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2016-05-26 TEST IMPORTRegular 2016 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held May 26, 2016 BE IT REMEMBERED, that on this 26th day of May, A.D., 2016 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 County Judge Roger C. Galvan Commissioner, Precinct #1 Vern Lyssy Commissioner, Precinct #2 Kenneth W. Finster Commissioner, Precinct #4 Anna Goodman County Clerk Josie Sampson Deputy County Clerk Commissioner Neil Fritsch was absent. Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation. Commissioner Finster led the Pledge to the US Flag and Commissioner Lyssy led the Pledge to the Texas Flag. APPROVE MINUTES OF APRIL 28, 2016 MEETING: Commissioner Galvan made a motion to approve Minutes of April 28, 2016 meeting. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Regular 2016 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held April 28, 2016 BE IT REMEMBERED, that on this 28th day of April, A.D., 2016 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 Anna Goodman Josie Sampson County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation. Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. REQUEST BY RON REGER OF IT DEPARTMENT FOR A COUNTY CREDIT CARD: Commissioner Galvan made a motion to approve request by Ron Reger of IT Department for a County credit card. The credit limit on the card is to be $5,000. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Susan Rilev From: Ron Reger <ron.reger@calhouncotx.org> Sent: Thursday, May 19, 2016 11:08 AM To: 'Susan Riley' Subject: Agenda Item Susan, Please include my Court Agenda Request for a County Credit Card issued through the Treasurer's Office for the next court date on May 261h 2016 at 10:OOAM. Thankyou! Ron Ron Reger IT Coordinator Calhoun County Texas 211 S. Ann St. Ste 301 Port Lavaca, TX. 77979 361.553.4606 Office 361.553.4444 Fax 361.553.9776 Cell http://www.ca Ihouncotx.orx/support.html REQUEST BY PESCADO GRANDE FISHING TOURNAMENT, BENEFITING THE HARBOR CHILDREN'S ALLIANCE AND VICTIM CENTER TO SELL ALCOHOL AT THEIR ANNUAL FUNDRAISER TO BE HELD JUNE 24-25, 2016 AT THE PORT O'CONNOR COMMUNITY CENTER AND AUTHORIZE COUNTY JUDGE TO SIGN LETTER OF APPROVAL TO TABC: Commissioner Finster made a motion to approve request by Pescado Grande Fishing Tournament, benefiting The Harbor Children's Alliance and Victim Center to sell alcohol at their annual fundraiser to be held June 24-25, 2016 at the Port O'Connor Community Center and authorize County Judge to sign letter of approval to TABC. Commissioner Galvan seconded the motion Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 May 10, 2016 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 Commissioners' Court Agenda for May 26, 2016. • Discuss and take necessary action to allow the Pescado Grande Fishing Tournament, benefiting The Harbor Children's Alliance and Victim Center, sell alcohol at their annual fundraiser to be held June 24 — 25, 2016 at the Port O'Connor Community Center and authorize County Judge to sign letter of approval to TABC. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: kfinster@calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 PESCADO GRANDE! Fishing Tournament + • Benefiting The Harbor Children's Alliance and Victim Center -44 P.O. Box Ii00 Bu%. 0111ce: (361) 552-I982 215 W. Railroad Hotline (361 )552-4357 Port Lavaca. Teas 77979 Fax: (361) 5.524309 May 9, 2016 Greetings, Commissioner's Court, My name is Grace Gonzalez, and I am the Chairperson of the Pescado Grande Fishing Tournament. On behalf of the tournament and The Harbor Children's Alliance & Victim Center I am asking we be allowed to sell alcohol at our fundraiser that will be held on June 240" and 250, 2016 at the Port O'Connor Pavilion. The fishing tournament is the biggest fundraiser we have and the funds raised will be used for the operation of The Harbor's programs throughout the year. We will purchase insurance that is also required for our event and we do have security at our tournament. Our tournament usually draws 150 — 200 fishermen each year. Respectfully � Grace Gonzalez Pescado Grande Fishing Tournament Chair 361-676-3207 6S"piC OC �Fk MICHAEL J. PFEIFER Calhoun County Judge 211 S. Ann Street, Suite 301 Port Lavaca, Texas 77979 (361) 553-4600 - Fax (361) 553-4444 - Email: mike.pfeifer@calhouncotx.org May 26, 2016 Texas Alcoholic Beverage Commission Victoria, Texas ��J��IuiY1f�G�'Z�ZI�►CN�l�ra RE: PESCADO GRANDE FISHING TOURNAMENT/PORT O'CONNOR TEXAS On May 26, 2016, Calhoun County Commissioners' Court heard and approved a request by the Peseado Grande Fishing Tournament to sell alcohol at their annual fundraiser. The Harbor Children's Alliance & Victims Center is authorized to hold a 3 Day Special Wine and Beer Permit (SB) for the Pescado Grande Fishing Tournament to be held June 24 and June 25, 2016 from 12 pm to 12 am at 3674 W. Adams, Port O'Connor, Texas 77982 (Port O'Connor Community Center Pavilion). . Please do not hesitate to contact this office if you require any further information. Sincerely, Michael J. Pfeifer Calhoun County Judge MJP/sr www.calhouncotx.org EDUCATION AFFILIATION AGREEMENT EOTP LLC DBA EOTP-PARAMEDIC ACADEMY, ALSO KNOWN AS EMS ONLINE TRAINING PLUS AND AUTHORIZE COUNTY JUDGE TO SIGN: Commissioner Galvan made a motion to approve Education Affiliation Agreement EOTP LLC dba EOTP-Paramedic Academy, also known as EMS Online Training Plus and authorize County Judge to sign. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Susan Rile From: Carl King <clking@att.net> Sent: Tuesday, May 03, 2016 10:02 AM To: Susan Riley Subject: Agenda Items Attachments: Copier - Form 1295.pdf; Copier - Office Systems Center Quote.pdf; Ambulance clinical agreement (1).doc; EMail to Shannon.pdf; Form 1295 EMS Online Training Plus.pdf Susan, I have two items for the next Commissioners Court Agenda if possible. The first item is for a copier lease for the EMS station. Our current lease is up and BCOS has gone out of business, so it is the perfect time to get another machine. I have also included Form 1295. The second item is for an education affiliation agreement with EMS Online Training Plus so their students can do clinical time with us. I have included Form 1295. Let me know if you need more information. Thanks, Carl 4/27/2016 Print Subject: Re: Education Affiliation Agreement From: Carl King (clking@att.net) To: shannon.salyer@calhouncotx.org; Date: Tuesday, April 26, 2016 3:15 PM Thank you sir. On Tuesday, April 26, 2016 3:03 PM S##'ndurt Ver sff hh"o-rt,,mdl r al' l&� ` From: Carl King [mailto:clking@att.netj Sent: Tuesday, April 26, 2016 2:47 PM To: Shannon Salyer Subject: Education Affiliation Agreement Shannon, Please review the attached Affiliation Agreement with EMS Online Training Plus and let me know what you think. We would like to allow their students to do clinical time with our department. Thanks, Carl Lee King Calhoun County EMS aLmtblank 1/1 SCHOOL AFFILIATION AGREEMENT THIS AFFILIATION AGREEMENT (the "Agreement") is made as of this March 20th, 2016 by and between, EOTP LLC dba EOTP-Paramedic Academy, also known as EMS Online Training Plus hereinafter referred to as "School" and Calhoun County EMS, hereinafter referred to as "Ambulance Service ". WITNESSETH: WHEREAS, School offers to enrolled students a degree program in the field of EMT -Basic. Advanced EMT; and WHEREAS, Ambulance Service operates ambulance services for Calhoun County; and WHEREAS, School desires to provide to its students a clinical learning experience through the application of knowledge and skills in actual patient -centered situations in a health care facility; and WHEREAS, Ambulance Service has agreed to make its facility available to School for such purposes. Now, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. RESPONSIBILITIES OF SCHOOL. (a) Clinical Program. School shall be responsible for the implementation and operation of the clinical component of its program at Ambulance Service ("Program"), which Program shall be approved in advance by Ambulance Service. Such responsibilities shall include, but not be limited to, the following: (i) Orientation of students to the clinical experience at.Ambulance Service ; (ii) Provision of classroom theory and practical instruction to students prior to their clinical assignments at Ambulance Service; (iii) Preparation of studentipatient assignments and rotation plans for each student and coordination of same with Ambulance Service; (iv) Continuing oral and written communication with regarding student performance and evaluation, absences and assignments of students, and other pertinent information; (v) Direct