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2013-04-11 Regular April 2013 Term Held April 11, 2013 THE STATE OF TEXAS COUNTY OF CALHOUN !i ~ !i BE IT REMEMBERED, that on this 11th day of April, A.D., 2013 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Kenneth W. Finster Anita Fricke Suzana Eckermann County Judge Commissioner, Precinct # 1 Commissioner, Precinct #2 Commissioner, Precinct #4 County Clerk Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Lyssy led the Pledge to the Texas Flag. APPROVE MINUTES OF DECEMBER 19, 2012 AND DECEMBER 27, 2012 MEETINGS: A Motion to approve the minutes of December 19, 2012 and December 27, 2012 was made by Commissioner Galvan and seconded by Commissioner Finster. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Special December Term Held December 19, 2012 THE STATE OF TEXAS COUNTY OF CALHOUN !i ~ !i BE IT REMEMBERED, that on this 19'h day of December, A.D., 2012 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Nell Fritsch Kenneth W. Finster Anita Fricke Suzana Eckermann County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Deputy County Clerk Judge Pro-tem Fritsch. called the meeting to order and conducted business until the arrival of Judge Pfeifer at 10: 15 A.M. Regular December Term Held December 27, 2012 THE STATE OF TEXAS !i ~ !i COUNTY OF CALHOUN BE IT REMEMBERED, that on this 27'" day of December, A.D., 2012 there was begun and holden in the Commissioners' Courtroom In the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil Fritsch Kenneth W. Finster Suzana Eckermann County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. MEMORIAL MEDICAL CENTER REPORT: CEO Report for the month of March 2013: Jason Anglin: Memorial Medical Center presented their report for the month of March 2013. February net income of $27,585. March's financial operating results produced a net monthly income of $72,014. Patient census was down from an average of 18 to 16.39 in the month. UPL Program/Waiver 1115 Program: Still waiting on CMS approval on the Waiver project submissions. It will be a number of months before hearing back from them. Uncompensated Care payments for last year will be refunded back to us. Should be about $574,000. The second year of the waiver paid back at 60%. Still have more money back than we used to get under the old program. Money for is being set aside in a separate account. Disproportionate Share Hospital (DSH) Program: Last month MMC received a letter from the State indicating that we no longer qualified for the DSH program. The State is in the process of reassessing the qualifications. MMC's statistics have not changed dramatically so on the surface it does not make sense that MMC would not qualify. Last year MMC received approximately $420,000 in payments under the DSH program. Update: Received a letter indicating that we do not qualify. Went through the calculations with Billy Carlton from BKD. Have requested additional information from the State and will be working on submitting additional information. Cost Reports: Still need to file amended cost reports for 2010 and 2011. Annuai Audit: Auditors have completed their onsite work and expect them to present the Annual 2012 Audit by end of April. Physician Recruiting: Area most active is recruiting for OB/GYN positions. Dr. Ciemente (OB/GYN) leaving May 3". New Programs: Working towards opening up the outpatient behavior health program. Board Items: 1. Healthcare Professional Insurance & General Liabilty: renewed with a savings of $11,000 a year over last year's 2. Health Insurance Exchange Participation Agreement with Southeast Texas Health System for electronic medical records 3. Feasibility Study of Port Lavaca Clinic becoming a hospital based clinic 4. Election of officers CFO Report for the month of February 2013: Rick Hart: February's net monthly income was $27,585. Gross revenue lower than in January and expenses were higher. Total inpatient days were down 99 over January's totals. Acute and obstetric days down154 days. Swing bed days were up 55 days from last month. The average daily census was down (16.39) and average length of stay down (3.59). Total cash showed increase of $560,672. Have a total cash on hand for approximately 62 days; excluding Private Waiver 1115 Clearing Account funds, have a total cash on hand for 46.46 days. Gross patient revenue decreased $409,026 from January and total expenses were up $58,316 from January. Year to date MMC's net income is $72,014. Memorial Medical Center" Port Lavaca, TeKas '----/ CEO Report March 2.2., 2013 Financial Results: In March we had a net income of $27,585 increasing our net Income to $72,014 for the year. Our patient census was down from an average of 18 to 16.39 in the month. UPL Prol!ram I Waiver 1115 Prol!ram We are waiting on eMS approval on our Waiver plan submissions. (Oisorooortionate Share Hosoital (OSHl Prol!ram Last month I reported that we recently received a letter from the State indicating that we no longer qualify for the DSH program. .....--./ In response we contacted our accounting firm BKD to assist us in reviewing the data to ensure that their determination is correct. The first step in this process is to request detailed data from the State. Once this data is received BKD can help us analyze if there is an error in the data. On the surface the determination that we do not qualify does not make since. Our base statistics have not changed dramatically from one year to the next. In one of the qualifying statistic calculations in the prioryear MMC was listed at 45% and in 2012 listed at 21% with 24% needing to qualify. A few days after receiving the letter, we were notified by email that there was an error in calculations for DSH qualifications and the State was reassessing. Based on other reports on the DSH program, the State still has listed in a category of questionable of qualifying. Thus, if and when we reCeive a new letter from the State we will begin the process of requesting the detail data to review and dispute_ Again, our base statistics have not changed dramatically so on the surface does not make since that MMC would not qualify. In theory if we no longer receive payments from the DSH program, MMC would receive higher payments under the Uncompensated Care (UCC) part of the Waiver 1115 program and therefore would receive a majority of what we received as DSH payments as UCC payments. However, we want to do what we can to remain qualified for the DSH program. Last year MMC received approximately $420,000 in payments under the DSH program. Ulldate: \,..-.... We have received the letter again indicating that we do not qualify. Yesterday, I went thru the calculations with Billy Carlton from BI(D. We have requested additional information from the State and next week we will be working on submitting additional information. No guarantee's but ultimately I '-.j think we will qualify. Cost Reoorts: At this point we have on our to-do list to file amended cost reports for 2010 and 2011. Annual Audit Auditors have completed their onsite work and I am expected them to present the Annual Audit in April or May. PhysiCian recruiting uDdate: We remain active in this area. New Pro~rams We continue to work towards opening up the outpatient behavior health program. Information on Board Items: 1. Healthcare Professional Insurance & General Liability Insurance- I have posted these on the agenda as separate items since last year's insurance carrier listed each separately. However, I anticipate combining into one since the competing quote addresses both combined. "'-/ Last year our cost for both was $46,330. To renew with the same insurance carrier, the cost at the same coverage level is $49,020. We received a quote from CNA of $35,057. Each carrier also provided another quote at a lower insurance level. 2. Health Insurance Exchamm Participation Al!reement with Southeast Texas Health Svstem - This agreement supports key elements of meeting Meaningful Use criteria for Eiectronic Health Records. The cost Is $7,500 initial set up fee and $1,000 per month. 3. Feasibilitv Study of Port Lavace Clinic becomlnl! a hospital based clinic- At this time I would lille to engage BI<D to complete a study of PlC becoming a hospital clinic. Recently I met with the Physicians at PLC and they express continued interest. Thus I believe the next step would be to complete an external study. 4. Elections of Officers- It the time of year to elect officers for the next 12 months. Respectfully, Jo"~ Memorial Medical Center Memorial Medical Center '-.-/ CFO Report Month of: FEBRUARY 2013 Overview: February financial operations resulted in a net monthly income of $27,585. Gross revenue was lower than in January, as were reductions of revenue. Expenses were higher than the prior month's totals. Statistics: For the month, total hospital inpatient days were down by 99 days from January's totals. Acute and obstetric combined days were down 154 but swing bed days were up 55 from last month. Average Daily Census was down from January, to 16.39 ADC. Average acute care length of stay decreased to 3.59. Volume indicators were higher than in January and in such areas as swing bed days, observation patients and hours, outpatient and specialty clinic visits, total surgeries and endoscopies, radiology, respiratory therapy and physical therapy procedures.. Decreases in volume indicators were reported in patient days, admissions, ADe, ALOS, deliveries, lab procedures, ER visits and pharmacy services. ....-/ Balance Sheet: Total cash showed an increase from the prior month of $560,672. MMc has $2,196,410 in operating cash, $900,292 in the new Private Waiver 1115 Clearing Account and $500,000 in CD investments, with a total balance of $::l,596, 702. This provides total cash on hand of almost 62 days of cash on hand. Excluding the Private Waiver 1115 Clearing Account funds, days cash on hand equals 46.46 days. The schedule provided monthly to show what the hypothetical impact would be on its cash balance ifthe estimated amount due Medicare were to be taken from its current cash balance also reflects this change. The amount in the new Private Waiver 1115 Clearing Account, because of its intended obligation to fund future Private Waiver requirements, has been eliminated from the funds reported as available to pay any Medicare or other ::lrd Party liability. Only the operating cash balance and the CD investment balance are now reflected in the following table: October November December January Februarv Cash $2,723,243 $2,568,499 $2,441,519 52,285,855 $2.696,410 Medicare Payabie $ 0 $ 0 $ 0 $ 0 $ 0 Net Cash After Deducting ,'--..... Medicare Payable $2,723,243 $2,568,499 $/.,441,519 $2,285,855 $2,696,410 '..._...~ Estimated Cash Increase / (Decrease) From the Prior Month ($ 178,128) ($ 154,744) ($126,980) ($ :1.55,664) $410,555 Income Statement: Gross patient revenue showed a decrease of $409,026 from January. Reductions of revenue were down $361,685 from the prior month. Total expenses were up $58,316 from January. In the month of February, a year-to-date net accrual of $78,278 was bool<ed for the estimated uce payments. While specific information has not yet been released, MMC conservatively estimated the net uee payments. Year-to-Date, MMC's net income is $7:1,014. 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",' ~ ~ " o . ~ " ~ g gill ~ ~ ~ @ M ~ !D. 0 ~ ~6~E ~ ~ ~ ~ Iii lu 5 Iii :<: z ~ z , o i o . o " " o ~ m < Iii Z o Z < ~ ~ ~ o ~ o e Memorial Medical Center Income Statement For the Month Ended Februarv 28, 2013 Current Period Revenue Fiscal Year To Date Actual This Budget This last Year Month Month Actual Actual YTD Budget YTD last Year YTD $1,391,316 $1,379,089 $1,282,163 Inpatient Revenues $3,077,356 $2,758,177 $2,864,992 $2,996,894 $4,234,243 $2,991,238 Outpatient Revenues $6,108,090 $8,468,487 $6,010,174 $4,388,210 $5,613,332 $4,273,401 Total Patient Revenue $9,185,445 $11,226,664 $8,875,166 Revenue Deductions $2,130,683 $2,703,532 $1,757,282 Contractuals $4,502,897 $S,407,063 $4,019,858 $40,501 $95,068 $57,557 Charity $104,781 $190,136 $131,166 $48.134 $61,338 -$41,296 Indigent Care $120,925 $122,676 $12,278 -$35,000 -$45,349 -$41,853 Disproportionate Share -$70,000 -$90,698 -$83,706 $533,606 $S46,597 $916,182 Bad Debt $1,273,380 $1,093,194 $1,552,322 $2,717,924 $3,361,186 $2,647,872 Total Revenue Deductions $5,931,983 $6,722,372 $5,631,918 $1,670,286 $2,252,146 $1,625,529 Net Patient Revenue $3,253,462 $4,504,292 $3,243,248 $30,495 $73,227 $31,105 Other Operating Revenue $S8,726 $146,454 $72,819 $1,700,781 $2,325,373 $1,656,634 Total Operating Revenue $3,312,188 $4,650,746 $3,316,067 Current Period Operating Expenses Fiscal Year To Date Actual This Budget This last Year Month Month Actual Actual VTD Budget VTO last Year YTO $645,863 $830,38S $631,010 Salaries & Wages $1,354,531 $1,660,771 $1,317,737 $116,513 $222,030 $235,314 Employee Benefits & PR Taxes $235,894 $444,060 $410,486 $378,607 $565,364 $301,896 Professional Fees $671,107 $1,130,728 $574,660 $146,749 $180,739 $166,632 Purchased Services $268,249 $361,479 $365,179 $231,926 $268,073 $196,520 Supplies $454,090 $536,146 $393,972 $1,649 $19,368 $4,860 Insurance $7,416 $38,737 $16,405 $40,722 $S3,180 $37,518 Utilities $77,394 $106,360 $80,544 $62,981 $131,158 $61,063 Other Expenses $122,911 $262,316 $183,146 $1,625,010 $2,270,298 $1,634,813 Total Operating Expenses $3,191,590 $4,540,596 $3,342,129 $78,864 $109,637 $84,291 Depreciation $157,840 $219,273 $168,398 $1,703,874 $2,379,934 $1,719,104 Total Expenses $3,349,430 $4,759,869 $3,510,527 -$3,093 -$54,561 .$62,470 Net Operating Income / (loss) -$37,242 -$109,123 -$194,460 Non Operating Income / (Exp) $441 $565 $366 Investment Income $1,086 $1,131 $540 -$1,522 $0 -$2,143 Interest Expense -$3,097 $0 -$4,337 $0 $2,500 $24,500 Contributions and Grants $0 $5,000 $24,498 -$206,172 -$377,338 -$68,503 IGT Expense -$356,172 -$754,676 -$116,138 $237,931 $437,168 $187,589 Service Contribution by SOH $467,439 $874,335 $361,906 $30,678 $62,895 $141,809 Total Non-Operating Revenue $109,2S6 $12S,790 $266,469 $27,585 $8,333 $79,339 Total Net Income / (loss) $72,014 $16,667 $72,009 ~ N .... 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O_~I 3:&:<11(1) W W W I 0 O~w~ Z ~ WOO W Z ~ ~ ~.~ 1: '" 2l j;t ~~ ~ ~ 5 I ~~~~ ZO ~ ~ .~~*;g~l!:ll~ ~ ~~ I J:~ffi<t: w ~ ~ ~ ~ '" ~ ~ 1Il c...... e &: ::,-::e '" W 3[~~ roEe;:l::!"':i3= ~ 3 ~ 0 ~ 0 U)wn.n.(f)..5=:10 g ;38 ~ 0 0 -5- MEMORIAL MEDICAL CENTER CAPITAL ACQUISITIONS FOR PERIOD ENDED 2/28/13 MONTH DESCRIPTION I DEPT BUILDING EQUIPMENT TOTAL 01/13 CPSI NT SERVER - DOWN PAYMENT I 4,848 4,848 - CPI- HOSPITAL RENOVATION 2013 4,624 - 4,624 SUB TOTAL JANUARY 4,624 4,848 9,472 02/13 VAPOR PRESSURE OSMOMETER - 8,250 8,250 CPSI SERVER INSTALL - 6,750 6,750 CPI- HOSPITAL RENOVATION 2013 909 - 909 SUB TOTAL FEBRUARY 909 15,000 15,909 TOTAL $ 5,533 $ 19,848 $ 25,381 -6- MEMORIAL MEDICAL CENTER PATIENT ACCOUNTS RECEIVABLE FEBRUARY, 2013 AGED TRIAL BALANCE: ORIGINAL. Based on time of admission I FINANCIAL CLASS < 30 31> 60 61> 90 91> 120 > 121 TOTAL MEDICARE $ 2,319,327 582,924 164,779 13S,500 692,488 3,89S,017 % 59.6% 15.0% 4.2% 3.5% 17.8% 41.8% MEDICAID $ 144,790 219,800 121,532 22,8S1 279,591 788,565 % 18.4% 27.9% 15.4% 2.9% 35.5% 8.5% BCBS $ 540,893 196,850 71,896 78,9S1 147,404 1,035,995 % 52.2% 19.0% 6.9% 7.6% 14.2%, 11.1% COMMERCIAL $ 548,023 253,186 125,651 139,784 S72,988 1,639,631 % 33.4% 15.4% 7.7% 8.5% 35.0% 17.6% PRIVATE $ 615,989 562,512 415,837 288,358 236,643 1,960,031 % 23.3% 28.7% 21.2% 14.7% 12.1% 21.0% TOTAL $ 4,009,714 1,815,273 899,695 665,444 1,929,114 9,319,239 % 43.0% 19.5% 9.7% 7.1% 20.7% 100.0% NOTE -- Amounts and percentages may sum to '+' or ,~' 1 and 1% of the total or 100%, respectively, of their particular category due to rounding, AVERAGE DAYS IN PATIENT ACCOUNTS RECEIVABLE: DECEMBER 2012 JANUARY FEBRUARY MARCH APRIL MAY JUNE GROSS 67.52 66.16 62.99 #DIV/O! #DIV/OI JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER #DIV/OI #DIVlO! #DIVlOI #D!V10! #DIV/OI #DIV/O! AGED TRIAL BALANCE: CURRENT FINANCIAL CLASS SOURCE: ACCOUNTANT'S REPORT I FINANCIAL CLASsl < 30 31> 60 61> 90 91> 120 > 121 TOTAL MEDICARE $ 1,761,572 438,828 64,313 77 ,320 335,414 2,677,447 % 65.8% 16.4% 2.4% 2.9% 12.5% 28.6% MEDICAID $ 334,410 265,503 112,374 16,394 95,132 823,813 % 40.6% 32.2% 13.6% 2.0% 11.5% 8.8% BCBS $ 502,429 124,360 36,933 34,710 15,888 714,320 % 70.3% /17.4% 5.2% 4.9% 2.2% 7.6% COMMERCIAL $ 582,465 259,102 94,643 102,892 409,257 1 ,448,359 % 40.2% 17.9% 6.5% 7.1% 28.3% 15.5% PRIVATE PAY $ 684,170 749,398 570,207 491,222 888,788 3,383,785 % 20.2% 22.1% 16.9% 14.5% 26.3% 36.1% IN HOUSE $ 704,515 28,984 - 658 11,974 746,130 % 94.4% 3.9% 0.0% 0.1% 1.6% 8.0% CREDITS $ (419,369) . - . - (419,369) % 100.0% 0.0% 0.0% 0.0% 0.0% -4.5% HOME HEALTH $ . - . . - - % TOTAL 4,150,191 1,866,175 878,470 723,195 1,756,454 9,374,486 % 44.3% 19.9% 9,4%J 7.7% 18.7% 100.0% NOTE ~~ Amounts and percentages may sum to '+' or '-' 1 and 1% of the total or 100%, respectively, of their particular category due to rounding. -7- 2~ cO ~ ~ M ~~;; :c ~ M ~C)~ ~ ~ ~ ~ <2 . w ~ :5 eN r- o.n f-t::08~ >- 'M ~ . ~ ::!<<po.n~::!< (ONr-o.no:> g:;}:3;t~ w w '" w '" ~ w u w o '" w '" ~ w 1> z '" w '" o t; o '" w '" ~ w ... .. w V> ... 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':; VI E 0> , " 'E ~ ..c . " 0 <<:ii :ii . . . E ~ ::2~ > c .~ ~ 5co a. ~ = ~ ~ '" "iO ";:: :u c '<3: \..: 2: 3= 3: ~ ~ III .2 '0 _ IDO~&~~:il E (l) :::I ... III (U a. ~~g.1:~~S o :ii 2 ::>:.2 0$ 00 c c~ i!..Q ~ :::I .~ o '" E ~ " " -2 E . E ro " ~ .!!! :::I w:ii ~ 'iii ~~ '~E'~ ~..c~~5~~ :;: Wa... ...J '0 c: V1 fll ~cEE'~.~~uo ~~.Q.Q0ii5V10 -!1~ ~ ~ ~~ n~ . . " . Q:ii gg8g~~g8~~~~~~~~ggg~~~g~S~~~~g~ gg~~gg~gg~g~ggg~g~g~gg~gggg~g~o "3"O...-lrloooooOO'oOO~OO'llllOOOOOO'lO'lOO'lOOO'lONO -15- c . , >~ 61~ z'" '0.::; .0", ~ ~ MEMORIAL 14EDICAL CENTER CHECK REGISTER 02/01/13 THRU 02/28/13 BANK--CHECK---------------------------------------------------- CODE NUlIBER DATE AJoIOUNT PAYEE RUN DATE.03/20/13 TnlE.08.45 PAGE 1 GLCKREG ------------------------------------------------------------------------------------------------------------------------------------ AlP lS1740 02/07/13 6,449.05 OIINI-PORT LAVACA 07, L. AlP 151741 02/07/13 272.00 CHRIS KOVAREK AlP 151742 02/07/13 400.00 PORT LAVACA CIIDIBER OF AlP lS1743 02/07/13 9,472.87 US FOOD SERVICE AlP 151744 02/07/13 1,151. 60 CENTURION MEDICAL PRODU AlP 151745 02/07/13 .00 VOIDED AlP 151746 02/07/13 .00 VOIDED AlP 151747 02/07/13 .00 VOIDED AlP 151748 02/07/13 3,565.24 DEWITT POTH & SON AlP 151749 02/07/13 3,574.14 1~IC EMPLOYEE BENEFITS AlP lS1750 02/07/13 121. 28 PURE FORCE AlP 151751 02/07/13 12,607.08 MORRIS & DICKSON CO, LL AlP 151752 02/07/13 4,293.41 LUMINANT ENERGY COl!PANY AlP 151753 02/07/13 210.00 RED HUMJoIINGBIRD PHOTOGR AlP 151754 02/07/13 1,200.00 RAUSHANAH I!ONDAY AlP 151755 02/07/13 1,242.03 CAREFUSION 2200, INC AlP 151756 02/07/13 157.65 FIVE STAR STERILIZER SE AlP 151757 02/07/13 76.25 FAGAN ANSWERING SERVICE AlP 151758 02/07/13 2,032.20 AUSTIN MEDICAL PRACTICE AlP 151759 02/07/13 168.55 STRYKER SUSTAINABILITY AlP lS1760 02/07/13 4,585.00 NCKESSON AUTOllATION INC AlP 151761 02/07/13 391.45 HEALTH EQUIPMENT SERVIC AlP 151762 02/07/13 745.25 HEALTHCARE CODING & CON AlP 151763 02/07/13 749.00 JOHN CARAWAY AlP 151764 02/07/13 206.60 GULF COAST HARDWARE I A AlP 151765 02/07/13 18.45 ACTION WJoIBER AlP 151766 02/07/13 33.60 A1!ERISOURCEBERGEN DRUG AlP 151767 02/07/13 192.09 CARDINAL HEALTH AlP 151768 02/07/13 244.00 ASSAY TECHNOLOGY AlP 151769 02/07/13 382.61 AT&T 1,IOBILITY AlP 151770 02/07/13 1,027.12 C H HARD INC AlP 151771 02/07/13 783.64 BAXTER HEALTHCARE CORP AlP lS1772 02/07/13 87.45 BOSART LOCK & KEY INC AlP 151773 02/07/13 626.00 BOSTON SCIENTIFIC CORPO AlP 151774 02/07/13 1,013.88 CHANNING L BETE CO INC AlP lSI775 02/07/13 40.40 CCR MEDICAL, INC AlP 151776 02/07/13 77.37 COOPER SURGICAL INC AlP 151777 02/07/13 120.60 CPSI AlP lS1778 02/07/13 1,016.11 SIEMENS HEALTHCARE DIAG AlP lS1779 02/07/13 91.00 A1!Y DAY AlP 151780 02/07/13 35.00 DARLING INTERNATIONAL I AlP 151781 02/07/13 407.S6 PATRICIA DIEBEL AlP lS1782 02/07/13 362.85 DIVERSIFIED BUSINESS SY AlP 151783 02107/13 510.91 DRAGER MEDICAL AlP lS1784 02/07/13 282.54 lUSTY PASS~IORE AlP 151785 02/07/13 481. 00 EAGLE FIRE & SAFETY INC AlP lS1786 02/07/13 255.53 ELECTRO CAP INTERNATION AlP 151787 02/07/13 3,195.17 FISHER HEALTHCARE AlP 151788 02/07/13 100.00 GULF COAST DELIVERY AlP 151789 02/07/13 149.20 GULF COAST PAPER COMPAN -16- MEMORIAL MEDICAL CENTER CHECK REGISTER 02/01/13 THRU 02/28/13 BANK--CHECK---------------------------------------------------- CODE NU!~BER DATE MIOUNT PAYEE RUN DATE: 03/20/13 TnlE:08:45 PAGE 2 GLCKREG ___________~NMM__________________________________________________________________________________________________M__________________ AlP 151790 02/07/13 380.75 H E BUTT GROCERY AlP 151791 02/07/13 102.26 INDEPENDENCE MEDICAL AlP 151792 02/07/13 1,796.41 INFOLAB INC AlP 1S1793 02/07/13 777.54 JOHNSON & JOHNSON AlP 151794 02/07/13 .00 KONICA IUNOLTA AlP 15179S 02/07/13 68.97 KRAI~ES AlP 151796 02/07/13 4,625.27 ~lARKETLAB, INC AlP 151797 02/07/13 410.58 MERRY X-RAY/SOURCEONE H AlP 151798 02/07/13 3,750.00 NUTRITION OPTIONS AlP 151799 02/07/13 .00 VOIDED AlP 151800 02/07/13 5,914.85 OWENS & ~IINOR AlP 151801 02/07/13 278.80 R G & ASSOCIATES INC AlP 151802 02/07/13 27.S6 RED HANK AlP 151803 02/07/13 25.00 RADIOLOGY UNLIMITED, PA AlP 151804 02/07/13 145.68 DIAGNOSTICA STAGO, INC. AlP 151805 02/07/13 129.40 SHERWIN NILLIMIS AlP 151806 02/07/13 832.25 SIEMENS MEDICAL SOLUTIO AlP 151807 02/07/13 283.00 SKIP'S RESTAURANT EQUIP AlP 151808 02/07/13 5,159.00 SO TEX BLOOD & TISSUE C AlP 151809 02/07/13 223.88 SOUTHNEST TEXAS EQUIPI1E AlP 151810 02/07/13 50.96 THE ST JOHN COlIPANIES, AlP 151811 02/07/13 2,700.00 STACY SYSTEMS INC AlP 151812 02/07/13 2,166.23 SYSCO FOOD SERVICES OF AlP 151813 02/07/13 5,222.34 TEAM REHAB AlP 151814 02/07/13 984.71 TLC STAFFING AlP 151815 02/07/13 275.60 TRI-ANIM HEALTH SERVICE AlP 151816 02/07/13 74.95 UNIFORM ADVANTAGE AlP 151817 02/07/13 2,705.40 UNIFIRST HOLDINGS INC AlP 151818 02/07/13 733.73 UPS AlP 1S1819 02/07/13 101.81 VERIZON SOUTH11EST AlP 151820 02/07/13 208.00 DEBORAH NITTNEBERT AlP 1SlS21 02/07/13 1,144.00 BLUE CROSS OF MICHIGAN AlP 151822 02/07/13 30.00 PATRICIA TORRES A/P 151823 02/07/13 25.00 ERIKA ROJAS AlP 1S1824 02/07/13 83.86 AMERIGROUP AlP 1S1825 02/12/13 1,000.00 U S POSTAL SERVICE AlP 151826 02/14/13 10,320.70 OMNI-PORT LAVACA 07, L. AlP 151827 02/14/13 750.00 JAMES A DANIEL AlP 151828 02/14/13 .00 VOIDED A/P 1S1829 02/14/13 .00 VOIDED AlP 151830 02/14/13 1,835.34 DENITT POTH & SON AlP 1S1831 02/14/13 400.00 l'IILLIAI,1 E HElKAIIP, TRUS AlP 151832 02/14/13 495.00 WILLIAM E HEITKAlIP, TRU AlP 151833 02/14/13 3,300.00 ~mlC EMPLOYEE BENEFITS AlP 1S1834 02/14/13 1,812.75 VISA AlP 151835 02/14/13 11,046.60 BR HEALTHCARE SERVICES AlP 1S1836 02/14/13 1,059.60 ALLIED NASTE SERVICES # AlP 151837 02/14/13 ~ 612.S0 SIGN AD, LTD. AlP 151838 02/14/13 295.00 OSCAR TORRES AlP 151839 02/14/13 150,000.00 PRIVATE NAIVER CLEARING AlP 151840 02/14/13 801.00 KINGS LEE JANUARY -17- MEMORIAL MEDICAL CENTER CHECK REGISTER 02/01/13 THRU 02/28/13 BANK--CHECK---------------------------------------------------- CODE NUMBER DATE A1~OUNT PAYEE RUN DATE:03/20/13 TIME,08:45 PAGE 3 GLCKREG _____~~~__________RN______________~_________________________________________________________________________------------------------ AlP 151841 02/14/13 2,S18.60 ANDERSON CONSULTATION S AlP 151842 02/14/13 515.23 ALPHA TEC SYSTEMS INC AlP 151843 02/14/13 25.00 CAL COJ.! FEDERAL CREDIT AlP 1S1844 02/14/13 40.00 CALHOUN COUNTY WASTE J.!G AlP 151845 02/14/13 1,S49.90 CENTRAL DRUGS AlP 151846 02/14/13 1,440.00 SUDDENLINK MEDIA AlP 1S1847 02/14/13 301.98 CPSI AlP 151848 02/14/13 55.75 EDWARDS PLUMBING INC AlP 1S1849 02/14/13 43.76 FEDERAL EXPRESS CORP. AlP 151850 02/14/13 13,211.00 ROBERTS, ROBERTS & ODEF AlP 151851 02/14/13 1,000.00 GENEVIEVE OSORNIA AlP 151852 02/14/13 134.90 PANACEA HEALTHCARE SOLU AlP 151853 02/14/13 1,060.00 REBECCA 11ALONE AlP 151854 02/14/13 2,SOO.00 J.!EJ.!ORIAL llEDICAL CENTER AlP 151855 02/14/13 29S.00 NATIONAL RECALL ALERT C AlP 1S1856 02/14/13 155.00 RADIOLOGY OOIJ.lITED, PA AlP 151857 02/14/13 398.72 DANETTE BETHANY AlP 151858 02/14/13 8,837.00 TEXAS lWTUAL INSURANCE AlP 1S1859 02/14/13 133.90 TEXAS WIRED IRJSIC INC AlP 1S1860 02114/13 1,043.37 THYSSENKRUPP ELEVATOR C AlP 151861 02/14/13 154.90 TG AlP 1S1862 02/14/13 56.58 UNIFIRST HOLDINGS INC AlP 1S1863 02/14/13 151. 50 UNITED WAY OF CALHOUN C AlP 151864 02/14/13 172.40 THE VICTORIA ADVOCATE AlP 151865 02/14/13 3,602.66 WATERJolARK GRAPHICS INC AlP 151866 02/14/13 652.00 CASHIER AlP 151867 02/14/13 10.00 HORACE EVANS AlP 151868 02/14/13 121. 42 HUlIANNA HEALTHCARE AlP 151869 02/14/13 91.00 HUl4ANA HEALTHCARE AlP 151870 02/14/13 150.00 JOYCE BRAU AlP 151871 02/14/13 27.68 JOHN T SHAil AlP 151872 02/14/13 26.72 TSAI JU HUANG AlP 151873 02/14/13 153.70 CYNTHIA K CUELLAR AlP 151874 02/14/13 24.00 DONNA KAY BAROS AlP 151875 02/14/13 168.75 BOB B BONAR AlP 1S1876 02/14/13 238.78 CHRIS NOJIRI AlP 1S1877 02/14/13 75.00 KELLY A GRONES AlP 151878 02/14/13 S4.20 JONATHAN llAURI SHYTLES AlP 1S1879 02/14/13 20.00 CARL I~CCLURG AlP 151880 02/14/13 93.00 SHAUN AGUIRRE AlP 1S1881 02/14/13 240.00 JoIING FU LIN AlP 151882 02/14/13 98.98 THERESIA DEBAULT AlP 151883 02/14/13 100.00 LISA CHEN AlP 151884 02/14/13 27.51 AETNA AlP 151885 02/14/13 58.61 HUl4ANA HEALTHCARE AlP 151886 02/14/13 17.84 AETNA AlP 151887 02/14/13 58.61 HUl4ANA HEALTHCARE AlP 151888 02/14/13 97.37 BLUE CROSS BLUE SHIELD AlP 1S1889 02/15/13 15,000.00 TEAJo! REHAB AlP 151890 02/15/13 1,200.00 US POSTAL SERVICE AlP 1S1891 02/21/13 111.52 FILTER TECHNOLOGY CO, I -18- MEMORIAL MEDICAL CENTER CHECK REGISTER 02/01/13 THRU 02/28/13 BANK--CHECK---------------------------------------------------- CODE NUlIBER DATE AMOUIIT PAYEE RUN DATE:03/20/13 TmE:08:45 PAGE 4 GLeKREG _________________________MNM__________________________________M_____________________________________________------------------------ AlP 151892 02/21/13 621. 31 CUSTOM MEDICAL SPECIALT AlP 151893 02/21/13 2,626.58 PHILIPS HEALTHCARE AlP 151894 02/21/13 962.50 NATUS MEDICAL INC AlP 151895 02/21/13 9,166.67 HITACHI MEDICAL SYSTEMS AlP 151896 02/21/13 22,688.57 SUllTRUST EQUIPMENT FINA AlP 151897 02/21/13 1,842.43 CENTURION MEDICAL PRODU AlP 151898 02/21/13 93.39 NIHON KOHDEN AlP 151899 02/21/13 638.16 THERMO FISHER SCIENTIFI AlP 151900 02/21/13 2,586.16 ALERE NORTH AllERICA INC AlP 151901 02/21/13 .00 VOIDED AlP 151902 02/21/13 27,136.97 MORRIS & DICKSON CO, LL AlP 151903 02/21/13 826.14 PLATINUlI CODE AlP 151904 02121/13 325.00 ROGERS HOME MEDICAL AlP 151905 02121/13 600.00 TELE-PHYSICIANS, P.A. AlP 151906 02/21/13 18.06 QUEST DIAGNOSTICS AlP 151907 02/21/13 179.51 CAREFUSION 2200, INC AlP 151908 02/21/13 163.96 GLOBAL EQUIPMENT COMPAN AlP 151909 02121/13 248.80 CENTURYLINK AlP 151910 02/21/13 458.33 INNOVATIVE X-RAY SERVIC AlP 1S1911 02/21/13 275.96 SIEMENS INDUSTRY, INC. AlP 1S1912 02/21/13 495.00 FASTHEALTH CORPORATION AlP 151913 02/21/13 570.00 CHRIS RAl!IREZ, JR. AlP 1S1914 02/21/13 2,436.14 LeA BANK CORPORATION AlP 151915 02/21/13 4,398.70 CLINICAL PATHOLOGY AlP 1S1916 02/21/13 140.00 WAGEWORKS AlP 151917 02/21/13 5,140.00 PROVIDENCE HEALTHCARE S AlP 151918 02/21/13 343.75 HEALTHCARE CODING & CON AlP 1S1919 02/21/13 3,500.00 WORKSPACE SOLUTIONS, IN AlP 151920 02/21/13 371.40 ROBERT T HARDY AlP 151921 02/21/13 23,384.87 ALLIED BENEFIT SYSTEMS AlP 1S1922 02/21/13 130.82 GULF COAST HARDWARE I A AlP 151923 02/21/13 1,039.74 Al!ERISOURCEBERGEN DRUG AlP 151924 02/21/13 3,114.00 ALCON LABORATORIES INC AlP 151925 02/21/13 2,386.2S AIRGAS-SOUTffi~ST AlP 151926 02/21/13 3,309.01 AFLAC AlP 1S1927 02/21/13 756.62 CARDINAL HEALTH AlP 151928 02/21/13 200.00 ARRT AlP 151929 02/21/13 18.34 AQUA BEVERAGE COIIPANY AlP IS1930 02/21/13 353.37 ARROW INTERNATIONAL INC AlP IS1931 02/21/13 799.15 C R BARD INC AlP 151932 02/21/13 4,163.17 BAXTER HEALTHCARE CORP AlP 151933 02/21/13 31,048.22 BECKI!AN COULTER INC AlP 151934 02/21/13 168.37 KRISTI BLINKA AlP 151935 02/21/13 147.34 BRIGGS HEALTHCARE AlP 151936 02/21/13 99.29 CDW GOVERNMENT, INC. AlP 151937 02/21/13 40.40 CCR MEDICAL, INC AlP 151938 02/21/13 381.12 COOPER SURGICAL INC AlP 151939 02/21/13 220.15 CPSI AlP 1S1940 02/21/13 79.00 DOImTOWN CLEAllERS AlP 151941 02/21/13 335.55 DLE PAPER & PACKAGING AlP 151942 02/21/13 .00 VOIDED -19- MEMORIAL MEDICAL CENTER CHECK REGISTER 02/01/13 THRU 02/28/13 BANK--CHECK---------------------------------------------------- CODE NUMBER DATE AIlOUNT PAYEE RUN DATE:03/20/13 TIME:08:45 PAGE 5 GLCKREG ~_____________MM______________________________________------------------------------------------------------------------------------ AlP 151943 02/21/13 .00 VOIDED AlP 151944 02/21/13 8,943.80 FISHER HEALTHCARE AlP 151945 02/21/13 185.00 FISHER & PAYKEL HEALTHC AlP 151946 02/21/13 495.00 FORT BEND SERVICES, INC AlP 151947 02/21/13 3,952.30 GE HEALTHCARE AlP 151948 02/21/13 849.58 GULF COAST PAPER COMPAN AlP 151949 02/21/13 718.31 H E BUTT GROCERY AlP 151950 02/21/13 S44.S0 HILL-ROM COMPANY, INC AlP 151951 02/21/13 243.89 INDEPENDENCE MEDICAL AlP 151952 02/21/13 4,870.00 RICOH USA, INC. AlP 151953 02/21/13 3,765.47 INFOLAB INC AlP 151954 02/21/13 2,067.08 WERFEN USA LLC AlP 151955 02/21/13 698.70 J & J HEALTH CARE SYSTE AlP 151956 02121/13 103.24 J.A. I,IAJORS AlP 151957 02/21/13 50.00 JECKER FLOOR & GLASS AlP 151958 02/21/13 510.00 KONlCA lUNOLTA MEDICAL AlP 151959 02/21/13 152.67 VICKY KALISEK AlP 1S1960 02121/13 17.36 LANGUAGE LINE SERVICES AlP 1S1961 02/21/13 534.78 MARKS PLUJ!BING PARTS AlP 151962 02/21/13 160.94 MARKETLAB, INC AlP 151963 02/21/13 1,076.64 I!EDRAD INC AlP 151964 02/21/13 183.88 MMC AUXILIARY GIFT SHOP AlP 15196S 02/21/13 258.52 METLIFE AlP 151966 02/21/13 719.46 I!ERRY X-RAY/SOURCEONE H AlP 1S1967 02/21/13 1,543.27 MERIDIAN BIOSCIENCE AlP 151968 02121/13 419.63 ON-SITE TESTING SPECIAL AlP 151969 02/21/13 .00 VOIDED AlP 151970 02/21/13 .00 VOIDED AlP 151971 02121113 .00 VOIDED AlP 151972 02/21/13 1S,000.25 ONENS & lUNOR AlP 151973 02/21/13 200.57 PCIl SALES, INC. AlP 151974 02121/13 650.00 PETROLEUJ! SOLUTIONS,INC AlP 15197S 02/21/13 2,225.00 PREIlIER SLEEP DISORDERS AlP 151976 02/21/13 608.70 POLYJoIEDCO INC. AlP 151977 02/21/13 1,056.50 PORT LAVACA I!AVE AlP 151978 02/21/13 67.38 POWER ELECTRIC AlP 151979 02/21/13 1,056.50 R G & ASSOCIATES INC AlP 151980 02/21/13 540.00 RADIOLOGY UNLIMITED, PA AlP 151981 02/21/13 556.72 RECEIVABLE lU\NAGEMENT, AlP 151982 02/21/13 179.88 RESPIRONICS, INC. AlP 151983 02/21/13 102.16 SERVICE SUPPLY OF VICTO AlP 151984 02/21/13 131. 34 SHERWIN WILLIAMS AlP 151985 02/21/13 697.S8 SIEIlENS IlEDICAL SOLUTIO AlP 1S1986 02/21/13 3,682.00 SO TEX BLOOD & TISSUE C AlP 151987 02/21/13 520.14 THE ST JOHN COMPANIES, AlP 151988 02/21/13 630.49 STERICYCLE, INC AlP 151989 02/21/13 129.85 TECHNO-AIDE AlP 151990 02/21/13 4,962.S0 TLC STAFFING AlP 1S1991 02/21/13 9,874.50 TOSHIBA AMERICA MEDICAL AlP 151992 02/21/13 4,107.00 T-SYSTEl,l, INC. AlP 1S1993 02/21/13 4,318.23 UNUM LIFE INS CO OF lll!E -20- RUN DATE: 03/20/13 TnlE:08,45 MEMORIAL MEDICAL CENTER CHECK REGISTER 02/01/13 THRU 02/28/13 BANK--CHECK---------------------------------------------------- CODE NUIIBER DATE A110UNT PAYEE PAGE 6 GLCKREG ____N___MMM_______________________________________________M_________________________________________________------------------------ AlP 151994 02/21/13 111. 69 UNIFIRST HOLDINGS AlP 151995 02/21/13 .00 VOIDED AlP 151996 02/21/13 7,175.32 UNIFIRST HOLDINGS INC AlP 151997 02/21/13 1,977.00 VERIZON SOUTHWEST AlP 151998 02/21/13 828.40 THE VICTORIA ADVOCATE AlP 151999 02/21/13 216.00 VICTORIA RADIOI10RKS, LT AlP 152000 02121/13 674.97 llESCOR INC AlP 152001 02/21/13 824.21 GRAINGER AlP IS2002 02/28/13 343.42 4IMPRINT AlP 152003 02/28/13 1,350.31 PRINCIPAL LIFE AlP 152004 02128/13 209.66 HEALTH CARE LOGISTICS I AlP 152005 02/28/13 1,OS4.74 CENTURION MEDICAL PRODU AlP 152006 02128/13 400.00 WILLIAN EHElKAllP, TRUS AlP 152007 02/28/13 495.00 WILLIAlI E HEITKAllP, TRU AlP 152008 02/28/13 4,385.81 1~IC ENPLOYEE BENEFITS AlP 152009 02/28/13 735.00 DA&E AlP 152010 02/28/13 25,374.18 NORRIS & DICKSON CO, LL AlP 152011 02/28/13 15,050.00 CPP WOUND CARE #28,LLC AlP 152012 02/28/13 375.00 REVISTA de VICTORIA AlP 152013 02/28/13 239.78 FIVE STAR STERILIZER SE AlP 152014 02/28/13 2,031. 50 AUSTIN MEDICAL PRACTICE AlP 152015 02/28/13 5,3S4.50 R08ERT T HARDY Alp 152016 02/28/13 409.50 COKER GROUP HOLDINGS, L AlP 152017 02/28/13 323.53 JULIE CROBER AlP 152018 02/28/13 23.50 KRISTI BOYD AlP 152019 02/28/13 2,485.20 ANDERSON CONSULTATION S AlP 152020 02/28/13 105.40 GULF COAST HARDWARE I A AlP 152021 02128/13 604.07 AlIERISOURCEBERGEN DRUG AlP 152022 02/28/13 80.00 ADVERTISING ON AIR AlP 152023 02/28/13 1S9.00 ALCON LABORATORIES INC AlP 152024 02/28/13 10.09 AQUA BEVERAGE COI,IPANY AlP 152025 02/28/13 367.60 C R BARD INC AlP 152026 02/28/13 327.40 BAXTER HEALTHCARE CORP AlP 152027 02/28/13 12,741.17 BECKMAN COULTER INC AlP 152028 02/28/13 292.90 BOSART LOCK & KEY INC AlP 1S2029 02/28/13 169.2S BRIGGS HEALTHCARE AlP 152030 02/28/13 286.S0 CABLE ONE AlP IS2031 02/28/13 25.00 CAL CON FEDERAL CREDIT AlP IS2032 02/28/13 2,731.3S CITY OF PORT LAVACA AlP 152033 02/28/13 23,958.90 CPSI AlP IS2034 02/28/13 709.50 RITA DAVIS AlP 152035 02/28/13 886.37 DELL HARKETING L.P. AlP IS2036 02/28/13 164.20 E Z GRAPH OF VICTORIA I AlP IS2037 02/28/13 4,075.63 FISHER HEALTHCARE AlP 152038 02/28/13 171.00 GE MEDICAL SYSTEMS, INF AlP 152039 02/28/13 191.96 GULF COAST PAPER CONPAN AlP 152040 02/28/13 32.36 DERRI HART AlP 152041 02/28/13 65.51 INDEPENDENCE MEDICAL AlP 152042 02/28/13 2,064.02 INFOLAB INC AlP 152043 02/28/13 5,194.15 NERFEN USA LLC AlP 152044 02/28/13 113.01 IVANS -21- RUN DATE,03/20/13 HEIoIORIAL HEDICAL CENTER TIHE,08,45 CHECK REGISTER 02/01/13 THRU 02/28/13 BANK--CHECK---------------------------------------------------- CODE NUlIBER DATE A110UNT PAYEE PAGE 7 GLCKREG __________________________________________________M_________________________________________________________________________________ A/P IS2045 02/28/13 A/P 152046 02/28/13 A/P IS2047 02/28/13 A/P IS2048 02/28/13 A/P 152049 02/28/13 A/P IS2050 02/28/13 A/P IS2051 02/28/13 A/P 152052 02/28/13 A/P 152053 02/28/13 A/P IS2054 02/28/13 A/P 152055 02/28/13 A/P 152056 02/28/13 .A/P IS2057 02/28/13 A/P 152058 02/28/13 A/P 152059 02128/13 A/P 152060 02/28/13 A/P 152061 02/28/13 A/P 152062 02/28/13 A/P 152063 02/28/13 A/P 152064 02/28/13 A/P 152065 02/28/13 A/P 152066 02/28/13 A/P 152067 02/28/13 A/P 152068 02/28/13 TOTALS, 977 . 83 77 .18 7.19 365.62 4,838.3S 131.34 1,000.00 89.0S 180.40 780.12 175.47 283.32 91. 20 360.S8 10,000.00 1,490.65 128.60 35.91 120.94 2,871.10 83.50 157. 02 8,316.60 178.25 754,789.21 J & J HEALTH CARE SYSTE ~UU!KS PLUMBING PARTS ED HELCHER CO NERRY X-RAY/SOURCEONE H OWENS & ~IINOR PCH SALES, INC. U S POSTAL SERVICE POWER ELECTRIC R G & ASSOCIATES INC RED HAWK SHERWIN \lILLIAlIS THE ST JOHN COIolPANIES, STRYKER SALES CORP STERIS CORPORATION TEAll REHAB TLC STAFFING TG UNIFIRST HOLDINGS UNIFORM ADVANTAGE UNIFIRST HOLDINGS INC UNITED WAY OF CALHOUN C VERIZON WIRELESS l'IESCOR INC GRAINGER -22- MEMORIAL MEDICAL CENTER DEFAULT FOR!ffiT FROM D8019 Fe.b;"lcif-j ::2..013 RUN DATE: 03/11/13 TIllE: 14: 27 PRTitle PRTotGross PRDeptName SUPERVISOR-PURCH/CS PURCHASING REGISTERED NURSE EMERGENCY ROOM DEPARTMENTAL ASSIST MAINTENANCE CS TECENICIAN CENTRAL SUPPLY CENTRAL STERILE TECH SURGERY IlffiGlNG TECH HEALTH INFORl1ATION MANAGEHENT DIRECTOR-PT FIN SVCS PATIENT FINANCIAL SERVICES CS TECENICIAN CENTRAL SUPPLY ES AIDE ENVIRONMENTAL SERVICES SHIFT SUPERVISOR DIETARY IC/EH/EN NURSE INFECTION CONTROL REGISTERED NURSE MED/SURG FOOD SERVICE STAFF DIETARY o R AIDE SURGERY REGISTERED NURSE EMERGENCY ROOM TRAUMA COORDINATOR EMERGENCY ROOM RN/PERIOPERATlVE NUR SURGERY REGISTERED NURSE ICU SHIFT SUPERVISOR-AM ENVIRONl4ENTAL SERVICES IUlNAGER-SURGERY-OPC SURGERY C.N.O. ADMINISTRATION-CLINICAL SERVIC PAYROLL CLERK ACCOUNTING REGISTERED NURSE MED/SURG LICENSED VOCATIONAL OBSTETRICS LICENSED VOCATIONAL MED/SURG REGISTERED NURSE ICU REGISTERED NURSE OBSTETRICS REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE MED/SURG REGISTERED NURSE OBSTETRICS REGISTERED NURSE OBSTETRICS LICENSED VOCATIONAL MED/SURG ADHINIST ASSISTANT ADHINISTRATION REGISTERED NURSE ICU LVN/SCRUB NURSE/OFFI SURGERY REGISTERED NURSE ICU REGISTERED NURSE SPECIALTY CLINIC LICENSED VOCATIONAL OBSTETRICS LICENSED VOCATIONAL SURGERY MEDICAL SONOGRAPHER RADIOLOGY REGISTERED NURSE EMERGENCY ROOM RADIOLOGICAL TECH RADIOLOGY RADIOLOGICAL TECH RADIOLOGY MICRO NT LABORATORY MEDICAL LAB TECH LABORATORY LAB DIRECTOR LABORATORY LAB ASSISTANT LABORATORY MEDICAL LAB TECH LABORATORY LAB SECRETARY LABORATORY REGISTERED NURSE EllERGENCY ROOM PT TECH II-CONTRACT PHYSICAL THERAPY PT ASSISTANT PHYSICAL THERAPY PT TECH II PHYSICAL THERAPY PLANT OPS SUPERVISOR MAINTENANCE 2849.34 4375.80 2399.59 1842.81 2813 . 97 1088.58 3837,80 137 .50 1649.60 2145,85 5313.70 3506.92 1472.81 155 7.75 1229.25 4170.57 5801.60 1211,19 1945.20 7494.52 6151.40 3403.09 6556.26 4617.49 3566.69 1220.50 3376,62 5314.16 5773,97 7151. 11 3892.00 2297.52 3155,40 4710.08 2904.74 4354,75 5256.99 482.73 2851.58 5460.54 4413 ,14 4979.68 1788.32 645.43 393.75 4955,10 2173.18 373 6.7 5 2005,64 4240.72 766,67 540.38 1970.85 4577 ,29 PAGE 1 -23- RUN DATE: 03/11/13 TIHE: 14:27 PRTitle PRDeptName ADMINISTRATIVE ASST. ADMINISTRATION-CLINICAL SERVIC REGISTERED NURSE OBSTETRICS ED llANAGER EIIERGENCY ROOH REGISTERED NURSE MED/SURG REGISTERED NURSE OBSTETRICS REGISTERED NURSE OBSTETRICS REGISTERED NURSE OBSTETRICS DIRECTOR-UR/QA/IC/R>l QUALITY ASSURANCE REGISTERED NURSE SURGERY CERTIFIED NURSE AIDE MED/SURG DIRECTOR-MS/ICU/OB MED/SURG REGISTERED NURSE ICU MEDICAL LAB TECH LABORATORY REGISTERED NURSE MED/SURG SUPERVISOR LVN/RPhT PHARMACY REGISTERED NURSE MED/SURG REGISTERED NURSE MED/SURG REGISTERED NURSE HED/SURG CERTIFIED NURSE AIDE MED/SURG REGISTEREU NURSE OBSTETRICS REGISTERED NURSE MED/SURG CERTIFIED NURSE AIDE MED/SURG LICENSED VOCATIONAL MED/SURG REGISTERED NURSE ICU REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE MED/SURG REGISTERED NURSE OBSTETRICS CERTIFIED NURSE AIDE MED/SURG CERTIFIED NURSE AIDE HED/SURG REGISTERED NURSE MED/SURG LICENSED VOCATIONAL MED/SURG REGISTERED NURSE MED/SURG REGISTERED NURSE EMERGENCY ROOM LICENSED VOCATIONAL MED/SURG CERTIFIED NURSE AIDE MED/SURG LICENSED VOCATIONAL MED/SURG REGISTERED NURSE ICU REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE ICU REGISTERED NURSE ICU REGISTERED NURSE ICU REGISTERED NURSE ICU REGISTERED NURSE HED/SURG REGISTERED NURSE ICU RN-OR SCRUB NURSE SURGERY REGISTERED NURSE SURGERY LICENSED VOCATIONAL PHAR>ffiCY o R TECH SURGERY TRANSCRIPTIONIST HEALTH INFORMATION blANAGEHENT REGISTERED NURSE SURGERY OUT-PT PACU NURSE SURGERY PRESCRIPTION CLERK INDIGENT CARE PROGRAM ASSISTANT BUYER TRANSPORTATION OP COORDINATOR SPECIALTY CLINIC REGISTERED NURSE EMERGENCY ROOM MEMORIAL MEDICAL CENTER DEFAULT FOR>ffiT FROM DB019 PAGE 2 PRTotGross 2344.01 6070.14 5161.65 4432.25 2713.57 1458,00 4468.49 5794,60 4687.58 1951.94 5855.10 5516.78 3164,15 2042.37 3342.00 3963,91 4594.37 212 0.7 5 2154,97 6282.10 3682,46 1555.91 692.50 4169.75 3664.16 3016.53 4960.93 104.50 480,25 2927,93 1492.26 5769,62 4246.56 2677.49 2977.22 2938.78 2799,14 4242.05 417.06 6857.89 3359.7 5 5302.20 3405.00 4561.42 4051.38 4885.60 1309,38 2599.87 2216.56 5392.95 257.81 1550,68 1707.88 1876.40 2377 .69 -24- RUN DATE: 03/11/13 THlE: 14:27 PRTit1e PRDeptName CERTIFIED NURSE AIDE MED/SURG REGISTERED NURSE EMERGENCY ROOl! REGISTERED NURSE EMERGENCY ROm! HT TECH SUPR LABORATORY MEDICAL TECHNOLOGIST LABORATORY HEDICAL LAB TECH LABORATORY MEDICAL LAB TECH LABORATORY LABORATORY ASSISTANT LABORATORY HEDICAL TECHNOLOGIST LABORATORY HEDICAL TECHNOLOGIST LABORATORY LAB ASSISTANT LABORATORY LAB ASSISTANT LABORATORY MEDICAL TECHNOLOGIST LABORATORY MEDICAL LAB TECH LABORATORY I1EDICAL LAB TECH LABORATORY LAB ASSISTANT LABORATORY REGISTERED NURSE HED/SURG SECRETARY MEl10RIAL WOI1EN'S CENTER LICENSED VOCATIONAL HEMORIAL MEDICAL CLINIC REGISTERED NURSE MED/SURG RADIOLOGICAL TECH RADIOLOGY RADIOLOGICAL TECH RADIOLOGY RADIOLOGICAL TECH RADIOLOGY RECEPT/SECRETARY RADIOLOGY RADIOLOGICAL TECH RADIOLOGY DIRECTOR-RADIOLOGY RADIOLOGY RADIOLOGY SUPERVISOR RADIOLOGY RADIOLOGICAL TECH RADIOLOGY RADIOLOGICAL TECH RADIOLOGY RADIOLOGICAL TECH RADIOLOGY RADIOLOGICAL TECH RADIOLOGY LVN-CPhT PHARHACY REGIST PHARHACY TECH PHARHACY PHARllACIST PHARllACY NURSE TECH I1EMORIAL MEDICAL CLINIC REGISTERED NURSE EMERGENCY ROOM PT ASSISTANT PHYSICAL THERAPY PT ASSISTANT PHYSICAL THERAPY PT SEC/RECEPTIONIST PHYSICAL THERAPY PT TECH 1 PHYSICAL THERAPY PT TECH 1 PHYSICAL THERAPY CIHCP COORDINATOR INDIGENT CARE PROGRA}! TRANSCRIPTION LEADER HEALTH INFORHATION MANAGEMENT TRANSCRIPTIONIST-BR HEALTH INFORHATION !DlNAGEMENT OP CODER/DC ANALYST HEALTH INFORHATION MANAGEMENT ROI / RI TECHNICIAN HEALTH INFOR11ATION MANAGE!!ENT TRANSCRIPTIONIST/BR HEALTH INFORHATION MANAGEMENT CODING SPECIALIST HEALTH INFORllATION MANAGEMENT FOOD SERVICE STAFF DIETARY FOOD SERVICE STAFF DIETARY FOOD SERVICE STAFF DIETARY SHIFT SUPERVISOR DIETARY FOOO SERVICE STAFF DIETARY CERTIFIED NURSE AIDE MED/SURG FOOD SERVICE STAFF DIETARY MEMORIAL MEDICAL CENTER DEFAULT FORHAT FROM DB019 PAGE 3 PRTotGross 1700.83 4241.99 2156.89 3816.44 3467.36 3364.86 3245,55 1405,53 434.00 1674.00 957.38 1662.73 403,00 3258,26 126.00 2290,96 4242.76 1236.49 2522,41 3979.09 4702.38 3771.7 8 4676,39 1965.53 193.44 6310,17 5603.95 3177 .00 4156.18 776.25 2648.63 2862,47 3108.52 10425.00 288,33 1317.06 3697.66 3901.42 1853.45 105,00 45.00 1834.56 3454,90 1698.45 2285,83 927.64 245,00 2550.33 1461.33 1182,15 62.87 1775.00 1537.88 1842.74 1189,62 -25- RUN DATE: 03/11/13 TIME: 14:27 PRTitle PRDeptName FOOD SERVICE STAFF DIETARY DIRECTOR OF OIETARY DIETARY BIO-llED TECHNICIAN BIO MEDICAL ENGINEERING BIO-MED TECHNICIAN BIO MEDICAL ENGINEERING GROUNDSKEEPR/PAINTER MAINTENANCE SUPERVISOR MAINTENANCE SECURITY SUPERVISOR SECURITY ES AIDE ENVIRONMENTAL SERVICES FLOOR TECHNICIAN ENVIRONlIENTAL SERVICES ES IlANAGER ENVIRONMENTAL SERVICES DIR OF PLANT SERVICE ENVIRONMENTAL SERVICES ES AIDE ENVIRONllENTAL SERVICES FLOOR TECHNICIAN ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONllENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONllENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES SECURITY OFFICER SECURITY SECURITY OFFICER SECURITY SOCIAL WORKER SOCIAL WORK/DISCHARGE PLANNING CLINIC NURSE TECH MEMORIAL MEDICAL CLINIC INSURANCE COORDINAT. PATIENT FINANCIAL SERVICES REGISTRATION CLERK PFS - REGISTRATION SECRETARY/RECEPTION MEMORIAL WOMEN'S CENTER REGISTRATION CLERK PATIENT FINANCIAL SERVICES REGISTRATION CLERK PFS - REGISTRATION INSURANCE FU CLERK PATIENT FINANCIAL SERVICES CASHIER-SWITCHBOARD PATIENT FINANCIAL SERVICES SECRETARY/RECEPTION MEMORIAL MEDICAL CLINIC INSURANCE ADJUDICATO PATIENT FINANCIAL SERVICES PT ACCOUNT SUPERVISO PATIENT FINANCIAL SERVICES REGISTERED NURSE EMERGENCY ROOM REGISTRATION CLERK PFS - REGISTRATION REGISTERED NURSE ICU SECURITY OFFICER SECURITY REGISTRATION CLERK PATIENT FINANCIAL SERVICES REGISTRATION CLERK PFS - REGISTRATION OFFICE IlANAGER MEMORIAL MEDICAL CLINIC REGISTRATION CLERK PFS - REGISTRATION MEDICARE COORDINATOR PATIENT FINANCIAL SERVICES REGISTRATION CLERK PFS - REGISTRATION REGISTERED NURSE EMERGENCY ROOM RADIOLOGICAL TECH RADIOLOGY REGISTRATION CLERK PFS - REGISTRATION REGISTRATION CLERK PFS - REGISTRATION REGISTRATION CLERK PFS - REGISTRATION I.T. DIRECTOR INFORlUlTION TECHNOLOGY I.T, SYSTEM ANALYST INFORMATION TECHNOLOGY UNIT SECRETARY IIED/SURG REGISTERED NURSE EMERGENCY ROOM ACCOUNTANT ACCOUNTING MEMORIAL IlEDICAL CENTER DEFAULT FOID,UlT FROM DB019 PAGE 4 PRTotGross 1325,91 3485.80 420,00 4379.84 2573.01 3157,17 1944.80 255,25 1507.80 2780,16 4671.40 672.00 1441.60 1346.90 1238,39 2235.00 117 8.45 1231.93 1332.00 1350.20 1548.00 1570.00 798,54 5133.80 827. 50 1463,18 1613.76 1627,14 1087.76 122.94 1239.57 1372.7 5 2402,91 1515.20 1968,00 4113.46 222,34 398E.99 1648,40 1313 .82 894.19 174 6.2 5 765.58 1685.34 373,80 3223.01 3399.00 1344,33 1149.60 1313.45 4749.36 3745,50 645,13 1878.94 3659.0 8 -26- RUN DATE: 03/11/13 TINE: 14:27 MEMORIAL MEDICAL CENTER DEFAULT FOR!~T FROM DB019 PAGE 5 PRTitle PRDeptName PRTotGross C.F.O. ADMINISTRATION C. E. O. ADHINISTRATION ADHINISTR. OFFICER ADHINISTRATION SUPERVISOR PURCHASING DIRECTOR !lli,AP CLERK PURCHASING 10150,00 11888.46 3717.80 2318.91 3794.60 Grand totals Total lines = 224 629543.60 -27- @IHS Source Totals Report Issued 03/18/2013 Calhoun Indigent Health Care 2-1-13 through 2-28-13 For Vendor: All Vendors Source Description Amount Billed Amount Paid 01 Physician Services 02 Prescription Drugs 05 Lab/x-ray OB Rural Health Clinics 13 Mmc -Inpatient Hospital 14 Mmc - Hospital Outpatient 15 Mmc - Er Bills 8,984.50 595.53 1,869.00 1 ,653.02 47,341.13 15,784.05 9,109.90 2,311,70 595,53 296.79 1,134.09 26,511.03 5,366.57 3,097.37 Expenditures Reimb/ Adj ustments 85,337.13 0.00 39,313.08 0.00 Grand Total 85,337.13 39,313.08 Fiscal Year 82.297.53 Payroll/Expense 5.840,89 LfVL'U1VI..~tV <tf4{.,-.1tU1~ Calhoun County Indigent Coordinator -28- 2Dll Calhoun Indigent Care Patient Caseload Approved Denied Removed Active Pending Jan 7 22 10 152 Feb 9 13 17 156 Mar 32 33 26 153 Apr 8 19 28 164 May 6 19 16 149 Jun 25 21 23 146 Jul 1 19 5 140 Aug 1 13 39 108 2 Sept 2 43 32 79 11 Oct 8 15 27 62 16 Nov 7 8 21 47 15 Dec 1 24 27 30 14 YTD 107 249 271 1386 58 12 Mo Avg 9 21 23 116 5 2012 Calhoun Indigent Care Patient Caseload Approved Denied Removed Active Pending Jan 4 10 2 37 9 Feb 1 17 2 36 11 Mar 4 16 3 38 20 Apr 1 15 3 39 21 May 3 11 3 40 17 Jun 10 12 5 46 15 Jul 6 15 5 48 22 Aug 10 21 1 59 20 Sept 5 17 4 59 19 Oct 7 18 5 61 34 Nov 4 15 9 57 30 Dec 4 23 7 54 32 YTD 59 190 49 574 250 Monthly Avg 5 16 4 48 21 -29- 2013 Calhoun Indigent Care Patient Caseload Approved Denied Removed Active Pending Jan 5 12 5 55 28 Feb 4 22 7 51 26 Mar Apr May Jun Jul Aug Sept Oct Nov Dec YTD 9 34 12 106 54 Monthly Avg 5 17 6 53 27 -30- 04/0'5/2013 14:34 (fAX) P.001/005 ClNDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTllOUSlJ; ANNEX - 202 S ANN ST, STE B PORT LA V ACA, TEXAS 77979 (361) 553.4610 MEMORANDUM TO: JUDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE - PEGGY HALL DATE: April 5,2013 RE; AGENDA ITEM - APRIL 11,2013 AGENDA ITEM THURSDAY, APRIL 11,2013 "" Consider and take necessary action to award bid for Fuel to be Delivered for the period beginning April 16, 2013 and ending May 15,2013. (eM) Fuel-Bulk Delivered: Diebel Oil Co was the Low Bid on Diesel and Regular Unleaded AWARD BIDS FOR FUEL TO BE DELIVERED FOR THE PERIOD APRIL 16, 2013 THROUGH MAY 15, 2013: Diebel Oil had the low bids for both diesel fuel at $3.54 and unleaded fuel at $3.12. A Motion to award Diebel Oil the bid for diesel fuel at $3.54 and unleaded fuel at $3,12 was made by Commissioner Lyssy and seconded by Commissioner Finster Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. 04/0512013 14:34 (fAX) P .0021005 202 S ANN ST, STE B PORT LAVACA, TEXI\S 77979 Phone: 361-553-4610 Fax: 361-663-4614 CALHOUN COUNTY AUDITOR'S OFFICE Fax TOI COMMISSIONERS' COURT From: PEGGY HALL ASSISTANT AUDITOR Fax: NA Data: April S, 2013 Pagesl ~ Inoludlng this psge Phone. NA Rei FUEL aiDS TO BE AWARDED CC: D Ul'(lent 0 For Revi",w CJ Plellse Comment 0 Ple"lIe Reply CJ Plellse ReC)fcle . Messsgill. Please see attached bid tabulation for fuel bids-bulk delivered beginning 04/16/2013 and ending 05/15/2013. Bids will be considered for award during Commissioners' Court on THURSDAY, APRIL 11, 2013. FUEL - BULK DELIVERED tlIEBEL OIL COMPANY !NC was the LOW B!D O~ DIIIlSEL AND ronGULAR 'l.lmrmllIlmo In the event of 71e Bids, the winning bid Is determined per the Texas LOcal Government Code 262.027tb). 0410512013 14:34 (fAX) P .0031005 ." gil ~il iT! ! 8: ~ ~ :s: a, p: ~ ~ I !:i l?l "' b Ii R1 i Ii !2 .. ~ l!!l (j) ~ . ~ ; i c: ~ ." c: ." c: III c := tI:l en C I ~ m I ~ ~I r z ~ ^ ~ fll 0 ~ 0 ~ C Q m i z '"l r- r m C'l m ~ 8 <: p . ~ 0 ~ z 5 c: c: P :l:l ill @ 0 cn rn - 11I::I - ". ~~ f~ I f~ r~ I ~ ~~ fill ~iI !i~ l{hl l{~ CD 0 tP () ~m Om C Z fZ - g- ! io 0 ig iP r- r- iii' c: Iii'm llI'l; /JI't: ~ 0 " lml m _!Jl a i ~ l!! to> ~ ~ i ~ ~ .,.'" ~( <<[ ~( ~m a'to> if ~ i~ h I a So a ... EI '" ~ ~I ~ ~I ~ ~ g <> g '" "'I t;l "'il 11;I l g: ~I g: g: I IS IE ~ ~ I '" - - - ll, '" '" - 0410512013 14:34 (fAX) P .0041005 \/lII/V.I:/<!VI.. UU;qlil \fAl>J ...uu~,u""' CAUllUN .IY, TEXAS. 81m- IFIIl:l!U!K IlB.IVjm INVIT A liON TO BID -- :=J BUll DE BUD. lAM lMEIIl1. PO lOX 71 P/IT LAVACA ED ,X 7787. PfQIII1IOM: APRIL 16.2013 1IIIilII1I: MAY 16. 2(113 you A!l\1! flWlTSD 70 SUeMIT A IiID aN T~EAlOV! l'TIlM TOI ""OH,IIII. J Pl'I!IPIIIl. rJAI.HO!lN COUI/TV JUl>I1., *f~ t AI/I/ $r, tJtl) 'LOCIl, 'rlfJ~f, PC"HAVACA rx1'7l1. aIDs SHOULD lie SUBMITTED IN A ellAL!O !NVELQPI PLAINI.V MAItKIO, IIIAUlilll1Do rtR1lcPfllJ(~'Viil<<D .-. liD' ARe IlI,lUlTTHfi ~UIlGE'8 OFPlOE ON OIUIII"b/l(.1 10:DO AM, THI.lIt'PA Y, 14I'IfI1.4, ZD1$ IIIOS WILL a. AWARDeD AT THI! CQMMISSIONeRS' OQURT MaRTING ON: tHIJ/tSDAY, A"IlI~ 11, R013 THE CLOCK IN T~E ClOUNTY JUD05'S OFFIC51S 1'Hll O~~leIAl. OLClCK rl-lA1 WILL n U8!O IN DeTERMINING THll TIM! THAT A 1\10 /8 RIroel1lED "NO 'I'H!i'TIM. TllA'r BIDS WII.\. 8~ opeNeo. 1'1108 REOell/l!D "!'Ten THe OPENINO TIMit WILL 811It!TIIFlNED UNOPEN&O TO ,1~IDI!It. TM! QOMMISS1~NeM$' (leURT A6SiOAVI!ll TME ItI~HT TO WAI\II! TEOH~II':AurIES, R/!J!Ct ANV Ollt ALL 811:\~, TO .0.0011''' 1'I\E DID OI;ll:MElD MOB'r AOVANlAQiOUS TO CALHOUN OOUNTV ANO 10 BE THIl BOLli JUOGE IN OETERMININtl WHIOH sloe WILL as MOllr AOVAN1'AI)HOUa TO THS OOVNTV. THB OOUNTY O. OA!.HOUN, T!XAS ISAN I!J(jUAL iMPLOVMSNTOl'PCF<TUNI1'Y EMPLonlt. THE eoumv oOBa NOT "laCAIMINArl! ON 'I'MI! lAel$ ~~ MOB, QOLQR. NATIONAl. OAIGIN. sex, l'lliiLltlJON, "tlS OR HANDICAPPBO STA1'UB IN BIlPI.OVMBNT OA THe PROVIBION OF IIBFtl/ltl!lI. . It4/: lTltl'll FUIL"IlLM: PILIV'UP !26!!.-M1Mt/Jm VARIOUS Dltullil/lY 'OlllIlOllNTV FL'IL TANK' DfilITI".I.'t;I(lfJ VAllloue ---~~~~~--~~-~~---~---~----------~-~~~~~~~~-~~- .:\P.l101lICjlTlQItftI J)IBSJIll" FUEl. ..-CELIVERY mual be I'ilade wllhlrl24 hourI after recei'llng 0I'lI8t from ~Ie County O'PIll1/l'1enlln the ~u.ntlty om.r.d, If vondor CfJInl1ll\ ~.lfvtr wllhln 24 MoulIl or lilfjlael to dellwr,lhe OounlV Cap.rtmenl will order froM the n.xt IOWQat blddor. "."'I'IICl! P..r O.lIon MUST INCLUDE all 146$ and chalUB. InclUd/ng all rlx8IIFnalhe Countv II not ''''emp! Iron, (lor lIXIIll\pl.~ '0.20 Stalll exala. Tax, Sl.~ OellverylEnvlronmenl.1 Fe~$. F.d+l4Il 011 Spill Rtlllllvtlry FM. Ind Federal LIJSTTlx) ".PRS! FROM W/\rER AND SUIII"I!ND5D MArrER !JMI. :2 :J 'IJiJr I;'~J9' ~---~--~~~~--~~~--~~----~~~---------~-~--~~--~- IfiQIfJOA'fJOHS' RIllQUL.ut UHIolMtll!lD GAElOLINJIl :.:.OELIV""V mUll bo Ined. Within 24 hOuri 11\.r ra;elvlng order from tha Counly DaplI'Iment In the Q,uantltY crdel\lld. II vander Cllnncl ctellve' wllhln 24 hoy.... 01 reru... '0 dellv.r, lha CounlV D.p.~m.~1 will ord,r 110m the next low..t bidder. ...>PFlICE 1"81 ~allorr MUSt INOLUDe all "19 end ohar;" fnol~dlng .11 rex..AlF... tho Oounly Ia net .)(.mpl from (rcr examp/a: $().20 Stille Exol... T..x. StIl. tlallVIllYISnvlr(ll\lMntal Faa., Feder.1 011 Sllllll\,cov,ry F... end Fod.,al LUSTrax) __FAE!! PROM WATER ANC llUSPEiNI:lED MATTIR IIND A MINIMUM OOTANIi OF 81' (AV!FtAGII METHOD) JJIil1. UNIT ".RfCIi GALLON ~ - =~~ "'.. ~-=Bm..., PMlYNN:~_:::___ nm__._: ~;)'-3~~~ KEUElIIT AIIV EJlL'WIIIlIIITII11EABI\UWIMI'IN8; TIM.dllY. M,tClI 2e, nQl~ aJI ilia Dt mill 04/05/2013 14:35 04/02/2013 OB :52 (FAX) (FAX) P .005/005 P .002/004 CAlIIUNCOIINTY.IEXAS BID SHEET. ~ INVIT A liON TO BID - I BlUR BUN COAST RE8DlIlGES 111I B WILS BINI BII ITEM l~!fl-B111J( OfUVEREO TX 11f1fi1 ~ PB\IOORlOM: APRIL ie, 2013 PEIUIm, MAY 1~, tl013 YOU ARE INVITED TO SUIIMIT A 1111> ON 'tHE ABOve IT!M TO: MICHAl/I. J PI'SII'IIR, CAt.HOl/N eOl/NT'! JUDGE, 211 S ANN aT, altll FLODR. sre 30f, PORT /-AVACA 'l?( mre B'DllllHOULO BE SUBMITTiD IN A SEALID ENVELOPS PlAINLY MARKED: ""'LID I/D-!il7JIL"IOLR 1lg'1.!!1l ----. SIDS ARE DUEA'l'THE JUDGE'S OP"'CE ON OIUEFORli: 10:00 AM, rHURSOA Yo APR/I.4, J01a IIIDS WilL II! AWAIlD!O AT 'l'Mli COMMissiONERS' COUR'I' MIi!TIN'~ ON: THVRSDAY, AI'RIL 11. 2012 THE OLOCK IN THE OOUNTY JUO!)I3'S OFFICI!i IS THE OFFIOIAL CLOCK THAT WILL SE USED IN DETERMINING THE TIME THAT ^ BID IS RECEIVED AND TH! TIMIl THAT liDS WILL Ill! OPI!NI!I>, BU)$ RE081VI!D AI'TIlR THS OpllNING TIME WILL Illi: KiTUPlNIID UNOPENED TO BIDDER, THE COMMISSIONERS' COURT RBSBRVES THE RIQI-lT TO WAIVE TEOHNIOALITIES, REJEOT ANY OR ALL BIDS, TO ACOEPTTHE BID DEEMED MOST ADVANTAQIOUB TO OALHOUN eOUNTY AND TO BB THe SOLI! JUOlal! IN DeTeRMINING WHIOH BIDS WILL liS MOST AtlVANTACliOUS TO THE COUNTY. THe OOUNTY OF OALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITy EMPLOYI;R, THE COUNTY DOES NOT DISORIMINATE ON THE ItABIS 01' RAOI!, OOLOR, NATIONAL ORIQIN, S.X, R!LIGION, ABIi OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION 01' SERVIOEs. "II! 1.J1!Mt. P.,,"'R7'M6Nft DIlLIIM"JI IIlfHIr'NAf'IDN I'U.....UIoK D.LIV.RIlI VARIOUS FOB COUNTY FUEL'ANKS VAIIIOU. ....--...------------------------------------------- Sf'fIO'1'ICAr/ONlJl DIIiiSSL FUBL ""PliLIVERY must be made within 24 houre ~'W reoelving order Irom the County Department In the quentlty ordered. II vendor cannot deliver wllhln 24 hoUI'$ ar refusel to deliver. the Oounty Depertment will order from lhe nem low"t bldd.r. >>PRICE Per Gallon MUST INCLUDE all feea end cherg.Blnc:ludlnS 811 Texes!Fees the County 18 not exempt Irllm (lor exemple: $0,20 St8tt exQl.. rax, Slat. D.llvary/Snvlronmantal F'.', Faderal 011 Spill RecoVloty Fees IInd Federal WSTTex) . "'>FR!!! FROM WATeR AND sUSpeNO!!\:) MATTER UHJI UNIT PRICE GALLON 36c- ----------------------~~-~~~~--~~-~~-------~-~- REGULAR VNLEADED GASOLINE >"DELIVERY mUBt be tIlede within 24 houre mfter reeelvlna order from the Oounly Dep~rtment In the Clu~ntlly ordered, Ifvendor Olnnot d.IIVer Withl~ 2. hOUri or refu.e. 10 dellvar, the Oounly Department will orderlromlh. next Icw..t bidder. ,,>PRIOe Per Oallon MUS'rINcLUD! ,II ~.. end oharg.. Including all Texe"F". the County ie nI:>l exempt lrom (for example: $0.20 Slete ExelBe Tax, Stele Delivery/Environmental Fees, Fedaral 011 Spill Recovery F... end Federel I.Usn.~) >>FREE FROM WATER AND SUSPENDED MATTER AND A MINIMUM OOTANE OF 87 (AVERAGE ME'rHOD) UNIT rlT PRICe GALLON . ...;l 0 (RlI1U)W 'T'O 1lHl OOMl'J.1O!l'lIJD liY B1JJtJBJID $.PSOlt:lOAt/ONIlI DATEOFIJIJ: q... 11.../' AUIJIORIZBl811NATIllE l'IlIHT NAME; PlEA8E U8T ANV EX6EPTIINI TO TIE ABDVE SPB:f1GAlIIN8: ThurSday, M,rch ~8. a013 PIIIIII ItIH 00A8IBmUftllG CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 202 S Ann Sl PORT LA V ACA, TEXAS 77979 (361) 553-4610 MEMORANDUM TO: ruDGE PFEIFER & SUSAN RILEY COUNTY ruDGE'S OFFICE FROM: AUDITORS OFFICE - PEGGY HALL DATE: April 3, 2013 RE: .~ c THURSDAY, APRIL U, ~ Consider and take necessary action to approve the specifications and authorize Urban Engineering to advertise for the Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-0] Project. Bids will be due by 10:00 AM, Thursday, May 16,2013 and considered for award Thursday, May 23,2013, (KF) APPROVE SPECIFICATIONS AND AUTHORIZE URBAN ENGINEERING TO ADVERTISE FOR THE SEADRIFT BAYFRONT PIER, CALHOUN COUNTY, TEXAS, NO 5107-486-01 PROJECT. BIDS WILL BE DUE BY 10:00 A.M. THURSDAY, MAY 16, 2013 AND CONSIDERED FOR AWARD THURSDAY, MAY 23, 2013: Tom Smith (Urban Engineering): This is the ClAP Grant in Seadrift. The proposed pier is 300 foot long pius a 50 foot by 12 foot "t-head" on the end. The main pier is 8 foot wide fully handicap accessible. It's lighted with a series of four concrete extensions along the bay front. Shannon Saiyer: Isn't there a pier there? Commissioner Finster: No. There hasn't been on there for a long time. Judge Pfeifer: This project has been going on since 2007, Commissioner Finster: Seadrift oniy community that didn't have a pier, This will have handicap parking and sidewalks. Judge Pfeifer: The ClAP deal was a county grant and it's being shared out with the different beach areas, It finally got approved. There will be an Interlocal Agreement with the City of Port O'Connor. The grant was originally in the amount of $400,000 and was upped to $600,000. Commissioner Finster: The city has a dedicated pier maintenance fund started. Tom Smith: Twenty five percent (25%) of the pier will have iower hand rail and foot wider for handicap accessibility, Brand new provision. Commissioner Lyssy: Will the power be under the pier? And if so, will it get shorted out by the tides? How high is it from the water? Tom Smith: The power is under the pier, but there won't be any problems with the power shorting out. It has an elevation of 6 and the mean high tide of 1.5 feet so sometimes it will be 4.5 feet above the water and sometimes it will be higher. Judge Pfeifer: Will there be some education components out there? Commissioner Finster: It will be directly at the end of 6'" Street so that it isn't in front of people's homes. It will be near the Paviiion also. There will be some kiosks in the ground and signage to explain the anatomy of San Antonio Bay and the surrounding areas and what is available. The San Antonio Area Bay foundation that want to be involved in the education component of it. Tom Smith: One of the interesting aspects of this pier, based on the Texas Accessibility Standards, is that twenty-five percent of the pier will be alternated and have lower handrail at 34" instead of the standard 42" and will be a foot wider under the handrail for handicap accessibility with the ability to pull a wheelchair up and fish. Commissioner Finster: It is probably the first pier in the county designed to meet the standards. Tom Smith: These are brand new provision in the Texas Accessibility Standards. A Motion to approve the specifications and authorize Urban Engineering to advertise for the Seadrift Bayfront Pier, Calhoun County, Texas No. 5107-486-01 Project with bids due 10:00 A.M, Thursday, May 16, 2013 and awarded Thursday, May 23, 2013 was made by Commissioner Finster and seconded by Commissioner Lyssy. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. PROJECT MANUAL FOR SEADRIFT SA YFRONT PIER CALHOUN COUNTY, TEXAS NO. 5107-486..01 THIS CONSTRUCTION PROJECT WAS FUNDED WITH QUALIFIED OUTER CONTINENTAL SHELF OIL AND GAS REVENUES BY THE COASTAL IMPACT ASSISTANCE PROGRAM, FISH AND WILDLIFE SERVICE, U.S. DEPARTMENT OF THE INTERIOR. APRIL 2013 U.E. JOB NO. E18087.01 ~""""",,\, --..Eo OF~" " _,p,' ........d.~,\ "'..., "'*';~.~ I .;- ~.., '.)' I ;. ... .... .'. l.f \.' l.................................~ l MATT A. GLAZE I ",................................., . . " "~" 99253 /$; URBAN ENGINEERING 1\~~i-.r~:9.~~.~~~&~ TREF# F-160 ~;?3~-- CONSULTING ENGINEERS /~/~E 2004 N. COMMERCE if z/l:J VICTORIA, TEXAS 77901-5510 PREPARED BY: INTRODUCTORY INFORMATION 00001 Project Title Page 00010 Table of Contents 00015 List of Drawings PROJECT MANUAL FOR SEADRIFT BA YFRONT PIER CALHOUN COUNTY, TEXAS NO. 5107..486..01 THIS CONSTRUCTION PROJECT WAS FUNDED WITH QUALIFIED OUTER CONTINENTAL SHELF OIL AND GAS REVENUES BY THE COASTAL IMPACT ASSISTANCE PROGRAM, FISH AND WILDLIFE SERVICE, U.S. DEPARTMENT OF THE INTERIOR. APRIL 2013 U.E. JOB NO. E18087.01 PREPARED BY: -......"', --~E OF r~" ;'-......~..*........>.:r.;)', .:' .... ..... . URBAN ENGINEERING ;.~/ \.", rMAff'A"G'iJ.ZE:'~ TREF# F -160 ,...:............:................$ CONSULTING ENGINEERS "~d'" 99253 ....~ ,,"'~...~~CENSE~... ~~ 2004 N. COMMERCE "~~OijAi.'