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-
•
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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
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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
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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
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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
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(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.
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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.
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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
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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.
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• 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
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J \ FAINO f PARK / / —A
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WEST CENTRAL
FAIRMONT PARK -
EAST
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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.
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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.
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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