and/or indirect supervision of students and their performance at Ambulance Service; (vi) Participation, with the students, in Ambulance Service's Quality Assurance and related programs; (vii) Performance of such other duties as may from time to time be agreed to between School and Ambulance Service; (viii) Completeness, legibility and accuracy of all forms presented to the Ambulance Service are the requirement of the School and failure to present said forms will result in non -clearance for the Program Participants. All students, faculty, employees, agents and representatives of School participating in the Program at Ambulance Service (the "Program Participants") shall be accountable to the Ambulance Service's Administrator and will follow all requirements for Program Participants. (b) Student Statements. School shall require each Program Participant to sign a Statement of Responsibility, in the form attached hereto as Exhibit A, and a Statement of Confidentiality and Security, in the form attached hereto as Exhibit B. (c) Insurance. School shall obtain and maintain, or shall require each individual Program Participant to obtain and maintain, occurrence -type general and professional liability insurance coverage in amounts not less than $ 2,000,000.00 per occurrence and $ 5,000,000.00 annual aggregate per Program Participant, with insurance carriers or self insurance programs approved by Ambulance Service and covering the acts and omissions of Program Participants. If such coverage is provided on a claims -made basis, then such insurance shall continue throughout the term of this Agreement and upon the termination of this Agreement, or the expiration or cancellation of the insurance, School shall purchase, or shall require each individual Program Participant to purchase, tail coverage for a period of three years after the termination of this Agreement or the expiration or cancellation of the claim -made coverage (said tail coverage shall be in amounts and type equivalent to the claims - made coverage). School shall further, at its expense, obtain and maintain workers' compensation insurance and unemployment insurance for School employees assigned to Ambulance Service . For all insurance required by this Paragraph 1(c), School shall require the insurance carrier notify Ambulance Service at least thirty (30) days in advance of any cancellation or modification of such insurance policy and shall provide to Ambulance Service , upon request, certificates of insurance evidencing the above coverage and renewals thereof. (d) Health of Program Participants. All Program Participants shall pass a medical examination acceptable to Ambulance Service prior to their participation in the Program at Ambulance Service at least once a year or as otherwise required by Texas law. School and/or the Program Participant shall be responsible for arranging for the Program Participant's medical care and/or treatment, if necessary, including transportation in case of illness or injury while participating in the Program at Ambulance Service. In no event shall Ambulance Service be financially or otherwise responsible for said medical care and treatment. Program Participants will present the following health records before the first day of their educational experience atAmbulance Service (Program Participants will not be allowed to commence experiences until all records are completed and have been cleared by the Ambulance Service ) to include but not limited to: (i) Tuberculin skin test within the past 12 months or documentation as a previous positive reactor; and (ii) Proof of Rubella and Rubeola immunity by positive antibody titers or 2 doses of MMR; and (iii) Varicella immunity, by positive history of chickenpox or proof of Varicella immunization; and (iv) Proof of Hepatitis B immunization or declination of vaccine, if patient contact is anticipated. (v) Any other health immunizations or requirements that the Federal or Texas State government deem necessary (e) Dress Code: Breaks. School shall require the Program Participants to dress in accordance with dress and personal appearance standards approved by School. Such standards shall be in accordance with Ambulance Service's standards regarding same including all Infection Control issues. All Program Participants shall remain on the Ambulance Service premises for breaks, including meals. Program Participants shall pay for their own meals at Ambulance Service. (f) Performance. All faculty provided by School shall be duly licensed, certified or otherwise qualified to participate in the Program at Ambulance Service. School shall have a specially designated staff for the performance of the services specified herein. School and all Program Participants shall perform its and their duties and services hereunder in accordance with all relevant local, state, and federal laws and shall comply with the standards and guidelines of all applicable accrediting bodies and the bylaws, rules and regulations of Ambulance Service and any rules and regulations of School as may be in effect from time to time. Neither School nor any Program Participant shall interfere with or adversely affect the operation of Ambulance Service or the performance of services therein. (g) Background Checks/Drug Screen. School shall, in a timely manner at either School's expense or the Program Participant's expense, conduct (or have conducted) a background check and a ten (10) panel drug screen on each and every student assigned to the Program and every member of the staff/faculty responsible for supervision and/or instruction. If School has students or staff/faculty on -site at Ambulance Service prior to the execution of this Agreement, then School shall immediately conduct a retrospective background check and drug screen on such persons. The background check for students shall include, at a minimum, the following: (i) Social Security Number Verification; (ii) Criminal Search (7 years or up to 5 criminal searches); (iii) Employment Verification to include reason for separation and eligibility for re-employment for each employer for any Program Participant who is a licensed or certified caregiver; (iv) Violent Sexual Offender and Predator Registry Search; (v) HHS/OIG List of Excluded Individuals/Entities; (vi) GSA List of Parties Excluded from Federal Programs; '(vii) U.S. Treasury, Office of Foreign Assets Control (OFAC), List of Specially Designated Nationals (SDN); (viii) Applicable State Exclusion List, if one. The background check for staff/faculty, if licensed or certified caregivers, shall include all of the above and, in addition, shall include the following: (i) Education verification (highest level); (ii) Professional License Verification; (iii) Certification & Designations Check; (iv) Professional Disciplinary Action Search; (v) Department of Motor Vehicle Driving History, based on responsibilities; (vi) Consumer Credit Report, based on responsibilities. (vii) Should the background check and/or drug screen disclose adverse information as to any student and/or member of the staff/faculty, School shall immediately remove said student and/or member of the staffffaculty from participation in the Program at Ambulance Service. School acknowledges and agrees to an annual compliance audit by the Ambulance Service of five percent (5%) or a minimum of 30, such background investigation files as authorized by the subjects under the Fair Credit Reporting Act (FCRA). (h) School Status. School represents and warrants to Ambulance Service that the School and its Program Participants participating hereunder: (i) are not currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 U.S.C. § Section 1320a-7b(f) (the "Federal health care programs"); (ii) are not convicted of a criminal offense related to the provision of health care items or services but has not yet been excluded, debarred or otherwise declared ineligible to participate in the Federal health care programs, and (iii) are not under investigation or otherwise aware of any circumstances which may result in the School or a Program Participant being excluded from participation in the Federal health care programs. This shall be an ongoing representation and warranty during the term of this Agreement and the School shall immediately notify Ambulance Service of any change in status of the representation and warranty setforth in this section. Any breach of this Paragraph 1(h) shall give Ambulance Service the right to immediately terminate this Agreement for cause. 