~~(',~ VICTORIA, TEXAS 77901-5510 /~k/~ E18D87.01 - Project Title Page elt ~ /;.:5 04/13 I;' 00001 -1 TABLE OF CONTENTS INTRODUCTORY INFORMATION 00001 Project Title Page 00010 Table of Contents 00015 List of Drawings BIDDING REQUIREMENTS 00100 Bid Solicitation 00115 General Conditions of Submitting Sealed Bids to Calhoun County, Texas Instructions to Bidders Bid Form Bid Form Supplements Representations and Certifications Bidding Addenda 00200 00410 00430 00450 00490 CONTRACTING REQUIREMENTS 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Bonds 00620 Certificates 00640 Release of Liens 00700 General Conditions 00800 Supplementary Conditions 00810 ClAP Speciai Conditions 00940 Modifications PROJECT SPECIFICATIONS Division 1 - General Requirements 01010 01015 01025 01035 01040 01045 01050 01090 01300 01380 01410 01420 01500 01505 01564 01630 01700 01720 E18087.01 - Table ofConten!s D3f13 Summary of Work Contractor Use of Premises Measurement and Payment Change Order Procedures Coordination and Meetings Cutting and Patching Field Surveying Reference Standards Submittals Construction Photographs and Videos Testing Laboratory Services Inspection Services Temporary Facilities and Controls Mobilization Waste Material Disposal Product Options and Substitutions Contract Closeout Project Record Documents 00010 -1 Division 2 - Site Work 024B5 Treated Timber Structures E18087.01-TableofConlenls 03/13 00010 - 2 Sheet Description 81 Cover Sheet 82 General Notes C1 Overall Site Plan C2 Pier Plan/Profile D1 Pier Details D2 Handrail Details D3 Details E1 Electrical Plan E16087.01 -list of Drawings 03/13 LIST OF DRAWINGS 00015 -1 BIDDING REQUIREMENTS 00100 Bid Solicitation 00115 General Conditions of Submitting Sealed Bids to Calhoun County, Texas 00200 Instructions to Bidders 00410 Bid Form 00430 Bid Form Supplements 00450 Representations and Certifications 00490 Bidding Addenda ADVERTISEMENT FOR BIDS FOR SEADRIFT BAYFRONT PIER CALHOUN COUNTY, TEXAS NO. 5107-486-01 Sealed bids addressed to Calhoun County will be received at the office of the Honorable Michael J. Pfeifer, County Judge, Calhoun County Courthouse, 211 S. Ann St., Third Floor, Ste. 301, Port Lavaca, Texas 77979, until 10:00 a.m., THURSDAY, MAY 16, 2013, for the Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01. Immediately following the closing time for receipt of bids, the bids will be publiciy opened and read aloud in the County Judge's Office, Calhoun County Courthouse, 211 S. Ann St., Third Floor, Ste. 301, Port Lavaca, Texas 77979. Any bids received after closing time will be returned unopened. A pre-bid conference will be held at the office of Kenneth W. Finster, Calhoun County Commissioner, Precinct #4,104 E. Dallas St., Sea drift, Texas 77983, at 2:00 p.m., THURSDAY, MAY 2, 2013. Immediately following the pre-bid, a field trip to the project site will be conducted. All BIDDERS are strongly urged to attend. The project consists of constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, iocated along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas. BiDDERS must submit a bid bond, cashier's or certified check payable without recourse to the order of Calhoun County, in an amount not iess than five percent (5%) of the bid submitted as a guarantee that the BIDDER will enter into a contract and execute bonds and guarantee in the forms provided within fifteen (15) days after Notice of Award of contract to him. Bids submitted without the required security will not be considered. The successful BIDDER will be required to purchase and furnish a Performance Bond and a Payment Bond, each in the amount of the contract, written by a responsible surety company, authorized to do business in the State of Texas, as required by Article 5160, VAT.C.S., as amended by H.B. 344, passed by the 56th Legislature, Reguiar Session, 1959. BIDDERS are expected to inspect the site of the work and to inform themselves regarding all local conditions. Information for BIDDERS, proposal forms, specifications and plans are avaiiable for inspection during regular business hours at Urban Engineering, 2004 N. Commerce, Victoria, Texas 77901, (361)578-9836. Prospective BIDDERS may obtain complete sets of the plans, project manual and specifications from Urban Engineering for a non-refundable fee of $75.00 per set. BIDDERS are required to obtain a complete set of Bidding Documents from Urban Engineering to submit a bid. This project will be totally funded with Federal Coastal Impact Assessment Program (ClAP) grant resources administered by the U.S. Department of the Interior, Fish and Wildlife Service, which will require special conditions to be met. E18087.01 - Advertisement for Bids 03f13 00100 -1 These General Conditions are reqnired by Calhonn Connty. In the event of a conflict between these conditions and similar provisions contained elsewhere in the Bidding Docnments, these conditions shall govern. GENERAL CONDITIONS OF SUBMITTING SEALED BIDS TO CALHOUN COUNTY, TEXAS FAIL URE TO COMPLY WITH THESE GENERAL CONDITIONS MAY RESULT IN THE BID BEING DISQUALIFIED. 1. BID: ~ SUBMIT ORIGINAL and TWO (2) Copies ohoul' Bid A. DUE - TIME AND DATE: Sealed bids must be in the office of the County Judge, by 10:00 AM, THURSDAY, MAY 16, 2013. The clock in the County Judge's office is the official dock that will be used in determining the time that a bid is received and the time that bids will be opened. A late delivety with an em-Iy postmm-k will not suffice. Be sure you have allowed ample time for postal delivety. The County will not be responsible for the delivery of your bid to the office of the County Judge. If you choose to send your bid by postal delivery, then it is recommended that you call the County Judge's office at 361-553-4600 to verifY receipt of your bid prior to the opening date. Calhoun County accepts no financial responsibility for any cost incurred by any vendor in the course of responding to these specifications. Calhonn County does not accept faxed or em ailed bids. All BIDS ARE DUE on or before 10:00 AM. THURSDAY, MAY 16, 2013 at the following address: Honorable Michael J Pfeifer, County Judge Calhoun County Courthouse 211 S Ann St Third Floor, Ste 301 Port Lavaca TX 77979 ~ Mark outside of envelope: SEALED BID - SEADRIFT BA YFRONT PIER, CALHOUN COUNTY, TEXAS, NO. 5107-486-01 If you send your bid by UPS, FEDEX, etc, the outside of this envelope or box must be marked Sealed Bid - Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01. 00115 -1 B. WITHDRAWAL OF BID: A vendor may withdraw his/her bid before County acceptance of his/her bid without prejudice to himself/herself, by submitting a written request for its withdrawal to the County Judge. C. BID OPENING & AWARD: Vendors are invited to be present at the opening (acknowledgement) of bids on Thursday, May 16, 2013, 10:00 AM, Calhonn County Courthouse, County Judge's Office, 3rd Floor, Room 301, Port Lavaca, TX. The bids will be considered for award on Thursday, May 23,2013, during Commissioners' Court. 2. A. Bid package may be obtained fi'om Urban Engineering, 2004 N. Commerce, Victoria, Texas 77901, (361) 578-9836. B. The Bid must be signed and dated by an officer (or employee) who is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Vendor, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to Calhow1 County or any other person engaged in this type afbusiness prior to the official opening of this bid C. All instructions ffild specifications in the Request for Bid must be followed ffild met. 3. EXCEPTIONS If exceptions are being taken to any part of specifications, have them listed in the Bid or on your letterhead and manually sign ffild date. 4. TAXES Calhoun County is exempt from Sales and Use Tax and Federal Excise Tax. The bid must not include these taxes, 5. AWARD Commissioners' COUli reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to CalhoUll County and to be the sole judge in determining which bid will be most advantageous to Calhoun County. The COUllty of Calhoun, Texas is an Equal Employment Opportunity Employer. The COUllty does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. 6. DELIVERIES: Upon ffilY breach of contract, the County reserves the right to proceed against the successful vendor and/or the surety on his bond for any and all damages occasioned by the breach. 00115 - 2 7. REJECTIONS: All disputes concerning this bid will be determined by Commissioners' Court or their designated representative. 8. CONDITIONS PART OF BIDS: The General Conditions of Submitting Bids defined herein shall be a part of the attached bid. 9. OSHA REQUIREMENTS The vendor or contractor hereby guarantees to the County of Calhoun, Texas that all materials, supplies, equipment, and any work done as listed on the bid, contract or purchase orders meets or exceeds the requirements, specifications, and standaTds as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. 10. PROTEST PROCEDURES: Any actual or prospective vendor who believes they are aggrieved in comlection with or pertaining to a bid may file a protest. The protest must be delivered in writing to the Auditor's Office, in person or by celiified mail return receipt requested prior to aWaTd. The v{ritten protest must include: 1. Name, mailing address and business phone number of the protesting party; 2. Appropriate identification of the bid being protested; 3. A precise statement of the reasons for the protest; and 4. Any documentation or other evidence suppOliing the protest and any alleged claims. The Auditor's Office will attempt to resolve the protest, including at the Auditor's option, meeting with the protesting pmiy. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to COlmnissioners' Couti. Ifthe Auditor's Office is not successful in resolving the protest, the protesting party may request in wIiting that the protest be considered by Conmlissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review snch docutnentation and information. If additional information is desired, Commissioners' Couti may notify the necessmy pmiy or parties to the protest to provide such information. The decision of COlmnissioner's Couti will be final. 11. PUBLIC INFORMATION ACT: A. All govermnental infonnation is presumed to be available to the public. Celiain exceptions may apply to the disclosure ofthe information. Governmental bodies shall promptly release requested information that is not confidential by law, either 00115 - 3 constitutional, statutOlY, or by judicial decision, or information for which an exception to disclosme has not been sought. B. To request information from Calhoun County, please contact: Calhoun County Auditor's Office Comthouse Annex Building Attn: Cindy Mueller, County Auditor 202 S Ann St, Ste B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 cilldv.mueller@calliouncotx.org 00115 -4 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE 1 - DEFI NED TERMS....................................................... .................................. .................. ........... 3 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS ......................................................................................3 ARTICLE 3 - QUALIFICATIONS OF BIDDERS .............................................................................................3 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE............3 ARTICLE 5 - PRE-BID CONFERENCE..........................................................................................................5 ARTICLE 6 - SITE AND OTHER AREAS .......................................................................................................6 ARTICLE 7 -INTERPRETATIONS AND ADDENDA.....................................................................................6 ARTICLE 8 - BID SECURITY ..........................................................................................................................6 ARTICLE 9 - CONTRACT TIMES...................................................................................................................6 ARTICLE 10 - LIQUIDATED DAMAGES ........................................................................................................6 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS............................................................................... 7 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS ............................................................7 ARTICLE 13 - PREPARATION OF BID ......................................................................................................... 7 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS ................................................................................8 ARTICLE 15 - SUBMITTAL OF BID................................................................................................................8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID......................................................................9 ARTICLE 17 - OPENING OF BIDS .................................................................................................................9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ................................................................9 ARTICLE 19 - AWARD OF CONTRACT ........................................................................................................9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE.........................................................................10 ARTICLE 21 - SIGNING OF AGREEMENT....................................................................................................10 ARTICLE 22 - SALES AND USE TAXES .......................................................................................................10 ARTICLE 23 - RETAINAGE ............................................................................................................................1 0 ARTICLE 24 - CONTRACTS TO BE ASSIGNED ..........................................................................................10 ARTICLE 25 - PARTNERING....................................................................................... ..................................10 E180B7.01 - Instructions To Bidders 03/13 00200 - 1 INSTRUCTIONS TO BIDDERS TABLE OF ARTICLES (Alphabetical by Subject) Subiect Article Award of Contract.............. ..........................................................................19 Basis of Bid; Evaluation of Bids ................................................................................................................... 14 Bid Security........................................................................................................................................ ........... 8 Bids to Remain Subject to Acceptance .......................................................................................................18 Contract Security and Insurance................................................................................................................. 20 Contract Times.............................................................................................................................................. 9 Contracts to be Assigned................:........................................................................................................... 24 Copies of Bidding Documents....................................................................................................................... 2 Defined Terms............................................................................................................................................... 1 Examination of Bidding Documents, Other Related Data, and Site ..............................................................4 Interpretations and Addenda......................................................................................................................... 7 Liquidated Damages.................................................................................................................................... 10 Modification and Withdrawal of Bid .............................................................................................................16 Opening of Bids........................................................................................................................................... 17 Partnering .................................................................................................................................................... 25 Pre-Bid Conference....................................................................................................................................... 5 Preparation of Bid........................................................................................................................................ 13 Qualifications of Bidders................................................................................................................................ 3 Retainage .............................................................................................................................. ...................... 23 Sales and Use Taxes.................................................................................................................................. 22 Signing of Agreement.................................................................................................................................. 21 Site and Other Areas..................................................................................................................................... 6 Subcontractors, Suppliers and Others......................................................................................................... 12 Submittal of Bid............................................................................................................................................ 15 Substitute and "Or-Equal" Items ...................................................................... ............................................ 11 E18087.01 lnslruclionsToBidders 03f13 00200 - 2 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plurai thereof: A. Bidder--The Individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered is Urban Engineering, 2004 N. Commerce, Victoria, Tx 77901, (361 )578- 9836. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. If the deposit sum, if any, stated in the Advertisement or Invitation to Bid is refundable, the deposit sum will be refunded upon return to the Issuing Office of the Project Manual and Plans, in good condition, within 10 days of Bid Opening. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Completed Statement of Bidder's Qualifications ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Suppiementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the E1B087.01- Instructions To Bidders 03113 00200 - 3 Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to reiy as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmentai Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitied to rely as provided in paragraph 4.06 of the Generai Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to. Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It Is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; E180B7,01-1nstruclionsToBidders 03f13 00200 - 4 C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and In accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWN ER and others at the Site that relates to the Work as indicated in the Bidding Documents; H, correiate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 A pre-Bid conference will be held at the location, time and date indicated in the Advertisement or Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend .and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Orai statements may not be relied upon and will not be binding or legally effective. E1BOB7.01 - Instructions To Bidders 03/13 00200 - 5 ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanen,t changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATiONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be Issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on the form attached) issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained untii such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which the Work is to be substantially completed and ready for final payment is set forth in the Agreement. ARTICLE 10- LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. E18087.01 Instructions To Bidders 03f13 00200 - 6 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materiais and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonabie objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individuai, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. . 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. E18087.01 -Instructions To Bidders 03/13 00200 - 7 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also be shown on the Bid form. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 15 - SUBMITTAL OF BID 15.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid form, and, if required, the Bid Bond. The Bid must be submiited on the forms provided. The unbound copy of the Bid form is to be completed and submitted with the Bid security and the following data: A. Schedule of Proposed Subcontractors; B. Statement of Bidder's Qualifications; E1B087.01 -Inslrucllons To Bidders 03/13 00200 - 8 C. Assurances - Construction Programs - SF-424D; D. Conflict of Interest Questionnaire - Form CIQ; E. Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions and Lobbying - Form CD-512; F. General Conditions of Submitting Sealed Bids to Calhoun County, Texas. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to the location indicated in the Advertisement or Invitation to Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 [f within 24 hours after Bids are opened, any Bidder flies a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw Its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be dlsqua[lfied from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated In the Bid form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that It would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest In more than one E18087.01 - Instructions To Bidders 03/13 00200 - 9 Bid for the Work may be cause for disqualification of that Bidder and the rejection of ali Bids in which that Bidder has an interest. 19.03 in evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with ihe Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When ENGINEER gives a Notice of Award to the Successful Bidder, it shali be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shali sign and deliver the required number of counterparts of the Agreement and attached documents to ENGINEER. Within fifteen days thereafter, ENGiNEER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - SALES AND USE TAXES 22.01 OWNER is exempt from state and local sales tax pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act. Refer to paragraph 6.10.A of the Supplementary Conditions for additional information. ARTICLE 23 - RETAINAGE 23.01 CONTRACTOR is not allowed to deposit securities in lieu of retainage. ARTICLE 24 - CONTRACTS TO BE ASSIGNED - Not Applicable ARTICLE 25 - PARTNERING - Not Applicable E18087.01 -Instructions To Bidders 03f13 00200 - 10 BID FORM PROJECT IDENTIFICATION: Seadrift Bayfront Pier Calhoun County, Texas CONTRACT IDENTIFICATION AND NUMBER: No. 5107-486-01 THIS BID IS SUBMITTED TO: Calhoun County Honorable Michael J. Pfeifer, County Judge Calhoun County Courthouse 211 S. Ann Sl. Third Floor, Ste. 301 Port Lavaca, Texas 77979 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWN ER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, iocai and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or reiating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmentai Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all . additional or supplementary examinations, Investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect E1B087.01 - Bid Form 03/13 00410 -1 cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including appiying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work In accordance with the Contract Documents for the prices(s) on the following pagels): E16087,01-Bld Form 03/13 00410 - 2 ITEM ESTIMATED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID Mobilization, Insurance and Bonds i. (Maximum 5% of Base Bid) 1 LS $ $ 2. Relocate Existing Timber Steps 1 LS $ $ 3. Timber Pier 1 LS $ $ 4. Timber Railing (42") 530 LF $ $ 5. ADA Timber Railing (34") 255 LF $ $ 6. Pier Lighting and Electrical 1 LS $ $ 7. Limestone Base (Type A, Grade 2) (4") 750 SF $ $ 8. Concrete Pavement (6") 750 SF $ $ 9. Parking Stop 4 EA $ $ Concrete Sidewalk (Attached to 10. Pavement) (4") 180 SF $ $ 11. Concrete Sidewalk (4") 1,670 SF $ $ 12. Concrete ADA Ramp 420 SF $ $ 13. Concrete Curb on ADA Ramp 144 LF $ $ 14. Aluminum ADA Handrail on ADA Ramp 144 LF $ $ 15. Accessible Parking Sign 1 EA $ $ Project Sign (Refer to Section 00810 of 16. the Bidding/Contract Documents) 1 EA $ $ TOTAL BASE BID $ E18087.01 Bid Form 03113 00410 - 3 ITEM ESTIMATED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE ALTERNATE 1 Precast Concrete Trash Receptacle 17. (Includes Concrete Pad) 2 EA $ $ Concrete Bench (TAS Compatible, With 18. Concrete Pad) 4 EA $ $ TOTAL AL TERNA TE 1 $ ALTERNATE 2 19. Upgrade Pier Lights to LED 1 LS $ $ 20. Upgrade Fishing Lights to LED 1 LS $ $ TOTAL AL TERNA TE 2 $ TOTAL BID (BASE BID + ALTERNATE 1 + ALTERNATE 2) $ E18087,01-Bid Form 03/13 00410 - 4 Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 6.01 Bidder agrees that the Work will be substantially complete within calendar days (TO BE FILLED IN BY BIDDER) after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 14 calendar days after the date of substantial completion. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following document(s) are attached to and made a condition of this Bid: A. Required Bid Security in the form of Security: Bond, Cashier's Check, Certified Check); (specify type of Bid B. Schedule of Proposed Subcontractors to be identified in this Bid; C. Statement of Bidder's Qualifications with supporting data; D. Assurances - Construction Programs - SF-424D; E. Conflict of Interest Questionnaire - Form CIQ; F. Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions and Lobbying - Form CD-512; G. General Conditions of Submitting Sealed Bids to Caihoun County, Texas. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on State Contractor License No. (If applicable) If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: E1B087.01 Bid Form 03/13 00410-5 A Partnership Partnership Name: (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: Phone No.: FAX No.: Date of Qualification to do business Is A Joint Venture Joint Venturer Name: (SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: E18087.01 - Bid Form 03/13 00410 - 6 Joint Venturer Name: (SEAL) By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) E18087.01 - Bid Form 03{13 00410 - 7 SCHEDULE OF PROPOSED SUBCONTRACTORS Bidder proposes the following subcontractors to be used for major portions of the project. All major subcontractors must be listed and submitted with the Bid. Bidder may change subcontractors after Bid submittal only as approved by the Engineer. Major subcontractors are those who will do work having a total value of more than five percent (5%) of the Contract amount. The maximum total value of work performed by all subcontractors on the project shall not exceed fifty percent (50%) of the Contract amount. Subcontractor Address & Telephone Number Speciality Subcontract Amount 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. E180B7,01 - Schadule of Proposed Subcontractors 03f13 00430 - 1 PENAL SUM FORM BID BOND BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): llilliQ BOND NUMBER: DATE (Not later than Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal ~ ~ Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title Note: (1) (2) Above addresses are to be used for giving required notice. Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. EJCDC NO. 1910-28-C (1996 Edition) E180B7.01-BidBond 03113 00430 - 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by OWNER, or 3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located In the state in which the Project is located. PENAL SUM FORM 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposai as applicable. EJCDC NO. 1910-28-C (1996 Edition) E18087.01 - Bid Bond 03/13 00430 - 3 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: Address: Date Organized: Date Incorporated: Number of years in contracting business under present name: CONTRACTS ON HAND: Contract Dollar Amount Completion Date Type of work performed by your company: Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? List the projects most recently completed by your firm (include projects of similar importance): Project Dollar Amount MolYr Completed E18087.01 - Slalement of Bidder's Qualifications 03/13 00450 - 1 Major equipment available for this contract: Executed this day of By: (Signature) (Title) (Print Name) State of County of Sworn to and subscribed before me this day of Notary Signature Printed Name In and for the State of Commission Expires E18087.01 - Statement of Bidder's Qualifications 03f13 00450 - 2 ASSURANCES - CONSTRUCTION PROGRAMS OMB Approval No. 0348-0042 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing lstructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing t11is burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legai authority to appiy for Federal assistance, 8. Will compiy with the intergovernmental Personnel Act and the institutional. manageriai and financial capability of 1970 (42 U.S.C. 994728-4763) relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnei Administration (5 C.F.R. 900, Subpart F). 2. Wiil give the awarding agency, the Comptroiler General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Wiil record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired in whole or in part with Federal assh?tance funds to assure non- discrimination during the useful life of the project. 4. WlII comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Wiil initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 994801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with ail Federal statutes relating to non- discrimination. These include but are not limited to: {a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin: (b) Title iX of the Education Amendments of 1972, as amended (20 U.S.C. 991681 1683, and 1685-1686), which prohibits discrimination on the basis of sex: (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 9794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 996101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616). as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 99523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 99290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 993601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, U) the requirements of any other nondiscrimination statute(s) which may apply to the application. 00450 - 3 Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 Previous Edition Usable 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to a[1 interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 881501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. 88276a to 276a-7). the Copeland Act (40 U.S.C. 8276c and 18 U.S.C. 8874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 88327- 333) regarding labor standards for federally-assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster Protection Act of 1973 (P .L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514: (b) notification of violating facilities pursuant to EO 11738: (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 881451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 887401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523): and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 18. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 13131271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 8470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 813469a-1 etseq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMS Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED I 00450 - 4 SF-424D (Rev. 7-97) Back CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H,B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Dale Received by a person who has a business relationship as defined by Section 176.001 (i-a) with a local governmentai entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator ofthe local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. .:!J Name of person who has a business relationship with local governmental entity. ~D Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire willl the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) :u Name of local government officer with whom filer has employment Of business relationship. Name of Officer This sectlon (item 3 inclUding subparts A, B, C & DJ must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? DYes DNO B. Is the filer of the questionnaire receiVing or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? DYes DNo C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? DYes DNa D. Describe each employment or business relationship with the local government officer named in this section. 'U Signature of person doing business with the governmental entity Date Adopted 06/29/2007 00450 - 5 FORM CD-512 (7-91) LF U.s. DEPARTMENT OF COMMERCE CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS AND LOBBYING Applicants should refer to the regulations cited below to determine the certification to which thay are required to attest. Applicants should also review the instructions for certification induded in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement)" and 15 CFR Part 28, "New Restrictions on Lobbying." 1. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS As required by executive Order 12549, Debarment and Suspension, and implemented at 15 CFR Part 26, Section 26.510, Participants responsibilities, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subtler recipient wi!! have a critical influence on or substantive control over the award), as defined at 15 CF Part 26, Sections 26.105 and 26.110- (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in conncection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Repoli -Lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure Of guarantee a loan, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making Of entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certlfication(s). NAME OF APPLICANT AWARD NUMBER ANO/OR PROJECT NAME PRINTEO NAME ANO TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE 00450 - 6 DATE 00490 BIDDING ADDENDA CONTRACTING REQUIREMENTS 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Bonds 00620 Certificates 00640 Release of Liens 00700 General Conditions 00800 Supplementary Conditions 00810 ClAP Special Conditions 00940 Modifications NOTICE OF AWARD Dated: TO: ADDRESS: CONTRACT: Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 PROJECT: Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas You are notified that your Bid dated Contract has been considered. You awarded a Contract for , for the above are the apparent Successful Bidder and have been (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your Contract is Dollars ($ ). One (1) copy of the proposed Contract Documents accompanies this Notice of Award. You must comply with the following conditions precedent within 15 days of the date you receive this Notice of Award. 1. Deliver to the ENGINEER one (1) fully executed set of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security (Bonds) as specified in the Instructions to Bidders (Article 20) and General Conditions (paragraph 5.01). EJCDC No. 1910-22 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated Genera! Contractors of America and the Construction Specifications Institute. E18087.01 Notice of Award 03/13 00510 -1 3. List other conditions precedent. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you compiy with the above conditions, ENGINEER will return to you one fully executed copy of the Contract Documents. URBAN ENGINEERING By: Matt A. Glaze, P.E. Project Engineer Copy to OWNER E18087.01 - Notice of Award 03f13 00510-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is by and between CALHOUN COUNTY, (hereinafter called OWNER), and , (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 iinear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas. ARTICLE 2 - THE PROJECT 2.01 The Project, for which the Work under the Contract Documents may be the whoie or only a part, is generally described as the Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Urban Engineering who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authoriiy assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, it any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 14 calendar days after the date of substantial completion. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work Is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if E18067.01 - Agreement 03/13 00520 - 1 the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separateiy identified item of Unit Price Work times the estimated quantity of that item as indicated in the Contractor's Bid in the amount of $ , attached hereto as an exhibit. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the first day of each month during performance of the Work as provided in paragraph 6.02.A.1 below. All such payments will be measured by the schedule of vaiues established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below but, In each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. Ninety percent (90%) of Work completed (with the balance being retalnage); and b. Ninety percent (90%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the E18087.01 Agreement 03/13 00520 - 2 General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of six percent (6%) per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become famiiiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Faciiities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibiiity for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additionai examinations, investigations, explorations, tests, studies, and data with the Contract Documents. E18087.01-Agreemenl 03/13 00520 - 3 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement; 2. Performance Bond; 3. Payment Bond; 4. Other Bonds; 5. General Conditions; 6. Supplementary Conditions; 7. ClAP Special Conditions; 8. Specifications as listed in the Table of Contents of the Project Manual; 9. Drawings as listed on page 00015-1 of the Project Manual; 10. Addenda; 11. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed; b. CONTRACTOR's Bid; c. Documentation submitted by CONTRACTOR prior to Notice of Award; 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. E18087.01 - Agreement 03f13 00520 - 4 D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract wili be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in. any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibiiity under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. [The rest of this page is intentionally blank.] E18087.01 - Agreement 03/13 00520 - 5 IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed by their duly authorized officials in one original. Additional copies of the executed original Agreement will be distributed to all appropriate parties. The effective date of this Agreement will be OWNER: CONTRACTOR: CALHOUN COUNTY By: Michael J. Pfeifer, County Judge By: (Corporate Seal) (Corporate Seal) Attest: Attest: Address for giving notices: Calhoun County Courthouse 211 S. Ann Sf. Third Floor, Ste. 301 Port Lavaca, Texas 77979 Address for giving notices: License No.: (Where applicable) Agent for service of process: (If Contractor is a corporation or a pat1nership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Title: Address: Name: Title: Address: Phone: Facsimile: Phone: Facsimile: E18087.01 - Agreement 03/13 00520 - 6 NOTICE TO PROCEED Dated: TO: ADDRESS: (CONTRACTOR) CONTRACT: Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 PROJECT: Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas You are notified that the Contract Times under the above Contract will commence to run on ,By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is and the date of readiness for final payment is Before you may start any Work at the Site, paragraph 2.05.C of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: URBAN ENGINEERING By: MattA. Glaze, P.E. Project Engineer Copy to OWNER EJCDC No. 1910-23 (1996 Edition) Prepared by the Engineers Joint Contract Documanls Committee and endorsed by The Associated General Conlfaclors of America and the Construction Specifications Institute. E18087.01 - Notice To Proceed 03/13 00550 - 1 Performance Bond II,ny singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of A.merica, and the American Institute of Architects. E18067.01 - Performance Bond 03/13 00610 -1 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance oftlle Contract, which is incorporated herein by reference. 2. lfthe CONTRACTOR performs the Contract, the Surety and the CONTRACTOR 'ave no obligation under this Bond, except to participate in conferences as provided I paragraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and fonnally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Defau]t shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 3.3. The OWNER has agreed to pay the Balance ofthe Contract Price to: 3.3.1. The Surety in accordance with the tenns of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one ofthe following actions: 4. I. Arrange for the CONTRACTOR, with consent of the O\:vNER, to perfonn and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents Ji" through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4. Waive its r-ight to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4.4. I After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment t.herefor to the OWNER; or 4.4.2 Deny liability in whole or in part and notifY the OWNER citing reasons therefor. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform ils obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has temlinated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those ofthe OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-perform311ce of the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, inclnding changes of time, to the Contract or to related subcontracts, pnrchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR Defau]t or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perfonn its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. I I. When this Bond has been furnished to comply with a statutory or other lega] requirement in the location where the Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intellt is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract. 12.2. Contract The agreement between the OWNER alld the CONTRACTOR identified on the signature page, including all Contract Documents und changes thereto. 12.3. CONTRACTOR Default Failure of the CONTRACTOR, which has neither been remedied nor waived, to perfonn or otherwise to comply with the terms ofthe Contract. 12.4. OWNER Default Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perfonn and complete or comply with the other tenns thereof. (FOR INFORMATION ONL Y--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): E18087.01 - Performance Bond 03/13 00610 - 2 Payment Bond \ny singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee. the Associated General Contractors of l\merica, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. E18087.01 . Payment Bond 03/13 00610-3 ]. The CONTRACTOR und the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the perfonnimce of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the 20NTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who ti.lmished labor, materials or equipment for use in the perfonnance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 3. With respect to Claimant~, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last perfonned labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount ofthe claim and the name of the party to whom the materials were fumished or supplied or for whom the labor was done or perfonned; and 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of fumishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragmph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take tbe following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that arc undisputed and the basis for challenging any amounts that are disputed. 6.2. Payor arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR fumishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the perfomlftnce of the Contract are dedicated to satisty obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was perfonned by anyone or the last materials or equipment were f'iimished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. Ifthe provisions ofthis paragraph are void or prohibited by law, the minimmr period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such StahltOry or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly fumish a copy of this Bond or shall pennit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the CONlRACTOR or with a Subcontractor of the CONTRACTOR to fumish labor, materials or equipment for use in the perfonnance of the Contract. The intent of this Bond shall be to include WitllOut limitation in the tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the .contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Contract The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONL Yo-Name, Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): E18087.01 - Payment Bond 03/13 00610 - 4 CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 OWNER: Calhoun County CONTRACTOR: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, SURETY COMPANY, on bond of CONTRACTOR, hereby approves of the final payment to the CONTRACTOR, and agrees that final payment to the CONTRACTOR shall not relieve the SURETY COMPANY of any of its obligations to OWNER as set forth in the said SURETY COMPANY's bond. IN WITNESS WHEREOF, the SURETY COMPANY has hereunto set its hand this day of ATTEST: SURETY COMPANY Signature of Authorized Representative Title (SEAL) E18087.01 - Consent of Surety Company to Final Paymant 03/13 00610 - 5 APPLICATION FOR PAYMENT NO. To: From: Contract: Project: Calhoun County (OWNER) (CONTRACTOR) Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas OWNER'S Contract No.: 5107-486-01 For Work accomplished through the date of: ENGINEER'S Project No.: E18087.01 1. 2. 3. 4. 5. Original Contract Price: Net change by Change Orders and Written Amendments (+ or -): Current Contract Price (1 plus 2): Total completed and stored to date: Retainage (per Agreement): _ % of completed Work: $ % of stored material: $ Total Retainage: Total completed and stored to date less retainage (4 minus 5): Less previous Applications for Payment: DUE THIS APPLICATION (6 MINUS 7): $ $ $ $ $ $ $ $ 6. 7. 8. Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated CONTRACTOR By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated URBAN ENGINEERING By: EJCDC No. 1910-8-E (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specilil::ations Institule. E18087.01 - Application For Payment 03f13 00620 - 1 en w :J ...J <( > u.. o W ...J :J C W :c () en Cll ::l o Cll ~ - '" "0 ::l 0 Of- ~ '" '" Cll" ::l 0 0.- ~ - Cll Sa. o <II E:2 <(f- '" '" Cll ~ Cll Cll~ - '" Q.O E 0 Of- U Cll" _ 0 Q) ';: - Cll Q.a. E <II o .- UJ: f- 0; - '" o - <II o U iii ~ o f- '" '" ~ <II o U o Z " o :;:: '" .!l Q. Q. <( :!:: " :J", - 'c :J i o " o :g .;: o <II Cll o ...J ;: o f- E . Cll 0 :::Z N o N <D o o c ~ ~ . ~ o ~ c o ~ " a. .. ;; ,c gg ~~ Wo CERTIFICATE OF INSURANCE (Sample Form) (This can be replaced with form from Insurance Company) Owner of Project: Address of Owner: Project to be Performed by Insured: Date of Certificate: THIS IS TO CERTIFY THAT (Nama and Address of Insured) is, at this time, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policv Number Effective Expires Lirnits of Liability Workmen's Compensation Public Liability Contingent Liability Property Damaqe Builder's Risk Automobile Other The foregoing policies (do) (do not) cover all subcontractors. Locations covered: Description of operations covered: E180B7.01-Certificateoflnsurance 03f13 00620 - 3 CERTIFICATE OF SUBSTANTIAL COMPLETION DAtE OF ISSUANCE: OWNER: Calhoun County CONTRACTOR: CONTRACT: Seadrifl Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 PROJECT: Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrifl, Calhoun County, Texas OWNER'S CONTRACT NO.: 5107-486-01 ENGINEER'S PROJECT NO.: E18087.01 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To CALHOUN COUNTY OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCOC No. 1910-8-0 (1996 Edition) Prepared by the Engineers Joint ContractDocumenls Committee and endorsed by The Associated General Contractors of America and the Construction Specifications lnstitute. E18087.01-CertificateofSubs!antiaICompletion 03/13 00620 - 4 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contracf Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on (Date) URBAN ENGINEERING (ENGINEER) By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on '-' (Date) (CONTRACTOR) By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on '-' (Date) CALHOUN COUNTY (OWNER) By: (Authorized Signature) E1B087.01 - Certificate of Substantial Completion 03/13 00620 - 5 CERTIFICATE OF FINAL COMPLETION DATE OF ISSUANCE: OWNER: Calhoun County CONTRACTOR: CONTRACT DATE: CONTRACT AMOUNT: CONTRACT: Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 PROJECT: Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet. of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas . . OWNER'S CONTRACT NO,: 5107-486-01 ENGINEER'S PROJECT NO.: E18087.01 This Certificate of Final Completion applies to all Work under the Contract Documents. The Work to which this certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that the Work is hereby declared to be complete in accordance with the Contract Documents on DATE OF FINAL COMPLETION Executed by ENGINEER on (Date) URBAN ENGINEERING (ENGINEER) By: (Authorized Signature) CONTRACTOR accepts this Certificate of Final Cornpletion on (Date) (CONTRACTOR) By: (Authorized Signature) OWNER accepts this Certificate of Final Completion on (Date) CALHOUN COUNTY (OWNER) By: (Authorized Signature) E18087.01 Certificate of Final Completion 03/13 00620 - 6 AFFIDAVIT OF ALL BILLS PAID THE STATE OF COUNTY OF personally appeared before the undersigned authority on this day and, having been duly sworn, states under oath that he is a duly authorized representative of the Contractor, and that the Contract for the Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486- 01 has been fully completed and that all bills of the subcontractors for labor, materials and equipment, and supplies furnished in connection with this Project have been fully paid. Signature Typed Name Title Sworn to and subscribed before me this day of Notary Signature Printed Name In and for the State of Commission Expires E18087.01 -Affidavit of All Bills Paid 03f13 00620 - 7 GUARANTEE KNOW ALL MEN BY THESE PRESENTS: That we, ("CONTRACTOR"), of the City of , County of , and State of , as CONTRACTOR for the Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01, jointly and severally represent, warrant, and guarantee as follows: 1. That all of the work ("Work") contemplated by that certain Contract dated , between Calhoun County ("OWNER") and (the undersigned CONTRACTOR) has been completed in accordance with the plans, specifications, and change orders referred to therein. 2. That all Work is free from faulty rnaterial in every particular throughout. 3. That all Work is free from improper workmanship throughout. 4. That all Work is guaranteed against unusual damage from proper and usual wear. 5. That CONTRACTOR will replace and/or re-execute, without cost to the OWNER such work as may be found to be defective or not completed in accordance with Contract Documents and Modifications, and will make good all damages caused to other work or rnaterials as a result of such defective work or its required replacement or re-execution. 6. That CONTRACTOR agrees to replace and/or re-execute defective or improperly completed work for maintenance and all other purposes found within one (1) year after the date of final and unconditional acceptance of the Work by OWNER as evidenced by OWNER'S Certificate of Acceptance of Work and/or the date of OWNER'S written acceptance of Work. 7. That CONTRACTOR agrees in the event that CONTRACTOR attempts to replace and/or re- execute defective or improperly completed work during the initial one (1) year period of this Guarantee, but CONTRACTOR does not properly replace and/or re-execute such defective or improperly completed work, then the Guarantee period may be extended by OWNER at its sole option for an additional period necessary for proper replacement and/or re-execution of the Work by the CONTRACTOR within the terms of this Guarantee. 8. That CONTRACTOR agrees the one (1) year period of this Guarantee will not limit OWNER'S other rights under common law to have defects remedied when discovered after one (1) year. 9. That notice of defective or improperly completed work shall be made in writing by certified or registered mail, return receipt requested, and addressed as follows: OWNER: Calhoun County Honorable Michael J. Pfeifer, County Judge Calhoun County Courthouse 211 S. Ann St. Third Floor, Ste. 301 Port Lavaca, Texas 77979 CONTRACTOR: E18087.01 - Guarantee 03/13 00620 - 8 EXECUTED on this the E18087.01-Guarantee 03f13 day of CONTRACTOR By: (Signature) Title: 00620 - 9 FINAL WAIVER OF LIEN RIGHTS FROM: (Contractor) TO: Calhoun County (Owner) PROJECT: Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 1. The undersigned does hereby waive, release, and surrender any claim, lien, or right of lien resulting from labor, skill, and/or materials, subcontract work, equipment, or other work, rent services, or supplies, heretobefore furnished in and for the construction improvernent, alteration or additions to the above-described project prior to the date hereof. 2. The undersigned further states that "Pay Estimate No. " attached hereto, as it relates to construction costs payable pursuant to its construction contract with Calhoun County is accurate as of the date hereof and that there are no mechanics' or materialmen's liens outstanding at the date of this Waiver. All due and payable bills with respect to the work performed by CONTRACTOR have been paid to date or are included in the amount requested in the attached Final Pay Estimate and there is no known basis for the filing of any mechanics' or materialmen's liens against the land or improvernents of the OWNER; and waivers from all subcontractors and materialmen of subcontractor for work done and materials furnished have been obtained in such form as to constitute an effective waiver of all such liens under the laws of the State of Texas. 3, This Waiver of Lien Rights: a. is given to secure payment for the work under the CONTRACTOR'S construction contract in the amount of $ as indicated in the attached Pay Estimate No. Final; b. will be fully effective upon receipt of said payment in full. 4. In further consideration of the payrnent as above set forth, and to induce the OWNER to make said payment, the undersigned agrees to defend and hold harmless the OWNER, Calhoun County, OWNER'S lender, and/or any principal or surety from any claims hereinafter made by the undersigned and/or its employees, agents, servants, or assigns of such parties against the project. 5. The undersigned further states that upon receipt of the amount specified in Section 3(a) above, CONTRACTOR will have been fully paid for all sums due from OWNER under the construction contract and due from and after such receipt CONTRACTOR shall have no right or claim to any further payment from OWNER for any materials furnished or work performed by CONTRACTOR or by any person or entity claiming by, through, or under CONTRACTOR. E18087.01 - Final Waiver of Lien Rights 03f13 00640 - 1 6, It is acknowledged that the designation of the above project constitutes an adequate description of the property and improvements for the purposes of this instrument. Dated this day of CONTRACTOR (Signature) By: Title: STATE OF COUNTY OF !l !l !l The foregoing Final Waiver of Lien Rights was subscribed and sworn to me this day of , by , as of WITNESS MY HAND AND OFFICIAL SEAL. Notary Public Signature Printed Name Commission Expires E18087.01 - Final Waiver of Lien Rights 03/13 00640 - 2 'This document has imPortant legal consequences; consultation with an attorney is encouraged wi1h respect to its use or modification. This document should be adapted to the particular circumstances of the contempla1ed Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE .cONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITI'EE and ~~ Issued and Published Jointly By National Society of Professional Engineers Professional Engineers in Private Practice BE AMERICAN CONSULTING ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY OF CIVIL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by """~'."."!Tr The Associated General ~, Contractors of America ~Jltlf.~ Construction Specifications Institute ~Advallo..mellf -. "'COlls/ructfon TechnO/OilY These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 191O-8-A-l or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Prepara1ion of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) Copyright'" 1996 National Sociely of Professional Engineers 1420 King Street, Alexanrnia, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 Amelican Sociely of Civil Engineers 345 East 47th Street, New York, NY 10017 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................,....,.................................,.........,................6 1.01 Defined Terms... .................................................................................,............. ........................................,........6 1,02 Tenninology.... .................. ...... .............. .............. ............. ........... ......................... ............ ............ ................. .....8 ARTICLE 2 .. PRELlMINARY MA TTERS.........................................................................................................................,.........9 2.01 Delive,y of Bonds ...................................,..............................................:......................................................,....9 2.02 Copies of Documenis............ ............................................... ...........,. .......,...,.....................................................9 2.03 Commencement afContract Times; Notice to Proceed....................................................................................9 2.04 Starting the Work..................,.................................................................,........................................................,.9 2.05 Before Starting Construction............................ ..............................................,.................................................9 2.06 Preconstruction Conference,............... ..... ..............................................................................,.........,..............., 1 0 2.07 Initial Acceptance of Schedules.................................. ..................... ....................... ............,............................,10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..........................................................................10 3.0 11ntent..... ........................................................ ................................ ................................ .....................................10 3.02 Reference Standards............................................ ......................... ....... .........,.............. .........,.......................... ..11 3.03 Reporting and Resolving Discrepancies ...........................................................................................................11 3.04 Amending and Supplementing Contract Documents........................................................................................11 3.05 Reuse of Documents ..........................................................................................................................................11 ARTICLE 4 - A V AlLABlL1TY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ...................................................................,.......................................,.........................................,...............12 4.01 Availability of Lands ........................ ........ .................. ................................... ...........................,...................... ..12 4.02 SubsUlface and Physical Conditions ................................................................................................................12 4.03 Differing SubsUlface or Physical Conditions .........................................................................................,.........12 4.04 Underground F ac/lities................ ................ .......................................................................,......................... ....13 4.05 Reference Points.....,.......................... ....... ......................... ........... .............,..........................,.......................... ..14 4.06 Hazardous Environmental Condition at Site ...........................................,.......................,.......,........................14 ARTICLE 5 - BONDS AND INSURANCE................................................................,..................................................................15 5.01 Performance, Payment, and Other Bonds ........................................................................................................15 5.02 Licensed Sureties and Insurers .,.......................................................................................................................16 5.03 Certificates of Insurance............. ....................... ......................................... ..........,...............,.......................... .16 5.04 CONTRACTOR's Liability Insurance............... ...................... ...................................... ........,.......................... .16 5.05 OWNER's Liability Insurance..................................................................... ........................,.............................17 5.06 Property Insurance....................... ..... ............. .........................................................................................,....... ..17 5 .07 Waiver of Rights............................... ...... ............;................ ......,....... ........... .................... ...................... ......... ..18 5.08 Receipt and Application of Insurance Proceeds..........................................,....................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace.............................,...................................................19 5.10 Partial Utilization, Aclmowledgment of Property Insurer ...,........,............,.,.......,..........................................,19 ARTICLE 6 - CONTRACTOR'S RESPONSIBlLITIES.............................................................................,.. ...............................19 6.01 Supervision and Superintendence.... ......................................................................................,..................,.... ...19 6.02 Labor; Working Hours.............................. .....................................,..............,.......,.,..................... ............,......,19 6.03 Services, Materials, and Equipment....................,...........................,....,.................................,.,.............,...... ...19 6.04 Progress Schedule....... .......................,................................,........................ ...... ............. .....,.........,.....,.......... ..20 6.05 Substitutes and "Or-Equals" .... .......................,...........................................,..........,...,.............................,.......20 6.06 Concerning Subcontractors, Suppliers, and Others .....................,..................................,................................21 00700 - 3 6.07 Patent Fees and Royalties.,.................................................,.,.......................................................,..........,.....,..22 6.08 Permits..................................,..........,.,...........................................,. .......................,..........................................22 6.09 Laws and Regulations...................................................................,........,....,............,.... ..............................,.....23 6.10 Taxes..........................................................................,..........,..,..............,...,..................,.............,.......,.,.....,.....23 6.11 Use of Site and Other Areas ........,..................................,...........................,....,.....................,.....,.....................23 6.12 Record Documents................,.............................,.......,...."..,..........................,.....................,........,..................23 6.13 Safety and Protection.......................,............................................. .................................. ..............,..................24 6.14 Safety Representative...................... ............................,..................,................................................ ........ ..........24 6.15 Hazard Communication Programs.............................,..........................................................,................ ........ ..24 6.16 Emergencies.........................................,............................................. ........... .................................................. ..24 6.17 Shop Drawings and Samples ........................,..................................................................,................................24 6.18 Continuing the Work.....................................,.....................,..,........... ....................... .......,............................. ...26 6.19 CONTRACTOR's General Warranty and Guarantee ..............................................."....,................................26 6.20 Indemnification..... .................. ................. ............. ...................... ........ ............................. ..... .................. ......... ..26 ARTICLE 7 - OTHER WORK ...............................................,......................................................................................,........,...,...27 7.01 Related Work at Site ...............................................................................................................,..........................27 7.02 Coordination ........................................,...........,............................................ .................. ..................................27 ARTICLE 8 - OWNER'S RESPONSIBILITIES ...........................................................................................................................27 8.01 Communications to Contractor............................................. ...................................... ......................................27 8.02 Replacement of ENGINEER......................................................................... ......,..............................................28 8.03 Furnish Data...................... ........................................ ........................................................... ............................28 8.04 Pay Promptly When Due ...................................................................................................................................28 8.05 Lands and Easements; Reports and Tests.......................,..................................,..............................................28 8.06 Insurance.......................,....................................................................................,..,............... ............................28 8.07 Change Orders............................................................................................... ................,...................................28 8.08 Inspections, Tests, and Approvals...........,........,................................. ........... ........,.......... .................................28 8.09 Limitations on OWNER's Responsibilities .......................................................................................................28 8.10 Undisclosed Hazardous Environmental Condition ..........................................................................................28 8.11 Evidence of Financial Arrangements................................................................................................................28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.......,.................................................................................28 9.01 OWNER'S Representative .................................................................................................................................28 9.02 Visits to Site ......................... .........,.... .........................,.....................,............... ......... ................................,..... ..28 9.03 Project Representative ..................... ................. ....................................... ....................................................... ..29 9.04 Clarifications and Interpretations,......................................... ........................................................,................ ..29 9.05 Authorized Variations in Work.......................... ................... ........ ............ ................. .......,.....,........ ............... ...29 9.06 Rejecting Defective Work....................................................... .......................,................................,............... ...29 9.07 Shop Drawings, Change Orders and Payments ............................................................................,..................29 9.08 Determinations for Unit Price Work................................. ....................... .........................................................29 9.09 Decisions on Requirements of Contract Documents and Acceptability ofWork.............................................29 9.10 Limitations on ENGINEER's Authority and Responsibilities ..........................................................................30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................................................................................................30 10.01 Authorized Changes in the Work ....,.............................................................................................,.................30 10.02 Unauthorized Changes in the Work..............................................................................................,.......,.........30 10.03 Execution of Change Orders.................., .................... ............................................... .............. .......................30 10.04 Notification to Surety.,.............................................. ............. .......................,.....................,....., ......................31 10.05 Claims and Disputes... ....................,............................................................................ ...........,........................31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORIC.......................................................31 11.01 Cost of the Work ......................................................................................... ...............................,.........,...........31 00700 - 4 11.02 Cash Allowances......................................... .....................................................................,.,......,..................., .33 11.03 Unit Price Wark....................................,...............,.,.....................,.....,......,......................,....,...,.........,...,....., .34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................................................34 12.0 I Change of Contract Price ..............................................,.......................................... ............,...,.."................ .34 12.02 Change of Contract Times...,....................................,......,..,.................................................,.,.,.............,.....,.35 12.03 Delays Beyond CONTRACTOR 's Control...............,....,."..........,................................................................,.35 12.04 Delays Within CONTRACTOR 's Control.................................................................................,...................,.35 12.05 Delays Beyond OWNER's and CONTRACTOR's Control.......................................................,.............,.......35 12.06 Delay Damages............... ................................................................ ...................... ..................................,..... ..35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORIC.............................................................................................................................................36 13.01 Notice af Defects............................,........................,..,......................................................,...............,..........., ..36 13.02 Access to Work..............................,.......................... ..... ....................................... ,......,... .......................,..... ...3 6 13.03 Tests and Inspections...........,......................................................................................................,.......... "....,..36 13.04 Uncovering Work ........................ ....................................................................,........,...... ......,.,..............,..... ...36 13.05 OWNER May Stop the Work ................................................................................. ..........................................37 13.06 Correction or Removal of Defective Work......................................................................................................37 13 .07 Correction Period................ .............................................................................................,............................ ..37 13 .08 Acceptance of Defective Work................................................................ ..................................... ....... .......... ..37 13.09 OWNER May Correct Defective Work.........,..................................,...............................................................38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ..................................................................................38 14.01 Schedule of Values................................................................ .................. .............................................,....... ...3 8 14.02 Progress Payments................................ ...................................... ..........................................,.........................38 14.03 CONTRACTOR's Ww'ranty of Title ..............,...............................................,.............................................,..40 14.04 Substantial Completion.......:....................................................... ......... ..................................... ...................,..40 14.05 Partial Utilization... ...............................,... .................................. ................................................................. ...40 14.06 Final Inspection.................................. .......................... .............,. ......... ................... .................. ...................,..41 14.07 Final Payment.................... ............. ......... ........... ..............,.................,...................................................... ....41 14.08 Final Completion Delayed........,.................. ........................................,................ ...................................... ....42 14.09 Waiver of Claims..................................................... .................................................................................... ....42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION........................................,....................................,.........,.....42 15.01 OWNER May Suspend Work......................................,.............................,.,....................................,...............42 15.02 OWNER May Terminate for Cause...................................................c............,................................................42 15.03 OWNER May Terminate For Convenience .,..................................................................................................43 15.04 CONTRACTOR May Stop Work or Terminate .....,.........................................................................................43 ARTICLE 16 - DISPUTE RESOLUTION.........................,.............................................................................,.......,.....................43 16.01 Methods and Procedures..............................................................................................................................,.43 ARTICLE 17 - MISCELLANEOUS...................................................................................................,......................,....................44 17.01 Giving Notice....................... ..................................... ..........................................................,...,...,....................44 17.02 Computation of Times ...................................... ............................ .....:......................,.. ............ ................,.......44 17.03 Cumulative Remedies....................................,................. ............ ......,...... ................,.............. ..................... ...44 17.04 Survival of Obligations....................... ........................................................................ .................................. ...44 17.05 Controlling Law ....................................................................................................................................,...... ...44 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used iu the Coutract Documents and printed with initial or all capital letters, the terms listed below will have the mealings indicated which are applicable 10 both the si)lgnlar and plural thereof. 1. Addenda--Written or graphic instruments isslled prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement-- The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for P<ryment--The form acceptahle to ENGINEER which is 10 be used by CON- TRACTOR during the course of the Work in requesting progress or fmal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that coutains more than one percent asbestos and is fi'iable or is releasing asbes10s fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal ofa bidder submit- ted on the prescribed fonn setting forth the prices for the W orle to be perfmmed, 6. Bidding Documents-- The Bidding Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids). 7, Bidding Requirements--The Advertisemen1 or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid fmm with any supplements. 8. Bonds--Performance and payment bonds and other instruments of security. 9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or 01her relief with respect to the tenns of the Contract. A demand for money or services by a third party is not a Claim. 11. Conu'act-- The en1ire and integrated written agreement between the OWNER and CONTRACTOR concerning tbe Work The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- The Contract Docu- ments establish the rights and obligations of the parties and include the Agreemeu1, Addenda (which pertain to the Cou- tract Documents), CONTRACTOR's Bid (including docu- mentation accompanying the Bid and any post Bid documen1ation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, 1he Notice to Proceed, the Bonds, these General Conditions, the Supplemen1ary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of snbsurface and physical conditions are not Contract Documents. Only printed or hard copies of1he items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the lilee that may be furnished by OWNER to CONTRACTOR are not Contract Docmnents. 13. COl1h'act Price--The moneys payable by OWNER to CON1RACTOR for completion of the Work in accordance with 1he Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substan1ial Comple1ion; and (Ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation offmal payment 15. CONTRACTOR--The individnal or en1ity with whom OWNER has entered in10 the Agreement. 00700 - 6 16. Cost of the Work-oSee paragraph 11.01.A for definition. 17. Drawings-- That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The da1e indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the ,Agreeillent is signed and delivered by the last ofthe two parties to sign and deliver. 19. ENGINEER--The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant-An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consul1ant 'with respect to the Project and who is identified as such in the SupplementiliY Conditions. 21. Field Order--A written order issued by ENGIl\[EER which requires minor changes in the Work but which does not involve a change in 1he Contract Price or the Contract Times. 22. General Requirements--Sections of Division I of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in comlection with the Work. 24. Hazardous Waste--The telm Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations-- Any and all applicable laws, rules, regulations, ordinances, codes, aud orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal propelty. 27. Milestone--A principal event specified in the Contract Documen1s relating to an intermediate completion date or time prior to Substantial Completion of all 1he WOlk. 28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall stalt to perform the Work under the Contract Documents. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be pelf armed. 31. Partial Utilization--Use by OWNER of a substantially completed part ofthe Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs--Polychiorinated biphenyls. 33. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34. Project-- The t01al construction of which the Work to be performed under the Contract Documen1s may be the whole, or a pilit as may be indicated elsewhere in the Contract Documents. 35. Project Manual--The bound docmnentary informa1ion prepared for bidding and constructing the W Olk. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative--The autho- rized representative of ENGINEER who may be assigned to 1he Site or any part 1hereof. 00700 - 7 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site--Lands or areas indica1ed in the Contract pocuments as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands fumished by OWNER which are designated for the nse of CONTRACTOR. 41. Specifications-- That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion--The time at which the Wode (or a specified palt thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Docwnents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "snbstantially complete" and "substantially completed" as applied to all or part ofthe Work refer to Substantial Completion thereof, 44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, suppli- er,distributor, materiahnan, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fumish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities--All undergrowld pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, twmels, or other such facilities or attachments, and any encasements containing such facilities, including those that couvey electricity, gases, steam, liquid petroleum products, telephone or other connnunications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work--Work to be paid for on the basis afumt prices. 48. Worlc--The entire completed constmction or the various separately ideutifiable parts thereof required to be provided wlder the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and fumishing, installing, and incorporating all materials and equipment into such constmc1ion, all as required by the Contract DoclUueuts. 49. Work Change Directive--A written statemeut to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommeuded by ENGINEER ordering au addition, deletiou, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which tlle Work is to be pelformed or to emergencies. A Work Change Directive wiIl not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incOlporated in a subsequently issued Change Order following negotiations by the parties as to i1s effect, if any, on the Contract Price or Contract Times. 50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Da1e of the Agreement and normally dealing with the nonengineering or nontechnical rather 1han strictly constmction-related aspects of the Contract Documents. 1.02 Terminology A. Intent o/Certain Terms or Adjectives 1. Whenever iu the Contract Documen1s the terms "as allowed," lIas approved," or tenTIS of like effect or import are used, or the adjectives I'reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of lil(e effect or import are used to describe an action or detennina1ion of ENGINEER as to the Work, it is intended that such actiou or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and confor- mance with the design concept of the completed Project as a functioning whole as shown or indicated in tlle Contract Documents (unless there is a specific statemeut iudicating otherwise). The use of auy such term or adjective shall not be effective to assigu to ENGINEER 00700 - 8 any duty or au1hority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to 1he provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constimte a calendar day of24 hours measured ii-om midnight to the next midnight. C. Defective 1. The word "defective," when modifYing the word "Work, II refers to Work that is unsatisfactory, faulty, or deficient in that it does not confOlID to the Contrac1 Documents or does not ,meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has. been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installa1ion and in usable or operable condition. 2. The word "install," when used in connec- tion with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "peIfonn" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docn- ments, words or phrases which have a well-lmoWll technical or construction industry or trade meaning are used in the Contract Documents in accordance with such. recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 DelivelY of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnlsh 10 CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement afContract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2,04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2,05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully smdy and compare the Contract Documents and check and verifY pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly repOlt in wri1ing to ENGINEER any conflict, enor, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, enor, 00700 - 9 ambiguity, or discrepancy in the Con1ract Docnments unless CONTRACTOR knew or reasonably should have lmown thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless othelwise specified mthe General Reqnirements), CONTRACTOR shall submit t9 ENGINEER for its timely review: 1. a preliminary progress schedule indicat- mg the times (nnmbers of days or dates) for starting and completing the varions stages of the Work, inclnding any Milestones specified in the Contract Documents; 2. a preliminary schednle of Shop Drawing and Sample snbmittals which will list each reqnired submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminmy schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during pelformance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence 0/ Insurance: Before any Work at the $ite is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additioual insured identified in the Supplementary Couditions, certificates of insurance (and other evideuce of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules refe11'ed to in pmagraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance a/Schedules A. Unless othelwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below 1he schednles submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make c011'ections and adjustments and to complete and resubmit the schednles. No progress payment shall be made to CONTRACTOR until acceptable schedules me snbmitted to ENGINEER. I, The progress schedule will he acceptable to ENGINEER if it provides an orderly progression of the Work 10 completion within any specified Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility for the progress schedule, for seqnencing, schednl- ing, or progress of the Work nor interfere with or relieve CONTRACTOR fi'om CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable alTangement for reviewing and processing the required submittals. 3. . CONTRACTOR's schedule of values will be acceptable to ENGINEER as to fonn and substance if it provides a reasonable allocation of the Contract Price to component pmts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Docnments me complementmy; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docmnents. Any labor, documentation, services, materials, or equip- ment that may reasonably be infelTed from the Contract Documents or fi'om prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. 00700 - 10 C. Clarifications and intelpreta1ions of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations I. Reference to standards, specifications, manuals, or codes of any technical society, organiza- tion, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No prOVISIOn of any such standard, specification, manual or code, or any instlUction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set fOlth in 1he Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies I. If, during the perfOlmance of the Work, CONTRACTOR discovers any conflict, enol', ambi- guity, or discrepancy within the Contract Documents or between the Contract Documents and any provi- sion of any Law or Regulation applicable 10 the performance of the Work or of any standard, specification, manual or code, or of any instmction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an anlendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to repOlt any such conflict, enor, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known 1hereof. B. Resolving Discrepancies I. . Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedenee in resolving any conflict, enor, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incOlporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the pelformance of the Work (unless such an interpretation of the provi- sions of the Con1ract Documents would result in violation of such Law or Regula1ion). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in 1he Work or to modifY the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (il) a Change Order; or (ili) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented; and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (il) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or elarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any 1ille to or ownership rights in any of the Drawings, Specifications, or other doeuments (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (il) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific 00700 - 11 written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclnde CONTRACTOR from retaining copies of the Contract Docnments for record pmposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.0 I Availability of Lands A. OWNER shall fumish the Site. OWNER shall notifY CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work OWNER will obtain in a timely J]lanner and pay for easements for permanent strnctures or permanent changes in existing facilities. If CON- TRACTOR and OWNER are unable to .agree on entitle- ment to or on the amount or extent, if any, of any adjust- ment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall fnmish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or constIuction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- ment. 4.02 SubsUlface and Physical Conditions A. Reports and Drawings: Conditions identifY: The Supplementmy 1. those repmts of explorations and tests of subsurface conditions at or contiguous. to the Site that ENGINEER has used in preparing the ContI'act Docmnents; and 2. those drawings of physical conditions in . or relating to existing surface or subsurface struc- tures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in prepm'ing the Contract Docmnents, B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such repmts and drawings are not Contract Documents. Such "teclmical data" is identified in the Supplementary Conditions. Except for such reliance on sucb "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. tbe completeness of such reports and drawings for CONTRACTOR's pmposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shoVo/11 or indicated in such drawings; or 3. any CONTRACTOR inteJpretation of or conclusion drawn from any "teclmical datal! or any such other data) interpretations, opinions, or infor- mation. 4.03 Differing SubsUlface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially. inaccurate; or 2. is of such a nature as to require a change in the Contract Docmnents; or 3, differs materially from that shown or indicated in the Contract Docmnents; or 4. is of an unusual nature, and differs materially from condi1ions ordinarily encoun1ered and generally recognized as inherent in work of the character provided for in the Contract Docmnents; then CONTRACTOR shall, promptly after becoming awm'e thereof and before finther disturbing the subsm-[ace or physical conditions or perfonning any Work in connection 00700 - 12 therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such. ...condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's R""iew: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining addi1ional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Acfjustments 1. The Contract Price or the Contract TinIes, or both, will be eqnitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfol1nance of the Work; subject, however, to the following: a. such condition must meet anyone or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for au a Unit Plice Basis, any adjustment in Coutract Price will be subject to the provisions of para- graphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time, CONTRACTOR made a finat cOlll1llitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Con1ract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final C01lllllitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are rumble to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made 1herefor as provided in paragraph 10,05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all caUlt or arbitration or other dispute resolution costs) sus1ained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Cono'act Documents with respect to existing Underground Facilities at or contiguous to the Sire is based on information and data finnished to OWNER or ENGINEER by the owners of such Underground Facili- 1ies, including OWNER, or by others, Uuless it is otherwise expressly provided in the Supplementaty Couditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such infOlmation or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such informa- tion and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and pro1ection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. . If an Underground Facility is uncovered or revealed at or contiguous to the Site which was 00700 - 13 not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract DoclUl'lents, CONTRACTOR shall, promptly after becoming aware thereof and before finilier disturbing conditions affected thereby or pelforming any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of snch Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and detennine the extent, if any, to which a change is required in the Conn'act DoclUl'lents to reflect and document the consequences of the existence or location of the Underground Facility. Duriug such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes 1hat a change in the Conn'act Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Conn'act Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Conn'act Documents and that CONTRACTOR did not Imow of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10. 05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessmy to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out tlle Work, shall protect and preserve the established reference points and property monuments) and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall repmi to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessmy changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified persmmel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drmvings: Reference is made to the Supplementmy Conditions for the identification of those rep0l1s and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such repmis and drawings, but such reports and drawings are not Contract Documents. Such "tec1mical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such repmis and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of 1he means, methods, techniques, sequences and procednres of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and infOlIDation contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at 1he Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition crea1ed Witll any materials brought to the Site by CON- TRACTOR, Subconn'actors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D, If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible crea1es a Hazardous Envirornnental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (Ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (Iii) notify OWNER and ENGINEER (and promptly thereafter confirm 00700 - 14 .uch notice in writing). OWNER shall promptly consult with ENGINEER conceming the necessity for OWNER to retain a qnalified expert to evaluate such condition or take conective actioll, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required pel1nits related thereto and delivered to CONTRACTOR written notice: (i) specitying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specitying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or snch special conditioIlB under which Work is agreed to be resumed by CONTRACTOR, either party may make a Glaim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief i1 is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted pOltion of the Work performed by OWNER's own forces or others in accor- dance with Article 7. G. To the fullest extent pmmitted by Laws and RegulatioIlB, OWNER shall indemni:tY and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's COIlBultan18 and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees. and charges of engineers, architects, attOlneys, and other professionals and all court or arbitration or other dispnte resolution cos18) arising out of or relating to a Hazardous Envrroumen1al Condition, provided that such HazardoUB Envirollmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in ilie Contract Documen18 to be inclnded within the scope of ilie Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemni:tY any individnal or entity from and against the consequences of that: individual's or entity's own negli- gence. H. To the fullest extent pemritted by Laws and Regulations, CONTRACTOR shall indemnity and hold hmmless OWNER, ENGINEER, ENGINEER's COllsul- tants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (inclnding but not limited to all fees and charges of engineers, architects, attOlneys, and other professionals and all court or m'bitration or oilier dispute resolution costs) m'ising out of or relating to a Hazardons Envirolll11ental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. N01hing in this paragraph 4.06.F shall obligate CONTRACTOR to indenmity any individual or entity Ii-om and against 1he consequences of that individual's or entity's own negli- gence. 1. The provisions of pm'agraphs 4.02, 4.03, and 4.04 are not intended to apply to a HazardoUB Envirolll11ental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Pelformance, Payment, and Other Bonds A. CONTRACTOR shall furnish performance and paymen1 Bonds, each in an amount at least eqnal to the Con1ract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documen18. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or RegulatioIlB or by the Contract Documen1s. CONTRAC- TOR shall also fumish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certifi- cates of Au1hority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by ilie Financial Management Service, Surety Bond Branch, V,S. Depmtment of the Treasmy. All Bonds signed by an agent must be accompanied by a ceItified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declm'ed bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet 1he 00700 - IS requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insmance required by the Contract Documents to be pmchased and maintained by OWNER or CONTRACTOR shall be obtained fi'om smety or insmance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet snch additional requiremen1s and qnalifications as may be provided in the Supplementary Conditions. 5.03 Certificates afInsurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insmed identified in the Supple- mentary Conditions, certificates of insmance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insmed identified in the Snpplementmy Conditions, celtificates of insurance (and other evidence of insurance requested by CONTRACTOR or auy other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insmauce as is appropriate for the Work being performed and as will provide pr01ection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose ac1s any ofthem may be liable: 1. claims under workers' compensation, disability benefits, and other similm' employee benefit acts; 2. claims for damages because of bodily injUlY, occupational sic1mess or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily :i11jruy, sic;kness Of disease, or death of any person 01her than CONTRACTOR's employees; 4. claims for damages insmed by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (il) by mlY other person for any other reason; 5. claims for damages, other than to the Work itself, because of injmy to or destruction of tangible property wherever located, including loss of use resul1ing therefrom; and 6. claims for damages because of bodily injury or death of any person or property dmnage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insmance so required by lhis paragraph 5.04 to be pmchased and maintained shall: 1. with respect to insurance reqnired by paragraphs 5.04.A.3 through 5.04.A.6 lllclusive, include as additional insmeds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultan1s, and any olher individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insmeds, and include coverage for the respective officers, directors, partners, employees, agents, and other consul1ants and subcontractors of each and any of all such additional insmeds, and the insurance afforded to tllese additional insmeds shall provide primmy coverage for all claims covered thereby; 2. include at Ieast the specific coverages and be written for not less lhan the limits of liability provided in the Supplementary Conditions or required by Laws or Regnlations, whichever is greater; 3. include completed operations insurance; 4. include contractnal liability insmance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that lhe coverage afforded will not be canceled, materi- ally changed or renewal refused until at least thirty days prior written notice has been given to OWNER 00700 - 16 and CONTRACTOR and to each other additional insured identified in the SupplementillY Conditions to whom a certificate of insurance has been issued (and the celtillcates of insurance furnished by the CONTRACTORpmsuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replac- ing defective Work in accordilllce with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims:-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shaIl ftnnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter), 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provid- ed by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may pmchase and maintain at OWNER's expense OWNER's own liability insmilllce as wiIl protect OWNER against claims which may ill'ise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the SupplementillY Conditions, OWNER shaIl purchase and maintain property insurance upon the Work at the Site in tbe amount of the fuIl replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). Ibis insurance shall: 1. include the in1erests of OWNER, CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Consu1tilllts, and any other individuals or entities identified in the Snpplementary. Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insmable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form iliat shall at least include insurance for physical loss or damage to the Work, temporatY buildings, false work, and materials and equipment in transit, and shaIl insure against a1 least the foIlowing perils or causes of loss: fITe, lightning, extended coverage, theft, vandalism and malicious mischief, emihquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water dam- age, and such other perils or causes of loss as may be specifically required by ilie Supplementmy Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in wri1ing by OWNER prior 10 being incorporated in the Work, provided ilia1 such materials and equip- ment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of ilie Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final pay- ment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER wiili 30 days written notice to each oilier additional insured to whom a celiificate of insurance has been issued. B. OWNER shall pmchase and maultain such boiler and machinery insurance or additional property insurance as may be required by ilie Supplemen1ary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementaty Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or oilier evidence thereof) requu'ed to be pnrchased and maintained in accordance with pill'agraph 5.06 will contain a provision or endorsement iliat 1he coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued 00700 - 17 and will contain waiver provisions in accordance with paragrapb 5.07. D.OWNER sball not be responsible for purchasing maintaining any property insurance specified in 1his paragrapb 5.06 to protect the interests of CONTRACTOR, Sllbcontractors, or others in tbe Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss wi1hin such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of thelll wishes property insmance coverage within the limits of sucb amounts, eacb may purchase and maintain it atthe purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be inclnded in tbe property insurance policies provided under paragrapb 5.06, OWNER shall, if possible,include sucb insmance, and the cost thereof will be cbarged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR wbether or not such other insmance has been procured by OWNER. 5.07 Waiver 0/ Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities iden1ified in the Supplementary Conditions to be listed as insmeds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insmers will have no rights of recovery against any of the insmeds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each . other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes ofloss covered by such policies and any other property insmance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as tlUstee or otherwise payable under any policy so issued. B. OWNER waives all righ1s against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1, loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, ar'ising out of, or resulting from fire or other peril whether or not insured by OWNER; arrd 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insmance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion pursuant to paragraph 14.04, or after fiual paymeut pursuaut to par'agraph 14.07. C. Any insmance policy maintained by OWNER covering any loss, damage or consequential loss refelTed to in paragraph 5.07.B shall cou1ain provisions to the effect that in the event of paymeut of any such loss, damage, or consequeutial loss, the insmers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Cousultants and the officers, directors, partners, employees, agents, and other consultants aud subcoutractors of each aud any ofthem. . 5.08 Receipt and Application o/Insurance Proceeds A. Any insmed loss under the policies of insmance required by paragraph 5.06 will be adjusted wi1h OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requiremeuts 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 agreemeut as the parties in interest may reach, If uo other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B, OWNER as fiduciary shall have power to adjust and settle any loss with the insmers mlless one of the parties 00700 - 18 in interest shall object in writing within 15 days after the OCCUlTence of loss to OWNER's exercise of this power. If snch objection be made, OWNER as fidnciary shall make settlement... with the . insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among ilie parties in interest is reached, OWNER as fidnciary shall adjust and settle ilie loss with the insmers and, if required in wri1ing by any party in interest, OWNER as fiduciary shall give bond for ilie proper perfOlmance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to ilie coverage afforded by or oilier provisions of ilieBonds .01' insmance required to be pmchased and maintained by ilie other party in accordance wiili Article 5 on the basis of non-conformance wiili ilie Contract Documents,ilie objecting party shall so notifY the oilier party in writing within 10 days after receipt of 1he certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional infonnation in respect of insmance provided as the other may reasonably request. If eiilier party does not pmchase or maintain all of the Bonds and insmance required of such party by the Con- tract Documents, such party shall notifY the oilier party in witing of such failme to pmchase prior to the start of the Work, or of such failme to maintain prior to any change in "the required coverage. Wiiliout prejudice to any oilier right or remedy, ilie other party may elect to obtain eqnivalent Bonds or insmance to protect snch other party's interests at .the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occnpy or nse a portion or portions of ilie Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no. . such use or occupancy shall commence before the insurers providing the property insmance. pursuant to paragraph 5.06 have aclmowledged notice iliereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or pennitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competen11y and efficieutly, devoting such attention thereto and applying such skills and expertise as may be necessary to perfOlID the Wark in accordance with ilie Contract Documents. CONTRACTOR shall be solely responsible for the means) methods, techniques, sequences, and procedmes of constmction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by ilie Contract Documents. CONTRACTOR shall be responsible to see iliat the completed Work complies accurately with the Contract Documents. B. At all tin,es during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent iliereto who shall not be replaced withou1 written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at ilie Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superin- tendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, layout, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all times maintain good discipline and order at the Site. . B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be perfonned during regular working hours, and CON- TRACTOR will not pennit overtime work or ilie perfOlmance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consen1 (which will not be nnreasonably withheld) given after prior ","itten notice to ENGINEER. 6.03 Services, Materials, and Equipment A, Unless othelwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, 00700 - 19 transportatio~construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the perfonnance, testing, stmt-up, and completion of the Work B. . All materials arid equipment incorporated into the Work shall be as specified or, if not specified, shall be of good qnality and new, except as otherwise provided in the Contract. Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall fumish satisfactmy evidence (including reports of required tests) as to the source, kind, and quality of materials and eqnipment. AIt materials and equipment shall be stored, applied, installed, connected, erected, ...protected, used, cleaned, and conditioned in accordance with instructions of the applicahle Supplier, except as otherwise may he provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shalt adhere to the progress schedule established in accordance with pm'agraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shalt submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the prog- ress schedule that will not result in changing 1he Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Con1ract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with A1ticle 12. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified 0)' described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or descrip1ion is in1ended to establish the type, function, appearance, aud qnality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipmeut or material or eqnipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or-Equal" Items: If in ENGINEER's sole discretion an item of material or equipment pro- posed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be con- sidered by ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute irems. For the purposes of this paragraph 6.05.A.!, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER detelillines that: (i) it is at least equal in quality, durability, appearance, strength, and design chm'acteristics; (Ii) it will reliahly perform at least equalty well the function imposed hy the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR celtifies that: (i) there is no increase in cost to the OWNER; and (iI) it will confmill substantially, even with deviations, to the detailed requiremen1s of the irem named in the Contract Documents. 2. Substitute 11ems a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or-equal" item under paragraph 6.05.A.I, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER to detennine that 1he item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or eqnipment will not be accepted by ENGINEER ii'om anyone other than CON- TRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under 1he circumstances. 00700 - 20 d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall ceitify that the proposed substitute item will peiform adequately the fuuctions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in cOlmection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evalnating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of constlUction is shown or indicated in and expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, meth- od,technique, sequence, or procedme of constmction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in J;NGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documen1s. The procedure for review by ENGINEER will be similar to that provided in subpara- graph 6.0S.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.0S.A and 6.0S,B. ENGINEER will be the sole judge of accept- ability. No "or-equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to fumish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.0S.A.2 and 6.0S.B and in malong changes in the Contract Documents (or in the provisions of any other direct conh'act with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for 1he charges of ENGINEER and ENGINEER's Consultan1s for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed subs1itute or "or-equal" at CONTRACTOR's expense. 6.06 Concerning Subcona<actors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcon1ractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditious require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advauce for acceptance by OWNER by a specified date prior to the Effec1ive Date of the Agreement, and if CONTRACTOR has submitted a list thereof in aceordauce with the Supplemen1my Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subconh'actor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall 00700 - 21 submit an acceptable replacemeut for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the. difference in the cost occasioned by such replacemen1, and an appropriate Change Order will be issued 01' Written Amendment signed. No acceptance by OWNER of any such Subcontractor, $upplier, 01' other individual or entity, whether initially 01' as a replacement, shall constitute a waiver of any right of OWNER 01' ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissious. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcon1ractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regnlations. D. CONTRACTOR shall be solely responsible for Scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities pelfonning or finnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcon1ractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings sball not control CONTRACTOR in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is witb a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor 01' Supplier will contain provisions whereby the Subcontractor 01' Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting fi'om any of tbe perils 01' causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor 01' Supplier, CONTRAC- TOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incOlporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the pelfOlmance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent pennitted by Laws and Regulations, CONTRACTOR shall inden:mi:fY and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration 01' other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the perfOlmance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in 1he Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction pelmlts and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on 1he Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 00700 - 22 6.09 Lmvs and Regulations A. CONTRACTOR shall give all notices and comply with. all .. Laws and Regulations applicable to the peIiormance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR peIionns any Work Imowing or having reason to Imow 1hat it is contrary to Laws or ReguIa1ions, CONTRACTOR shall bear all clainls, costs, losses, and damages (including but not limited to all fees and . charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or rela1irig to such Work; however, it shall not be CONTRACTOR's primary responsibility to make celtain 1hat the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not Imown at 1he time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of pelformance of the Work may be 1he subject oLan adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount 01' extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the peIiormance of the Work. . 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and tlle operations of workers to the Site and other areas pennitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials 01' equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area~ or to the owner or occupant thereof, or of any adjacent land 01' areas resulting from the perfOlmance ofthe Work. 2. Should any claim be made by any such owner or occupant because of the perfOlmance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra1ion or other dispute resolution proceeding 01' at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnifY and hold hamuess OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents) and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cos1s) arising out of 01' relating to any claim or action, legal or equi1able, brought by any such owner 01' occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the e>cient caused by 01' based upon CONTRACTOR's performance ofthe Work. B. Removal of Debris During Peiformonce of the Work: During the progress of the Work CONTRACTOR shall keep the Site and o1her areas free from accumula1ions of waste materials, rubbish, and other debris. Removal and disposal of such waste ma1erials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substan1ial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part ofthe Work or adjacent property to stresses or pressures that will endauger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendmen1s, Change Orders, Work Change Directives, Field Orders, and written interpretations 00700 - 23 and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a connterpalt of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, alld Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. (.;ONTRACTOR shall take all necessary precau1ions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- fion, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regnlations relating to the safety of persons or property, or to the protection of persons 'or property fi'om damage, injmy, or loss; and shall erect and maintain all necessary safegnal'ds for such safety aud protectiou. CONTRACTOR shallnoiliY owners of adjacent property and of Underground Facilities and other utility owners when prosecutiou of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injmy, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in pmt, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by . any of them). CONTRACTOR's duties and responsibilities for safety and for protection of tile Work shall continue nntil such time as all the Work is completed aud ENGINEER has issued a notice to OWNER aud CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6,14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard cOll1ll1unication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threa1ened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documen1s is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be iden1ified as ENGINEER may require and in the nmnber of copies specified in the General Reqnirements. The data shown on the Shop Drawings will be complete with respect to qnantities, dimensions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited pW']Joses required by paragraph 6.17 .E. 00700 - 24 B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with 1he acceptable schednle of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to lllaterial, Snpplier, peltinent data such as catalog numbers, and the use for which intended and otherwise as ENGI- NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.l7.