00700 - 29 ARTICLE 11- ................................ COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 00700 - 30 ............... 00700 - 30 11.01 11.M Cost eftlie Work .......................... ... . .... • .. ........... . Cm* Allowmecrs 00700 - 30 i 11.03 ........................................ ......... Unit Pride Work 00700 - 32 ARTICLE 12 - • .. ........ ....... ...... CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES ............. 00700 - 32 00706 - 33 12.01 C3�r oge of Comract Prise ..................... .....:........... 00700 - 33 • 12.M Charge of Cav &m Times ............. • . 00700 - 33 12.03 • • : • ........... • ............ Delays Beym d CONTRACMIt's Cbwral 12.04 ............ • ........ . Delays Wrdrfit C7ONIRACTIDR's Cbrunvl 00700 -•33 12.05 ... .... . .. . . . ................. Delays Beyond O'WNER's ad COMM CT OR's Condnl 00700 -34 12.06 ............... • • ... Delay Damages '...... 00700 -34 ... ARTICLE 13 - ............................... ....... TESTS AND INSPECTIONS; CORRECTION, RMOVAL OR ACCEPTANCE OF • • • • . W700 - 34 13.01 DEFECTIVE WORK ......................................... ... ... Notice Defevs 00700 - 34 13.02 qf• • • • . . . . . •.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to Work 00700 - 34 13.03 .................................................. Testa seed Liapectiona 00700 -34 13.04 ......................................:....... UncoNaing Work 00700 - 34 ; . 13.05 ................................................. OWNER May Stop the Work W700 - 35 13.06 ..................................... . Comecdon or Removal of Defecdve 00700 - 3S Work ...........:..... - ............... MW - 35 0070D - 4 TABLE OF CONTENTS ARTICLE 1- DEFlNMONS AND TFRMIIdOLOGY..................................... 00700 - 6 1.01 Defined Teams ........................ I . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 6 1.02 Terminology...................................................... 00700 - 8 ARTICLE 2 - PREMMARY MATTERS ............................................ 00700 - 9 2.01 DeBvay of Bards .................................................. ; .'00700 - 9 2.02 Copies of Dommews ........... ........ .......:.................... 00700 - 9 2.03 Carranerrcanerd of Contract nine Notice to Prucead .......................... 00700 - 9 2.04 g the Work ................................ ................. 00700-9 2.05 Befivne SAart Cmumxdm........................................... 00700 - 9 2.06 A, re Car*arcs........................................... 00700 -10 2.07 brftfal AccSptmrce of Medules........................................ 00700 - 10 ARTICLE 3 - CONTRACT DOCUMEM: INTENT, AMENDING, REUSE .................... 00700 -10 3.01 hAw ........ ......................................:.:....... 00700-10 3.02 Rejrraue •Stavrdmds.............................................. 0700 0-10 3.03 Reporting wd Resolving Di ---I cies................................... 00700 - 11 3.04 Amending and Cmumt Documents ......................:...:. 00700 -11 3.05 Reuse of Doemnarts . .......... ............ •........... 00700-11 ARTICLE 4 - .......... AVAILABELlTY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFMtENCB POINTS ....................................... .. .. 00700 - 11 4.01 AvaRaMty oft"ids ands .............................................. 00, 4.02 �uaface and PhysimlC ta..................................... 00700 - 12 4.03 Dzffiwft S1ribrrojam or Physical Coraditiow................................ 00700 - 12 4.04 •Undugmard FadMiea........................... 00700 - 13 4.05 �..•.... Rice Poirds .......... ................. ........... .........• 00700 - 13 . 4.06 Sarordous Bicvvrdnarfal CAmfi at at Site ................................. 00700- 14 ARTICLE 5 - BONDS AND INSURANCE ............................................. 00706 15 5.01 ' Peforma w4 ftme & and Odwr Bards .. . . . . . . . . . . . - 00700 - 15 5.02 . . . . . . . . . . . . . . . . . . . . Licensed &weda and Insra a's ........................................ 00700 - 15 5.03 Cen jicatrs of bcsrrrrarce......................................... 00700 - 15 5.04 CONMCrOR'sLiabUity Iris wxv.................................... 00700,15 5.05 OWNER's Liability bovance .......................................... 00700,16 5.06 Prvperry lmwwice.................................•.............. 00700 - 16 5.07 Waiver of Rights .................................................. 00700 - 17 5.08 Receipt and Application of hwmrce Proceeds .............................. 00700 - 18 5.09. Acceptance of Bonds and ZnwowW Wm to Replace ......................... 00700 - 18 5.10 Partial Utili¢ ukK Aebrowkdgmut of Propary &MW .............. 00700 - 18 ARTICLI3 6 - r ......... CONTRACTOR'S REMNS03II1M 007W 6.01 .: ............................... . Supe visim and .Srrpainrtardaux.. -18 6.02 .................................... ' Cahoon; Wainrg Eottrs'........... 007W - 18 .................................. 00700 - 19 6.03 SerdccA Mataids. aid Equf mew ..................................... 00700 -19 6.04 Prvgmrs Schedule ................................................ 00700 - 19 6.05 Srr wd Wes and 'O, Equals' ......................................... 00700 - 19 6.06 Carrcarrdrg WCOMM tore. Suppliers, and Others ............................ 00700 - 20 . 6.07 Patent Fees and Ro wWa........................................... 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 Odur Arms ................................ ........... 00700 .27 6.12 RecordDocu mds........................................ 00700 - 22 6.13 .... SgWy and hweWan .......................................... 00700 - 23 6.14 Safrty Represadative.............................................. 00700-23 6.15 Bawd C.onanuadc on Prog►nma...................................... 00700 - 23 00700 - 3 L- COpYd* 01"G Nadond Society of Prafmsimd Bars 1420 Ring Sheet. Akm** VA 22314 Americin Co® dft Bqhwm Cmmcil 1015 15th Skvd N.W., Washington, DC 20005 American Society of CWD P.nmeas 345 Bast 47th Sftgk Now York. NY I0017 00700 - 2 This docmmeat has important bng cmsegocm=-. consultation with an attoraq is enwmaged with respect to its use or modification. This docameat should be adapted to the pardcdat drenmstmm of the dated proj= and the Contra tmg Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by FNGRaMS JOWr CONTRACT DOCf]M M COm3ffrTSB and leaned and Pnbliatod Jointly By National -Society of Professional Enyhaeers AMERICAN CONSULTING brkmahown ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a pmcdce divislm of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIBTY OF CIVIL. ENGINEERS This document has been approved and endorsed by . tam The Associated General Coattactors of America Commctiam�s�' oms h sfm to I ) Thee canard Conditions have been preps for me with gm Ownar-Couracfor Agreemefa (No.1910-8-A-1 or 1910. 8-A-2) 09k Edidam). Their provisioms are interrelated and a change in am may nxessitate a change is the other. Comments cowsmimg their urge are comined in do FJCDC User's Guide (No. 1910-50). For guidamre in the preparadon of Snpplemeatffiy Conditions, see Guide to the Preparation of Sbpplementary Comdidons (No. 1910-17) (1996 Bmd*. BJCDC No.1910-8 (1996 Edition) IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2003 Principal Surety By: By: Title: Address: Title: Address: The name and address of the Resident Agent of Surety is: PP-4 PAYMENT BOND CLP Project No. 2002-4503 STATE OF TEXAS § . COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner),. in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2003, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated Texas Government Code, Chapter 2253, as amended and all liabilities. on this bond shall be determined in accordance with the provisions o f s aid A rticle t o the s ame extent a s i f i t w ere c opied a t I ength herein." Surety, for v alue r eceived, s tipulates a nd agrees t hat no c hange, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PP-3 • • In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Date Signed (Coyny) AJ By C "d /8 Aky �;-e- a r. 7 710 Y (Address) Witne SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. IDate Received 7 -7 Zol --000-- BP-7 (T;& 3 !Z4f 7- gqW elephone Number) 0 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: 4121Y dZA t L�1�- Authorized Signature: Printed Name: BP-8 • PERFORMANCE BOND Bond No. 22504338 THE STATE OF TEXAS COUNTY OF HARRIS Effective: March 24, 2003 KNOW ALL MEN BY THESE PRESENTS: That we, Brooks Concrete Inc. of Pasadena, Texas, Harris County, hereinafter called Principal, and Western Surety Company of Sioux Falls, South Dakota hereinafter called Surety, are held and firmly bound unto the City of La Porte, Texas hereinafter called Owner and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Dollars ($60,855.00) in the lawful money of the United States, to be in Harris County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS such that WHEREAS the Principal entered into a certain contract with The City of La Porte, the Owner, dated the 24th day of March, 2003, a copy of which is hereto attached and made a part hereof for the construction of Citywide Sidewalk Replacement Project. NOW THEREFORE; if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreement of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of the one year guaranty required under such contract, and if he shall satisfy, all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of or modification thereof, then his obligation shall be void otherwise to remain in full force and effect. 9 • Bond No. 22504338 Effective: March 24, 2003-04 PROVIDED FURTHER: That is any legal action to be filed upon this bond, venue shall lie in Harris County, Texas. And that the Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER: That no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in seven counterparts, each one of which shall be deemed an original, this the 24th day of March 2003. (Seal) ATTEST: SECRETARY WITNESS TITLE: TITLE: Owner, Brooks Concrete Inc. ADDRESS: 4018 Allen Genoa Pasadena, TX 77504 URETY: /s G� mpayS Y: �- lake D. Barnes TITLE: Attorney In Fact ADDRESS: 4909 W. Pasadena Blvd. Deer Park, TX 77536 NOTE: DATE OF BOND MUST BE THE SAME AS DATE OF CONTRACT ATTACH POWER OF ATTORNEY OF PARTY EXECUTING THIS BOND FOR THE SURETY- • • BOND NO.22504338 STATUTORY PAYMENT BOND PURSUANT TO ARTICE 5160 OF TILE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSIONS,1959 KNOW ALL MEN BY 'THESE PRESENTS, That Brooks Concrete Inc., of Pasadena, Texas Hereinafter called the Principal(s), as Principal(s), and Western Surety Company of Sioux Falls; South Dakota, Hereinafter called the Surety, are held and firmly bound unto the City of LaPorte, Hereinafter called the Obligee, in the amount of ($60,855.00 Dollars) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 24th day of March, 2003 to complete the CLP Project 2003 City -Wide Sidewalk Replacement Project 2002-4503 which contract is hereby referred to and made a part hereof as fully and to the. same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in fall force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Sessions,1959, and all liabilities of this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copies at length herein. IN WITNESS WHEREOF, the said -Principal(s) and -Surety have signed and sealed this instrument this 24th day of March, 2003. _, PRINCIPAL Jess W. Brooks • • LT'Z' Ml V ; I i � � Now AlL tin Dr Them lendfbelhf m otbPADd make,eoeahta4t ud apdA tea, 22504338 tbsl 1P>idTdl11 SORT OWANY. a mepmatioa Ark egooied aid exle ft under do u Ear pkdB arnes pd aka kNow hilk & a* Delm a dd'kpr % dw IV �� ! Imam sodbuMadiumMo4wink sdth M pewm =d osdmiF,p Uw* bead m Ile bdoNse Wised►, band+ br. PfeR*MU• Brooks Concrete, Inc. Obyps City of LaPorte Amen= $60, 855.00 sad to bid fro Cesgprap dooft as fsk aad ie the rm edwA ss Womb beads wM dMA hp 1bs Rxvmd a Ptm Pt+wM 000tid witib tie oatp4wet wel 41 do OnOM ad d* alaabed bite 8eeee6M. budW MUOIM aad oee6tmiap A do de Wd mq do W&MA tL ohm atrial limbadom Bald appsiaattaat is ww& urdee and d do / =&% bk* 4! W4esata Sarey Q�aq wbdei amadps bs !WU dem aad edbet. "llsadet 9. All belle, poiitles. ttadeetebtaes, Pe4aea d m etbee ebli/eBeaa e1 ebs aeepseaWs sill bt eeteeaeei is eba aapetafa Hove d 4o Cmprq by dw PtwtiitoR. ha she . eat, Ade MA 8 r,'Ammurs. as MW VM Ptmlde4d ei iv sub ogee W m ae Om Wand d Dteeda m w ON&M .e.p vine eeewgas. am Meier..! dt N e I. W om ireaMthc my +dpom% Ausume is Put x spew who ebdl mace aueiodW u here made, ae esdwtaldepe b the rime of eW Comtpt+epr. 'Pir�erpemr eadie nec�eoeme4► dte�be ear ed mgri�sads: l+eWb Pewem o1 Amusep ea edo r 4b�tbaa ddn aoepontlm 7bs tipatsaw chap task slime asd the empmW amd aseP IN P&MA Ir isehww .A eft bma6p 0060 ed erect G*n and taeeehislee, witbsae aefiesr WIN used beilro add& d Nzxddl24 2OrA bs! ttatll cacti tiros aioU bo iawtambls mi ks dub Ifeer aadslleat h WAMM llrersol, ilewue Wang Qs qy bm =ad eo bs aipead b No Via PM dw%aM oboe T. iate. em i Beet a be alfoed ddr 1� &war WESTER 7RRTY COM NY T.-Pate, aware Vbe hwdea! Oe fib 4 of io ers y.m� reEooe ee, • aofeq� wbWe, an mw I pup 8tppbea T. bate. %to bftg W eve dalr aww% adaowledpd free Ja dMd fbe don Plower d Aeteeaep Y IM sbumW save at WE R M Sia>,'PT MWANT and asiiendm A Bail imttameao job* dw vub gamy see pact de4dd d eoepsrattw. 0. ld1ELL aolwrfeIf RAj 19EIR - a'rq' Psfaie -Patt4 Ds�r4 • Ab COMMON ON ROM NMWWW3k 2M I the asdoaiaad AM otWssfaw GmF* *=pM. a amok eapoeetbw of tM Iloefe eteoafh Daboos, do beeebt oeedd► fbae fba suadod Psarae ae Attrntaer it !a baatr sad sdee and bt leenossbys, oad Aatiastsay tMa! ■eema l 4ttke blf'1ew tKfbe eeelpae8 ae ass meek m tbt Paver atAfinettp ie ftow m btee. In NW&MOy wramaC I bew btostmte got ep hand sad and dWmfaes l oft Omp a fr tbie d w d lais+roa4aw WES, S PIETY COM NY WOMBS JUNe tiaslA &b Tde Pwibal State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 22504338. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Mrm Bxoo�xs HSni INC. BO1ID N0. 22504338 Mm:di 24, 2003 NOTICE In accordance with the Terrorism Risk -Insurance Act of.2002rwazra.providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of beading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). 1 The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F737o PERFORMANCE BOND CLP Project No. 2002-4503 STATE OF TEXAS § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2003, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and :perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and. effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated, Texas Government Code, Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions o f s aid A rticle t o t he s ame extent a s i f i t w ere c opied a t I ength herein." Surety, for v alue r eceived, s tipulates a nd agrees t hat no c hange, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under. PP-1 C1 • IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2003. Principal Surety By: I By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: PP-2 6.02 Lrr Working Sours A. Co. xcm shall provide commpetent, sadtably qualified SOSeel to survey. lay out, and canstuc t the Work as' by the Cow Dock. CON TRA at all times maintain good dIscipl= and order at `. B. B `�' ' aa otLerovise re quired fez She :sftjr or paotectiaa *-VON or the Workorpaopertlr at the Site or adacemt ate cc" as otherwise stated in due V-- all Work at dw Site shell be perfo�tmed duringhours, and CONTRACTOR will notpermitwork or the of Worm on : or any legal hpliday without OWNBR'a written wtl not be mneaeonably wi�helol) _ ' .•.,iven written notice to BNG>riEBR.• ' (PM .,-. ;. Matmiah. and Egrd nwe A. Unless otherwise specifiedAn the General Ito- gauem=W lr]`TRACTOR shall provide and assume foil . , labor. egWpme�at and mom►, tools. :.� power, hghf, mot, W%hone. water, sanitary temporary facalides, and all other faculti0. es .Land �s necessary for+ the performance.: testing. `a- start up. i of the Wo &' B. artl egeipmest incorporated fate the Work shall:. pia seGi$ed or. if not specified, shah be of Bond . new. mcg3t as oherwise provided in the Contract All warranties and guarantees ed for by the Spy shah exprrsaly ran of to fro OWNER. If ragWmd by ENGIIlW, CONTRA .f )as and quality . and egaipumc An materials and equipment NW -be stored, applied. fixtalled comacud, erected, used. cleaned, and conditioned in accordance. bona of the applicable &Vpliw, except as ise may be provided is the Contract Docn- menta.nta. . 6.04 PPo` diSaliedule A C shall adhere to die prop= schedule eatabl with paragraph 2.07 as it may be adjusted _ , to time as provided below. 1.. CTOR sbAU admit to ENGRaw for axe rho enant indicated in paragraph 7-07) prop in d o progress schedule that will 9 not ag the Contract Times (eft Milestones). Such t . will conform generally to the progress effect and additionally will comply with any provisions of the General Requirements applicable hereto. 2. Proposed adj awnta in the progress wlednle dual wdl change dw Conft-M Times (or Milestones) shall be submitted in accordance. with. tits requirements of Ard* IL Such adjoatmeots may only be made by a Chow Order or Written Amy in aaordance with Arliele 12. . 6.05 • •'Lik�av and 'ors-E40aLt' A. Wbenever an hewn of material or equk ment is Specified or described in the Contract Domnents by using due name of a proprietary item or the name of a pwdcWar Supplier. 'the", sour or descrip� is intended to establish the type, fiction, -A . P , and qimfity rapiri& U *U rho Specification. or demon contains or is followed by words reading that no Mm, a gdvaleat. or 'or-DWal' hem or no substitution is p= ttzd, other items of material or equipment or material or equipment of other Suppliers may be submitted to BNOMM for review under the circa*. stances described below. 1. -or-Equal- R=L If in BNGIIdB z sole discretion an itgn of material or equkxnm proposed by CONTRACTOR is funaranally equal. to that named and MAdiudY similar so that ib in minted Work win be wTdred, It may be considered by: ENGIIMER as an "os-elpal" item. in which case review and approval of the proposed item may. in ENGINEBR's sole discretion, be acoomplidzd whheot compliance with some or all of the requirements for approval of proposed substitute . items. For the purposes of this. paragraph 6.05.A.1, a proposed item of material or equipment' will be cansidered &Wtiomany equal to an item so named it R. is the exercise of reasonable judgment ENGINBBR determines brat± (D it is at least equal in quality. durability. appearance, strength, and design charactaisda; (nI) it will reliably perform at least equally Well flue hncdon imposed by rho design Concept of do completed Pmject.as a functioning Wbole, : b. CONTRACTOR cexdfin dM (1) there is no increase in coat to the OWNER; and (iQ it will conform wally, even with deviations, to the detailed requirements of the item' named in the Contract Dock. 2. Sk*xd rete Now R. If in ENGDMWs sole di=edoa an item of material, or expn10meat proposed by CONTRACTOR does not gnalify as an `or -equal' item under 0D7W -19 • i paragraph 6.05.A.I. it will be considered a proposed substitute item. b. CONTRACTOR ftU submit suiicient information as p ririded below to allow ENGINEER to determine that'the it= of material at equbpum= proposed is essentially equivalent to that named and an acceptable. sy%xtitutt: therefor. Requests for review of proposed mfttbm items of material or cgtapmaeat will not be' accepted by ENGINEER from a 11111 other than CONTRACTOR. c. The procedure for review by ENGINEER will be as set' forth in paragraph 6.05.A.2.d, as supplemetated in the General RegcArementz and as • ENGINEER may decide is appupriate under the ch+ct»asumces. required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute mesas, method, technique. sequence. or procedure of constrwdan approved by BNGI- NEER CONTRACTOR shall submit sufficient information to allow ENGIN13F.R, in ENGINEER's sole discretion, to deierdh a dint the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proca- dam for review by ENGINEER will be similar to that pmided in stpjiragrapli 6.05.A.2. C. Engineer's E'mhtatimc: BNGINEBR will be allowed a reasomable time within which to evaluate each proposal or submittal "made to paragraphs 6.OS.A and 6.05.B. ENGINEER w� sole judge of aomptabEity. No "or-wid* or sabBtitatt will be ordered, mStailed or utilized amttl EI4GII -s review is co oplete..which wd.be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an war equal.' ENGINEER will d. • CONTRACTOR shall first maim written advise CONTRACTOR in writing. of any negative application to ENGnGM for review of a proposed determination. . snbsdu is item •of material or equipment that CONTRACTOR seeks to furnish or no. The D. Special GwrWree: OWNER may require CON - application shall certify that the pwposed sob ft to TRACTOR to furnish at CONTRACTOR!s e3q=n= a special item will perform adoWateby the functions and performance guarantee or other surety with respect to any Achim tie results called for by the general desiga, substitufe. be. simiEar in substaac a to that bpec I&d,. and be scaled • +� • to the • same use as that specified. The application B. EivGrl's that Rumbvrrse:nent: BNIGINEER will . .,• will• state tie eaitent. if any. to Which the use of tits .. _ record time required by iatgGINEM and 13NGINEER,'s pe.15. d s tdr t. It. will prejudice ' Consultants in mmluatig substitute or submitted by • CONTRACTOR's achievement 0 Substantial COMACTUL ptirsaam Uj 6.05.A.2 and 6.05.8 Completion on time. whether or not use of the and is making chanpea in the Contract Documents (or in the proposed substitute item in the Work will tzgmm a provisions of any otter d'irxt comract with OWNER for change many of the Contract Documents (or is the work on the Project) occasiemed thereby. • Whether or not provismas of any other direct camtract with OWNER ENGINEER approves a s'ubstitme item so proposed or for work on the Ptajecs) to adapt the desip to the submitted by CONTRACTOR, CONTRACTOR shall proposed substitute item and whetter or not reimburse OWNER for the charges of ENGUMM and iaootponttion or use of the proposed substitute item ENGINEER's Consobum for evabuaft each such proposed in ci pnecf= with tjte Work is sabjea to psymad of Vie. My'llowse he or royalty. All vanadium of the pm - posed substitute item from that specified will be P. CORMCTDR's E'rpease: CONTRACTOR shall identified in the application, and available proVide all data In support of any proposed substitute or -agineesigrg. odes, maintenance, repute. and `or-egoab" at CONTRAGTOR's expense. replacement services will be indicated. The application will also contain an hNW26d.estimate of 6.06 CommrnhV tears, Suppliers, and Others all costs or credits that will result direct" or indi- rbcdy from usta of stuh substitute item. including A. CONTRACTOR shall not =Vloy any SubcosaactOr. o=-of redesign and claim$ of odw contractors Supplier, or other individual or entity (Including those affewd by star resulting erbaage, all of which will be axeptable to OWNER as indicated in paragraph 6.06.B)p caasidect:d by ENGINEER in evaluating the proposed whether initially or as a reps, against whom OWNER substitute item. ENGINEER may toquire CON- may have reasonable objection. CONTRACTOR shall not be TRACTOR to fit mish additional data about the pro- required to employ any Subc:cWsctor. Supplier. or other posed stibstitatte item. individual or enty to fdruish or perform any of du Wmt against whom CONTRACTOR has reasonable objection. B. Suke tide CoAWUWd$t Medwdr yr Procedrmrs: If a specific mesa$, method, technique, sequence, or procedure of construction is shown or indicated in and expressly B. 1f the Sbpplementary Conditions require the identity of certain Strbcxmtractors, Suppliers, or other individuals or I I 00700 - 20 • • 0 tines to be sty to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement,• and if CONTRACTOR has snbmiited a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either is writing or by Ming to make written objection thereto, by the date indicated for acceptance or objection in the Bidding Documents or the Cant = Documents) of any sock Subcontractor, Supplier. or other individual or entity so ideodfied may. W revoked an the basis of reasonable objection after due investigation. CON- .. TRACTOR shall submit an acceptaWe'replacement for the rejected Subcontractor,. Supplier, 6r other individual or entity, and the Contract Price -will be adjusted by the differ- ence in the cost occasioned by such mplacenent, and an appropriate Change Order -will be issued or Written Amender signed. No acceptance by OWNER of any such • Sulicon,' Supplier, or other individual or entity, whether hddaUy or as a replacement, shall constitute to a waiver of any right of OWNER or ENGINEER to reject defective wank. or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of. the Contract Documents for the benefit of owNER'. and ENGINEER. Whenever any such a n with a Subcontractor or supplier who is listed as an additional insured an the property kastaance provided is P ph 5•06, die agreement between the CONTRACTOR =4 the Subcontractor or Supplier will c untain. pravksiodra Wbereby the Subcontractor or Supplier waives. all: rights against OWNER, CONTRACTOR., ENGINEER, ENGINEFR's Consultants. and all other individuals or entities mod, in the Supplementary Conditions to be listed as h urads or additional insureds (and the offers, der a km, parmaix, employees, agent, and other ccrosuknb and-subeontraCtoi� of each and say of Gem) for all losses and damages caused by. arising out of, relating to, of resulting frona any of the penis br mum of loss covered by such policies and' anjJ- other Property insurance applicable to the WorIL if the insurers an any such policies require separate waiver forms to W signed by any Subcontractor or Supplier. CONTRAC- TOR wM obtain the same C. CONTRACTOR shall be fully responsible to OWNER and ENGDOM for all acts and omissions of the 6.07 Patew Fern and Roj es Snbco a. Suppliers, and other individuals or entities perfarzoiog or fdanisidug 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 . tbz use in the acts �omtsd=. Naddag in the Contract Documents sim.. • performance of the Work or the incorporat�oua in the Work of crdatb`br thdliiyoekit of arty such Suboontracior, Stirpplier, or °'` aay�nvertioa. design, device wiih othdu• irdividdthlbr entity my coonactud relatiouship betweed process, product, or is .: •3ha 9*wt of patent rights or copyrigbts held by OWNER or ENGINEER and any such Subooatraetor, • Supplier or oflter'individual or entity, nor shall it create any a particular hmm ian, design, process, in or device is in obligation om the part of OWNER or ENGINEER to pay or specified the Contract Docuroents: for use in the performance of the Work and N 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 cop rrWw ad&g for the payment of any license fee or o1herwim be required by Laws and Regulations.• royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the D. CONTRACTOR shall be solely respoosible for fullest extent permitted .by Laws and Regulations, sehedaling and coordinating the Work of S-1 - -nu ants, CONTRACTOR shall indemnify and hold harmless Suppliers, and other •individuals or entities performing or OWNER, ENO BER, ENGINEER's Consultants, and the furailift MW of the Workunder a direct or iod'azct contract officers, directors, partners, employees Gragenu, and other with CONTRACTOR. consultants of each and any of them from and against all dolma. costs, knows, and damages (including but not limited E. CONTRACTOR shall require all Subs ontractors. to all fees and c>,targea of eng'meera, ardi 6ects, altonmys, and • Suppliers, and such otba individuals or amides puxfarnift other professionds and all court or arbitration or other or insist nay of the Work to communicate with ENGI- di qmw resolution costs) arising out of or relating to any NEM &&Ugh CONTRACTOR bftF=nt of patent rights or copyrights incident to tkte use is the performance of the Work or resulting iron the F. The divisions and sections of the Specifications and incorporation in do Work of nay invention, design, process, the identifications of mW Drawings shall .not control product, or device not specified in the Contract Documents. CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by. 6.08 randts specific trade. A. Unless otherwise provided in the Supplementary G. All Work performed for . CONTRACTOR by a Conditions, CONTRACTOR shall obtain and pay for all Sum or Supplier will be pursuant to an appropriate .. conIt3nction permits and licenses. OWNER shall assist agreement between CONTRACTOR and the Subcontractor CONTRACTOR, Wben necessary, in obtaining such permits 00700 - 21 and licenses. CONTRACTOR Jt all governmental charges and inspection fees necessary for the proseartion of the Work which are applicable at the time of opening of Bids, or, if there are no 'Bik on the Emotive Date of the Agre=ent. CONTRACTOR shall pay all charges of utility owners for coteuections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related therm, such as plant investment fees. 6.09 Laura cud Regaadons A. CONTRACTOR dM give all notice and cmpiy with all Laws and Regulations applicable to the performance of the Wady. Except where otberavise egmmly required by applicable Laws and Regulations, neither OWNER nor ENGDWJM shall be responsible for monitoring CONTRACTOWs compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having ' reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, cow, losses, and damage (*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 Worlq howe ver, . it shall not be CONTRACTOR's primary responshbilriy to malm certain that. the SpaafiCatiams and .Dmwings are i4 :accordance with Laws and Regulations. but . this shah not reliev bO*MAC'TOR of CONTRACTOWs ;R.3 :03. C. Changes is Laws or Regulations not known at the time of opening of Bids (or, on the Effmctive Date of the Agreement if there were no Bids) having an effect an the cost or time of performance of tin; Wmk may be the subject of an t adjtmt naut in Contract Price or C ft= Times. If OWNER and CONTRACTOR are unable the agree on entitlement to or on the amount or extent, if any, of any such adjustment, a ` Claim may be made dwrefor as gron►ided in paragraph 10.05. 