2. RESPONSIBILITIES OF AMBULANCE SERVICE. (a) Ambulance Service shall accept the Program Participants assigned to the Program by School once all the required documentation is completed and cleared by the Ambulance Service. The Ambulance Service will reasonably cooperate in the orientation of all Program Participants to Ambulance Service. Ambulance Service shall provide reasonable opportunities for such Program Participants; who shall be supervised by School and Ambulance Service, to observe and assist in various aspects of patient care to the extent permitted by applicable law and without disruption of patient care or Ambulance Service operations. Ambulance Service shall coordinate School's rotation and assignment schedule with its own schedule and those of other educational institutions. Ambulance Service shall at all times retain ultimate control of the Ambulance Service and responsibility for patient care. (b) Upon the request of School, Ambulance Service shall assist School in the evaluation of each Program Participant's performance in the Program. However, School shall at all times remain solely responsible for the evaluation and grading of Program Participants. 3. MUTUAL RESPONSIBILITIES. The parties shall cooperate to fulfill the following mutual responsibilities: (a) Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Ambulance Service or the School. (b) Any courtesy appointments to faculty or staff by either the School or Ambulance Service shall be without entitlement of the individual to compensation or benefits for the appointed party. 4. WITHDRAWAL OF PROGRAM PARTICIPANTS. Ambulance Service may request School to withdraw or dismiss a student or other Program Participantfrom the Program at Ambulance Service when his or her clinical performance is unsatisfactory to Ambulance Service or his or her behavior, in Ambulance Service's discretion, is disruptive or detrimental to Ambulance Service and/or its patients. In such event, said Program Participant's participation in the Program at Ambulance Service shall immediately cease. It is understood that only School can dismiss the Program Participant from the Program. 5. INDEPENDENT CONTRACTOR; NO OTHER BENEFICIARIES. The parties hereby acknowledge that they are independent contractors, and neither the School nor any of its agents, representatives, Program Participants, or employees shall be considered agents, representatives, or employees of Ambulance Service. In no event shall this Agreement be construed as establishing a partnership or joint venture or similar relationship between the parties hereto. School shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits. No Program Participant shall look to Ambulance Service for any salaries, insurance or other benefits. No Program Participant or other third person is entitle to, and shall not, receive any rights under this Agreement. 6. NON-DISCRIMINATION. There shall be no discrimination on the basis of race, national origin, religion, creed, sex, age, veteran status, or handicap in either the selection of students for participation in the Program, or as to any aspect of the clinical training; provided, however, that with respect to handicap, the handicap must not be such as would, even with reasonable accommodation, in and of itself preclude the Program Participant's effective participation in the Program. 7. INDEMNIFICATION. To the extent permitted by applicable law and without waiving any defenses, School shall indemnify and hold harmless Ambulance Service and its officers, medical and nursing staff, representatives and employees from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees, relating to or arising out of any act or omission of the School or any of its faculty, Program Participants, agents, representatives and employees underthis Agreement, including, but not limited to, claims for personal injury, professional liability, orwith respect to the failure to make proper payment of required taxes, withholding, employee benefits or statutory or other entitlements. Ambulance Service shall indemnify School against liabilities, claims, damages and expenses, including reasonable attorneys' fees, incurred by School in defending or compromising actions brought against School arising out of or related to the Ambulance Service's performance of duties hereunder. 8. CONFIDENTIALITY. School and its agents, Program Participants, faculty, representatives and employees agree to keep strictly confidential and hold in trust all confidential information of Ambulance Service and/or its patients and not disclose or reveal any confidential information to any third party without the express prior written consent of Ambulance Service. School shall not disclose the terms of this Agreement to any person who is not a party to this Agreement, except as required by law or as authorized by Ambulance Service. Unauthorized disclosure of confidential information or of the terms of this Agreement shall be a material breach of this Agreement and shall provide Ambulance Service with the option of pursuing remedies for breach, or, notwithstanding any other provision of this Agreement, immediately terminating this Agreement upon written notice to School. 9. TERM: DATE AND ABILITY TO TERMINATE (a) This agreement will become effective on March 201h, 2016 and end on March 19th, 2017. The following termination clause will apply to all terminations. (b) Except as otherwise provided herein, either party may terminate this Agreement at any time without cause upon at least thirty (30) days prior written notice, provided that all students currently enrolled in the Program at Ambulance Service at the time of notice of termination shall be given the opportunity to complete their clinical Program at Ambulance Service, such completion not to exceed six (6) months. 10. ENTIRE AGREEMENT. This Agreement and its accompanying Exhibits set forth the entire Agreement with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written agreement. All continuing covenants, duties and obligations herein shall survive the expiration or earlier termination of this Agreement. 11. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, this Agreement shall remain in full force and effect in accordance with its terms disregarding such unenforceable or invalid provision. 12. CAPTIONS. The captions contained herein are used solely for convenience and shall not be deemed to define or limit the provisions of this Agreement. 13. No WAIVER. Any failure of a party to enforce that party's right under any provision of this Agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any of the provisions contained herein. 14. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. 15. ASSIGNMENT; BINDING EFFECT. School may not assign or transfer any of its rights, duties or obligations under this Agreement, in whole or in part, without the prior written consent of Ambulance Service. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and permitted assigns. 16. NOTICES. All notices hereunder by either party to the other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or by overnight courier, and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, postage prepaid, addressed as follows: If to Ambulance Service: Calhoun County EMS, Training Officer 705 Henry Barber Way Port Lavaca, TX 77979 If to School: EOTP LLC dba EOTP-Paramedic Academy, also known as EMS Online Training Plus 500 W. Overland, Suite 250-P El Paso, TX 79901 916-730-3812 Attention: Lisa -Anne Waldock, EMT-LP,P rogram Director / Coordinator or to such other persons or places as either party may from time to time designate by written notice to the other. 17. EXECUTION OF AGREEMENT. This Agreement shall not become effective or in force until all of the below named parties have fully executed this Agreement. 18. HIPAA Requirements. The parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d ("HIPAA") and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 ("Federal Privacy Regulations"), the federal security standards contained in 45 C.F.R. Part 142 ("Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as "HIPAA Requirements". The parties agree not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. Section 164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. Section 1320d), other than as permitted by the HIPAA Requirements and the terms of this Agreement. The parties agree to make their internal practices, books and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. In addition, the parties agree to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic and transaction code sets pertaining to, information related to patients. The School shall direct its Program Participants to comply with the policies and procedures of Ambulance Service, including those governing the use and disclosure of individually identifiable health information under federal law, specifically 45 CFR parts 160 and 164. Solely for the purpose of defining the Program Participants' role in relation to the use and disclosure of Ambulance Service 's protected health information, the Program Participants are defined as members of the Ambulance Service 's workforce, as that term is defined by 45 CFR 160.103, when engaged in activities pursuant to this Agreement. However, the Program Participants are not and shall not be considered to be employees of Ambulance Service. 