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documen1s or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work perfOlmed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, s10rage, assem- bly, aud installation pertaining to the perfor- mance of the Work; c. all information relative to means, meth- ods, techniques, sequences, and procedures of constmction 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 1he Contract Documen1s. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the 1ime of each submittal, CON- TRACTOR shall give ENGINEER specific written 00700 - 25 notice of such variations, if any, that the Shop Draw- ing or Sample submitted may have from the require- ments of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made au each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to detemllne if the items covered by the submittals will, after installatiou or incorporation in the Work, con- form to the infOlmation given in the Contract Docu- ments and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documen1s. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a pm1icular means, method, technique, sequence, or procedure of constmction is specifically and expressly called for by the Contract Documen1s) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CON- TRACTOR from responsibility for any variation from the requirements of 1he Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each snbmittal as required by paragraph .6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the reqnire- men1s of paragraph 6.l7.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make cOlTections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submi1 as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the conections called for hy ENGINEER on previ- ous suhmittals. 6.18 Continuing the Work A. CONTRACTOR shall carryon the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall he delayed or postponed pending resolution of any disputes or disagreements, except as pennitted hy paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Docu- mentsand will not he defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance or operation hy persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. nonnal wear and tear under normal nsage. B. CONTRACTOR's ohligation to perfOlm and complete the Work in accordance with the Contract Documents shall he absolute. None of the following will constitute an acceptance of Wark that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. ohservations by ENGINEER; 2. recommendation hy ENGINEER or pay- ment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto hy OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptauce by OWNER or any failure to do so; 6. auy review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnrry and hold hanuless OWNER, ENGINEER, ENGINEER's Consul- tants, and 1he officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of 1hem from and against all claims, costs, losses, and damages (including but uot limited to all fees and charges of engineers, architects, attorneys, and other professionals and all comt or arhitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is ath'ihutable to hodily injury, sickness, disease, or death, Of to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part hy any negli- gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or en1ity indemnified herelillder or whether liahility is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation mlder paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or 00700 - 26 for CONTRACTOR or any such Subcontractor, Supplier, or . other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultan1s or to the officers, directors, partners, employees, agents, and other consultants and snbcontractors of each and any of them arising out of: I. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, sUlveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of 1I1e injury or damage. ARTICLE 7 _ OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at 1I1e Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, 1I1en: I. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Con1ract Price or Contract Times that should be allowed as a result of such 01l1er work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work 1hat may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work CON- TRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter 1I1eir work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and otller con1ractors to 1he extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts hetween OWNER and such utility owners and other contractors. C. If the proper execution or results of any pmt of CONTRACTOR's Work depends upon work pelfOlmed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other . work that render it unavailable or nnsuitable for 1he proper execution and results of CONTRACTOR's Work CONTRACTOR's failure to so repOlt will constitute an acceptance of such other work as fit and proper for in1egration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at 1I1e Site, the following will be set forth in Supplementary Conditions: I. . the individual or en1ity who will have authority and responsibility for coordination of the activities among the vm'ious contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be i1emized; and 3. the extent of such authority and respomi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shail have sole authOlity and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER sball issue all communications to CONTRACTOR through ENGINEER. 00700 - 27 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objec1ion, whose statns under the Contract Documen1s shall be that of the fonner ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER wIder the Con1ract Documen1s. 8.04 Pay Promptly When Due A. OWNER shall malee payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explora- tiO!)S and tests of subsurface conditious and drawings of physical conditious in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documeuts. 8.06 Insurance A. OWNER's responsibilities, if any, iu respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's respousibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall uot supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means) methods, techniques) sequences, or procedures of constmction, or the safety precautions and programs incident thereto, or for any failme of CON- TRACTOR to comply with Laws and Regulations applica- ble to 1he performance of the Work. OWNER will not be responsible for CONTRACTOR's failme to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undis- closed Hazardous Environmental Condi1ion is set fmih in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to !inrush CONTRACTOR reasonable evidence that financial anangements have been made to satisf'y OWNER's obligations under the Contract Documents, OWNER's responsibility in respect tlIereof will be as set forth in the Supplementmy Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative dming the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of constmction as ENGINEER deems necessary in order to observe as an experienced and qualified desigu professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained dming such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will n01 be required to malee exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's effmis will be directed towm'd providing for OWNER a greater degree of confidence that the completed Work will couform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER 00700 - 28 informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits aud observations are subject to all the limitations on ENGINEER's authority and responsibility. set fOlth in paragraph 9.10, aud pmticularly, but without limitation, dnring or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failnre of CONTRACTOR to comply with Laws aud Regula1ions applicable to the perfolmauce of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the W Olk. The responsibilities aud authority and limitations thereon of auy such Resident Project Representative and assistants will be as provided in pm'agraph 9.10 aud in the Supplementary Conditions. If OWNER 'designates auother representative or agent to represent OWNER at the Site who is n01 ENGINEER's Consultaut, agent or employee, the responsibilities aud authority aud limi1ations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and lntelpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta1ions of the require- lllents of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with 1he intent of aud reasonably inferable from the Contract Docu- ments. Such written clm'ifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of auy adjustment in the Contract Plice or Contract Times, or botb, that should be allowed as a result of a written clarification or interpre- tation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible' with the design concept of the completed Project as a functioning wbole as indicated by the Contract Documents. These may be accomplished by a Field Order aud will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRAC- TOR are rulable to agree 011 entitlement to or on the amOlll1t or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective 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 that confonns to 1he Contract Documents or that will prejudice the integrity of the design concept of 1he completed Project as a functioning whole as indica1ed by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see pm'agraph 6.17. B. In connection with ENGINEER's authority as 10 Change Orders, see Articles 10, II, and 12. C. In connection with ENGINEER's au1hOlity as to Applications for Payment, see A1ticle 14. 9.08 Determinationsfor Unit Price Work A. ENGINEER will determine the actual quauti1ies aud classifications of Unit Price Work perfOlmed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommenda1ion of au Application for Payment or otherwise). ENGINEER's written decision 1hereon will be final aud binding (except as modified by ENGINEER to reflect changed factual conditions or more accnrate data) upon OWNER and CONTRACTOR, subject to 1he provisions of paragraph 10.05. 9.09 Decisions on Requirements a/Contract Documents and Acceptability of Work A. ENGINEER will be the initial intelpreter of the requiremen1s of 1he Contract Documents and judge of the acceptability ofthe Work thereunder. Claims, dispu1es and other matters relating to the acceptability of 1he Work, the quan1ities and classifications of Unit Price Work, 1he 00700 - 29 inte1pretation of the requiremen1s of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be refwed initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show pattiality to OWNER or CONTRACTOR and will not be liable in cOlUl~ction with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as ei1her may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispnte, or other matter. 9.10 Limitations on ENGINEER 's Authority and Responsibilities A. Neither ENGINEER's anthority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in . good faith .. either to exercise or not exercise such anthority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individnal or entity, or to any surety for or employee or agent of any of tllem. B.ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of constlUction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the perfor- mance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform 1he Work in accor- dance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of 1he fmal Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules} guarantees, Bonds, celiificates of inspection, tests and approvals, and other documentation required to be delivered by pat'agraph 14.07.A will only be to determine generally 1hat their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E, The limitations upon au1hority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at atlY time or fi'om time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which at'e: (i) ordered by OWNER pursuant to paragraph 10.01.A, (Ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's 00700 - 30 correction of defective Work under paragraph 13 .09, or (iii) agreed 10 by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, inclnding any undisputed swn or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- graph 10.05; provided that, in lieuof executing any snch Change Order, an appeal may be taken fi'om any such decision in accordance with the provisions of the Contract Docwnents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Docwnents (including, but not limi1ed to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter witb supporting data shall be delivered to the ENGINEER and the other p<lr!y to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit .additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.0l.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party sball submit any response to ENGINEER and the claimant within 30 days after receipt of 1he claimant's last submittal (unless ENGINEER allows addi1ional time). B. ENGINEER's Decision: ENGINEER will render a fmmal decision in writing within 30 days after receipt of the last submittal of the clainlant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other malter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal fi'om ENGINEER's decision is 1aken within the time limits and in accordance with the dispute resolution procedures set fmth in Article 16; or 2. if no snch dispnte resolution procedures have been set fmth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRAC- TOR to the other and to ENGINEER within 30 days after the date of snch decision, and a fmmal proceeding is instituted by the appealing party in a forum of competent jurisdiction wi1hin 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, Of other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last snbmittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE II - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The telm Cost of the Work means the swn 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 when a Claim for an adjustment in Contract Price is determined on the basis of Cost ofthe Work, the costs to be reimbursed 00700 - 31 to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work. or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locallly of 1he Project, shall include only the following items, and shall n01 include any of the costs itemized in paragraph 11.0 LB. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfOlmance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed fiIll time at the Site. Payroll costs for employees not employed full time on the Work shall 1:>e apportioned on the basis of their tinle spent on the Work Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social securily contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of pelforming Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment fiu'- nished 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 case the cash discounts shall accme to OWNER. All trade discounts, rebates and refiulds and returns from sale of surplus materials and equipment shall accme to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, who will then determine, with the.advice ofENGI- NEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as 00700 - 32 CONTRACTOR's Cost of the Work and fee as provided in this paragraph II. 0 1. 4. Costs of special consul1ants (includiug but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessmy transportation, travel, and subsistence expenses of CONTRACTOR's employees incuned in discharge of duties connected with the Work. b. Cost, including transportation and main- tenance, of all materials, supplies, equipment, machinery, appliances, office, and temponuy facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the peIfonnance of the Work, and cost, less market value, of such items used but not consmned which remain the property of CONTRACTOR. c. Rentals of all consl1uction equipment and machinmy, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of l1'ansportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the telms of said rental agreements. The rental of any such equipment, ma- chinelY, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consrnner, lise, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e . Deposits lost for causes other than negli- gence of CONTRACTOR, any Subconl1'actor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royally paymen1s and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to tile Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), prnvided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Snbcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses snch as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. 1. When the Cost of the Work is used to detemrine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost_plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Wade shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and con- tracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.l or specifically covered by paragraph 11.01.AA, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capi1al employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Snbcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment ",'ongly supplied, and making good any damage to properly. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is perfOlmed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is detemrined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as setforth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be detemrined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable 10 ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances inclnde the cost to CON- TRACTOR (less any applicable trade discounts) of materials and equipment required by 1he allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no 00700 - 33 demand for additional payment on acconnt of any of the foregoing will be valid. B.Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amonn1s due CONTRACTOR on acconnt of Work covered by allowances, and the Contract Price shall be cOlTespondingly adjusted. 1.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price' will be deemed to include for all Unit Price work an amonnt equal to the sum of tbe unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree- ment.1he estimated quantities of items of Unit Price Work are not . guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan1ities and classifications of Unit Price Work pelformed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amonnt considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work pe1formed by CONTRACTOR differs mate- rially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no cOlTesponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incuned addi- tional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are nnable to agree as to the amonnt of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change a/Contract Price A. The Contract Price may ouly be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Conll'act in accordance with the provisions of paragraph 10,05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documen1s, by application of such unit prices to the quantities ofthe items involved (subject to the provisions of para- graph 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.0I.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreemen1 to a lump sum is not reached nnder paragraph 12.0I.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph l2.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for ovelhead and profit shall be detel1nined as follows: 1. a mntually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions ofthe Cost of the Work: a. for costs incUll'ed nnder paragraphs 11.01.A.l and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b: for costs inculTed nnder paragraph 11.0I.A.3, the CONTRACTOR's fee shall be five percent; 00700 - 34 c. where one or more tiers of subcontracts are on the basis of Cost of the Work pins a fee and no fixed fee is agreed upon, the intent of paragraph 12.0I.C.2.a is that the Subcontractor who actually performs the Wade, at whatever tier, will be paid a fee of IS percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.l and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the nextlower tier Subconh.actor; d, no fee shall be payable on the basis of costs itemized under paragraphs 11.01.AA, 11.0I.A.5, and 11.01.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when hath additions and credits are in- volved in anyone change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.0I.C.2.a through 12.0I.C.2.e, inclu- sive. 12.02 Change of Conn' act Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Conh'act Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Conh'act in accordance with the provisions of paragraph 10.05. B. Any adjustment. of the Conh'act Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Conn'oi A. Where CONTRACTOR is prevented from completing any part of the Work within the Conh'act Times (or Milestones) due to delay beyond the conh'ol of CONTRACTOR, the Conh'act Times (or Milestoues) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond 1he conh'ol of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other conh'actors perfOlming other work as contemplated by Atiicle 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Conn'ol A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attribntable to and within the conh'ol of a Subconh'actor or Supplier shall be deemed to be delays within the conh'Ol of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Conn'ol A. Where CONTRACTOR is prevented fi'om completing any part of the Work within the Couh'act Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times ( or Milestones) in an amount equal to the time lost due 10 such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the conh'ol of CON1RACTOR;or 2. delays beyoud the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnonnal weather conditions, acts of God, or acts or neglect by utili1y owners or other contractors peIformmg other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. 00700 - 35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, con-ected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests, B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph l3.04.B; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any pnblic body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for alTanging and obtaining such inspections, tests, or approvals, pay aU costs in. connection therewith, and furnish ENGINEER 1he required certificates of inspection or approval. D. CONTRACTOR shall be responsible for alTanging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incOlporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Wark. Such inspections, tests, or approvals shall be perfOlmed by organizations acceptable to OWNER and ENGINEER, E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRAC- TOR without written concun-ence of ENGINEER, it must, ifreqnested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered con1rmy to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, 01' testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but n01 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 uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in pm'agraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or 00700 - 36 Milestones), or b01h, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and recoustroction. If the parties are unable to agree as to the amount or extent thereof, . CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way tbat the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop lb.e Work shall not give rise to any duly on the palt of OWNER to exercise 1his right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entily, or any surely for, or employee or agent of allY of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall COlTect all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all 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 10 such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions; (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is uot defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such iustmctions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising Qut of or relating to such conection or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a pmticular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to TIm fi'om an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been con'ected or removed and replaced under this paragraph 13.07, the cOlTection.period hereunder with respect to such Work will be extended for an additional period of one yeal' after such cOlTec1ion or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any 01her obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and detemlination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR' pursuant to tlris sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Chauge Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Coutract Price, reflecting the dimilrished value of Work so accepted. Ifthe parties are unable to agree as to the amOlmt thereof, OWNER may make a Claim therefor as provided in 00700 - 37 paragraph 10.05. If the acceptance occurs after such reCOlllll1eudation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct De/ective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to conect defective Work or to remove and replace rejected Work as reqnired by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, comct and remedy any such deficiency. B. In exercising the rights and remedies under tIus paragraph, OWNER shall proceed expeditiously. In connection with such conective and remedial action, OWNER may exclude CONTRACTOR from all or pmt of the Site, take possession of all or pmt of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employ- ees,OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incUlTed or sustamed by OWNER in exercising the rights and remedies under this pm'agraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorpo- rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in 1he Contract Price. Ifthe parties are unable to agree as to the amount of the adjustment, OWNER may malee a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by conection, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of 1he Contract Times (or Milestones) because of any delay in tIle performance of the Work attribntable to 1he exercise by OWNER of OWNER's rights and remedies under this pm'agraph 13.09, ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule a/Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incOlporated into a form of Applica- tion for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications/or Payments 1. At least 20 days before the date estab- lished for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by tIle Contract Docu- ments. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and snitably stored at the Site or at another location agreed to in writing, the Applica- tion for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment fi'ee and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other mTangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro-gress payments will be as stipulated in the Agreement. 00700 - 38 B. &view of Appiications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommenda1ion of payment and present the Application to OWNER or return the Application to CONTRACTOR indlca1ing in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessmy corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site ofthe executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (sub- ject to an evaluation of the Work as a function- ing whole prior to or upon Substantial Comple- tion, to the results of any subsequent tests called for in the Contract Documents, to a final deter- mination of quantities and classifications for Quit Price Work under paragraph 9.08, and to any other qualifications s1ated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in tbe Contract Documen1s; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment 10 CONTRACTOR. 00700 - 39 4. Neither ENGINEER's review of CONTRACTOR's Work for the ptrrposes ofrecom- mending payments nor ENGINEER's recommenda- tion of any payment, including final paymen1, will impose responsibility on ENGINEER to supervise, dh'ect, or control the Worle or for the means, meth- ods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to malee any examination to ascertain how or for what ptrrposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any ofthe Work, materials, or equipment has passed 10 OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any palt of any payment if, in ENGINEER's opinion, it would be iucorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because; a. the Work is defective, or completed W Olk has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Chauge Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 .09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recom- mended will (subject to the provisions of paragraph 14.02.D) become due, and when dne will be paid by OWNER to CONTRACTOR. D. R.eduction in Payment 1. the full because: OWNER may refuse to make payment of amount recommended by ENGINEER a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing ofthe Work; b. Liens have been filed in connection with the Work, except where CON1RACTOR has delivered a specific Bond satisfactOlY to OWN- ER to secure the satisfaction and discharge of such Liens; c. there are other items en1itling OWNER 10 a set ,:,off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02A 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CON- TRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as detennined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notifY OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notifY CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the cCltificate or attached list. If, after considering such objections, ENGINEER concludes that1he Work is not subs1antially complete, ENGINEER will within 14 days after submission of the tentative celiificate to OWNER notifY CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive celtificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative celtificate as ENGINEER believes justified after considera1ion of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Wark, maintenance, heat, utilities, insurance, and wananties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive celtificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until fmal payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after 1he date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or conect items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed pmt of the Work which has specifically been identified in the Contract Docmnents, or which OWNER, ENGINEER, and CONTRACTOR agree 00700 - 40 constitutes a separately functioning and usable part of 1he Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's perfOlmance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject 10 the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to pennit OWNER to use any such patt of the Work which OWNER believes to be ready for its intended use and substantially complete. lf CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGlNEER that such Pfiltof the Work is substantially complete and request ENGlNEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGlNEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGlNEER to issue a cettificate of Substantial Completion for that part of the W orlc. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGlNEER shall make an inspection of that part of the Work to determine its status of completion. lf ENGlNEER does not consider that part of the Work to be substantially complete, ENGlNEER will notifY OWNER and CONTRACTOR in writing giving the reasons there- for. lfENGlNEER considers that part of the Work to be substantially complete, the provisions of para- graph 14.04 will apply with respect to certification of Substantial Completion of that 'part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part ofthe Work may occur prior to compliance with the requirements of paragraph 5.1 0 regarding property Insurance. 14.06 FinalInspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed pottion thereof is complete, ENGlNEER will promptly make a final inspection with OWNER and CONTRACTOR and will notifY CON- TRACTOR in writing of all paIticulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessalY to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application/or Payment 1. After CONTRACTOR has, in the opinion of ENGlNEER, satisfactorily completed all conections identified during 1he final inspec1ion and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, celtificates or other evidence of insurance celtificates of inspection, marked-up record docu- ments (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for fmal payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited 10 1he evidence of insurance required by subparagraph 5.04.B.7; (Ii) consent of the surety, if any, to fmal payment; . and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may frnnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts inclnde all labor, services, material, and equipment for which a Lien conld be filed; and (Ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied, If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral. satisfactOlY to OWNER to indemnifY OWNER against any Lien. B. Review a/Application and Acceptance 1. If, on the basis ofENGlNEER's observa- tion of the Work during consl1uction and frnal inspection, and ENGINEER's review of 1he final Application for Payment and accompanying docu- mentation as required by the Contract Documents, ENGlNEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGlNEER will, within ten days after receipt ofthe 00700 - 41 final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CON- TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will retum the Application for Payment to CONTRACTOR, indicating in writing 1he reasons for refusing to recommend fmal payment, in which case CONTRACTOR shaU make the necessmy corrections and resubmit the Application for Pa)'illellt. Payment Becomes Due 1. Thirty days after the presentation to OWNER of. the Application for Payment and accompanying docrunentation, the amount xecommended by ENGINEER will become due and, when due, will be paid by OWNER to CON- TRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without tenninating the Agreement, mal<e payment of the balance due for that portion of the Work fully completed and accepted. If the reJnaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.0 I, the written consent of the surety to the payment of the balance due for that pOltion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment sball be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising ftom unsettled Liens, from defective Work appear- ing after final inspection pursuant to paragraph 14.06, fi'om failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Docu- ments; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER 01her than those previously made in writing which are still unsettled. ARTICLE IS - SUSPENSION OF WORK AND TERMINATION 15.D1 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any pOltion thereoffor a period ofn01 more than 90 consecntive days by notice in writing to CON- TRACTOR and ENGINEER which will fix 1he date on which Work will be resnmed. CONTRACTOR shall resunle the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in 1he Contract Price or an extension of the Contract Times, or both, directly attribntable to any snch suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminatefor Cause A. The occurrence of anyone or more of the following events willjuS1ifY termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materi- als or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pmsuaut to paragraph 6.04); 2. CONTRACTOR's disregm'd of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more ofthe events identified in paragraph 15.02.A occm, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR fi'om the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, constmction equip- 00700 - 42 ment, and machinery at the Site, and use lhe same to the full extent lhey could he used by CONTRACTOR (without liahility to CONTRACTOR for trespass or conversion), incOlporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR bnt which are stored elsewhere, and finish lhe Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any finther payment untillhe Work is finished. If the unpaid balance of the Contract . Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or olher dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shaIlpay tlle difference to OWNER. Such claims, costs, losses, and damages iucurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the tennination will not affect any rights or remedies of OWNER against CONTRACTOR lhen existing or which may thereafter accme. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, wilhout cause and wilhont prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance wilh the Contract Docu- men1s prior to lhe effective date of termination, including fair and reasouable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of tennination in performing services and furnishing labor, materials, or equipment as re- quired hy lhe Contract Documents in connection wilh uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to tennination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting fi'om snch tennination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, npon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate 1he Contract and recover from OWNER payment on the same tenus as provided in paragraph 15,03. In lieu oftennina1ing lhe Contract and without prejudice to any olher right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finaIly determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of 1his paragraph 15.04 are not intended to preclude CONTRACTOR from maldng a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or othelwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the SupplementalY Conditions. Ifno method and procedure has been set fOlth, aud subject to tlle provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as 00700 - 43 either may otherwise have lUlder the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provIsIon of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member ofthe firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Conlract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The dnties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all ofthem which are otherwise imposed or available by Laws or Regulations, by special ",arranty or guarantee, or by other provisions of the Contract Documeuts, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each paIticular duty, obligation, right, and remedy to which they apply. .17.04 Survival of Obligations A. All representations, indemnifications, wananties, and guarantees made in; required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Wor]c or tennination or completion ofllIe Agreement. 17.05 Cona'olling Law A. This Contract is to he govel11ed hy the law of the state in which the Project is located. 00700 - 44 SUPPLEMENTARY CONDITIONS The!;eSupplementary Conditions amend or supplement the Standard General Conditions of the Constn.lction Contract (No. 1910-8, 1996 Edition) and other provisions ofthe Contract Dqcuments a!; indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The term!; used in these Supplementary Conditions will have the meanings indicated in the (3eneraIConditions. Additional terms used in these Supplementary Conditions have the meaning!; indicated below, which are applicable to both the singular and plural thereof. SC-1.01.A.20 ENGINEER's Consultant(s) include: Urban Surveying, Inc. 2004 N. Commerce Victoria, Tx 77901-5510 (361) 578-9836 SC-1.01.A.40 Add the following sentence at the end of paragraph 1.01.A.40: The site of the work is within Seadrift, Calhoun County, Texas and is more clearly defined on the accompanying Drawings. SC-4.02.A.1 Geotechnical data, if any, is available from the Engineer upon request. SC-4.06.A There are no known hazardous environmental conditions at the Site. SC-5.04.B.1 Add the following new paragraph immediately after paragraph 5.04.B.1: The following entities shall be listed as additional insureds and certificate holders to all policies rt3quirt3d by paragraphs 5.04.A.3 through 5.04.A.6, inclusive: Urban Engineering 2004 N. Commerce Victoria, Texas 77901 Calhoun County 211 S. Ann St. Port Lavaca, Texas 77979 SC-5.04.B.2 Add the following new paragraphs immediately after paragraph 5.04.B.2: Public. Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages arising out of bodily or personal injury, sickness or disease, or death of one person and subject to the same limit for each person and in an amount not less than Two Million Dollars ($2,000,000.00) in anyone occurrence. Property Damage Insurance in an arnount not less than One Million Dollars ($1,000,000,00) for all damages arising out of injury to or destruction of property of others in anyone occurrence with an aggregate limit in the sarne amount. The Property Damage portion of this coverage shall include, where applicable, explosion, collapse and underground exposure coverage. E18087.01- Supplementary Conditions 03113 00800 - 1 AutolTlObile Liability and Property Damage Insurance in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for injury or death of one person and not less than Five Hundred Thousand Dollars ($500,000.00) in anyone occurrence; and Property Damage Limits of not less than Three Hundred Thousand Dollars ($300,000.00) in anyone occurrence. SC,5.06 Delete 5.06 in its entirety. SC-5.07 Delete 5.07 in its entirety. Delete 5.08 in its entirety. SC-5.10 Delete 5.10 in its entirety. SC-6.02.B Add the following new paragraph immediately after paragraph 6.02.8: shall not be performed without written permission of the OWNER on the following holidays: New Year's Day Good Friday Mernorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day SC-6.06.B Add the following new paragraph immediately after paragraph 6.06.B: All major subcontractors must have been listed and subrnitted with the Bid. Bidder may change subcontractors after Bid submittal only as approved by the Engineer. Major subcontractors are those who will do work having a total value of more than five percent (5%) of the Contract amount. The maximum total value of work performed by all subcontractors on the Project shall not exceed fifty Percent (50%) of the Contract amount. SC-6.10.A Delete paragraph 6.1 O.A in its entirety and insert the following in its place: OVVNER is exempt from state and local sales tax pursuant to the provisions of Article 20.04(F) of the Texas Lirnited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rent or lease of all materials, supplies and equiprnent used or consumed in the performance of this contract may be exempted by issuing to suppliers an exemption certificate in lieu of the tax. The exemption certificatecornplies with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of the tax shall be subject to the provisions of the State comptroller of Public Accounts Ruling No. 95-0.09 as amended to be effective October 2, 1968. CONTRACTOR shall pay any and all other taxes for the Work provided by CONTRACTOR which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. E18087,01.~SupplemenlaryGondilions 03/13 00800 - 2 SC-7.01 Related Work at Site OWNER reserves the right to perform additional work on the Project Site concurrent with this contract. SC-9.03.A Add the following new paragraphs immediately after paragraph 9.03.A: The.duties and responsibilities of OWNER's Onsite Representative are limited and described as follows: QWN{::R's Onsite Representative shall only observe, monitor and inspect CONTRACTOR's work in progressforthe sole benefit of OWNER to determine if the work is proceeding in accordance with the job specifications set forth by the Project Engineer in the Contract Documents for this specific project. At the request of ENGINEER or CONTRACTOR and at OWNER's sole discretion, OWNER l11ayprovide a copy of the results of said observations, monitoring and inspections to ENGINEER or CONTRACTOR. OWNER's .ensite Representative shall not: Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or equal" items). Undertake any of the responsibilities or obligations of the Project ENGINEER or of a CONTRACTOR, Subcontractor, Supplier or a CONTRACTOR's or a Subcontractor Superintendent. 3. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures ofthe work unless such advice or directions are specifically required on the part of OWNER by the Contract Documents. 4. Advise on, issue directions regarding or assume control over safety precautions and prograrns in connection with the activities or operations of a CONTRACTOR, Subcontractor or Supplier. 5. During OWNER's Onsite Representative's inspection, observation or monitoring of CONTRACTOR's work in progress, OWNER's Onsite Representative shall not supervise, direct or have control over the CONTRACTOR's work nor shall OWNER's Onsite Representative have authority over or responsibility for the means, methods, techniques, sequences, procedures selected by CONTRACTOR or Subcontractor for safety precautions and programs incident to CONTRACTOR or Subcontractor's work in progress, for any failure of a CONTRACTOR or Subcontractor to comply with laws and regulations applicable to a CONTRACTOR or Subcontractor performing and furnishing the work, or responsibility for a CONTRACTOR or Subcontractor's failure to furnish and perform the work in accordance with the job specifications set forth by the Project ENGINEER in the Contract Documents. SC-11.03.C Delete paragraph 11.03.C in its entirety and insert the following in its place: C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the total cost of a particular item of Unit Price Work amounts to five percent (5%) or E18087.01. ~ Supplementary Conditions 03113 00800 - 3 rnore of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than twenty-five percent (25%) frorn the estirnated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work perforrned. Add the following sentence at the end of paragraph 14.02.C.1: paymen! by OWNER to CONTRACTOR may be extended past the ten days due to the amount of . involved in getting Commissioners' Court approval before payrnent is issued. SC-18 Add ARTICLE 18 - MINIMUM WAGE RATES 18.01 Minirnurn Wage Rates A. The CONTRACTOR shall pay at least the wage rates for the various classes of labor ernployed directly on this project in accordance with the appropriate current U.S. Department of Labor General Wage Decision Numbers, which are attached to these Contract Documents and included herein, Intentional failure of CONTRACTOR to pay these wage rates for workers directly employed on this project may subject the CONTRACTOR to a penalty as specified by Texas Government Code i'l2258.023. E18087.01 "Supplementary Conditions 03/13 00800 - 4 Page lof3 SC-18.01.A (Continued) Decision Number: TX130040 01/04/2013 TX40 General Decision Number: TX20120040 Texas Type: Highway Aransas! Calhoun, Goliad, Nueces and San Patricia in Texas .' CONSTRUCTION PROJECTS (excluding tunnels, building in rest area projects & railroad construction; suspension & spandrel arch bridges designed for navigation, bridges involving marine construction; or bridges) . Number Publication Date 01/04/2013 o 08/08/2011 Rates Fringes SETTER & Curb......... . . . .. . $ 10.69 Structures. . . , . . . . . . . . . . . . . . $ 13. 61 Raker. . . . . . . . . . . . . . . $ 11. 67 Common.............$ 10.25 Utility............$ 11.23 Pipe,layer. . . . . . . . . . . . . . . . . . . $ 11.17 Work Zone Barricade Serv:i.cer. . . . . . . . . . . . . . . . . . . . $ 11.51 (Structures).............$ 21.29 EQUIPMENT OPERATOR: Asphalt Distributor. ........$ 14.25 Asphalt Paving Machine. .....$ 13.44 Motor Grader rFine Grade. . . . $ 17.74 ~owboy__Float..... . .. .. . . . . . . $ 16.62 Axle. . . . . . . . . . . . . . . . . $ 11. 61 Receive rate prescribed for craft performing to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (il)). E18087.01 - Supplementary Conditions 03/13 00800 - 5 http://www.wdol.gov/wdol/scafiles/davisbacon/tx40.dvb 3/14/2013 Page 2 of3 SC-18.01.A (Continued) The body of each wage determination lists the classification and, wage rates that have been found to be prevailing for the Si~~?type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers II that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with charactersotherthan"SU" denotes that the union ~lassification~and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first f()urletters tPLUM, indicate the international union and the ~our~digitnumber, 0198, that follows indicates the local union Ilurnber> or district council number where applicable, i.e., plurnbersLocal 0198. The next number, 005 in the example, is aninternalnurnber used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example... U~ionprevailing wage rates will be updated to reflect any Ghanges the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually epchJanuary. Non~Union Identifiers Classifications listed under an "SU" identifier were derived fX'Offisllrvey data by computing average rates and are not union r~tes;however,the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010.SUindicates the rates are not union majority rates, LAinciicatestheState of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued General Wage Determination on that date. Survey wage rates will remain in effect and will not change until.. a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can E18087.01 - Supplementary Conditions 03113 00800 - 6 http://www. wdo1.gov/wdol/scafiles/davisbaconltx40.dvb 3/14/2013 Page 3 of3 SC-18.01.A (Continued) . be: * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wp-gedeterminationmatter conformance (additional classification and rate) ruling * * On survey related matters, initial contact, including requests for sUmmaries of surveys, should be with the Wage and Hour Rc:gionalOfficeforthe area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. to any other matter not yet ripe for the formal herel initial contact should be with the Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division D.S.Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 If the answer to the question in 1.) is yes, then an party (those affected by the action) can request and reconsideration from the Wage and Hour Administrator See 9 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The~equest should be accompanied by a full statement of the interestedparty's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 ) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION E18087.01 - Supplementsry Conditions 03/13 00800 - 7 http://www.wdol.gov/wdol/scafiles/davisbacon/tx40.dvb 3/14/2013 Page 1 of 4 SC-18.01.A (Continued) Decision Number: TX130045 01/04/2013 TX45 General Decision Number: TX20120045 Texas Types: Heavy PIPELINE CONSTRUCTION: Texas Statewide. - ON~SHORE CONSTRUCTION Nurnber Publication Date 01/04/2013 o SUTX1997-002 01/01/1997 Rates Fringes ....................$ 16.08 Hot pay.................... . $ 15.58 ~ackhammermen...............$ 15.58 Loaqers. . . . . . . . . . . . . . . . . . . . . $ 16.08 'powderman, blasters & shooters....................$ 16.58 Unskilled. . . . . . . . . . . . . . . . . . . $ 15.08 2.01 2.01 2.01 2.01 2.01 2.01 Pipefitter.....................$ 36.49 7.45 Power~quipment operators: Group 1..................... $ 22.95 Group 2..................... $ 17. 54 Group 3..................... $ 12.37 6.05 4.80 3.55 drivers: Group 1..................... $ 18. 82 Group 2..................... $ 18. 82 Group 3...................... $ 16. 81 Group 4..................... $ 16. 04 Grpup 5..................... $ 15.71 a a a a a FOOTNOTE -$2.52 PER HOUR PLUS $41. 00 PER WEEK . WELDERS ~ Receive rate prescribed for craft performing operation to which welding is incidental. TRUCK DRIVER CLASSIFICATIONS GROUP 1 ~ Truck Mechanics GROUP 2 - Lowboy, rollagon or similar type equipment GROUP 3 - A-Framer Gin pole, Tandem float (4 & 5 axle) rubber- tired tractor, fork lift, winch truck, track truck equipment, stringing truck GROUP 4 - Single axle float (3 axle), flat bed truck (3 axle) E18087.01 - Supplementary Conditions 03f13 00800 - 8 http://www.wdol.gov/wdol/scafiles/davisbaconltx45.dvb 3/14/2013 Page 2 of 4 SC-18.01.A (Continued) dump truck (3 axle), skid truck (3 axle), hot pass (2 axle), Flatbed truck (2 axle) dump truck (2 axle), skid truck (2 axle) water truck (2 axle), pick up, bus jeep, staion wagon, swamp buggy or similar type equipment. Stringer bead & hot pass (2 axle, flat bed truck (2 ), dump truck (2 axle), skid truck (2 axle), water truck ,pick~up, bus jeep, station wagon, swamp buggy or type equipment. POWER EQUIPMENT OPERATOR CLASSIFICATIONS - Backhoe, dragliner clam, crane, ditching machine, (except those in 2)1 mechanic, operator on dredges, bulldozer, cleaning coatingmachinet back filler, motor grader, end 3yd.& over), blending machine! wate-kote welder! track tractor Pipe dream, gin truck or winch truck with poles for hoisting, side boom (cradling rock drill), tow , farrntractor, road boring machine, end loader y.d), fork lift (industrial type), pot fireman agitated)i straightening machine, boring machine, (track or tow rig), mobile lubrication & service hydrostatic testing operator, rollagon or similar equipment Fuel man, oiler or swamper (on trenching machine or type equipment) WELDERS- Rec~ive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scop~ofthe classifications listed may be added after awa~donly as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the citedtype(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "8U" denotes that the union classification and rate have found to be prevailing for that E18087.01 - Supplementary Condllions 03/13 . 00800 - 9 http://www.wdol.gov/wdol/scafiles/davisbacon/tx45.dvb 3/14/2013 Page 3 of4 l:jC-18.01.A (Continued) classification. Example: PLOM0198-005 07/01/2011. The first fourletters, PLUM, indicate the international union and the four--:digit number, 0198, that follows indicates the local union npm?8F of district council number where applicable, i.e., ~l~~bers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011,. following these characters is the ~K:fectivedateofthe most current negotiated rate/collective bargaining agreement which would be July 1[ 2011 in the above example. pniOD prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived .frOlTIsu:rveydata by computing average rates and are not union rates;howeverf the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as General Wage Determination on that date. Survey wage rates will remain in effect and will not change until anew survey is conducted. WAGE DETERMINATION APPEALS PROCESS J Has there been an initial decision in the matter? This can be: * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests forsurnmaries of surveys, should be with the Wage and Hour R~gionalOffice for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the E18087.01 - Supplementary Conditions 03113 00800 - 10 http://www.wdol.gov/wdol/scafiles/davisbacon/tx45.dvb 3/14/2013 Page 4 of 4 SC-18.01.A (Continued) of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division D.S.Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 answer to the question in 1.) is yes, then an party (those affected by the action) can request reconsideration from the Wage and Hour Administrator CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ~houldbe accompanied by a full statement of the 'spQsition and by any information (wage project description, area practice material, requestor considers relevant to the issue. decision of the Administrator is not favorable! an party may appeal directly to the Administrative (formerly the Wage Appeals Board). Write to: Administrative Review Board D.S.Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ~--------------------------------------------------------------- END OF GENERAL DECISION E1BOB7.01 . Supplementary Conditions 03/13 00800 -11 http://www. wdo 1. gov/wdol/ scafiles/ davis baconlt:x4 5. dvb 3/14/2013 SC-18.01.A (Continued) Decision Number: TX130046 01/04/2013 TX46 General Decision Number: TX20120046 Type: Heavy Texas Statewide. Construction Number Publication Date 01/04/2013 o 01/31/1990 Rates Operator. . . . . . . . . . . . . . . . . . $ 10.75 Chief. . . . . . . . . . . . . . . . . . . . . . $ 7 .59 S",cond. . . . . . ... . . . . . . . . . . . . . $ 7.25 Operator. . . . . . . . . . . . . . . . . . . $ 11.50 . . . . , . . . . . . . . . . . . . . . . . . . . $ 7.25 & Sideboom Operator......$ 11.55 .... ..................... $ 11. 62 ......................$ 11.40 & Deck Engine! Fork & Mixer Operator, Pot ji'irem",n. ........................ $ 8 . 45 LABORER. . ... . . . . . . . . . . . . . . . . . . . . . . $ 7 . 25 .......................$ 11.40 . ... . . . . . . . . . . . . . . . . . . . . . $ 7.25 Welder. . . . . . . . . . . . . . . . . . $ 14.00 RIGGER. ......................... $ 8.50 Laborer. . . . . . . . . . . . . $ 7.25 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12.25 Spr~y Painter, Barge.............$ 8.25 Painter, Fabrication.......$ 10.16 Stabber. . . . . . . . . . . . . . . . . . . . . . . . . . $ 7.25 Stalking Machine Operator........$ 9.75 E18087.01 - Supplementary Conditions 03f13 00800 - 12 http://www.wdol.gov/wdol/scafiles/davisbacon/tx46.dvb Page 1 of 4 Fringes .68 .48 .41 .72 .32 .73 1. 75 .72 .53 .35 .72 .35 .88 .54 .41 .77 .52 .64 .46 .61 3/14/2013 Page 2 of4 SC-18.01.A (Continued) . .. ...................... $ 7.25 .93 Welder. . . . . . . . . . . . . . . . . . . $ 11.00 .69 - Receive rate prescribed for craft performing to which welding is incidental. - Receive rate prescribed for craft performing towhich.welding is incidental. classifications needed for work not included within of the classifications listed may be added after as provided in the labor standards contract clauses (a) (1) (U)). body of each wage determination lists the classification and wage rates that have been found to be prevailing for the citedtype(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical orderofUidentifiers" that indicate whether the particular is union or non-union. Identifiers An enclosed in dotted lines beginning with characters other than "SU" denotes that the union classif~cationand rate have found to be prevailing for that classific~tion. Example: PLUM0198-005 07/01/2011. The first four letters I PLUM I indicate the international union and the four~digitnumber/01981 that follows indicates the local union Ilurnberor district council number where applicable Ii. e. I Plumbers Local 0198. The next number, 005 in the example, is an Internal number used in processing the wage determination. The date, 07/01120111 following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 11 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the. collective bargaining agreements governing the 0000/9999: weighted union wage rates will be published annually each January. Non~Union Identifiers Classifications listed under an "SU" identifier were derived E18087.01 - Supplementary Conditions 03/13 00800 -13 http://www.wdol.gov/wdol/scafiles/davisbacon/tx46.dvb 3/14/2013 Page 3 of 4 SC-18.01.A (Continued) fFom s~r!eydata by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. .SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the sl.lrveY;<1nci007is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change llntilanew survey is conducted. ~--------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) be: Has>therebeen an initial decision in the matter? This can * an existing published wage determination survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling * * * On 8urveyrelatedmatters, initial contact, including requests tor summaries of surveys, should be with the Wage and Hour ~egiopalOffice for the area in which the survey was conducted because those Regional Offices have responsibility for the pavis~Bacopsurvey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) shoqld be followed. With regard to any other matter not yet ripe for the formal process described here[ initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division D.S.Department of Labor 200 Constitution Avenue, N.W. W~shington, DC 20210 ) If the answer to the question in 1.) is yes[ then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 ~nd 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the i.nterestedparty's position and by any information (wage paymeIltdata[ project description, area practice material, etc.) that the requestor considers relevant to the issue. E18087.01 -.Supplementary Conditions 03113 00800 - 14 http://www.wdol.gov/wdol/scatiles/davisbacon/tx46.dvb 3/14/2013 Page 4 of 4 SC-18.01.A (Continued) 3.) lfthe decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board {formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION E18087.01 - Supplementary Condilions 03113 00800 - 15 http://www.wdol.gov/wdol/scafiles/davisbaconltx46.dvb 3/14/2013 Page 1 of 4 SC-18.01.A (Continued) Decision Number: TX130066 01/04/2013 TX66 Supers~ded General Decision Number: TX20120066 : Texas Type: Heavy Aransas, Austin, Calhoun and Goliad Counties in CONSTRUCTION PROJECTS Number Publication Date 01/04/2013 09/08/2005 Rates Fringes Asphalt Distributor Operator.....