6.10 Tom A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in ahxomdan= with the Laws and Regulations of the plaza of the Project which are applicable during the performanceW the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations. and shall not LA unreasonably encumber the Site and other areas with wnstrnction equipment or other materials or. equipment. CONTRACTOR shall assume full responsibility for any damage to jay such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or ocxupant because of the prformance of the Work, CONTRACTOR shall promptly settle wi& such other party.by negotiation. or odwrwise resolve the claim by arbi or other dispute resolution procudiag or at 3. To the fullest extent permitted by Laws and ' Regulations, CONTRACTOR shall indemnify and hold I , harmless OWNER, ENGINEER, ENGINEER's Consultwt,....and theofficers, directors, paitaers,• ; employees, agents, and other consultants of each and any of them 5•om and against all claims, costs, losses, and damages (nchidmg but not limited to all fees and charges of engmccrs, ardiitccKs, attorneys, and other professionals ' and all caul or arbitration or other dispute resolution I j costs) arising out of or relating to any claim or action, legal or egabable. brought by any such owner or 000%M t . against OWNER, ENGINEM4 or any other party indemnified hm=nder to the extent c—wd 1g or based upon CORMCTOR's performance of the Work. B.:1ten ava(Af.Debrfa Dwft PedWwwwe of the Work:.., boring the progtess of the Wotic CONTRACTOR shim keep the Site and other areas free from accumulations of waste I i materials,' rubbish, and other debris. Removal and disposal i 1. of such waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations. : C. C lemung: Prior to Substantial C m4 edoa of the Work CONTRACTOR shall clean the Site and maim it ready for utilization by OWNER. At the complation of do Work i ; ` CONTRACTOR shall remove from the Site all tools, appliance, constrhrction equipment and machinery. and surplus materials and shall restore to original condition all property not designated for alteration by fire Contract Documents. D. Loading Sku Wa. CONTRACTOR shall not Wad'?' nor permit any part of arty structure to be loaded in any' maiiiner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent i property to stresses or pressures that will endanger it. ., # =Tj A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change orders. Work 9 • 7 Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made daring boa. These record documents together with all approved Samples and a counterpm of all approved Shop Drawings will be available to ENGIlMER for reference. Upart campletM of the Work, time record docatmen% Samples, and Shop DmwbW will be delivered ID ENGINEER for OWNER. 6.13 500 mid Fiotedion A. CONTRACTOR shall be lulu responstble for Wig, ammtammg and supervising all ref* precautions and progcains is omnection with the WorL CONTRACTOR shaII take all necessary precautions for the safety of, and shall provide the nwessay protection to prevent`damMp, Wary or loss to: . 1. allpersons on the Site or who may be affected by the Work; '2. all the work and materials and equipgnent to be incorporated therein, whether in storage oe or off the Site; and __y�3. other propjet tty��at the Site or �a*djjacent thereto, F ineludmg trees, •shrubs, lawns, walks, vementse roadways, sttvettaes, utilities, and Underground Facilities not designated for rem oval: leldcatiak or replacenumt In the cones of camdructiaL B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persona or t. property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain an necessary safeguards for scx:h safety and proftnao. CONTRACTOR small notify owners of adjacent psvperW and of Underground Facilities and other Utility owners when pros — of the Work -may affect &em, and shall cooperate with the= in the protection, removal, relocation, and replacxmeot of the property. All damage, injury, or loss to any Property referred to in paragraph 6.13A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any 5ubCDAftctor, Supplier, or any other individual err cn&y directly or indirectly employed by suy of them to perform any of the Work, or aq= 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 mission: of OWNER or ENGINEER. or ENGIIVM's Can- sultaat, or anyone employed by any of than, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, In whole or in pail, to the fault or =gltgence of CONTRACTOR or. any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTitACTOR's duties and ruponsibilitles for safety and for protection of the Work shall continue =A loch time as all the Work is completed and ENGDaM has issued a wdc c to OWNER: and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as • otherwise expressly pro's in connection with Serial Completion). 6.14 Sq ty itgm=tad* A. • CONTRACTOR shall designate • a qualified and 31feLy representative at this Bite whose duties and respassdbitMu shall be the prevention of accidents and the muntaining and supervising of safety Pwndom -and programs. 6. IS Bawd amumiicadon Programs A. CONTRACTOR shall be responsible furor com*iadug any exchange of material safety data sheets or other hazard I Inn micstiom information required to be made available to or =bmmpd between or�� loyera at the site is a LaRrs 6.16 Emergendes A. in emergencies p affwft the safety or protection of property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent do atoned damage, *oi j►, or loss. CONTRACTOR shall.. give ENG]NEER prompt written nod if CONTRACTOR belitves that any significant changes in fire Work of variations from the Contract Documents have been caused tbereby or are required as a result thereof: If ENGMM determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in trapaose b such an emergency, a Work Change Directive or Change Order will be issoed. 6.17 Shop Draw&gs and Sm ptes A. CONTRACTOR shall submit Shop Drawings to ENG NM for review and approval in accordan= with the able . BcheMe of Shop Drawings and Sample subsaktals. AD submittals will be identified as ENGRmw may require and in the number of copies specified in the G==M1 RequiremeM. The data shows on the Shop Draarioga will be complete with respect to quantities; dimen- liana, specified performaucx and design criteria, materials, anti sumIar data to show ENGINEER the services, materialp, Ed equipment CONTRACTOR proposes to provide tnd to curable M40D1E M to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGWEBR for review and approval in accordance with the acceptable klmdule of Shop Drawings and Sample OM-23 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 ENGINIM 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 fht; Specifications. C. Where a Shop Drawing or sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable io ENGINEER as required by paragraph 2.07, any related -Work per6ozmed prior to ENGINIWs reymw and approval of the pertinent submittal expense will be at the sole and responsbw • of CONTRACTOR. 1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: a. all field measure, quantities, dimen- sions. specified perfmmaffix criteria, installation requirements. materials, catalog cumbers, and sim�sr information with respect thereto; b. all materials with respect to intended use, fab ioation, suing, handling, -storage: assembly. and Installation pert hft to -VA performiance of the Work-. c. all information rdative to means, methods, techniques, sequences, and procedures of construc- tioa '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 • Docommu with respect to CONTRACTOR'soview and approval of that submittal. 3. At the time of each submittal. CONTRACTOR shall gin ENGINEER specific written notice of such variations, if any. that the Shop Drawing oi. Sample submitted may have from' the regttir't:menta of the Contract Doorman, such notice to be in a written com- nmimication separate from the submittal; and, in addition, -shall cause a specific notation to be mask on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. II E. ENGQVEER's Review 1. ENGINEER will timely review and approve) Shop Drawings and Samples in accordance wide the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGII�ER's review and approval will be only to determine if -to o 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 I . concept of the completed Project as a fdactioning whole as indicated by the Contract Documents. r; 2. ENGINEBR's review, and approval will not extend to means, methods, techniques. sequences. or I procedure: of ccnstiuction (except where a particular means. method. technique. sequence. or procedure of construction is specifically and expressly called for by the Contract its) or to safety precautions or programs ! incident Hereto. The review and approval of a separate . item as such dill not indicate approval of the assembly in which the item functionz. I i - 1� 3. ENGINE s review and approval of Shop Drawing; or Samples shall- not relieve CONTRACTOR j from responsibilfty:four afly variation frond the require- ments of fire Contract Documaft unless CONTRACTOR I.1 has in writing called INGMEBR'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 is or mp the Shop Drawing or Sample approval; nor will any approval ! by ENGINEER relieve CONTRACTOR ,from x' respomsi 0ty for complying with the requirements of , paragraph 6.17.D.1. F. Reaubmind Procedures 1. CONTRACTOR shall maim corrections required by ENGINEER and shall return tits required number of corrected copies -.of Shop Drawings and submit as required new Samples for review apd. approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NMIR on previous submittals. 6.18 Cbndnuing die 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 disagreemet>ls, except U i as permitted by paragraph 15.64 . or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 C01VMC7nR's G. rwrol Ww7wIty and ouar+aaree A. CONTRACTOR warrants and guarantees to OWNER. ENGINMR, and ENGINEMVs Cansuttants that all work wM be in accordance with the Contract Documents and wM not.be defecdie. CONTRACTOR's warranty and guaranteQ 6k%moder excludes defects or damage caused by: I. abuse, modificafion, or Ingw per maiatenaace or opaatiou by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for wlon CONTRACTOR is responsilft or •s 2. nornial wear and tear under normal usage. B. CON'TRACTOR's obligation to perform and complete the Work is accordance With the Contract Documents shall be absobrte. None of the following will constitute an acceptance of Work that is not in accordance e with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Ca oft= meat:: :1 • . - observations by ENGINEM,; . e . -. r. 2. recommeada_km by ENGDCMR or payment by OWNER of any progress or final payment; 3: the issuancx of a certificate of Substantial Coup & an by ENGINEER or airy pr?mu t related the by OWNER; ' 4. use or occupauxy of the Work or any part thereof by OWNER; S. any aoxptsac a 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 ac=pW*- ity by ENG1TlIs6R; 7• any 1IsP=d0n. fit. or approval by others; or 8, any correction of defective Wort by OWNER. 6.20 L►dannifiaotio�c A. To the firlfest extent permitted by Lm and Regula- tions. CONTRACTOR trhaA indamoffy and hold harmless OWNER, ENGINEER, ENGI GMIs Consultants, and the officers, directors. partners, employees, agents, and other consultants and sdxuawsctors of each and any of them from and against all claims, CMU, losses, and damages (Including but not limited to all fees and charges of engineers, architects, attorneys. ad otter professionals and all court or acbim mn or otter dime resolution, costs) arising out of or ruing to the performance of the work, provided that any such claim, cost, loss, or damage; 1. is amble to bodily injury, sickness, disease, or death, or to h1jury' to or destruction• of tangible ty (Other than fie Wadi , including the loss of no resulting therefrom; and 2. is caused in whole or In part by any nagligmt act or amission of CONTRACTOR, any Enactor. any . or any hWhidual or entity dually or kdim*. , ` mp1b ed by any of 11M to perform any of the Wmk.or aayona for whose acts any Of them may be liable, regardless Of whetbw or not caused in part by any nq ft m or omission of an individual or entity indem- z fied bmamder or wheel= Y is unposed upon such Wenuui8ed party by Laws and Regulations regardless of the negligence of any such Individual or entity. B. • -hi uuflr and all claims against OWNER or BNGDIBER or MMY of their respective consultants, agents. officers, dims, partners, or emplqeez by any employs (or flee survivor or personal repreaeotnre of such employee). of . . CONTRACTOR. any Son. any Supplier. dr any M iviftd cr amity MV01Y Of'irid'iM* employed by any of dbdm to perform any of do Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.2D:A shall not be limited in any way by any 11mitation on the among or type of damages ca®peosation, or I I I Edo payable by or far CONTRACTOR or any such Subcontractor, Supplier, or other individual or inthY lamer ' �pCDsatiOn acts, disability beneftt now, or otter employee bmeM acts. C. ' Tic indemniflcation obligations of CONTRACTOR under paragraph 6.20.A dM not =tend to the liability of 9NGINEER and ENGhNESR's Consultants or to the ofcM. dn'cctera, pm%=. employees. agents. and other consultants and enbca t actors of each and any of them arising out of: 1. the ptepa Vd= or approval of, or the failure to prepare or approve, maps. Drawings. opinions, reports. rya. Change Orders. designs, or Specifications; or 2. giving &udosrs or instructions. or failing to give them6 if that is the primary cause of the injury or W=-25 ARTICLE 7 - OTHER WORK • 7.02 Coordi • 7.01 !Related Work at Ste A. OWNER may perbrm other woii related to the Project at the Site by OWNER's employees, or let other direct csntracta therefor, or have other work performed by utility owners. If such other work is not rated in the Con- tract Documents, them: 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 SnpplementmTy Conditions: 1. the individual or entity who will have authority and rest mscbdtiry for coordinations of the acdvides among) tine various contradm will be identified; 2. the specific matters to be covered by such 1. written notice thereof will be. given to CON- _ authority and respomsrbiErty will be items; and TRACTOR prior to starting nay such other work; and 3. the extent of such authority and rrsponstbfiities 2., if OWNER and CONTRACTOR are unable to will be provided. I agree an entitlement to or on the amooat or exIcat, if any, of any adluchn in the Cauh= Pr os or Contract Times B. Unless otbewise provided is die SuWameintary that should be allowed as a rsactlt of such pdxw work, a Conditions. OWNER shall have sole authority and respon- S Claim may be made thesafar as provided in paragraph srbility for such coordiaadom B. CONTRACTOR shall afford each other contractor who is a party in such a direct comma and each utility owner (and OWNER, if OWNER is pelf raft the otter wodx with OWMMVz employees) proper and safes saxes to the Site and a reasonable opportunity for the introduction and sty of materials and ewknaebt and the exc=ion of such other wort and.shall M"cly.coordium the Work with &*a. Uhha otherwise provided is the , CON- TRACTOR shall do all Cutting; fitting. and patching of. the =1 Work that may be ieWhed to properly c o6ncct or otherwise make its. several parts come together and piupedy integrate wits such other wodc CONTRACTOR shall not endanger any work • of others by cutting. esuavaft or otherwise alterittg their work and wM only cart or.aker they work with the written coaseut of ENGINEER and the others whose work will be a!%d. The dndea and respoust'btlid= of CONTRACTOR ender this paragraph are for the benefit of such utility owners and other contractors to tits extent that these are comparable provisions . for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper c o cation or resulta of any part of CONTRAGTOR's Wont depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other went and prompdy report -to ENGDMER is writins any delays, defaas, or deficiencies is such other work that render it unavailable or unmdtabie for due proper execution and results of CONTRACTOR's WorL CONTRACTOR's failure to so report will cue as acceptance of such. other work as fit and proper for integradon with. CONTRACTOR's Work eaxpt for latent dd=b and deficiencies in such other worL ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 C,orrrrrut rfctiorrs to Corr&ucw i A. Except as atitmwise provided in dseen General Cam�r • � tiaras, OWNER ' shall issue an communications to CONTRACTOR throug�t13NG� ' y • � !. I . 8.02 Repimmerrt atENGMM A. In case of termination of the employment of ENGI- i NEM OWNER shalt appoint an =Sin= to whom ' CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEML 8.03 Furnish Data A. OWNER shall promptly furnish the data rogaired of OWNER under the Contract Documents. 8.04 Pay Pftnp* When Due A. OWNER shall make payments to CONTRACTOR . prompt y when they are due as provided in paragraphs •: 14.02.0 and 14.07.C: is 8.05 Lands sad Bacrawas; Reports and Tests A. OWNS s; daft in respect of providing lands and easemetrta and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 rebra to OWNER's idendfyft and ma"ng available to CONTRACTOR copies of reports of axp]oradons OD7W - 26 I ' • and tests of anbsorhm CMM= and &2wmgs of physical conditions in or relating to c dsting surface or subsurface strocum at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Document. - - 8.06 Lrsramrce A. OWNEVs responsibilities. if any, in respect to Ptw : chasing and maintaining moil W and property insaraac a are i set for& is Article 5. r P] 9.07 Qrmrge Orders A. OWNER is obligated to execute Channe Orders as indbaed is paragraph 10.03. 8.08 Inspecdwa. Testa, ad Approvools A. OWNMa responsibility in respect to certain,msperr tioms. tests. and approvals is at forth in paragraph 13.03.B. 8.09 Lirdkadws on OWNER's Rbflftlea A. The OWNER shah not supervise, direct. or have control or auftny over. nor be nqx msiblo - for. CONTRACTOR'S memos, methods, tecbnigwk sequences, or`pt+ocedm�a of canstr Lion. or the safety preciaftQor and •: programs hicidgm thereto, or for any fa&n -of CON- TRACTOR to cowl* wM Laws and R*dMiasia applicable to the petformancx of the wok. OWNER win not W responsible for CONTRACTOWs failure to perform the Work in accordance with the Contract Doconwa. 8.10 ilndrsdosed Xazmdorrs EnvlranaamlCaafidon A. OW?Ws respoklI ty in respect to an undisclosed Ham BaOrcumenW Cotldi m h sd f * in paragraph 4.06. 8.11 Evhk= of FL%MC of AmQngennarts A. If and fro the extern O�i►1�TBR has agreed tD famiarh CONTRACTOR reasonable evidence that fmanaal arrsagements have been made to satisfy OWNER's obligati ms under to Contract Dom. OWNER's r+OnsibiTih► in reagent thereof will be as set forth in rho Stirpplemeatary Canditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Repraseatadve A. ENGBCM wM be OWNSR's repregentafte d fg the wmstractiem pub& The dolies and raponsWities and the limitltiOu Of antborhy of ENGINEER as OWNER's an set for& in the Coubut Doc omem and wM not be changed without wriuen consent of OWNER and ENGINEER. 9.M Virhs so sue A. ENGDMM wM make visit to the Situ at intervals appropriate to the various stages of consumdon as ENGINEER deems necessary in order to observe as an and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's.O=ubed Work. Based an information obtained dining such visits and observations, ENGINEER, ifw the beau of OW Mm, will determine, in general; if the Worm is proxeding is accordance wi& the Coact Document. ENGINEER win not be required to maim exbmoative or iaspectioma oat &e Site to check the gaality or quantity. of .the Work.: ENGi3�s efforts win be directed toward.providi ng for OWNER a•greater degree of confidence that the completed work *M oomfoan generally to &e Contract Document. On the basis of such visit and observations, ENGBUM wM beep -OWNER informed of lire progress of the Work and will endeavor to gmard OWNER against &*dive Work. B. ENGINEER's visit and observations are subject to all the limitations an' ENGMM's audwity and nWonubMV set forth in paragraph 9.10, and Particularly. but . during or m a resoit of ENGiNBER's visit or observations of CONTRACTOR's Work ENGINEER will not supervise, dbact. contrai, or have andwity over or be responsible for CONTRACTOR's mown. . ucbdT=, sequences. or prod of cams acdon. or file safety Precamtiams and Progiams Incident or for arty Endure of CONTRACTOR to comply with Lava and Regulations applicable to fhe pufarn>enx of the Woudc. 9.03 Projed Represm live A.' If OWNER and ENG24M agree, Et4GDIM WM famish a Resident project Represenadve to auM ENGINEER in providing more extmsive observation of the Work. The responsfbi klea and audimity and limitations thereon of any such -Resident Project Representative 'and assistants wM be as provided in paragraph 9.10 and in the S»pFiementsn► Conditions. If OWNER designates another 00700 - 27 reprove or agent to represent OIL at •the Site who is not ENGINBER'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 - Cm dkkm. 9.04 aa #kations and Lrterpreif. atioms A. ENaDwmt will issue with reasonable promptness such written clarifications or intcrpre ations of the regnirp. mums of the Contract Documents as ENODGM may ddw miap necessary, which shall be consistent with the intent of and reasonably ft*nbla from fhe; Contract Dom. Smeh written clarifications and motions will, W banding on OWNER and CONTRACTOR. if OWNER and CON- TRACTOR are unable to agree an coddement to or an file amount or extent, if any, of any'adjustment in the Contract Price, or , .Cgarx Tunes, or berth, that should be allowed as • . a result of a written clarification or h terpreudcm, a Claim may be made thexeilor as provided in paragraph 10.05. 9.05 Amhorized Variadmu in Work B. In connection with ENGINEER's authority as to Chan a Orders, on Articles 10,,11. and 12. C. Ia connection whh ENGINEER's andmuity as to Applications for Payment, ace Article 14. 9.09 Deter ninotions for Unit Price War* - A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will revic**q tith CON_ -TRACTOR the ENGIIVffit's pmdinIhm. Y. 1­ -'-' -M* such matters be tee rendering a written decIsioa'thereon (by I recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINM to I reffea changed factual conditions or more accurate data) :upon OWNER and CONTRACTOR, subject- to. ;the provisions of paragraph 10.05. . . I j 9.09 Derma an Regxbwm nts of Contreux Documents and Acreptabitiep of Work A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the Work from the requirements of the Canhact Documoulz requirements of the Contract Docmeats and judge of the why do not involve an adjust nc t in the Contract Price or acceptability of the Work thcetmder. Claims, disputes and fife Contract Times and are eornpatMe with tie design other matters relating to On apxVM0Uy of the Work, the concept of fife completed Project as a imcdoning whole as quatttit* and classifications of $hunt Price Work,' the jVAi6tbdilg►. fife .Contract Documents. These may: ± �+� of thezequirements of the: CantraWDOMftents a�cc n�li_sited:.by a Held Order. and Will be binding ast::. ;•pertaining to the performance of the Work, and.Clplims OWNER and also an CONTRACTOR, who span - socking Chan in the Contract Price or Comtrld Tune's will the Work involved promptly. If OWNER and CONTRAC-: be refeat; I initially to ENGINEER in writing, in accordance TOR are: unable to agree an entidannent to or an 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 format de dsion. Contract Times, or both, as a: - h cif a Field Order, a Claim may be made dmdm as provided in p nzgmph 10.05. 9.06 Rejecting De fferlfve Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project drat conforms to the Contract Doamneati or that will prebdice die amev* of the design concept of the cumpleed Project as a functimft whole as indicated by the Contract Dom. ENGINEIER wM also haw authority to rcq me spedd iaapection or testing of the Work as provided in paragraph 13.04, whadw .or not the Work is fabricated, installed, or completed. 9.07 Shop Driawftx, C kite Orders and Payrm a A. In won wilt ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. ' B. Wren functioning a' 4 Is Ir - - - V sad judge suitor this paragraph 9.09, ENGINEER will not dhow partiality to OWNER or CONTRACTOR and will not be liable in with any interpretation, or decision rendered in good fad ip such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or od= 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 remailliva ass either may otherwise have under the Contract Docanments or by Laws or Regulations in respect of any such Claim, •dispute, or other matter. 9.10 Limitatiou em ENGDMR's Authority and Respart- dbiUdess A. Neither ENGINEER's authority or respomarbrlrt' y under this Article 9 or under any other provision of rho Camfract Documents nor any decision made by ENGINEER in good faith either to w=dn or not exercise such authority 00700 - 29 0 or responigffiv or the undertaking, exercise. or performazice of any authority or rwpoasibiliW by ENGINEER shall create, Impose. or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, my Subcontractor, any Supplier. any other lndivianat or entity, or to agy surety for or employee or ageat of any of them. B. ENGINEER will not supervise. direct, control. or have atrflorily over or be responsible for CONTRACTOR'S maw, methods, techniques. sequezicea, or lomdures of . eonstry 2t ' or the safety precaution and proigrama incident thereto, or for any failure of CONTRAL TOR to comply with Laws and Regalat M applicable to the performance of the WML BNGDMM will not be responsible for CONT1tACTOR's failure to perform the Wort is acxardanc e with rim Cot uact:Documents. C. ENGINEER will not be rible for the aces or omiltdona of CONTRACTOR or of any Subcootracmr, any Supplier. or of any other individual or entity performing any of tan work. Directive, a Claim may be made therefor as provided in paragraph 10.05. 10-M Unaud wrfW Chwees in the Work A. CONTRACTOR shall not be entitled to an increase is the Contract Prix or an a tend= of the Comm Tortes with resPOd to any work pffftmied that is not regoirpd by • the Contract Documents as . =6 ded. modifI4 or suppl°mented as provided in paragra:pk'3.04, except. ju, the -case of as emergency as provided is 6.16 or its @re can of imUmming Work as provided in paragraph 13.04.B. 10.03 Emudm of e.pFd= A. OWNER and CONTRACTOR shall execute apVop 66 Change Orders reco®meaded by ENGIIdMT0r''''" Written Amendmenti) covering: 1. changes in the Work which are: (I) ordered by . OWNER ptususat m paragraph 10.01.A, (K required D. ENGINEBR's review of the final bwatin of acceiftioe of diva Work tinder Pam - Payment APP graph 13.08.A or . OWNER's correction of defective and accompanying documentation and all maim. Wmt n"der paragraph 13.0g, or QiM agteed'to by the nence and operating mom, schedules, guarantees, parties; Bonds, certificates of inspection, tests and approvals, and . ,other required to be delivered by paragraph • changes in die Cmaecx Price or .01AP�t1 am yr be to determine geaaal1y'that'their entrant which are agreed to by the parties' m �gT .romplica:'wi'the repo of, and in the • case. of'. ;' �iimtiispnted sum or amount of time for•'3Nork• actualy''..:t certificates of inspections, tests, and approvala that the stilts performed in accordance with a Work Charge Directive; certified indicate c ompliacce with, tfie Contract Documents. and E. The limitations upon audxn ty and responsibility set fords in this paragraph 9.10 shall also ripply to ENGINEER's CUmulfants. Resident Project Rapt raentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Akdroriza C9wga in dke Work A. Without invalidating the Asreement and without notice to any surety, OWNER may, at my 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 DirecdM Upou raxipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which Will be performed under the applicable conditions of tie Contract Documents (except as otherwise specifically i? ). 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 Tames, or both, first should be allowed as a result. of a. Work Change 3. changes in the Contract Price or Contract Times which embody the snbsu= of any written• decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lies of executing any such Change Qrder, m appeal may be talmn fivm any such decision In accordance with the provisions of the Contract Docuteents and applicable Laws and Regulations, - but during azW such sppcal, CONTRACTOR shall carry on the Work and . adhere to the progress schedule as provided in paragraph 6. M.A. 10.04 Nora a*K to jWrty A. If Notice of say clreZtge afl cling the general scope of the Work or the provisions of the C nft= Documents (mcluding, but not limited to, Contract Price or Contract Times) h required by the prvvidoes of any Band to be given to a stnety, the giving of any such 'notice will be CONTRACTOR's responabrin' yr. 'T'be amDunt of each gpkable Bond will be adjusted to reflect the effect of any such change. 