19. No Requirement to Refer. Nothing in this Agreement requires or obligates School to admit or cause the admittance of a patient to Ambulance Service or to use Ambulance Service 's services. None of the benefits granted pursuant to this Agreement is conditioned on any requirement or expectation that the parties make referrals to, be in a position to make or influence referrals to, or otherwise generate business for the other party. Neither party is restricted from referring any services to, or otherwise generating any business for, any other entity of their choosing. THE PARTIES HERETO have executed this Agreement as of the day and year first above written. Ambulance Service r 2 F 1 Print Name: Title: Date: EOTP LLC dba EOTP-Paramedic Academy M Print Name: Josef Zeevi Title: Basic Coordinator/IT Director Date: 916-730-3812 Attention: Lisa -Anne Waldeck, EMT-LP,P rogram Director / Coordinator or to such other persons or places as either parry may from time to time designate by written notice to the other. 17. ExEcuTioN OF AGREEMENT. This Agreement shall not became effective or in force unfit all of the below named parties have fully executed this Agreement 18. HIPAA Requirements. The parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at42 U.S.C. Section 1320d CHIPAX) and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 46 C.F.R. Parts 160 and 164 ("Federal Privacy Regulations'), the federal security standards contained in 46 C.F.R. Part 142 ("Federal Security Regulations, and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as'HIPAA Requirements". The parties agree not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. Section 164.601) or Individually Identifiable Health Information (as defined in 42 U.S.C. Section 1320d), otherthan as permitted by the HIPAA Requirements and the terms of this Agreement. The parties agree to make their Internal practices, books and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. In addition, the parties agree to comply with any state laws and regulations that govem or pertain to the confidentiality, privacy, security of, and electronic and transaction code sets pertaining to, information related to patients. The School shall. direct Its Program Participants to comply with the policies and procedures of Ambulance Service, including those governing the use and disclosure of individually Identifiable health Information under federal law, specifically 45 CFR parts 160 and 164. Solely for the purpose of defining the Program Participanls'role in relation to the use and disclosure of Ambulance Service 'a protected health Information, the Program Participants are defined as members of the Ambulance Service 's workforce, as that term is defined by 45 CFR 160.103, when engaged in activities pursuant to this Agreement. However, the Program Participants are not and shall not be considered to be employees of Ambulance Service. 19. No Requirement to Refer. Nothing in this Agreement requires or obligates School to admitor cause the admittance of a patient to Ambulance Service or to use Ambulance Service's services. None of the benefits granted pursuant to this Agreement is conditioned on any requirement or expectation that the parties make referrals to, be in a position to make or Influence referrals to, or otherwise generate business for the other party. Neither party is restricted from referring any services to, or otherwise generating any business for, any other entity of their choosing. THE PARTIES HERETO have executed this Agreement as of the day and year first above written. Ambulance Service sy,�, A. Q � a;Lp Print Name: 19�.t AA of 3.. �i-f �h Tilie:s b k x Data. EOTP I.0•dba7 P-Paramedic Academy ey: Pn . osef-zeevf"-` , Title: Basic CoordinatorAT Director Date: J `Z6-1�0 STATEMENT OF RESPONSIBILITY For and in consideration of the benefit provided the undersigned in the form of experience in a clinical setting at ("Ambulance Service "), the undersigned and his/her heirs, successors and/or assigns do hereby covenant and agree to assume all risks and be solely responsible for any injury or loss sustained by the undersigned while participating in the Program operated by EOTP LLC dba EOTP-Paramedic Academy, also known as EMS Online Training Plus- ("School") at Ambulance Service unless such injury or loss arises solely out of Ambulance Service's gross negligence or willful misconduct. Signature of Program Participant/Print Name Date EXHIBIT B PROTECTED HEALTH INFORMATION, CONFIDENTIALITY, AND SECURITY AGREEMENT • Protected Health Information (PHI) includes patient information based on examination, test results, diagnoses, response to treatment, observation, or conversation with the patient. This information is protected and the patient has a right to the confidentiality of his or her patient care information whether this information is in written, electronic, or verbal format. PHI is individually -identifiable information that includes, but is not limited to, patient's name, account number, birthdate, admission and discharge dates, photographs, and health plan beneficiary number. • Medical records, case histories, medical reports, images, raw test results, and medical dictations from healthcare facilities are used for student learning activities. Although patient identification is removed, all healthcare information must be protected and treated as confidential. • Students enrolled in school programs or courses and responsible faculty are given access to patient information. Students are exposed to PHI during their clinical rotations in healthcare facilities. • Students and responsible faculty may be issued computer identifications (IDs) and passwords to access PHI. Initial each to accept the Policv Initial Policy 1. It is the policy of the school/institution to keep PHI confidential and secure. 2. Any or all PHI, regardless of medium (paper, verbal, electronic, image or any other), is not to be disclosed or discussed with anyone outside those supervising, sponsoring or directly related to the learning activity. 3. Whether at the school or at a clinical site, students are not to discuss PHI, in general or in detail, in public areas under any circumstances, including hallways, cafeterias, elevators, or any other area where unauthorized people or those who do not have a need -to -know may overhear. 4. Unauthorized removal of any part of original medical records is prohibited. Students and faculty may not release or display copies of PHI. Case presentation material will be used in accordance with healthcare facility policies. 5. Students and faculty shall not access data on patients for whom they have no responsibilities or a "need -to -know" the content of PHI concerning those patients. 6. A computer ID and password are assigned to individual students and faculty. Students and faculty are responsible and accountable for all work done under the associated access. 7. Computer IDs or passwords may not be disclosed to anyone. Students and faculty are prohibited from attempting to learn or use another erson's computer ID or password. F-1 8. Students and faculty agree to follow Hos ital 's privacy policies. 9. Breach of patient confidentiality by disregarding the policies governing PHI is grounds for dismissal from the Hospital . • 1 agree to abide by the above policies and other policies at the clinical site. I further agree to keep PHI confidential. • I understand that failure to comply with these policies will result in disciplinary actions. • I understand that Federal and State laws govern the confidentiality and security of PHI and that unauthorized disclosure of PHI is a violation of law and may result in civil and criminal penalties. Signature of Program Participant/Print Name Date Parent or Legal Guardian if Program Participant is under 18/Print Name Date CERTIFICATE OF INTERESTED PARTIES FORM 1295 1nf1 Complete Nos. 1.4 and 6If there are Interested pence., OFFICE USE ONLY Complete NOS. 1, 2, a, 5, and 61f there are no Interested parfift CERTIFICATION OF FILING Certificate Number 1 Name of business entity filing form, and die city, state and country of the business entity's place of business. 