$ 12.57 Asphalt paving machine ope;r:ator. . . . . . . . . . . . . . . . . . . . . . . . . $ 11.60 Asphalt Raker....................$ 10.63 Asphalt Shove1er.................$ 9.23 Brqomor Sweeper Operator.. .... ..$ 9.32 Bulldozer operator...............$ 11.69 CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 11.70 Concrete Finisher, Paving........$ 11.64 Concrete Finisher, Structures....$ 10.23 Concrete Rubber.... ............ ..$ 9.00 Crane, Clamshell, Backhoe, DerIJck,..Dragline,Shovel Operator.. . . . . . . . . . . . . . . . . . . . . . . . $ 12.00 F1agger. , . . . . . . . . . . . . . . . . . . . . . . . . $ 8.60 Form BuilderlSetter, Structures. . . . . . . . . . . . . . . . . . . . . . . $ 10.51 Form Setter, Paving & Curb.... ...$ 9.48 Foundation Drill Operator, Truck Mounted. . . . . . . . . . . . . . . . . . . . $ 14.58 Front End Loader Operator........$ 10.62 Laborer I common.................. $ 8.91 E18087.01 ~ Supplementary Conditions 03/13 00800 - 16 http://www. wdol.gov/wdol/scafiles/davisbacon/tx66.dvb 3/14/2013 Page 2 of4 SC-18.01.A (Continued) Utility. . . . . . . . . . . . . . . . . $ 9.21 MECHANIC. .......................$ 12.18 Grader Operator Fine . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.15 Operator Rough......$ 12.95 Machine . . . . . . . . . . . ... . . . . . . . . . . $ 13.32 ...................$ 9.71 P:neumatic, . . . . . . . . . . . . . . . . . . . $ 8.90 Steel.Wheel, . . . . . . . . . . . . . . . $ 9.30 Steel Wheel, ...............$ 10.59 Operator. . . . . . . . . . . . . . . . . $ 9. 85 . .......................$ 11.18 Box Operator............$ 13.00 Mixer Operator.........$ 12.67 Truck Driver Single Axle Heavy...$ 10.87 Driver Single Axle, ............................$ 10.85 driver, lowboy-F1oat.......$ 13.70 Truck Driver{ Tandem Axle! Semi-Trailer. . . . . . . . . . . . . . . . . . . . . $ 10.05 Work Zone Barricade Servicer.....$ 9.63 WELDERS .~ Receive rate prescribed for craft performing oper~tion to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after qwardonly as provided in the labor standards contract clauses 29CFR5.5 (a) (1) (ii)). The body of each wage determination lists the classification E18087.01 - Supplementary Conditions 03113 00800 - 17 http://www. wdoI. gov /wdo II scafiles/ davis bacon/t:x66 .dvb 3/14/2013 Page 3 of 4 SC-18.01.A (Continued) ~nd ~ageratesthat have been found to be prevailing for the citedtype(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical ofderof"identifiers" that indic'ate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with c::h~Factersotherthan 118U" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters, PLUM, indicate the international union and the f?~r~digitnumber, 0198, that follows indicates the local union Ilurnb8rol:'district council number where applicable I i.e., P~umbersLocal019B. The next number, 005 in the example, is ar1internalnumber used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above exa.mple. Un10nprevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually E;!achJanuary. Non~Unionldentifiers qlassifications listed under an "SU" identifier were derived rromsurveydataby computing average rates and are not union rates; however, the data used in computing these rates may Includebothunion and non-union data. Example: SULA2004-007 5/13/2010. SUindicates the rates are not union majority rates, LAin4icates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on determination matter E18087.01 - Supplementary Conditions 03113 00800 - 18 http://www.wdol.gov/wdol/scafiles/davisbacon/tx66.dvb 3/14/2013 Page 4 of 4 SC-18.01.A (Continued) conformance (additional classification and rate) ruling su~v~y related matters, initial contact, including requests surveys, should be with the Wage and Hour the area in which the survey was conducted Offices have responsibility for the survey program. If the response from this initial not satisfactory, then the process described in 2.) be followed. regard to any other matter not yet ripe for the formal described here/initial contact should be with the Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 lfthe answer to the question in 1.) is yes, then an party (those affected by the action} can request reconsideration from the Wage and Hour Administrator CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Tberequest should be accompanied by a full statement of the i?ter~stedparty's position and by any information (wage pCiyrnentdata,project description, area practice material, etc~)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. decisions by the Administrative Review Board are final. --------~~~--~-~~-------------------------------------~--------- ------------~~---------------------------------------~--~------- END OF GENERAL DECISION E18087.01 - Supplementary Condltions 03/13 00800 - 19 http://www.wdol.gov/wdol/scafiles/davisbacon/tx66.dvb 3/14/2013 Page 1 of 4 SC-18.01.A (Continued) Decision Number: TX130073 01/04/2013 TX73 General Decision Number: TX20120073 Types: Building and Residential Calhoun County in Texas. ANO RESIDENTIAL CONSTRUCTION Number Publication Date 01/04/2013 o 06/01/2012 Rates Fringes (Excluding Metal ...............$ 19.00 5.95 04/01/2009 Rates Fringes Sheet metal worker (Including BVAC Duct Work) . . . . . . . . . . . . . . . . . . $ 25.18 10.75 * SUTX1989~004 02/01/1989 BUILOING CONSTRUCTION PROJECTS Rates Fringes CARPENTER (Including Drywall Bangers) . . . . . . . . . . . . . . . . . . . . . . . . . $ 11.65 2.42 ELECTRICIAN...... ................$ 9.36 .17 . ........................$ 13.13 BVAC MECB~IC (Excluding BVAC .......................$ 10.00 LABORER. ... . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 25 METAL BUILDING ERECTOR...........$ 7.75 . . . . . . . .. . . . . . . . . . . . . . . . . . $ 9.04 .21 PLUMBER (Excluding BVAC Work)....$ 10.43 ROOFER. ... . . . . . . . . . . . . . . . . . . . . . . . . $ 8.14 Welders - Receive rate prescribed for craft performing operation to which welding is incidental. SUTX1990~046 01/24/1990 E180B7.01 - Supplementary Conditions 03/13 00800 - 20 http://www.wdol.gov/wdol/scafiles/davisbacon/tx73.dvb 3/14/2013 SC-18.01.A (Continued) CONSTRUCTION Mechanic...... ..$ . . . . . . . . . . . . . . . . . . . . . . . $ ... . . .. . .. .. .. .. . .. . . .. . .$ FINISHER. . . $ . . . . . . . . . . . . . . . . . . . . . . $ . . .. ... .... .. . . . .. . ... . .$ . ..... .. .. ..... . .. . .. ... $ . . . . . . . . . . . . . . . . . . . . $ MASON TENDERS...............$ .. . . ... . ... . .. .. . .. . .. . . . $ Pipefitters....... ..$ , . . . . . . . . . . . . . . . . . . . . . . . . . $ Sheet metalworker...............$ TRUCK DRIVER..... . . . . . . . . . . . . . . . . $ Page 2 of 4 Rates Fringes 7.25 8.50 7.25 7.25 7.31 7.25 7.25 7.25 7.25 7.25 8.01 7.25 9.44 7.25 WELDERS, Receive rate prescribed for craft performing operation to which welding is incidental. WELDERS-,.R.ecelve rate prescribed for craft performing operation to which welding is incidental. ~--------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the SCOpe of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR5.S (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the citedtype(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Tdentifiers E18087.01 - Supplementary Conditions 03113 00800 - 21 http://www.wdol.gov/wdol/scafiles/davisbacon/tx73.dvb 3/14/2013 Page 3 of 4 SC-18.01.A (Continued) ldentifierenclosed in dotted lines beginning with characters other than "SU" denotes that the union c:la~~ification and rate have found to be prevailing for that classification. Example: PLUMOl98-005 07/01/2011. The first four letters, PLUM, indicate the international union and the four~digit number, 0198, that follows indicates the local union I1urnber>ordistrict council number where applicable , i. e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effect~vedateof the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any cpaDges in the collective bargaining agr~ements governing the rates 000019999: weighted union wage rates will be published annually each January . Non"":'UnionIdentifiers Classifications listed under an "SD" identifier were derived fromsllrveydata by computing average rates and are not union rates) however I the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. 3D indicates the rates are not union majority rates, LA indicates the State of Louisianai 2004 is the year of the surveYiand 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued asaGen~ral Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can be: * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis~Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) E18087.01 - Supplementary Conditions 03/13 00800 - 22 http://www. wdol.gov/wdol/scafiles/davisbacon/tx73 .dvb 3/14/2013 Page 4 of 4 SC-18.01.A (Continued) 3.) should be followed. regard to any other matter not yet ripe for the formal described here, initial contact should be with the of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N,W. Washington, DC 20210 If the answer to the question in 1.) is yes, then an party (those affected by the action) can request reconsideration from the Wage and Hour Administrator 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue! N.W. Washington, DC 20210 should be accompanied by a full statement of the party's position and by any information (wage data, project description, area practice materialr the requestor considers relevant to the issue. .)If the decision of the Administrator is not favorable, an party may appeal directly to the Administrative (formerly the Wage Appeals Board). Write to: Administrative Review Board u.s. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION E18087.01 - Supplementary Conditions 03113 00800 - 23 http://www.wdol.gov/wdol/scafiles/davisbacon/tx73.dvb 3/14/20 I 3 SC-18.01.A (Continued) Page 1 of4 Decision Number: TX130075 01/04/2013 TX75 Texas Superseded General Decision Number: TX20120075 Type: Heavy Dredging Texas Statewide. PROJECTS ALONG THE TEXAS GULF COAST AREA INCLUDING ALL CHANNELS, HARBORS, RIVERS, TRIBUTARIES AND THE GULF WATERWAYS Number Publication Date 01/04/2013 01/18/1994 Op"rator. . . . . . . . . . . . . . . . . $ Operator.. . . . . . . . . . . . . . . . . . $ Dredge 16" and Over DECKHAND. . . . . . . . . . . . . . . . . . . . $ OREDGE TENDER OPERATOR......$ FIREMAN. . . . . . . . . . . . . . . . . . . . . $ FIRST ASSISTANT ENGINEER....$ LEVERMAN................... .$ OILER. . . . . . . . . . . . . . . . . . . . . . . $ SECOND ASSISTANT ENGINEER...$ SHOREMAN. . . . . . . . . . . . . . . . . . . . $ THIRD ASSISTANT ENGINEER....$ TRUCK DRIVER................$ WELOER. . . . . . . . . . . . . . . . . . . . . . $ Dredge Under 161J DECKHAND. . . . . . . . . . . . . . . . . . . . $ DREDGE TENDER OPERATOR......$ LEVERMAN. . . . . . . . . . . . . . . . . . . . $ OILER. . . . . . . . . . . . . . . . . . . . . . . $ WELDER. . . . . . . . . . . . . . . . . . . . . . $ Hydraulic Dredging FIRST COOK.... . . . . . . . . . . . . . . $ HANDyMAN...... ..............$ JANITOR - CABIN PERSON... ...$ MESS PERSON . . . . . . . . . . . . . . . . . $ SECOND COOK.. . . . . . . . . . . . . . . . $ Marsh Buggy Dragline OILER. . . . . . . . . . . . . . . . . . . . . . . $ OPERATOR. . . . . . . . . . . . . . . . . . . . $ Rates Fringes 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 7.25 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. E1B087.01 - Supplementary Conditions 03f13 00800 - 24 http://www. wdol. gOY Iwdo II scafilesl davis bacon/t:x7 5 .dvb 3/14/2013 Page 2 of 4 SC-18.01.A (Continued) ---------~------------------------------------------------------ ---------------------------------------------------------------- classifications needed for work not included within of the classifications listed may be added after as provided in the labor standards contract clauses 5 (a) (~) (ii)). Thebopy of each wage determination lists the classification and wage rates that have been found to be prevailing for the citecltype {s)ofconstruction in the area covered by the wage determination. The classifications are, listed in alphabetical o,r-derofUidentifiers" that indicate whether the particular rate is union or non-union. Union Identifiers Al1.identifierenclosed in dotted lines beginning with characters other than "SU" denotes that the union cl~ssification and rate have found to be prevailing for that classification. Example: PLUMOl98-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four~4igitnumber, 0198, that follows indicates the local union number or district council number where applicable, i.e., RlumbersLocal 0198. The next number, 005 in the example, is ~l1internal number used in processing the wage determination. Tlledate,07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Qnionprevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually January. Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however', the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the . wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued a General Wage Determination on that date. Survey wage rates will remain in effect and will not change E18087.01 - Supplemenlary Conditions 03/13 00800 - 25 http://www. wdol.gov/wdol/scafiles/davisbacon/tx7 5 .dvb 3/14/2013 Page 3 of 4 SC-18.01.A (Continued) a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling survey related matters, initial contact, including requests summariesofsurveysr should be with the Wage and Hour Office for the area in which the survey was conducted those Regional Offices have responsibility for the survey program. If the response from this jnitial is satisfactory, then the process described in 2.) and should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division D.S.Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ;} If the answer to the question in 1.) is yes, then an party (those affected by the action) can request and reconsideration from the Wage and Hour Administrator See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. ;)Ifthe decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. E18087.01 - Supplementary Conditions 03113 00800 - 26 http://www.wdol.gov/wdol/scafiles/davisbaconltx75.dvb 3/14/2013 Page 4 of 4 SC-1B.01.A (Continued) ~--------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION E18081.01 - Supplementary Conditions 03113 00800 - 27 http://www. wdol.gov/wdol/scafiles/davisbacon/tx7 5 .dvb 3/14/2013 00810 ClAP SPECIAL CONDITIONS The conditions contained in this section are required by the Coastal Impact Assessment Program (ClAP). In the event of a conflict between this section and similar provisions contained elsewhere in the Bidding/Contract Documents, these conditions shall govern. This project will be totally funded by a Federal Coastal Impact Assessment Program Grant, administered by the U.S. Depmiment of the Interior, Fish and Wildlife Service, which will require special conditions to be met. CONTRACTOR must comply with the following: 1. Code of Federal Regulations (CFR) requirements, including but not limited to: . 2 CFR Part 175, Trafficking Victims Protection act of 2000 . 43 CFR 12, Administrative and Audit Requirements and Cost Principles of . Assistance Programs . 43 CFR 43, Govermnent-wide Requirements for a Drug-Free Workplace . 43 CFR 18, New Restrictions on Lobbying 2. All applicable state and local laws and regulations. 3. Buy American Requirements: S 12.730 of the Buy American Act-Supplies. (a) The Buy American Act (41 U.S.C. 10) provides that the Government give preference to domestic end products. Components, as used in this clause, means those miicles, materials, and supplies incorporated directly into the end products. Domestic end product, as used in this clause, means an unmanufactured end product mined or produced in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the products referred to in paragraphs (b )(2) or (3) of this clause shall be treated as domestic. End products, as used in this clause, means those atiicles, materials, and supplies to be acquired for public use under this contract. (b) CONTRACTOR shall deliver only domestic end products, except those- (1) For use outside the United States; (2) That the Government determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; (3) For which the head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official determines that domestic preference would be inconsistent with the public interest; or (4) For which the head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official determines the cost to be unreasonable (see S 12.715). 4. Historically Underuti1ized Businesses: In accordance with State law, it is the OWNER's policy to assist HUBS whenever possible when providing goods and services to the OWNER. The OWNER encourages CONTRACTOR to adhere to this satne philosophy in selecting subcontractors. 5. Record Retention and Audit Requirements: CONTRACTOR agrees that all relevant records related to this Agreement, including the records of its subcontractors, shall be subject to audit. Accordingly, such records shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records may be found, with or without notice from the OWNER or other government entity with necessary legal authority. CONTRACTOR agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. CONTRACTOR will ensure that this clause conceming federal and state entities' authority to inspect, examine, audit, and copv records, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. CONTRACTOR agrees that the OWNER or its duly authorized representatives shall, until the expiration of five (5) years after expenditure of funds hereunder, have access to examine any of CONTRACTOR's books, documents, papers, and other records involving transactions related to this Agreement. CONTRACTOR shall preserve all such records for a period of not less than five (5) years. The period of retention may be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 6. All agreements/contracts with subcontractors must include the following: (a) Signed Assurances-Construction Programs SF-424D (b) Signed Conflict of Interest Questionnaire (c) Signed Federal Procurement Debarment Certification U.S. Depariment ofCOlmnerce Form CD-512 PROJECT SIGNAGE Seadrift Pier Calhoun County This construction project was funded with qualified outer continental shelf oil and gas revenues by the Coastal Impact Assistance Program, Fish and Wildlife Service, U.S. Department ofthe Interior. CHANGE ORDER No, DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: CONTRACTOR: ENGINEER: CONTRACT: PROJECT: Calhoun County Urban Engineering Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas OWNER'S CONTRACT NO,: 5107-486-01 ENGINEER'S PROJECT NO,: E18087,Q1 Description: You are directed to make the following changes in the Contract Documents: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contra.ct Price: $ Net Increase (Decrease) from previous Change Orders No. - to No. - $ Contract Price prior to this Change Order: $ Net increase (decrease) of this Change Order: $ Contract Price with all approved Change Orders: $ RECOMMENDED: APPROVED: By: ENGINEER (Authorized Signature) CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. Substantial Completion: Ready for final payment: (davs) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) ACCEPTED: By: OWNER (Authorized Signature) Date: Date: By: CONTRACTOR (Authorized Signature) Date: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. E18087.01 - Change Order 03f13 00940 - 1 WORK CHANGE DIRECTIVE No, DATE OF ISSUANCE: EFFECTIVE DATE: Urban Engineering Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01 Constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas OWNER'S CONTRACT NO.: 5107-486-01 OWNER: CONTRACTOR: ENGINEER: CONTRACT: PROJECT: Calhoun County ENGINEER'S PROJECT NO.: E18087.01 You are directed to make the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change): If OWNER or CONTRACTOR believes that the above change has affected Contract Price, any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: o Unit Prices o Lump Sum o Cost of the Work Estimated increase (decrease) in Contract Times: Substantial Completion: Ready for final payment: days; days. Estimated increase (decrease) in Contract Price: $ If the change involves an increase, the estimated amount is not to be exceeded without further authorization. RECOMMENDED; ENGINEER AUTHORIZED: OWNER ACCEPTED: CONTRACTOR By: By: By: (Authorized Signature) (Authorized Signature) (Authorized Signature) EJCDC 1910-8-8 (1996 EdiUan) Prepared by the Engineers Joint Contract Documents Committee and endorsed by Tha Associated Genera! Contractors of America and the Construction Specifications Institute. E18087.01 - Work Change Directive 03/13 00940 - 2 JECT TIONS TABLE OF CONTENTS PROJECT SPECIFICATIONS Division 1 - General Requirements Section 01010 Section 01015 Section 01025 Section 01035 Section 01040 Section 01045 Section 01050 Section 01090 Section 01300 Section 01380 Section 01410 Section 01420 Section 01500 Section 01505 Section 01564 Section 01630 Section 01700 Section 01720 Summary of Work Contractor Use of Prernises Measurernent and Payment Change Order Procedures Coordination and Meetings Cutting and Patching Field Surveying Reference Standards Submittals Construction Photographs and Videos Testing Laboratory Services Inspection Services Ternporary Facilities and Controls Mobilization Waste Material Disposal Product Options and Substitutions Contract Closeout Project Record Documents Section 02485 Division 2 - Site Work Treated Timber Structures Table of Contents w Project Specifications 03/13 (E18087.01 - Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107w486w01) Page 1 of 1 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.01 SECTION INCLUDES A. Summary of the Work including work by Owner, Owner furnished products, required Work sequence, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. Work of the contract is for constructing an approximately 300 foot timber fishing pier, including 4 concrete parking spaces and 350 linear feet of concrete sidewalks, located along the San Antonio Bay shoreline in Seadrift, Calhoun County, Texas, 1.03 ALTERNATES A. Alternates quoted on the Bid Form will be reviewed and accepted or rejected at Owner's option. All Alternates are mandatory, B. Volunteer Alternates - Any Alternate not specified in this Section will not be considered, C. Description of Alternates: 1. Alternate 1 - Install precast concrete trash receptacles (includes concrete pad) and concrete benches (T AS compatible, with concrete pad). 2. Alternate 2 - Upgrade pier lights and fishing lights to LED. 1.04 WORK BY OWNER - None 1,05 OWNER FURNISHED PRODUCTS - None 1.06 REQUIRED WORK SEQUENCE - None 1.07 OWNER OCCUPANCY A. The Owner will occupy the site during the entire period of construction for the conduct of normal operations. B. Cooperate with the Owner to minimize conflict and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. C. Schedule Work to accommodate this requirement. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01010 - Summary of Work 03/13 (E18087.01 - Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01) 01010-1 Page 1 of 1 SECTION 01015 CONTRACTOR USE OF PREMISES PART 1 GENERAL 1.01 SECTION INCLUDES A. Section includes general use of the site including properties inside and outside of the site, work affecting roadways, ramps, streets and driveways and notification to adjacent occupants. 1.02 SITE A. Confine access and operations and storage areas to site provided by Owner; trespassing on abutting lands or other lands in the area is not allowed. B. Contractor may make arrangements, at Contractor's cost, for temporary use of private properties, in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the site. 1,03 PROPERTIES OUTSIDE OF SITE A. Altering the condition of properties adjacent to the site will not be permitted unless authorized by the Engineer. B. Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the site will not be permitted. C. Any damage to properties outside of the site shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. 1.04 USE OF SITE A. Obtain approvals of governing authorities prior to impeding or closing public roads or streets. B. Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C. Maintain access for emergency vehicles including access to fire hydrants. D, Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E. Locate and protect private lawn sprinkler systems which may exist within the site. Repair or replace damaged systems to condition equal to or better than that existing at start of Work. F. Perform daily clean up of dirt outside the construction zone, and debris, scrap materials, and other disposable items. Keep streets, driveways, and sidewalks clean of dirt, debris and scrap materials. Do not leave buildings, roads, streets or other construction areas unclean overnight. 1.05 NOTIFICATION TO ADJACENT OCCUPANTS A. Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be not less than 72 hours or more than 2 weeks prior to work being performed within 200 feet of the homes or businesses. Section 01015 - Contractor Use of Premises 10106 01015-1 Page 1 of 2 SECTION 01015 CONTRACTOR USE OF PREMISES B. Include in notification name and telephone numbers of a company representative for resident contact. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C. Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.06 PUBLIC, TEMPORARY, AND CONSTRUCTION ROADS AND RAMPS A. Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. B. Operate all trucks in accordance with applicable provisions of the City's Ordinances. C. Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment. D. Construct and maintain access roads and parking areas as specified in Section 01500 - Temporary Facilities and Controls. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A. Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at anyone time, except by permission of the Engineer. B. Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C. Remove surplus materials and debris and open each block for public use as work in that block is complete. D. Acceptance of any portion of the Work will not be based on return of street to public use. E. Avoid obstructing driveways or entrances to private property. F. Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. 1.08 TRAFFIC CONTROL A. Provide barricades and signs in accordance with Section VI of the State of Texas Manual on Uniform Traffic Control Devices. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01015 - Contractor Use of Premises 10/06 01015-2 Page 2 of 2 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Procedures for measurement and payment plus conditions for nonconformance assessment and nonpayment for rejected products. 1.02 AUTHORITY A. Measurement methods delineated in Specification sections are intended to complement the criteria of this section. In the event of conflict, the requirements of the Specification section shall govern. B. Measurements and quantities submitted by the Contractor will be verified by the Engineer. C. Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A. Quantity and measurement estimates stated in the Agreement are for contract purposes only. Quantities and rneasurements supplied or placed in the Work and verified by Engineer shall determine payment as stated in the General Conditions. B. If the actual Work requires greater or lesser quantities than those quantities indicated in the Unit Price Bid, provide the required quantities at the unit prices contracted, except as otherwise stated in the General Conditions, 1.04 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. B. Measurement by Volume: 1, Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C. Measurement by Area: Measured by square dimension using mean length and width or radius. D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E. Stipulated Price Measurement: By unit designated in the agreement. F. Other: Items measured by weight, volume, area, or lineal means or combinatlon, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A. Payment Includes: Full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. Section 01025 - Measurement and Payment 03/03 01025-1 Page 1 of2 SECTION 01025 MEASUREMENT AND PAYMENT B. Total cornpensation for required Unit Price Work shall be included in the Unit Price Bid. Claims for payment as Unit Price Work, but not specifically covered in the list of unit prices contained in the Unit Price Bid, will not be accepted. C. Interim payments for stored materials will be made only for materials to be incorporated under items covered in unit prices, unless disallowed in Supplementary Conditions. Such materials must be stored on the jobsite or at a location approved by the Engineer. D. Progress payments will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. E. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. F. Some individual technical specifications may contain measurement and/or payment provisions that may not be consistent with the Bid Form. In all cases, the Bid Form will take precedence over the technical specifications with regard to measurement and payment. 1.06 NONCONFORMANCE ASSESSMENT A. Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1, The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of Engineer, if the modified work is deemed to be less suitable than originally specified. C. Specification sections may modify these options or may identify a specific formula or percentage price reduction. D. The authority of Engineer to assess the nonconforming work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer, 2. Products determined as nonconforming before or after placernent. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. PART 2 PRO D U C T S - Not Used PART 3 EX E CUT ION - Not Used END OF SECTION Section 01025 - Measurement and Payment 03/03 01025-2 Page 2 012 SECTION 01035 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Procedures for processing Change Orders, including: 1, Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, work change directive, stipulated price change order, unit price change order, time and materials change order; 4. Execution of Change Orders; 5, Correlation of Contractor submittals. 1.02 REFERENCES A. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.03 RESPONSIBLE INDIVIDUAL A. Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work, The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A. Contractor shall maintain detailed records of changes in the Work. Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Contractor shall document each proposal for a change in cost or time with sufficient data to allow evaluation of the proposal. C. Proposals shall include, as a minimum, the following information as applicable: 1. Quantities of items in the original Bid Form with additions, reductions, deletions, and substitutions. 2. When Work items were not included in the Bid Form, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer, 3. Justification for any change in Contract Time. 4. Additional data upon request. D. For changes in the Work performed on a time-and-material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, sirnilarly documented. E. Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental Section 01035 - Change Order Procedures 03/03 01035-1 Page 1 of3 SECTION 01035 CHANGE ORDER PROCEDURES invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F. For changes in the work performed on a time-and-materials basis using Contractor-owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A. Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All changes will be in accordance with the requirements of the General Conditions. B. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by the General Conditions by issuing supplemental instructions. C. Contractor may request clarification of Drawings, Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this section. 1.06 PROPOSALS AND CONTRACT MODIFICATIONS A. The Engineer may issue a - Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal within 7 days or as specified in the request. B. The Contractor may propose an unsolicited change by submitting a Proposal to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A. Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C. Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. Section 01035 - Change Order Procedures 03/03 01035-2 Page 2 of 3 SECTION 01035 CHANGE ORDER PROCEDURES 1.08 STIPULATED PRICE CHANGE ORDER A. A stipulated price Change Order will be based on an accepted Proposal including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A. Where Unit Prices for the affected items of Work are included in the Bid Form, the unit price Change Order will be based on unit prices as originally bid, subject to provisions of the General Conditions. B. Where unit prices of Work are not pre-determined in the Bid Form, Work Change Directive or accepted Proposal will specify the unit prices to be used. 1.10 TIME-AND-MA TERIAL CHANGE ORDER A. Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in the General Conditions. B. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the General Conditions. C. Contractor shall maintain detailed records of work done on time-and-material basis as specified in paragraph 1.04, Documentation of Change in Contract Price and Contract Time. D. Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A. Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for signatures of parties as described in the General Conditions. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A. For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B. For Unit Price Contracts, the next monthly estimate of work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C. Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D. Contractor shall promptly enter changes to the on-site and record copies of the Drawings, Specifications or Contract Documents as required in Section 01720 - Project Record Documents. PART 2 PRO D U C T S - Not Used PART 3 EX E CUT ION - Not Used END OF SECTION Section 01035 - Change Order Procedures 03/03 01035-3 Page 3 of 3 SECTION 01040 COORDINATION AND MEETINGS PART 1 GENERAL 1.01 SECTION INCLUDES A. Section includes general coordination including preconstruction conference, site mobilization conference, and progress meetings. 1.02 RELATED DOCUMENTS A. Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A. The Engineer may act directly or through designated representatives as defined in the General Conditions and as identified by name at the preconstruction conference. 1.04 CONTRACTOR COORDINATION A. Coordinate scheduling, submittals, and Work of the various Specifications sections to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work for Substantial Completion and for portions of Work designated for Owner's partial occupancy. C. Coordinate access to site for correction of nonconforming Work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a preconstruction conference. B. Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C. Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties in Contract, and the Consultant. 3. Review of insurance. 4. Discussion of formats proposed by the Contractor for schedule of values, and construction schedule. 5. Procedures and processing of shop drawings and other submittals, substitutions, pay estimates or applications for payment, Requests for Information, Request for Proposal, Change Orders, and Contract closeout. 6. Scheduling of the Work and coordination with other contractors. 7. Review of Subcontractors. 8. Appropriate agenda items listed for Site Mobilization Conference, paragraph 1.06 C, when preconstruction conference and site mobilization conference are combined. 9. Procedures for testing. 10. Procedures for maintaining record documents. 1.06 SITE MOBILIZATION CONFERENCE A. When required by the Contract Documents, Engineer will schedule a conference at the Project site prior to Contractor occupancy. Section 01040 - Coordination and Meetings 03/03 01040-1 Page 1 of2 SECTION 01040 COORDINATION AND MEETINGS B. Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C. Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A. Project meetings shall be held at Project field office or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C. Engineer or his representative will make arrangements for meetings and recording minutes. D. Engineer or his representative will prepare the agenda and preside at meetings. E. Contractor shall provide required information and be prepared to discuss each agenda item. F. Agenda: 1. Review minutes of previous meetings 2. Review of Work progress schedule submittal, and pay estimates, payroll and compliance submittals 3. Field observations, problems, and decisions 4. Identification of problems which impede planned progress 5. Review of submittals schedule and status of submittals 6. Review of Request for Information and Request for Proposal status 7. Change order status 8. Review of off-site fabrication and delivery schedules 9. Maintenance of progress schedule 10. Corrective measures to regain projected schedules 11. Planned progress during succeeding work period 12. Coordination of projected progress 13. Maintenance of quality and work standards 14. Effect of proposed changes on progress schedule and coordination 15. Other items relating to Work PART 2 PRO D U C T S - Not Used PART 3 EX E CUT ION - Not Used END OF SECTION Section 01040 - Coordination and Meetings 03/03 01040-2 Page 2 of2 SECTION 01045 CUTTING AND PATCHING PART 1 GENERAL 1.01 SECTION INCLUDES A. Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover work for access, inspection or testing. 1.02 CUTTING AND PATCHING A. Perform activities to avoid interference with facility operations and the Work of others in accordance with the Document 00700 - General Conditions of the Contract. B. Execute cutting and patching, including excavation, backfill and fitting to: 1. Remove and replace defective Work or Work not conforming to the Drawings and Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Engineer or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues, if any, and do cutting, patching and finishing. C. Restore existing work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Specifications. D. Support, anchor, attach, match, trim and seal materials to the Work of others. Unless otherwise specified, furnish and install sleeves, inserts, hangers, required for the execution of the Work. E. Provide shoring, bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting beams or other structural members, anchors, lintels or other supports, request written instructions from the Engineer. Follow such instructions, as applicable. 1.03 SUBMITTALS A. Submit written notice to the Engineer requesting consent to proceed prior to cutting which may affect structural integrity or design function, Owner operations, or work of another contractor. B. Include the following in submittal: 1. Identification of project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. Section 01045 - Cutting and Patching 10106 01045-1 Page 1 of 2 SECTION 01045 CUTTING AND PATCHING d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. C. Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Engineer including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. D. Submit written notice to the Engineer designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the Engineer. 1.04 CONNECTIONS TO EXISTING FACILITIES A. Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Specifications or approved by the Engineer. B. Coordinate with the Engineer and utility owner, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C. Submit a detailed schedule of proposed connections, including shut-downs and tie-ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Provide specific time and date information to the Engineer 48 hours in advance of proposed Work. D. Procedures and Operations: 1. The Contractor shall operate existing pumps, valves and gates required for sequencing procedures as directed by the Engineer. Do not operate any valve, gate or other item of equipment without the knowledge of the Engineer. 2. Insofar as possible, equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility. 3. Carefully coordinate Work and schedules. Provide written notice to the Engineer and utility owner at least 48 hours before shut-downs or by-passes are reqyired. PART 2 PRO D U C T S - Not Used PART 3 EX E CUT ION - Not Used END OF SECTION Section 01045 - Cutting and Patching 10106 01045-2 Page 2 of2 SECTION 01050 FIELD SURVEYING PART 1 GENERAL 1.01 QUALITY CONTROL A. Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer, if required. 1.02 SUBMITTALS A. Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. B. Submit documentation verifying accuracy of survey work on request. C. Submit information under provisions of Section 01300 - Submittals. 1.03 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey work as it progresses. B. Submit Record Documents under provisions of Section 01720 - Project Record Documents. 1.04 EXAMINATION A. Verify locations of survey control points prior to starting Work. B. Notify Engineer immediately of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A. Control datum for survey is that established by Owner-provided survey as indicated on Drawings or in the Special Conditions. B. Locate and protect survey control points, including property corners, prior to starting site work; preserve permanent reference points during construction. C. Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. D. Report promptly to Engineer the loss or destruction of any reference point. E. Contractor shall reimburse Owner for cost of reestablishment of permanent reference points disturbed by Contractor's operations. 1.06 SURVEY REQUIREMENTS A. Utilize recognized engineering survey practices. B. Establish a minimum of two permanent benchmarks on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C. Establish elevations, lines and levels to provide quantities required for measurement and payment and to provide appropriate controls for the Work. Locate and layout by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. Section 01050 - Field Surveying 07/04 01050-1 Page 1 of2 SECTION 01050 FIELD SURVEYING 2. Grid or axis for structures. D. Verify periodically layouts by same means. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01050 - Field Surveying 07/04 01050-2 Page 2 of 2 SECTION 01090 REFERENCE STANDARDS PART 1 G ENE R A L 1.01 SECTION INCLUDES A. Section includes general quality assurance as related to Reference Standards and a list of references. 1.02 QUALITY ASSURANCE A. For Products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on the date as stated in the General Conditions. C. Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 AI Asphaltl nstitute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N. W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 Section 01090 - Reference Standards 03/03 01090-1 Page 1 of4 SECTION 01090 ANSI REFERENCE STANDARDS APA API AREA ASTM AWPA AWS AWWA CLFMI CRD CRSI EJMA FS ICEA American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 American Wood-Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 American Welding Society P.O. Box 35104 Miami, FL 33135 American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 U.S.A. Corps. of Engineers Concrete Reinforcing Steel I nstitute 933 Plum Grove Road Schaumburg, IL 60173-4758 Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, SW. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 01090-2 Page 2 of4 Section 01090 - Reference Standards 03/03 SECTION 01090 IEEE REFERENCE STANDARDS MIL NACE NEMA NFPA OSHA PCA PCI SDI SSPC TAC TCEQ TxDOT UL Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington, DC 20406 National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 National Electrical Manufacturers' Association 2101 L Street, N.W., Suite 300 Washington, DC 20037 National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy, MA 02269-9101 Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 Steel Deck Institute Box 9506 Canton, OH 44711 Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 Texas Administrative Code Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 Texas Department of Transportation 11 th and Brazos Austin, TX 78701 2483 Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 01090-3 Page 3 of 4 Section 01090 - Reference Standards 03/03 SECTION 01090 REFERENCE STANDARDS PART 2 UNI-BELL UN I-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 Dallas, TX 75234 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01090 - Reference Standards 03/03 01090-4 Page 4 of 4 SECTION 01300 SUBMITTALS PART 1 GENERAL 1.01 SECTION INCLUDES A. Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes 1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling 1. Schedule submittals well in advance of the need for the material or equipment for construction. Allow time to make delivery of material or equipment after submittal is approved. 2. Develop a submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a submittal schedule be acceptable which allows less than 30 days for initial review by the Engineer.' This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers only general conformity to the Drawings, Specifications and dimensions which affect the layout. The Contractor is responsible for quantity determination. No quantities will be verified by the Engineer. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals in no way relieves the Contractor from his obligation to furnish required items according to the Drawings and Specifications. 4. Submit five copies of documents unless otherwise specified in the following paragraphs or in the Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in periodic progress payments until approval has been obtained in the specified manner. B. Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Resubmittals shall use the original number with an alphabetic suffix (i.e., 2A for first resubmittal of Submittal 2 or 15C for third resubmittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. C. Contractor's Certification 1. Each submittal shall contain a statement, signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. Section 01300 - Submittals 07/04 01300-1 Page 1 of 5 SECTION 01300 SUBMITTALS 1.03 SCHEDULE OF VALUES A. Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in the Unit Price Bid for which the Contractor requests to receive progress payments. B. Schedule of Values shall be typewritten on 8-1/2" x 11", plain bond, white paper.. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C. Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable lump sum amount in the Unit Price Bid. D. For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, mobilization, bonds, and insurance may be listed as separate items in the Schedule of Values. E. For lump sum equipment items where submittal of operations and maintenance data and testing are required, include a separate item for equipment operation and maintenance data submittal valued at 5 percent of the lump sum amount and a separate item for testing and adjusting valued at 5 percent of the lump sum amount. F. Revise the Schedule of Values and resubmit for items affected by Contract Modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A. Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be a bar chart, either computer generated, or prepared manually and a narrative report. B. During the Pre-construction Meeting, as noted in Section 01040 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the submittal will be provided within 7 days of the submittal of the sample. C. Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For projects with work at different physical locations, each location should be indicated separately within the schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the schedule. 4. For projects with multiple types of tasks within the scope, these types of work should be indicated separately within the schedule. 5. For projects with significant major equipment items or materials worth over 30 percent of the Total Contract Price, the schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Schedule and must be agreed to by the Engineer prior to starting work in the area. Section 01300 - Submittals 07/04 01300-2 Page 2 of 5 SECTION 01300 SUBMITTALS 7. A tabulation of the estimated monthly billings for the work shall be prepared and submitted by the Contractor with the first schedule submittal. This information is not required in the monthly updates, unless significant changes in Work require resubmittal of the schedule for review. The total for each month and a cumulative total will be indicated. These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with the General Conditions. D. The Contractor must receive approval of the Engineer for the Schedule and billing estimate prior to the first monthly Application for Payment. No payment will be made until these are accepted. E. Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F. The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the schedule shall be required before the monthly Application for Payment will be processed for payment. G. The narrative Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Schedule; Activities Deleted from the Schedule; any other changes made to the Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A. Shop Drawings 1. Submit shop drawings for review as required by the Specifications. 2. Contractor's Certification, as described in paragraph 1.02C, shall be placed on each drawing. 3. The drawings shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such b. Arrangement and section views c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts d. Kinds of materials and finishes e. Parts list and descriptions f. Assembly drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package g. Where necessary for clarity, identify details by reference to drawing sheet and detail numbers, schedule or room numbers as shown on the Contract Drawings. 4. Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. B. Product Data 1. Submit product data for review as required in Specification sections. 2. Contractor's Certification, as described in paragraph 1.02C, shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Specifications. Section 01300 - Submittals 07/04 01300-3 Page 3 of 5 SECTION 01300 SUBMITTALS 4. For products specified only by reference standard, give manufacturers, trade name, model or catalog designation and applicable reference standard. 5. For products proposed as alternates to "approved" products, as described in Section 01630 - Product Options and Substitutions, provide all information required to demonstrate the proposed products meet the level of quality and performance criteria of the "approved product". C. Samples 1. Submit samples for review as required by the Specifications. 2. Contractor's Certification, as described in paragraph 1.02C, shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in Specifications; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A. When specified in Specification sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B. Contractor's Certification, as described in paragraph 1.02C, shall be placed on front page of each document. C. Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A. When specified in Specification sections, submit manufacturers' certificate of compliance for review by Engineer. B. Contractor's Certification, as described in paragraph 1.02C, shall be placed on front page of the certificate. C. Submit supporting reference data, affidavits, and certifications as appropriate. D. Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A. When required, submit photographs in accordance with Section 01380. 1.09 PROJECT RECORD DOCUMENTS A. Submit Project Record Documents in accordance with Section 01720 - Project Record Documents. 1.10 DESIGN MIXES A. When specified in Specifications, submit design mixes for review. B. Contractor's Certification as described in paragraph 1.02C, shall be placed on front page of each design mix. Section 01300 - Submittals 07/04 01300-4 Page 4 of 5 SECTION 01300 SUBMITTALS C. Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D. Maintain a copy of approved design mixes at mixing plant. PART 2 PRO D U C T S - Not Used PART 3 EX E CUT ION - Not Used END OF SECTION Section 01300 - Submittals 07/04 01300-5 Page 5 of 5 SECTION 01380 CONSTRUCTION PHOTOGRAPHS AND VIDEOS PART 1 G ENE R A L 1.01 SECTION INCLUDES A. Requirements for construction photographs and video submittals. 1.02 UNIT PRICES A. No separate payment will be made for work under this section. Include the cost in the unit price of related work. 1.03 SUBMITTALS A. Submit one (1) copy of photographs and/or videos to the Engineer. PART 2 PRODUCTS 2.01 PRECONSTRUCTION PHOTOGRAPHS AND VIDEOS A. Prior to the commencement of any construction, take photographs and/or videos which adequately and completely show the project area. 2.02 POST CONSTRUCTION PHOTOGRAPHS AND VIDEOS A. On completion of construction, provide photographs and/or videos of the entire project site including any public or private property which has been repaired or restored and any damage which is the subject of complaints. PART 3 E X E CUT ION - Not Used END OF SECTION Section 01380 - Construction Photographs and Videos 07/04 01380-1 Page 1 of 1 SECTION 01410 TESTING LABORATORY SERVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Testing Laboratory Services and Contractor responsibilities related to those services. 1.02 SELECTION AND PAYMENT A. Owner will employ and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Specification sections. B. Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C. Contractor shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. 1.03 LABORATORY REPORTS A. The Engineer will receive three copies, and the Contractor will receive two copies of laboratory reports from the testing laboratory. One of the Contractor's copies shall remain at site field office for duration of project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory, to the Contractor and Engineer. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A. Notify Engineer, and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Consultant if specification section requires the presence of the Consultant. B. Cooperate with laboratory personnel in collecting samples to be tested or collected on site. C. Provide access to the Work and to manufacturer's facilities. D. Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E. Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F. Arrange with laboratory and pay for 1. All failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor beyond specified requirements. Section 01410 - Testing Laboratory Services 10106 01410-1 Page 1 of2 SECTION 01410 TESTING LABORATORY SERVICES PART 2 PRO D U C T S - Not Used PART 3 EXECUTION 3.01 CONDUCTING TESTING A. Laboratory sampling and testing shall conform to ASTM D3740 and ASTM E329, plus other test standards specified in individual Specification sections. B. The frequency or number of tests specified in individual sections may be decreased at the discretion of the Engineer. END OF SECTION Section 01410- Testing Laboratory Services 10106 01410-2 Page 2 of 2 SECTION 01420 INSPECTION SERVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Inspection services and references. 1.02 INSPECTION A. The Owner may appoint an Inspector to perform inspections, tests, and other services specified in individual specification Sections. B. Alternately, the Engineer may appoint, employ, and pay an independent firm to provide additional inspection or construction management services. C. Reports will be submitted by the independent firm to Engineer, Consultant, and Owner, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Assist and cooperate with the Inspector; furnish samples of materials, design mix, equipment, tools, and storage. E. Notify Engineer 24 hours prior to expected time for operations requiring services. Notify Consultant and independent firm when noted. F. Sign and acknowledge report for Inspector. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01420 -Inspection Services 10106 01420-1 Page 1 of 1 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary facilities and the necessary controls for the project including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, environmental controls, disposal of trash, debris, and excavated material, pest and rodent control, water runoff and erosion control. 1.02 CONTRACTOR'S RESPONSIBILITY A. The facilities and controls specified in this section are considered minimum for the Project. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B. Comply with applicable requirements specified in other sections of the Specifications. 1. Maintain and operate temporary facilities and systems to assure continuous service. 2. Modify and extend systems as Work progress requires. 3. Completely remove temporary materials and equipment when their use is no longer required. 4. Restore existing facilities used for temporary services to specified or to original condition as specified by the Engineer. 1.03 TEMPORARY UTILITIES A. Obtaining Temporary Service. 1. Make arrangements with utility service companies for temporary services. 2. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. 3. Be responsible for utility service costs until the Work is substantially complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. B. Water. 1. Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 2. For water to be drawn from public fire hydrants, obtain special permit or license from the proper officials. Install backflow preventor on fire hydrant supply. 3. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C. Electricity and Lighting. 1. Provide electric power service as required for the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor. 2. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. 3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot-candles for stairs and shops. D. Temporary Heat and Ventilation. 1. Provide temporary heat as necessary for protection or completion of the Work. 2. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. Section 01500 - Temporary Facilities and Controls 01500-1 10106 Page 1 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS E. Telephone. 1. Provide emergency telephone service at the Contractor's field office, or by mobile telephone, for use by Contractor personnel and others performing work or furnishing services at the site. F. Sanitary Facilities. 1. Provide and maintain sanitary facilities for persons on the job site; comply with the regulations of State and local departments of health. 2. Enforce the use of sanitary facilities by construction personnel at the job site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. 3. Locate toilets near the Work site and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 1.04 FIELD OFFICE A. Provision of a field office is not required. If the Contractor chooses to provide one, locate it in a place approved by the Engineer. 1.05 STORAGE OF MATERIALS A. Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. B. Storage of materials not susceptible to weather damage may be on blocks off the ground. C. Store materials in a neat and orderly manner. Place materials and equipment to permit easy access for identification, inspection and inventory. 