00700 - 29 • 10.05 t:?dhr w d Disputes A. Now• Wnttm notice BMW thg,pneral lie 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 #ving 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 tine Contt'az within 60 days after the start of such event (unless ENGII1 M allows additional time for claimant to submit additia'nd or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepaied in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in a=mdmm with the provisions of paragraph 12.02.B. Each Claim shall be accongmded 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. ENGZNWM's Decision: ENGENESR will render a formal decision in writing within 30 days after re elpt of the last submittal of the claimant or the last submittal of the opp"ing Party, if, any. ENGINMV i written decision as such Claim.''d#apate. or other matter wM be final and biad'mg upon 0 IN a> .CONTRACTOR unless: i, 1 an appeal from ENGiN KER's decision is taken within the time limits and in accordance with the dispute resolution procedures sec forth in Article 16; or • 2. if no such dispute resohhtiost proms have been set forth in Article 16, a written notice of intention to appeal firm ENGINES R's written decision is delivered by OWNER or CONTRACTOR to the other and ID ENMGM within 30 days after the date of such decision, and a formal proceeding is inobsed by the appealing party in a forum of competent jurisdiction within 6D days after the dame of such dw sioh or within 6D days after SdsbmtW Completion, fiver is later (wdess otherwise apwd in writing by OWNER and CONTRACTOR), to exercise such rigjhts or remedies n the appealing party may have with respect to such Claim; dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGRUM does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its endraty shall be deemed to have been issued 31 days after receipt of the Iast submittal of fife claimant or the last submittal of tine opposing patty. if MY. D. No Claim for an adjustment in Contrad Price or Contract Times (or WMestones) will be valid if not enbmit in accordance with this paragraph 10.05. ! i y ARTICLE I i - COST OF THE WORK; CASH ' ALLOWANCES; UNIT PRICE WORK 11.01 Cart of the Work . `•A. sCosts Included The term Cost of the Work U i !4 the sum of all costs necessarily incurred and paid by CON- - TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or w* a Claim for an adjustment in Coatcacx Price is determined od the basis of .Cost of the Work, the costs to be t ei Amned to CONTRACTOR wMU only those additional or d costs required because of the change in the Worl� - of the event giving riw to the Claim. Except as otlrerwtse may be agreed to in writing by OWNER, such costs shall be is amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and sbal� -� not•inclu& any of the costs itemized in paragraph 11.01.B. .3 1. payroll coo for employees in the direct emplc� of CONTRACTOR in the perkwmm= • of the Wort: -wider schedules of job classifications agreed neon by ' •' bWg& and CONTRACTOR. Such employees shai . ;: ih�awi�opt limitation superiatendeots. fara�ea. •� . other pmwund employed full time at the Site. Payroll tests far employees not employed DA time oa the work � shall be apportioned an the basis of thdr time spent Cif the wade. Payron costs shall iuclade, but not be limited to, salaries and wages plus the cost of fringe bmefits,. . which shall include social security contributions. vaem� j ployment, excise. and payroll taxes. workers " Compensation, health and retirement benefits, bosm m,. sick leave, vacation and holiday pay applicable thereto.' i The expenses of performing Work outside of regular working homer, on Saturday. Sunday. or legal holidays, shall be included in the above to the extern authorized bar., ' OWNER. 2. Cost of -all materials and equipment finished; and incorporated in the Work. including costs -of. transportation and storage thereof. and Suppliers' field ' 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 can the cash discounts shhall aaxoe to OWNER. All trade discounts, rebatte and refunds and returns from sale of surplus: materials and equipment shall accrue to OWNE1t, and CONTRACTOR shall make provisions so that they may' be obtained. r: 3. Payments made by CONTRACTOR to Subcontractors for Worc performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain cqmpedtive bids from. subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENC RUM, which bids, If any, will be acceptable. If say subcontract provides that the . Sub�ctor is to be paid on the basis of Cost of the •. W.odfic phts a fee, the Sor's Cost of the Work anfee shall be' determined in the same manner as . CONTRACTOWs Can of the Wbi k and fee as provided inthis paragraph 11.01. 4. Costs of special consultants (including but not limited to engi�is, architects, testing laboratories, surveyors, accountants) employed for services specifically related to the Work- S . Supplemental costs including the following: a. Mw proportion of necessary . ; travel, and admistence expms transportation, CONTRACTOR's employees incurred in discharge of duties connected with @ter work. name, of"an ' materials, supplies, equipment. mic Y :' , and temporary facM- ties at the Site, and hand tools not owned by the workers, which ace consutmed into perfa mum of the Work, and cost, less m mbt vahte.. of such items used but not consumed which remain=the property of CONTRACTOR ' ; c. Rentals of all unction equipment and machinery, and the parts thereof wbetber rented from CONTRACTOR or ochen in accordance with rental agreements approved by OWNER with the advice of EN(irRimp, and the -costs of transportation. loading, vokwilug. asxmbly, disma ding, and removal thereof. All such cost shall be In accordance with the terms of said rental agreements. The rental of air such equipment, ma -or parts shall cease when the use thereof is no longer necessary for the Work. • - d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR- is liable, imposed by Laws and Rega- lationa. • 'a e. Deposits lost for causes other than negli- ,� genre of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by nay of them or for whose acts any of them may be liable, and royalty payments and fees for permits and hcensea. f. Losses and damages (and related expemes) caused by damage to the work, not compensated by insoraac a or otherwise, sustained by CONTRACTOR in connection with the pmft- mance of the Work (exi apt losses and damages within the deduc Cage aaaotmta of property. iastaarrce established in awards= with pa ragraph. s.00m), prbiidded sock losses and damages have resntteci from causes other than the negligence of CONTRACTOR. any Subs racbor. or anyone direotly.or y employed by of them or for whose acts any of them may be liable. Such losses.'" Wade settlements made with' the written bo mnt and approval of OWNER. No such losses. damages. and eigxnses shall be included In the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of udlities, fuel, and sanitary facilities at'the M. . h. 'Td M expenses sock as telegrams, long distance tc qh me calls. ielephome service at the • �S0a, mWesup, and similar petty cash items in s of coOGUM with ft work. • .: Win.;-.t ::.. «. , . . . d. When the Cost of the Work is used to determine the vahu of a Change Order or of a Claim, fire cost of premiums for additional Bonds and insetrance required because of the changes in the Work or caused by the event giving rise to the Clara.. . J. When all the' Work is performed on the basis of cost-phos, the costs of premiums for all Bonds and CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Cosa F:xcded The term Cost of the Work shall not include say of the following items: 1. Payroll costs and other campeasation of CONTRACTOR's ofl6cers, executives, principals (of partnerships and sole prvprietorshipa), general manag- erst engir+is, architects, esrmatora, attomeys, na- tora. accountants, pig and ccaawft agents, . expedrters, timekeepers, clerks, and other persound employed by CONTRACTOR, whather at the Site or in CONTRACTOR's principal or branch office for Smeral admiaisuation of the Work and rat specifically included in the agreed upon achedule of job classifications referred to in paragraph 11.01.A.1 or sl=&AUy coveted by paragmph 11.01.A.4, all of which are to be 00700 - 31 considered administrative coo- -covered by the CONTRACTOR's fee. * 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's offl= at On Site. I. Any part of CONTRACTOR's capital acpm=, including interest an CONTRACTOR's capital employed fbf the Work and charges against CONTRACTOR for ddbqu= payman. 4. Costs due to the negligence of CONTRACTOR, any Sabcontractar, or anyone &=dy or indirectly employed by any of dm or for whose acts.any of them may be liable, inahzding -but not limited. to, the correction of defective Work, dizoosal of materials or equipment: wrongly mWIKand making good mW damagatoproperty. 5. Odor ovedr-ad or general expense costs of any kind and the costs of any hm not specifically and expressly included in partgraphs.11.0LA and 11.01.2. C. comnucrows Fee: When all -do Work is performed on the basis * of cost-plus, CONTRACTOWs fee abaft W determined as set forth i * ado Azmmeut. When the value of my Work covered by a Chm ge Order or when a Claim for -an-adjustmout fa Claim is determined an' the basis of Cost of die Vcd;,CQk.f rP-ACTOWs fee shall be Aft=lned as set ftd; in paragraph 12.0l.C.. D. Whenever the Cost of the Wadk for any purpose is to be determined i iD paragraphsrzsuzz� 11.01.A and 11.012, CONTRACTOR wM establish and maintain records thereof in accordant- with g=raUy accepted accounting practices and submit m z form acceptable to ENGINEER an itemized cost breakdown topthorwith supporting data. I LM Cash AUdwwwa A. It h understood dud CONTRACTOR has included In the Contract Price all allowanoes so named is the Contract Documents and shall came the Wodc: so covered to. be per formed for such mw as may be acceptable to;.qWNEIt and ENGINEER. CONTRACTOR ap,= that:- . . I. the allowances include 60 Cost WCONTRAC- TOR (less any applicable tradealcounts) of InIftemb and equkanent required by the allowances to be delivered at the Site, and all applicable tam; and 2. CONTRACTOWs. costs -for udoadhig and •_hWAInIt on do Site, labor, Insudatim costs, ovezhe4id, profit, and other eV== contemplated for. do glow ances has been included in, the Contract Price and not in In allowances, and no rinrn2nri for additional p aYmoi on mottat of any of the foregoing will be valid. . B. HWID fIIMlpayment, as appropriate Clump OrdC will be hind as recommended by ENGINEER to refit actual ammmu due CONTRACTOR an accouat of Work covered by allowances, and the -Contract Price shall corcespondmgly 11.03 Unit Price Work A. Where the Contrad Documents pmwidc that all pan of the Work is to be Unit Prim Wort, initially the Contract Price will be debmed to include for all Unit Prue Warit an amonnt equal to -do am of the unit price for each separately identified JIVIul Of Unit Price Wort times the estimated quantity ..bf each item as• indicated in do Ag; W menL The estimated quantities ties of itemsof Unit Price are not guarmaud -and are B0* for &a. PMPM or camparlKa of Bids and determining an initial Coattact Prim. Deftruth-6m Of the actual quantities and classifications Unit. Prim Work performed by CONTRACTOR will made by ENORMER subject: to the provisions of paragraph 9.08.. 1 t- B. FA& unit pzim.wM be deemed to include as am not considered by CONTjtACT0EL to be adequate to cover CONTRACTOR'S overhead- ovedwand profit for each separately Idauffieditem. C. OWNER or CONTRACTOR may make a Claim fad an adjustment in the Contract Price In accordance witt.. paragraph 10.05 if: 00700-32 1. the quantity of any item of Unit Price Watil pmbrmed by CONTRACTOR differs materially and'' significantlyfrom the estimated quantity of auch.itein Indicated MI do Agreement; and 2. there Is . W --ding adjJustmout with respect any other item Of Wady, and 3. if CONTRACTOR believes that CONTRACTOR- is cuffled to an Increase in Contract Prim as a result of having incurred� adohional cxp=w ad OWNER believes that OW is enirtled to a decrease - in Contract Price and the parties areudi6re to agree a; to the amount of any su& Increm or decrease. • n ARTICLE" 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIRM 12.01 C7=We of Corrhucr Prke A. The Contract FdW may only be changed by a (flange Order or by a Written Amendment. Any Claim for OR adjustment in den trbnft= price shall be based on written notice submitted by .die party making the Claim to tiro ENGDMM and the other party to the Contract t in accor- dance with the provisions of paragraph 10.05. - B. The value of EW Work covered try a Change Order or of any Claim for am adjustment in the Contract price will be determined as follows: .. I. where de Work involved is covered by unit Prices cowed in the Comet Documents. by applica- tion of such unit prices to to quantities of the items involved (subject tD the provisions of paragraph 11.03 ): or 2. vrhema the Work involved is not covered by unit prices cowed in the Contract Documents, by a . mutually agreed lamp sum (which . may include an allowance for overhead and• profit• not.nwessarily in accordance aitirparaghaph 12;G1.C,2 pr : 3. where the Work involved is not covered by unit Prices contained in the Contract Documents and agree - mend m a hump sum is not reached under pwagraPh 12.01.B.2, on the basis of due Cost of the Wore (determined as provided in para,g1raph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. C0JYMC7VR's Fes: The CONTRACTOWs fee for overhead and profit shall be detern2iae . as follows: 1. a mtnmally acceptable and fug or 2. if a find fee is not agreed upon, then a fee based on due following percentages of die: various portions of the Cost of the work: a. for emu incurred mender paragra* 11.0l.A.1 and 11.01.A.2. due CONTRACTOR': fee Ad be 15 percent; b. for costs incurred under paragraph 11.01.A.3. the CONTRACTOR's fee shall be five PeVC011t; c. where we 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 drat the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 per of due costs incurred by such SubcantragN tender .paragraphs 11.01.A.1 and • 11.01-U and that any higher tier Subcontractor and CONTRACTOR wM each be paid a fee of five percent of the amount paid to tiro next lower tier Subcoptrac�; . d. no fee shall be payable an due basis of costa bcmf ed tinder paragraphs 11.01.A.4. 11.01.A.5, and 11.01.11; e.. the amount of credit to be allowed by CONTRACTOR to OWNER. for say change which results is a net decrease in cost will be the amount Of tiro actual not 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 adjustment in CONTRACTOWs fee shall be computed an the basis of the net chhange in accordance with pam- graphs 12.01.C.2.a through 12.01.C.2.e, iaclu- 12.M amge of conn=�rmw ' A. The Contract Times (or MCM1103) nay only be by a Change Order or by a Written Amendment. Any Claim for an adjustment in ale Cow Tmhes (or ) shall be based on written notice submitted by the Party making the claim to due ENGINBBR and the other party to the Contract in accordance wide the provisions of peregrapph 10.05. B. Any adjusmoent of the Contract Time (or hflwkm) covered by a Change Order or of any Claim for 811 adjoatmcut in die Contract Times (or Milestones) will be determinod in accordance with due provisions of this Article 11 12.03 Delays Beyond C011 MCTOR's CMDW 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 (err Milestones) will be estended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.MJL Delays beyond the control of CONTRACTOR shall inctode. but not • be limited - to, acts or neglect by OWNER, acts or neglect of utrlity owners or other contracts other work as contemplated by 00700 - 33 • • Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONMCTOR's COnwd A. The Contract Times (or Milestones) will not be exu mded dna to delays wahm the control - of CONTRACTOR. Delays aMfttable to and Within the control of a for or Supplier shall be deemed to be delays within the control of CONTRACTOR. - 12.05 Delays . Beyatd OWNER's acid CONTRACTOR's tbxtml . JL. Where CONTRACTOR is prevented from romplet lag any part of the work within the Contract Times (or kiilestones) this to delay beyond the metro[ of both OWNER 'slid CONTRACTOR, in extension of the Cdutrac t !Wide (or hMcstones) in an amotmt equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 D. clay Damages A. In no evens shall OWNER or ENGINEER be liable to CONTRACTOR, auy Sbbcos>tiactor. any Supplier. or any otter person or organization, or to. any surety foil' or employee or agent of any of diem, for damages arising out of or reeilting flOm: 7• a 1delays consed by or within the control of CON - or 2. delays beyond the control of both OWNER and CONTRACTOR ;Deluding but `not limited to inns. floods, epidemics, abnormal weather dons, aces of God, or acts or neglect by utility owners or other contiscwrs performing other work as contemplated by Article 7. B. Nothing in this paragraph' 12.06 bars it change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay. intierfesence6 or distttption directly atts'butable to actions or iaactices of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; . CORR=170N, REMOVAL OR ACCEPTANCE OF DEPECTIVE WORK 13.01 Notice of Defects A. Prompt nodo: of all defective Worst 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. 13.02 Access to Work A. OWNE?, ENGINEER, ENGINEER's Ccesultants. , other representatives and personnel of OWNER, independent testing laboratories, and govezamental agencies with jurisdutional interests VIM 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 ac == •sat! nowise them of CONTRACTOR'S Site safety procedures and programs so = , that they my comply therewith as applicable. i 13.03 Tests and InspecdMu A. CONTRACTOR shall give ENGMEER 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. 11 B. OWNER shall employ and pay for the services of an �! independent testing laboratory to perform all moons. tests, or approvals required by the Contract .Documents I i J. for inspections. tests, or ape covered by . paragraphs 13.03.0 and 13.03.D Qii;r;'� 2. that eosin incurred is conacction with tests or inspections conducted pursuant to paragraph 13.04.E I shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise spec ftdly provided in •the Con-( tract Documents. C. If Laws or Regulations of any public body having i jurisdiction require any Work (or part therooq RmdfK ally to I W inspected, tested, or approved by an employee or other representative of such public body. CONTRACTOR shan. assume full responsibility for arranging and obtaining such'. inq=dons, tests, or approvals. Pay all costs in cam` therewith, and furnish ENGINEER the repaired certificates of inspecton or approval... D.. CONTRACTOR shall be responsible for arranging ad obtaining and shall pay all -costs in connection with any inspections, tests. or approvals required for OWNER's and; ENGINEER's aoceptam of materials or equipment to be ' tocorporated in the Wodr. or acceptanos of materials, mix. designs. or eqc #wn t submitted for approval prior to! CONTRACTOWs purchase thereof for incorporation in de'' Work. Such inspections, tests, or approvals shalt be performed by organizations acceptable to OWNER and; ENGINEER. OM - 34 ' n L d 0 E. If any Work (or the work of others) that is to be p` rospated. tested, or Wpmved is coveted by CONTRACTOR t without written concurrence of ENGINEER, it amiss, if requested by ENGDMER, W tmcovered for observatiam. P. Uncovering Work as provided is paragraph 13.03.E shall be at CONTRACTOR's expense mbM CON- TRACTOR has given ENGINEER timely notice of ' COMRACTOR's iuteution to coves the same and ENGI- NEER has not acted with reasonable pia in respouse 'to such notice. the Work shall not give rise to ally duty on the parr of OWNER to exercise .this right for the benefit of CONTRACTOR. any 5uboonautor. any Supplier, any other hAvidual or eutuy, or any surety for, or employee or agent of any of them. 13.06 • Cbrrectiorn or Ranaval ofWecft Won# A. CONTRACTOR shall correct all -defective Work, whether or not fabricated, inafalled, or =lec or, if the Work has teem raj== by ENGINEER, remove it from the 13.04 Uncovering Work Pr4ect and nPbw it with Wotk that is ' not defective. CONTRACTOR shall pay all Claims, costs. losses, and damnser C=hft but not limited to all fees and charges of A. If any Wont is covered caMMMZy to the written effacers, architects. attorneys. and other request of ENGINEER, It must, if regnsled by ENGINEER, • all dart or arbitration or other professionals and be' red fx* ENGINEER'a observation and laced �f �•° m resolution costs) CONTRACTOR'S expense. ' � arising• out of or relating to such correction 'or reiiroval (mchxrmg but not limited to all costs of repair or replacement of work of others) B. If ENGDMM considers it necessary or advisable such drat covered Work be observed by ENGINIM or impacted 13.07 Correetia n Period or tested by others, CONTRACTOR. at ENGIINEBR'a . req=4 shall ummet, fie, or otherwise 'make available for qbservation, hupection. or testing as ENGINEER may A. If withk one year after the date of Substantial Completion. require. that portion of die Work in goedon, fnrmbhiag all or such longer period of time as be prescribed by Laws or Regulations or by the terms of aW IIecessary labor, noateriel, and egaipinciL If it is found deaf applicable special gnarsatee required by -act the C onk such Work is defective, CONTRACTOR shall pay: an 'ICIiInn <. Docunuots or by anY Spa�fic provisio n of: the. Contact ' posh, Iona, end Cog but not Tmited to all Sees and charges of a raters, architects, N,.and Documents. any work is found to be deli cdw, or if the •repair atto&e other professionals and all court or arbitration or odor ' " of any damages to the land cr areas nab .avarlable:for CONTRACTOR's use by OWNER or permitted by Laws and dispirie resolution costa) arising vent of or relating to such as mom is fot h 6.1 LA is md to uncovering. • o ou. inspection. and testing, and of satisfactory replacement or Cmcluding be def dive. CONTRACTOR shall promptly, without cost to OWNER but not limited to all costs of repair °replacement of work or and in acxo�rdanc a with OWNER's written ia4truWans: (i)repair smch defective land or areas, or Cra of others); and OWNER shall be entitled to an appropriate decrease in die Contract Price. If dw parties are enable to correct such defective Work or, N the defective- Work has been rejected by OWNER, remove it from the Project and agree as to die amount thereof. OWNER may make a Claim dumufor as provided in paragraph 10.0s. If. however, such repbm it with Work that is not defective. and (ii17 8atidr tmily earrecx or repair or remove Work is not Sound ID be defective, CONTRACTOR shall be and replace any damage to other Work, to fire work of others or other had or snowed as increase in the Contract Prue or an exwndou of the Carhtract Times (or M astoues), or bok dim* attdbot areas resulting therefrom. , If CONTRACTOR does not promptly comply with the terms able to arch uncovering, acposure, observation, lien, of such instructions, or in an emergency where delay would can serious risk of loss or testing. replacemauk and reconstznctiam. If the parties are unable to agree to damage, OWNER may have die defec dve Work corrected or as the amount or extent thereof, . CONTRACTOR may male a Claim lierefor as provided in repaired or may have the rejected Work removed and replaced, and all Claims, Paragraph 10.05. c our, losses, and damages (Including but not limited to all fees mad charges of 13.05 OWNER M St the Work �' ' :attorneys, and other piofe d mah and all court or arbitration or other dispute resolutiou cysts) • arising omt of or relating to A. if the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or egaipmwl, or fails to perform the Work in such a way that the completed Work will c mdbrm to the Contract Dots, OWNER may order CONTRACTOR to atop tie Wes, oz anY Portion thereof, until the cause for mwb order has been eliminated; however, this right of OWNER to stop W"CUUM or repair or MMn removal and realm (inclndimg but not limited to all costs of repair or replacu= of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of DVIPMM Is placed in ioadauous service before Mfttaudd Completion of all the Work, the correction period for that 0070D - 35 • is item may start to ran from an earlier date If so provided in the Specifications or by Written Amendment. C. where defective work (and damage to other work resulting therefram) has been corrected or removed and replaced under this paragraph 13.07, to correction period here m her 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 tins 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. connection with such corrective and remedial action,, OWNER may exclude CONTRACTOR from all or part otj 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 budl which are stored elsewhere. CONTRACTOR shall allows i OWNER, OWNER's reprh:sentatives, agents and employees. OWNER's other contractors, and ENGINEER and ENGMEER's Consultants access to the She. - to enable, OWNER to exercise the rights and remedies nnder this Pam• _ : C. All Claims, costs, losses, and damages Cnduding! . 13.09 Accgftwe of Defealve Work but ubt limited to all fees sad .charges of engineers, arms; attorm7s, and Other professionals and allcourt art A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or replacement of defative 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, cam, losses, and the necessary revisions in the Contract Documents with damages Cmcluding but not limited to all fees and charges of respect to dhe Worm and OWNER shall be entitled tD an. e *hovers, arcihitects, attorneys, and odder professionals and appropriate da roase in tiro Cantram Price. If the parties are j g all eclat or' arbitration or other dispute resolution costs) unable to agree as to tin amount of the adjustment, OVQM _! at ribunMe to OWbMVs evaluation of and determination to :may maim a C32im durefor as provided in paragraph 10.05. but.not accept. sgch.defe6tive Work (such costs to be approved by. Such claims, costs, losses and damages will -include -ENGINEERas toband the diminished Vae - 16limitedlb all costs of repair, or replacedmff6f*am dff l •�jPb' t.o.sto the. extent not otherwise paNlffti\-,•odm destroyed or damaged QI -f^m-"�1.w CONTRACTOR pur5vaat to this sentence. If any such replacement of CONTRACTOWs defadive Work. , acceptance occurs prior to BNG1N>181t's recommendation ucf 1 Seal payment, a Change Order will be issued Incorporating D. CONTRACTOR shall not be allowed as extensions . the necessary - revisit= in de Cana -act Docamicuts with of the Contract Times (or M ostones) because of any delay 'respect to the Work, and OWNER rball be -entitled to an- in the performance of de Work able to the exercise by' 1 appropriate decrease in do Contract Price, renectiag the OWNER of OWNER'a rights and remedies nzidex this t : diminished value of Work so accepted. If the parties are paragraph 13.09. undA to agree as td do amount thereof, OWNER may make a: Claim du dor as'provided m paragraph 10.05. If the ` AND ac:beptsnoe occurs after Such reooramendadm_ as appropriate ARTICLE 14 - PAYMENTS TO CONTRACTOR emaunt will be paid by CONTRACTOR to OWNER. COMPLETION 13.09 OWNER May Confect Dgi!dtm Work A. If CONTRACTOR fails within a reasonable time after writt$a no'"..from ENGINEER to carted defective Work or to remove and replace rejected Wort as required by ENGINEER in accordance with paragraph 13.06.A, or N CONTRACTOR farts to perfiorm the Work in accordance widr tie Contract Doc u ants, or if CONTRACTOR fails to comply with suy other provision of die Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct sad remedy nay such deficiency. B. In exercising fire rights and remedies under this paragraph, OWNER shall proceed .Py. In 14.01 Schedule of Values A. The schedule of values established as provided m` paragraph 2.07.A will serve as the basis for progress payments end will be incorporated into a form of Application for Payna t acceptable to BNGINEML Progress payments on aaaunt of Unit Price Work will be based on the mmhber of emits completed. 00700 - 36 • • 0 14.02 Progress Pay nmU . A. AppUbmiona for Pay nmu 1. At least 20 days before the date established for each progress payment (bat not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Psymeit'Med ant and signed by CONTRACTOR covering the Work completed as of the date of the Application and acc 6' led by such nfftnting.documentation, as is required by the Contract Documents. If payment is requested on the basis of material& and equipment not m orporated is 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 accompafiiet!' 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 iasa um or other arnugemem to Prot= OWMVs interest therein, all of which mast be satisfactory to OWNER. a. die Work has pr6gressed to the pout indicated: ' b. the gciality of the Work. is generally in as rIII ncx with the Cow Documents (subjax to as evaluation of the Work as a fnnctioning whole prior to or upon Substsudd Completion, to the results of any anbsequeat into idled for in the Conrad Dom, to a' final determination of quantities and elassificatioas; for Unit Price Wort under paragraph 9.08; and to any goatiffcations stated in the I - F M nendatioa); and c. do . conditicius precedent . to CONTRACTOR's being eudded to such psym= • appear to have been fulfilled in so far as it is ''''ENGINEE6t's respomlnMty to observe the Work. ' I. By recommending say such payment ENGI- NEER will not thereby be deemed to have represented that: M iaspecd= grade to chock the quality or the quantity, of the Work as it has been perk emed have been exhaimfive, eictended to even► aspect of the Work in 2. Beginaing with the second Applimliian far PZ08ma, or involved detailed moons of the Work tim specifically assimood' to Payment, each App de an shall include affidavit of ENGINEER in befond the die Cron t COM RACTOR stating that all Documents; °r (� that pay ... received on of the have been 'ni n� be other matters or issues.betweeri the �P*'on discharge -I?