2016:49012. EMS Online Training Plus El Paso, TX United States Date Filed: 2 Name of governmental entity or siate agency openly o inscontract 110FOWROM8form 19 05/03/2016 being filed. Calhoun County Date Acknowledged: g Provide the identification number used by the governmental entity or slate agency to track or Identify the contract and provide a description of the services, goods or other property to be provided under the contract None EMS Training 4 Nature of Interest (check applicable) Name of Interested party City, Slate, Country (Place of business) Controlling Imarmedbuy Peevi, Josef Cedar Park, TX United States X Waldock, Brian Ef Paso, TX United States X Waldock, Lisa El Paso, TX United States X S Check only Nthom is No interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of pa4ury, that the above disclosure Is tare and comes. SASgINA NtCOLE NARPIP111 My Control Sion Ellpiraa Much 20, 20f9 ( I swre of o contracting business entbV 1(0 AFFIX NOTARY STAMP t SEAL ABOVE C(� P vv i the day of Swo rot and subscribed before me, by the said ' J` r • th� . S 20 1 . to caNfy which, witness my hand arW seal of omrs. � • � I/Ul IVlCo VUePs�t �� Signature of omcer Nsterin9 oath Printed name of officer adminlstering oath Tifie of officer edmiNsterioath __ ....... _...:.................. VersionV1.0.1021 Forms provided by TekaS WNW Comnt on CERTIFICATE OF INTERESTED PARTIES FORM 1295 Soft Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-49012 EMS Online Training Plus El Paso, TX United States Date Filed: 05/03/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County Date Acknowledged: 06/01/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a None EMS Training Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Zeevi, Josef Cedar Park, TX United States X Waldock, Brian El Paso, TX United States X Waldock, Lisa El Paso, TX United States X 5 Check only if there is NO Interested Parry. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 COPIER LEASE AGREEMENT BETWEEN CALHOUN COUNTY EMS AND OFFICE SYSTEMS CENTER FOR A RICOH MP 2852 REFURBISHED COPIER AT A RATE OF $73.87 PER MONTH FOR 60 MONTH TERM PLUS MAINTENANCE OF $300 PER YEAR: Commissioner Finster made a motion to approve lease agreement between Calhoun County EMS and Office Systems Center for a Ricoh MP 2852 refurbished copier at a rate of $73.87 per month for 60 month term plus maintenance of $300 per year. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor Susan Riley From: Carl King <clking@att.net> Sent: Tuesday, May 03, 2016 10:02 AM To: Susan Riley Subject: Agenda Items Attachments: Copier- Form 1295.pdf; Copier- Office Systems Center Quote.pdf; Ambulance clinical agreement (1).doc; EMail to Shannon.pdf; Form 1295 EMS Online Training Plus.pdf Susan, I have two items for the next Commissioners Court Agenda if possible. The first item is for a copier lease for the EMS station. Our current lease is up and BCOS has gone out of business, so it is the perfect time to get another machine. I have also included Form 1295. The second item is for an education affiliation agreement with EMS Online Training Plus so their students can do clinical time with us. I have included Form 1295. Let me know if you need more information. Thanks, Carl April 21, 2016 Calhoun County Emergency Medical Services 705I Ienty Barber Way Port Lavaca, Texas 77979 Attention: Mr. Andrew Chednbets f )eat Mc. Chambers Thank you for considering Office Systems Center for the purchase of your new office equipment and supplies. We offer a full line of produces from typewriters and facsinnile equipment: to copiers and personal computers and printers. I am enclosing pricing for the, Ricoh AGcio Refurbished IVII' 2852 Digital Copies Please note that we are offering you more than just: it price quote, we ace offering you dependable setvice. We have been serving Victoria and the surrounding area since 1983 with a staff to support each item in this proposal. Our technicians are trained by the manufacturer and mobile dispatched to reduce your downtLne. We believe you will find the enclosed price quote helpful in ,making a sound business decision for: your connpany. Onceagain, thank you for the opportunity to work with you. If you have any questions of need further information, please do not hesitate to contact us. l ry truly }y >urs Ricky Reeves Senior Sales Consultant Page 2 C0lhutut (aunty Vinugoncy Medical Services April 21, 2016 Ricoh MP 2852 REFURBISHED raper Feed I Init PB3220 2x550 Sllecls I Bin Tray BN3110 Finklm 8R31,10 Bridge Unit BU3070 Pax Option 7)pe M1.2 LSP Digital Next Gen 12.0/15 Surge protector Copier3lodurd Specifications oarl Features: 28 pill, CopylScnnlprial Spactl, 2 x 550, 100 Shut ARDF, Duplex, 9" Color Operational panel with Integrated USB/SD Card B/W Print & BAV & Color Scott to C-ntall%FUlder/UR1, "I"I TIvaht Scanning 2.0011 RAM, 320GB HDD IINf3' QTY _ PRICE I a 9,400.00 I S 1,584.00 $ 580.00 I $ 1,930,00 $ 220.00 i $ 1,510.00 279.95 Sub -total Less Diseoonl For Rdarbished r rim', stagy tes�llrolucCuunii"��iiai�enejfi7ei8oai SEavicr<;;;. RX'PENDED PRCC'E Collwtw Cmntty D•mcrgUncy Medicnl5orviccs DcLngO FMV $U Down S.�RI` Price 36 Wallis 48 Mauhs Ricolt fvill' 2852 REFBRDISBED $15,527.95 $ 3,950.00 $ 110,09 $ 88.88 { AMINT8'NANCC :U+�(Erdtki1G33:�vf;AlA4fi3`t�tC¢6»-:1iaS37:t0573dCib'NP�'I41=53' PSIvI all Service, Mnintmmuee, Lnhor,'frnvet'1'hne. Nlilenge, Parts for Necessary Upkeep, Drums, Rolleas, Toner, and DMI0110r. RX01odcs Paper Supplies & Staples. Overages IMIRe Billed Al $ 0.0125 /Copy S 9,400.00 $ L5SA.00 $ 580,00 S 1.930.00 220.00 $ 1,530.00 $ 279.95 $15,523.95 $ l 1,573.95. NOWU =s Credit Approval CALHOUN COUNTY EMS has been Approved! Date: 4/27/16 Re: Credit Application # FTW78387 Attention: DAN PEDONE INC-(Shambhvi Watturkar) Internet Tracking #: 1944234 From: LIZ DOUGHERTY 1. Please review the exact terms of this Credit Approval. Customer's Full Legal Name: CALHOUN COUNTY Approved Credit Amount = $3,950.00 Purchase Option = Fair Market Value Payment Frequency = Monthly Lease Term = 60 Months Maximum Soft Costs = 25% Estimated Trade -Up Amount = $0.00 Application MSRP = Not Provided 60 Payments of $73.87 plus applicable taxes (0,0187 rate factor) 2. We have filled out most of the lease for you. Please calculate the applicable sales tax and then complete the lease In all the shaded areas below. The amounts listed below are based on the above approval terms and the Information you submitted in the Credit Application. If any of these amounts change, the payment amounts and taxes will need to be recalculated. Number of Lease Payments 60 Lease Payment $73.87 Applicable Sales Tax Calculate the tax Total Lease Payment Lease Payment + tax Security Deposit $0.00 (PL S) 1 I + First Period Payment $o.00 (PLUS) + Other $o.00 (EQUALS) - Total Payment Enclosed $0.00 3. The following Documents are required so we can fund this transaction: • An executed Delivery and Acceptance. • Your itemized Equipment Invoice with serial numbers. • A Lease Contract signed by a(n) EXECUTIVE DIRECTOR (please complete either the equipment description section or the Schedule A). 4. This approval is contingent upon the following: • Our receipt and acceptance of the above documents in form and substance that we.deem acceptable within thirty (30) days of our initial approval of this credit application. • Our verification: 1) that the equipment Is new (not discontinued), 2) that this transaction compiles with our equipment MSRP and allowable soft costs policies, 3) of any promotional lease rates requested by DAN PEDONE INC, 4) of any applicable Trade -up amounts and 5) of any applicable upfront sales tax amounts. There has been no change to the Customer's name or Identity, legal form, requested funding amount, equipment to be financed, buy out or trade up amounts, financing term, or any materially adverse change in the business, assets, operations or condition (financial or otherwise) of the Customer, or any guarantor, prior to the consummation of the lease financing. Any such changes will, at our option, vold any and all of our obligations under this approval. Our verification that the Customer meets our Know Your Customer requirements. Simply return all completed documents as soon as possible to: LIZ DOUGHERTY 1111 Old Eagle School Road Wayne, Pa. 19087-8608 Thank you for your business. If you have any questions, please call us at 80073LEASE. visit us at www oncefinanceus coin to generate approvals online, view application status, and receive buyout/trade up quotes instantly. For website access contact your Sales Support Representative at 80073LEASE. N1 i anti I Andnn Finanrial Services. tile, Lease