1.06 SAFETY REQUIREMENTS A. Submit and follow a safety program. Include in the safety program documented response to trench safety requirements as specified in Section 01526 - Trench Safety System. B. Conduct operations in strict accord with applicable Federal, State and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Project. C. Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in 29 CFR Part 1926 and adopted by Secretary of Labor as occupational safety and health standards under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D. Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the job site under this Contract, and after such investigation or Section 01500 - Temporary Facilities and Controls 10106 01500-2 Page2of7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within 10 days of occurrence. E. Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidences of contamination, immediate take appropriate steps to seal off entry of contaminated liquids to the Work area. F. Safety measures, including but not limited to safety personnel, first-aid equipment, ventilating equipment and safety equipment, in the specifications and shown on the Drawings are obligations of the Contractor. G. Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.07 FIRST AID EQUIPMENT A. Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B. Have at least one person thoroughly trained in first aid procedures present on the site whenever Work is in progress. 1.08 FIRE PROTECTION A. Fire Protection Standards. 1. Conform to specified fire protection and prevention requirements as well as those which may be established by Federal, State, or local governmental agencies. 2. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. 3. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. 4. Locate portable fire extinguishers within 50 feet maximum from any point in the Project area. B. Fire Prevention and Safety Measures. 1. Prohibit smoking in hazardous areas. Post suitable warning signs in areas which are continuously or intermittently hazardous. 2. Use metal safety containers for storage and handling of flammable and combustible liquids. 3. Do not store flammable or combustible liquids in or near stairways or exits. 4. Maintain clear exits from all points within a structure. 1.09 SECURITY MEASURES A. Protect all Work materials, equipment, and property from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B. If existing fencing or barriers are breached or removed for purposes of construction. Provide and maintain temporary security fencing equal to existing. Section 01500 - Temporary Facilities and Controls 10106 01500-3 Page 3 of7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.10 PROTECTION OF PUBLIC UTILITIES A. Prevent damage to existing public utilities during construction. These utilities are shown on the Drawings at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.11 PROTECTION OF THE WORK AND PROPERTY A. Preventive Actions. 1. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. 2. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials which are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Project site safe and orderly. e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3. Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, privately-owned land except on easements provided for construction. 4. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B. Barricades and Warning Signals. 1. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01570 - Traffic Control and Regulation. C. Tree and Plant Protection. 1. Protect trees and plants as shown on plans. D. Protection of Existing Structures. 1. Underground Structures: a. Underground structures are defined to include, but not be limited to, sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. b. Known underground structures, including water, sewer, electric, and telephone services are shown on the Drawings in accordance with the best information avail- able, but is not guaranteed to be correct or complete. Section 01500 - Temporary Facilities and Controls 10106 01500-4 Page 4 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS c. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. d. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. e. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in the General Conditions. 2. Surface Structures: a. Surface structures are defined as existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 3. Protection of Underground and Surface Structures: a. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. b. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. c. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of five working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operation reach and uncover the utility. d. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. E. Protection of Installed Products. 1. Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of Work. 2. Control traffic to prevent damage to equipment, materials, and surfaces. 1.12 ROADS AND PARKING A. Prevent interference with traffic and Owner operations on existing roads. B. Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer. Section 01500 - Temporary Facilities and Controls 10106 01500-5 Page 5 of7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS C. Minimize use by construction traffic of existing streets and driveways. D. Do not allow heavy vehicles or construction equipment in existing parking areas. 1.13 ENVIRONMENTAL CONTROLS A. Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B. Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91-190, Executive Order 11514. C. Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Particularly avoid pollution of "on-site" streams, sewers, wells, or other water sources. D. Burning of rubbish, debris or waste materials is not permitted. 1.14 POLLUTION CONTROL A. Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B. Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C. Take special measures to prevent harmful substances from entering public waters. Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to streams, or in sanitary or storm sewers. D. Provide systems for control of atmospheric pollutants. 1. Prevent toxic concentrations of chemicals. 2. Prevent harmful dispersal of pollutants into the atmosphere. E. Use equipment during construction that conforms to current Federal, State, and local laws and regulations. 1.15 PEST AND RODENT CONTROL A. Provide rodent and pest control as necessary to prevent infestation of construction or storage areas. B. Employ methods and use materials which will not adversely affect conditions at the site or on adjoining properties. 1.16 NOISE CONTROL A. Provide vehicles, equipment, and construction activities that reduce noise to the greatest degree practicable. Noise levels shall conform to the latest OSHA standards and City Ordinances and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B. Conduct construction operations during daylight hours except as approved by Engineer. Section 01500 - Temporary Facilities and Controls 10106 01500-6 Page 6 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.17 DUST CONTROL A. Control objectionable dust caused by operation of vehicles and equipment. Apply water or use other methods, subject to approval of the Engineer, which will control the amount of dust generated. 1.18 WATER RUNOFF AND EROSION CONTROL A. Provide methods to control surface water, runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the site, or adjoining properties. B. Control fill, grading and ditching to direct water away from excavations, pits, and other construction areas; and to direct drainage to proper runoff courses so as to prevent any erosion, sedimentation or damage. C. Provide, operate, and maintain equipment and facilities of adequate size to control surface water. D. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or to adjoining areas and in conformance with environmental requirements. E. Retain existing drainage patterns external to the construction site by constructing temporary earth berms, sedimentation basins, retaining areas, and temporary ground cover as needed to control conditions. F. Plan and execute construction and earthwork by methods to control surface drainage from cuts and fills, and from borrow and waste disposal areas, to prevent erosion and sedimentation. 1. Keep to a minimum the area of bare soil exposed at one time. 2. Provide temporary control measures, such as berms, dikes, and drains. G. Construct fills and waste areas by selective placement to eliminate surface silts or clays which will erode. H. Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01500 - Temporary Facilities and Controls 10106 01500-7 Page 7 of7 SECTION 01505 MOBILIZATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Mobilization of construction equipment and facilities onto the site. 1.02 UNIT PRICES A. Measurement for mobilization is on a lump sum basis. B. Mobilization payments will be included in monthly payment estimates upon written application by Contractor subject to the following provisions: 1. Authorization for payment of the contract price for mobilization, up to an amount equal to 5% of the total Contract Price, will be made upon the mobilization of personnel, construction equipment, and facilities onto the site and the receipt and approval by Engineer of the following items, as applicable: a. Schedule of values, if required by Section 01010 b. Trench Safety Program c. Construction Schedule d. Pre-construction Photographs 2. Authorization for payment of the contract price for mobilization in excess of 5% of the total Contract Price, if any, will be made on a proration based on the percentage completed of Work throughout the remainder of the project. C. Mobilization payments will be subject to retainage amounts stipulated in the General Conditions. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01505 - Mobilization 03/03 01505-1 Page 1 of 1 SECTION 01564 WASTE MATERIAL DISPOSAL PART 1 GENERAL 1.01 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.02 UNIT PRICES A. No separate payment will be made for waste material disposal under this Section. Include payment in unit price for related sections. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 - Submittals. B. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C. Submit a copy of written permission from property owner, along with description of property, prior to disposal of excess material adjacent to the Project. Submit a written and signed release from property owner upon completion of disposal work. PART 2 PRO D U C T S - Not Used PART 3 EXECUTION 3.01 SALVAGEABLE MATERIAL A. Excavated material: When indicated on Drawings, load, haul, and deposit excavated material at a location or locations shown on Drawings outside the limits of Project. B. Base, surface, and bedding material: Deliver shell, gravel, bituminous, or other base and surfacing material designated for salvage to the location designated by the Engineer. C. Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D. Other salvageable materials: Conform to requirements of individual Specification Sections. E. Coordinate delivery of salvageable material with Engineer. 3.02 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the job site and legally disposed of. B. Excess soil may be deposited on private property adjacent to the Project when written permission is obtained from property owner. See Paragraph 1.03C above. C. Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the City or County 100-year Flood Hazard Area. D. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION Section 01564 - Waste Material Disposal 10106 01564-1 Page 1 of 1 SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS PART 1 GENERAL 1.01 SECTION INCLUDES A. Options for making product or process selections B. Procedures for proposing equivalent construction products or processes, including preapproved, and approved products or processes 1.02 DEFINITIONS A. Product: Means materials, equipment, or systems incorporated into the Project. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re-use. B. Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.03 SELECTION OPTIONS A. Preapproved Products: Construction products of certain manufacturers or suppliers are designated in the Specifications as preapproved. Products of other manufacturers or suppliers will not be acceptable for this Project and will not be considered under the submittal process for approving alternate products. B. Approved Products: Construction products or processes of certain manufacturers or suppliers designated in the Specifications followed by the words "or approved equal." Approval of alternate products or processes not listed in the Specifications may be obtained by following the submittal procedures specified in Section 01300 - Submittals. The procedure for approval of alternate products is not applicable to preapproved products. C. Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 1.04 CONTRACTOR'S RESPONSIBILITY A. Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B. Pay for laboratory testing, as well as any other review or examination costs, needed to establish the equivalency between products in order to obtain information upon which the Engineer can base a decision. C. If the Engineer determines that an alternate product is not equal to that named in the Specifications, the Contractor shall furnish one of the specified products. 1.05 ENGINEER'S REVIEW A. Alternate products or processes may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B. Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. Section 01630 - Product Options and Substitutions 01/02 01630-1 Page 1 of 2 SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS C. The Owner retains the right to accept any product or process deemed advantageous to the Owner, and similarly, to reject any product or process deemed not beneficial to the Owner. 1.06 SUBSTITUTION PROCEDURE A. Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the approved product specified. B. Submit a written request for a construction product to be considered as an alternate product. C. Submit the product information after the effective date of the Agreement and within the time period allowed for substitution submittals given in the General Conditions. After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D. Submit five copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents 2. For products: a. Product identification, including manufacturer's name and address b. Manufacturer's literature with product description, performance and test data, and reference standards c. Samples, as applicable d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 3. For construction methods: a. Detailed description of proposed method b. Drawings illustrating methods 4. Itemized comparison of proposed substitution with product or method specified 5. Data relating to changes in construction schedule 6. Relation to separate contracts, if any 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E. Approved alternate products will be subject to the same review process as the specified product would have been for shop drawings, product data, and samples. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01630 - Product Options and Substitutions 01/02 01630-2 Page 2 of2 SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SECTION INCLUDES A. Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. 1.02 CLOSEOUT PROCEDURES A. Comply with the General Conditions regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B. Provide Project Record Documents in accordance with Section 01720 - Project Record Documents. C. Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D. The Owner will occupy portions of the Work as specified in other Sections. 1.03 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean debris from drainage systems. C. Clean site; sweep paved areas, rake clean landscaped surfaces. D. Remove waste and surplus materials, rubbish, and temporary construction facilities from the site following the final test of utilities and completion of the work. 1.04 OPERATION AND MAINTENANCE DATA A. Submit operations and maintenance data as noted in Section 01300 - Submittals. 1.05 WARRANTIES A. Provide one original of each warranty from Subcontractors, suppliers, and manufacturers. B. Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C. Submit warranties prior to final Application for Payment. D. Warranties shall commence in accordance with the requirements in the General Conditions. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01700 - Contract Closeout 03/03 01700-1 Page 1 of 1 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Maintenance and Submittal of Record Documents and Samples. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Maintain one record copy of documents at the site. B. Store Record Documents and samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and samples. C. Label each document "PROJECT RECORD" in neat, large, printed letters. D. Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E. Keep Record Documents and Samples available for inspection by Engineer. 1.03 RECORDING A. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B. Contract Drawings and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Elevations of underground utilities referenced to benchmark utilized for project. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original contract drawings. 6. References to related shop drawings and Modifications. C. Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Engineer. 1.04 SUBMITTALS A. At contract closeout, deliver Project Record Documents to Engineer. PART 2 PRO D U C T S - Not Used PART 3 E X E CUT ION - Not Used END OF SECTION Section 01720 - Project Record Documents 03/03 01720-1 Page 1 of 1 SECTION 02485 TREATED TIMBER STRUCTURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Furnishing, treating, inspecting, handling, and installation of treated timber required to complete the project. 1.02 UNIT PRICES A. Treated timber shall not be measured directly but shall be considered subsidiary to the other bid items listed in the proposal form. 1.03 SUBMITTALS A. The Contractor shall submit the following documentation to the Engineer prior to delivery of materials to the site: 1. Name, address and telephone number of the company(s) responsible for treatment of the timber. 2. Certification from the treatment company stating that the timber meets all requirements of the specifications; that the minimum grade is equal to or better than that specified; that the moisture content of the wood is in accordance with that specified; that the minimum retention of preservative is as specified; that any required secondary treatment including water repellent or polymer coating is as specified. The Owner may use an independent laboratory to perform additional testing on the material at any time during or after construction to ensure adherence to the specifications. 3. Technical data and manufacturer's recommendations on field application for the Copper Naphthenate preservative to be used for field treatment of all cut ends and drill holes. PART 2 PRODUCTS 2.01 PRESERVATIVE FOR PRESSURE TREATMENT A. CCA - CCA preservative may only be used in applications requiring saltwater submersion. The preservative used for pressure treatment of pilings and timbers shall be Type C,. Chromated Copper Arsenate (CCA) in accordance with AWPA Standard U1. The preservative shall be formulated using only the oxide forms of the chemicals. All wood products shall be pressure treated to conform to the requirements of AWPA Standard C1. B. ACQ - The preservative used for pressure treatment of pilings and timbers shall be Type C2, Alkaline Copper Quaternary (ACQ) in accordance with AWPA Standard U1. All wood products shall be pressure treated to conform to the requirements of AWPA Standard T1. 2.02 TREATED TIMBER PILES A. Treated timber piles shall be southern pine, conforming to ASTM D25 and shall be pressure impregnated in accordance with AWPA C3 and AWPA C18. The preservative type and minimum retention of preservative shall not be less than that specified in the plans. Timber piles shall have the following minimum dimensions: ASTM D25 - CLASS B PILING Minimum Butt Diameter (3' from end) 12" for pilings up to 45' long 13" for pilings 50' and longer Minimum Tip Diameter 8" for pilings up to 35' long 7" for pilings between 40' and 70' long Section 02485 - Treated Timber Structures 04/06 02485-1 Page 1 of3 SECTION 02485 TREATED TIMBER STRUCTURES 6" for pilings 75' and longer 2.03 TREATED TIMBER The minimum piling length shall not be less than that specified in the plans. A. Treated timber shall be southern pine and shall be graded in accordance with the Southern Pine Inspection Bureau (SPIB) Standard Grading Rules. The lumber grade shall not be less than that specified on the plans. Treated timber shall be pressure impregnated in accordance with AWPA C2. The preservative type and minimum retention of preservative shall not be less than that specified on the plans. Surfacing of the lumber shall be surface as specified on the plans. Rough sawn shall indicate that the lumber has not been dressed but has been sawed, edged and trimmed at least to the extent of showing saw marks on the four longitudinal surfaces of each piece the entire length. Dressed lumber shall be surfaced, planed or dressed by a planing machine on one side (S1S), two sides (S2S), one edge (S1E), two edges (S2E) or a combination of sides and edges (S1S1E, S1S2E, S2S1E or S4S). 2.04 WATER REPELLENT A. When called for by the plans or specifications, wood shall be pressure treated with a preservative-compatible water repellent so that treated wafers swell not more than 1 % after five minutes of submersion when tested in accordance with AWPA's standard test method, E13-92. 2.05 FINAL MOISTURE CONTENT A. When the plans indicate that the timber shall be kiln dried after treatment (KDA T or KD19), it shall be dried to a moisture content of not more than 19%. 2.06 FIXATION OF CHEMICAL A. Treated material shall not be shipped from the treatment plant until fixation of the preservative has occurred in the wood. 2.07 POLYMER COATING A. When the plans indicate that the timber shall be polymer coated, the wood shall first be pressure treated and kiln dried as described above. The polymer coating shall be a high performance plural component polymer elastomer specifically formulated for the application on treated lumber. The coating system shall be based on amine-terminated polyether resins, amine chain, extenders and isocyanates. An acceptable coating is 21 POL Ytm, as supplied by Northstar Vinyl Products, LLC. The physical properties of the polymer coating after 48 hours shall be: Color Nominal Thickness Elongation @ 25 deg C Tensile Strength Tear Resistance Pull Off w/1 06 Elcometer (Adhesion) Hardness-Shore D Hardness-Shore A Abrasion Resistance Dark Green 35-50 mil 50% 1500 psi 300 Ibs/in ASTM D638 ASTM D638 ASTM D624 300 psi 40 80 150 mg/1000 rev, H-18 wheel ASTM D4541 ASTM D2240 ASTM D2240 ASTM D4060 Section 02485 - Treated Timber Structures 04/06 02485-2 Page 2 of3 SECTION 02485 TREATED TIMBER STRUCTURES Adequate Polymer Field Patch Kits shall be supplied by polymer manufacturer for making repairs to cut end~ and drill holes in the field. 2.08 HARDWARE AND FASTENERS A. Hardware and fasteners shall be of the size and type specified on the plans. Lag screws, bolts and nails shall conform to ASTM A307. When the plans call for fasteners to be Hot Dip Galvanized (HDG), they shall be coated with a minimum of 2.0 oz.lsq.ft. of zinc coating in accordance with ASTM A 153. When the plans call for fasteners to be Stainless Steel (SS), they shall be 316 Stainless. PART 3 EXECUTION 3.01 HANDLING A. Treated timber shall be handled in accordance with AWPA M4 Standard for the Care of Preservative Treated Wood Products. Wood shall be stored and handled in a manner which does not injure the timber. When timbers must be cut to length, notched or drilled, the cut ends shall be treated with two applications of a 2% Copper Naphthenate solution. When called for on the plans, cut-off pilings shall be sealed with a coal-tar roofing cement meeting ASTM D4022. END OF SECTION Section 02485 - Treated Timber Structures 04/06 02485-3 Page 3 of 3 t~~r;;}]I!1 1,1I1 '1;[<'_, '0:: ..ft.} F3~ gj....,g,e5 "'__; ,",.~... ~a" 0. <",U ""l,,~-'-- Uii ~ [)[)[JraITJ """"""'I"'~"""'"J.'." 091',#J3l;J. ~ ww-9l~h"")'~~ 'OdlL'"".~'''''PIA 9'<Si.O-;llg(Lwll'J. <>>~'Ntool " ! "I e- , e-Z S ~ , ~ u ! J 0 0 u ! 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"''''.." -coo M~~; iH~ e 8 ;; .~ " ~ z S ~ ~ , > 8 w , ~ w ~ J .. ,_., " Ii 0 0 " " , '" , ON 0_ , ~ , ~;; ~ ;;~ ~.~ h} roo f'Q ~E 0, i= ~i ;. .i f! , 'g , g ~ ~! ~ , , 00 , "" 00 00 H ., , " e o O')@ @ WO>-'l"'W"~'""'''''~ OOI'~ IJ3>11 ~ ~ , "",",-9l9h!lEl"'~ 10011''''''] '"IIO~VI '1 &~~1~1:~~\ " 9\:W"~lS(19~l"1 o;WO'"'""""NIOW ~" , 6 ~~ ~ , , ~ 8;:: !i~ h ~~ 0 ~ '1 ,'1<";" "~ ~. ~o " , w f<;~fA~Csfr ;~t ~~ ~ 8 " u ! J a a u , " u a I ~~" >- 5s , 0 ~h 02 , , ij DODBDD INI "V a u In , "i:\ , , , ~ .. f;jP5~ " ~o , t W~ 2 00 , , ~~.,!~ ~ lJ j?::;~ 5i ~~ ~ ~~i!Y ~5 ~ 8~! ~g ~~ ~ ~11: ",:;1 . ! ~ I'i:l~ ~i: '1 h ~ Ji\~"'- 1;g ~ tl~ ~ ~~~ ~~H! ~~ ~ ~ciH~ ~ 8~ llf~~~~~;~ ;; ~jl1il ~., lil ;;~ H~H! n~ 2 ;;;;.1 c~ e l?~ u~ ~q::l~ ~M~H~ ~~i~~B~~~ ~~~~~~~g~. ! ~~~ i~ ~ ~~~ I> !!:l~ ~~ 1; ~oo ~M~~~~~~~ d d~~ ~~ "l d~~ .'" '" .,.i , .d ii~ ~~~ m ~s~ m 1>1 o ~~1 ~~ ~ !~~;~~ ~ ~~~~~~ ~~m~~~ '.. j.! ~.:i.I' , I ; ,I cI j;~ " ~~o ~~~ ~ " ~ w c w ~ o ~ ~ '" '" ~ .. w ~L Ii'!!'! ~~~Ms m~m. .."~~~o~ ~~~~I~~~ ~~n.~.~ r-0- C5 ~ un ~~~~ ~~h 19~ ~EE ~'e ~!~ ~~~ ~ n~v ~ ~' u" "- ! ~ ~ ! I ! o 2 "' ~ ~ td; ~~ "~ ,..t- C5 (~. ~g ~f ~~ ~~ ~~ ~~ !i ~g ~~ un n~i ~~~~ <'If & 0:, g~i~ ~m .~5~ ggn ~~~~ ~~~f ~'lt~ ! hil ~"~h! " " "' a: '" ~ c W 2 ::; W 2 C , 1:1 ~~~ ~u. ~i~~ ~~;~ & ~- ~~- " ('<<< ~~ ~ ~~ ~g ~~ ~g o~ F ~~ g~ ~3 ~~ U ~~ ~~ ~8 ~g n '" ,I -w " "' a: '" ~ c a: w M (/) ~~~ a: ~~ !~~ s~j a: i~ ~~< ~~~ '; w ~ L~'~';,j, ~~~. ___-+-_1~ ,,"11 "'1.1.1." ) ~!""" --7,' 9E~~8 , ,1"1i o tO~~z~ ~ u ~ ~~~~b ~ cil~ .~e~~~ ~ h~ ~~~ ~< o~a Ug 0;1 BID SUBMITTED BY: BID SUBMITTAL: 10:00 A.M., THURSDAY, MAY 16, 2013 BID PACKAGE FOR SEADRIFT BAYFRONT PIER CALHOUN COUNTY, TEXAS NO. 5107-486-01 Bid Submittal Checklist (The following items must be submitted) o General Conditions of Submitting Sealed Bids to Calhoun County, Texas o Bid Form o Schedule of Proposed Subcontractors o Bid Security o Statement of Bidder's Qualifications o Assurances - Construction Programs - SF-424D o Conflict of Interest Questionnaire - Form CIQ o Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions and Lobbying - Form CD-512 SUBMIT ORIGINAL AND TWO (2) COPIES OF THE BID PACKAGE PREPARED BY: URBAN ENGINEERING TREF# F-160 CONSULTING ENGINEERS 2004 N. COMMERCE VICTORIA, TEXAS 77901-5510 U.E. JOB NO. E18087.01 These General Conditions are reqnil'ed by Calhoun County. In the event of a conflict between these conditions and similar provisions contained elsewhere in the Bidding . Documents, these conditions shall govern. GENERAL CONDITIONS OF SUBMITTING SEALED BIDS TO CALHOUN COUNTY, TEXAS FAIL URE TO COMPLY WITH THESE GENERAL CONDITIONS MAY RESULT IN THE BID BEING DISQUALIFIED. 1. BID: ~ SUBMIT ORIGINAL and TWO (2) Copies oiyour Bid A. DUE - TIME AND DATE: Sealed bids must be in the office of the County Judge, by 10:00 AM, THURSDAY, MAY 16, 2013. The clock in the County Judge's office is the official dock that will be used in determining the time that a bid is received and the time that bids will be opened. A late delivery with an early postmark will not suffice. Be sure you have allowed ample time for postal delivery. The County will not be responsible for the delivery of your bid to the office of the County Judge. If you choose to send your bid by postal delivelY, then it is recommended that you call the COlUIty Judge's office at 361-553-4600 to verifY receipt of your bid prior to the opening date. Calhoun County accepts no financial responsibility for any cost incurred by allY vendor in the course of responding to these specifications. Calhoun County does not accept faxed or emailed bids. All BIDS ARE DUE on or before 10:00 AM, THURSDAY, MAY 16, 2013 at the following address: Honorable Michael J Pfeifer, County Judge Calhoun County Courthouse 211 S Ann St Third Floor, Ste 301 Port Lavaca TX 77979 ~ Mark outside of envelope: SEALED BID - SEADRIFT BA YFRONT PIER, CALHOUN COUNTY, TEXAS, NO. 5107-486-01 If you send your bid by UPS, FEDEX, etc, the outside of this envelope or box must be marked Sealed Bid - Seadrift Bayfront Pier, Calhoun County, Texas, No. 5107-486-01. 00115 -1 B. WITHDRAWAL OF BID: A vendor may withdraw his/her bid before County acceptance of his/her bid without prejudice to himself/herself, by submitting a written request for its withdrawal to the County Judge. C. BID OPENING & A WARD: Vendors are invited to be present at the opening (acknowledgement) of bids on Thursday, May 16, 2013, 10:00 AM, Calhoun County Courthouse, County Judge's Office, 3rd Floor, Room 301, Port Lavaca, TX. The bids will be considered for awaTd on Thursday, May 23,2013, during Commissioners' Court. 2. A. Bid package may be obtained from Urban Engineering, 2004 N. Commerce, Victoria, Texas 77901, (361) 578-9836. B. The Bid must be signed and dated by an officer (or employee) who is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Vendor, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to Calhoun County or any other person engaged in this type of business prior to the official opening of this bid. C. All instructions and specifications in the Request for Bid must be followed and met. 3. EXCEPTIONS If exceptions are being taken to any paTt of specifications, have them listed in the Bid or on your letterhead and manually sign and date. 4. TAXES Calhoun COilllty is exempt fi'om Sales and Use Tax and Federal Excise Tax. The bid must not include these taxes. 5. AWARD Commissioners' COilli reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bid will be most advantageous to Calhoun COilllty. The County of Calhoun, Texas is 8n Equal Employment OppOliunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. 6. DELIVERIES: Upon any breach of contract, the County reserves the right to proceed against the successful vendor and/or the surety on his bond for any and all damages occasioned by the breach. 00115 - 2 7. REJECTIONS: All disputes concerning tlus bid will be determined by Commissioners' Court or their designated representative. 8. CONDITIONS PART OF BIDS: The General Conditions of Submitting Bids defined herein shall be a pmt of the attached bid. 9. OSHA REQUIREMENTS The vendor or contractor hereby guarmltees to the County of Calhoun, Texas that all materials, supplies, equipment, mId any work done as listed on the bid, contract or purchase orders meets or exceeds the requirements, specifications, and standm'ds as provided for under the Federal Occupational Safety mId Health Act of 1970, as mnended and in force at the date hereof. 10. PROTEST PROCEDURES: Any actual or prospective vendor who believes they m'e aggrieved in cOilllection with or peltauung to a bid may file a protest. The protest must be delivered in writing to the Auditor's Office, in person or by celtified mail return receipt requested prior to award. The written protest must ulclude: 1. Nmne, mailing address and business phone number of the protesting pmty; 2. Appropriate identification of the bid being protested; 3. A precise statement of the reasons for the protest; and 4. Any documentation or other evidence suppOliulg the protest mId mlY alleged claims. The Auditor's Office will attempt to resolve the protest, includulg at the Auditor's option, meeting with the protesting pmty. Ifthe protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each pOUlt addressed in the protest, will be forwarded to Commissioners' Comt. If the Auditor's Office is not successful in resolving the protest, the protesting pmty may request in writulg that the protest be considered by Commissioners' Comt. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Comi, who will promptly review such documentation and u1fonnation. If additional information is desired, Commissioners' Comi may notify the necessary pmty or pmiies to the protest to provide such u1formation. The decision of Commissioner's Court will be final. II. PUBLIC INFORMATION ACT: A. All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the u1formation. Governmental bodies shall promptly release requested information that is not confidential by law, either 00115 - 3 constitutiona1. statutory, or by judicial decision, or information for which an exception to disclosure has not been songht. B. To request information from Calhoun County, please contact: Calhoun County Auditor's Office Comihouse Annex Building Attn: Cindy Mueller, County Auditor 202 S Ann St, Ste B Port Lavaca, TX 77979 Phone: 361-553-4610 Pax: 361-553-4614 cindv.mueller@caIhouucotx.org 00115-4 BID FORM PROJECT IDENTIFICATION: Seadrift Bayfront Pier Calhoun County, Texas CONTRACT IDENTIFICATION AND NUMBER: No. 5107-486-01 THIS BID IS SUBMITTED TO: Calhoun County Honorable Michael J. Pfeifer, County Judge Calhoun County Courthouse 211S.AnnSt. Third Floor, Ste. 301 Port Lavaca, Texas 77979 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts ail of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitiing this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become famlliE1f w.ith and is sE1tisfied as to the general, local and Site conditions that may affect cost, progress, and performimce of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully stu<;!ied (or assumes responsibility for having done so) all additional or supplementary examinations, investiga.tiops, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect E18087.D1 -Bid Fonn 03113 00410 -1 cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance-with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, a~sociation, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the prices(s) on the following page(s): E1BDB7.01 - Bid Form 03/13 00410-2 ITEM ESTIMATED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID Mobilization, Insurance and Bonds 1. (Maximum 5% of Base Bid) 1 LS $ $ 2. Relocate Existing Timber Steps 1 LS $ $ 3. Timber Pier 1 LS $ $ 4. Timber Railing (42") 530 LF $ $ 5. ADA Timber Railing (34") 255 LF $ $ 6. Pier Ligllting and Electrical 1 LS $ $ 7. Limestone Base (Type A, Grade 2) (4") 750 SF $ $ 8. Concrete Pavement (6") 750 SF $ $ 9. Parking Stop 4 EA $ $ Concrete Sidewalk (Attached to 10. Pavement) (4") 180 SF $ $ 11. Concrete Sidewalk (4") 1,670 SF $ $ 12. Concrete ADA Ramp 420 SF $ $ 13. Concrete Curb on ADA Ramp 144 LF $ $ 14. Aluminum ADA Handrail on ADA Ramp 144 LF $ $ 15. Acc.essible Parking Sign 1 EA $ $ Project Sign (Refer to Section 00810 of 16. the Bidding/Contract Documents) 1 EA $ $ TOTAL BASE BID $ E1BOB7.01 ~Bid Form 03/13 00410-3 ITEM ESTIMATED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE ALTERNATE 1 Precast Concrete Trash Receptacle 17. (Includes Concrete Pad) 2 EA $ $ Concrete Bench (TAS Compatible, With 18. Concrete Pad) 4 EA $ $ TOTAL ALTERNATE 1 $ ALTERNATE 2 19. Upgrade Pier Lights to LED 1 LS $ $ 20. Upgrade Fishing Lights to LED 1 LS $ $ TOTAL AL TERNA TE 2 $ TOTAL BID (BASE BID + ALTERNATE 1 + ALTERNATE 2) $ E18087.01 - Bid Form 03/13 00410-4 Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actuai quantities provided, determined as provided in the Contract Documents. 6.01 Bidder agrees that the Work will be substantially complete within calendar days (TO BE FILLED IN BY BIDDER) after the date when the Contract Times comlnence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 14 calendar days after the date of substantial completion. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The foilowing document(s) are attached to and made a condition of this Bid: A. Required Bid Security in the form of Security: Bond, Cashier's Check, Certified Check); (specify type of Bid B. Schedule of Proposed Subcontractors to be identified in this Bid; C. Statement of Bidder's Qualifications with supporting data; D. Assurances - Construction Programs - SF-424D; E. Conflict of Interest Questionnaire - Form CIQ; F. Certifications Regarding Debarment, Suspension, Ineligibility and Voiuntary Exciusion - Lower Tier Covered Transactions and Lobbying - Form CD-512; G. Generai Conditions of Submitting Seaied Bids to Calhoun County, Texas. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on State Contractor License No. (If applicable) If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: E18087.01 - Bid Form 03/13 00410 - 5 A Partnership Partnership Name: (SEAL) By: (Signature of general parfner -- affach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- affach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: Phone No.: FAX No.: Date of Qualification to do business is A Joint Venture Joint Venturer Name: (SEAL) By: (Signature of joint venture parfner -- affach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: E180B7.01- Bid Form 03/13 00410 - 6 Joint Venturer Name: (SEAL) By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in tile manner indicated above.) E1B087.01 - BId Form 03/13 00410 -7 SCHEDULE OF PROPOSED SUBCONTRACTORS Bidder proposes the following subcontractors to be used for major portions of the project. All major subcontractors must be listed and submitted with the Bid. Bidder may change subcontractors after Bid submittal only as approved by the Engineer. Major subcontractors are those who will do work having a total value of more than five percent (5%) of the Contract amount. The maximum total value of work performed by all subcontractors on the project shall not exceed fifty percent (50%) of the Contract amount. Subcontractor Address & Telephone Number Speciality Subcontract Amount 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. E18087.01 - Schedule of Proposed Subl::onlraclors 03/13 00430 - 1 PENAL SUM FORM BID BOND ~.1 BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later than Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signatureand Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title Note: (1) (2) Above addresses are to be used for giving required notice. Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. EJcbCNO. 1910-28-C (1996 Edition) E18087.01- Bid Bond 03/13 00430 - 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWN ER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2.AII Bids are rejected by OWNER, or 3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to isqU(J Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. PENAL SUM FORM 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by UniterJ States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicabie statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. EJCDC NO. 1910-28-C (1996 Edition) E18087.01-BidBond 03113 00430 - 3 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: Address: Date Organized: Date Incorporated: Number of years in contracting business under present name: CONTRACTS ON HAND: Contract Dollar Amount Completion Date Type of work performed by your company: Have you ever failed to cornplete any work awarded to you? Have you ever defaulted on a contract? List the projects most recently completed by your firm (include projects of similar importance): Project Dollar Amount MolYr Completed E18087.01 ~ Statement of Bidder's Qualifications 03/13 00450 - 1 Major equipment available for this contract: Executed this day of By: (Signature) (Title) (Print Name) State of County of Sworn to and subscribed before me this day of Notary Signature Printed Name In and for the State of Commission Expires E180B7.01- Slalementof Bidder's Qualifications 03/13 00450 - 2 ASSURANCES - CONSTRUCTION PROGRAMS OMB Approval No. 0348-0042 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY, NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the appiicant: 1. Has the legal authority to appiy for Federal assistance, 8. Wiil compiy with the intergovernmental Personnel Act and the institutional, managerial and financial capabiiity of 1970 (42 U.S.C. S(14728-4763) reiating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 2. Will give the awarding agency, the Comptroiler General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Wiil not dispose of, modify the use of, or change the terms of the reai property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the titie of reai property aquired in whoie or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will compiy with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5.. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Wiil initiate and complete the work within the appiicabie time frame after receipt of approval of the awarding agency. 7. Wiil estabiish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 9. WiiI cornpiy with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SS4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with ali Federal statutes retating to non- discrimination. These include but are not iimited to: (a) Titie Vi of the Civii Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, coior or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. SS1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabiiitation Act of 1973, as amended (29 U.S.C. s794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. SS6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or aicohoiism; (g) SS523 and 527 of the Pubiic Health Service Act of 1912 (42 U.S.C. ss290 dd-3 and 290 ee 3), as amended, reiating to confidentiaiity of aicohoi and drug abuse patient records; (h) Title Viii of the Civil Rights Act of 1968 (42 U.S.C. SS3601 et seq.), as amended, relating to nondiscrimination in the sa Is, rental or finimcing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) 1he requirements of any other nondiscrimination statute(s) which may apply to the application. 00450 - 3 Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMS Circular A-102 Previous Edition Usable 11. National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastai Zone Management Act of 1972 (16 U.S.C. 991451 et seq.); (f) conformity of Federai actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 997401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will compiy with the provisions of the Hatch Act (5 U.S.C. 991501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. 99276a to 276a-7), the Copeiand Act (40 U.S.C. 9276c and 18 U.S.C. 9674), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 99327- 333) regarding labor standards for federally-assisted construction subagreements. 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 991271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 9470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 99469a-1 etseq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following; (a) Institution of environmental quality control measures under the 18. Wili cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations. " 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYiNG OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED SFM424D (Rev. 7-97) Back 00450 - 4 CONFLICT OF INTEREST QUESTIONNAIRE FORM cia For vendor or other person doing business with local governmental .entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USEONL Y This questionnaire is being filed in accordance with Chapter 176, Local Government Code Dale Received by a person who has a business relationship as defined by Section 176.001 (i-a) with a local governmental entity and the person meets requirements under Section 176. 006(a). By law this questionnaire must be filed with the records administrator ofthe local governmental entity not later than the 7th business day after the date the person becomes aware offacts that require tile statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. l.:!J Name of person who has a business relationship with local gove-rnmental entity. ~. Checlc this box if you are filing an update to a previously filed questionnaire. 0 (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) ~ Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, S, C & D) must be compieted for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Govemment Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? DYes DNa B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? DYes DNa C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? DYes DNa D. Describe each employment or business relationship with the local government officer named in this section. ~ Signature of person doing business with the governmental entity Date Adopted 06/29/2007 00450 - 5 FORM CD-512 (7-91) IF U,S. DEPARTMENT OF COMMERCE CERTIFICATIONS REGARDING DEBA~.ryJENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOW~R TIER COVERED TRANSACTIONS AND LOBBYING Applicants SllOUJd refer to the regulations cited below to determine the certification to which thay are required to attest Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement)" and 15 CFR Part 28, "New Restrictions on Lobbying." 1. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS As required by executive Order 12549', Debarment and Suspension, and implemented at 15 CFR Part 26, Section 26.510, Participants responsibilities, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subtler recipient will have a critical influence on or substantive control over the award), as defined at 15 CF Part 26, Sections 26.105 and 26.110- (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transactfon by any Federal department or agency. (2) Where the prospective lower tier participant is unable to celiify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the appUcant certifies that to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in conncection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal ioan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that an subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to fife the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form- lLL, "Disclosure Form to Report lobbying," in accordance with its Instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification(s). NAME OF APPLICANT AWARD NUMBER ANDIOR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE 00450 - 6 DATE Vern Lyssy a/houri ('OIlIliV ('ollurlissioller, Precillcl 112 5812 PM 1090 Port Lavaca. TX 77979 (361 552-9656 Pax (361 553-6664 April 4, 2013 The Honorable Mike Pfeifer Calhoun County Judge 211 S. Ann Street Port Lavaca. Texas 77979 Re: Agenda Item Illr Next Commissioners' Court Meeting Dear Judge, Please place the following matters on the agenda for the next meeting: "Consider and take necessary action to enter into an agreement with Texas Department of Transportation regarding Tx[)OT CS.I No: 1313PTI,!\ V for a grant to improve the airport runway lighting system; and authorjze the county attorney, the county auditor and Commissioner Vern Lyssy to sign." Two Airport Project Participation Agreements are enclosed tll!' exeeution. Thank you in advance J(lr your att('nt;on to this matter. Sincerely, Vern Lyssy VLlrm Encl: as stated AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION REGARDING TXDOT CSJ NO: 1313PTLAV FOR A GRANT TO IMPROVE THE AIRPORT RUNWAY LIGHTING SYSTEM, AND AUTHORIZE ALL APPROPRIATE SIGNATURES: Commissioner Lyssy: This is a grant for the light project that was approved last year in February. It is the dollar amount and the approval to go head. It is for $481,050. The project is described as construction services [at the Calhoun County Airport] to: . install precision approach path indicators-2 Runway 14-12 . replace medium intensity runway lights, lighted wind cone and segmented circle install lighted runway exit install new equipment vault and regulators for runway lights and taxiway lights A Motion to approve the agreement with Texas Department of Transportation regarding TXDOT C5J No: 13l3PTLAV for a grant to improve the airport runway lighting system and authorize all appropriate signatures was made by Commissioner Lyssy and seconded by Commissioner Finster. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. * I Texas Department of Transportation AVIATION DIVISION 125 E. 11TH STREET' AUSTIN, TEXAS 78701-2483' 512/416-4500' FAX 512/416-4510 March 19,2013 The Honorable Vem Lyssy County Commissioner, Calhoun County 5812FM 1090 Port Lavaca, Texas 77979 TxDOT Project No.: TxDOT CSJ No.: AP PORT LA V ACA 4 1313PTLAV Dear Commissioner Lyssy: Enclosed are several documents that must be completed by the Calhoun County in order to initiate the construction phase of the airport development project for the Calhoun County Airport. Please review the instructions in this transmittal letter for completing the documents and return the accepted documents not later than March 28, 2013. We are most pleased to provide any assistance possible to help complete this project in a timely manner. Enclosed are two copies ofthe Airport Project Participation Agreement (APPA) between the Calhoun County, as airport sponsor, and TxDOT, Aviation Division, as your agent for this project. We request that you proceed as expeditiously as possible to execute the Agreement and complete the attached certifications. tt will be necessary for your attorney to endorse your acceptance of the Agreement to assure that it has been accepted in accordance with local laws. Both copies of the Agreement and Certifications should have original signatures for acceptance. A notice to proceed for the construction phase wiII not be issued until this agreement is fully executed. Please return both copies of the fully signed and witnessed documents to: Texas Department of Transportation, Aviation Division, 125 E.I llh Street, Anstin, Texas 78701-2483. If you have questions concerning the enclosed documents, please contact Becky Viele at 1-800-687-4568. The Texas Department of Transportation looks forward to working with you on this important project for your community. Respectfully, ~ {)J~ David S. Fulton Director cc: Paul Frerich, P.E., Yoakum District Engineer THE TEXAS PLAN REDUCE CONGESTION' ENHANCE SAFETY' EXPAND ECONOMIC OPPORTUNITY' IMPROVE AIR QUALITY PRESERVE THE VALUE OF TRANSPORTATION ASSETS An Equal Opportunity Employer TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT P ARTICIP A TION AGREEMENT (Federally Assisted Airport Development Grant) TxDOTCSJNo.: 1313PTLAV TxDOT Project No.: AP PORT LA V ACA 4 TxDOT Contract No. : 3XXA V041 Commission Approval: December 13, 2012 NPE Funds Applied: FYI2 DUNS: 087309324 C.F.D.A.:20.l06 Part I - Identification of the Project TO: Calhoun County, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and Calhoun County, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Actof 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.CA. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp). The project is described as construction services to: install preCISIOn approach path indicators-2 Runway 14-12; replace medium intensity runway lights, lighted wind cone and segmented circle; and install lighted runway exit; install new equipment vault and regulators for runway lights and taxiway lights at the Calhoun County Airport. The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances 10f35 contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Part II - Offer of Financial Assistance I. The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. SS 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that construction project costs will be approximately $534,500.00 (Amount A). It is further estimated that approximately $534,500.00 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. 3. The maximum obligation of the United States payable under this offer shall be $481,050.00 (Amount C). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the total project costs will be $53,450.00 (Amount D). At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount C). It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage 0 f financial participation as stated in Paragraph 11-2. The State shall refund to the Sponsor, at 2 of35 the financial closure of the project; any excess funds provided by the Sponsor. 5. Ifthere is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory limitations, and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the maximum obligation of the. United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. The State may decrease the agreement after completion of the describer scope. The Sponsor will be notified by letter of the decreased amount. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of.the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. Payment of the United States share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. 7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verifY the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount D) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. 3 of35 PART III - Sponsor Responsibilities 1. In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this agreement; and b. it will comply with the Attachment B, Certification of Project Funds, attached and made a part ofthis Agreement; and c. it will comply with the Attachment C, Airport Assurances (4/20 l2)(State Modified 4/2012), attached and made a part ofthis Agreement; and d. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and e. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this proj ect shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and f. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and h. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and i. it will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport; and. 40f35 j. it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, JUles, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and k. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and I. all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites). m. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and n. for federally funded projects any revenue from airport property mineral rights be identified as airport revenue; deposited to the airport fund and used for airport operations; and o. the Sponsor shall operate runway lighting at least at low intensity from sunset to sumise; and p. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. 99241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be 5 of35 impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and q. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and r. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and s. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and t. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, ormisused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions ofthe Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State. 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, orhave acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above proj ect, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project. 3. The Sponsor, to the extent of its legal authority to do so, shall save hannless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, 60f35 to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.c. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirernents including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. 7. The Sponsor shall have on file with the State, Attachment D, Certification Regarding Drug-Free Workplace Requirements, attached and made a part of this agreement. 8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 9. Except for instrument landing systems acquired with AlP funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AlP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument landing systems. 70f35 10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful I ife of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment E "Pavement Maintenance Management Program", attached and made a part of this agreement. 11. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding , 60,000 pounds gross take-off weight. The sponsor agrees not to request additional AlP funds for reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years from pavement acceptance. Part IV- Nomination of the Agent 1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. 3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation made pursuant thereto, and the Sponsor; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and 80f35 materials supplied in accordance with State executed contracts; Contracting Agent: e. advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certifY consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate and review project plans, specifications and construction; coordinate and conduct progress and final inspections. Construction Phase: i. authorize the advertisement, receipt and opening of bids for construction of the above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; J. participate in pre-bid and pre-construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; k. review, approve and maintain record drawings. PART V - Recitals I. The State and Sponsor shall obtain an audit as required by federal or state regulations. 2. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, 9of35 is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies oflaw. 4. The United States and the State of Texas shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incidental to, compliance with this grant agreement. 5. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. 6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; c. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. 7. This Agreement is subject to the applicable provisions of Title 49 U.S.c., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 99241.001 et seq. (Vemon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with 10 of 35 any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably denied or delayed. 9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including SS5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. ' 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided. 12. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance ofthe authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. t 1 of35 Part VI - Acceptance of the Sponsor Calhoun County, Texas, does ratifY and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this 11 day of April ,20~. Administrative Assistant Calhoun County, Texas Sponsor ~l-~~I) ~L- Sponsor Sign ture (fu!~ ~.J LP Spon or Titl;;- (/ /)7 ,'~A.J.-,(~- /CLI2i.~) Witness Signature, Witness Title Certificate of Sponsor's Attorney I, S~(Au'K&14 (a.~-<:r- , acting as attorney for I i,A--~(/ , Texas, do certifY that I have fii ly exammed the Agreement and the proceedmgs taken by the Sponsor relating, and find that the maimer of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. to( Ly-~ ~--_... ~ Witness Signature -j ~ Attorney Signature ~.J~r Witness Title Dated at ';0 t'r Lw /(. tV.. . , Texas, this tf'ft... day of , 20 J3... ----- ^ 120f35 Part VII - Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION ,-- C2 ~ By: -~~ (/1- / Date: David S. FlIltllll, fjireclor Aviatilll1 Division ;r:s ril~TJ;lllraIlSP()rlati()ii 130f35 ATTACHMENT A CERTIFICATION OF AIRPORT FUND The Sponsor does certifY that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. Calhoun County. Texas (Sponsor) /), 0\ By: i~ ,wl.J.,N Title: ~tJ.-'il.1j %~r Date: 3 -J6- \.::, 140f35 ATTACHMENTB CERTIFICATION OF PROJECT FUNDS TxDOT Contract No.: 3XXA V041 TxDOTCSJNo.: 13l3PTLAV The Sponsor does certifY that sufficient funds to meet the Sponsor's share of project costs as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below: SPONSOR FUNDS Source State Treasury Amount $53,450 Date Available Immediately The Sponsor, has caused this to be duly executed in its name, this , 204. '. f/ , '! f /' day of Calhoun Countv. Texas (Sponsor) By:_!\A,\ dJ- ~ 1ft- Title: (~~!f 15 of 3 5 ATTACHMENTC A. General. B. C. grant that: Part V ASSURANCES Airport Sponsors April 2012 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions ofTitle49, U.S.C., subtitte VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the tenn "private sponsor" means a private owner ofa public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. 3. Upon acceptance ofthis grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertal<en by a Public Agency Sponsor. The terms, conditions and assurances ofthis grant agreement shall remain in full force and effect throughout the useful life ofthe facilities developed or equipment acquired for an airport development or noise compatibility program project, orthroughout the useful life of the project items installed within a fucility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration ofthe assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 1. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. Airport Planning Undertal<en by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1,2,3,5,6, 13, t8, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this 3. t60f35 1 General Federal Reqnirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, V.S.C., subtitle VII, as amended. b. Davis-Bacon Act - 40 V.S.C. 276(a), et seq.' c. Federal Fair Labor Standards Act - 29 V.S.C. 201, et seq. d. Hatch Act - 5 V.S.C. 1501, et sea.2 e. Vniform Retocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 V.S.C. 4601, etseq.12 f. National Historic Preservation Act ofl966- Section 106-16 U.S.C.470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 V.