�6 might entitle CONTRACTOR ro be •paid • •. x` ivat to CONTRACTOR's by OWNER or noble OWNER to' withh6kr^ 1• legitimate dbUgatim askoided with prior P!,pp payment to CONTRACTOR. far Pa*ezL 3. The amount of retainagewith respect to pro- gress payme>ta will be as stipulated in the Agreement. I Review of AppHwdow 1. ENGIIOSR will, wkbfa 10 days after receipt of each Application for Payment, either indicate in wrhmg a recommendation of payment and .present the Application to OWNER or return the Application to CONTRACTOR indicating- in writing BNGINEER's reasons for refining to recommend payment. In the Iatter case, CONTRACTOR may mate the naxssa 7 correctiom and resubmit the Appiluda . 2. ENGINSER's recommendation of any payment requested in an Application for Payment will cmt1tute a representation by ENGLNEER to OWNER; based on ENGINEER's observations on the Site of the'euecuted Work as an exparleoced and qualified design profession- al and on ENGINM's review of the Application for Payment and the ==Vauying data and schedules, that W ft best of ENGINEMVs kuowleop, iuformsdart sad belief: 4.. Neither ENGINEWs review of CONTRACTOR's Wosk for the purposes of recom- mending paymees nor ENGINE 's recoiamendatim of ffi7 payment, including &W payment, wnlf impose rapouability on BNGINBER to supervise. direct, or control the Work or for the means, medw&. wrjmigeea. BKOODCOM. or procedures of won, or the safety PROUti ua end programs incident thereto. or for CON- TRACTOR's failure to comply widi•Iaws and Regu- ladoos applicable to CONTRACTOR's performance of the WMIL AddidGM11y, said review or recommendation Will not impose responsibility on ENGIINBi•SR to make any examiaatioa to ascertain how or for what purposes CONTRACTOR has used the Momp paid ou account of the C UI=t PH=, or to determine bunt tide to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. S. ENOMM may refuse to recommend the whole or any part of any payment if, is ENGINMIs oplelak it would be incorrect to make the represents- tiom to OWNER referred to in paragraph 14.02.B.2. ENGWBER may dw refuse to recommend any such ent paymor, because of subsequently discovered evidem or the results of subsequent inspections or tests, 00700 - 37 revise or revoke any such pant ra ommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss becamse: a. the Work is defective, or completed Work has been damaged, requiring correction or replacx- meat; b. the Contract Price has been reduced by Written Ameadmon or Change Orders; c. •OWNER has ' been required to c om ctra t defective Work or complete Work in accordance with paragraph 13.09; or d. ENGIIOER has actual knowledge of the oeoaeac a of any of the events enumerated in para. graph 15.02.A. - C. Payment Becomes Due - 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's rec:om meadation, the amount recommended will (SuNect to the provisions of paragraph 14.02.D) beccaae due, and when due will be paid by OWNER to CONTRACTOR. . t. OW14EM may refuse to make payran t of the hill amount recommended by ENGDOM because: a. claims have been made against OWNER on account of CONTRACTOR's.perfmmance or fur- nishing of the Wow . b. . Liens have been Sled m Eton wi& the Work except whore CONTRACTOR has delivered a specific Band satisfactory to OWNER to secure the satisfaction and discbk a of such Liens; - c. there are othet items entidiag OWNER to a act -off against the amount rammmended; or . d. OWNER has actual knowledge of the oc cur- ,F= of any of the events emrmerate d in paragraphs K,M.B.S.a through 14.02.M.c or paragraph 1S.02.A. 2. If OWNER rases to maim payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating are reasons for such action and promptly pay CONTRACTOR any among remaining after deduction of the 'among so withheld. i OWNER shatpmmptly pay CONTRACTOR the amount so withheld. or any adjustmeat thereto agreed to r ; by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for - such action. i 3. If it is subsequently detm=ined that OWNER's . refusal of payment was not justified, the amount wrmtgf dly withheld shall be treated as an amount due as I determined by paragraph 14.02.C.1. 14.03 COMMCT OR's Wm7wzry of Tftle A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether mcorporated in the project i or not, Will pass to OWNER no later than. the time of ' payment free and clear of all Liens. 14.04 SubstamW Compkdon j A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify v, �O{]WQNg}II�t,��a�nd EN024EERRiin}writing that do cadre Work is -ub_'"--y complete (` x=pt for how specifically listed by . CONTRACTOR as incomplete) and regm a that ENGINEER , Issue a certificate. of Substantial Completion. Promptly - the *W%cr, OWNER, CONTRACTOR, and ENGUJEF.R •shall make atE�pechon of the Work to determine the status 'of completion. If ENGINEER does not consider do Work 1 * ' -6 pleie, ENORCM will notify' -`•* CONTRACTOR in writing giving the reasons dMMfar. If ENGINEER considers the Work substantially complete, ENGIIdEER 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 dmdng which to make written objection to ENGINEER as to azw provisions of the certificate or attached list. If, after considering such 'objections, ENGINEER concludes that the Work is not wally co®pleft. EN024M will within 14 days after submission of the tentative cer5cate to OWNER notify CONTRACTOR is writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER oamsidors the Wards sabatandally complete. ENGINEW,*M ' - within said 14 days execute and deliver to OWNER and CONTRACTOR a dafnidve certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the Mdative certificate as ENGINEER believes justified after.. cpasidetation of any objections from OWNER. At the time of delivery of ft tcataft certificate of Substantial Comple= tion ENGINEER *ill deliver to OWNER and CONTRAC- TOR a written recommendation as to division of respomsibiii ' . OD700 - 38 • ties pending final, payment between OWNER and �* CONTRACTOR with respm to security, operation, safety. and protxtian of the Work, maintenance, heat, utilities, imsmmm, am wanandes and guarantees. Unless OWNER and CONTRACTOR agree otherwise is writing and so inform ENGINEER in writing prior to ENGMM s iastaiag the definitive cexdfiaam of Substantial Completion. ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR =4 final payment. B. OWNER shall have the right to eho b& CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR ramot6otativnable access to enmP� or correct items on tine 14.05 Pardd u&7kWm • • , A. Use by OWNER at OWNER's ' option of any any completed part of the Work which has sPxifhcally been identified in the Contract Documents. or which' OWNER. ENGME914 sad CONTRACTOR agree Work that can be used by OWNER for its intended pmV m wihoo 4pW=mi interference with CONTRACTOR's Perform®ce of the remainder of the Work, may be Pdmt tal• letida of -all the Work subject to the following ccoaditioas. ;.. •a� 1. OWNER as any time may request CON- : TRACTOR in writing to permit OWNER to use nay such part of the Work which OWNER believes to be ready for its heaoded use ad snbstaotialiy complete. If CONTRACTOR agrees that such part of the Worm is subsbmda ly complete. CONTRACTOR wM m ifp to OWNER and ENGIIMER that mach part of the Work is MftMmaRY MMIM and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGDUM in writing that CONTRACTOR considers any much part of the Work ready for its intended use and substandiany emmpiem and request ENGINEER to issue a = ficate of Substantial Completion for teat part of the Work. Within a realm" time alter either such request, OWNER CONTRACTOR. and EIrTGINEER shall make an dam of that part of dw Work to &nmmim its stams Of completim If ENGIN ER does mot consider that Part of the Work to be smbstandaUy complete. ENGDMER will notify OWNER. and CONTRACTOR in writing Vvmg do re mm therefor. If ENGINEER considers that part of the Work to be Rnbstandaliy comPbft, the Provision of paragraph 14.04 wh71 apply with respect to certification of Substantial Completion of. that part of the Work and the division of responal tf in respect thereof and access thereto. may � toof Part of the Work of paragraph 5.10 regarding propc0mPH=m with er >nsmance. 14.06 trod Lcspecdox A.' Upon written DO&C from CONTRACTOR that the 'entire Wont 1* as agreed Pam Hof. it complete INGINEER will P�ptly matte a final h apeathoa W6 OWNER and"CONTRACTOR and will notify COX TRACTOR in writing of all pm&dars in which this inffeCtiom reveals that the Work is incomplete or defective. CONTRACTOR ahal! , halos smhWmmeaas are complete sash Work or remedy such 14.07 Fbrc1 payment A. AMTaeuteon for payment 1.. After CONTRACTOR has, in the opinion of ENS �factorHy °MPS all moons daring the Snot inspection and has delivered. in ac cmdmm with the C . all main- tem= and operating b t wdona, files. gmm_ other evidence: of imsthraace ... CONTRACTOR may maim application for final , PaYuma following the promd. for Ping. Payer. 2. ' The .final Applk adm for Payment dmn be (mcePt MIS n called formgm y deLvaed) by. (7 all Contract: Doetmments, h cbm*g but not Iimitcd to the evidence of hmzance required by subparagraph 5.04.B.7; (ID a P nr of the mnuY. if m 7►. to final Payaae; and C111) eomplete and legally effxdve releases or waivers (satisfactory to OWNED of all Lien rigbts arising out of or Lim filed is cmz=tion with the Work. 3: III lien of the releases at waivers of Liens OWNER, CONTRACTOR14.07.A.2 and as by rclum in full and an of xkvk of CONTRACTOR that- (1) the releases and receipts include all labor, services, material, and equipment for which a Lim could be filed; and (h) all mrolls, material and equipraeot bills, and other indebi connected with the Work for which OWNER or OWNER's property might in any way be responsible leave been paid or admwim m dsfied. If am Subc omuww or Supplier fails to furnish mwb a release or receipt in full, CONTRACTOR may furnish a Band y � to OWNER to r OWNER against e 007W - 39 I B. Review of Application 24cceptance 1. If, on the basis of ENGINEER'S observation of the Work during construction and final mspxtion, 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 tha final Appli4tion for Payment, indicate in writing ENGINEER's reCbaamendation of payment and present the Application for Payment to OWNER for pay-. mmL At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is K=ptable subject to the provisions of paragraph 14.09. Othmvc►ise, ENG24EER will return the Application for Payment to • CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make. the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1.. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amounts ommended by ENODUM will became due'and, wl%f dui, iiiil be paid by OWN- ER to CONTRACTOILA.N,.rja a 00, 14.08 Focal t+ompletion Delayed . A. • If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGMEER so confirms, OWNER `shaII, upon receipt of CONTRACTOR'S final Application for Payment and recommendation of ENGINEER, and without terminating the Ate, andw payment of the balance due for that portion of the Work fully c ompletcd and accepted. Tf the itrtrg Wing balance to be bold by OWNER for work not fully completed or corrected is Ions than the reWwge 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 tine balance due for that portion of the work fully completed and accepted shall . be submi" •.try CON- TRACTOR to ENGINEER with the Applicatwn for such paymant. Such payment shall be made under the tenets and conditions gdvetning final payment, except that it shall not tonstidrte a waiver of Claims. 14.09 Waiver of Maims .A. The making and acceptance of final payment will uonstidite: I. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from uns " ; Dens, from defective Work appearing after _ ! inspection pursuant to paragraph 14.06, from fnulmt to comply with the Contract Documents or the terms of d special guarantees - specified theiain, or fro CONTRACTOR's continuing obligations under the, Contract Documents; and i 2. a waiver of all Claims • by. CONTRACTOk against OWNRR,other than. those previously made in writing which aristill unsettled.. ARTICLE 15 - SUSPENSION OF WORK AND ( ' TERM[NATION I i 15.01 OMMkMay Suspend Work I . A. At any time and without cause, OWNER suspend the Work or any portion thereof for a period of ' more than 90 antive days by notice In writing to CO ..I TRACTOR and ENGINEER which will fix the date an which Work will be resumed. 'CONTRACTOR shall resumetl� � Work on.the date so fmadti CONTRACTOR shall be allows an adjuslmeat is the Contract Price or an extension of the Contract Times, or both, duly aM*utable to any suh1 suspension if CO9'IZtQTOR make; a Clainn therefor aragtaphil0 ' Provided is p .� :Q�,:•• ..... ISM OWNER MayTWminate for Ca ue A. The occurrenceof any one or more of the foDowing events will justify termination for cause: a 1. CONTRACTOR's pmbtrat failure to pmforz t the Work hn accordance with the Contact Documents (including, but not limited to, MUM to supply skilled worlorus or suitable materials or equipmeatt failure *to adhere to tin progress schedule established under paragraph 2.07 as adjusted from time to timl pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws o- Regulations of aa3► public body h#?',mg ; 3. CONTRACTOR's disregard of the suffi rhty of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If me or more of the events identified in paragraph 15.02.A near, OWNER may; after giving CONTRACTOR (and the surety, if any) seven days written notice, terminati • :7 the savims of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of die Work and of all CONTRACTOR's tools, appliances, construction cqtxneut, and machinery at the Site, and use rho same to the• fall extent they could be used by CONTRACTOR (without liability to CONTRACTOR for hupass or conversion), incorporate in the Work all materials and equipment stored at the Site or for Which, OWNER.hae. paid CONTRACTOR but which are stored elsewhere, and finish the work as OWNER may deem expediesu. - In such; case, CONTRACTOR shall not . be entitled to receive any further payment noin to Work is 5nUA& if the unpaid balance of do Contract Price exceeds MR claims. Costs, losses, and damages funding but not limited to all fees and charges of engineers, arch, attorneys, and other professionals and all cxcnt or arbitration, or other dispute resolution. cam) sustained -by OWNER hissing out of or relating to completing to *mt.'such exam 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. Costa, losses, and dammges incurred by OWNER will be reviewed by ENGD43M as to their reasonableness and, when so approved by E DIEPR, incorporated in a (age Order. When numbing any rights or remedies under this paragraph OWNER shall not be required to obtain die lowest Prim for do Work performed. C. Where CONTRACTOR's 'serums have been so terminated by OWNER, the tOlmh a ,IwM M- affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue: Any retention or payment of moneys doe CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Teminwe For C&&deuce A. Upon seven days written notice to CONTRACTOR Mid ENGINEER. OWNER may, wittmtu cause and whh= pnjudIce to any otur right or remedy of OWNER, slat to terminate de dcut wZ In such case. CONTRACTOR shall be paid (witsant duplication of any items): 1. for completed and swaps" Work executed in ac cordamee with the Contract Documents prior to do eff+antive date of termination, including fair and reascm bla sums for overhead and profit on, such Work; 2. for expenses mmine d prior to the effeedve date Of termiaatiom in performing sexvics ad furnishing labor, materials. or egWpmemt as required by tie Count Documents in connection with uncompleted Work, phis fair mud reasonable sums for overhead and profit on such expenses; 3. for an claims, costs, losses, and damages (Muting but not limited to all fees and charges of engineers, architects, attorneys. and other professionals and all court or arbitration or other dispute resohhtia�h costs) incurred in settlement of mated Contracts with Sd=nftRcmrs. Suppliers, and others; and 4. for reasonable eVenses y attributable to termination. B. CONTRACTOR shalt• not be paid ash among of loss of and profits or raveme: or other economic loss Killing out Of or remitting fivnn such terrmhm ion. 15.04 COM MOR May Slop Work or Terminate A. if. dn . qgh no act or fx& of CONTRACTOR, the Work is suspended for more than 90 Consecutive days by OWNER or under an order of Court tkbdier pubUc an<hority, or ENGDMM fails to act on any Application for paymem 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, neon scum days written notice to OWNER and ENGDUUM. aad provided OWNER or ENGINEER do not remedy such nqmmlm or failure Within that time, terminate tits Contract and recover from OWNER payment on the same terms as provided in paragraph ISM. In lien of terminating die Contract and without prejndiee to any with , may, if ENGI NE M has filled to act Co an App for Payer Wig 30 days after it Is snbmittm�aHWoWNER has failed for 30 days to pay CONTRACTOR air sum finally determined b be due. CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop do Work until payment. fs made of aIl such amonat: due CONTRACTOR, hwbx ag The provisions of this paragraph 15.04 are Intended to preclude CONTRACTOR from making a Claim ender paragraph 10.05' for an adjustment in Contract Price or Contract Time: or otherwise for expenses or damase CONTRACTOR's stopping the Work as patudod by d ARTICLE 16 - DISPITPli ABSOLUTION 16.01 Medmds sad Pnmaedva A. Dhpute rMOMM methods and proems, if any, shall be as set forth in the SupplemenRary Conditiotm. If no method and pmc adore has bcm at fords, and subject to the CONTRACTOR Of PKWI a 9.09 and 10.05, OWNER and my exercise such rights or remedies as either may Cherwise have under the Contract Docnmema or by Laws or Regulations in respect of any dispute. 00700 - 41 ARTICIZ 17 - MISCSLLA WS , 17.01 - [Ruing Mortice A. Whwa ver any provision of the Contract Documaft i requires the giving of written notice, 'it win be deemed to have been validly given if delivered in person to the I Individual or to a member of the firm or to an officer of the i corporation for whom it is intended, ar if delivered at or sent by regtatered or certified magR pow p d+ l {' business address known to the ghrer of•tLe,notux. I 17.02 GmW&Vdm of 71m a I A. When any period of time is referred to is the Contract Docmmmta by days, it will be computed to m clode . • the first and include due List day of such period. It the last• i day of any such period fella on a Saturday or Sumday or an a day made a legal holiday by the law of the applicable Jurisdiction, such day will be omitted from the gym. �II 17M " . Ckmakdve Rrmediea A. 1U duthsAd obligations n gxmd by d= General Conditions sad die i and rinnedies available bender ' to the parties hereto so in addition to, and are not to be consWood in any way es a limitation ofr any. and ' remedies available to my or an of ihem whkfi uiro otberwise -:, ` . j •>�..h.qwsad or available by Laip.O .Rvgn ,Ay qMW wanamy or gnarmser, or by otter provisions of the Contract Documents, and the proviskms of this paragraph wu71 be as efflective as if repeated specificeny in the Contract • I Docume= in mom with each particular duty, obligation. r1gK and remedy to which day apply. 17.04 Siw•vtval of Obfiga dour A. An representation:. 1011e1uni8catioms, wazran ies, and made in, required by. or Sivm in accordance with the Contract Doctunaft, as wen as all continuing , obligations h.Wkmd in the Camtrac t Doatmeata. wfil survive final payment. completion, and accepta of the Work or termination or comphdom of the Agreement. 17.05 CmWatiirrg Law .. A. This CmI ract is to be gowned by the law of do - • ' state in which the Project h located. 0070D - 42 { 0 SPECIAL CONDITIONS OF THE CONTRACT These special conditions amend the general conditions of this project by addition or deletion of certain provisions. The paragraph numbers for special conditions correspond with the affected .paragraph numbers of the general conditions. All other paragraphs of the general conditions remain unaltered. Work -related specifications of a general nature can be found in these specifications. SECTION 1.01 — DEFINED TERMS Add the following new paragraph to Section 1.01: Accompanying these specifications and forming an integral part thereof are the following drawings the 2003 La Porte City -Wide Sidewalk Replacement Project Sheet No. Title 1. Cover Sheet 2. Project Locations 3. Standard Details The contractor is responsible for following where applicable ' 'the latest local and county standard specifications and details with latest amendments, addenda and revised drawings. SECTION 5.01 - PERFORMANCE AND PAYMENT BONDS Add the following sentence to the third paragraph: Also include in the proposal all premium costs for the Bonds. SECTION 6.09 - LAWS AND REGULATIONS Add the following paragraph: CONTRACTOR shall comply with all Federal, State and local laws governing prevailing wage rates. Prevailing wages in Hams County area are shown at the end of the Special Conditions of the Contract. SECTION 6.18 — CONTINUING THE WORK Add the following paragraphs: The order of completion shall up to the CONTRACTOR but shall be in a manner that is reasonable and prudent and lends itself to timely and orderly completion of the project. SECTION 6.11— USE OF SITE AND OTHER AREAS Contractor access shall be from and along, the various streets of the City of La Porte. Under no circumstances shall the contractor block or otherwise obstruct private driveway -access to one or more private residents. The Contractor shall -be responsible for any damage or harmful effects to City roadways and thoroughfares caused or as a result of sidewalk improvement operations. SECTION 14.01— SCHEDULE OF VALUES Add the following sentence to the last paragraph: The OWNER, the City -of La Porte is a tax-exempt governmental entity, Tax ID No. 74-6001552. Add the following paragraph after the above sentence: Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code §151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and, accordingly, Contractor SC-1 shall not collect Texas sales and use taxes from Owner with respect to this contract. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311(i) tangible personal property that will be incorporated into Owner's realty; (ii) tangible personal property that is necessary and essential for the performance of this contract and is consumed entirely on the job site; and (III) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provision for Texas sales and use taxes with repect to such exempt items in any bid or contract amount, and (ii) shall pass on to Owner cost savings due to the exempt items in any bid or contract amount, and (III) shall pass on to Owner cost savings due to the exempt status of such exempt items. Contractor's contracts with all subcontractors to Contractor shall include the foregoing provision regarding the exemption from Texas sales and use taxes. SECTION 14.02 — PROGRESS PAYMENTS Add the following sentence to the first paragraph: The OWNER will pay for installed items at the contract unit price only as determined by the bid form. Add the following paragraph: Furthermore, should the progress of the work fall substantially behind the CONTRACTOR's approved construction schedule, the value of the work not completed on schedule as determined from the CONTRACTOR's approved schedule of values may be deducted from the moneys due on partial payments until such time as the CONTRACTOR regains its construction schedule or provides evidence that the delays are beyond his control. SECTION 14.07 - FINAL PAYMENT Add the following paragraph: Final Payment shall not be made to the CONTRACTOR until the Owner has accepted the project in writing. SC-2 AM= -WA E RATE D��WJF�AQ MA BUILDING CONSTRUCTION TRADES COUNTY NME: HARRIS Dift Printed 3 April 116 107 30.00 In the rats tied Irdcaft kwilldent data was rmdved to determine i pmvaftg wage Me for we - - Govwmnwd Coda Tills10, Section nMM% paragraph 0 'A amtrictor or eutxoaaaatordon not vMM 116 season IF a pubk body awarding a =*W dose not determine the provalibij wage ralms and ape* the rates In be controd as provided In SaWan 2258.022.' d Go narm Suwon rowdolm CM 1996 SWVWY Ruals I • General Services Commission 1711 San !acute - P.O. Box 1%X7 I Austin. Teas 78711-3047 Web Site: www gsesratLw_vs C512) 463-3035 .Pertinent Information to Ali. Public Entitles Using Prevailing Wage Rate Deterriinatibna - Produced by the Qsneral Services Commission 1. The contracting entity awarding any contract for non-feder ally funded. public works construction project (regardless of size or donar value) shall 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 performed,' for each waft or type of workman or mechanic needed to execute the contract. The Prevailing Wage Rate Detemftition is defined as (1) the Pmwa ft Wage Rate Determination information sheet (document number WR1001g ), (2) the Prevalling Wage Rate Deterninalion for BulkA Construction Trades. and (3) the Department of Labor (DOL) Heavy Highway Determination. The DOL Heavy Highway fates are to be paid to workers engaged in site work determined to be five (5) feet beyond the bui(dtng, extending to the property boundary. ' 2. It shall be the responsibility of the contracting entity to ensure that the General Contractor posts the , applicable Prevailing Wage -Rater Determination in a prornlnentA&t aw&zolo place. at the work site. 3. It shall be the rpsponsr'blIlly of the contracting entity to ensure that not less than the posted, spediled rates are paid to el classifications of workmen, mechanics and laborers employed by the General Contractor j arWor Subcontractors, in the execution of their contract with the contracting entity, and to ensure that all U workers Ot into one of the listed worker classifications for work of a similar character. For example, ' welders are to be paid the rate of pay for the trade they are working for. 4. It shag be the responsibility of the contracting entity to take vognt=nca of wage rate disputes andlor compktints-of all violations of the provisions of Chapter 225E Texas Government Code The 10. S. It shall be the responsibility of the contracting entity to address the issues of fringe benefits in the bid ! ! spectfic eMon documents and contract documents- The Prevailing Wage Rate Determinations produced by the General Services Commission Include frbigo benefits to the total wages. The bid spediication documents and eontrad documents need to specify whether the contracting entity Is retfftirtg that fringe ! _1 benefits be paid. r. It shad be the responsibility of the contracting entity t4 address the issue of the use of apprentices and _ t4etrpayment rate In the bid spectfrcaGon documents and contract documents. The rates specMedin the Prevailing Wage Rate Determination produced by the General Services Commission era journeyman rates. Historically, the apprentice rate is commensurate with the experience and skip of the worker. For example. on GSC pn4acts, apprentices are paid at a rate of not more than 60% of the joumeynnan'll wage - Also on GSC projects, at no time shall a jourteyinan•suparvlse more than one (1).apprendoe. Note: Tile terms journeyman and apprentice apply to both union and independent workers, and are not Intended to Imply that these positions are union workerx only. Some Prevailing Wage Rate DetermtnatJons for Building Construction Trades may Indicate $0.00 in the :'Total Wage' column, rather than a doifar amount. in such rases, The General Services Commission did not recalve suffldent survey data to tabulate a prevailing wage for this worker dasdlicallom in the 2pedfied area, and can riot provide a prevailing wage rate for dais dQ@zl5^affon. Where this occurs. General Contractors and Subcontractors shalt not be bound to a premiling wage rate for the dasrl lcation In question.. waIew MWO �. • • yl: General services CommLssion 1711 San JadWO - P.O. Box Q047 Au da, Tess: 71711-3047 Web SIW a►wa►,sso.sMe. US (312) 463-3035 Prevailing Wage Rate Determination fnforMation •The following information from Chaptar 2258 Texas Government Code Tlde 10 should be specli cation dowments and contract documenbs: inducted in your bid 22.58.021. Duty of Govemrtwntal t.atity to pay prevailing Waga Rates (a) The state or any pot<ticat sul6dMsion of the state shall pay a worker employed by It or on boW (1) not less than the general prevailing rate of per diem wages for work of a sin>:(ar character in theb sty In which the work is performed; and. (2) not less than the general prevailing rate of per diem wages for legal'holtday and overtime work (b) Subsection (a) does not apply.10 maintenance v vrlt, (c) A %voiker Is employed on a public work for tha purposes of this section p the worker Is employed by a contractor or subcontractor in the execution of a contract for the , state political f subdivision of the state,. or any officer or public body of the state P tic work with the Political sub&Won of the state. 