Agreement # FTW78387.001 �J Phone umber Full Legal Name 3615521140 CALHOUN COUNTY w w — BIII ngA dress I(en ton to 1- 705 CO NO 1�11, PORT LAVACA, TX, 77979 Send Email Invoice Tot! Purchase Order Number Equipment at ode] um or Serta umber uanldy Ooscapton Agee t separate.Schedule f ecassary a w u• I �_ = ____ _ eato plus Applicable Taxes Leese Payments Paymon] Mes eases n of Lease pl on PaymentFrequenoy 60 Fair Market Value Monthl 00 Plus Appilcab]o Taxes n o eas .urc esa. p ons la lo. ua essano Mr—o 511on s n cae . w , Plus Applicable Taxes soon — as enor er oa aymen Enclosed oc Deposit Payment n u� _ Lease Payment stud¢¢ doesNO nfe emalnlenance sery elsupp es creckmla + + Lease payment may be adjusted for up front sales tax. YOU agree that (ilia is a nonaancetab]e 10330, 1be Equipmentlst ❑ NEW ❑ USED LLi Sigaa a}'4' tfn E} �r lik`I Daler y Tn o,. Yl '. im ame. [) i� 1 soagal ame of C¢ oml'. CALHOUN COUNTY _J The Equipment has been received, put procaullo egalrst me, Itv'sive 10MA and the tof ase44andlorceenddmmpraomiso0 off- CoinmOnwoneille0 gay � 5 nature t7 California Finance Lender License N¢.60352M Lease Processing Comer; 1111 Old Eagle School o: 8a08 .....,,.,,,,. _.. IGee1 ]YO fi90 Insurance Wayne, PA 19087- ®2ota All Pants Neservad, Pared In the U.S.A. @On. IBOED00327 2lta C6 P'-,/ na 1 ann 1 andan f i❑anrtaf 5nrvires. tnc. Lease fagreemenl # FTW78387-001 Fup Legal Name Phone Number 9815521140 wN pm ay A9tlreu AlleOUen to w 705 CO R0101, PORT LAVACA,TX, 77a7O J Sesd Emz9LnricaT4 - Purchase O:6w NUrtber �� tquNmenl h a•a h PUm r um ►coti M�aeSa w4aa�.aota3� 1 3o5a rulnoazAoogao m IllpiRull,kil dl sepzmta sGl enAll Necesso hM� ag5'�.s'PDi ,�41 •ter Icoh`�1 e un�A '63o5o ,cow ! n G axe NIW AppllcahleTakei pmo CWcar n e Lena V an aym4vll Frequency Vmvu Lease Payments Paxnuld _ 80 FalrMrket Value Mounn tnhsl MuspsabnTan+ 60 8� aW loop lonisinmla en O . n [wbieToses Irs N .n Paooxfl Payment or ( oEndwe7 W ? ease Palrnnnl InauNsl Qes NOT4Mu6ema411lnan Abenxosubenxlsu l!la cM1lsklra 'LNbe(1a91nbehllay 6l etl Yblallla(np GoplsolGS Wk.- -_ a - _-_ CJJort'u FWance Len6tt Peen» ee.aw s've COPIER MAINTENANCE AGREEMENT Offic ?system83 C E N T E R 110 N. MAIN VICTORIA, TEXAS 77901 (361) 575-6886 CUSTOMER INFORMATION BILL TO: SHIP TO (IF OTHER THAN BILL TO): NAME: CALHOUN COUNTY EMS NAME: ADDRESS: 705 HENRY BARBER WAY ADDRESS: _ CITY: PORT LAVACA CITY:. STATE: TEXAS ZIP: 77979 STATE: �� ATTENTION: CONTACT: Agreement Number: 00 061603 EID umber: 7a7z Custom umber: 051604 Ei t, a Date: 5MI/2016 PHONE: EXT: PHONE: EMAIL: EMAIL: _ EQUIPMENT MODEL#/ACCESSORY SERIAL# Asaw 'SER_V,ICE PLAN RICOH MP 2852 SP DIGITAL COPIER W422LA01235 COVER G . F,S�yTf'-+YNCLUDING SUPPLIES (=f�rG_)<ing Paper& Staples) RICOH BRIDGE UNIT BU3050 W602ZA00890 ERM: 7Year ":�_, RICOH FINISHER GR3090 W752QB03346 N L, CREASE: 3% RICOH I -BIN TRAY BN3090 W722QA00534 Bid�e..'.'. Yw Black: $ 300.00 plrifY;t'J`• Color: NIA per Mon RICOH FAX OPTION TYPE 3352 W492Q903470 ALLOW G J_ck: 38,000 ".;phi_'; —'pwr Color: N/A per Man RICOH CABINET FAC52 NIA OVERAGES¢ BJ,0. $ 0.012 Cgp- Color: NIA per Click EQUIPME T4S' USED `# ,1_3NLjgQE X RECONDITIONED ' EXCLUDING PAPER &STAPLES �taINF0RMAT O, _ INVOICE DATE: 61311 .11 INSTALLATION DATE: 5/31/ Q f BEGINNI%'FTEFADING: BLACK: COLOR: -0- Full Service Maintenance. Customer agi p rchase, and Office systems Center agrees to' a the Full Service Maintenance'FSM" described In Paragraph 5f7 hereof for the Equipment Identified above in ace e h the prices, terms and conditions set fodhi h� o y Time and 9t)s Se ce• O (e Systems 09 _ e s - r alive to FSM whereby a Costs a, " e'es service from Office Systems Center on an as required basis. In requesting Time it ..-tat dLs�e W. Customers g-ree�s'p? ,'s pay charges for labor a g -asln accordance rdlh Office Systems Center's Parts &Labor List Price In effect at h2 Serviceisr quested. Payment to f the`ere se' ar"Is qe po recej n ice. However, Office Systems Center reserves the right change the terms of p9, Kbased upon review and approval of the OFce ACCEPTANCE 3 PENIS CENTER T14XAS 77901 (361) 575-6886 u CUSTOMER: CALHOUN COUNTY EMS b � SIGNATURE: TURF: PRINTED NAME: (� a 4 DATE: 0511111— 6 " / TITLE: SR. SALES DATE: �',3 J•-�� TITLE:. .L� rpC rVrZ- osc Va o ns COPIER MAINTENANCE AGREEMENT Dan Pedone, Inc. TERMS AND CONDITIONS APPLICABLE TO OFFICE SYSTEMS CENTER MAINTENANCE AGREEMENT SECTION I -APPLICABLE TO ALL MACHINE MODELS AND PRICE PLANS ON ALL FULL SERVVCE MAINTENANCE ONLY. 1. COMMENCEMENT GATE. The commen<dmun(dma forihis agrcemvnl shall bo In accordance wigs file conditions noted bide.. 2. PERIOD OF ASSURED FSM AVAILABILITY. This agreement will eommonce on ilia date Indicated In Section 1, Paragraph 1 and continuo fora period of assured FSM AvalUbimy as described below, A. For newly manufactumd and reconditioned Mainframes me period of assured FSM Availability Of the agreement shall be (1) Five years or 600,000 copies of the original install data. (2) Five years less the time elapsed front the Wamnly Expiration Dale to The data this Agreement has been Accepted by OSC or 500,00 total copies if the MaLg.me has not been subject to an CSC, FSM Agreement continually Imm the Vlarmnly Expiration Data. 3. ACCEPTANCE BY OFFICE SYSTEMS CENTER OF FULL SERVICE MAINTENANCE. A. FSM is avaiUblo only foroquipmenV having A valid ... ill number and Untlorwritedo Laboratory (UL) cedificallon, B. Equipment purchased team OSC author serviced oa other than An FSIA basic for less than one year from the Warranty Expiration Data or LeasefPurchase Conversion Salo whlchrvor Is appropriate, is Argued. for eeneemlon to FSM subject to Inspection and acceptance of Ill. Equipment by OSC. C. Equipment purchased gam OSC and serviced on other than an FSM basis far morn than an yea, but less Ilion five,from the Wamnly Expiration Data or L.OAAIP ... box. Cohosous t Date, whichever is Appropriate is eligible for converse., to FSM subject to Inspection and acceplancr.1 it. Equipment by Office Systems Co.(., 4. ACCESSORIES. Anyxcc.ssm, purcbaced from Office Sysloms Centel for which FSM pricing is available automallcally shall be eubje[I at the time of Its attachment to Equipment or al the expiration of Its purchase warranty whichever attars later, to the terms and conditions of this Agreement at the FSM pit... iron in ¢first. The temp of the Agreement with respect to sash a.rossgdos shall be I .... Dart will, flee term for Iha thr edam¢. Ofli<e Sysloms Center also may terminate This Apreamenl rl ony I'tne upon sudden notice if any accessary attached to ibe Mainframe and for which no FSM Field, Is avallabio, trine( in OfUco Systems Center's sole dlscrmiOn, be maintained in good working Order and Customer does not remove or place ..all accessory upon written Coll. farm Bids. Sysloms Center. S. DESCRIPTION OF FULL SERVICE MAINTENANC. A. During (lie period of assured FSM Availability Office Systems Center will maintain tire Equipment In good working offer in accordan<o with its a policies as amended from time to time. Service will Include (1) Unscheduled.polm on request by 1 r DAIWA... during Ofg<e Systems LonieYs normal working hour¢. (2) Ongoing hlalnlenanceae dofinvtl Oy thr current oillca Systems Cvnmreervica pollens apPll<able to the mspacliva protlue! which Inelutivs dram, ruz.r rollers, lubricalion, cleaning, adjustments, OPC'. (m,med. phere candridors), developeq toner and replacement parts which am unsarvitoobia and excluding staples and paper. (3) The unAorvlceegidily Or parts will be determined solely by Ofries Systome Centaq and enslaved on an axcimegA basis. Replacement parts Wlll became the property of Offico Systems Centers, B. Office Systems Oontorwill provide Alter Hours Service on an it avail. losaq trio ant c S .11.5 fibers the published TAM is plus lore. C. Bills. Systems Ca m01111! UI �m gf4'n Improvements bearing We Internal designation'mantlntoryreh Q•= 0r [era me.0 of lease Equipment, except that if the Equlpmenl has not bee au aq. oz d-Sr, Immenord con` 0 floor the expiration .1 the Purchased Equipment Wmranly a, 'ial.li(easaroin(rotlucedduring the taros of this Agreement will be lnstaltetl. O. Anyace sam f- Inch no FSM pricing Is ... liable And which is attached to fro Mainframe will be serviced du g3. of this Agreement as part of the normal sorvlc of the M.fiff amo. Hawavor,lnllm eve ',O e,y.from cents, At is our....air.., can no longer nialnlaln such A, ... an, in flood weds Ord Systems Canter will notify lira customer to mine" or replace such accessory, E. If during lh 'p .r of assured FSM availability of this contract 010A. Systems Canlar in lie A.t.jud,manl cannot Is a Equipment In good walking order. BAD shall micas. lino Equipnnentwbut a mother far, In goo order If the same product dashgnalm. subject to the followw, P1.1.1ons(1) Illho mewlym E ' d Equipment is mplaced within one year from the Womanly Expiration Data, the raplacemenlu Ia A -6 newly manufactured, depending on Equlpmenl ovellablft, The.placamant entl shall b A de ere he original sold trail was Used. (2)1l the nowlymanuracmrctl EquipmenUsrepUcedme e A Yfiler the Waroay Expiration Dale, CIA roplacermall unit shell bp'ATjisi Cm or islad1 ccmda it`tI oI.Alm. lonsfulblahloasa units, (3)IfihoE WIN v E' �t illad plqqI..