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act- 25 V.S.C. Section 3001, et ~ 1. Clean Air Act, P.L. 90-148, as amended, j. Coastal Zone Management Act, P.L. 93-205, as amended. k. FtoodDisaster Protection Act of1973 - Section 102(a) - 42 U.S.C. 4012a.1 L Title 49, V.S.C., Section 303, (formerly known as Section 4(f)) ffi. Rehabilitation Act of 1973 - 29 V.S.C. 794. ll. Civil Rights Act of 1964 - Title Vl- 42 V.S.C. 2000d through d-4. O. Age Discrimination Act of t975 - 42 V.S.C. 6101, et sea. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 V.S.C. 4151, et seq.' r. Power plant and Industrial Fuel Vse Act ofl978 - Section 403- 2 V.S.c. 8373. ' S. Contract Work Hours and Safety Standards Act - 40 V.S.C. 327, et seq.' 1. Copeland Anti kickback Act - 18 V.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 V.S.c. 4321, et sea.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 V.S.C. 7501, et seq.2 x. Drug-Free Workplace Act of 1988 - 4t V.S.C. 702 through 706. Execntive Orders Executive Order 11246 - Equal Employment Opportunity 1 Executive Order 11990 - Protection of Wetlands Executive Order I t998 - Ftood Plain Management Executive Order 12372 -Intergovernmental Review of Federal Programs Executive Order 12699- Seismic Safuty ofFedernl and Federnlly Assisted New Building Construction I Executive Order 12898 - Environmentat Justice 170f35 Federal Regulations a. t4 CFR Part t3 - Investigative and Enforcement Procedures. b. t 4 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part t50 - Airport noise compatibility planning. d. 29 CFR Part t - Procedures for predetermination of wage rates. ' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-constlUction contracts subject to the Contract Work Hours and Safety Standards Act).] g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).] h. 49 CPR Part 18 - Unifurm administrative requirements for grants and cooperative agreements to state and local govemments.3 i. 49 CFR Part 20 " New restrictions on lobbying. j. 49 CPR Part 2t - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CPR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.! 2 ill. 49 CPR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CPR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.] o. 49 CFR Part 29 - Government wide debannent and suspension (nonprocmement) and government wide requirements for drug-free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of c01mtries that deny procmement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new bui Iding construction. I Office ofManagcment and Bndget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-133 - Audits of States, LocaJ Govemments, and Non-Profit Organizations ! These taws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 349 CPR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any ofthe above laws, regulations or circulars are incorporated by reference in this grant agreement. 2 Responsibility and Anthority of the Sponsor. Pnblic Agency Sponsor: It has legal authority to apply for this grant, and to finance and cany out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act ofthe applicant's governing body authorizing the filing ofthe 180f35 a. '-" application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to fmance and cany out the proposed project and comply with all terms, conditions, and assurances ofthis grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance ofitems funded under this grant agreement which it will own or control. 4 Good Title. 5 a. It, a public agency or the Federal government. holds good title, satisfactory to the Secretary, to the landing area ofthe airport or site thereof, or will give assmance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion ofthe property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. Preserving Rights and Powers. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the tenus, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modii)' any outstanding rights or claims of right of others which would internre with such perfurmance by the sponsor. This shall be done in a manner acceptabte to the Secretary. It will not sell, lease, encumber, or otherwise transfer or dispose of any part ofits title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration ofthe terms, conditions, and assurances in this grant agreement without approval by the Secretary. Ifthe transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to cany out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsOl's interest, and make binding upon the transferee all ofthe tenns, conditions, and assurances contained in this grant agreement. For all noise compatibility program projects which are to be canied out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that govemmentto the same tenns, conditions, and assurances that would be applicable to it ifit applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government ifthere is substantial non-compliance with the tenns ofthe agreement. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner ofthat property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the tenns ofthe agreement. If the sponsor is a private sponsor, it will take steps satisfuctory to the Secretary to ensme that the airport will continue to function as a public-use airport in accorlmce with these t 9 of35 a. b. c. d. e. assurances for the duration of these assurances. f. If an arrangement is made for management and operation ofthe airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. It will not pennit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest It has given fuir consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affucted parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects ofthe airport or runway location and its consistency with goals and objectives of such planning as has been earned out by the community and it shall, when requested by the Secretary, submit a copy ofthe transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor ofthe state in which the project is located to certifY in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administralor of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certifY shall be provided within sixty days after the project application has been received by the Secretary. ~ 11. Pavement Preventive Maintenance. With respectto a project approved after January I, t995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary detennines may be useful. 12. Terminal Development Prereqnisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal ofthe project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for 20 005 access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aIrcraft other than aIr canier aIrcraft. II Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds oflhis grant, the total cost ofthe project in connection with which this grant is given or used, and the amount or nature ofthat portion ofthe cost ofthe project supplied by other sources, and such other financial records perlinentto the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General ofthe United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records ofthe recipient that are pertinent to this grant. The SecretalY may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts ofa sponsor relating to the disposition orthe proceeds ofa grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close ofthe fiscal year for which the audit was made. 11 Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetennined by the Secretary of Labor, in accordance with the Davis- Bacon Act, as amended (40 U.s.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15 Vaeran's Preference.. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment oflabor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defmed in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16 Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval ofthe SecretaJY, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedutes shall also be subject to approval ofthe Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 1& Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. 21 of35 c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the rightto disapprove the use ofthe sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval ofthis project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part ofthe Secretary to approve any pending or future application for a Federal airport grant. Operation and Maintenance. The airport and all facilities which are necessary to serve the aeronautical users ofthe airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or penn it any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance ofthis assurance, the sponsor will have in effect arrangements for- l'l a 1) 2) 3) Operating the airport's aeronautical facilities whenever required; Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and Promptly notitying ainnen of any condition affecting aeronautical use ofthe airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control ofthe sponsor. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such tenninal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use ofland adjacent to or in the immediate vicinity ofthe airport to activities and purposes compatible with nonnal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any 220f35 change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasDnable terms and without unjust discrimination to all types, kinds and classes Df aeronautical activities, including conunercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right Dr privilege at the airport is granted tD any persDn, firm, Dr corporatiDn to cDnduct Dr to engage in any aeronautical activity fDr furnishing services 10 the public at the airport, the sponsDr will insert and enforce provisions requiring the contractor ta- l) furnish said services on a reasonable, and not lllljustly discriminatol)', basis to all users thereDf, and 2) charge reasonable, and not lllljustly discriminatDI)', prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatDlY discollllts, rebates, or Dther similar types of price reductiDns tD volume purchasers. C. Each fixed-based operator at the airpDrt shall be subject to the same rates, fees, rentals, and other charges as are unifDrmly applicable to all other fixed-based Dperators making the same Dr similar uses Df such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right tD service itself or to use any fixed-based operatDr that is authorized Dr pennitted by the airpDrt to serve any air carrier at such airpDrt. e. Each air carrier using such airpDrt (whether as a tenant, non tenant, or subtenant Df another air carrier tenant) shall be subject tD such nondiscriminatol)' and substantially comparable rules, regulations, conditiDns, rates, fees, rentals, and other charges with respect to fucilities directly and substantially related to providing air transpDrtatiDn as are applicable tD all such air carriers which make similar use Dfsuch airpDrt and utiliie similar mcilities, subject tD reasonable classifications such as tenants or non tenants and signatory earners and non signatolY can;ers, Classification or status as tenant or signatDI)' shall nDt be unreasDnably withheld by any airpOJ1 provided an air carrier assumes obligatiDns substantially similar to thDse already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which Dperates tD prevent any perSDn, finn, Dr cDrporatiDn operating aircraft on the airpDrt from perfDnning any services on its Dwn aircraft with its own employees [including, but not limited 10 maintenance, repair, and fueling] that it may chDose to perfonn. g. In the event the spDnsor itself exercises any of the rights and privileges referred tD in this assurance, the services involved will be provided on the same conditions as wDuld apply to the furnishing Df such services by commercial aeronautical service providers authorized by the sponsor llllder these provisions. h. The sponsor may establish such reasDnable, and not unjustly discriminatDI)', conditions tD be met by all usern of the airport as may be necessary for the safe and efficient operation ofthe airport. 1. The spDnsor may prohibit or limit any given type, kind or class of aeronautical use of the airpDrt if such action is necessary for the safe operatiDn of the airport or necessary to serve the civil aviation needs of the public. 13. Exclusive Rights. It will pennit nD exclusive right fDrthe use Dfthe airport by any perSDn providing, or intending to provide, aeronautical services to the public. For purpDses Dfthis paragraph, the providing ofthe services at an airpDrt by a single fixed-based operator shall not be construed as an exclusive right ifboth ofthe fDIIDwing apply: a. It would be llllreasDnably costly, burdensDme, Dr impractical fDr more than one fixed-based operator to provide such services, and b. lfallowing more than Dne fixed-based Dperator tD provide such services wDuld require the reductiDn Df space leased pursuant tD an existing agreement between such single fixed-based 23 013 5 operator and such airport. It further agrees that it will not, either directly or indirectly, grant or pennit any person, fInn, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. , 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part ofthe Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of! 982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users ofthat airport. 25. Airport Revenues. a. All revenues generated by the airport and any locat taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airpOlt system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: I) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3,1982, in governing statutes controlling the owner or operator's fmanoing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the irport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case ofa public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airpOlt to a public sponsor aud provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds ITom the sale. Th is is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the pri vate owner for any purpose other than land acquisition on or after October I, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October t, t996. 3) Certain revenue dedved from or generated by mineral extraction, production, tease, or other means at a general aviation airport (as defmed at Section 47102 of title 49 United States Code), if the FAA detennines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicabte provision of!aw, including any regulation promulgated by the Secretary or Administrator. c. Any civil penatties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 24 of3 5 Reports and Inspections. It will: submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a fonnat prescribed by the Secretary; for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent ofthe Secretary upon reasonable request; for noise compatibility program projects, make records and documents relating to the project and continued compliance with the tenns, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and in a fonnat and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of govemment and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and propeliy. Tl. Use by Government Aircraft. It will make available all ofthe facilities ofthe airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion ofthe Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) ofGovemment aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement ofGovemment aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 26. a. b. c. d. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas ofland or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereofwill be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all oilSite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and 25 of35 proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative ofthe Secretary on the face of the airport layout plan. The sponsor will not make or pennit any changes or alterations in the airport or any of its facilities which are not in confonnity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary detennines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in confonnity with the airport layout plan as approved by the Secretary, the owner or operator will, ifrequested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds r.eceived from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the fonn of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsorretains ownership or possession ofthe property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (I) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (I) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) oftitle 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114,471 ]5, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered adisposal oftbe land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any pennitted use of airport revenue. b. For tand purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (t) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (I) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117( e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47 117 of title 49 26 of35 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the tinancial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 3 t, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, t987, was notified by the operator or owner ofthe uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Eugineering and Design Services. It will award each contract, or sub-contract for program managemen~ construction managemen~ planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of] 949 or an equivalent qualifications-based requirement prescribed for or by the sponsor ofthe airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AlP projects, dated (the latest approved version as of this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in SubpaJ1 B of 49 CFR Part 24 and will payor reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fuir and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacemen~ comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will penni~ to lbe maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes oftransp0J1ation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CPR Part 26. The Recipient shan take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to cany out its terms shan be treated as a violation ofthis agreement. Upon notification to the recipient orits fuilure to carry out its approved program, the 270f35 Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 V.S.C. 100 I and/or the Program Fraud Civil Remedies Act of 1986 (31 V.S.C. 3801). 38. Hangar Construction. If the aiJport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long tenn lease that is subject to such tenns and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator ofa medium or large hub airport (as defined in section 47102 oftitle 49, V.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air canier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 280f35 FAA Airports Current FAA Advisory Circulars Required for Use in AlP Funded and PFC Approved Projects Updated: 1/25/2012 View the most current versions of these ACs and any associated changes at: http://www.faa.qov/aimorts/resources/advisorv ci rculars 70/7460-1 K 150/5000-13A 150/5020-1 150/5070-6B Change 1 150/5070-7 150/5100-138 150/5200-28D 150/5200-30C 150/5200-33B 150/5210-5D 150/5210-7D 150/5210-13C 150/5210-14B 150/5210-15A 150/5210-18A Obstruction Marking and Lighting Announcement of Availability-RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors Noise Control and Com patibility Planning for Airports Airport Master Plans The Airport System Planning Process Development of State Standards for Non Primary Airports Notices to Airmen (NOT AMS) for Airport Operators Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Rescue and Fire Fighting Communications Airport Water Rescue Plans and Equipment Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel 290f35 150/5210-19A 150/5220-10E 150/5220-16D 150/5220-17B 150/5220-18A 150/5220-20 Change 1 150/5220-21 B 150/5220-22A 150/5220-23 150/5220-24 150/5300-7B 150/5300-13 Changes 1 - 18 150/5300-14B 150/5300-16A 150/5300-17C 150/5300-18B 150/5320-5C Change 1 150/5320-6E 150/5320-12C Change 8 150/5320-15A Driver's Enhanced Vision System (DEVS) Guide Specification for Aircraft Rescue and Firefighting Vehicles Automated Weather Observing Systems for Non-Federal Applications Aircraft Rescue and Firefighting (ARFF) Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Engineered Materials Arresting System (EMAS) for Aircraft Overruns Frangible Connections Foreign Object Debris Detection Equipment FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes Airport Design Design of Aircraft Deicing Facilities General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards Surface Drainage Design Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Management of Airport Industrial Waste 300f35 150/5325-4B 150/5335-5B 150/5340-1K 150/5340-5C 150/5340-18F 150/5340-30F 150/5345-3G 150/5345-5B 150/5345-7E 150/5345-10G 150/5345-12F 150/5345-13B 150/5345-26D 150/5345-27D 150/5345-28G 150/5345-39D 150/5345-42F 150/5345-43F 150/5345-44J 150/5345-45C 150/5345-46D 150/5345-47C 150/5345-49C Runway Length Requirements for Airport Design Standardized Method of Reporting Airport Pavement Strength PCN Standards for Airport Markings Segmented Circle Airport Marker System Standards for Airport Sign Systems Design and Installation Details for Airport Visual Aids Specification for L821 Panels for the Control of Airport Lighting Circuit Selector Switch Specification for L824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Low-Impact Resistant (UR) Structures Specification for Runway and Taxiway Light Fixtures Specifications for Series to Series Isolation Transformers for Airport Lighting System Specification L854, Radio Control Equipment 31 of35 150/5345-50B 150/5345-51 B 150/5345-52A 150/5345-53C 150/5345-54B 150/5345-55A 150/5345-56B 150/5360-9 150/5360-12E 150/5360-13 Change 1 150/5360-14 150/5370-2F 150/5370-1 OF 150/5370-11 B 150/5380-6B 150/5390-2B 150/5395-1 Specification for Portable Runway and Taxiway Lights Specification for Discharge-Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program Specification for L-1884, Power and Control Unit for Land and Hold Short Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) Planning and Design of Airport Terminal Facilities at Non-Hub Locations Airport Signing and Graphics Planning and Design Guidance for Airport Terminal Facilities Access to Airports By Individuals With Disabilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement Guidelines and Procedures for Maintenance of Airport Pavements Heliport Design Seaplane Bases 320f35 THE FOLLOWING ADDITIONAL APPLY TO AlP PROJECTS ONLY DATED: 1/25/2012 150/5100-14D 150/5100-15A 150/5100-17 Changes 1 - 6 150/5200-37 150/5300-15A 150/5320-17 150/5370-6D Changes 1 - 4 150/5370-12A 150/5370-13A 150/5380-7 A Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Civil Rights Requirements for the Airport Improvement Program Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Introduction to Safety Management Systems (SMS) for Airport Operators Use of Value Engineering for Engineering Design of Airports Grant Projects Airfield Pavement Surface Evaluation and Rating (PASER) Manuals Construction Progress and Inspection Report - Airport Grant Program Quality Control of Construction for Airport Grant Projects Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt Airport Pavement Management Program THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 1/25/2012 150/5000-12 Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form 5500-1) 330f35 ATTACHMENTD CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS A. The grantee certifies that it will or will continne to provide a drug-free workplace by: (a) Publishing a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifYing the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) NotifYing the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (I) Abide by the terms of the statement; and (2) NotifY the employer in writing of his or her conviction for a violation ofa criminal drug statute occulTing in the workplace no later than five calendar days after such conviction; (e) NotifYing the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) fi'om an employee or otherwise receiving actual notice of such conviction. Employers of convicted emptoyees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (t) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (I) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements ofthe Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 4876 FM 3084 Port Lavaca TX 77979 Check _ ifthere are workplaces on file that are not identified here. Signed: -)YU ill J 9- i?fi- Dated: 1../1/1 / /3 Michael J. Pfe~fer, County Judge Typed Name and Title of Sponsor Representative 340f35 ATTACHMENTE PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airpolt sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of details: a. location of all runways, taxiways, and aprons b. dimensions c. type of pavement d. year of construction or most recent rehabilitation For compliance with the Airport hnprovement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PC1) survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three years. b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circnlar 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented. 350f35 Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 April 4, 2013 Honorable Michael Pfeifer Calhoun County Judge 21l S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for Aprilll, 2013. · Discuss and take necessary action on Texas General Land Office Coastal Public Lands Easement No. CL 870002 and authorize Judge Pfeifer to sign. Sincerely, ~w.k Kenneth W. Finster KWF/at P.O. Box 177' Seadrift, TX 77983 . email: kennv.finster!iilcalhouncotx.orl" n61\ 7R"-1141 . I1n H6n '7~<_<60' TEXAS GENERAL LAND OFFICE COASTAL PUBLIC LAND EASEMENT NO. CL870002 (ESPIRITU SANTO BAY) AND AUTHORIZE COUNTY JUDGE TO SIGN: Commissioner Finster: This leases the Channel out of Port O'Connor out to Saluria Bayou. It has maintained by the Navigation District. The permit has always been in the County's name. Renewing Coastal Public Lands Easement No. CL 870002, Espiritu Santo Bay, Barroom Bay, Calhoun County, Texas for a ten year period effective April 1, 2013 to expiration date March 31, 2023 in the amount of $50.00. A Motion to approve the Texas General Land Office Coastal Public Land Easement No. CL870002 and authorize the County Judge to sign was made by Commissioner Finster and seconded by Commissioner Lyssy. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. T lB:XA S G1E:NEJRAL JL.AND 'OJPIPJ[CE JERRY PATTERSON, COMMISSIONER April 2, 2013 .\.'jaemuil Calhoun County ATTN. Michael J. Pfeifer, County Judge cia Ms. Susan Riley susan.rilev@calhouncotx.org 211 South Ann Ste. 30 I Port Lavaca, TX 77979-4249 Re: Coastal Public Lands Easement No. CL 870002 Espiritu Santo Bay, Barroom Bay, Calhoun County, Texas Dear Judge Pfeifer: Attached is the Coastal Lease for the above referenced project. Please print two copies for signature and acknowledgement, where indicated. Both original doc1Jments and the Renewal Fee of$50,00 should be returned to the Geneml Land Office, atthe address listed below not later than May.g,20 13, When the documents have been executed by the Land Commissioner, one original will be returned to you and one retained for our files. The Effective Date of the Lease is April I, 2013 for a ten year term. Your signature on the contract constitutes acceptance of all provisions contained therein. If you have any questions, please contact me at (512) 305-9118, Sincerely, A~~i::""f Commercial Lease Manager Professional Services Enclosure Texas Geneml Land Office Stephen F. Austin Building. 1700 North Congress Avenne. Austin, Texas 78701-1495 Post Office Box 12873 . Austin, Texas 78711-2873 Phone: 512-463-5001 . 800-998-4GLO www.glo.state.tx.ns Contract CL Sig.doc USE THIS STATEMENT, AS THE FIRST PAGE, WHEN RETURNING THE SIGNED CONTRACT Invoice fOI' Account C000000686 Texas General Land Office - Jerry Patterson, Commissioner PO Box 12873 Austin, TX 78711-2873 Customer Service (800) 998-4456 7:30am - 5:30pm Monday - Friday Customer Information Statement date: April 2, 2013 CustomerID: C000000686 Calhoun County 211 South Ann Ste 301 Port Lavaca, TX 77979-4249 Activity Description Channel Invoice Summary Contract Telm: Effective Date 04/01/2013 Periodic Payment: $ 0.00 Expiration Date 03/31/2023 Frequency: Amount Due Invoice Due Date LC:lse Description Amouut Date Number April 2, 2013 May 3, 2013 CL870002 Fee 3301036 $ 50.00 CC037736 Total Amount Due $ 50.00 Preparer: adabney CustomerID: C000000686 (('\ 1[1' IN 'Ii' i[]) ,\ '[ \\....JI L-~j _ "\ J ~d i'- i\\ J A ._._ _.~"___n~______,,~____..__ _ ._,____ JL.ANJ[) O][i'FJ[CE "1[' 1[ j' Y I~ '-C. -"_ LJ "L^),. ~_j\ ~j JElUlY PATTERSON, COMMISSIONER April 24, 2013 FULLY EXECUTED LEASE Please find enclosed your lease fully executed by the Commissioner of the General Land Office. We have retained a duplicate of the original contract for our files. Please note you can not authorize, assign, sublease the rights to this lease or use any structure for commercial purposes without prior written approval by the Commissioner of the General Land Office. Ifwe can be offUlther assistance, please call us at (512) 463-5083. Texas General Land Office Stephen F. Austin Building. I700 North Congress Avenue, Texas 7870I-1495 Post Office Box 12873. Austin, Texas 787II-2873 Phone: 512-463-500I .800-998-4GLO www.glo.state.tx.us Revised 11128/2012 O:\AlDOC\Generic Letters (eL & SL Baxter) " TEXAS GENERAL LAND OFFICE COASTAL LEASE NO. CL 870002 By virtue of the authority granted by CllilpteL33 of the ~~xas !:JaturilL!JSJ;.Qur,!i.L(;Qj;!<;, Title 31 of the Texas Administrative Code, all amendments thereto, all other applicable statutes, and subject to all rules and regulations promulgated pursuant thereto, the Statc of Texas (the "Grantor"), acting by and through the Commissioner of the General Land Office (the "GLO") as Chairman of the School Land Board (the "Board) on behalf of the Permanent School Fund (the "PSF"), hereby grants to the grantee (the "Grantee") Ilamed under the HGl'antee Name' section of Attachment Al the Control Page, the right to use a tract of state-owned real property (the "Premises"), which property is described in the "Premises" section of Attachment A and further depicted in Attachment B, for the purposes described in this agreement (the "Agreement"). ARTICLE 1: INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of tile defined terms; (b) The words <<he1'eof/' "herein," IIhel'ellnder/' and similar words refer to this Agreement as a whole and not to any particular provision, section, Attachment, or schedule, unless otherwise specified; (c) The term <<including" is not limiting and 11le31lS "including without lilllitationlland, unless otherwise expressly provided in this Agreement, (i) references to agreements (including this Agreement) and other contractual instruments shall be deemed to inclnde all subsequent amendments and other modifications thereto, but only to the extent that StIch amendments and other modifications are not prohibited by the terms of this Agreement; and (ii) references to any statute or regnlation are to be construed as including all statut01Y and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statnte or regulation; (d) The captions and headings of this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement; (e) All attachments within this Agreement, including those referenced by incorporation, and any amendments are considered part of the terms of this Agreement; (f) This Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations) regulations, and policies are cumulative and each shall be pel'fonned in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the Grantor or by the Grantor by way of consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the Grantor shall not be unreasonably withbeld or delayed; (h) All due dates and/or deadlines referenced in this Agreement that occur on a weekend or holiday shall be considered as if occurring on the next business day; ~ (i) All time periods in this Agreement shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (j) Time is ofthe cssence ill this Agreement. ARTICLE II: GRANTING CLAUSE 2.0I GRANTING CLAUSE: lN CONSIDERATION OF THE PAYMENTS STATED IN ARTlCLEIV OF THIS AGREEMENT AND OTHER CONSIDERATION STATED THEREIN, THE RECEIPT AND SUFFIC1ENCY OF WHICH ARE HEREBY ACKNOWLEDGED, AND ACCORDING TO THE COVENANTS AND COMMITMENTS HEREIN AGREED TO BE KEPT AND PERFORMED BY THE GRANTEE, THE GRANTOR GRANTS TO THE GRANTEE THE RIGHT TO USE THE PREMISES FOR THE PURPOSES AND UNDER THE CONDITIONS AND OBLtGAT10NS DESCRIBED tN THE FOLLOWING SECTION OF THIS AGREEMENT. 2.02 SCOPE 01' GRANTlNG CLAUSE: THE GRANTEE'S USE OF THE PRElvIlSES is SUBJECT TO COMPLIANCE W1TH THE FOLLOWING COVENANTS, OBLiGATIONS, AND CONDITIONS: (a) Use: The Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises" section of Attachment A and for no other purpose. Except as otherwise providcd in this Agreemcnt, the Premises are to rcmain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is specifically prohibited from modifying the Premises in any manner not authol'ized in this Agreement and fi'OI11 using, or allowing the use by others, of the Premises for any other purpose. CL870002 adabncy Page 1 CUSTOMER ID: C000000686 CL NewP _'-14 II.doc (:b) Trash: The Grantee shall be responsible for the removal and disposal of all trash at the Premises, whether or not sllch trash is generated by the Grantee or its guests and invitees. ( c) Improvements: (i) The Grantee's right to lIse the Premises is exclusive as to those alterations, additions, and/or improvements located, or to be located, on the Premises (collectively the "Improvements"), as more specifically described under the "Use(s) of Premises" section of Attachment A and further depicted on Attachment B, and nOll-exclusive as to the remainder. The location of the Improvements shall become tixed as specified under Attachment B and shalt not be changed except by a written amendment to this Agreement. Improvements existing prior to the execution of this Agreement arc and shall remain the property of the Grantor; (ii) Except as otherwise allowed in this Agreement, no construction, land modifications or excavation, or permanent property improvements may be allowed or undertaken without the Grantor' s prior express written consent. The Grantee may not maintain or allow any nuisances or public hazards on the Premises, and shall be under a duty. to abate 01' remove any activity or property constituting or contributing to a hazard or nuisance. The Grantee may file a criminal complaint or institute civil proceedings to protect his right of possession and leasehold interest in the Premises against trespass of other infi'ingement of the Grantee's rights by third parties. The Gmntee is specifically prohibited fi'om using or allowing the use by others of the Premises for any purpose not stated herein, including, but 110t limited to, mining, hauling, or otherwise removing rock, sand, gravel, aggl'egate, OJ' other such materials, without the Grantor1s prior express written approval; (Iii) Prior to undertaking construction OJ' installation of Improvements on the Premises, the Grantee shall provide written notice of the terms of this Agreement to each person 01' entity authorized by the Grantee to perform any such activity on its behalf. If a dispute arises concerning construction or installation of the Improvements, the Grantee shall provide the Grantor with a copy of all applicable notices within ten (10) days of the Gmntol"s written request; (iv) The Grantee, in its sole cost and expense, shall make, and be solely responsible fol', any repairs, maintenance, or replacements to the Improvements that the Grantor considers necessary or as required by this Agreement. If the Gmntee fails 0]' refuses to hOllor such a request, or in case of an emergency, the Grantor may make such repairs, maintenance, renewals, or replacements. THE GnANTEE WAIVES ANY CLAIM FOR DAMAGE CAUSED THEnEBY AND IS LIABLE TO THE GnANTon FOR ANY COSTS INcunRED; (v) Prior to expiration of this Agreement or upon notice of termination, the Grantee shall remove all of the Improvements, remove any resulting debris, and pay Grantor all monies due. The grantee shall take whatever measures are necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any Improvements. If the Gtantee fails to comply with this provision, the Grantor shall have the right to perform the work, in which event the Grantee shall be liable to the Grantor for all cost, loss, and damage incurred by the Grantor; (vi) Notwithstanding the preceding, pursuant to Title 31 of the Texas Administrative Code, the Grantor may waive the removal/restoration requirements ill this Section if, in the Grantor's sole opinion and discretion, such waiver is in the best interest of the State. Any such waiver shall be in writing and may be conditioned npon factors including the nature and sensitivity of the natural resources in the area, potential damage to or destruction of property, beneficiat uses of the existing improvement(s), and other factors considered to be in the best interest oftlle State; and (vii) Grantee shall insure that all Improvements constructed, placed, or operated by it on the Premises are visible to operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that Improvements consh'ucted, placed, or operated by it on the Premises do not constitute a hazard to operators of marine craft. Grantee may not restrict or prevent other persons :fl:om access to navigating open, navigable waters, (d) Adjacent Property: (i) The Premises are located adjacent to property that is owned by the Grantee or In which the Grantee has a possessory interest (the "Acijacent Property") and is further described under the "Adjacent Property" section of Attachment A; and (Ii) If the Grantee is divested of its interest in the Adjacent Properly, the Grantor may terminate this Agreement upon ten (10) days written notice to the Grantee. (e) Special Conditions: The Grantee shall adhere to the special conditions, if any, listed under the "Special Conditions" section of Attachment A. 2.03 As Is: THE GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDffION OF THE PnEMISES ANIJ ACCEPTS THE SAME "AS IS," tN ITS EXISTING PHYSICAL AND TOPOGnAPHIC CONDITION. THE GIlANTEE ACKNOWLEDGES THATlT IS NOT nEL YING ON ANY REI'nESENTATION, STATEMENT, on OTHER ASSERTION OF THE GIlANTOn WITH RESPECT TO THT, CONDITION OF THE PnEMtSES, BUT IS RELYING ON THE GRANTEl,'S OWN INSPECTION OF THE PREMISES. TilE GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF HAnITABlLlTY, IHERCHANTABILITY, SUlTAIlILITY, FITNESS FOR ANY PURPOS}!:, AND ANY OTHER EXPRESS OR ]j\,rPLmD WAlUt.4NTY NOT ExrUESSLY SETlIORTH IN THIS AGREEMENT. THE USE OF THE TERi\'! "GRANT" IN NO WAY 1~'iPLIES THAT THIS AGREEMENT IS FR@ 01' LIENS, ENCUMBRANCES, AND/on PIlton IUGHTS. THE GRANTEE IS PUT ON CL870002 adabney Page 2 CUSTOMER ID: C000000686 CLNewP_4411,doc NOTICE 'j'I1AT OTIIEll GRANT ANn/OR ENCUMBRANCE MAY BE OF RECORD, AND THE GRANTEE IS ADVISED TO EXAMINE TH[e RECORDS IN TIlE ARCIIIVES AND RECOIlDS IlIVISION OF THE GLO AND RECORDS OF THE COUNTY IN WHICH THE PREMISES AUE LOCATED. 2.04 RESERVATIONS: THE GRANTOR RESERVES TilE FULL USE OF TilE PREMISES AND ALL RIGHTS WITlI llESPECT TO ITS SURFACE AND SIIBSURFACE FOR ANY AND ALL I'URPOSES EXCEPT FOR THOSE GRANTED TO TIlE GllANTEE. THE AI10REMENTIONEtl RESERVED ~'ULL USE OF THE PllEMISES BV THE GRANTOR INCLUDES THE IltGHT OF INGIlESS, EGtlESS, AND USE OF THE PREl\USES BY THE GRANTOR, ITS OFFICERS, AGENTS, JU;PRESENTATIVES, El't'lPLOYEES, AND OTHER AUTHORIZED tlSERS FOR ANY AUTHORIZED PUUPOSE. 2.05 UIGHTOFENTllY (a) In any circumstances where the Grantor is granted a right of entry on the Premises during the term of the Agreement, no such entry shall constitute an eviction or disturbance cftlle Gl'anteels use and possession of the Premises, a breach by the Grantor of any of its obligations hereunder, render the Grantor liable for damages for loss of business or otherwise, entitle the Grantee to be relieved from any of its obligations hereundeJ\ grant the Grantee any right of off-set or recoupment, or other remedy. (b) In exercising any right of entry, the Grantor agrees to exercise its right of entry oniy at reasonable times (except in an eillergency) for purposes of inspection, repair, and as necessary to protect the Statels interests, and the Grantor agrees not to unreasonably interfere with the Grantee's authorized use of the Premises. The Grantee shall provide the Grantor with keys or combinations to all Jocks that may limit access to the Premises. (c) Further, the Grantee authorizes the State, its officers, agents, representatives, and employees to access the Premises over and across Grantee's A,ijacen[ Property. Grantor agrees to use the Adjacent Property only to the extent and for the tength oftime necessary to provide access to and from the Premises. The foregoing authorization creates a license only, and does not create an easement over the Adjacent Property. (<I) Grantee acknowledges that Grantor's right of ingress and egress shall remain in effect as long as any improvements placed on the Premises by Grantee rcmain on the Premises and/or as necessary for Grantor to confirm the removal (in whole or in part) of those improvements. (e) Any aforementioned right of entry shall survive the tennination ofthis Contract. 2.06 DAMAGE OR DFBTIlUCTION OF PREMISES AND/OR IMPROVEMENTS: No DAMAGE TO THE PREM1SES, OR DAMAGE TO OR DESTRUCTION OF ANY IMPROVEMENTS, SHALL IN ANY WAY ALTER, AFFECT, OR MODIFY THE GRANTEE'S OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT ANY SUCH DAMAGE OR DESTRUCTION EXCEEDS THE COST LISTED UNDER THE "COST OF DAMAGE" SECTION OF ATTACHMENT A PEll EVENT TO REPAIR, THE GRANTEE SHALL GIVE WRITTEN NOTICE TO GRANTOR WITHIN SEVEN (7) CALENDAR DAYS OF THE DAMAGE Oil DESTRUCTION, INCLUDING A DESCR1PTlON OF THE DAMAGE OR DESTRUCTION AND, AS FAR AS KNOWN TO THE GRANTEE, THE CAUSE OF THE DAMAOE OR DESTRUCTtON. THE GRANTEE SHALL IMMEDIATELY REMOVE ALL DEBRIS RESULTING FROM SUCH DAMAGE OR DESTRUCTlON AND TAKE SUCH ACTION AS IS NECESSARY TO PLACE THE PREMISES IN A NEAT, SAFE CONDITION. WITHIN 90 DAYS OF THE EVENT CAUSING THE DAMAGE OR DESTRUCTION, THE GRANTEE MUST EtTHEll REPAItl OR REPLACE THE IMPROVEMENTS, IF PERMlTrED BY LAW, OR RETURN THE PllEMISES TO THEItl NATURAL CONDITION. THE GRANTOR MAY MAKE REPAIRS OR REPLACEMENTS PURSUANT TO THiS SECTION, WHEREUPON THE GRANTEE SHAl.L BE LIABLB TO PAY THE GRANTOR, UPON DEMAND, THE COST AND EXPENSE INCURRED IN ACCOMPLISHING SUCH ACTION. ANY FAlLURE BY THE GRANTEE TO MAKE SUCH PAYMENT TO THE GRANTOR MAY BE TREATED BY THE GllANTOR AS AN EVENT OF DEFAULT. ARTICLE III: TERM The effective date and termination date of this Agreement are specified under the "Effective and Termination Dates" section of Attachment A, unless renewed or earlier terminated as provided herein. Unless otherwise specified herein) renewal of this Agreement is at the sole discretion of the Grantor. ARTICLE IV: CONSIDERATION THE GRANTEE SHALL PAY, lN CONSIDERATtON OF THE MUTUAL COVENANTS AND AGREEMENTS SET FORTH tN THIS AGREEMENT, THE PAYMENT(S) AND/OR FEE(S) LISTED UNDER THE "PAYMENT(S) AND/OR FEE(S)" SECHON OF ATTACHMENT A ON OR BEFORE THE DUE DATE. AunCLE V: EVENTS OF DEFAULT 5.01 EVENTS OF DEFAULT: WITH RESPECT TO THE GRANTEE, IT SHALL BE AN EVENT OF DEFAULT HEREUNDER ("EVENT OF DEPAULT") IF: (a) the Grantee fails or refuses to timely pay Consideration or any other payments required by this Agreement after it becomes due; (b) the Grantee fails or refuses to comply, timely perform, or observe allY ofthe covenants, duties, obligations, and/or conditions under this Agreement; (c) the Grantee abandons 01' vacates the Improvements) the Premises) or any significant pOliion thereof; CL87000Z adabney Page 3 CUSTOMER ID; COOOOOOG86 CL NewP_4 4 l1.doc Cd) thel'~ is an entry of a court order requiring the dissolution) winding uJ\ or termination of the Grantee's business affairs; or (e) the Grantee fails to materially comply with rules and regulations in the Texas Administrative Code, the Texas Natural Resources Code, 01' any other rules or regulations promulgated by any state 01' federal governmental entity with proper jurisdiction over any of the USeS permitted under this Agreement, unless such a failure to comply is redressed through an enforcement action by an applicable state agency with proper jurisdiction. 5.02 NOTICE AND CURE: THERE SHALL BE NO CONSEQUENCES FOR AN EVENT OF DEFAULT UNDER THtS AGREEMENT, UNLESS THE DEFAULTING PARTY RECEIVES WRITTEN NOTICE OF THE EVENT OF DEFAULT AND SUCH EVENT OF DEFAULT CONTINUES FOR A PERIOD OF 30 DAYS AFTER THE DEFAULTING PARTY RECEIVES THE NOTICE. A NOTICE OF EVENT OF DEFAULT SHALL SPECIFY THE EVENT OR EVENTS CONSTITUTING THE DEFAULT. THIS 30 DAY PERIOD SHALL BE EXTENDED IF THE ACT, EVENT, OR CONDITION IS ONE THAT BY ITS NATURE OR CIRCUMSTANCES REASONABL v REQUIRES MORE THAN 30 DAYS TO CURE; PROVIDED, HOWEVER, THE DEFAULTING PARTY SHALL PROMPTLY AND IN GOOD FAITH INITIATE AND DILIGENTLV PURSUE MEASURES THAT ARE EXPECTED TO CURE OR ELIMINATE THE EVENT OF DEFAULT IN A REASONABLE PERIOD OF TIME. IF EITHER PARTY FAILS TO CURE AN EVENT OF DEFAULT, TI-lE NON-DEFAULTING PARTY SHALL BE ENTITLED TO TERMINATE THIS AGREEMENT BV WRITTEN NOTICE. THIS NOTICE AND CURE PROVISION DOES NOT APPLY TO AN EVENT OF DEFAULT UNDER PROVISION 5.01(,1) OR ANY EMERGENCY SITUATIONS THAT AFFECT PUBLIC HEALTH OR SAFETV. 5.03 CUMULATIVE RIGHTS AND RmvlEnms; No WAIVER: 11' AN EVENT OF DEFAULT OCCURS AND THE GRANTEE FAILS TO CURE WITHIN TJ-IE PERIOD PROVIDED ABOVE, THE GRANTOR MAY, AT ITS OPTION, DO ANY ONE OR MORE OF THE FOLLOWING: (a) terminate this Agreement by sending written notice of such termination, in which event the Grantee shall immediately snrrender possession of the Premises to the Grantor (such termination shall not prejudice the rights of the Grantor for any claim of payments due); (b) enter upon and take possession of the Premises and expel or remove the Grantee and any other occupant, with or without havlllg terminated the Agreement; or (c) alter locks and other security devices, ifany, at the Premises. The failure of either the Grantee or the Grantor to insist at any time upon the strict observance or performance of any of the provisions ofthis Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any other right or remedy or be construed as a waiver OJ' relinqnishment thereof with respect to subsequent defaults. Every right and remedy given by this Agrcement to the Grantee or the Gralltor may be exercised fi'om time-to-time and as often as may be deemed expedient by the Grantee or the Grantor, as the Case may be. In an Event of Default, the Grantor shall have the option, but not the obligation, to mitigate its damages. ARTICLE VI: GENERAL TERMS, CONDITIONS, AND EXCEPTIONS 6.01 ASSIGNMENT: THE GRANTEE SHALL NOT ASSIGN OR OTHERWISE DISPOSE OF AN INTEREST tN THIS AGREEMENT OR THE PREMISES WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE GRAN'rOR; AND ANY ATTEMPT TO ASSIGN OR OTHERWISE DISPOSE WtTHOUT CONSENT SHALL BE VOID AND OF NO EFFECT. THIS PROHIBITION AGAINST ASSIGNING OR DISPOSITION SHALL BE CONSTRUED TO tNCLUDE A PROI-llBrrION AGAINST ANY ASSIGNlVlENT OR DISPOStTtON BY OPERATION OF LAW. IF THIS AGREEMENT IS ASSIGNED, OR IF AN INTEREST IN THts AGREEMENT OR THE PREMISES IS DISPOSED OF, THE GRANTOR MAY NEVERTHELESS COLLECT CONSIDERATION FROM THE ASSIGNEE AND APPLY THE NET AMOUNT COLLECTED TO THE CONSIDERATtON PAYABLE t-lGRBlINDER. No SUCH TRANSACTION OR COLLECTION OF CONSIDERATION SHALL RELEASE THE GRANTEE FROM THE FURTHER PERFORMANCE OF ITS COVENANTS, DUTIES, AND OBLIGATIONS. 6.02 INDEMNITY: EXCEPT FOR DAMAGES nmECTLY OR I'ROXIMATELV CAUSED BY THE GROSS NEGLIGENCE OF THE GRANTOR, Tim GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS THE GRANTOR ANn THE GllANTOR'S OFFICERS, REPRESENTATIVES, AGENTS, AN]) EMPLOYEES FRO!\'} ANY LOSSES; CLAIJ'\'1S, SUITS, ACTIONS~ DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENtlING AGAINST ALL OF nm AIIOREM.;NTIONED) ARISING IN CONNECTION WITH: a THIS AGIUmMENT; " THE USE OR OCCUPANCY OF THE j'IlEMtSES; m ANY NEGLIGENCE~ ACl'~ OI\HSSION, NEGLECT; OR MISCONDUCT OCCUIUUNG IN~ ON, OR ABOUT THE PnEMISES; OR Ii ANY CLAIMS OR A1HOUNTS ARISING OR ImCOVERAllLE UNDER FEDERAL OR STATE WORKERS' COMPENSATION LAWS, THE TEXAS TOIn CLAIMS ACT, OR ANY OTHEIl SUCH LAWS. THE GIlANTEE ASSUMES RESPONSIIlILlTY FOR THE CONDITION OF TIm PrmMISES. THE GRANTEE EXPRESSI,Y AGREIlS TO USE ANIJ OCCUPY THE PREilUSES ANn PLACE ANY 1MPROVE~mNTS ON THE PREMISES AT ITS OWN RISK. THE GRANTEE SHALL BE RESI'ONSlllLE I'OIl THE SAFETY ANn WELL IlElNG OF ITS EMPLOYEES, CUSTOMERS, ANn INVlTEES. THESE REQUlIlEMENTS SHALL SUllVIVI, 'I'm,; TEIlM OF THIS AGREEMENT UNTIL ALL CLAtMS HAVE IlEEN SETTLED OR RESOLVED AN)) SUITABLE EVIDENCE TO THAT [""FECI' HAS BEEN FURNISBEn TO THE GRANTOR. I CL870002 adabncy Page 4 CUSTOMER ID: C000000686 CL NcwP_4 411,doc ,6.03 'PROTECTION OF NATlIllAL AND HISTOmCAL RESOURCES (a) Unauthorized Discharge: The Grantee shall use the highest degree of care and all appropriate safeguards to prevent pollution of ail', ground) or water in, on, or about the Premises through an unauthorized discharge, and to protect and preserve natural resources and wildlife habitat. In the event of such discharge or damage to natural resources in, on, or about the Premises that is the result of an act or omission of the Grantee, its officers, employees, agents, representatives, contractors, and/or invitees, the Grantee shall immediately notifY appropriate agencies of the State of Texas and the Grantor and undertake all required and appropriate action to remedy the same. The Grantee shall be liable for all damages to the Premises, public lands, and waters as a result of such act or omission and for mitigation of any such damages. (b) Natural Historical Preservation Act and Antiquities Code of Tcxas: THE GRANTEE IS EXPRESSLY I'LACED ON NOTICE OF TIlE NATIONAL HISTOIUCAL PRESERVATION ACT OF I966 AND TIm ANTIQUITIES CODE OF TEXAS. IN THE EVENT THAT ANY SITE, OB,IECT, LOCATION, ARTIFACT, OR OTHER FEATURlc OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL, OR HISTORIC INTEREST IS IGNCOUNTERED DUlUNG TIlE ACTIVITIES AUTHomZED BY THIS AGREEMENT, THE GRANTEE SHALL IMMEDIATELY CEASE SUCH ACTIVITIES ANll SHALL IMMEDIATELY NOTtFY THE GRANTOR AND THE TEXAS HISTORICAL COM~nSSION, SO THAT ADEQUATIG MEASlIRES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES 011 FINDINGS, AS APJ'ROPRlATE. 6.04 COMPLIANCE WITH OTHER LAWS; NUISANCE: THE GRANTEE, AT ITS OWN EXPENSE, WILL COMPLY WITH ALL FEDERAL, STATE, MUNICIPAL, AND OTHER LAWS, CODES, ORDINANCES, RULES, AND REGULATIONS APPLfCABLE TO TI-IE PREMISES; AND WILL INSTALL, REMOVE, AND ALTER SUCH EQUIPMENT AND FACtLITIES IN, AND MAKE SUCH ALTERATIONS TO, THE PREMtSES AS MAY BE NECESSARY TO COMPLY. THE GRANTEE WILL NOT MAKE ANY UNLAWFUL USE OF THE PREMISES OR PERMIT ANY UNLAWFUL USE THEREOF; AND WILL NOT COMMIT, OR I'ERMIT ANYONE ELSE TO COMMIT, ANV ACT THAT IS A NUISANCE OR ANNOYANCE TO THE GRANTOR OR ADJACENT PROPERTY OWNERS OR TENANTS, OR WHtCH MIGHT, IN THE EXCLUSIVE lUDGMENT OF THE GRANTOR, DAMAGE THE GRANTOR'S GOODWILL OR REPUTATION, OR TEND TO INlURE OR DEPRECIATE THE V ALlIE OF THE PREMISES AND/OR ANY IMPROVEMENTS LOCATED THEREON. THE OBLIGAnONS OF THE GRANTEE UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OF TI![S AGREEMENT. 6.05 NOTICE (a) The Grantee shall provide written notice to the Grantor of any change in the Grantee's name, address, corporate structure, legal status or any other information relevant to this Agreement. The Grantee shall provide to the Grantor any other information reasonably requested by the GI'antor in writing within 30 days following such request. (b) Any payments and required writteu notices under this Agreement shall be delivered by hand, facsimile, or United States Registered or Certified Mail, adequate postage prepaid, to the address(es) listed under the "Address(es) for Notification" section of Attachment A. A party may change its address by giving notice as provided above. No change of address shall be binding until notice of such change of address is given as required. 6.06 SEVEIlAHILITY: IF ANY PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE UNENFORCEABLE BY A COURT OF LAW OR EQUITY, THIS AGREEMENT SHALL BE CONSTRUED AS tF SUCH PROVISION DID NOT EXIST AND THE NON-ENFORCEABILnY OF SUCH PROVtSION SHALL NOT BE HELD TO RENDER ANY OTHER PROVISION OR PROVISIONS OF THIS AGREEMENT UNENFORCEABLE. 6.07 ENTIRE AGREEMENT: THIS AGREEMENT AND ITS AlTACHMENTS CONSTITUTE THE ENTffi.E AGREEMENT OF THE PARTIES AND SUCH ARE INTENDED AS A COMPLETE AND EXCLUSIVE STATEMENT OF THE PROMISES, REPRESENTATIONS, NEGOTIATIONS, DISCUSSIONS, AND OTHER AGREEMENTS THAT MAY HAVE BEEN MADE tN CONNECTION WtTH THE SUBJECT MATTER HEREOF. UNLESS AN ATTACHMENT TO THIS AGREEMENT SPEC!FICALL Y DISPLAYS A MUTUAL INTENT TO AMEND A PARTICULAR PART OF THIS AGREEMENT, GENERAL CONFLICTS IN LANGUAGE BETWEEN ANY SUCH ATTACHMENT AND THIS AGREEMENT SHALL BE CONSTRUED CONSISTENTLY WITH THE TERMS OF THIS AGREEMENT. UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY THE TERMS OF THIS AGREEMENT, NO MODIFICATION, RENEWAL, EXTENSION, OR AMENDMENT TO TI{tS AGREEMENT SHALL BE BINDING UPON THE PARTIES UNLESS THE SAME IS IN WRITING AND SIGNED BY THE RESPECTIVE PARTI6S HERETO. 6.08 TAXES: THE GRANTEE SHALL, AS FURTHER CONSIDERATION FOR THIS AGREEMENT, PAY AND DISCHARGE ALL "TAXES" (AS HEREINAFTER DEFINED) PROPERLY ASSESSED IN ANY CALENDAR YEAR. (OR PORTION THEREOF) DURtNG THE TERM OF THIS AGREEMENT. FOR THE PURPOSES OF THIS AGREEMENT, THE TERM "TAXES" MEANS ALL TAXES, ASSESSMENTS, IMPOSITIONS, LEVIES, CHARGES, EXCISES, FEES, LICENSES, AND OTHER SUMS (WHETHER NOW EXISTING OR HEREAFTER ARISING, WHETHER FORESEEN OR UNFORESEEN, AND WHETHER UNDER THE PRESENT SYSTEM OF TAXATION OR SOME OTHER SYSTEM), THAT DURING THE TERM OF THIS AGREEMENT MAYBE LEVIED, ASSESSED, CHARGED, OR IMPOSED BY ANY GOVERNMENTAL AUTHORITY OR OTHER TAXING AUTHORITY OR ACCRUE ON THE PREMISES AND ANY IMPROVEMENTS OR OTHER PROPERTY THEREON, WHETHER BELONGING TO THE GRANTOR OR THE GRANTEE, OR TO WHICH EITHER OF THEM MAY BECOME LIABLE IN RELATION THERETO. THE TERM "TAXES" SHALL ALSO INCLUDE ALL PENALTIES, lNTEREST, AND OTHER CHARGES PAYABLE BY REASON OF ANY DELAV OR FAILURE OR REFUSAL OF THE GRANTEE TO MAKE TIMEL Y PAYMENTS AS REQUIRED PURSUANT TO THIS PROVISlON. THE GRANTEE AGREES TO AN]) SHALL INDEMNIFY AND HOLD TIlE GnANTOR HARMLESS FROM LIAmLlTY FOR ANY AND ALL TAXES, TOGETHER WITH CL870002 ndabney PageS CUSTOMER ID: C000000686 CL NewP_.4 '11] .doc 'ANY INTrmEST, PENALTIES, OR On-Hm SUMS IMIIOSED, AND FROM ANY SALE OR OTInm. PROCEEDING TO EN1('OnCE PA VIVIENT THERlWF, 6.09 ENCUMBRANCE OF INTEREST: THE GRANTEE MAY NOT MORTGAGE, HYPOTHECATE, ENCUMBER, OR GRANT ANY DEED OF TRUST OR SECURITY INTEREST THAT ENCUMBERS THE PREMISES. FURTHER, THE GRANTEE MA Y NOT COLLATERALLY ASSIGN ANY RENT OR OHlER INCOME GENERATED FROM THE PREMISES. PRIOR TO EXPIRATION OR TERMINATION OF THIS AGREEMENT, THE GRANTEE WILL PROVIDE THE GRANTOR WITH DOCUMENTATION SUFFIClENT TO EVIDENCE THE GRANTOR'S OWNERSHIP 01' THE IMPROVEMENTS NOT REQUIRED TO BE REMOVED PER ARTICLE 11. 6.10 PtlOPER AUTHORITY: EACH PARTY HERETO REPRESENTS AND WARRANTS THAT THE PERSON EXECUTING THIS AGREEMENT ON ITS BEHALF HAS fULL FOIVER AND AUTHORITY TO ENTER INTO THIS AGREEMENT. 6,JI RELATIONSHIP OF THE PAIlTI~ NOTHING CONTAINED IN THIS CONTRACT SHALL BE DEEMED OR CONSTRUED TO CREATE A PARTNERSHIP OR JOINT VENTURE, TO CREATE RELATIONSHIPS OF AN EMPLOYER-EMPLOVEE OR PRINCIPAL-AGENT, OR TO OTHERWISE CREATE FOR THE GRANTOR ANY LIABILITY WHATSOEVER WITH RESPECT TO THE INDEBTEDNESS, LIABILITIES, AND OBLIGATIONS OF THE GRANTEE OR ANY OTHER PARTV. 6.12 GRANTEE'S WAIVEtl OF CERTAIN RIGHTS AN!) ASSEtlTIONS: THE GRANTEE WAIVES AND RELINQUISHES ALL RIGHTS THAT THE GRANTEE MJGHT HAVE TO CLAtM ANY NATURE OF LIEN AGAtNST THE GRANTOR AND THE PREMISES, OR WITHHOLD OR DEDUCT FROM OR OFFSET AGAINST ANY CONSIDEEATtON OR OTHER SUMS PROVtDED HEREUNDER TO BE PAID TO THE GRANTOR BV THE GRANTEE. THE GRANTEE WAIVES AND RELINQUISHES ANY RtGHT, ElTHERAS A CLAIM OR AS A DEFENSE, THAT THE GRANTOR IS BOUND TO PERFORM OR tS LIABLE FOR THE NONPERFORMANCE OF ANY IMPLIED COVENANT OR JMPLIED DUTV OF THE GRANTOR NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. IN TESTIMONY WHEREOF, witness my Iland and the Seal of Office. GRANTOR: THE STATE OF TEXAS ~ E. PA 'TERSON Co mlssione, General Land Office CI Irman, School Land Board Date: ~ \"i?> \ \n API)UOVED: ~~ \{v "f/.ir' ~ Contents: Legal: Deputy: Executive; CL870002 adabney Page 6 CUSTOMER ID: C000000686 SL NewP._4 4 l1.doc GRANTEE: Calhoun County By: (Sign~ vl~ 9- PfJ /11 ,,:/~ H $// ;::1'. 'pf< ~ (Printed Name) ~9cdu (Title) Date: t..f - / / - 13 ACKNOWI,EDGMENT STATE OF ~e.r'<J~___ g COUNTY OF~-,l,l'\l__"_ g This instrument was acknowiedged before me on the --.lL day of ~I 20 I""') ,by lV\~ck\.-ej J. {J(.e'A'er (Ul'llnlee or Agenl Represenllllll'e). +=>- 2 ..dJ___e'o~ (Notary Signat~.c) g . ,\llllil, A\~'tN e~f,"11 SUSA~ RILEY i ~~' '';'''i Notary ?i6~Hci S1.\fiWb'f Texas X~, .' /~$ My Commission Expires ';i~~~j \'\1~"" April 18, 2016 ,..,..,,'0.: Notary Pnblic, State of TvV' tJ\.. -S My conunission expires: If -,~" , I <0 /nformaUoJ1 collected by electronic //toil and by web form is subject 10 the Public htfo!'mation Ael, Chapter 552, Government Code. CL87000Z ndflbncy CUSTOMER ID: C000000686 CntCLAHachA _ 4 4 II.doc ATTAcI~ENTA: CONTROL PAGE GIlANTEE'S NAME Call,oun Cuunty PIlEMISES A portion of State Tracts 240, 241, 242, Espiritu Santo Bay, Barroom Bay, Calhoun County, Texas (the "Premises"). The Premises are ftlrther described and depicted on Attachment B attached hereto and incorporated herein by reference. USE(S) OF PtmMISI~S Authorized Use(s) of the Premises: a channel dredged in two sections to a depth not to exceed -5.5' MHT. Section (I) is approximately 2000' long and 88' wide in State Tract 242, Barroom Bay; and Section (2) is 600' long and 88' wide in State Tract 241, Espiritn Santo Bay for a total encumbrance of 228,800 square feet. Timber markers will be maintained at 500' intervals along the channel In State Tracts 240 and 241 of Espiritu Santo Bay and 242 of Barroom Bay. SPECIAL CONDITIONS l. Grantee is specifically prohibited fi'om using or permitting the use of the Premises for any commercial or illegal purpose. Provided the Grantor does not unreasonably interfere with Grantee's use of the Premises, the Grantor may nse or permit the use of the Premises for any purpose consistent with Grantee's use of the Premises. 2. All maintenance dl'edging activities are to be confined within the limits of the authorized excavation areas. 3. Impacts to seagrasses, emergent marsh, and/or oyster reefs are to be strictly avoided. 4. Depth of the dredged area authorized herein shall not exceed 5 feet below Mean High Water. Over- dredging for advance maintenance is specifically prohibited. 5. Grantee shall notifY the General Land Office, Corpus Christi Field Office in writing at least thirty (30) days prior to undeltaklng any maintenance dredging activities occurring during the term of this contract. 6. All dredged material (spoil) authorized by this instrument shall be placed and contained on private property above the limits of mean high water, and Grantee waiVes any right to claim ownership of Coastal Public Land as a result of artificial acc!'etion caused by deposition of dredged material. 7. Navigation aids, consistent with U.S. Coast Guard guidance, shall be installed and maintained by the Grantee upon completion of constl'Uction. 