2258.023. Pmvalling Wage Rates to be Paid by Contractor and Subcontractor; Penaify. (a) Thr contractor who is awai,ded a contract by.a public body or a subcontractor of the pay not less than the rates determined under Section 2258.022 to a worker ern l contractor shag execution of the contract: P oyed by $ in the • - (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 or part of the day that the worker Is -paid Ides than the wage rates atiputat In then � A calendar . body awarding a contract shall s Note: This anal �� this[�r�ty In contract P ty applies even If the contractor or subcontractor and the worker come to agreement on the underpaid wages (sec Attomey General Opinion DM-489). an ' (c) A contractor Or Subconftefor does not vkWe this section U a public body awarding a contract does not a—unine the prevailing wage rates and.speafy the rates In the contract as provided by Section ' (dj The public body shag use any money collected under this section to offset the costs Incurred in the administratiorl of this chapter. (e) A municipality is entitled to Coped a penalty under this section • .. of more than 109000. �Y if themunicipality has a population 2WL051. Duty of Public Body to Hear Complaints and Withhold payment (a) A pu6Uc body awarding a conlra4 and at1 agent or officer of the public body sham; (1) contact andtake n� of cormptatnts of all violations of this chapter Committed in the execution of the (2) withhold money forfeited or regtdred to Abe wkhhetd under this contractor under the co �apter from the payments to the than the trust ntract�,w=pt.dW the- public body may not withhold money from otbor • Payment without determination by the public body that there is good cause to botieve that the contractor has violated this chapter. "RIM wedgy Ing Worker C[assiffeatiort Deffnitfon Sheet. arsbs waiter Worker who removes zed rg spores of asbestos rrsat9rfais. Worker who husids wood structures, or strucgums of any material which ---- reP a� wood. includes rough and flush carpentry, hardwar s and ` et LaycdFTooring. Instalts3r Worker who kMfals carpet and/or floor cove& x+s�ts Finisher fir • ��- -.. worker who floats, immix, and 5nish�s aonervta. C.omrru atior>rrstes h%Ulter- Worker who'irtstals dataltst I I ephona and twevimon cable and ass: � evipment and accessories. �71E Worker who installs metal fm=d walsand celfrigs, dryWalendMi%!. Sidled craftsman who Irwals or repairs siactrkal rve alarm systems. and HYaC eleclrlcal cot>tnais. � and devk*L fides BerP Mechanic Ciatt man sidlted In the kwtagariori and maintenw" aN elevators: . Proorrnp Irtstaifer worker wlm sprayd or apples reg proofing rnatwbdL laZiar worker who instals gfasa. 'gkzFng and grassaavy Equlpr>sent Opesauor ku lud"but not.k*bd to a l Cat tractors. elf derddapowared: aPower operaled PC has, back War. Potter operated shovel, vvirwht�uWor iKosider who apples. sPMM or lmdaJls to Asdom Worer Sikl fpd pahsrnan who enacts stnicKnal steel fConcrete and instalswbkarggaMedfor qo=. Rebar.ti oNyuttslcl(edorsemi�kipedwork Lifting.cad loots, hau ft. digging, dean-up.r/Planerei YVorerwho lnstaffs metal framing acid lath. worker whoappQes Equtprrserlt Operator includes br4 not �cd to air compressors,Uudc crane driver, flex • plans. building . elevator. form grader. concrete mbbwr #a= than 14 - (l s�, com►syor. Craft man who waft with masonryproducts, stone, bdk block orarty mataiiai sung for Ihose materials and accessor -m alai 8uftdmp Assembler Worker vitro assetnbtes . Pre-rnade metal btdldings. _ ' j . Medrantc sp g in fhe ir:stadaGon of heavy mad�irtery, oornreyanoe. . �►renches, dodo levelers. fiydrar4tc lRs and align pwnps. a�tea'41fa1 Covering Installer Worker vafio PmPares wil surfaces and �t�, � :r� COYO ' }ape l�•� arld t7od�f1A Trdine voexur who lnstalte - —.-- • ibOi�+� PfPb'9. Piing teems. ddRed water piPtnO and loot water, pnea ift tubing controk rdM". bolars. and amcfated iad-equipment. r Oct crattanian who installs domestic hot and a* WSW p%ktp Prig. storm system piping. water closets. -sinks. Urinals and rotated wok er. ' . Worker who instals rooting materials. Skur nen (asphak and cold tat , felts, all fias#>ings, all types roofing membranes and assodated pmdttds. heal Mata1 Worker who Instals shoot mebd products:. Root me t4 tlaslnings, acid verbs.' ISPifnidar Fitter duatmrk. merctow" equiPmerst. and associated metals. `Terra= Worker Wofmr who bstals rare rinider, sP systems end fire proteadton equipment. is 3�sutt Conan who pfac*x and C gfts Tons= Wositer who prepares wag and/or floor surfaces and applin ceramic dies to thms atirfaoes.' Naterproo farCaulkw _ Worker who appOs s water prmflng material to b sealant. cauk sheet membrane uL Products f orbrr membranes. sprayed. icier. or brushsad on.. SUPPLEMENTARY CONDITIONS OF THE AGREEMENT CLP Project No. 2002-4503 SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and where in conflict, they take precedence over the "Standard General Conditions of the Construction Contract" of this Specification. SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be understood as referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be understood as referring to the City Engineer for the City of La Porte, Texas. SC-3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools, and equipment necessary to complete the work. SC-4 SEQUENCE OF WORK: All work covered by this Contract shall be completed within the number of calendar days designated by the Contractor in the Bid Proposal. SC-5 TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the Contract Documents and within the time limitations described in paragraph 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 five hundred dollars ($500.00), it being understood between the parties hereto that such sum shall be treated not as a penalty, but as liquidated damages for loss of revenue to the OWNER. SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work under the Contract to be free from faulty materials in every particular, and free from faulty workmanship, and against injury from proper and usual wear; and agreeing to replace or to re - execute without cost to the OWNER such work as may be found to be imperfect or improper, and to make good all damage caused to other required replacement or re -execution. The guarantee shall be made to cover a period of one year from the date of completion of all work under this Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and final payment. Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or workmanship during the period covered by the guarantee. SC-8 MATERIALS ' AND WORKMANSHIP: No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without written consent by the OWNER. SC-9 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at a location satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They shall be well ventilated, but provide proper concealment, and shall be kept scrupulously clean at all times by the CONTRACTOR. The facilities shall be removed and the site restored to its original condition SC-4 upon the completion of the work. All such facilities shall conform to the requirements of the state and local health authorities, ordinance and law. SC-10 INCONVENIENCES TO THE PUBLIC: It is the declared and acknowledged intent of these specifications that all work such as backfilling of excavations, removing forms, repairs to roads and drives, and clean-up or other such operations shall follow as closely as practical to the laying or installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a hazard to public safety created. Any specific limitation in the technical specifications referring to the control of the "follow-up" operations, such as the minimum distance of unfilled trench allowed behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is created. The CONTRACTOR, upon notification by the OWNER or OWNER'S representative shall make necessary changes to his forces and/or equipment. SC-11 PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the CONTRACTOR. Easement, right-of-way and instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR shall obtain all required permits from the City of La Porte and any other affected agency. SC-12 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities thereon free from accumulations of waste material, debris or rubbish caused by his employees or work; at the completion of the work he shall remove from the site all his tools, surplus materials, debris, and shall leave the site and his work "broom clean" or the equivalent, unless otherwise noted on the drawings or specked by the OWNER. SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the OWNER'S operations meet with a minimum of interference resulting from the work requiring by these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a manner as to permit these continued operations and so as not to interfere with the business of the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at the pre -construction meeting and restrict all his vehicle and personnel to this route and to the site. The blocking or hindering of traffic will not be permitted. SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in connection with this work. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and where required, shall properly connect and coordinate his work with theirs. SC-15 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S forces or by other contractors contiguous to work covered by this contractor, the respective rights or the various interests involved shall be established by the OWNER or his resident inspector, to secure the completion of the various portions of the work in general harmony. CONTRACTOR shall issue work schedules in conflicting areas as requested by the OWNER or his resident inspector. SC-16 STORAGE OF MATERIALS AND EQUIPMENT: Any material which has deteriorated, become damaged or otherwise unfit for use, shall not be used in the work. Any material or equipment must be stored at a location directed by the ENGINEER at the pre -construction meeting. Upon completion of all work, or when directed by the OWNER, the CONTRACTOR shall remove such storage facilities or equipment form the site. SC-17 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground structures in the vicinity of the work are shown on the drawings according to the best information available to the OWNER. The OWNER does not guarantee the accuracy of this information. The CONTRACTOR shall make every effort to locate all underground utilities by prospecting in SC-5 0 • advance of trench excavation. The cost of repair of existing utilities damaged by the CONTRACTOR shall be borne by the CONTRACTOR, and shall be scheduled so as to cause the least possible inconvenience to the public. Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground structures or obstructions not shown on the plans or found in different locations than those indicated, shall not constitute a claim for extra work, additional payments, or damages. SC-18 SUBLETTING THE WORK: The CONTRACTOR shall perform with his own organization and with t he a ssistance o f workmen u nder h is i mmediate s upervision, work n of I ass t han f ifty percent (50%) of the value of all work embraced in the Contract exclusive of items not commonly found in contracts for similar work or which requires highly specialized knowledge, craftsmanship and/or equipment not ordinarily available in the organizations of the contractor's performing work of the character embraced in the Contract. No portion of the work covered by these specifications and materials, shall be sublet without written permission from the OWNER. If the CONTRACTOR sublets any part. of the work to be done under this Contract, he will not under any circumstances be relieved of his responsibility and obligations. All transactions of the OWNER will be with the CONTRACTOR.- Subcontractors will be considered only in the capacity of employees and/or workers and shall be subject to the same requirements as to character, competency, wages and hours. The OWNER will not recognize any subcontractor on the work. The CONTRACTOR shall at all times, when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. A c omplete I ist o f s ubcontractors m ust b e s ubmitted within ten (10) d ays a fter start-up. SC-19. PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use construction equipment, labor, or techniques to insure that existing facilities such as but not limited to, existing utilities are not damaged. A careful pre -construction inspection of existing facilities will be made with the OWNER and the CONTRACTOR. SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental growth within the right-of-way, not directly interfering with the construction of the road bed, sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree, shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers, sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property owner outside of the street right-of-way. Large trees not conducive to moving shall be removed and disposed. SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER. SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water for construction and testing from the City of La Porte at his cost. A construction meter will be provided at no cost to the CONTRACTOR for the duration of construction. SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing facilities (i.e., lift stations, valves, fire hydrants) during construction. SC-24 OWNER'S PROPERTY INSURANCE: Owner shall not be required to provide any additional property insurance coverage under this contract. SC-25 REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an additional insured. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: SC-6 • General Liability: Commercial General Liability General Aggregate Personal Injury Each Occurrence Automobile Liability: Combined Single Limit Excess Liability: Umbrella Each Occurrence Each Aggregate Workers Compensation: A. Definitions: $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 Certificate of coverage ("certificate"). A copy of a. certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, T WCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's work on the project has been completed and accepted by the OWNER. Persons providing services on the project - includes all persons or entities performing all or p art o f t he s ervices t he c ontractor h as undertaken t o p erform o n t he p roject, r egardless o f whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or a mployees o f a ny entity which f umishes p ersons t o p rovide s ervices o n t he p roject. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on the project, and provide the OWNER: (1) a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and SC-7 • 0 (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 and of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate ends during the duration of the Project. (5) retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the Project; and (7) contractually require each .person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing service. J. By signing this contract, the CONTRACTOR is representing to the OWNER that all employees o f t he C ONTRACTOR w ho will p rovide s ervices o n t he Project w ill b e c overed b y workers' compensation coverage for the duration of the Project, that the coverage will be based SC-8 on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Commission's Division of Self -Insurance Regulations. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, or other civil action. K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of contract b y t he C ONTRACTOR w hich a ntitles t he O WNER t o d eclare t he C ontract v old i f t he CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the City. The CONTRACTOR shall be responsible for insurance to cover equipment, tools, materials, supplies, etc. used in the performance of work, owned or rented, the capital value of which is not included in the cost of this Contract. Insurance policies are to be written by companies authorized to do business under the laws of the State of Texas and on forms approved by the Insurance Commission of the State of Texas. The CONTRACTOR shall provide the OWNER a copy of all insurance policies. All of the insurance required to be carried by the CONTRACTOR shall be by policies which shall require on their face, or by endorsement, ten (10) days written notice to the OWNER before they may be cancelled and within which ten day period the CONTRACTOR covenants that it will provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the coverage required under the provisions hereof. Failure or refusal of the CONTRACTOR to obtain and keep in force the above required insurance coverage shall authorize the OWNER, at its option, to terminate this contract at once. The CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and agents from all claims and liability due to the activities of itself, its agents, or employees performed under this contract and which result from an error, omission, or negligent act of the CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall indemnify and save harmless the OWNER from any and all expenses, including 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 SC-9 • e. The person executing the Payment and Performance Bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required for the Contract and such authorization must be recorded in the files of the State Board of Insurance. f. Failure to meet the criteria for acceptability of surety company issuing Payment and Performance Bonds will result in the disqualification of the bid. 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 fire 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 Hams County area as attached at the end of the special conditions shall be paid for labor which is employed by the CONTRACTOR and his subcontractors for execution of this contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names, wage classifications, and hourly wages paid to each worker employed on this project. These records shall be open to inspection by the OWNER. SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer will be the final interpreter of the requirements of the contract documents and sole judge of the acceptability of work thereunder. SC-10 SC-30 DISPUTE RESOLUTION, METHODS AND PROCEDURES: ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days)'after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within 45 days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within 30 days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The Engineer's rendering of a formal decision shall be a condition precedent to further dispute resolution actions. Mediation: Any Claim arising out of or related to the Contract may, by mutual agreement between the parties, and after initial decision by the ENGINEER, be subject to mediation. By mutual agreement, the parties may endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Mediation Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Mediation Association. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Arbitration: Any Claim arising out of or related to the Contract shall, after initial decision by ENGINEER, be subject to arbitration. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. A demand for arbitration shall be made within 30 days after the ENGINEER's decision, or within 14 days after the final mediation proceedings, if both parties mutually agree to mediation. Limitation on Consolidation or Joinder. No mediation arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the ENGINEER, the ENGINEER'S employees or consultants, except by written consent containing specific reference to the Agreement and signed by the ENGINEER, OWNER, CONTRACTOR or any other person or entity sought to be joined. No mediation shall include, by consolidation or joinder or any other manner, parties other than the OWNER, CONTRACTOR, and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in mediation. No person or entity other than the OWNER, CONTRACTOR shall be included as an original third party or additional third party to an mediation whose interest or responsibility is insubstantial. Consent to mediation involving an additional person or entity shall not constitute consent to mediation of a Claim not described therein or with a person or entity not SC-11 described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Claims and Timely Assertion of Claims. The party filing a notice of demand for mediation must assert in the demand all Claims then known to that party on which mediation is permitted to be demanded. Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. SC-12 SUMMARY OF WORK 1.0 DESCRIPTION a. The Work_ The major work consists of providing the necessary labor, materials, equipment, supervision, and management to construct approximately 1917 linear feet of four foot widetfour inch thick concrete sidewalk and fifty-two wheelchair ramps. b. The Pr _ Site- The project is located in the City of La Porte, Texas in southeast Hams County, Texas. The City of La Porte may be reached by taking S.H. 225 west to S.H. 146. The project site is located on Harris County Key Map No. 539-R, W. X, No. 578-C. D, and No. 580-P. City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Telephone: 281-471-5020 City of La Porte 604 West.Fa'umont Parkway La Porte, TX 77571 Attention: Robert Alden Cummings Telephone: 281-471-5020 2.0 WORK SEQUENCE Within 10 days from the date of the Notice to Proceed, the Contractor shall submit a construction schedule to the Engineer for approval. The schedule shall be in the form of a Gantt Chart (bar chart) and shall indicate the order in which the work is to be performed. The sequence and interdependence of all major activities must be shown. The schedule shall be drawn to a calendar time scale. The commencement and completion dates for each activity shall be shown, as well as the. duration in calendar days, for each activity. The schedule shall show not only the activities for actual physical construction of the project, but also the activities such as the Contractors submittal of shop drawings and the Engineer's review and approval of the shop drawings. Failure to include any element of work required to complete the project within the scheduled contract time shall not release the Contractor from his obligation to complete the work in accordance with the contract documents. The Contractor shall update the construction schedule monthly to reflect the progress of the work. The updated schedules shall be submitted to the Engineer for approval. Monthly partial payments will be dependent upon submission of an updated construction schedule satisfactory to the Engineer. 01010-1 SUBMITTALS 1.0 PRIOR TO BEGINNING WORK Submit the following items with the signed agreement form as a prerequisite to starting the work. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to be distributed by the Engineer. For structural shop drawings and calculations, provide one (1) extra copy for distribution by the Engineer. The location of information concerning each submittal is referenced. Failure to make any required submittal in acceptable form within the time frame specified may be grounds for withholding payment a. P rPorman e Bond_ Bidding Documents, Contract Forms, Supplementary Conditions. b. I nbor and Material Payment Bond Bidding Documents, Contract Forms, Supplementary Conditions. C. Cprtificate of Insurance_ General and Supplementary Conditions. d. I iqt of Subcontractors- General and Supplementary Conditions. e. Material and Eat m nt LisL Supplementary Conditions and specification sections. f. Constn,r_tion Schedule- General Conditions and as specified in the section on Construction Schedule. 2.0 DURING CONSTRUCTION During the progress of the work make the following submittals in a timely manner to prevent any delay in the work a. Work Schedules- Submit progress schedules monthly as an evidence that the project will be ready for occupancy by the date of substantial completion. Four (4) copies are required. b. ,Shop DraAnac Product Data, and Samples_ Submit, in accordance with the section on Shop Drawings, Product Data and Samples included in the contract documents and specifications (General Requirements). . C. App ication for Payment- Submit applications for partial payment as specified in the General and Supplementary Conditions and within the time specified in the agreement d. hanOP Order Proposal- A proposal for change order may be submitted to the Engineer whenever a need arises. The request must be in writing and must include sufficient information to assess the need for a change in the work, the contract time, or the contract sum. 3.0 PROJECT CLOSEOUT With a written notice of completion submit the following items in the proper form as a condition of final acceptance of the work a. Projeat Record Documents- Submit in accordance with the section on -Project Record Documents included in Division 1, General Requirements. b. Ar,aranteec, Warren i _ and Bends_ As required in the General and Supplementary Conditions and listed in various sections of the specifications. --000-- 01300-1 and resubmission. d. Affix stamp and initials or signature certifying review of submittal. e. Return reviewed submittals to Contractor for distribution. 4.0 PREPARATION REQUIREMENTS 4.1 SHOP DRAWINGS a. Preparation by a qualified detailer is.required. b. For Mechanical and Electrical work use the same sheet size as contract drawings. C. Where necessary for clarity; identify details by reference to sheet and detail numbers on contract drawings. d. Include on the drawing all information required for submission or submit transmittal letter containing required information. e. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to be distributed by the Engineer. For electrical and structural shop drawings, provide one (1) extra copy for distribution by the Engineer. 4.2 PRODUCT DATA a. Modify the manufacturers standard schematic drawings to delete or supplement information as applicable. b. For manufacturers catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other descriptive data: (1) Clearly mark each copy to identify pertinent materials, products, or models. (2) Show dimensions and clearances required. (3) Show performance characteristics and capacities. (4) Show wiring diagram and controls. C. Include on the data all information required for submission or submit transmittal letter containing required information. d. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to be retained by the Engineer. For electrical and structural product data, provide one (1) extra copy for distribution by the Engineer. 4.3 SAMPLES a. Submit office samples of sufficient size and quantity to clearly illustrate: 01340-2 6.0 RESUBMISSION REQUIREMENTS 6.1 SHOP DRAWINGS a. Revise initial drawings as required and resubmit as specified for initial submittal. b. Indicate on drawings any changes which have been made other than those requested by the Engineer. 6.2 PRODUCT DATA AND SAMPLES Submit new data and samples as required for initial submission. 7.0 DISTRIBUTION AFTER REVIEW a. Distribute copies of shop drawings and product data which carry the Engineer's stamp to: (1) Contractor's file (2) Job site file (3) Record document file (4) Other prime contractors (5) Subcontractors (6) Supplier (7) Fabricator b. Distribute samples as directed. After review, samples may be used in construction. --000-- 01340-4 • • G. Promptly notify the Engineer and Contractor of irregularities or deficiencies of work which are observed during performance of services. d. Promptly prepare and distribute reports of inspections and tests as follows: (1) Engineer. Two (2) copies (2) Contractor. One (1) copy e. Include the following information for each test as well as additional data specified in the applicable section: (1) Date of Test (2) Location of Test (3) Specified Standards (4) Test Results (5) Remarks 2.3 LIMITS OF AUTHORITY The laboratory is not authorized to: a. Release, revoke, alter, or enlarge on requirements of the contract documents. b. Approve or accept any portion of the work. C. Perform any duties of the Contractor. 3.0 CONTRACTOR'S RESPONSIBILITIES a. Cooperate with laboratory personnel, provide access to the work, or to manufacturer's operations. b. Provide to laboratory, preliminary representative samples of materials to be tested, in required quantities. C. Furnish labor and equipment: (1) To provide access to the work to be tested. (2) To obtain and handle samples at the site. (3) To facilitate inspections and tests. (4) For laboratory's exclusive use for storage and curing of test samples. d. Notify the laboratory at least 48 hours in advance of operations to allow for his assignment of personnel and scheduling of tests. e. Arrange with the laboratory and pay for'additional samples and tests required for the Contractor's convenience. --000-- 01410-2 results of such meetings. 9 Advise the g Engineer in advance of the schedules of tests and observe that tests at the project site, which are required by the contract documents, are actually conducted. Observe, record, and report .to the Engineer all details relative to the test procedure. h. If inspectors representing local, state, or federal agencies having jurisdiction over the project visit the site, accompany such inspectors during their trips through the project Record and report to the Engineers office the results of these inspections. i I. Receive samples, which are required, -to be fumished at the site; record date received, from whom, i and notify the Engineer of their readiness for examination; record Engineers approval or rejection; and maintain custody of approved samples. j• Review applications for payment submitted by the Contractor and forward them with I recommendations to the Engineer for disposition. k. After substantial completion, check each incomplete or defective item as it is corrected. 1. If a situation arises during construction which requires that work be rejected, report such situation immediately to the Engineer. m. - The field project representative shall not (1) Authorize deviations from the contract'documents. (2). Personally conduct any tests. (3) Enter into the area of responsibility of the Contractors superintendent (4) Expedite the work for the Contractor. 