�.Meet ..it chat( be A unit reWrbishetl lrseOe ben ra 0d0usetl tn.furblsM1 le e. I I�It:a. molacamrnl unit of the amep and 1' -"TlW"prior n", 06" nohmgera"u"a" lhd p tie q :g U Wbc r a t subs! arargre te cap blliMlcs am rho orlg dal Equip qu pm nl, naFticJs �ery�'.` IT o e . he pplicabl FSIA roles forth¢"T"cemenit"d (5)If "'as GIs trap of d Accafte"Y ngood working artivr lorwhich FSM pricing is na."u"o. shall�a'ca ha' .¢ass taAC[aff.naawil, the a bout a sandRions but shall have no obligado.'. replace the i I. eantlloran,Accessary which Olila. Systems Comer tla 'nvs to be In good work order. ef•A,j emeni.removal, lmnsportaUan.aN rigging charg'gsa "1(,(fo paitl by office Systems center. &s R ICES NOTINCWDES S.,vtoA. nor Included In F."W11r1 r Aaa A,.ad In accrrdan<e with Ibe 1111t, e fop'Ti"a a ffifflol lance. can...(ad with Aher xtador painting or mrsucbinO of Equlpmenl (5)Ian co of normalopTepsir of damage firm any sauceotire,than mdiaa_xcepl damage caused by it,. saloffe'g'11T>7"e__ A,p'TsQfgce Systems Center. (]) increase in serV cmgL@lesuiling from operator nap@ems ]. LENGTH�gFP U)OMATIC RENEWAL A AIigFOXOAo�mfi by uusebOd Ofhw Systems Center mpr so 15 qdl e"cYMs (this a,me e U attic'!,ho less rp rive 12 months ar the numbs Teeple peo_ada .1 o'N'➢eon b'a co me me on the Holiday of the calendar month following (1)Manframc E% f o aaseiPumlUso Conversion Dbla or 3 h ) conversion from Timo A"'Aetna .e .-R-p 4s anemled at the and of the Initial or sacsosstve Agreement firms, the Agre.... t.trnll be renewed far mr ecassive turns .1 the prices, farms.. conditions In effect at tiro lime of ranawal. C. Renewal which would exceed tiro Foiled of assured FSM avallablllty (rmgmph 2) will expire on the pedotl of assured Fort Availability oxpirallon data. 0, CHANGES. The FSM pdias, forms and conditions shall be (hose I. .[fact on the C.mman.ement Oct. at forth in Pammaph 1 of this Ameeme.L After the Commencemanl Data Office Systems Centel may chanpa pdcw, teens, end conditions upon 3n tlays pdor not.¢. Such changes will apply to the successive renewal terms an the effective dale(.). Office Systems Center may change there terms and conditions of paragraph is at any time without pdor. Office Systems Canter does, however. gumnteo (In availability of FSM for the price, farms and conditions as modified from time to from for the period of assured FSM Availability of the Agroomaot as specified in paragraph 2. ACANCELLATONOFAGREEMENT, A.After the commencement Dale, Customer shall have rho raht to cancel this Agreement Upan priorvuttl.n notice to DSL only sit the entl o/ Iha INlial oranyannual renewal term with the following ... Ai... In the oven OSC, pursuant to integral, of this Section, changes pde.s,to.. and condition, lather than paragraph is)Cooked., may I i. this Agreement upon prior written notice to OSC at the and of the Initial term or any samovar to x opt as provided in Section 1, paragmphs4&1S. OSC At have the died to terminate lists Apra. , t iha expiration of the pedotl of assured FSM Availability. C. If customer ties in effect FSM lnciudin a. should Agm.rmtb. catcalled by either party, Cuslomaragrec¢ to OSC fanny unused su Ina pre -.led basis. any dorms, rollers to. [tell ware Installed entl have at completed Institute - 10. RELOCATION OF EQUIPMENT. Crammer shall bo liablefor all <os so iedwilhequlpmmtt .least!.. .,..led by Ill. Cosmic., These costa will heeled¢ all spell A for hand saserver charges, special rigging ahAgRs and any pans entl Technical Represent bo((connected with the relacallon. Technical Roprciemtativo labor and pans, will be charges inn Plea-[45 with OSC Strait be under no obligation to provide maintenance services fm OOY unit of Equip catedtoany ......grand area wham OSC date ail _the Equipment for Inns. ar,.l 11. FORCE MAJEURC OSCA �?!(so 0 Sir, ofyglig.t.somorae. tie d eto cause beyond Ira conhol. Including but mat p tl„ fop ar 6. Me d'A t, b,rabelllans,..ts of God antl aimilaroccurrencos. 12. WARRANTY. OTHER THAN THE OBLIGATON OFO$0EXP.@E,S�SEY; , 0 HE. EINOSC DISCLAIMS ALLWARRANTIES EXPRESS OR IMPLIED, INCLUDIIM O+ M 0_,;, IMPLIED WARRANTIES OF.MENGMANTABiL" OF FITNESS FOR A PARTICULAR PURPOSj!, �,_LNOT BE TO, DA O A IF ,SRE '. RPERFORAVANCE OF THE EQUIPMENT OR TH L i E OFT UP10, i3.''t '� A C aloe or cell "a o for FShllnedvmncefor the convicted period . If a h lea ,q„i U4ye role. B. For WSUa1Y S d hiss, Cusfometa biliwlllbe prorotetl based on a36` a btlay mnnlM1, c. All lnvotcae m a 'oupon rA<alpi. ✓ REACH OR DEFAULT. A. It Cu 'd znot pay ihaamaunlsduohereunderor bYmadmsany oflhe ors of this Agreement or if Cualo ➢-. 3C doing business ass 9oin9 cancem Orlla pelRlon is ldlatl by or against Customer untloreny of R...v Sans orchaplers of the Bankmptoy Act or any Amendment 5 hereto, orif Cuziomermakes, rig__,,,1�pr ntlanhe beno(Ilof esadlmrs or calls A gA...[bauting of Imm, oratiempm an lnl Sgppmant orcomposilion vrilh ttatlitorA or if A receiver.,any Officer n is appointed co, of iha prapertY or if OSC deemslha Agreement to so in jeopardy or b b; ns um0(fico/5 stern` 0terin atldigan loanyathorlagai ramedias R may he. may terminate the ,p, Ab five/sa"ti rid notice to Customer.B. Cuatomoraggress to pay to OSCm.a... his .it g¢px ntlTog.' Poises Immured in exercising anyof its rights and comedies upon broach of this A, AL A G 0 Furthermore, OSC may Visitors. tide AOrcemensefrective UPA. wdltaa notice In the eve G'a ipment is placed In an area which violates OSC's approved Space, eleclrleal or onvimnm n s is moved beyond the career: designated lm .all Equipment with..[pdor Witter. notices G move is byalherlhan 03"approved riggers, or is modified. damaged, rid Auld or aervi[e a.b mployoesof DEC or in the oven that the Customer falls to distant... lanysuppiyiten e� e _ Amehin.d..A,e,.,arms unreasonabie...Islas sorvlco An does p` ('...for I is tll 33;; Any guideline which OSC may have for such supply ilems, LOPER. OSC has p, .' 7. install and remove developer. developer will be removed In A a wghlha opplicabla >pmm antl OSC willromova OSC daveloperbam ibe Customer p r e9 less No Cuslomeraps, (ally requestsollsomiso. 16. �E L A.FREEACCESS. office Sysloms Censor shall have free access to the Equipment to pert A``. cash..... B,TAXES. Curtameragreas ip pay all taxes lnduding stem entl Local salsa mr exc[seta s„ Aµevordosigrtod,lo tedorbazadonlheservicochamospursuanttolhiSAgmmnanland amyl e' nounmin lion lhoroof paid orpayable by OSCln spa«of the foregoing. C.EQUIPMENT OPE $ Curtomm shall provitle Equlpmenl Ney opemtam foroa[h.Flit of Opantionand Customer she p x operators to OSCatOSC's training location DemoN CuaDmets Service Addressfor In e It n the use of the Equipment. D.NOTICES. All mul...rrdc pursuant to this Agreement will be F . b: pen mailing and,ball be as foliaws Ta Cusomer Al rho bliilne atltlsass shown above to OSC at (Iha. dss given(or natmeaoniho Cusioma(s moslmcenllnvplve. E.ASSIGNMENT. NeilheYlhabonagte bo t-' obllgal ens of lids Agrconteni am aselonablow maul the wditen consent of CSC. HEADINGS. The headings and lilies of this Agreement ate nserted only for convenience and shall not attest the in(etpretalion rrcon¢ Wcllon of any provisions. G. ENTIRE AGREEMENT. This Agmanrant shall become effective only alter execution by customer and office Sysloms Center In the Places provided. ]its expressly understood that no enter form of acceptance, verbal or written, will be valid or binding and that this Agreement shall constitute fine entire Agreement between Customer and office Systems Center Onus respect to subject matter Irrespective of Inconsistent oratldRional mans and conditions In Customer, purchase ortlers in anyother documents submiltetl to OSe by Customer or in representations made by Office SYAWms OenterpemonnmL SECTION II -APPLICABLE To ALL MACHINE MODELS ON TIME AND MATERIAL (' T&A1") PLAN 1. OFFICE SYSTEMS CENTER DICLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABLAITY OR FITNESS FOR A PARTICULAR PURPOSE. OFFICE SYSTEMS CENTER SHAL NOT BE RESPONSIBLE FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DA41AGES ARISING FRONT THE USE OF PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT. 2. Office Systems Center will not servtee Equipment wil Is placed In an area which violates OSC approved space, elemricat orenvimnmenlal rcgUlrcmenL arwhich Is modllled, tlamaged, or alleme by Cuslomar. 