8. Grantee is required to perform mitigation and/or pay sudace damage fees according to the Grantor's policy in effect at the time damages OCCllI' for any and all surface damages resulting from actions of Granteels employees, conu'actors, and/or agents during the term of this easement. If mitigation is requh'ed Grantee will be notified in writing by the Grantor of the terms and conditions under which the mitigation shall be conducted. Such mitigation and/or payment of damage fees shall be performed in the manner and within the time fi'amc specified in written notice provided by the Grantor to Grantee following said damages. COST OF DAMAGE Five Thousand and Noll 00 Dollars ($5,000) per event. EFFECTtVE AND TERMINA nON DATES This Agreement is for a total period of ten (10) years, effective on April 1,2013, and terminating on March 31, 2023. PA VMENT(S) AND/OR FEE(S) In consideration of the mutual covenants and conditions set forth herein and the public benefits to be derived therefi'om, Grantor and Grantee acknowledge that no rental fees shall be assessed for the described nse of the Premises while Grantee is not in default of the terms agreed upon herein. CLS7000Z adabney CUSTOMER 1D: C000000686 CntCLAttachA_44It.doc ADDRESS(ES) FOR NOTIFICATION Gnmtor's Contact Infonnatioll Name: Texas General Land Office Title: Deputy Commissioner, Professional Services Address: 1700 N. Congress Ave. Address: Austin, Texas 78701-1495 Grantee's Contact Information Name: Calhoun County Address: 211 South Ann Ste 301 Address: Port Lavaca, TX 77979-4249 CL870002 adabl1ey CUSTOMER ID; C000000686 CntCLAttflchA~4411.doc ATTACHMENTB: CL870002 adabney CUSTOMER [D: C000000686 Contract CL AHachA >. (U CCl (U 12 o 0) (U ~ ro 2 ~ Barroom Bay and Espiritu Santo Bay Tide = Normal Visibility = 1'HWIVI ~ Barroom Bay COE Disposal Area 6 ~~. ("f Saluria Bayou ~~/ ~ ~ Mars ~ ~~ Espiritu Santo Bay . , .... ": ;;: ,i~ m" ~ -,\ f:;i '\ t) to n~ <q ~ , (Y) S ~ "'11) ~ :s fi: '-<(I) ::c " ~ O)~ 0 " 15 0! ~ ~/,i/ '*:2 ~ I '" co (r)~ <? "! ~ "! 0> ~ " ~ ;')- Big Bayou .20 . .'0, ."' .....t>.'1-1 nb.\J\ 'Du' .'DOO' ~(),/-.'!>' ",,,,,~ . '1'0, ,\)~ \1'(\ ~-, He~<O 69'- ~?>\~ ' ~88' X -600' ~ -". / . h." ~.,'''''''_,,,. .c aJ;lnel. // ~ fIi ..,,~/. a ~~~-~~-~~~~~~._~~";~; ./ <}. .:') \!i 1% /- . . Marsh Barroom Bay . "~" .-~~-;; . .,' ~"- ii, ~ Intracoastal Waterway Town of Port O'Conner TITLE: Calhoun County (CL870002) COMPANY: Texas General Land Office DRAWING SCALE: Not to Scale DATE OF INSPECTION: 12-12-12 CREATOR: Sbuschang re-drawn fron Veselka 1999 - ----.---- --- --~~- I\J1LJ~ifieC: by RG'1rcia Attachment B Kenneth W" Finster County Commissioner County of Calhoun Precinct 4 April 4, 2013 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for April 11, 2013. . Discuss and take necessary action to declare Park Street in Port O'Connor, Texas as One Way Traffic from Adams Ave. to Harrison Ave. on May 4, 2013 for the Port O'Connor Crawfish Fest. Sincerely, ~U/..#~ Kenneth W. Finster KWF/at P.O. Box 177. Seadrift, TX 77983. emoil: kelllly.fillster@calhouncotx.org. (36]) 785-3141 . Fax (36]) 785-5602 REQUEST TO DECLARE PARK STREET IN PORT O'CONNOR, TEXAS AS ONE WAY TRAFFIC FROM ADAMS AVE. TO HARRISON AVE. ON MAY 4, 2013 FOR PORT O'CONNOR CRAWFISH FEST: Commissioner Finster: At the last meeting it was approved for the Chamber to hold the Crawfish Fest. They are requesting traffic control along the beach which the same type of request as when they have fireworks. It is open ended with the Sheriff's Department on how they want to set it up, we will be furnishing the barricades and they will have officers down there to do it and when to release the one-way. A Motion to approve the request to declare Park Street in Port O'Connor, Texas as one way traffic from Adams Ave. to Harrison Ave. on May 4, 2013 for the Port O'Connor Crawfish Fest was made by Commissioner Finster and seconded by Commissioner Lyssy. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Sent: To: Subject: rhonda kokena [rhonda.kokena@calhouncotx.org] Friday, April 05, 2013 8:35 AM Susan Riley AGENDA ITEM Importance: High Please place on agenda for next week: Consider and take necessary action to authorize County Auditor to advertise for bids for County Depository and Trust Fund Depository. RHONDA S. KOKENA CALHOUN COUNTY TREASURER 2028. ANN ST. PORl'LAVACA,1X.77979 :J61~558-4619 pirone 361M553w4614.fu:r L!njoy lhe IiHle things....For one day you will look back and realize they were the big things. 1 AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR COUNTY DEPOSITORY AND TRUST FUND DEPOSITORY: Rhonda Kokena: Copies of the bid specifications that will be going out are in the Treasure's Office if needed. A Motion to authorize the County Auditor to advertise for bids for County Depository and Trust Fund Depository was made by Commissioner Lyssy and seconded by Commissioner Galvan. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LA V ACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: CALHOUN COUNTY SHERIFF'S OFFICE 2012 ASSEST FORFEITURE AUDIT DATE: APRIL 11,2013 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR APRIL n, 2013 * To approve and take any action on the 2012 Chapter 59 Asset Forfeiture Report for the 2012 annual audit requested by the Attorney General of Texas, Sincerely, J)~~ George Aleman Calhoun County Sheriff 2012 CHAPTER 59 ASSET FORFEITURE REPORT FOR THE 2012 ANNUAL AUDIT REQUEST BY THE ATTORNEY GENERAL OF TEXAS AND AUTHORIZE COUNTY JUDGE TO SIGN: The Attorney General of Texas needs a copy of the audit report (Asset Forfeiture Audit) as pursuant to Article 59.06 of the Code of Criminal Procedure, This report must be filled out and returned each year even if peace officers are not employed or there are no seized or forfeited property. A Motion to approve the 2012 Chapter 59 Asset Forfeiture Report for the 2012 Annual Audit request by the Attorney General of Texas and authorize the County Judge to sign was made by Commissioner Galvan and seconded by Commissioner Lyssy. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. NOTE: If you are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification. CERTIFtCA TION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 or the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter S9 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed. and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): SIGNATURE: -1iJIV~1W-1 "S' t'~v'-' '('V'V,AJvJ 9r ~L- U]-IJ DATE: AGENCY HEAD CERTIFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure oCall proceeds and property subject to Chapter 59 oftbe Code ofCriminaJ Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all infonnation required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. SIGNATURE: ~~~1t(\\flD J ,Q,hFfl:W ~13 AGENCY HEAD (Printed Name): DATE: RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936-1348 kent.richardson(ii1oag,state.tx. us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. F()IlIldaleOIlI8f12 Page 6 ftre~; ... ~J- . > ATTORNEY GENERAL OF TEXAS GREG ABBOTT March 21, 2013 Sheriff Burnard Browning Calhoun County Sheriffs Dept. 211 South Ann St. Port Lavaca TX 77979 RE: Chapter 59 Asset Forfeiture Report Dear Sheriff Browning; This letter is notice to your office that the Attorney General has not received a copy of the audit report required to be completed pursuant to Article 59.06 of the Code of Criminal Procedure. (Asset Forfeiture Audit). This report should have been delivered to this office no later than 60 days after the end of your fiscal year as required in Article 59.06(g)(I) of the code. If your agency is authorized by law to employ peace officers or receive forfeited property (including Constables, lSD's, Fire Departments, County Attorneys, City Attorneys, Marshals, Hospital Districts, State Agencies etc.) the reporting requirement will apply. Even though many agencies do not employ peace officers or seize and forfeit any property, the report must still be filled out and returned to this office pursuant to the statute. If your agency is authorized by law to employ peace officers, but does not employ peace officers or seize and forfeit any property, simply zero out the blanks which do not apply, and return the form to this office. If you cannot locate the form that was sent to you earlier in the year, they are available at our website at www.oag.state.tx.us.ClickontheCriminaIJusticetab.thenonPublications.This will take you to a list of publications, this form is listed as "Law Enforcement Agency Audit Form." Thank you very much for your attention to this matter. Sincerely, KENT RICHARDSON Assistant Attorney General Criminal Prosecutions Division Office of the Attorney General P.O. Box 12548 Austin, TX 78711-2548 (512)936-1348 kent.richardsonCaltexasattorneygeneral. gOV renee. wattsCaltexasattornevgeneral. gOY (512)305-8882 POST OFFICE Box 12548, AUSTIN, TEXAS 78711*2548 TEL:(512) 463-2100 WEB: WWW.TEXASATTORNEYGENERAL.GOV All Equal Employment Opportullity Emp/oyer . Printed 011 Recycled Paper ~tlojt,~ ~ II I I FY 2011 CHAPTER 59 ASSET J'ORFEITURE REPORT BY LA W ENJ10RCEMEN'!' AGENCY Agenoy Name: Calhoun County Sheriff's Office Report/nl PerJodl 0J/01/2011 to 12/31/2011 (Jocalfhro.J)'Clr) AgertoyMalJlng 211 S. Ann St. oxample: 01/01/11 Jo 12131//1, Ad"""" 09/01/l01.08IJt/lI.Io, Port lavaca, Texas 77979 Phono Numbor: 361553-4646 County: Calhoun IbnallAddnul: Thl. ahould bel. Iisa,muslUave@calhouncotx.orp; pilnDanonl .aeno)' omalladdresa NOTBI PLBASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLB DOLLAR, I, Sl!IZBD J1VNDS A) BeginnfngBaJlJlllO: In.trucHon'l Jnotudo tOl81 amount ofolzcd ftutdlloll J1uDd (In your agonoYI pouesslm) at halnnlns otroportlng period. Inoludo fundi that may hllvo boon torfolfcd but havo lIot been tranatbrted 10 )'Our agonoy''' forfeiture account. Do not InoJudo fundi that Ire In In 10,865,00 account hold by .nother 'aonoy, o,g., Iho DIstriot Attomoy', account. $ B) 8olzul'el Durlna Reporting PerIDd: la.tluctionl' Inoludo only thogo llcJZURS whlok ocourred durlng tho reportIng pedod and whoro thcaeJzulC I1mdavJtrequlrcd by Artlole 59.03 Is lwom toby. peloeofflClIremptoyed by your Ilgon01, I) Amount lelzed and relAined In )'Ouraaclnoyl8oullody. $ 11,845,00 2) Amount .elled Ind lranaferred to lhe DI.lrlol Altoml)'pllndlng forMtnro. $ 0 C) Intern! Hamed on Seiad Funda During Repo111ng Poriod: Indruodo..1 linter amount oClntlRlt llllDled on Rmd. In your agenotl lelzul1l acoount dudng tho reporting period. Do not include Inretelt Cimed JfiUnda are on dllp08lf In an 0 account tblt doc. not botong to your '8M0)'. e,.. IhtI Dlslrict Al1omo1'sBcoounr, $ D) AIRount Rorumed to Defimdanl&lRlI!pondllntll $ 0 B) Amount Tnw&md to Forfeiture AcGOuntl In.'ru(!ffonlllnoJudoallslJKlUnll In youugllnoys poJlloulon tbrfelted during thorepo"lna pllrfod .nd ftflnafll"ed to )'Our forAlturo aGcGunt, Do not lnohldo funds lhat llro In all 1,549.00 accounl hold by anolher "genoy, e,g. tho DJslrtct Allomerl Recount. $ P} Bndlng Balance: 21,161.00 (n,'ructfonsl Add linea Al B(l), and C, .ubtraolllnlll D and B, put tolal In IIno F, $ PQrmD.lI.6II4I11 l"I.J II, BORFIllTED BVNDS A) Boalnnf"a: B,'.noo: InlttUGtloDII Inolude tot.1 .mount of forfoJted flmd. that haytl been f'tufoltcd 10 your AiMe, Ind Ita 011 band (In )'Our Ijonoy'lllocnunl or In )'OUr 18ClIO"!1 poulU,lon) at hClslnnlns oflhol'Clportfng p,dod IRctudloJ lntorOlI. Do not Jnoludo fUnda fhath,vo been 1,843,00 tbrtIJllod but notyolrcoelv'" byyou"g...y. $ B) Amount Forfclted to one! Re<atvcd by Reporting Ag..oy (Inotudtng tn"rut) During R,ponlng P.riod: In.frU(ltlonn Do not IlKlfudo 1ImOW1t1 t<<ftlllcd but not yet reoa!wd by your Ilgenoy; Jnllll'clt Rlf'm to Ihe .mount <<I.med pli" to forfillturo Ind dl,tribulcd II Pllt of the 1,549.00 judgm'lII otfortIJllUro. $ C) lntcnl&t Bamed on Fortclled Fund. DudnS ReporUng Ptlltod : Indruedon.. Inorude only tho amount of lnfotlllt urned on Arndt In YOllr Ilgenoy. tbrfohuro lcoount or Inteml a.med on fund. dctlved 4'om tho ..10 of fbrndCed proport)' during tho reportln. perJod. Do not InoJudolnlCll'O,1t earned It lbndl Ire on dePOIJt In lU1 $ ItClcount Ihlt dOOl not bolonS to your Isenor, 0". Iho DI.ldot Altomoy"llooounl. 10.00 D) Proceod.Re<lelved by Your AgcllloyFrom SaloofPodWtcd Propert)': Inlfrucdon.1 Inolude lmounll1'C<leJvcd for all PIO,perty lold dUrin, tho reporting perIod, 0 GVM lttho .ubJ"t property WIl. tbdeited In a prior taportlng porfod. $ B) Tollll Bxpcndltm'Ol ofFotfoltcd Fund. DurlnS Report/as Pmod: 'nllruetfon" From TOIIlI on Se<ltlon VI. $ 244.00 F) find'ng BIllallco: InltruOtion.: Add linea A Ibrouah D, lubtract line B, placo tol.1 tn Jlne p, $ 3158.00 ilL omERPROPERTY 'n..nldlonll U" tha .D\unber otltoms .elzed for the folfowlngolt.gorleJ. lnoJudo only IhOlO .oJZUI'Cl whore. rolzul\t fa made by. pClCG 01llller employed by your agenoy. It proporty IIlIOld, Jilt undllr IIProcll~dl Received by Your Agenoy Prom Salo ofPorfolled Ptoperty" JlI Seolfon n (0) In Iho rcporHngyear In \vJlloh II>> proccct.l'llrercooJved. PlfI.. note . fhl. .houJd b. . number no' a SBIZBD FORPBITBD TO RIlTURNEDTO PUT INTO USB (Ill1'1'eno)' AmOllnt. SXAm,le 04 eDr. IOlIod, 3 ur. AGBNCY DIlI'IJNDANTB/ BY AOBNCY COl'leJfed and 0 elf. put '"to UfO. RHBPONDBNTB I) MOTOR VBHICLBS (lnoludo ClrI, motoroyolOl, 2 2 1 Iraclorllllfm,efCI.) 2) RBAL PROPBRTY (Count ,ach pam.I,,'''''.. onClflom) 3) COMPlJTBRS (lnolud. oomputot and .<<.,b.d 8)1temcomponontl,luch Ilprlnfcl1andmonltoll, II onoJtem) 4) FiRBARMS (lnoludo only flmrml lehed for for/otlum undcrChapta' .$9. DonmJnoJudo Wt'apon. dt.poocd .odor Chopt" la.) 5) Other Prnporty. D..,rlpUon: Olher PlOpCI1)' wDuorlplJon: Olhcr Proporty -DoaorJpllW1: FOIlllo...NJ<UIJ '.... IV, V. C) D) 8) VI. FORF811'llD PROPllRTY RECllIVllD PROM ANOTHllR AGllNCY fn"fuellod,: Bnrer Ih!, tol.1 number ofllClm.,mn.remd toyour llpttoywhol'O tho ForrelturoJudgmel1llwarded oWl1erahlp orthe property to lnolher .gcncyprlor to lhotranllllr. A) 0) C) D) B) MaIOI' VchloJet (the number ofvchloJea, not I ourrcnoy amount): Real Property (rho numberofSllplll'Bto parcollofprojJllJty, nol aounenoy .mount): Computcn (tho number otcomputoll, not I oUl1'Oncy amount): FlmODI (llto number ottJl'Olnn~ not I oUrtt!tl.oy amount): Olher (tho numbcrot ltomlt, not a currenoy amount): o o o o o A) 0) FORFlllTJlD PROPllRTYTRANSJ1JlIIllED OR LOAmD TO ANOTHER AGllNCY Ialfraetfou: Bnler tho lohll number of ltema Irtn,ferred or loaned tom )'OUr Ilgcnoywhcro tho tbrfoltunl Judgment awarded ownenhlp allho property 10 your agency prIor to tho tnn.for. Motor YehloJ" (tho number ofvehJo1tl~ not I ourrcnoy Imount): o o Roll Proporty (Iho nUlDborofllop.rato paredl. of property, not a ouneno)' amount: o o o o Compute,. (Ihe numbu ofcompuoo, not. oul1lltloy lmounl): Firearms ( the number offlrelrml, not a oUlTCOOyamount): Othor(lhe number ofltOn\l, ItDt a oumnoy amount): EXPENDITURllS Inlfruoftonll '11111 etlegoty I. tbrChflptel' 59 expendlturu SOLELY lor law llnfotllllmtnt purjloJ" ~ nollbr oxpandllul'Ollnldo pUflluml to your gMend budget. LIlt the totll amount expended ror elch of tho followfna calegorles. If prollCedl Ire oxpendcd tor I Cl1esoJy nol U'lcd,.tatCltho amount and n.rure of tho expenditure: under tho Other clleBOIY, A) SALARIES I. more.lo ofSalllry, BxpenlO, or AlloWlnco tor Bmployees (Balary Supplements): $ 0 2, S.I.I)' BudSel<d Solely P""o PorfillJ,d Fundo: $ 0 3, NumbcrotllmplOl'!" raid U,II1J r,rfilltunl Funda, 0 TOTAL SALARIIlS PAID OUT OF CHAPTIR S9 FVNDSI $ o 8) OVERTIME J. For BmploYeeI Budgeted byOovomlng Body: 2, Fur IlmptO)'<Ol Budgclad Bul.t,.., ntP,ri1lJlUm Fund" 3. Number ofBmplo)'UI Paid U.fns Forfolturo Fundt: TOTAL OVERTIME PAm OUT OF CHAPTllRS' FUNDSI PGmI Duo UloCIU $ 0 $ 0 o $ o r.... C) EQUIPMENT I, Vehfcles: $ 0 2, Computen: $ 0 3, Flro.tm'J VOJtI, POl'lOnal Bquipment: $ 0 4, Furniture: $ 0 3, Softwlro: S 0 6. M.lnt(lnlnCD Coate S 0 7, Unllbnno: $ 0 S, K9 Retared COllll: S 0 9, Olhor (Provtdo OctaD 011 Addition" Shool): S 0 TOTAL BQUlPMBNT PURCHASBD WITH CHAPTER 5911UNDS, $ 0 D) SUPPLJIB I. Ofltco SUppJlOl: $ 80.00 2, CcUuJ.r Air 11mo : $ 0 3, Internet: $ 0 4. OthOl' (provldoDorall onAddltlon.t Sheot) I $ 0 TOTAL SUPPLIBS PURCHASBD WITH CHAPTER 59 FUNDS' $ 80.00 E) TRAVIIL 1, Tolal In Btale! Travet $ 0 ,) Lodslns: $ 0 b) Air V,"" S 0 0) Moo'. (Inoludtns per di,m): $ 0 d) Car RcnflJ: $ 0 2. ToflJ Oul of8tlto Travol $ 0 ,) Lodalns: $ 0 b)AlrF,ro: $ 0 0) MeDia (fnoJudingpordi,m): $ 0 d) Cor Ren..i: $ 0 3, Pool: $ 164.00 4, Parking: $ 0 ronnD-*61WII '1114 S. Olhor (PlOvldo Detail on Addlllonal Sheet): TOTAL TRAVEL PAID OUT OF CHAPTER 59 FVND81 $ o $ 164,00 P) TRAINING I. PeoI (Conr.rencOI, SemInltJ): 2. Materlall (Boob, CD.. Video.. lite.): 3, Ot~... (Provldo 001.11 on Addl"...1 Sheot): TOTAL TRAINING PAID OlFr OF CHAPTER 59 FVND8 $ 0 $ 0 $ 0 $ 0 G) INVEBTIGATIVE COSTS I, InfOnnlllttCol'.1 $ 0 2. Buy Manor. $ 0 3. LAb Bxpenlll': $ 0 4, Othor (Provldo Dot.1I OIl AddtHonJJl ShoOl): $ 0 TOTAL INVIlSTlGATJVB COSTS PAID OUT OF CIlAPTBR 59 FUNDS' II) TOTAL PREVENTIONITRBATMBNT PROGRAM8/FINANCIAL A881STANCE I. Toto' Provontlonll'rc8tmOll' Progmma (punuont to 59,06 (h), (l), 0): $ 0 2- Tolal Pinlno!11 Alal'lllAcO (pUnulot to ArdoiN '9.06 (n) and (0)): $ 0 TOTAL PREVENTION/TREATMENT PROGRAM8/FINANCIAL A&~I8TANCE (pur...nt.o ArU,t.. 59,06 (h). (I), OA (n), (0))' $ 0 $ o I) FACJLITYC08T8 1. Bulldlna Pwohaso: 2. LeniG Paymenta: 3. Relllodellna: 4. M,'linfennttce emlll " UlllItI.., 6. OIhot (Provido Do~1I on Addltlonol Shoot): TOTAL FACILITY C08TS PAID OUT OF CHAPTER 59 FONDS, $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ o I) MISCIlLLANEOUS FEES I. CcurtColfll 2. Piling Pea: $ 0 $ 0 P_Dat.dlJ4II1 ..... 3. fnaul1nco: $ 0 4. WltneslFcOl: $ 0 5. Audit Cosll and Pees: $ 0 6. OthOf' (provldo Detail 011 Addlllonll Sheet): $ 0 TOTAL MISCELLANROUS FEES PAID OUT OF CJ/APTER 59 FUNDS, $ 0 K) TOTAL PAID TO COOPE1lATING AGENCY(lES) Pl!R8UANT TO LOCAL AGRBBMENT, $ 1,032.00 L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provld. d.t.lI.d de.crJptfon. on addJdoDa..heelCr) and attach to fbi, report)1 $ 0 M) TOTAL BXPIlNDITUlUI8I $ 1,276,00 NOTE: If you are gov.rn.d by a Comml..lonero Court or a Clly Council, BOTH CERTIFICA TIONS MUST BE COMPLETED. Otherwl.e, pl.... .ompl.,. the As.ney He.d C.rlln.aUon. CBRTIFICATION r swear or aftl1'm that the COMJnls/Jlonora Court or elly Counoil ha. conduoted tho audit requlrod by Artiole 59.06 oitho Coda ofCdmioal Prooedure) unlou aftor due JnquJry,ltha. been determIned that no acoounts. funds or otherpropody pursuant to Chapter 59 ofrha Code of Criminal Prooedure are being hoJd or have been transRcted in tho relevant fIlcal y..r by Iho .sonoy for which thl. report I. beins compl.t.d. .nd that upon dllls..tln.pootlon of.ll relev.nt dooument. and supporting materials, I believe that this Bsset foriblture rClporl Is true and oorreot and contains aU of the requlrod InformaUon. COUNTY JUDGB, MA YOR or CITY MANAGER (Printed Name): SIGNATURB: DATE: Mike pfeifer February 10, 2012 AGENCY HEAD CERTIFICATION J swear or affirm, tinder penally of perJury, that J haYCI accounled for the seizure, forfeiture, reoelpt, and specifio oxpendlture of all pro.eedaand property .ubject to Chaptor 59 of the Code oCCrlmln.1 Procedure. and th.t upon dlllgent Inspection ofalt relevant documents and supportIng materials, this ISsot forthlture reportls truoand oorteot and contain..- all laform.t1on required by ArUole 59,06 of tho Codo of Crlmln.1 Prooodure, I fUrthor .woar or .ffirm th.t .11 expondJlure. reported herein wero Inwful ond proper, and made in aooordanoe with Texaa law. AGBNCY HBAD (Printed Namo): SIGNATURB: RR Brownin~ JI.111IDMd/WII ,... , DATB: February 10, 2012 RETURN COMPLETED FORM TOI om.. oftho AllornoyOon.ral Criminal ProsulIutloRs Division P.O. Bo. 12548 Aulllo, TX 78711-2548 AUn: Kent Richardson (5J2)936-1348 kO:II t.rlchardson@oaa.slatc,tx.us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. FonnDf,ltid,lWII .....' CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LA V ACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 . MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: BUDGET AMMENDMENT DATE: APRIL 3, 2013 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR APRIL 11, 2013 * To acknowledge the increase of the Calhoun County Sheriff's Office Forfeited Property Fund-Capital Outlay (2860-999-70750) in the amount of $20,328.00 and a decrease in the Calhoun County Sheriff's Office Forfeited Property Fund-Fines (2860-999-45060) in the amount of $20,328.00 to cover expenditures. Sincerely, J)~~ George Aleman Calhoun County Sheriff ACKNOWLEDGE THE INCREASE OF THE CALHOUN COUNTY SHERIFF'S OFFICE FORFEITURE FUND - CAPITAL OUTLAY (2860-999-70750) IN THE AMOUNT OF $20,328.00 AND A DECREASE IN THE CALHOUN COUNTY SHERIFF'S OFFICE FORFEITED PROPERTY FUND - FINES (2860-999-45060) IN THE AMOUNT OF $20,328.00 TO COVER EXPENDITURES: A Motion to acknowledge the increase of the Calhoun County Sheriff's Office Forfeiture Fund - Capital Outlay (2860-999-70750) in the amount of $20,328.00 and a decrease in the Calhoun County Sheriff's Office forfeited Property Fund - Fines (2860-999-45060) in the amount of $20,328.00 to cover expenditures was made by Commissioner Finster and seconded by Commissioner Lyssy. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. BUDGET AMENDMENT REQUEST To: Calhoun County Commissiners' Court From: 3 ~e-n~'r\s Of-\='\ C~ (Department making this request) Ll\3\\~ Date: I request an amendment to the .;J 0 l::) budget for the following line items in my department: (year) GL Account # Account Name (:)'3.(DO ..qqq -701150 C',CfllL OlL-\-\C,,\ lIen Q\: \~O\~CIW (()OU~~UJ"C\ (7( '7:,w(J~qq -- lj. SelDD \=:-\ nt'..S S'il",-. nW "i',Kl-$.d \-",r'I,~t" -\.D:"'Cl . \ Net change in total budget for this department is: Amendment Amount Reason $ dO 3;))500 I $ $ < ~O, 3J,\S 00) $ $ $ $ $ $ $ 04SP:\- t y. $(~.f\c,e.s $0.00 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. f\~ ~ Signature of Official/Department Head: c!:::J Date of Commissioners' Court approval: Date posted to General Ledger Account (s) Page 1 of 1 Jenny McGrew From: Cindy Mueller [cindy.mueller@calhouncotx.org] Sent: Tuesday, April 02, 20134:18 PM To: Jenny McGrew Subject: Forfeited Property Fund budget Attachments: Fund 2860.pdf Jenny, 2860-999-74050 Capital Outlay is overdrawn after posting checks written in January for cell phone and in February for cameras and rifles. Note that the expense increase can be offset by corresponding increase in revenue for 2860-001-45060 Forfeitures-Other. Please place item on agenda for commissioners court to acknowledge Sheriffs amendment of his Forfeiture Fund budget per statute. Cindy Mueller Calhoun County Anditor 202 5. Ann, 5ulte B Port Lavaca, TX 77979 Phone 361.553.4610 Fax 361.553.4614 4/2/2013 COUNTY REPORTS: The following monthly reports were presented: 1) Calhoun Tax Assessor/Collector: February 2013 2) County Clerk: March 2013 3) Justices of Peace: i. Justice of the Peace #3: March 2013 4) Calhoun County Extension Service: March 2013 A Motion to approve the County Reports was made by Judge Pfeifer and seconded by Commissioner Lyssy. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor, SUMMARY TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT FOR: FEBRUARY 2013 COLLECTIONS DISBURSEMENTS Title Certificate Fees $ 7,943.00 Title Fees Paid TXDOl $ 4,938.00 Title Fees Paid County Treasurer Salary Fund $ 3,005.00 Motor Vehicle Registration Collections $ 139,594.02 Disabled Person Fees $ 30.00 Postage $ 199.00 Global ADDITIONAL COLLECTIONS $ (0.05) Global Fees In Excess of Collections Paid TXDOT $ 28,272.67 Paid TXDOT SP $ 812.42 Paid County Treasurer $ 104,242.72 Paid County Treasurer Salary Fund $ 5,752.14 DMV CCARDTRNSFEE $ 743.07 $ GLOBAL Additonal Collections $ 8.25 $ GLOBAL (IBC) Credit/Debit Card Fee's $ 420.43 GLOBAL Fees In Excess of Collections $ 322.59 Motor Vehicle Sales & Use Tax Collections $ 485,404.08 Paid Stale Treasurer $ 485,404.08 Special Road/Bridge Fees Coliected $ 22,170.00 Paid TXDOT w RIB Fees $ 665.10 Paid County Treasurer w RIB Fees $ 21,504.90 Texas Parks & Wildlife Collections $ 3,243.00 Global Fees In Excess/Shortage of Collections $ (41.30) Paid Texas Parks & Wildlife $ 21918.70 Paid County Treasurer Salary Fund $ 324.30 Global Fees In Excess/Shortage of Collections $ (41.30) State Beer & Wine Collections Month of FEBRUARY $ State Beer & Wine Collections $ Paid Tx AlcoholJc Beverage Commission $ Paid County Treasurer, Salary Fund $ County Beer & Wine Collections $ Paid County Treasurer, County Beer & Wine $ Paid County Treasurer, Salary Fund $ Renewal Fees for County Beer & Wine $ Paid County Treasurer - Renewal Fel $ Additi<;lnal Postage ~ Vehicle Registration $ 15.85 Paid County Treasurer - Additional Postage $ 15.85 Interest earned on P&W $ 2.45 and $ 2.45 Refund , Accounts Paid County Treasurer - lnt. on P&W & Ref $ 2.45 Interest earned on Office Account $ 448.16 Paid county Treasurer- Nav. East $ 1.53 Paid County Treasurer - all other districts $ 446.63 , Business Personal Property - Misc. Fees $ 4,454.14 Paid County Treasurer $ 4,454.14 EXCESS FUNDS $ 303.73 Paid County Treasurer $ 303.73 Overpayments $ 14,520.29 Current Tax Collections $ 300,202.87 Penalty and Interest ~ Current Roll $ 15,012.85 Discount for early payment of taxes $ Delinquent Tax Collections $ 25,037.48 Penalty & Interest - Delinquent Roll $ 8,597.11 Collections for Delinquent Tax Attorney $ 5,049.08 Advance w FM & L Taxes $ Advance - County AdValorem Taxes $ 336,806.41 Paid County Treasurer - Nav. East $ 1,706.76 Paid County Treasurer - all other Districts $ 24,857.43 Paid County Treasurer- Dellnq Tax Atty. Fee $ 5,049.08 Payment in Lieu of Taxes $ Paid County Treasurer - Navig. East $ Paid County Treasurer w All other Districts $ Boat/Motor Sales & Use Tax Collections $ 22,040.81 Paid State Treasurer $ 20,938.77 Paid County Treasurer, Salary Fund $ 1,102.04 Special Farmers Fees Collected $ 75.00 Paid State Treasurer, Farmers Fees $ 75.00 Hot Check Collection Charges $ Paid County Treasurers, Hot Check Charge $ Overage on CollectionfAssessing Fees $ PaId County Treasurer, overage refunded $ Escheats $ PaId County Treasurer~escheats $ TOTAL COLLECTIONS $ 1,054,301.57 BAL FORWARD JANUARY 2013 STATE/COUNTY BEER AND WINE COLL'S $ BAL FORWARD FEBRUARY 2013 STATE/COUNTY BEER AND WINE CaLL'S $ TOTAL COLLECTIONS/INCLUDING CHANGE IN BEERANQ WINE BALANCE FORWARD $ 1,054,301.57 TOTAL DISBURSEMENTS 1,054,301.57 TOTAL OF ABOVE RECEtPTS PAID TO STATE AND COUNTY $ 1,054,301.57 ~~J /L&~ , GLORIA A. OCHOA Tax Assessor~Collector M\11A,..~~ . Ie A J. PFEIFER County Judge ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION OFFICE FUND - MARCH 2013 CIVil FUNDS Countv Fees County Clerk's Fees Recording Probate Civil Total County Clerk's Fees Judge's Fees Probate Civil Total Judge's Fees Probate Fees (Education Fees) Sheriffs Fees Jury Fees Law Library Fees Beer Licenses Appellale Fund (TGC) Court Reporter Fees Civil Indigent Fees Record Management Fees (County Clerk) Record Management Fees (County) Security Fees (County) Bond Forfeitures Subtotal County Fees $11,692.80 200.00 520.00 $12,412.80 22.00 22.00 25.00 200.00 0.00 630.00 0.00 90.00 270.00 200.00 1 ,795.00 100.00 467.00 0.00 $16,211.80 State Fees Judicial Funds (CV$1068 + PR$410) Marriage License Fees Birth Certificate Fees Total State Fees SUBTOTAL CIVIL ESCROW ACCOUNT I APPEAL JP#l TOTAL CIVIL FUNDS COLLECTED 1 ,476.00 535.00 108.20 2,117.20 $18,329.00 $18,329.00 $18,329.00 CRIMINAL FUNDS Total Criminal Court Costs & Fines & Pre-Trial Diversion TOTAL FUNDS RECEIVED (As per ACS Report) Bank Interest Earned $9,185.80 TOTAL FUNDS RECEIVED $27,514.80 Less Refunds for Overpayment of Filing Fees ADJUSTED FUNDS RECEIVED Plus Re-Deposit of NSF Checks (Not recorded In ACS) Co. Clerk Check AMOUNT DUE COUNTY TREASURER I $27,514.80 I ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (con't) OFFICE FUND - MARCH 2013 DISBURSEMENTS CK# Pavable To Descriotion Amount TOTAL DISBURSEMENTS $0.00 CASH ON HAND OFFICE FUND Beginning Book Balance Funds Received Disbursements Plus Redeposit of NSF Checks Less NSF Checks Ending Book Balance $0.00 BANK RECONCILIATION. OFFICE FUND Ending Bank Balance Outstanding Deposits*'" Outstanding Checks** Plus Other Items** Less Other Items*'" Reconciled Bank Balance $0.00 ---..-....-...-..-....-....--.-....-....-...-..-....-....-..---..-....-....- ..-.--....-....-....-....- CASH ON HAND. TRUST FUND Beginning Book Balance Funds Received Disbursements Ending Book Balance $26,311.92 BANK RECONCILIATION TRUST FUND Ending Bank Balance Outstanding Deposits*'" Outstanding Checks"'* Reconciled Bank Balance $26,311.92 0.00 0.00 $26,311.92 $26,311.92 USee Attached / /l../ " ,,'---'" .."....-' (/ 0'~e-.t..'-Z,,-/ <::.1 /(c~..k-a-_. SUBMITTED BY: Anita Fricke, County Clerk 03/26/2013 Money Distribution Report JUDGE GARY W. NOSKA JP3 MARCH MONTHLY REPORT 2013 Page 5 ------------------------------------------------------------------------------------------------------------------------------------ The following totals represent - Cash and Checks ColLected Type Code Description Count The fol lowing totaLs represent - Cash and Checks CoL Leeted COST CCC COST CHS COST CJOO COST CVC COST OPSC COST FA COST IDF COST J CO COST JCPT COST JCSF COST JPAY COST JSF COST LAF COST SAF COST SUBC COST TF COST TFC COST TI ME COST WRNT FEES CI FF FEES CSRV FEES CVFF FEES DOC FEES OF FEES OFF FEES EXRF FEES JCMF FEES SF FINE DPSF FINE FINE OPMT OPMT CONSOLtOATEO COURT COSTS COURTHOUSE SECURITY CIVIL JUSTICE DATA REPOSITORY FEE COMPENSATION TO VICTtMS OF CRIME OMNt FUGITIVE APPREHENSION INDtGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY JUDICIAL AND COURT PERSONNEL TRAINtNG JUSTICE COURT SECURtTY FUND JPAY DtSTRICT JUDGE PAY RAISE FEE JUROR REIMBURSEMENT FEE SHERI FF' S FEE DPS SUBTITLE C TECHNOLOGY FUND TFC TIME PAYMENT FEE WARRANT FEE CtVtL INDIGENT FILtNG FEE COLLECT tON SERVtCE FEE CtVAL FlUNG FEE DEFENSIVE DRIVtNG DISMtSSAL FEE DEFERRED FEE EXPIRATtON RENEWAL FEE JUVENILE CASE-MANAGER FEE SERVI CE FEE DPS FTA FINE FINE OVERPAYMENT The foLlowing totaLs represent - Transfers Collected Money Totals COST COST COST COST COST COST COST COST COST COST COST CCC CHS CJDD CVC OPSC FA IDF JCO JCPT JCSF JPAY CONSOLIDATED COURT COSTS COURTHDUSE SECURITY CtVIL JUSTICE DATA REPOStTDRY FEE COMPENSATION TO VICTIMS OF CRtME OMNt FUGITIVE APPREHENSION INDIGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY JUDICtAL AND COURT PERSONNEL TRAtNING JUSTICE COURT SECURtTY FUND JPAY DISTRICT JUDGE PAY RAtSE FEE 55 55 39 1 10 1 54 1 1 54 54 54 9 46 40 54 41 20 9 2 8 2 9 1 4 1 4 2 1 40 1 65 Retained 208.24 160.90 0.37 1.50 99.00 0.50 10.33 0.02 0.10 51.63 30.9B 20.36 45.00 174.54 56.54 206.54 116.07 220.43 450.00 0.60 717.00 50.00 89.10 20.00 487.60 20.00 20.00 150.00 290.00 3,767.45 5.00 7,469.BO o o o o o o o o o o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Disbursed Money-TotaLs 1,874.16 0.00 3.30 13.50 201.00 4.50 92.94 0.23 0.90 0.00 278.83 183.20 0.00 43.63 1,074.17 0.00 0.00 220.44 0.00 11.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,002.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,OB2.40 + I';;II),\>O':::~, 0;).0... '~~ 160.90.j.. q,QQ", I(,~, I 3.67 -I- .30'::: 3, "ti 15.00 300.00 5.00 "- 103.27 + ~,O'J::: 0.25 1.00 51.63 + 309.Bl + 203.56 + 45.00 218.17... 1,130.71 f- 206.54 t 116.07 Ii- 440.87 450.00 12.00 717.00 50.00 89.10 4~~:~~ 1- 5.!{,CfU:: 5I")lj,SO 20.00 20.00 150.00 290.00 /[}5,I(O,:: .31 q Q.I ,!:l6- 3,767.45 t 5.00 /'09,1},'7 J.O'0::: 1 j;.C();; i-;l.CO':'- 54,(,,3 :)CJ.'l,'d1 ",IS,~1. 15.M;'- .9,03,1'7 <10.00;: 111l-G10 "I .::t.<t>-" s.t~,3'4 q ,O!.fr '1:;\.5 [)? q;'I(.,'1~ 1 /535.DO 1 ,472.00 V '\).,cP1,Ob I 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 EXTENSION March Commissioners Report March 1 st - Matagorda Co. Livestock Judging Coutest The agent traveled to the Matagorda County Livestock Judging Contest in Bay City. The contest was attended by twelve individuals, and they represented Calhoun County well. The Junior Team placed 4th in their division. March 3rd - Victoria Co. Livestock Judging Contest Charles traveled with the Judging Team to the Victoria Co. Judging Contest. Out of a large contest with high scoring, both teams ranked in the top ten. Multiple Calhoun County youth also placed in the top ten individuals. March 7th - Beef Cattlemau's Banquet Charles helped coordinate the Beef Cattleman's Banquet. He coordinated with the 4-H Ambassadors to serve plates and dessert to the attendees. The agent also assisted the cooks with preparation and cooking of steaks and sides. March 7-15 - Houston Livestock Show and Rodeo Charles helped other families with their Market Steers and Market Hogs for the Houston Livestock Show and Rodeo. Calhoun County youth had two steers place in the top three in their class, as well as a pen of boilers also make the sale. The youth represented Calhoun County well. March 22nd - Refugio Co. Special Needs Livestock Show Charles assisted the Refugio County Agent with their special needs livestock show by serving as a judge. This program gives the opportunity to show a sheep or goat to young people with special needs. Each young person is paired with a 4-H member to serve as a buddy. It is a great program to increase agricultural awareness. March 23rd - Calhoun County 4-H Fashion Show Charles and Tina helped coordinate the County 4-H Fashion Show. Over 10 young people participated in the Fashion Show by purchasing or constructing an outfit. The contestants visited with the panel of judges before showcasing their outfits for the audience. The young people did a great job and will compete in the District 11 Fashion Show on April 2ih in Victoria. March 25'h - Council and P ALA Meeting Charles met with the 4-H Council and Adult Leader Association. They discussed upcoming officer elections, scholarships, and the raffle fundraiseI'. March 26 - Junior Livestock Committee Meeting Charles met with the Junior Livestock Committee to look over the 2013 Rule Book one final time before it is approved and distributed. The committee voted and approved the Rule Book for the 2013 Calhoun County Fair Junior Livestock Show. Upcoming Events April 2nd - CCF Steer Tag-in April 3rd - 4-H Beef Quizbowl Contest April 6'h - Challenger League Volunteer April 11 Ih - District 11 Consumer Decision Making Contest April13lh - District 11 4-H Roundup April 18'h - Calhoun County Sheep and Goat Clinic April 20lh - District 11 4-H Livestock Judging Contests April 22nd - Council and P ALA Meeting April 27th - District 11 Fashion Show Out of County Travel 3/1 - Bay City -Judging Contest - 110 miles 3/3 - Victoria -Judging Contest - 56 miles 2/7-2/15 - Houston - Livestock Show/Judging Contest - 244 miles 3/22 - Refugio - Special Needs Livestock Show - 115 miles Travel- 525 mi Contacts Office - 102 Phone - 150 Sites - 45 Mail/Email - 700 By Volunteer - 210 ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled 32.14 Selected maior activities since last reoort- March 2013 March 1: Attended the Texas Human nutrition Conference in College station. March 5: Started working with First United Methodist Church on Step up to scale down. We had eight participants sign up March 6: We held our first 2013 Car seat Check at the Bauer community center. We 10 individuals who stopped by to have their car seats check by technicians. I'm also pleased to announce that in collaboration with the Calhoun County EMS we will have a distribution. March 12: First United Methodist Church Scale up to scale down. We had 8 participants. March 18: Went to J.R.Elementary and did a presentation on Character building with the 2nd graders/ March 19 Went to J.R.Elementary and did a presentation on Character building with the 3rd graders. Also, went to First united Methodist church and had our presentation on Step up to scale down. March 20: Went to J.R. Elementary and did a presentation on Charter Building with the 41h graders. March 21: Went to J.R. Elementary and did a presentation on Charter Building with the 51h Graders. March 25: Traveled to Hallettsville, TX to Judge the Lavaca County Fashion Show. March 26: Calhoun County Held the D-11 FCS Meeting here at Texas Traditions. We had Rhonda Cummins present on Trash along with a Field trip to Big Bear Seafood. Direct Contacts: Phone: 130 E-maiIlLetters: 145 Office: 30 Site:15 Website/Newsoaoer:4600 Volunteers:3 Maior events for next month April 2013 First Methodist Church Program Excellence Academy in College Station Car Seat Tech Training in College Station TEEA Spring Conference Consumer Decision making in Hallettsville Lunch N Learn TEEA Meeting SHAC Meeting Food challenge state meeting Fashion Show meeting Travel(Personal Vehicle) In County Mileage: JR Elementary:(4)10.56 :3/18,3/19,3/20,3/21 Wal-Mart (3): 13.02 3/4,3/12,3/25 Texas Traditions(2):8.56: 3/5,3/26 Out of County Mileage: Hallettsville: 150.53 Tina Trevino & ~ Name Calhoun County Countv Extension Aaent-Familv and Consumer Science Title April 2013 Date (Month-Year) Texas A&M AgriLife Extension Services' College Station, Texas Extension Activity Report to County Commissioners Court Selected major activities for March 2013- 3/4 - Office conference held to discuss scheduling and upcoming events. 3/7 - Calhoun County Cattleman's Association held their annual banquet. Dr. Joe Paschal was a guest speaker next to our county Marine agent, Rhonda Cummins. The banquet was attended by 54 local producers. 3/13 - Planted the Calhoun County milo test plot with producer Sam Nunley. Ten varieties were planted, and will be showcased at the crop tour in June. Contacts Office - 64 Phone - 8 Site - 8 Total- 80 Mileage Personal Vehicle: In-county: 76.6 Out-county: 185.6 Personal Total = 262.2 Total = 262.2 Major events for next month - April 2013 4/9 - I will be doing a presentation on insects for the Mariner 4-H club. 4/16 - Cotton variety trial should be planted around this date, weather permitting. 4/23 - Cattleman's Association meeting to discuss upcoming programs. futEnD1!mJ:?9IsJS'L_ Name _ ..~._._C1!Lh.9Y!l...._.___.._..._ County QS)I.:)l.glt\lJl.tlJI1!LB~sQu.Ic:.@s Title .___APliL~Qt~ Date ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled 451.4 Selected maioI' activities since last report March I: Project Learning Tree Training was conducted by the Texas A&M Forest Service at the Nueces Delta Preserve. Cummins attended to learn about various environmental education activities for children in kindergarten through eighth grade. The program and materials are excellent. March 4: Cooking with Seafood was hosted by Tina Crow at the Bauer Community Center. Eleven participants attended. The next demonstration will be held at the Fairgrounds on April 8th. March 5: Cummins met with the G3 students at Travis and shared a lesson from Project Learning Tree on how aluminum is made. March 5: Mariner 4H also did the activity with the making of aluminum and learned about renewable and non-renewable resources in a lesson taught by Cummins with assistance from Mrs. Lyssy. March 7: Cummins was one of the speakers at this year's annual Cattlemen's Banquet. She introduced the online tool MarketMaker (http://txmarketmaker.uiuc.edu/)tothe approximately 50 people in attendance. March 8: Cummins took twenty-five OLG Middle School students on a Science Field trip to the Nueces Delta Preserve. The day was filled with activities that really engaged the students to learn more about the natural world around them. Some of the lessons taught that day will be easily adapted for use at the wetland restoration area at Little Chocolate Bayou Park. March 9: Aransas County held a Rain Barrel Workshop that Cummins and Sutherland attended to learn more the practice and to help model the Calhoun County version that is clliTently in the planning stages. March 15: Cummins was the guest Speaker at Noon Rotary and presented everyone with the 40-gallon Challenge, a water conservation pledge to reduce residential use of potable water. Of the 33 members present, roughly one-third turned in a pledge card at the conclusion of the meeting. March 21: The Elizabeth Ann Seton Award Dinner for the Diocese of Victoria was held in Shiner. Cummins was unanimously selected as Our Lady of the Gulfs nominee for volunteering her gifts and talents beyond her duties as the county marine agent. She has demonstrated outstanding service and unselfish dedication to the school over the past three years with many hours donated before work, after work and on weekends. March 22: Ten 1st graders and their chaperones made the trip down to Kingfisher Beach in Port O'Connor to build sandcastles and learn about the coastal and marine resources from Cummins. Trash and treasure was the main topic of discussion with the students based on items found on area beaches. March 26: Let's Talk Trash! was the presentation on marine debris that Cummins shared with the District II Family and Consumer Science Agents that met in Port Lavaca. Regional Program Director Elaine Fries and District Extension Donnie Montemayor were also present at the meeting. There's more to adopting a beach than you might realize when you consider how far some of the trash travels to land on our shores. March 26: Calhoun Port Authority Tour with 81ll grade students from OLG. Charles Hausmann gave the students a wonderful tour of our deep-water port and highlight job oppOltunities and educational requirements. Part of Cummins' ongoing mission to show youth maritime and marine related career opportunities, the tour was an excellent addition. March 25: Marine Advisory Committee met at Antigua Restaurant in Port Lavaca to discuss matters of relevance in Calhoun County. March 27: San Antonio Bay Foundation Board Meeting was held at Falcon Point Ranch and discussed several topics of interest to the Bay including Traylor Cut. Cummins filled the board in on the 40-gallon Challenge water conservation pledges that are being promoted by AgriLife. Direct Contacts by: Office: 9 Site: 144 Phone: 58 E-mail/Letters: 802 Newsletters: 767 Volunteers: 23 Maior events for next month - April 2013 April 1-3: Texas Sea Grant AdvisOlY Meeting in Port Aransas April 8: Cooking with Seafood April 9: Mariner 4H April 12: 8th grade trip to POC for marine/maritime careers April 13: 4HRoundup April 16: LEPC meeting April 16: G3 at Travis April 18: Channel 25 noon news spot for Adopt-a-Beach April 19: Project WET training April 20: Adopt-a-Beach Cleanup at Magnolia Beach April 23: San Antonio Bay Foundation Board Meeting April 23: Go Native! Water wise Landscaping April 25-26: Texas Bays & Estuaries Meeting Rhonda Cummins Name Calhoun County CEA - CMR Title March 2013 Date (Month-Year) Texas A&M AgriLife Extension' The Texas A&M University System' College Station, Texas PAYROLL: Payroll dated the 1" day of March, 2013 was in the amount of $221,146.44. Payroll dated the 151h day of March, 2013 was in the amount of $228,692.23. Payroll dated the 31" day of March was in the amount of $241,618.90. Total amount of payroll for the month of March 2013 was in the amount of $691,457.57. A Motion was made by Commissioner Lyssy and seconded by Commissioner Finster to accept payroll for the month of March, 2013, Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY PAYROLL 2013 MONTH/MARCH Payroll throue:h 03-01-2013 $ 221,146.44 Payroll throue:h 03-15-2013 $ 228,692.23 Payroll throue:h 03-31-2013 $ 241,618.90 I APPROVED TOTAL PAYROLL $ 691,457.57 The items listed above bave been pre-approved by all Department Heads and I certify that funds were available to pa.x,tbe obligation. I ~ertify th a 's true and correct to the best of my knowledge this the ~ day of rv\ 2013. RHO AS. KOKENA, CAL OUN COUNTY TREASURER ;\ U'::JJp.. .R. ,. 0.". ..V. "r=:-D:': ..~! , _., ,j JC: APR 11 2013 CALHOUN COUNTY COMMISSIONERS COURT ACCEPTED AND APPROVED THIS THE IflJL DAY OF A/Jti I , 2013 IN THE CALHOUN COUNTY COMMISSIONERS' COURT, PORT LA V ACA, TEXAS 77979. BILLS: Claims totaling $477,114.43 were presented by the Calhoun County Treasure's Office and after reading and verifying same a motion was made by Commissioner Lyssy and seconded by Commissioner Finster to approve the bills and that all said claims are approved for payment. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. April 11, 2013 2013 APPROVAL LIST - 2013 BUDGET COMMISSIONERS COURT MEETING OF 04111113 32 BALANCE BROUGHT FORWARD FROM PAGE 31 $ P/R $ P/R $ P/R $ P/R $ P/R $ P/R $ P/R $ P/R $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ A/P $ AlP $ A/P $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AlP $ AP $ AlP $ TOTAL AMOUNT FOR APPROVAL: $ 167,063.59 40,861.05 9,556.30 33,063.99 3,224.98 1,720.16 173,134.17 364.00 18.00 921.43 158.67 3,055.38 807.42 5,765.73 91.02 78.13 121.17 309.78 55.17 4,586.19 180.90 357.06 900.00 255.75 29.95 134.00 287.47 127.00 6,717.68 134.00 234.96 1,992.10 3,018.80 16,591.29 37.25 1,159.89 477,114.43 FICA MEDICARE FWH NATIONWIDE RETIREMENT SOLUTIONS OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT TEXAS COUNTY & DISTRICT RETIREMENT SYSTEM TMPA UNITED WAY OF CALHOUN COUNTY ALLIED WASTE SERVICES AT&T MOBILITY BEN E KEITH FOODS CABLE ONE CARDMEMBER SERVICE CENTERPOINT ENERGY CITY OF POINT COMFORT CITY OF PORT LA V ACA CITY OF SEADRIFT CREDIT CARD CENTER ERNESTO ESCOBEDO AUTOMOTIVE GBRA JACKSON ELECTRIC COOP, INC. 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" '" ~ ~o~ f-<U_ 6 . , f-< :><f-<-< 0 0 f-<g)'" g U U ~ ~ ~...,~ ~ ~ '" '" :>< o:;;!'" ~ ~ ~ U:>'" ~ ~od 0 g:r g:r ~ ,,:z ~ Cl U ~ ~ 0"'''' U '" '" Cl Cl =~~ Z :>< '" '" ci 5 '" '" a :3 :3 '" ..., '" ~ U :;! ~ , '0 is is '" '" ~ = S{ S{ ~ ~ ~ ~ U = 0 > 0 0 'B N '" '" ~ ~ 0 0 0 0 0 0 0 0 0 " U ~ "" "" '" ~ '0 :J, ci 0 '" '" ..,. '" ~ ..,. - '0 ~ ~ ~ ~ '0 ~ " 0 '" '0 ~ ~ ~ ~ ~ ~ ..., 1'! ~ 0 '" eJ '0 ~ '" !;l ..., 0 ~ ! U ~ 0 ~ ~ '" ~ '" ~ ~ '!2 '" '" '" ~ !i! '" ~ 0 ~ Q", Q", '" ~ 0 ..., f-< U "'''' "'''' ~'" '" ~ ..., 5 0 ~'" ~'" 'E 0 ""i'ij ...,z ,,: ~ U f-< ~~ "'''' ~ Sl f-< @ ~~ ~::i '" ci f-< gj g:r '" "'''' "'''' ...,u 0 '" u '" '" 0. '" <il 0 '" 15 Cl '" f-< ~ f-< ~ I f-< !<: f-< I f-< ~ I I ~ I I ~ " ~ ~ ~ 0 'is i 0 0 <0 'E f-< 0 f-< '" ~ '" ~ '" ~ t: " fr Cl Cl Cl Cl 0 0 0 0 ~ 0 0 0 0 ~ ~ M Cl z z z z z z Z A MEMORANDUM MEMO TO: Mike Pfeifer, CountyJudge SUBJECT: Agenda Item DATE: March 25,2013 Please place the following item on the Commissioners Court agenda for April 11 ,2013: *Consider and take action to deposit a check from Law Enforcement Publications in the amount of $2000.00 (to be deposited into the Calhoun County Sheriff's Motivational Fund account). 'Cb N~" b r0 Sincerely, George Aleman Calhoun County Sheriff ACCEPT A DONATION IN THE AMOUNT OF $2,000.00 FROM LAW ENFORCEMENT PUBLICATIONS TO THE CALHOUN COUNTY SHERIFF'S MOTIVATION FUND: A Motion to accept a donation in the amount of $2,000.00 from Law Enforcement Publications to the Calhoun County Sheriff's Motivation Fund was made by Commissioner Lyssy and seconded by Commissioner Galvan. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Sent: To: Subject: Henry Barber [hbarber@cableone.net] Monday, April 01, 20132:04 PM 'Susan Riley'; rhonda kokena; Lucy Dio Larry Wayne Urban Memorial Contributions Susan Please place the following donations on commissioners Court Agenda for April 11th. Arlis & Paulette Keilers - 50.00 The Roensch Family -125.00 Gary and Susan Poenitzsch - 20.00 Lucie Wray Todd - 250.00 Stephen and Darlene Girndt - 25.00 Thank You, Henry Barber 1 Susan Riley From: Sent: To: Subject: Henry Barber [hbarber@cableone.net] Thursday, April 04, 2013 7:32 AM Susan Riley Donation Susan if it is not to late, please add the following donation in memory of Larry Urban to the list for commissioners court. If it is to late please place it on the next agenda. Fayette memorial Funeral Home LLc - 100.00 Thanks Henry 1 ACCEPT THE FOLLOWING DONATIONS TO EMS AS LARRY WAYNE URBAN MEMORIAL CONTRIBUTIONS: 1. ARLIS AND PAULETTE KEILERS 2. THE ROENSCH FAMILY 3. GARY AND SUSAN POENITZSCH 4. LUCIE WRAY TODD 5. STEPHEN AND DARLENE GIRNDT 6. FAYETTE MEMORIAL FUNERAL HOME LLC $ 50.00 $125.00 $ 20.00 $250.00 $ 25.00 $100.00 A Motion to accept donations to the EMS as the Larry Wayne Urban Memorial Contributions was made by Commissioner Galvan and seconded by Commissioner Finster. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Sent: To: Subject: Noemi Cruz [ncruz@cclibrary.org] Thursday, April 04,20133:16 PM 'Susan Riley' Agenda Items I would like the following on the next Commissioners' Court agenda... To approve donations made to the Calhoun County Library -Thanks Noemi Cruz, Library Director Calhoun County Public Library 200 W. Mahan Port Lavaca, TX 77979 Phone 361.552.7250 ex!. 23 Fax 361.552.4926 Emall nmg@cclibJJillI.,,[g Web VJVJVJ.cclibrq[y.,,[g 1 ACCEPT DONATIONS TO CALHOUN COUNTY LIBRARY: Item Quantity Books 1741 Paperbacks 2655 Audio Books 121 Music CD's 42 CD-ROM 9 VHS 333 DVD's 188 Magazines 1138 Color Book 1 Spiral Notebook 1 Puzzles 9 Globe 1 House Plans 1 Chairs 4 A Motion to accept the donations to the Calhoun County Library was made by Commissioner Finster and seconded by Commissioner Galvan. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Thxas 77979 The following materials have been donated to the Calhoun County Public Library System during the months of OCT 2012 - MAR 2013 Books 641 Books 39 Books 6 Books 7 Books 7 Books 1 Book 137 Books 2 Books 4 Books 19 Books 3 Books 9 Books 1 Book 1 Book 1 Book 1 Book 84 Books 15 Books 2 Books 4 Books 1 Book 1 Book 2 Books 23 Books 3 Books 12 Books 1 Book 1 Book 227 Books 2 Books 18 Books 40 Books 1 Book Donor Unknown David Kinchen Patricia Pope Anna Goodman Dianna Hull Ann Cunningham Jane & Gill Gilmore Mike Smith Delores Miller Deborah Crow Crystal McDonald Rita Padron Mrs Durham Katelyn Hahn Carol Smith Robin Sikes Connie Martinez Susan Williams S.w. Holmes Barbara Willoughby Joy Wehmeyer Albert Mayer Jr. Ina Bullock Abigail Castillo Ray Davila Lanyine Sajous Nick McHenry Julie Crober Mary Lee York Maribell Morales Hope Garcia Rey & Edna Reyes Doris Wyman 167 Books 6 Books 14 Books 4 Books 22 Books 22 Books 2 Books 1 Book 94 Books 45 Books 23 Books 3 Books 1 Book 3 Books 16 Books 2 Books Deborah LaQuay DezaRay White Janet Weaver Barbara Sikes Gary Weaver Mrs. Gilbert Yanes Sonja Luxhoj Luanne Presley Mary Nell Lee Senior Citizen Center Nelda Redding Rhonda Larson Kay Bailey Hutchison Muslim World League L. Ron Hubbard Foundation Cham Book Paperbacks 1202 Paperbacks 139 Paperbacks 62 Paperbacks 17 Paperbacks 1 Paperback 1 Paperback 11 Paperbacks 10 Paperbacks 2 Paperbacks 2 Paperbacks 2 Paperbacks 4 Paperbacks 6 Paperbacks 7 Paperbacks 1 Paperback 26 Paperbacks 20 Paperbacks 7 Paperback 2 Paperbacks 2 Paperbacks 8 Paperbacks 28 Paperbacks 1 Paperback 39 Paperbacks 71 Paperbacks 39 Paperbacks Unknown Jane & Gill Gilmore Delores Miller Deborah Crow Marjorie Pieper Anna M. Underwood Gasper Garcia Anna Goodman Faye Gonzales Margaret Hilscher Holly Patterson Crystal McDonald Kelsey Cobarruvias Jose Garcia Katrina Stovall Rita Padron Doris Wyman Mrs Durham Katelyn Hahn Robin Sikes Nancy Shaffer Connie Martinez Dolores Villafuerte Dale Cooper Darin McDonald Susan Williams 1 Paperback 2 Paperbacks 21 Paperbacks 71 Paperbacks 24 Paperbacks 6 Paperbacks 3 Paperbacks 8 Paperbacks 82 Paperbacks 83 Paperbacks 3 Paperbacks 4 Paperbacks 71 Paperbacks 4 Paperbacks 5 Paperbacks 1 Paperback 16 Paperbacks 114 Paperbacks 25 Paperbacks 4 Paperbacks 36 Paperbacks 5 Paperbacks 44 Paperbacks 86 Paperbacks 197 Paperbacks 1 Paperback 1 Paperback 3 Paperbacks 13 Paperbacks 10 Paperbacks 1 Paperback Barbara Willoughby Latasha Connor Joy Wehmeyer Albert Mayer Jr. Ina Bullock Ray Davila Lanyine Sajous Mary Moses Julie Crober Mary Lee York Maribell Morales Barbara Clayton Rhonda Larson Hope Garcia Joyce May Cindy Krause Beverly Fletcher Deborah LaQuay Mary Willoughby DezaRay White Janet Weaver Mrs. Gilbert Yanes Sonja Luxhoj Mary Nell Lee Senior Citizen Center Mary Moreno Elaine Kelly Lori Clark Margaret Hilscher Nelda Redding Jessie Pope Audios 75 Audio Books 17 Audio Books 15 Audio Books 1 Audio Book 3 Audio Books 6 Audio Books 1 Audio Book 1 Audio Book 2 Audio Books Unknown Alton Easton Margaret Hilscher Mrs Durham Bobbie Carrera Debbie Crow Lori Clark Deborah LaQuay Margaret Hilscher Music CD's 24 Music CD's 7 Music CD's 1 Music CD 10 Music CD's Unknown Anna Goodman Margaret Hilscher Bobbie Carrera CD-ROM 5 CD-ROM 4 CD-ROM Unknown Anna Goodman VHS 129 VHS 30 VHS 16 VHS 83 VHS 8VHS 32 VHS 19 VHS 3VHS 13 VHS Unknown Rosie Dermit Jose Garcia Susie Rodriguez Mary Lee York Jack Daniel Janet Weaver Vanessa Sanchez Elaine Kelly DVDS 61 DVD's 5 DVD's 1 DVD 12 DVD's 62 DVD's 2 DVD's 1 DVD 15 DVD's 17 DVD's 3 DVD's 1 DVD 1 DVD 6 DVD's 1 DVD Unknown Olivia Higgs Carol Smith Valentino Hernandez Katelyn Hahn Bobbie Carrera Creative Crafts Group Mary Jane Whittnebert Susie Rodriguez Carla Whitwall Susan Sayers David Murphy Sandra Lynch L. Ron Hubbard Foundation Maqazines 232 Magzines 9 Magazines 48 Magazines Unknown Anna Goodman Dolores Villafuerte 21 Magazines 14 Magazines 2 Magazines 71 Magazines 3 Magazines 42 Magazines 5 Magazines 3 Magazines 164 Magazines 15 Magazines 1 Magazine 8 Magazines 10 Magazines. 181 Magazines 52 Magazines 171 Magazines 39 Magazines 47 Magazines Francis Wiseman John Dermit Elvira Ramirez Robin Sikes Connie Martinez Rosie Dermit Mr. Brown Joyce May Irene Harborth Jack Daniel Deborah LaQuay DezaRay White Katelyn Hahn D. Miller Anna Goodman Elaine Kelly Lee Schmidli Nelda Redding Others 1 Color Book 1 Spiral Notebook 54 Cassette Tapes 5 Puzzles 4 Puzzles 1 Globe 1 Set House Plans 4 Chairs Unknown Unknown Unknown Unknown Anna Goodman Anna Goodman Mary Lee York IBC Bank DECLARING CERTAIN ITEMS OF PROPERTY AT THE CALHOUN COUNTY LIBRARY AS SURPLUS/SALVAGE: SALVAGE Item Quantity Books 241 Paperbacks 224 Music CD's 19 VHS 34 DVD's 3 Magazines 343 Color Book 1 Spiral Notebook 1 ._^--_... SURPLUS Item Quantity Books 1746 Paperbacks 2284 Audio Books 98 Music CD's 23 CD-ROM 7 VHS 343 DVD's 26 Magazines 1702 Puzzles 7 House Plans 1 Cassette Tapes 54 A Motion to declare certain items of property at the Calhoun County Library as Surplus/Salvage was made by Commissioner Finster and seconded by Commissioner Lyssy. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Sent: To: Subject: Noemi Cruz [ncruz@ccJibrary.org] Thursday, April 04, 2013 3:19 PM 'Susan Riley' Agenda Items I would like the following on the next Commissioners' Court agenda... To declare items salvage -Thanks Noemi Cruz, Library Director Calhoun County Public Library 200 W. Mahan Port Lavaca, TX 77979 Phone 361.552.n50 ext. 23 Fax 361.552.4926 Email ncrLlz(ilc,libr9!Y.9C9 Web 1.V1.V1.V.,CUb'Clry,9C9 1 Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Texas 77979 OCT 2012 - MAR 2013 I would like the following items to be declared Salvage 241 BOOKS 224 PAPERBACKS AUDIO BOOKS 19 MUSIC CD'S CD-ROM'S 34 VIDEOS 3 DVD'S 343 MAGAZINES OTHERS 1 Color Book 1 Spiral Notebook Susan Riley From: Sent: To: Subject: Noemi Cruz [ncruz@ccJibrary.org] Thursday, April 04, 2013 3: 18 PM 'Susan Riley' Agenda Items I would like the following on the next Commissioners' Court agenda... To declare items surplus -Thanks Noemi Cruz, Library Director Calhoun County Public Library 200 W. Mahan Port Lavaca, TX 77979 Phone 361.552.nsO ext. 23 Fax 361.552.4926 Emailnc.uz@cclibrdl:\l.(ml Web 1.V1.V1.V~"ILbr9!l1.Q!9 1 Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Thxas 77979 OCT 2012 - MAR 2013 I would like the following items to be declared Surplus 1746 BOOKS 2284 PAPERBACKS 98 AUDIO BOOKS 23 MUSIC CD'S 7 CD-ROM'S 343 VIDEOS 26 DVD'S 1702 MAGAZINES OTHERS 7 Puzzles 1 Set House Plans 54 Cassette Tapes BUDGET ADJUSTMENTS: A Motion to approve the Budget Adjustments was made by Commissioner Finster and seconded by Commissioner Galvan. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. M .... CI N Ii:! c( w > 1--1- C'-tW -e .....Q ..... ::) CIl:I =- =~ =~ CL.::) =efll ~ I-- .. Zw ..... A. ::IliE~ I--e C'-tz =- -:t~ =c( c~ I-- ..... c.a = = = I--M =.... =CI =~ c.,;a.... .... , - GO 'i: =a. .....c( Z>; =ca -"Cl C'-tl!! C'-t ::I - J: ::IliEt ::IliEW =1- c.,;ag e z ii2 c( W :c ~ 00 C) C) ~ 00 C) C) ~....E:l ~...."" 00 '" '" ~....."'" 00 '" '" ""...... y;~ ........ "'"' ""...... ""::5::5 "::5::5 "'~ """""" ""...... =...... =I.I..I~ "'",,'" ei..... 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'" '" co~ 0)'" 0)'" ~ '" '" '" ... ... C) C C '" ... ... C) C C '" ... ... ...J ..J ~i5?g ~ f? ~ ." LL Cl c: 12 '5 l'! wu.Cl I ...J Ul 15 ~ Cl '" ~ o N o :s. <( '" ro "0 w ill C "0 ill S MEMORANDUM MEMO TO: Mike Pfeifert CountyJudge SUBJECT: Agenda Item DATE: April 8t 2013 Please place the following item on the Commissioners Court agenda for April 11 t2013: *Consider and take action on the Calhoun County Sheriffs Office policy and procedure manual. SincerelYt /)~~. George Aleman Calhoun County Sheriff CALHOUN COUNTY SHERIFF'S DEPARTMENT POLICY AND PROCEDURE MANUAL: This agenda item is passed pursuant to Fort Bend Cnty. Wrecker Ass'n II. Wright, 39 S.W.3d 421, 425-26 (Tex. App. -- Houston [1" Dist.] 2001, no pet.) and Turner II. Upton County, 915 F.2d 133, 136 (5th Cir. 1990). ftf*~\ ,:"'\b . i"~~~ ATTORNEY GENERAL OF TEXAS GREG ABBOTT March 15,2013 The Honorable Seth C. Slagle Clay County Attorney Post Office Drawer 449 Henrietta, Texas 76365-0449 Opinion No. GA-0994 Re: Whether a sheriff must submit an office policy manual to the county commissioners court for approval (RQ-l 087 -GA) Dear Mr. Slagle: You ask whether a sheriff must produce an office policy manual to the county commissioners court for their approval or rejection. I County commissioners and the county sheriff are all elected constitutional officers. See TEX. CONST. art. V, ~ 18(b) (establishing a county commissioners court for each county); id. art. V, ~ 23 (establishing the office of sheriff). A county commissioners court has only the powers that the Texas Constitution or a state statute confer on it. TEX. CONST. art. V, ~ 18(b); City of San Antonio v. City of Boerne, I II S.W.3d 22,28 (Tex. 2003). A commissioners court also has the implied authority to exercise the power necessary to accomplish its constitutional and statutory duties. City of San Antonio, III S.W.3d at 28. Powers conferred by the Legislature on counties and commissioners courts, however, should be viewed as duties rather than privileges. Id. The commISSIoners court's primary function is to administer the county's business affairs. Id. at 27. The county and the commissioners court are not synonymous, however: "[T]he County Commissioners Court is not charged with the management and control of aU of the County's business affairs, Each of the [county's] various elected officials. . . has the sphere that is delegated to him by law and within which the Commissioners Court may not interfere or usurp." Pritchard & AbUotfv. McKerma, 350 S.W.2d 333, 335 (Tex. 1961) (emphasis added). An elected county official's exclusive sphere of authority consists of the officer's core duties under the Texas Constitution and statutes. See Griffin v. Birkman, 266 S.W.3d 189, 197 (Tex. App.-Austin 2008, pet. denied). Like a commissioners court, a sheriff s powers derive from our constitution and statutes. See TEX. CONST. art. V, ~ 23 (providing for the Legislature to prescribe a sheriffs "duties, 'Letter and Brief from Honorable Seth C. Slagle, Clay Cnty. Au'y, to Honorable Greg Abbott, Te" Au'y Gen. at I (Sept. 28, 2(12). Imp:1! www.texa,attornoygeneral.gov/opin ("Request Leller" & "Brief'). The Honorable Seth C. Slagle - Page 2 (GA-0994) qualifications, perquisites, and fees of office"). A sheriffs principal duties include enforcing the law in the county and keeping the county jail. TBX. Loc. GOV'T CODB ANN. ~ 351.041 (West 2005); TBX. CODB CRlM. PROC. ANN. art. 2.17 (West 2005). No statute of which we are aware authorizes a commissioners court to approve or reject the office policy manual of an elected county official. To the contrary, "a Texas Sheriff has the power to make and enforce rules, regulations, and policy [and has] the 'authority to define objectives and choose the means of achieving them.'" Fort Bend Cnty. Wrecker Ass 'n v. Wright, 39 S.W.3d 421,425-26 (Tex. App.-Houston [1st Dist.] 2001, no pet.) (citations omitted); see also Turner v. Upton County, 915 F.2d 133, 136 (5th Cir. 1990). Elected county officials such as a sheriff hold "'virtually absolute sway over the particular tasks or areas of responsibility entrusted to [them] by state statute.''' Hooten v. Enriquez, 863 S.W.2d 522,531 (Tex. App.-EI Paso 1993, no writ) (quoting Familias Unidlls v. Briscoe, 619 F.2d 391, 404 (5th Cir. 1980)). A court would likely conclude that creation of an internal sheriff s office policy manual is an "area of responsibility entrusted to [the sheriffj" over which the sheriff has "virtually absolute sway." Ed. As a result, a court would likely determine that the county commissioners court is not authorized to approve or disapprove of the sheriff's office policy manual? Prhe sheriffls letter attached to your request further asks which policy should prevaiJ should the sheriff's policy conflict with county policy established by the commissioners court. Letter from Honorable K.R, "Kenny" Lemons, Clay Cnty. Sheriff, to Honorable Seth C. Slagle, Clny Cnty. Att'y al2 (Sept. 13,20(1) (attached to Request Letter). The answer would require an analysis of the specific subject of the policies to determine whether, under the facts and applicable law, the sheriff or the commissioners court possesses flnal poJicymaking authority. The Honorable Seth C. Slagle - Page 3 (GA-0994) SUMMARY A court would likely determine that the coullty commissioners court is not authorized to approve or disapprove of the sheriffs office policy manual. Very truly yours, ~ BOTT eral of Texas DANIEL T. HODGE First Assistant Attorney General JAMES D. BLACKLOCK Deputy Attorney General for Legal Counsel JASON BOATRIGHT Chairman, Opinion Committee William A. Hill Assistant Attorney General, Opinion Committee PUBLIC DISCUSSION: No comments were made from the public. Court was adjourned at 10:32 A.M.