5 Advise on or issue directions relative to any aspect of construction means, methods, () techniques, sequences or procedures, or for safety precautions and programs in connection with the work. (6) Authorize or suggest that the Owner occupy the project, in whole or in part, prior to substantial completion. (7) Issue a recommendation for payment --000-- 01420-2 • • CLEANING AND ADJUSTING 1.0 GENERAL 1.1 RESPONSIBILITY a. The Contractor is responsible for cleaning and adjusting the work. If the Contractor fails to clean and adjust the work, the Owner may do so and charge the resulting costs to the Contractor. If the Contractor fails to pay the resulting costs, then the Contractor agrees that Contractor's bonds may be seized for compensation. b. Detailed cleaning and adjusting requirements for specific trades or work are specified in sections pertaining to that trade or work. 1.2 REQUIREMENTS OF REGULATORY AGENCIES a. Fire Protection_ Store volatile waste in covered metal containers and remove from premises daily. b. Pollution Control Conduct cleaning and disposal operations in compliance with local ordinances and antipollution laws. (1) Burning or burying of rubbish and materials on the project site is permitted, provided all local, state, and federal regulations are complied with. (2) Disposal of volatile fluid wastes and other chemical wastes in storm or sanitary sewer systems or into streams or waterways is not permitted. C. a�Standards. Maintain the project in accordance with safety and insurance standards. 2.0 PRODUCTS Use only cleaning materials recommended by the manufacturer of the surface to be cleaned. Employ cleaning materials as recommended by the cleaning material manufacturer. 3.0 EXECUTION 3.1 DURING CONSTRUCTION a. Oversee cleaning and insure that the premises are maintained free from accumulations of waste material and rubbish. Do not allow waste materials, rubbish, and debris to accumulate and become unsightly or create a hazard. Provide containers -and locate on site for collection of waste material, rubbish and debris. b. At reasonable intervals during progress of the work, collect and dispose of waste material, rubbish, and debris. Handle waste in a controlled manner. Do not drop or throw materials from heights. 3.2 FINAL CLEANING AND ADJUSTING a. Use experienced workmen or professional cleaners for final cleaning. 01710-1 PROJECT RECORD DOCUMENTS 1.0 GENERAL Prepare and maintain record documents for the project to accurately reflect the construction as built. Documents must be submitted at work completion as a condition of final acceptance. ; i 2.0 MAINTENANCE OF RECORD DOCUMENTS I a. Maintain at the job site, one (1) copy of: (1) Contract drawings (2) Complete set of specifications (3) Addenda I (4) Reviewed shop drawings 5 Change orders and field -orders (6) Other contract modifications (7) Field test records (8) Correspondence b. Store record documents in an- approved location apart from documents used for construction. Do not use record documents for construction purposes. Provide files and racks for orderly storage. Maintain documents in clean, dry, legible condition. Make documents available at all times for . inspection by the Engineer. 3.0 MARKING DEVICES I Mark all changes with red pencil. 4.0 RECORDING a. Keep record documents current Do not permanently conceal any work until required information has been recorded. b. Label each document "PROJECT RECORD" in two-inch (2") high printed letters. Legibly mark contract drawings to record actual construction: (1) Depths of various elements of foundation in relation to survey data. (2) Horizontal and vertical location of underground and underslab utilities and appurtenances ; referenced to permanent surface improvements. (3) Location of internal' utility and appurtenances referenced to permanent surface 01720-1 0 • TECHNICAL SPECIFICATIONS . CLP Project No. 2002-4503 ITEM I REMOVING EXISTING CONCRETE SIDEWALK AND CURB 1. 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. Al broken concrete removed shall become the property of the Contractor, and any disposal shall be considered incidental to the pay item. 3.2 Full depth saw cut will be measured by linear feet as cut. 4. PAYMENT 4.1 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 unitprice bid per linear feet. All saw cut shall be made to the full depth of materials that are required to be cut. This shall include all existing curb to be removed for handicap ramps. 1-1 • TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM 11 FOUR FOOT CONCRETE SIDEWALK REPLACEMENT DESCRIPTION 1.1 This section covers the furnishing of all equipment, superintendence, I abor, and materials necessary in construction of concrete sidewalks including handicap ramps in accordance with the plans and specifications. 2. . MATERIALS 2.1 Concrete shall conform with requirements specified in Technical Specification "Concrete for Structures". 2.2 An approved type of commercial pre -molded expansion joint (3/4" thick) or redwood (1" thick) shall be placed. 2.3 Reinforcing steel shall be #3 bars at 18" O/C each way or #4 @ 24" O.C. E.W. 2.4 Cushion sand shall be clean and well graded and free of clay and humus material. 3. CONSTRUCTION METHODS 3.1 Stripping: All grass and humus material shall be stripped and removed from the area of the sidewalk. 3.2 Grading: After stripping and removing of grass, humus material, and tree roots, any soft or otherwise unsuitable material within the sidewalk area shall be removed and replaced with approved fill materials and compacted. The grade shall then be brought up to the bottom of the proposed level of the sidewalk with a maximum of four inches (4") of bank sand fill. 3.3 Forms: The sidewalk shall be formed and braced with forms of wood or metal, straight, free from warp and of a nominal depth of four inches (4") prior to pouring of concrete. The forms shall be braced so that no horizontal or vertical displacement occurs during the concrete pour or during the period for curing. 3.4 Expansion joints shall have a maximum spacing of thirty feet (30') between joints or as shown on the plans and according to this specifications or as directed by the Owner's Representative. Expansion joints shall be required where all sidewalks intersect with existing driveways, existing roadway pavement, and at all saw cuts locations unless otherwise directed by the Engineer. In locations where the new concrete is to tie to existing concrete, the old expansion joint material shall be removed and replaced with new expansion joints. 3.5 During the placing of the concrete, the reinforcement shall be held in a position parallel with the surface plane of the sidewalk as shown on the plans or as called for in the specifications by the use of plastic chairs or other methods approved by the engineer. 3.6 The concrete surface shall have a rough, non-skid type finish. The concrete surface shall be free of any graffiti or writings. It shall be the contractor's responsibility to protect the freshly poured concrete and finish on the surface a sufficient length of time to allow the concrete to 2-1 set up. Any concrete with graffiti and/or writing shall not be accepted and shall be removed and replaced by the contractor at no cost to the owner. 3.7 The dummy groove joint shall be edged in the surface of the concrete at every six foot (6') intervals. 3.8 The outer edge and joints shall be troweled to give a smooth surface and rounded to a 1/4 inch radii. 4. CURING 4.1 After the concrete has obtained a final set, the concrete surface shall be sprayed with membrane curing compound to protect it against loss of moisture for a period of not less than 72 hours from the beginning of curing operations. 4.2 Failure to provide the proper curing or other failures to comply with curing requirements shall be cause for immediate suspension of concreting operations. 5. CYLINDER OR BEAM TESTS 5.1 During work progress, the Owner, at his discretion, shall provide all cylinders or beam tests as specified herein. The laboratory testing and services shall be provided by the Owner. The Owner does h ereby reserve the right to collect all cylinder samples himself, if desired, and deliver same to the testing laboratory approved to perform the tests prior to the placement of concrete. The tests will be performed to maintain a check on the compressive or flexural strength of the concrete that is actually placed. The test shall be defined as the average of the breaking of three cylinders or two beams as the case may be. Test beam or cylinder specimens shall be required for each 167.5 cubic yards, or a portion thereof, placed each day. For smaller concrete placements, the Owner's Representative may vary the test specimens to 25 cubic yard placements, over a several day period. Cylinders or beam specimens shall be placed, covered and stored in curing water tanks at temperatures between 70 degrees F. and 90 degrees F., until transported to the testing laboratory. The test specimens shall be cured in accordance with THD Bulletin C-11. 6. PROTECTION OF SIDEWALK 6.1 The contractor shall erect and maintain the barricades required by the plans and/or the specifications, or such other standard barricades and approved devices as will exclude public traffic and traffic of his employees and agents from the newly placed sidewalk. All barricades shall remain in place until such time as the concrete has cured sufficiently to a point where it is safe to be used by the public and not be damaged by that use. Barricades shall not be removed until all form materials, surplus wood and steel or any other surplus materials have been removed from the site to provide for the safety of the public. All areas adjacent to sidewalks where 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. P�� 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. 2-3 • 0 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM III CONCRETE CONSTRUCTION FOR STRUCTURES 1.0 GENERAL 1.1 SCOPE This section covers the work to be performed in the construction of storm sewer inlets, manholes and miscellaneous concrete items. 1.2 RELATED WORK a. Division 2. Site Work. (1) Storm Sewers (2) Concrete Drainage Structures (3) Manholes (4) Water Distribution Mains 2.0 PRODUCTS 2.1 MATERIALS a. Cement. (1) Type. ASTM C-150, Type I unless authorized to be Type III. (2) Reguirements. ASTM Specifications for weight variations and length of storage. Use no caked cement. Deliver in bags for site -mixed concrete. Use only one (1) brand of cement in any one (1) structure. b. Water. Clean and free from injurious amount of oils, acids, alkalis, or other deleterious substances. C. Coarse Aggregate. ASTM C-33. Unless otherwise specified, use standard size form No. 4 to 1 %r inch (l Y2") and modify only in accordance with the following requirements. Not larger than 1/5 of narrowest dimension between sides of forms, nor larger than % of the minimum clear spacing between reinforcing bars. d. Fine Aggregate. ASTM C-33. e. Air -Entraining Admixtures. ASTM C-260. 3-1 • 0 f. Reinforcing Steel. (1) Bars. All bars except No. 3 bars shall meet ASTM A-615-72, new billet steel, grade 60, manufactured by the open hearth process, unless otherwise shown or specified. When placed in work, bars shall be free from dirt, scale, rust, paint, oil or other injurious materials. No. 3 bars shall be grade 40 steel. (2) Bars to be Field Bent. Bars to be bent in the field must be grade 40. (3) Welded Wire Fabric. Welded wire fabric is not allowed on this project. (4) Furnish manufacturer's certificates giving properties of steel and specimens, free of cost, for testing when required. g. Curing. Liquid membrane forming compounds for curing concrete shall be Type 2 white pigmented conforming to ASTM Designation C-309. 2.2 STORAGE OF MATERIALS a. Cement. Store off ground in a well ventilated weatherproof building. b. Aggregate. Prevent admixture of foreign materials and aggregate, and preserve gradation. C. Reinforcing Steel. Store in such manner that it is protected from mechanical injury and surface deterioration caused by exposure to conditions producing rust. 2.3 CONCRETE Use either ready -mixed concrete (ASTM C-94) or site -mixed concrete. 2.4 MEASUREMENT OF MATERIALS a. Measure materials by weight.. _ b. Water may be measured by volume. C. Cement may be measured by bag. One (1) bag weighs 94 pounds. 2.5 CLASSIFICATION AND PROPORTIONING a. Proportioning. Concrete materials will be proportioned on basis of maximum water -cement ratio and minimum strength allowable with limits set on minimum cement content. Cement content shall be increased above minimum, without additional cost to Owner, if at any time the type, gradation, or s ize o f a ggregate b eing s upplied r equires t hat a xtra c ement b e a dded t o m eet s trength a nd workability requirements. 3-2 b. Classification. Minimum Maximum Compressive Water Strength Content Minimum Consistency (Pounds Per Per Bag Cement Range in Square Inch) of Cement (Bags per Slump Class Twe 7-Dav 28-Day Gal. Cubic Yard Inch A Structural 2000 3000 6.25 5.0 2 to 5 B Pipe Blocking Fill --- 1500 8.00 4.0 3 to 5 (1) Include a maximum water, free water in aggregate minus absorption of aggregate based on a 30 minute absorption period. (2) Use minimum of 6.5 bags of cement per cubic yard of concrete if concrete is to be placed under water. C. Consistency. Use concrete with consistency that can be worked readily into corners and around reinforcing steel without segregation of materials or having free water collect on surface. Proportions will be changed if satisfactory mix is not being obtained. d. Air Content. Approximately three percent (3%) is required, unless otherwise specified. Determine In accordance with approved ASTM standard method. e. Chances in Mixes. Engineer will make changes in proportions or materials, or both, necessary to secure desired concrete properties, subject to above limitations. Should Contractor desire to make changes in materials, gradation, or proportions of mixture, or use special concrete additives, obtain prior approval. 2.6 QUALITY OF CONCRETE a. Field Tests. Test cylinders or beams will be made in numbers required to maintain check on strength of concrete. Provide and maintain curing facilities as required in ASTM C-31. Moisture tests of aggregate will be made at sufficient intervals for accurate batching and proportioning. b. Applicable Standards. ASTM Standards for sampling and testing. C. Tests on Hich-Early Strength Cement. Normal Portland cement seven-day (7) and 28-day tests and minimum strengths required at three (3) to seven (7) days. d. Failure to Meet Specifications. Should seven-day (7) or three-day (3) test strengths, as applicable for type of cement being used, fail to meet established strength standards, Owner may require extended curing or resumed curing on these portions of structure represented by test specimens. Should additional curing fail to give required strength, Owner may require, at Contractor's expense, strengthening or replacement of portions of structure which fail to develop required strength. Use ASTM C-42 for test cores. 3-3 • 0 3.0 EXECUTION 3.1 MIXING CONDITIONS a. General. Mix concrete in quantities required for immediate use, and place concrete within one (1) hour after start of mixing, except as otherwise authorized. Clock -stamp delivery ticket of all batches with time of mixing, at ready -mix plant. When adverse weather conditions affect quality of concrete, work shall be postponed. b. Cold Weather. Unless prior approval is obtained, do not mix concrete when air temperature is at or below 40❑F (taken in shade away from artificial heat) and failing. Concrete may be mixed when temperature is 350F and rising. If authorized for placement during cold weather, place concrete in accordance with PCA Design and Control of Concrete Mixtures." Protect concrete from temperatures below 320F until it has cured for minimum of three days (3) at 70❑F or five days (5) at 500F. Remove and replace unsatisfactory concrete. 3.2 MIXING AND MIXING EQUIPMENT a. Mixer. Use approved type and size, and do not load beyond manufacturer's rated capacity. b. Mixing Time. Minimum of I%Z minutes after materials are placed in mixer. Increasing mixing time 15 seconds for each %: yard increase -in mixer capacity over one (1) cubic yard size. C. Batch Material Control. Maintain positive batch control, accurate to within one percent (1%). d. Operation and Maintenance of Eguipment. Clean, maintain, and operate equipment such that it is at all times capable of thoroughly mixing materials as required. e. Hand Mixing. Only when approved by Engineer. 3.3 FORMS a. General. P rovide m ortar-tight f orms sufficient i n s trength t o prevent bulging b etween s upports. Set and maintain forms to lines designated. Construct forms to permit removal without damage to concrete. Forms may be given slight draft to permit ease of removal. Provide adequate clean -out openings and before placing concrete, remove extraneous matter from within forms. b. Design Loads for Forms and Falsework. Use fluid pressure of 150 pounds per cubic foot and live load of 50 pounds per square foot on horizontal surfaces with maximum unit stresses of 125 percent (125%) of allowable stresses used for design of structures. C. Material. (1) General Form Lumber. Use seasoned lumber of good quality, free from loose or unsound knots, knot holes, twists, ' shakes, decay and other imperfections which would affect its strength or impair finished surface of concrete. Use S4S lumber for facing or sheathing. Use nominal two-inch (2") lumber as minimum thickness for forms for bottoms of caps, or'/.- inch (3/4") form plywood backed adequately to prevent misalignment. Provide lumber of nominal one -inch (1") thickness or form plywood of approved thickness for general use and back by sufficient number of studs and wales. 3-4 • 0 (2) Lining - Rub -Finish Surfaces. Provide form surfaces or form lining surfaces free of irregularities for exposed concrete faces which are to be given rubbed finish. Use plywood for form lining made with waterproof adhesive of (Y,") minimum thickness, preferably oiled at mill, and then re -oiled or lacquered on job before using. Facing may be constructed of 3/4-inch ('/.") plywood made with waterproof adhesive backed by adequate studs and wales, and in which case, form lining will not be required. Provide rubbed finishes where indicated on drawings. (3) Special Form Lumber. Make molding for chamfer strips, or other uses, of redwood, cypress, or pine of quality that will not split when nailed and which can be maintained to true line. Use mill -cut molding dressed on all faces. Unless otherwise provided, fillet forms at sharp comers and edges with triangular chamfer strips,'/. -inch (3/.") measured on sides. d. Form Ties. Use metal form ties of approved type to hold forms in place. Do not use wire ties or snap ties.. Remove form ties to depth of at least 3/4-inch (%") from surface of concrete. Form tie holes shall be not larger than Y-inch (Y8 ") diameter. Do not burn off ties. Do not use pipe spreaders. Remove spreaders which are separate from forms as concrete is being placed. e. Wetting and Oiling Forms. Treat facing of forms with approved form oil before concrete is placed. When so directed,. treat both sides of face forms with oil. Apply oil before reinforcement is placed. In g eneral, wet s urfaces for f orms w hich will c ome i n c ontact with c oncrete i mmediately before concrete is placed. f. * Metal Forms. Applicable provisions of foregoing specifications for "Forms" apply equally to metal forms. Countersink bolt a nd rivet heads - on facing sides. U se only metal forms which present smooth surface and line up properly. Keep metal free from rust, grease or other foreign material that will tend to disfigure or discolor concrete. Metal pan forms shall be clean and in good condition, free from dents and rust. Gage and condition of pans shall be such that they will support without significant distortion, concrete and construction loads. 3.4 FALSEWORK a. General. Provide rigid false work having no excessive settlement or deformation. d. Design Loads. Use 150 pounds per cubic foot for concrete, and live load of 50 pounds per square foot of horizontal surface of form work with maximum unit stresses of 125 percent (125%) of allowable stresses used for design of structures. C. Materials. Use sound timber in false work centering. Use hardwood timber for wedges. 3.5 PLACING REINFORCEMENT a. Placing. The reinforcing steel shall be accurately placed and adequately secured in position in the forms. Maintain in place by approved chairs and spacers. No bar tie "pigtail" shall extend more than 38 -inches past the outside face of the bar. All reinforcing steel shall be inspected and approved by the Engineer before placing of concrete. b. Bar Spacing and Cover. Minimum spacing center to center of parallel bars shall be 2 %: t Imes nominal diameter of bar but in no case shall clear distance between bars be less than I%: times 3-5 0 • maximum size of coarse aggregate. Where not otherwise shown on drawings, minimum cover measured from surface of concrete to face of reinforcing bar shall be three -inches (3"). C. Bending. Field bend steel only with prior approval of the Engineer. Bend reinforcing steel at required shapes while steel is cold. Excessive irregularities in bending will be cause for rejection. Detail bars in accordance with ACI-315-87. Bars to be field bent, must be grade 40. Under no circumstances may bars be bent and then re -bent. d. Splices. Splicing of bars except where shown will not be permitted without written approval. Approved bar bending schedules or placing drawings constitute written approval. Splice bars with lap of at least 36 times diameter of reinforcement. Stagger splices or else locate at points of low tensile stress. 3.6 CONSTRUCTION JOINTS a. General. Contact surface between plastic concrete and concrete that has attained initial set is a "construction joint" "Monolithic" means manner of concrete placing which prevents construction joints. Joints other than those indicated, are not permitted without written authorization. Where authorized, make additional construction joints with details equivalent to those for joints in similar locations. b. Construction. Make surface of concrete previous .placed rough with some aggregate particles exposed. Remove loose materials, wash and scrub clean with stiff brooms, and keep wet several hours prior to placing of plastic concrete. Immediately prior to placing of concrete on horizontal surfaces, slush surface with coating of mortar. Where possible., apply mortar on previously placed vertical surfaces by brushing and -work mortar into irregularities of surface. Form keyways so as to permit easy removal of forms without damaging concrete. 3.7 PLACING CONCRETE a. General. Give advance notice to permit inspection of forms, reinforcing steel, preparations for placing of concrete. Place no concrete prior to approval. Regulate concrete placing so as to permit completion of finishing operations in daylight hours. However, if necessary to continue after daylight hours, light site as directed. If rainfall occurs after placing operations are started, provide covering to protect work. b. Handling and Transporting. Arrange and use metal or metal lined chutes, troughs and pipes in placing concrete so that ingredients of concrete will not be separated. Use concrete having maximum slump of three -inches (3") if deposited by chutes and/or troughs. Discharge troughs and chutes either vertically down inside of forms or into pocket outside of forms from which it can flow through holes left in forms. Keep chutes, troughs and pipe clean and free from coatings of hardened concrete. 'Use of chutes in excess of 35-foot (35') total length, by speck authorization only. C. Depositing. Limit free fall of concrete to four -feet (4'). Use tremies for placing concrete in walls, and similar placement. Do not deposit large quantities of concrete at one point in forms such that it requires running or working it along forms. Do not jar forms after concrete has taken initial set, or place any strain on projecting reinforcement or anchor bolts. Make tremies in sections, or provide in several lengths, so that outlet may be adjusted to proper heights during placing operations. Place concrete in continuous horizontal layers approximately 12-inch (12") thickness. Place each 3-6 layer while layer below is still soft, and unless otherwise specified, let not more than one (1) hour elapse between placing of successive layers in continuous placement. d. Consolidation. Compact each layer of concrete with concrete spading implements and mechanical vibrators of approved type. Use vibrators of type which operates by attachment to forms only when immersion type vibrators cannot be used. Apply vibrators to concrete immediately after depositing, and move through layer of concrete just placed and several inches into plastic layer below. Do not penetrate or disturb layers previously placed which have partially set, and do not use vibrators to aid flow of concrete laterally. 3.8 CURING a. General. Curing shall be accomplished by preventing loss of moisture, rapid temperature change and mechanical i njury for a period of seven (7) curing days w hen n ormal Portland cement has been used and for three (3) curing days when high -early -strength Portland cement has been used. Curing shall be started as soon as free water has disappeared from the surface of the concrete after placing and finishing. b. Form -Finish. Formed surfaces not requiring rub -finished surfaces shall be cured by leaving forms in place for the full curing period. C. Rub -Finish. Formed surfaces requiring rub -finished surfaces shall be cured by leaving forms in place for a minimum number of curing days as follows: Vertical surfaces - two (2) full curing days. Underside of sidewalk - four (4) full curing days. After rub -finish operations are complete, formed surfaces shall be cured by using moist cotton mats until normal curing period is complete. d. Unformed Surfaces. Cure by membrane curing compound method. (1) After concrete has received final finish and surplus water sheen has disappeared, seal surface with a single uniform coating of approved curing compound applied at rate of coverage recommended by manufacturer and as directed by Engineer, but not less than one (1) gallon per 180 square feet of area. Provide satisfactory means and facilities to properly control and check rate of application of compound. (2) Thoroughly agitate compound during use and apply by means of approved mechanical power pressure sprayers, equipped with satisfactory atomizing nozzles, except that for application o n s mall m iscellaneous i tems, h and p owered s pray equipment m ay be used. For all spraying equipment, prevent loss of compound between nozzle and concrete surface during spraying operations. (3) Do not apply compound to a dry surface. If surface of concrete has become dry, thoroughly moisten immediately previous to application. At locations where coating shows discontinuities, pin holes or other defects, or if rain falls on newly coated surface before film has dried sufficiently to resist damage, apply an additional coat of compound immediately, at same rate.of coverage specified herein. 3-7 0 • 3.9 REMOVAL OF FORMS AND FALSEWORK Forms may be removed after 24 hours or when the concrete has sufficiently set-up, whichever is greater. The Contractor shall insure that no deformation of the proposed structural shapes occurs because of early removal -of forms. This may be accomplished by use of temporary bracing during the curing time. A "Curing Day" is any calendar day on which temperature is above 50OF for at least 19 hours. Colder days may be counted if air temperature adjacent to concrete is maintained above 500F. In continued cold weather, when artificial heat is not provided, removal of forms and false work may be permitted at end of period of calendar days equal to twice the number of curing days stated as above. 3.10 DEFECTIVE WORK Immediately repair any defective work discovered after forms have been removed. if surface of concrete is bulged, uneven, or shows excess honeycombing or form marks, which cannot be repaired satisfactorily, remove and replace entire section. 3.11 FINISHING a. General. Immediately repair any defective work discovered after forms have been removed. If surface of concrete is bulged, uneven, or shows excess honeycombing or form marks, which cannot be repaired satisfactorily, remove and replace entire section. b. Patching. Patch s light h oneycomb, m !nor d efects a nd f orm t ie h oles in c oncrete s urfaces with cement mortar mixed one (1) part cement to two (2) parts fine aggregate, unless otherwise directed. Repair by cutting out unsatisfactory material and replacing it with new concrete, securely keyed and bonded to old concrete and finish so as to make joints as inconspicuous as possible. Use stiff mixture and thoroughly tamp into place. After patch has stiffened sufficiently to allow for greatest portion of shrinkage, strike off mortar flush with surface. C. Rub -Finish. (1) Rub -Finish all exposed surfaces of formed concrete structures except as noted below. After pointing has set sufficiently, wet surface with brush and give first surface rubbing with No. 16 carborundum s tone o r equal. R ub s ufficiently ' to bring s urface t o p aste, f o r emove f orm marks and projections, and to produce smooth, dense surface. Add no cement to form surface paste. Spread or brush materials, which has been ground to paste, uniformly over surface and allow to take reset. In general, do not rub chamfered comers in first surface rubbing. In preparation for final acceptance, clean surfaces and give final finish rubbing with No. 30 carborundum stone or equal. After rubbing, strip surface with brush and allow mortar on surface to take reset; then wash surface with clean water. Leave structure with clean, neat and uniform appearing finish. d. Float -Finish. Concrete slabs shall receive a wood float finish. --000-- 3-8 TECHNICAL SPECIFICATIONS CLP Project No. 20024503 ITEM IV UNDERMINED SIDEWALK POINT REPAIRS 1. DESCRIPTION 1.1 This item shall govern all excavation and backfilling of areas under or around existing sidewalks that have voids created by storm sewer lines, sanitary sewer lines, manholes, or inlets that have cracks or openings allowing materials under the sidewalk to be washed and carried away. It shall govern the furnishing of all equipment, supervision, labor, and materials to perform the repairs as specified. 2. MATERIALS 2.1 Materials shall consist of cement -stabilized sand as specified under the specifications Item 9. 3. CONSTRUCTION METHODS 3.1 The existing concrete sidewalk shall be removed in accordance with the specification Item 1. After the sidewalk is removed, the Owner's Representative shall inspect the site to determine the extent and cause for the , voids. Based on the inspection, the Owner's Representative may instruct the contractor to just add cement stabilized sand in the void and compact it in an approved manner or he shall instruct the contractor as to the size, location, and depth of any required excavation in order to allow the placement and compaction of the cement stabilized sand. The size, location, depth, and estimated volume of excavation shall be agreed upon by the Contractor and the Owner prior to proceeding with the repair. The normal width of any excavation of material down along. side of any pipe or manhole shall be maintained as near as possible to a width of 12 inches. The maximum depth for the excavation shall not exceed 6 feet in depth a s m easured f rom t he t op of t he existing n atural g round. Al excavated material s hall b e removed and disposed of as per the Owner's instructions. 3.2 If in the opinion of the Owner's Representative, more extensive repairs are warranted; the Owner shall have the option of making the additional repairs with City personnel or negotiating with t he C ontractor f or t he a dditional r epairs. A II a dditional work c ontemplated other than that described under section 3.1 shall only be done by Change Order. 4. MEASUREMENT 4.1 Excavation and removal of existing soil materials and compaction of cement stabilized sand shall be measured in cubic yards based on the amount of agreed excavation as specified in Section 3.1. Cement stabilized sand shall be measured as specified under cement stabilized sand. 5. PAYMENT 5.1 Excavation and removal of existing soil materials and compaction of cement stabilized sand shall be paid for by the cubic yard of excavated material as measured and agreed upon by the Owner and Contractor as specified in Section 3.1 and based on the unit price bid for this item. 4-1 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM V ADJUSTMENT OF METER BOXES, VALVE BOXES, AND MANHOLE RINGS AND COVER DESCRIPTION 1.1 This section shall govern the a djustment of meter boxes, valve boxes, manhole rings and covers, etc. to the proposed finished grade of roadway paving, sidewalks, parking lots, or other paved surfaces as indicated on the plans or, in the opinion of the Owner's Representative, requiring an adjustment. The work covered in this section consists of furnishing all plant equipment, labor, materials, and performance of all operations for the required adjustments. 2. CONSTRUCTION METHODS 2.1 After the existing pavement is removed, the existing water meter box, valve box, or manhole ring and cover shall be excavated around in a sufficient manner to allow for the required adjustment in grade. The adjustment of water meter boxes and valve boxes shall be made without adjustment in grade on the water line or service lines. if, in the opinion of the Owner's Representative, an adjustment in the service line or system line is required, he may direct the contractor to do so under extra work items or the work may be performed by City of La Porte personnel. The adjustment of manhole rings and covers shall be accomplished by removal or addition of materials necessary to bring the top to grade and may be poured as an integral part of the proposed pavement. 3. MEASUREMENT 3.1 The adjustment of the water meter boxes, valve boxes, and manhole rings and covers shall be measured by each. 4. PAYMENT 4.1 Payment for complete adjustment of water meter boxes, valve boxes, and manhole rings and covers will be made at the unit price bid for each. 5-1 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM VI CONCRETE DRIVEWAY REPLACEMENT DESCRIPTION 1.1 This section covers the furnishing of all material and construction of concrete driveways in accordance with the drawings and these specifications. 2. MATERIALS 2.1 Concrete shall conform"with requirements specified in the specification "Concrete Pavement Water Cement Ratio". The concrete shall be 5 sacks per cubic yard. 3. CONSTRUCTION METHOD 3.1 Stripping: All grass and humus material shall be stripped and removed from the area of the driveways. 3.2 Grading: After stripping and removing of grass and humus material, any soft or otherwise unsuitable material within the sidewalk area shall be removed and replaced with approved fill materials and compacted to a depth of four inches (4"). 3.3 Forms: The driveways shall be formed and braced with suitable material prior to pouring of concrete. 3.4 Concrete shall not be placed when the temperature is below 40 degrees F. and falling, but may be placed when the temperature is 35 degrees F. and rising, the temperature shall be taken in the shade and away from artificial. heat. 3.5 Concrete shall not be placed before time of sunrise, and shall not be placed later than will permit the finishing of the pavement during sufficient natural light. 3.6 Workers will not be permitted to walk in the concrete with earth or foreign material on their boots or shoes. Repeated failure to clean their boots or shoes when walking in the concrete shall be deemed sufficient cause for removing or replacing such workers. 3.7 Any concrete not placed as herein prescribed within thirty (30) minutes after mixing, shall be rejected and disposed of as directed by the Owner's Representative. 3.8 Concrete shall be distributed to such a depth that when consolidated and finished, the slab thickness required by plans will be obtained at all points and the surface shall not, at any Point, be below the established grade. Special care shall be exercised in placing and spading concrete against forms at all joints to prevent the forming of honeycombs or voids. 4. FINISHING 4.1 Hand Finishing: The concrete shall be struck off with an approved strike -off screed to such an elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitudinal motion in the direction the work is progressing, maintaining the template in contact with the forms and maintaining a slight excess of material in front of the cutting edge. The 6-1 concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly, and eliminate surface voids, and the surface screeded to required section. 4.2 After completion of a strike -off, consolidation, and transverse screeding, hand - operated I ongitudinal float s hall b e operated to test and I evel the surface to the required grade. Workers shall operate the float from approved bridge riding on the forms and spanning the pavement. The longitudinal float shall be operated with short longitudinal strokes while being passed from one side of the pavement to the other. 5. CURING 5.1 Immediately after finishing operations have been completed, the entire surface of the newly laid concrete shall be covered and cured in accordance with the THD Specifications, Item 360.9. 5.2 Failure to provide sufficient cover material of the type the contractor elects to use, failure to maintain saturation in wet curing methods, lack of water to adequately take care of both curing and other requirements, or other failure to comply with curing requirements shall be cause for immediate suspension of concreting operations. 6. PROTECTION OF CONCRETE DRIVEWAYS 6.1 The contractor shall erect and maintain the barricades required by the plans and such other standard barricades and approved devices as will exclude the use of the driveway for a period of time as directed by the Owner's Representative. 7. OPENING DRIVEWAY TO OWNER 7.1 The driveway shall be dosed to all traffic vehicles until the concrete is at least two (2) days old. This period of closure to all traffic may be extended, if in the opinion of the Owner's Representative, whether or not conditions make it advisable to provide an extension of the time of protection. 7.2 The Owner's Representative may require the opening of the driveway to traffic prior to the minimum time specified above under conditions of emergency which, in his opinion, require such action in the interest of the public or homeowner. 8. MEASUREMENT 8.1 Concrete driveways will be measured for payment by the square yard of surface area of completed and accepted work. 9. PAYMENT 9.1 Concrete driveways will be measured as provided under "Measurement' and will be paid for at the unit price bid per square yard of completed and accepted work, which price shall be full compensation for excavation and fine grading the driveway, including furnishing and installing sand cushion, all reinforcing steel, hauling and handling all concrete ingredients, mixing and placing concrete, finishing, curing, cleaning, and sealing joints; and placing longitudinal, reinforcing steel and all incidentals necessary to complete the work. 6-2 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM VII BANK SAND 1. DESCRIPTION 1.1 The work covered by this section consists of furnishing all plant equipment, labor, materials, and performance of all operations for placement of sand used as a cushion for sidewalks, driveways and wheelchair ramps, as well as extra sand ordered by the Engineer. 2. MATERIALS 2.1 Sand: The sand shall be a river sand free from roots and other objectionable matter. 3. CONSTRUCTION METHODS 3.1 Sand shall be placed, as directed by the Owner, in not more than four (4) inch layers, loose measured and compacted with mechanical tamps or other approved equipment. 4. MEASUREMENT 4.1 Sand ordered by the Engineer will be measured by the cubic yard based on delivery haul tickets which shall be provided to the Owner's representative on the day of the delivery. The sand tickets shall be subject to inspection and verification by determining the load capacity of the delivery vehicle(s). Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental to the work, and will not be measured separately. 5. PAYMENT 5.1 Sand ordered by the Engineer will be paid by the unit price bid per cubic yard. Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental to the work, and payment is included in the unit cost for each of these items. 7-1 TECHNICAL SPECIFICATION CLP •Project No. 2002.4503 ITEM Vill SODDING PART 1 - GENERAL 1.01 Description A. Scope: Furnish plants, materials, labor, equipment and appliances, and perform all operations in connection with the planting of sod within the areas designated on the PLANS for the purpose of surface stabilization, channel stabilization and/or vegetation buffer strips. B. Related work as called for on PLANS as specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 Quality Assurance The following documents, used as standards, are to be considered a part of these specifications. 1. American Joint Committee on Horticultural Nomenclature, "Standardized Plant Names," Second Edition, 1942. 2. American Association of Nurserymen, Inc. "American Standard for Nursery Stock." PART 2 -.PRODUCTS 2.01 Materials A. Sod: Certified grade cultivated St. Augustine grass sod; with strong, fibrous root system; free from stones and burned or bare spots. B. Topsoil: Fertile, agricultural soil typical of locality and capable of sustaining vigorous plant growth; from well drained site that is free of flooding; free from admixture of subsoil, slag or clay, stones, lumps,_ live plants and their roots, sticks and other extraneous matter; pH value of minimum 5.4 and maximum 7.0. Use topsoil excavated from site only if conforming to specified requirements. C. Fertilizer: Commercial type conforming to FS 0-F-241, Type 1, Grade A recommended for grass, with fifty percent of the elements derived from organic sources; of proportion necessary to eliminate any deficiencies of topsoil as indicated in analysis. D. Wooden Pegs: Of sufficient size and length to ensure satisfactory anchorage of sod on slope in excess of 2:1. E. Roll Lite Erosion Control Mulching Fabric as manufactured by Gulf States Paper Corporation or equal. F. Water: C lean, f resh, a nd f ree of s ubstances o r m after which would inhibit vigorous growth of grass. PART 3 - EXECUTION 3.01 General A. Provide erosion and sedimentation control systems at the locations shown on PLANS. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on PLANS and set out in this Item. 8-1 B. Inspect and repair or replace components of all erosion and sedimentation control systems as specified for each type of system. Unless otherwise directed, maintain the erosion and sedimentation control systems until the project is accepted by the Owner. C. Remove and dispose of sediment deposits at the project spoil site. If a project spoil site is not designated on PLANS, dispose of sediment offsite at location not in or adjacent to stream or floodplain. Sediment to be placed at the project site should be spread, compacted and stabilized in accordance with the Owner's directions. Sediment shall not be allowed to flush into stream or drainage way. D. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damages caused by construction traffic to erosion and sedimentation control systems shall be repaired immediately. E. Contractor shall employ protective measures described in Item General Source Controls to avoid damage to existing trees to be retained on the project site. Conduct all construction operations under this Contract in conformance with the erosion control practices described in that Item. 3.02 Preparation of Subgrade A. Fine grade subgrade, eliminating uneven areas and low spots. Maintain lines, levels, profiles, and contours. Make changes in grade gradual. Blend slopes into level areas. B. Remove foreign materials, undesirable plants and their roots, stones, and debris. Do not bury foreign material beneath areas to be sodded. Remove and replace subsoil which has been contaminated with petroleum products. C. Cultivate subsoil to a depth of 3 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted subsoil. 3.03 Placing Topsoil A. Spread topsoil to a depth of minimum 2 inches over entire area to be sodded. B. Place topsoil during dry weather and on dry unfrozen subgrade. C. Grade to eliminate rough and low areas, ensuring positive drainage. Maintain levels, profiles, and contours of subgrade. D. Remove stones, roots, grass, weeds, debris, and other foreign nonorganic material while spreading. 3.04 Fertilizing A. Apply f ertilizer a t r ate r ecommended b y m anufacturer. A pply after f ine g rading a nd prior to compaction. Mix thoroughly into upper 2 inches of topsoil. B. Lightly water to aid the breakdown of fertilizer. C. Apply fertilizer within 48 hours before laying sod. 3.05 Laying Sod A. Lay sod as soon as possible after delivery to prevent deterioration. B. Full Sodding: Lay sod closely knit together with no open joints visible, and pieces not overlapped. Stagger sod units to avoid continuous seams. Lay smooth and flush with adjoining grass areas, paving, and top surfaces of curbs. C. Strip Sodding: Lay sod in the following patters: 3-inch continuous sod strip, 12-inch topsoil, 3-inch continuous sod strip. See dirt areas between sod strips. D. On slopes 2:1 and steeper, lay sod perpendicular to slope and secure every row with wooden pegs at maximum 2 feet on center. Drive pegs flush with soil portion of sod. E. Prior to placing sod, on slopes 3:1 or where indicated, place Hold/Gro or Roll/Lite or equal over topsoil. Securely anchor in place with posts sunk f irmly into the ground at 8-2 maximum 16 . feet on center along pitch of slope and equal to width of wire mesh horizontally across slopes. F. Immediately water sodded areas after installation. Water in sufficient amounts to saturate sod and upper 4 inches of soil. G. After sod and soil has dried sufficiently to prevent damage, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. Ensure rolling equipment weight not over 250 pounds or less than 150 pounds. 3.06 Maintenance A. Begin maintenance of plant materials immediately after planting and continue maintenance until issuance of Certificate of Acceptance of project. B. Maintenance to include measures necessary to establish and maintain plants in a Vigorous and healthy growing condition, including the following. 1. When herbicides are used for weed control, apply in accordance with manufacturer's instructions. Remedy damage resulting from use of herbicides. 2. Watering sufficient to saturate root system. 3. Disease and insect control. 3.07 Measurement and Payment Measure by the square yard of area sodded. Payment for work under this Item will be made at contract price for "Full Sodding," or "Strip Sodding", as indicated on PROPOSAL, which price to be full compensation for all fertilizer, sod, equipment, materials, and labor necessary for fertilizing and sodding. 8-3 TECHNICAL SPECIFICATIONS CLP Project No. 2002-4503 ITEM IX CEMENT -SAND BACKFILL 1.0 GENERAL 1.1 SCOPE This section provides for the use of cement -sand as bedding material under storm sewer pipes; for backfilling material around storm sewer pipes, manholes, inlets and drainage structures as required, and for backfill of utilities in pavement sections. 1.2 RELATED WORK a. Division 2. Site Work. (1) Storm Sewers (2) Sanitary Sewers (3)' Manholes (4) Concrete Drainage Structures 1.3 PAYMENT No separate payment will be made for work or materials performed under this section. 2.0 PRODUCTS 2.1 MATERIALS a. Sand. Use clean durable sand containing not more than the following: (1) Deleterious materials. (a) Clay lumps, ASTM C-142; less than 0.5 percent (0.5%) (b) Lightweight pieces, ASTM C-123; less than five percent (5.0%) (c) Organic impurities, ASTM C-40; shall not show a color darker than the standard color (d) Other deleterious materials such as coal, shale, coated grains of soft flakey particles; less than two percent (2.0%) (2) Plasticity index shall be four (4) or less when tested in accordance with ASTM D-43 and ASTM D-424. 9-1 0 (3) Gradation Reouirements. s8 -inch sieve '/.-inch sieve 10-mesh sieve 20-mesh sieve 40-mesh sieve 60-mesh sieve 100-mesh sieve 200-mesh sieve 270-mesh sieve (4) Color test ASTM C40-73. Color not darker than standard color. % Retained 0% 0% - 5% 5% - 35% 15% - 55% 35% - 85% 60% - 95% 80% - 97.5% 95% -100% . 100% b. Portland Cement. Furnish Portland cement to conform with ASTM C-150, Type I. C. Water. Water shall be reasonably clean and free from injurious amounts of oil, acid, alkalies, salt, organic matter, or other deleterious material. 2.2 PROPORTIONING AND MIXING Add not less than 1 %Z sacks of Portland cement to stabilize one (1) cubic yard of sand mixture. Add required amount of water and mix thoroughly in an approved pug -mill type mixer. Stamp batch ticket with the time of loading. Material not in place within three (3) hours after loading will be rejected. -2.3 TESTING Upon request of the Engineer, the Contractor or his supplier will furnish samples of the sand and cement for testing before and/or during project construction. Samples shall be submitted two (2) days prior to stabilized sand being delivered to the project site. If the material source is changed during project construction, new samples shall be submitted. 3.0 EXECUTION 3.1 BEDDING PROCEDURES a. Place cement -sand in a trench or excavation prepared for sewer pipe to the depth shown on the drawings. b. After bedding material is in place, set pipes in position to grade. C. Add additional cement -sand material around pipe, filling to at least six -inches (6") above pipe crown. Place cement -sand material at optimum moisture content, and in layers not to exceed six -inches (6") measured loose. d. Compact with mechanical hand tamps to at least 95 percent (95%) of AASHTO Density, Test Method T-99. 3.2 FOUNDATIONS Use cement -sand for stabilizing below the foundation for pre -cast manholes, inlets or concrete structures. Backfill outside the manhole to a minimum of six -inches (6") above the largest pipe crown. With "AA" bedding, continue cement -sand backfill to within one -foot (V) of the finished pavement surface. 9-2 • 0 3.3 BACKFILL PROCEDURES a. Place cement -sand in sewer trenches as backfill for sewer lines under existing or future pavement. Backfill to within one -foot (1') 'of the subgrade with the cement -sand. Use cement -sand material as backfill material around manholes if the structure lies within two -feet (2') of the pavement. b. Place cement -sand material at optimum moisture content in layers not to exceed 12-inches (12"), measured loose. C. Compact with mechanical hand tamps to at least 95 percent (95%) of prescribed AASHTO Density, Test Method T-99. 3.4 PERFORMANCE The sand -cement mixture shall produce a minimum unconfined compressive strength of 100 pounds per square inch (100 psi) in 48 hours when compacted to 95 percent (95%) of ASTM D-698 without additional moisture control, cured (ASTM C-31, Item 9), and tested in accordance with ASTM C-31. 9-3 SPENCER HIGHWAY CREEKMONT BROOKGLEN/COLLEGEVIEW SPENCER HIGHWAY CARE c4Q!t C? cr. J \ FAINO f PARK / / —A FAIRMONT,, PARKWAY WEST CENTRAL FAIRMONT PARK - EAST 0 LEGEND cf) Z •AREAS OF SIDEWALK REPLACEMENT AND w WHEEL CHAIR RAMP TO BE INSTALLED. N ACTUAL LOCATIONS SHALL BE CLEARLY MARKED. BY THE OWNER PRIOR TO PRE —CONSTRUCTION COW, ERENCE. REFER TO PROJECT SPECS FOR QUANTITIES. • N. P STREET MONUMENT ESTATES N.T.S. 9 - 0 m; z 0 m SPENCER HIGHWAY GLEN MEADOWS co _ J ' 0 a Rio f� m SHADY RIVER CITY OF LA PORTE 604 W. FAIRMONT PKWY. LA PORTE. TEXAS PLANNING DEPARTMENT ENGINEERING DIVISION CITY-WIDE SIDEWALK IMPROVEMENTS PROJECT LOCATIONS DRAM BY: J.R. CHECKED BY: CX APPROVED BY: CA REVISIONS REVISION / ISSUE DATE D ORIGINAL ISWI 1N3 PROJECT: 2002-4503 SHEET: DATE: 1/03 2 OF 3 HCAD MAP.. N/A N.T.S. Due to the volume of this contract, a copy is available for your review in the City Secretary's Office CONSENT AGENDA M. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 24 2003 Requested By: Dou Kneejp Department: Planning Report: Resolution: Ordinance: _ Exhibits: 1. ESRI Quote for Software 2. HTE Quotes for Software Appropriation Source of Funds: CIP Funds 003 & 015 Account Number: om-98904gs & 015-9m-878 Amount Budgeted: $130,000 Total Amount Requested: $60,172.97 Budgeted Item: _AYES __v0 SUMMARY & RECOMMENDATION Acquisition of key components for the City's GIS is currently underway. The first year of GIS Implementation includes procurement of GIS-related hardware and software. Presently, the City has acquired the necessary hardware (i.e. workstation and network server) and is currently seeking approval from Council to purchase the required software. The GIS software to be purchased as defined in the City's GIS Implementation Plan includes: ESRI Software: One license of ArcInfo One license of ArcEditor $7,100 $5,600 One license of ArcView $2,800 Total $15,500 + Shipping & Handling $ 37.97 HTE Software: Ten licenses of LGViewer $12,000 Five licenses of LG Crimes $10,000 Three licenses of LG Dispatch $15,000 Total $37,000 Software Maintenance: LG Viewer Annual Maintenance Agreement $2,385 LG Crimes Annual Maintenance Agreement $2,100 LG Dispatch Annual Maintenance Agreement $3,150 Total $7,635 Staff Recommendation: Staff recommends that Council authorize the purchase of the aforementioned GIS software (plus respective annual maintenance agreements and shipping & handling charges) as defined by the City's GIS implementation plan. Action Request of Council: Consider awarding bid for the purchase of GIS software and related items in the amount of $60,172.97.Of which, one-half of the total cost to be expended from CEP Fund 003 and the remaining one-half to be expended from CIP Fund 015. Approved for City Council Agenda A 6 0vA464-Y ebra Feazelle, Ci anage I ✓O Date EXHIBIT NO. 1 ESRI QUOTE FOR SOFTWARE r Quotation: �z # 20128980 Date: January 29, 2003 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer# Contract # 2002MPA4409 ESRI, Inc. CITY OF LA PORTE 227 N Loop 1604 East Suite 100 PLANNING & ENGINEERING San Antonio, TX 78232-1260 604 W FAIRMONT PKWY Phone: 210-499-10" LA PORTE, TX 77571 Fax: 210-499-4112 To expedite your order, please attach a copy of ATTENTION: Brian Sterling this quotation to your purchase order. PHONE: 281471-5020 Quote Is valid from: 0112912003 to: 0412912003 FAX: 281471-7168 * % Approximle Discount Percentage Material City Description List Price %* Disc Price Total 52382 1 Arclnfo Floating License 14,000.00 49% 7,100.00 7,100.00 86353 2 ArcEditor Concurrent Use License 6,300.00 11% 5,600.00 11.200.00 87143 2 AroVlew Concurrent Use License 3,150.00 11% 2,800.00 5,600.00 89770 1 ArcGIS 8.2 Installation Package 0.00 0.00 0.00 Items Total: 23,900.00 Subtotal: 23,900.00 Estimated Shipping & Handling (2 Day Delivery) : 37.97 Contract Pricina Adiust: 478.00 Total (excludes applicable sales tax): $ 24,415.97 I Quoted By: Amy Garner, + (210) 499-1044 x8839 Account Manager. David Dignum Email: agarner@esri.com Email: ddignum@esri.com This Quotation is made in confidence for your review only. It may not be disclosed to third parties. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 GARNERA Subject to other terms and conditions on attached sheet(s) • EXHIBIT NO.2 HTE QUOTES FOR SOFTWARE Installation Annual Applications License fees Training Days Training Configuration Maintenance Looking Glass Viewer (10 users) $12,000.00 3.00 $3,000.00 $2,385.00 1. Pricing does not include travel, out-of-pocket and living expenses. 2. Pricing is valid for 90 days. source - Q4 02 • • LAPOgtg.xls 1 GOVERNMENT SOFTWARE Helping Government Work Better.` HTE, INC. PRICE PROPOSAL for La Porte, Texas, Police Department _ February 5, 2003 Product Umt License ' Annual Warrant, bescr►pt�on QTY _ Price Fees Maintenance Period APPLICATION SOFTWARE PROPOSED Looking Glass Dispatch - 3 workstation 1 $ 15,000.00 $ 15,000.00 $ 3,150.00 Looking Glass CRIMES - 5 workstations 1 $ 10,000.00 $ 10,000.00 $ 2,100.00 Total Application Software: $ 25,000.00 $ 5,250.00 TRAINING & IMPLEMENTATION (travel & related expenses to billed separately) Looking Glass Dispatch for CAD 4UU & CRIMES $ 5,000.UU Total Training & Implementation: $ 5,000.00 TOTAL HTE PROPOSAL $30,000.00 $5,250.00 EXPIRATION HTE prices are valid through May 5, 2003. PAYMENT TERMS 100% of License Fees due upon receipt of invoice. The Training is due as incurred. Annual Maintenance will be due 30 days after the delivery of the application software. The travel and related expenses of the trainer, installer, or project manager are in addition to the above costs and they are billed separately. NOTES Hardware requirements: PC workstation with a minimum Pentium H class processor and 256mb of RAM. Above pricing for Training applies provided that training is for both products are done in one visit. Otherwise cost is $6,000 - 3 days each visit. Please indicate La Porte's intent to purchase the Annual Maintenance by listing it on the Purchase Order. • 0 -3 COUNCIL AGENDA ITEM Agenda Date Requested: March 24 2003 Aoorooriation Requested By: Stephen L Bar. nds: FY 2002-2HA3-Hndgft Department: Acc't Number: 001-30a1-«1-1011 Report: X Resolution: Ordinance: Amount Budgeted: $35,000.00 F.zhihita- SealedBid.#0190 AmoauntRequested:. S34,303—% Exhibits: Bid'.Iabuhation Bud' d'Item: YES" X- NO Exhibits: Bidder's List SUMMARY & RECOMMENDATION The City of La Porte has requested formal bids for lifeguard services at Brookglen, Fairmont, and San Jacinto Swimming Pools and swim lessons at Brookglen and Fairmont Pools for the upcoming, and future swim seasons. Bids were opened on March 3, 2003 with four firms responding. Staff has evaluated the bids and has selected Bepotte Enterprises, Inc. as low bidder meeting specifications. The resulting agreement will provide lifeguard services for the 3 neighborhood swimming pools for the upcoming swim season, scheduled to begin May 31 '. The agreement will provide seasonal lifeguard services for an additional three years, provided both parties agree, at a cost very comparable to our previous contract with the San Jacinto YMCA. Bellotte Enterprises, Inc. has provided lifeguard services to other local municipalities and community associations in the area. After interviews and site visits, staff is confident that Bellotte Enterprises, Inc. will be able to provide quality lifeguard and swim lessons for La Porte's neighborhood pools. Action Reauired by Council: Consider award of bid to Bellotte Enterprises, Inc. to provide lifeguard services at Brookglen, Fairmont, and San Jacinto Swimming Pools, and swim lessons for Brookglen and Fairmont Swimming Pools for the upcoming 2003 season, and subsequent seasons, as provided in the bid documents. 0 CITY OF LA PORTE INTEROFFICE MEMORANDUM MARCH 6, 2003 To: Stephen Barr, Director of Parks & Recreation From: Susan Kelley, Purchasing Manager Subject: Bid #0880 — Lifeguard Services Advertised, Sealed Bids #0880 — Lifeguard Services were opened and read on March 3, 2003. Bid requests were mailed to five (5) vendors, with four (4) returning bids. Copies of the bids are attached for your review. Purchasing will be happy to assist in the evaluation process, if requested. This bid may be placed on the agenda for the City Council meeting March 24, 2003. Please remember to submit your recommendation with an agenda request form to the City Secretary and Purchasing Manager by the prescribed time. The following items should be included: Bid tabulation and bidder's list as backup ➢ Date of requested council meeting ➢ Explanation of recommendation, other than apparent low bid Attachment: Bid Copies Bid Tabulation Bidders List BID TABULATION - BID #0880 - LIFEGUARDING SERVICES BELLOTTE MILLER SWIM SAN JACINTO• SWEETWATER DESCRIPTION HOURS ENTERPRISES ACADEMY FAMILY YMCA POOLS, INC BROOKGLEN PARK POOL May. - 8 days x 6 hrs x 2 guards 96 -$7.50 $13.00 $10.00 $9.39 June - 25 days x 6 hrs x 2 guards .300 $7.50 $13.00 $10.00 $9.39 July - 27 days x 6 hrs x 2 guards "324 $7.50 $13.00 $10.00 $9.39 August -15 days x 6 hrs x 2 guards 180 $7.50 $13.00 $10.00 $9.39 Cleaning - 3 hrs x 13 weeks 39 $7.50 Included $10.00 $9.39 Sub Total $7,042.50 $11,700.00 $9,390.00 $8,817.21 Administrative Fee Percentage 40% 0.00% 34.00% ????? Cost of Administrative Fee $2 817.00 $0.00 $3,192.60 $4,322.79 Total for Brookglen $9 869.50 $11700.00 $12 582.60 $13140.00 FAIRMONT PARK POOL May - 8 days x 6 hrs x 2 guards 96 $7.50 $13.00 .$10.00 $9.39 June - 25 days x 6 hrs x 2 guards 300 : $7.50 $13.00 $10.00 $9.39 July - 27 days x 6 hrs x 2 guards .324 .$7.50 $13.00 $10.00 $9.39 August -.15 -days x 6 hrs x 2 guards 1:80 $7.50 $13.00 $10.00 $9.39 Cleaning - 3 hrs x 13 weeks 39 $7.50 Included $10.00 $9.39 Sub -Total $7,042.50 $11,700.00 $9,390:00 $8,817.21 AdministrativeFee Percentage 40% 0.00% 34.00% ????? Cost of Administrative Fee $2,817 $0.00 $3,192A0 $4,322.79 Total for Fairmont $9,859.50 $11700.00 $12 582.60 $13,140.00 SAN JACINTO POOL May - 8 days x 6 hrs x 3 guards 144.:. $7.50 $13.0.0 $10.00 $9.39 June - 25 days x 6 hrs x 3 guards 450 $7.50 $13.00 $10.00 $9.39 July - 27 days x 6 hrs x 3 guards 486 $7.50 $13.00 $10:00 $9.39 August -15 days x 6 hrs x 3 guards 270 $7.50 $13.00 $10.00 $9.39 Cleaning - 3 hrs x 13 weeks 39. $7.50 Included $10.00 $9.39 Sub -Total, $10,417.50 $17,550.00 $13,890.00 $13,042.71 Administrative Fee Percentage 40% 0.00% 34.00% ??????? Cost of Administrative Fee $4,167 $0.00 $4,722.60 ..$4,716.92 'Total for San Jacinto : $14 684.50 $17,550.00 $18 612.60 $17 769.63 GRAND TOTAL $34,303.50 $40,950.00 $43,77.7.80 $44,039.63 Cerification N.A.S.C.O Red Cross YMCA Red Cross Swim Lessons - Residents $50.00 ' $110.00 - $46.00 $50.00 Provided Bid Bond Yes No Yes Yes Information reflects pricing only and other factors may be considered during the evaluation • • BIDDER'S LIST SEALED BID #0880 LIFE GUARD SERVICES BELLOTTE ENTERPRISES 12917 EMPORIA HOUSTON, TX 77015 MILLER SWIM ACADEMY 10500 FORUM PLACE DR. #380 HOUSTON, TX 77036 -2531 SWEETWATER POOLS 10408 ROCKLEY ROAD HOUSTON, TX 77099 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 DS RECREATIONAL SERVICES INC. 2510 FARRELL ROAD HOUSTON, TX 77073 SAN JACINTO FAMILY YMCA 1716 JASMINE PASADENA, TX 77503 BAYSHORE SUN PUBLISH DATES: FEBRUARY 16, 2003 FEBRUARY 23, 2003 110 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 12, 2003 Requested By: J. L. Sease Department: Emergency Services Report: X Resolution: Ordinance: Exhibits: Memo from Ginger Shaw Exhibits: Bidder's List Appropriation Source of Funds: General Fund Account Number: 001-5051-522-2003 Amount Budgeted: $60,000.00 Amount Requested: $28,750M Budgeted Item: XX YES _ NO Exhibits: Bid Tabulation Form . SUMMARY & RECOMMENDATION Advertised, Sealed Bid #0877 for Firefighter Protective Clothing (Bunker Gear) were opened and read on Monday, March.03, 2003. Bid requests were mailed to four (4) vendors with three (3) returning bids. The item bid as Firefighter Protective Clothing is for 25 sets of Protective Coats and Pants that are worn for protection from heat; while fighting fire. Staff recommends that the bid be awarded to the low bidder, Rescue Concepts Inc., in the amount of Twenty Eight Thousand Seven Hundred Fifty Dollars ($28,750.00). This is a budgeted line item and sufficient -funds are available. Action Required by Council: Approve the low bid to Rescue Concepts .Inc., in the amount of $28,720 for 25 sets of Firefighter Protective Clothing. CITY OF LA PORTE INTEROFFICE MEMORANDUM March 4, 2003 To: Joe Sease, Director of Emergency Services Champ Dunham, Assistant Fire Chief From: Ginger Shaw, Purchasing Tech. II I /- Subject: Bid #0877 — Firefighter Protective Clothing (Bunker Gear) Advertised, Sealed Bids #0877 — Firefighter Protective Clothing (Bunker Gear) - were opened and read on Monday, March 03, 2003. Bid requests were mailed to four (4) vendors with three (3) returning bids. Copies of the bids are attached for your review. Purchasing will be happy to assist in the evaluation process, if requested. This bid expires March 31, 2003 and may be placed on the agenda for the City Council meeting on. March 24, 2003. Please remember to. submit your recommendation with an agenda request form to the City Secretary and Purchasing Manager by the prescribed time. The following items should be included: Bid tabulation and bidder's list as backup Date of requested council meeting ➢ Explanation of recommendation, other than apparent low bid Attachment: Bid Copies Bid Tabulation Bidder's List BID TABULATION BID #0877 - FIREFIGHTER PROTECTIVE CLOTHING DESCRIPTION QTY RESCUE .CONCEPTS FOUR ALARM FIRE DXP ENTERPRISE 1) BUNKER COATS 25 $655.00 $667.00 $693.00 Sub -Total $16,375.00 $16,675.00 $17,325.00 2) BUNKER PANTS 25 $495.00 $507.00 $506.00 Sub -Total $12,375.00 $12,675.00 $12,650.00 GRAND TOTAL $28,750.00 $29,350.00 $29,975.00 Additional charge for $32.50 N/A N/A each size over 60" Information reflects pricing only and other factors may be considered during the evaluation process BIDDER'S LIST SEALED BID #0877 FIREFIGHTER PROTECTIVE CLOTHING (BUNKER GEAR) CAIRNS PROTECTIVE CLOTHING PO BOX 125 PITTSFIELD, NH 03263 FOUR ALARM FIRE EQUIPMENT 3500 SOUTH RICHEY, SUITE 170 HOUSTON, TX 77017 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 DXP ENTERPRISES P:O. BOX 1697 HOUSTON, TX 77251-1697 RESCUE CONCEPTS 9113 STATE HWY 146 SOUTH DAYTON, TX 77535 BAYSHORE SUN - PUBLISH DATES: FEBRUARY 16, 2003 FEBRUARY 23, 2003 V REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: . March 12, 2003 Requested By: J. L. Sease Department: Emergency Se ices Report: X Resolution: Ordinance: Exhibits: Memo from Susan Kelley Exhibits: Bidder's List Exhibits: Bid Tabulation by Line Item Appropriation Source of Funds: General Fund Account Number: 001-5059-522-2055 Amount Budgeted: . $55,000.00 Amount Requested: <$45,000.00 Budgeted Item: XX YES _ NO SUMMARY & RECOMMENDATION Advertised, Sealed Bids #0878 — Annual Medical Supplies Contact were opened on February 17, 2003. Bid requests were sent to twelve vendors with seven returning bids. None of the vendors bid on all items, in fact one item did not receive a bid from any of the vendors. Three of the items had two vendors tied for low bid. Below is a list of the seven bidders offering bids and the number of items they were low bidder. EMP — 82 items South Eastern — 24 items Tri-Anim - 24 items Bound Tree - 6 items Matrix - 3 items Sunbelt - 14 items Ambu Inc. - 1 item Action Required by Council: It is recommended that Council approve that the low bidder for each line item be awarded the bid for that item. In the event that a vendor cannot supply that item when requested then the next lowest bidder would become the vendor of choice. Approved for City Council Agenda -�� v-3 ebra Feazelle, Ci Ma ger Date CITY OF LA PORTE INTEROFFICE MEMORANDUM FEBRUARY 19; 2003 To: Joe Sease, Director -of Emergency Services Chris Osten, EMS Chief Ray Nolen, EMS Assistant Chief From: Susan Kelley, Purchasing Manager Subject: Bid #0878 — Annual Medical Supplies Contract Advertised, Sealed Bids #0878 — Annual Medical Supplies Contract were opened and read on February 17, 2003. Bid requests were • mailed to twelve (12) vendors with seven (7) returning bids. Copies of the bids are attached for your review. Purchasing will be happy to assist in the evaluation process, if requested. This bid may be placed on the agenda for the City Council meeting March 10, 2003. Please remember to submit your recommendation with an agenda request form to the City Secretary and Purchasing Manager by the prescribed time. The following items should be included: ➢ Bid tabulation and bidder's list as backup ➢ Date of requested council meeting ➢ Explanation of recommendation, other than apparent low bid Attachment: Bid Copies Bid Tabulation Bidder's List BIDDER'S LIST SEALED BID #0878 ANNUAL MEDICAL SUPPLY CONTRACT ALLIANCE MEDICAL BALLARD MEDICAL PRODUCTS P.O. BOX 147 12050 LONE PEAK PARKWAY RUSSELLVILLE, MO 65074 DRAPER, UT 84020 BLUE RIDGE MEDICAL P.O. BOX 8664 GRAY, TN 37615 COOK CRITICAL CARE P.O. BOX 489 BLOOMINGTON, IN 47402 HEALTHCARE LOGISTICS P.O. BOX 25 CIRCLEVILLE, OH 43113 BOUND TREE PAR CORP 2465 S. INDUSTRIAL PARK AVE SUITE C3 TEMPE, AZ 85282 EMERGENCY MEDICAL PRODUCT 1711 PARAMOUNT COURT WAUKESHA, WI 53186 MDS MATRX, INC P.O. BOX 210 BALLENTINE, SC 29002 SOUTHEASTERN EMERGENCY EQUIP STERICYCLE, INC. P.O. BOX 1196 8950 CONROE PARK N WAKE FOREST, NC 27588 CONROE, TX 77303 SUNBELT MEDICAL 20 CAPITAL DRIVE HILTON HEAD, SC 29926 BAYSHORE SUN PUBLISH DATES: FEBRUARY 2, 2003 FEBRUARY 9, 2003 TRI-ANIM HEALTH SERVICES 13170 TELFAIR AVE SYLMAR, CA 91342 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTS, TX 77572-0996 CITY OF LA PORTE ANNUAL MEDICAL SUPPLIES CONTRACT ITEM NO DESCRIPTION QTY UOM EMERGENCY MEDICAL PRODUCTS SOUTH- EASTERN EMERGENCY EQUIPMENT TRI-ANIM HEALTH SERVICES BOUND BOUND TREE LLC MATRX MEDICAL SUNBELT MEDICAL AMBU INC. CATEGORYI-DRUGS 1 Activated Charcoal w/Sorbital, 50 grams in 250 ml 30 ea $13.4200 $11.8200 $11.2600 No Bid No Bid $8.7000 No Bid 2 Adenosine, 6 mg in 2 ml syringe 60 ea $32.7300 $38.0600 $38.7200 No Bid No Bid $34.5000 No Bid 3 Atropine, 1 mg in 10 ml 80 ea $1.2400 $2.0500 $1.6000 No Bid No Bid $1.3500 No Bid 4 Atropine, multi -dose vial, 8 mg in 20 ml 20 as $0.6400 $1.6400 No Bid No Bid No Bid $0.8000 No Bid 5 Atrovent, .5 mg in 2.5 ml tube 100 tubes $0.5200 $12.7500 No Bid No Bid No Bid $0.2900 No Bid 6 Baby Aspirin, 81 mg 200 chewable 1 lot $4.1400 $4.3200 $4.4400 No Bid No Bid $5.3400 No Bid 7 Benadryl, 50 mg prefilled syringe 20 ea $7.5200 $1.9400 $1.6400 No Bid No Bid $1.4200 No Bid 8 Cordarone, 150 mg in 3 ml ampule - Wyeth-Ayerst No Sub 30 as $84.9900 No Bid No Bid No Bid No Bid $19.0000 No Bid 9 Dopamine, 800 mg in 500 ml premixed drip 10 bag $13.8900 $20.5500 No Bid No Bid No Bid $17.0000 No Bid 10 D50W, 25 grams in 50 ml syringe 100 as $1.4400 $2.3800 $1.8200 No Bid No Bid $1.6900 No Bid 11 Epinephrine 1:1000, 1 mg in 1 ml ampule 20 as $0.3000 $0.3400 $0.3500 No Bid No Bid $0.2900 No Bid 12 Epinephrine 1:1000, 30 mg in 30 ml multi dose vial 100 ea $2.8400 $5.5600 $2.9400 No Bid No Bid $2.6900 No Bid 13 Glucagon, 1 mg pro-padc 20 ea $66.1100 $78.3500 No Bid No Bid No Bid $55.0000 No Bid 14 Instant Glucose, 12 gram tube 40 ea $2.2900 $2.6833 No Bid No Bid No Bid $2.6900 No Bid 15 Furosemide, 40 mg in 4 ml vial 30 ea $0.3900 $1.3400 $0.4600 No Bid No Bid $0.5600 No Bid 16 Lidocaine, 2%, 100 mg in 10 ml syringe 50 ea $1.2400 $1.7800 $1.6000 No Bid No Bid $1.3500 No Bid 17 Lidocaine, 2 grams in 500 ml premixed drip 20 ea $4.0700 $6.1200 No Bid No Bid No Bid $4.6500 No Bid 18 Magnesium Sulfate, 5 grams in 10 ml syringe 20 ea $1.6500 $3.4500 $2.0500 No Bid No Bid $2.0500 No Bid 19 Mannitol 20%, 500 ml bag 10 . as $23.8600 No Bid No Bid No Bid No Bid $17.0000 No Bid 20 Naloxone, 2 mg in 2 ml ampule 40 ea $4.0700 $1.1000 No Bid No Bid No Bid $4.4000 No Bid 21 Nitroglycerine Spray, multi dose spray bottle 10 ea $32.4000 $32.2200 No Bid No Bid No Bid $29.9000 No Bid 22 Normal Saline, 10 ml vial for flushing 30 ea $0.2200 $6.6500 $0.2600 No Bid No Bid $0.2500 No Bid 23 Proventil, 2.5 mg in 3 ml tube 100 as $0.2100 No Bid $0.1696 No Bid No Bid $0.1800 No Bid 24 Sodium Bicarbonate, 50 mEq in 50 ml syringe 100 as $1.4400 $2.2200 $1.8200 No Bid No Bid $1.6900 No Bid 25 Solu-Medrol, 125 mg flo-pack 100 as $2.7700 No Bid No Bid No Bid No Bid $1.9800 No Bid 26 Succinylcholine, 200 mg in 10 ml ampule 20 ea $0.8000 $1.2200 No Bid No Bid No Bid $0.8000 No Bid 27 Thiamine, 100 mg in ml vial 75 as $0.8200 $1.1000 No Bid No Bid No Bid $2.2700 No Bid 28 Vasotec, 2.5 mg in 2 ml vial 30 ea No Bid No Bid No Bid No Bid No Bid $3.2500 No Bid 29 Versed, 10 mg in 2 ml vial 75 ea $2.1800 No Bid No Bid No Bid No Bid $1.4900 No Bid 30 Tetracaine Ophthalmic drops, 1/2% tube 10 ea $2.6900 $3.1000 No Bid No Bid No Bid $2.4000 No Bid 31 Haldol, 5 mg in 1 ml 10 as $8.0800 $9.4600 No Bid No Bid No Bid $8.4900 No Bid 32 Rocuronium Bromide, 100 mg in 10 ml vial 30 as $27.2800 No Bid No Bid No Bid No Bid $29.0000 No Bid 33 Phenergan, 25 mg in a 1 ml ampule 10 as $1.9600 $2.68001 $2.78001 No Bid No Bid $2.3700 No Bid Category I Totall i 1 $9,770.14 $3,197.351 $3,673.601No Bid I No Bid 1$7,563.0400 10 ITEM NO DESCRIPTION QTY UOM EMERGENCY MEDICAL PRODUCTS SOUTH- EASTERN EMERGENCY EQUIPMENT TRI-ANIM HEALTH SERVICES BOUND TREE MEDICAL LLC MATRX MEDICAL SUNBELT MEDICAL AMBU INC. CATEGORY II - IWO AND BLOOD DRAW 34 Blood-Y IV Administration set - McGraw No Substitutions 50 sets $2.4700 $4.5900 No Bid $2.4300 No Bid No Bid No Bid 35 60 Drop IV Administration set with one (1) Y-site 100 sets $1.1500 $0.9400 $1.0300 $0.0970 No Bid No Bid No Bid 36 15 Drop IV Administration set 700 sets $0.8800 $0.8800 $0.9600 $1.0300 No Bid No Bid No Bid 37 Veni-gard IV Site Covering - Con-med No Substitutions 1000 ea $0.2800 $0.3050 $0.3860 $0.3390 No Bid No Bid No Bid 38 Angiocath IV Catheter, 14 gauge, 2" long 100 as $0.7100 $1.3050 $1.0200 $1.3800 No Bid No Bid No Bid 39 Angiocath IV Catheter, 16 gauge, 1-1/4" long 100 ea $0.7100 $1.3050 $1.0200 $1.3800 No Bid No Bid No Bid 40 Angiocath IV Catheter, 18 gauge, 1-1/4" long 500 ea $0.7100 $1.3050 $1.0200 $1.3800 No Bid No Bid No Bid 41 Angiocath IV Catheter, 20 gauge, 1-1/4" long 400 ea $0.7100 $1.3050 $1.0200 $1.3800 No Bid No Bid No Bid 42 Angiocath IV Catheter, 22 gauge, 1" long 50 ea $0.7100 $1.3050 $1.0200 $1.4500 No Bid No Bid No Bid All Angiocath shall be Becton Dickson - No Sub 43 Multi -Sample Luer Adapter - Excel No Substitutions 1000 ea $0.0950 $0.2500 $0.0946 $0.3000 No Bid No Bid No Bid 44 Blood Tube Holder - Excel No Substitutions 500 ea $0.0680 $0.0790 $0.0800 $0.1550 No Bid No Bid No Bid 45 Needle, 16 gauge, 3116"-1-7/8" long - Sherwood No Sub 5 ea $9.7400 $10.1000 No Bid No Bid No Bid No Bid No Bid 46 Needle, 18 gauge, 318"-1-7/8" long - Allegiance No Sub 5 ea $8.2400 $8.7000 $10.7000 No Bid No Bid No Bid No Bid 47 Needle, Butterfly, 19 gauge, 3/4" long w/12" tubing 5 ea $0.1800 $0.1900 $0.2500 No Bid No Bid No Bid No Bid 48 Needle, Butterfly, 21 gauge, 3/4" long w/12" tubing 5 ea $0.1800 $0.1900 $0.2500 No Bid No Bid No Bid No Bid 49 Needle, Butterfly, 23 gauge, 3/4" long w/12" tubing 5 ea $0.1800 $0.1900 $0.2500 No Bid No Bid No Bid No Bid 50 Needle, Butterfly, 25 gauge, 3/4" long w/12" tubing 5 ea $0.1800 $0.1900 $0.2500 No Bid No Bid No Bid No Bid All Butterfly Needles shall be Excel - No Sub 51 Disposable Latex Tourniquets 1000 ea $0.0600 $0.0540 $0.0924 $0.0574 No Bid No Bid No Bid 52 Intermittent Injection Site - Baxter No Substitutions 100 ea $0.4500 $0.8263 No Bid 53 Alcohol Prep Pad, single use, B23 200/box Specify pkg 1200 boxes $1.0600 $1.1500 $1.1800 $1.9100 No Bid No Bid No Bid 54 Buretrol IV Solution set, 60 cc w/2 Injection Sites 20 sets $2.6300 $5.2000 $9.3000 $5.7800 No Bid No Bid No Bid Category II Total 3,603.10 ,753.18 $4,221ASI $5,624.201No Bid No Bid No Bid 0 ITEM NO DESCRIPTION QTY .EMERGENCY UOM MEDICAL PRODUCTS SOUTH - EAST ERN EMERGENCY EQUIPMENT TRI-ANIM HEALTHBOUND SERVICES TREE MEDICAL LLC MATRX MEDICAL SUNBELT MEDICAL AMBU INC. CATEGORY III - BANDAGING, SPLINTING & IMMOBILIZATION 55 Adhesive Bandages, 314" x 3" Specify pkg/Price per pkg 200 ea $0.0114 $0.0119 $0.0128 $0.0350 $0.0350 No Bid No Bid 56 Sterile 4x4 Sponges, 4-ply No other sizes 1000 ea $0.1040 ' $0.0544 $0.0363. $0.1080 $0.0800 No.Bid No Bid 57 Non -Sterile Dressing, 4x4, 8-ply Specify packaging 2000 ea $0.0080 $0.0349 $0.0090 $0.0278 $0.0150 No Bid No Bid 58 Multi -Trauma Dressing, 10" x 30" 30 as $1.2200 $2.4800 $1.2000 $1.2000 $1.3800 No Bid No Bid 59 Sterile Keriix, 4-1/2" x 4.1 yds - Dynarex No Sub 200 ea $0.5700 $0.5800 $0.2700 $0.8700 $1.5000 No Bid No Bid 60 Tape, Transpore, 1" x 10 yds - 3M No Substitutions 120 rolls $0.8700 $0.8617 $0.9600 $1.2108 $1.1800 No Bid No Bid 61 Tape, Cloth, 2" x 10 yds 70 rolls $1.4300 $1.0800 $1.2600 $1.6933 $1.2000 No Bid No Bid 62 Tape, Cloth, 3" x 10 yds 70 rolls $2.1500 $1.6200 $1.8900 $2.5400 $1.8000 No Bid No Bid 63 Sterile Bum Sheet, 5'x 8' - Roehampton No Sub 100 ea $5.0000 $3.2000 $5.3900 $5.1600 $5.7000 No Bid No Bid 64 Wire Ladder Fabric 20 ea No Bid $4.0800 $4.2600 $1.6100 $10.0000 No Bid No Bid 65 Disposable Cardboard Splint, 18" long '30 ea $0.6200 $1.4200 $0.7400 $1.3000 $1.0500 No Bid No Bid 66 .Disposable Cardboard Splint, 24" long 30 ea $0.9100 $1.8200 $0.9400. $1.3000 $1.4900 No Bid . No Bid '67 Triangular Bandage 200 ea $0.2700 $0.2000 $0.2300 $0.2992 $0.2800 No Bid No Bid 68 Padded Board Splint, 12",long • 10 as $2.0000 $2:2600 $2.2500 $2.3500 $2.7000 No Bid No Bid 69 Padded Board Splint, 36" Long 10- ea $3.2300 $3.5700. . $3.6900 $3.6500 $4.4500 No Bid No'Bid 70 KED,'Model 125 - Femo No -Substitutions 10 as $123.9100 .$114.0000 $112.9600 $127.0400 $11&0000 No Bid No Bid 71 Scoop/Aluminum Break -apart Stretcher, adjustable 10 ea $423.2700 $389.0000 $420.0000 $422:0400 $394.0000 No Bid No Bid 72 Traction Splint, Child 3 ea $220.3600 $202.0000 $222.0000 $215.7500 $205.0000 No Bid No Bid 73 Traction Splint, Adult 5 ea $220.3600 $202.0000 $222.0000 $215.7500 $205.0000 No Bid No Bid Traction Splints shall be Ferno - No Substitutions 74 Infant/Pediatric Immobilization Board - LPS No Sub 10 ea $156.2200 $238.0000 $252.0000 $263.1200 $188.0000 No Bid No Bid 75 Black Stretcher Strap, 2-piece - Femo No Sub 30 as $13.3000 $12.2000 $6.8900 $13.3300 $15.0000 No Bid No Bid 76 Petroleum Gauze, 3" x 9" only 720 as $0.6000 $0.5300 $0.5600 $0.7600 $0.7600 No Bid No Bid 77 Trauma Shears, black handle 20 ea $1.2900 $0.9400 . $1.0900 $1.4500 $1.7500 No Bid No Bid 78 PASG/MAST anti -shock pants, Child 3 as $353.6100 $424.0000 $545.0000 $467.8100 $381.0000 No Bid No Bid 79 PASG/MAST anti -shock pants, Adult 3 ea $332.7900 $402.0000 $575.0000 $446.2500 $360.0000 No Bid No Bid Pants shall be LSP - No Substitutions 80 Leg Fracture Pack, Adult, bl vinyl splint wNelcro 30 ea $31.5200 $48.0000 $32.2000 $42.7700 $42.0000 No Bid No Bid 81 Arm Fracture Pack, Adult, bl vinyl splint wNelcro 20 ea $20.7900 $32.0000 $21.9500 $28.7400 $42.0000 . No Bid No Bid 82 Tape, white medical (dud) 50 rolls $4.1600 $8.9000 $3.2900 $4.0700 $3.9000 No Bid No Bid 83 NAJO Head Wedge - Ambu No Substitutions 600 ea No Bid No Bid $3.4800 $3.3900 $3.0900 No Bid $4.0700 84 Stiffnedk Cery Collar (all sizes) - Laerdal No Sub 600 . ea. $4.2900 $4.6200 $4.8200 $5.2800 $4.9900 No Bid 1 $4.1600 Category III Total 1 i . 1 $17,136.301 $18,773.881. 21,429.33r- $22.399.151 $20,301.901No Bid 1$4,933.00 ITEM NO DESCRIPTION QTY UOM EMERGENCY MEDICAL PRODUCTS SOUTH- EASTERN EMERGENCY EQUIPMENT TRI-ANIM HEALTH SERVICES BOUND TREE MEDICAL LLC MATRX MEDICAL SUNBELT MEDICAL AMBU INC. CATEGORY IV - OXYGEN AND AIRWAY 85 Oxygen Mask, non-rebreather, adult 1500 ea $0.7800 $0.9400 $0.9500 $0.9600 $0.8800 No Bid No Bid 86 Oxygen Mask, non-rebreather, pediatric 50 as $0.9900 $1.0900 $1.0900 $1.8000 $1.1000 No Bid No Bid Both Oxygen Masks shall be LSP - No Sub 87 Nasal Cannula, adult 700 ea $0.2800 $0.3100 $0.2700 $0.3300 $0.3200 No Bid No Bid 88 Oropharyngeal Airway, (all sizes) - Guedel No Sub 100 ea $0.2600 $0.3400 $0.3100 No Bid $0.3000 No Bid No Bid Guedel - No Substitutions 89 Nasopharyngeal Airway, (all sizes) - PDI No Sub 20 ea $1.9400 $2.1800 $1.4300 No Bid $2.3000 No Bid No Bid 90 Endotracheal Tube, uncuffed, sizes 2.0 thru 5.0 15 ea $1.0000 $1.0500 $1.0200 $1.1000 $1.2000 No Bid No Bid 91 Endotracheal Tube, cuffed, sizes 6.0 thru 9.0 75 ea $1.0500 $1.1000 $1.1900 $1.1700 $1.2000 No Bid No Bid 92 Endotrol Tube, sizes 7.0 thru 8.0 20 ea $6.6700 $7.2000 $8.2300 $7.7200 $15.0000 No Bid No Bid 93 Endotracheal Tube Stylet, adult 75 ea $1.7300 $2.4900 $1.8100 $1.7100 $2.7000 No Bid No Bid 94 Endotracheal Tube Stylet, pediatric 15 as $1.7300 $2.4900 $1.8100 $1.7100 $2.7000 No Bid No Bid Endotracheal Tube Stylets shall be Rusch - No Sub 95 Adult; child and infant bag/valve/mask - Ambu No Sub 80 ea $14.6800 No Bid $10.2600 $10.8500 $13.9500 No Bid $11.5000 96 Oxygen Cylinder Wrench, small, metal - LSP No Substitutions 10 ea $2.3200 $0.9400 $1.3400 No Bid $9.5000 No Bid No Bid 97 Reusable Oxygen Humidifier 10 ea $24.8800 $24.1500 $28.2000 $1.6100 $36.0000 No Bid No Bid 98 Oxg Flow Reg, all brass intml parts, 1 DISS port &1 barb 10 ea $54.9500 No Bid $58.0000 $63.3200 $145.0000 No Bid No Bid . 99 Rubber Gasket (replacement) for Oxygen Regulator 50 ea $0.2500 $0.8500 $0.4100 No Bid $0.9600 No Bid No Bid 100 Disposable Vent Circuit for Auto -vent 3000, 80 ea $4.1400 $4.9400 $5.1400 No Bid $5.1000 No Bid No Bid 101 Oxygen Supply Tubing, 7' with oxygen connections 50 ea $0.2000 No Bid $0.2200 No Bid $0.2700 No Bid No Bid Regulator, vent circuit & tubing shall be LSP - No Sub 102 Medication Nebulizer with mouthpiece and tubing 100 ea $0.7200 $0.7500 $0.4900 No Bid $0.5800 No Bid No Bid 103 End Tidal CO2 Detector, adult & pediatric - Nelcor No Sub 50 ea $8.6100 $9.3400 $13.5800 No Bid $9.5000 No Bid No Bid 104 Magill Forceps, adult and pediatric 10 ea $2.4200 $2.5600 $2.4500 No Bid $3.0000 No Bid No Bid 105 Plastic Oxygen Stem (Christmas tree) 10 ea $0.2000 $0.3000 $0.1600 No Bid $0.4500 No Bid No Bid 106 Suction Tubing, 6' in length w/connecting tips 50 ea $0.6100 $0.8200 $0.6700 No Bid $0.8000 No Bid No Bid 107 Yankauer Suction Tip, made of hard plastic 40 ea $0.5700 $0.4900 $0.5600 No Bid $0.7000 No Bid No Bid 108 Suction Tubing & Yanka+B20uer suction tip combination 50 ea $1.8100 $2.7200 $1.7000 No Bid $2.9000 No Bid No Bid 109 French Suction Cath (whistle tip), Rusch - No Sub 20 ea $0.3000 $0.3200 $0.2800 No Bid $0.3500 No Bid No Bid 110 Combitube Airway, Plastic case pkg - Kendall No Sub 20 as $45.2100 $49.0000 $38.9900 $44.8100 $45.0000 No Bid No Bid 111 Bite Stick, approximately 4" long, plastic 10 ea $0.2600 $0.2800 $0.3100 No Bid $0.4000 No Bid No Bid 112 Disposable Suction Canister w/snap-on lid, 800 cc 50 ea $1.3700 $1.5000 $1.5600 No Bid $2.2500 No Bid No Bid 113 V Vac Hand-held Suction Replacement Canister 5 as $9.7000 $10.0200 $9.7500 No Bid $10.6500 No Bid No Bid 114 V Vac Hand-held Suction System, complete kit 5 kits $55.3500 $57.2000 $55.3400 No Bid $61.0000 No Bid No Bid 115 Pediatric Pulse Oximeter finger probe, 30 ea $11.2900 $12.7000 $13.5300 No Bid $29.0000 No Bid No Bid 116 BAAM Intubation confirmation whistle 20 ea $5.2600 $5.4400 No Bid $5.94001 $6.4500 No Bid No Bid Category IVTotaIj i $6,635.70, 5,571.35 $6,791.101 $4,705.8518,977.75 No Bid 920.00 ITEM DESCRIPTION QTY UOM EMERGENCY MEDICAL SOUTH- EASTERN TRI-ANIM HEALTH BOUND TREE MATRX SUNBELT AMBU NO PRODUCTS EMERGENCY SERVICES MEDICAL LLC MEDICAL MEDICAL INC. EQUIPMENT CATEGORY V - MISCELLANEOUS ITEMS 117 Microflex Ultra One Gloves, small - xI (50/bx) - No Sub 600 boxes $5.2600 $5.9800 $4.5400 $5.7200 $5.7500 No Bid No Bid 118 Multiple Patient Triage Tags, color -coded 100 ea $0.6200 $0.6556 $0.8100 No Bid $0.8400 No Bid No Bid 119 OB Kit, contents to manage all OB emerg to include childbirth 10 kits $3.6300 $4.2000 $4.1800 $3.8200 $4.9500 No Bid No Bid 120 Emesis bag, disposable 100 as $0.7400 $1.0292 $0.9700 No Bid $0.9900 No Bid No Bid 121 Adult ECG Electrodes, 3 per pack - Blue Sensor No Sub 2000 packs $0.7200 No Bid $0.5450 $1.2700 No Bid No Bid No Bid 122 Pediatric ECG Electrodes, 3 per pack - Huggables No Sub 20 packs $0.5300 $0.5400 $0.4940 $6.9100 $0.4900 No Bid No Bid 123 ECG Electrodes for 12 lead ECGs - Blue Sensor No Sub 1000 ea $0.3100 No Bid $0.0454 $0.3020 No Bid No Bid $0.3100 124 Cardiology Stethoscope, black - Littmann No Sub 10 ea $111.7800 $116.0000 $135.3500 $126.7400 No Bid No Bid No Bid 125 Ammonia Inhalants, single use 200 ea $0.1200 $0.1050 $0.1070 $0.1076 $0.1200 No Bid No Bid 126 Pacing Pads for Physio-Control LP 10, one (1) set per pack 2 sets $37.3600 $20.7000 $34.0000 $23.9500 No Bid No Bid No Bid 127 Nasogastric Tubes, sizes 8, 12, 16, and 18 French 30 ea $0.6300 $0.9400 $0.9500 No Bid $1.9000 No Bid No Bid 128 Sharps Shuttle, quart size - Sims No Substitutions 20 ea $1.2500 $1.5200 $1.3700 No Bid $1.8000 No Bid No Bid 129 ECG Paper for Physio-Control LP 10 2 ea $1.2300 $1.3050 $0.8300 No Bid $1.8000 No Bid No Bid 130 Defibrillation gel, resealable tube 10 ea $0.9500 $1.9800 $2.1000 No Bid $1.9000 No Bid No Bid 131 Blood Pressure Cuff, adult, blue 20 ea $10.9500 $6.5500 $6.5300 No Bid $16.0000 No Bid No Bid 132 Replacement Manometer for above blood pressure cuff 20 ea $7.3500 $4.0800 $3.2300 No Bid $9.0000 No Bid No Bid 133 Blood Pressure Cuff kit to contain all sizes from infant to thigh 2 kits $76.0500 $82.0000 $94.1300 No Bid $91.0000 No Bid No Bid 134 Digital Oral Thermometer 5 ea $2.7900 $3.8200 $4.3500 No Bid $4.2000 No Bid No Bid 135 Probe Covers single use, disposable Specify pkg 125 ea $0.0180 $0.0196 $0.0254 No Bid $0.0250 No Bid No Bid 136 Isopropyl Alcohol, 16 oz bottle 10 ea $0.8500 $0.5500 $0.6900 $0.6500 No Bid No Bid No Bid 137 Hydrogen Peroxide,'16 oz bottle 10 ea $0.6100 $0.3800 $0.5300 $0.4900 No Bid No Bid No Bid 138 Benzoin Tincture Swabsticks - PDI No Sub 250 ea $0.1800 No Bid $0.2020 No Bid $0.1950 No Bid No Bid 139 Instant Cold Pack 200 ea $0.5800 $0.2708 $0.3500 $0.6038 $0.2900 No Bid No Bid 140 Instant Hot Pack, 6" x 8" 48 ea $0.6300 $0.4354 $0.4600 $0.6846 $0.3900 No Bid No Bid 141 Silver Swaddler Baby Wrap, one (1) per pkg 10 ea $3.3600 $3.4500 $1.7800 No Bid $3.5000 No Bid No Bid 142 Biohazard/infectious Waste Bag, 16 gallon 750 ea $0.1100 $0.0850 $0.0978 $0.4200 $0.2300 No Bid No Bid 143 Sharps Container, 5 quart - Kendall No Sub 50 ea $1.9900 $4.1000 $3.2600 No Bid $4.7500 No Bid No Bid 144 Isolation Kit, complete 20 kits $4.1700 $5.6800 $5.0000 $4.7600 $3.9000 No Bid No Bid 145 Isolation Mask, N95, protection against TB 400 as $0.4100 $0.6729 $0.6300 $0.7500 $0.7000 No Bid No Bid 146 Water -proof Blanket, disposable, one (1) per pkg 50 as $1.4400 $1.6400 $1.4700 $3.0800 $2.8500 No Bid No Bid 147 Morgan Eye Irrigation, one (1) per pack 20 ea $3.9500 $12.6500 $4.1100 $14.1400 $14.0000 No Bid No Bid 148 Ring Cutter 5 ea $2.7300 $4.6800 $4.8200 No Bid $12.0000 No Bid No Bid 149 Replacement Blade for Ring Cutter 5 ea $1.7000 $1.1000 $1.4100 No Bid $4.0000 No Bid No Bid 150 Sterile water for irrigation, 1000 ml bottle 50 ea $0.9600 $1.1250 $1.1900 $1.3000 $1.2000 No Bid No Bid 151 Broselow, Tape for calculating pediatric drugs 4 ea No Bid No Bid No Bid No Bid No Bid No Bid No Bid 152 Gloves, latex -free, nitrile, am - x (50/bx) - Safeskin No Sub 30 boxes $5.7900 $9.3800 $8.5200 $83.3200 $6.4500 No Bid No Bid 153 Suction Tubing Connector, disp, plastic - Kendall No Sub 30 ea $0.3600 $0.9360 $1.2100 No Bid No Bid No Bid No Bid Category V Total $7,973.07 $7,010.84 $7,318.11 $11,663.84 6,222.50 No Bid $310.00 Grand Total $45,115.37 44306.61 3,438.59 44,393.04 36,002.15 7,563.04 6,168.00 Discount from List Price on Catalog Items not Specified in Contract 10% 10% 1 10% 1 12% 13% 15% 03A Information reflects pricing only and other factors may be considered during the evaluation • ! E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 24 2003 Requested By: S. Gillett Department: Public Works Report: XX Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Bidder's List Exhibits: Appropriation Source of Funds: Utility CIP (003) Account Number: 003-9890-880-1100 Amount Budgeted: S30,000 Amount Requested: $16,585 Budgeted Item: YES SUMMARY & RECOMMENDATION The Little Cedar Bayou Wasterwater Treatment Plant currently operates with pressure chlorinators for final disinfection of effluent. Pressure chlorinators are hazardous when feed lines develop a leak. The 2002-2003 Utility CIP Fund includes funds to replace the pressure chlorinators with vacuum chlorinators, a safer system. The chlorine analyzer, which regulates chlorine dosage, is also scheduled for replacement. The analyzer and chlorinators operate as an automatic system. Sealed bid #0879 for an Automatic Vacuum Chlorination System were opened on February 24, 2003. Bids were sent to nine vendors, with four returning bids. Low bid meeting specifications was submitted by Chlorinator Maintenance Construction, Inc. in the amount of $16, 585.00. The bid includes all equipment, installation and training. Action Required by Council: Award bid for Automatic Vacuum Chlorination System to Chlorinator Maintenance Construction, Inc. in the. amount of $16, 585.00. Approved for Citv Council Agenda N�U- 6k,"N\1 I. 3-1� -e3 Debra Feazelle, ager Date BID TABULATION BID #0879 - AUTOMATIC VACUUM CHLORINATION SYSTEM DESCRIPTION QTY CHLORINATOR MAITENANCE FITCH SERVICES FOXCROFT EQUIPMENT & SERVICES MOODY BROTHERS 1) Regulators 6 $700.00 $1,150.00 $1,190.00 $1,954.00 2) Mounting Kits 6 $425.00 $490.00 $420.00 $340.00 3) Valve 1 $1,000.00 $2,040.00 $1,888.00 $2,048.00 4) Automatic Feeder 0 - 500 Ib/d 1 $2,000.00 : $3,920.00 $1,775.00 $7,134.00 5) Automatic Feeder 0 -1,000 Ib/d 1 $2,000.00 $4,580.00 $2,475.00 $9,179.00 6) Rotometer 0 - 500 Ib/d 1 $400.00 $1,035.00 . $736.00 Included 7) Rotometer 0 - 1,000 Ib/d 1 $900.00 $2,590.00 $1,595.00 Included 8) Residual Analyzer 1 $2,000.00 $5,205.00 $2,650.00 $6,872.00 9) Installation & Set-up 1 $1,000.00 $3,500.00 $16,121.00 $14,930.00 10) Preventative Maintenance Kits for: Regulators 6 $70.00 $120.00 $400.00 $186.00 Automatic Feeder 0 - 500 Ib/d 1 $50.00 $120.00 $75.00 $85.00 Automatic Feeder 0 -1,000 Ib/d 1 $65.00 $120.00 $75.00 $170.00 11) Training 4 No Charge $125.00 $100.00 $65.00 Total $16,585.00 $34,170.00 $39,850.00 $56,658.00 Information reflects pricing only and other factors may be considered during the evaluation process 0. 0 .y 11 BIDDER'S LIST SEALED BID #0879 AUTOMATIC VACUUM CHLORINATION SYSTEM CHLORINATOR MAINTENANCE CO. 2905 SAN AUGUSTINE PASADENA, TX 77503 GTI GLOBAL TREAT INC. P.O. BOX 681625 HOUSTON, TX 77268-1625 MOODY BROS. INC. 9909 TANNER RD. BLDG. HOUSTON, TX 77041 CHLORINATORS INC. 1044 S.E. DIXIE CUTOFF RD . STUART, FL 34994 INCHLOR SERVICES INC. P.O. BOX 128 BRIDGE CITY, TX 77611 FOXCROFT EQUIP & SERVICES E 2101 CREEK ROAD GLEN MOORE, PA 19343 2/19/03 FAXED BID QUEST TECHNOLOGIES PO BOX 2177 FRIENDSWOOD, TX 77549-2.177 02/19/03 - FAKED ADDENDUM FITCH SERVICES INC. PO BOX 278 CYPRESS, TX 77410 02/19/03 - FAKED ADDENDUM BAYSHORE SUN PUBLISH DATES: FEBRUARY 9, 2003 FEBRUARY 16, 2003 HYDRO INSTRUMENTS P.O. BOX 615 QUAKER TOWN, PA 18951 02/19/03 - FAXED ADDENDUM CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996