3. Main(cames on TAM Wluch have been Installed for less Iha. one ye.,from tiro Wamnly Expiatog Data whichever m apmop tat. a. aiigmle for conversion to FSM subject to inspection and acceptance of the Equlpmenl by Office Systems Censor. 4. IAalnframes an TeM which have been installed mr roam Than ono year but less than live ..am from lira Warranty Expiration Data or Leasedsmahase Conversion Data, whichever is apprapflmte Oro eligible (orconvemion to FSM ¢ul,jacl to Inspection antl vccep[ancv of Iha Equipment by Office Syslanm Center. 5. Office Systems Cooler rOSOMOs Illo Oghl to diaconlinue TEtA Imels.on any pmtluct AV ony limo In the event of urvallablllly of parts or toned technicians. A. TAM miss a. Vhosu provided by 011ico Sysems Center upon.gmal and arc subtecl to change without notica. T. C.H.merundemtands that TAM sorvlco does not include the replacement of Equipment which con no longer be mainialned In good working order. On site engineering Improvement will be Installed at the than ...of T&M roles forsuch improvam.nis only g mmisawd and avallabio. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos, I - A and 6 It there are Interested parties. Complete Nos, 1.2,3, 5, and 6 it there are no Interested parties. OFFICE USE ONLY CERTIFICA710N OF FILING Cortifleate Number: 2016.53649 i Name of business entity filing form, and the city, stele and country of the business entity's place of business. De loge landen Financial Servcies, Inc. Wayne, PA United States Date Filed, 2 Nameofgovernmental entity orstateagencythatisapartytothecontrac for which the total is 05/11/2016 being filed. Calhoun County ' Date Acknowledged: 3 Provide the Identification number used by the governmental entity or stale agency to tracker Identify the contract, and provide description of the earvicos, goods, or other property to be provided under the contract. FTW78387 Digital Copier Nature of Interest 4 Name of Interested Party City, State, Country (place of basloess) (check applicable) Controlling intermediary Dan Pedone, Inc Victoria, TX United States X 5 Choctkonly if there is NO Interested Party. r—ry LI 6 AFFIDAVIT i swear, or affirm, tinder pennity of perjury, that the above disclosure Is true and correct. ^' signsu eotauthorizedaGentatc,4 tatting 1nessentity AFFIX NOTARY STAMP 7 SEAL ADOVE M / ZL Swan o and subscribed befote ma, by the sot - .C�. jythis thq14_ day of Z —., 20 to cedify which, vAr ess a hand and seal . ;u � LTH O PENr B V NOTARld SEAL CATHLEEN A. LAWLESS, Notary Public Twlyodn Tovmdrip, Cho, Aer Co6rr�r AvcMirtMuran NM 12, 2M Stgnawre-urffeer 4dinifilideting oath Printed naive of ol6cergdminisfering Oath Thin of officer administering with v_...,...: h,n A 4na4 Forms provided by Texas Ethics Compnsston www.emms.suto.nx,us ^ ..-•-• CERTIFICATE OF INTERESTED PARTIES FORM IL295 1of3 Complete Nos. I.4-and 6 it there are Interested parties. Complete NOS.1, 2, 3, 6, and 6If there are no kuerestod parties, OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-46000 1 Name of busiaoss entity filing form, and the city, State and country of the business ottity's place of business. Office systems Center Victoria, TX United States 2 Name o.f governmental entity or state agency that is a party tot the contract for write[) the forms being filed. Calhoun County Date piled; 04/27/2016 Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to tract( or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. 051601 office Equipment and Maintenance Agreement for May 2016 through May 2017 4 Name Of interests(] Patty city, Strike, country (place of business) Nature of interest (check applicable) Controlling Intermediary Pedone, Dan Victoria, TX United States X e Check only If there Is No Interested Party. 6 AFFIDAVIT i swear, or affirm, kinder penalty of perjury, that the above disclosure Is true and correct. ADRIANA COOKE Notary Puma, stale of Tax My Commission Expire SEPTEM6ER 01. 2 signature of authorized agent of contracting businessearly AFFIX NOTARY STAMP / SEAL ABOVE swear to and subscribed before Inc. by (lie said t t�l� `,.J�'t.. + e Z-^' _ this the ( Y C day of , 20_k-e—, to Codify which, witness Illy hand and seat of office. gnaturo of oflic adnlinlsterklg oath Printed name of officer admIrdslerklg oath Tllie of officer adi 1 Ilsiednq oath Forms provided by Texas Clhlcs Commission wwrmethics.state.mus version CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-53649 Date Filed: 05/11/2016 Date Acknowledged: 06/01/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. De lage landen Financial Servcies, Inc. Wayne, PA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. FTW78387 Digital Copier 4 Name of Interested Part y City, State, Count lace of business Y, Country �p ) Nature of interest check applicable) i PP ) Controlling I Intermediary Dan Pedone, Inc Victoria, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1u21 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are Interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-46000 Date Filed: 04127/2016 Pate Acknowledged: 06/02/2016 J. Name of business antityfiling form, and the city, state and country of the business entity's place of business, Office Systems Center Victoria, TX United States 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. Calhoun County 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 051601 office Equipment and Maintenance Agreement for May 2016 through May 2017 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I intermediary Pedone, Dan Victoria, TX United States X 5 Check only if there is NO interested Party. ❑ 6 AFFIDAVIT [swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 REQUEST TO VACATE LOT 11 AND LOT 12, BLOCK 1, KOINONIA POINT, AN ADDITION IN CALHOUN COUNTY AS RECORDED IN VOLUME Z, PAGE 778 OF THE PLAT RECORDS OF CALHOUN COUNTY, TEXAS: Commissioner Finster made a motion to approve request to vacate Lot 11 and Lot 12, Block 1, Koinonia Point, an addition in Calhoun County as recorded in Volume Z, Page 778 of the Plat Records of Calhoun County, Texas. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Kenneth W. .F'angter County Commissioner County of Calhoun Precinct 4 May 20, 2016 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 Commissioners' Court Agenda for May 26, 2016. Consider and take necessary action to vacate Lot 11 and Lot 12, Block 1, Koinonia Point, an addition in Calhoun County as recorded in Volume Z, Page 778 of the Plat Records of Calhoun County, Texas. Sincerely, �" W. J�cv Kenneth W. Finster KWF/at P.O. Box 177 -Seadrift, Texas 77983 - email: kfinsterocalhouncomorg — (361) 785-3141 —Fax (361) 785-5602 PETITION TO VACATE Lots 11 & 12, Block 1 Koinonia Point THE STATE OF TEXAS} THE COUNTY OF CALHOUN) KNOW ALL MEN BY THESE PRESENTS: That the undersigned being the designated agent of the owner of the property described as Lots 11W2, Block 1, Koinonia Point an addition in Calhoun County as recorded in Volume Z, Page 778 of the Plat Records of said County, do hereby petition the Calhoun County Commissioner's Court to Vacate said Lots 11 & 12, Block 1, Koinonia Point in accordance with Sections 206 and 207 of the Subdivision Regulations and Recreational Vehicle Park Regulations Adopted by Calhoun County Commissioner's Court on November 29, 2004 and amended on December 13, 2007. The property is proposed to be repiatted in accordance with a plat submitted to the Calhoun County Commissioner's Court. The petition will be considered by the Calhoun County Commissioner's Court on April 14, 2016 at 10:00 a.m. TeOry T. t�jddick, R.P.L.S. Urban Surveying, Inc. 2004 N. Commerce Victoria, TX 77901 361-578-9837 S17708.01 FINAL PLAT OF KOINONIA POINT RESUBDIVISION NO. 1: Commissioner Finster made a motion to approve Final Plat of Koinonia Point Resubdivision No. 1. Commissioner Galvan seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Kenneth W. ,meter County Commissioner County of Calhoun Precinct 4 May 20, 2016 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 Commissioners' Court Agenda for May 26, 2016. ® Consider and take necessary action to approve the Final Plat of Koinonia Point Resubdivision No. 1. Sincerely, Kenneth W. Finster KWF/at Y.O. Box 177 — Seadrift, Texas 77983 —email: kfiuster@calhouncotx.org — (361) 785-3141-- Fax (361) 785-5602 p$Q 3 0 iJw `w o F o .ems .o z G- yza � rcz "MNNE�6 0 �tC two 12 y9w �8pm _ �w 5M� o �i dz�•n ¢�$ F 3 E use ui ��wuFi orrnw�i�w� ESN EF�^ pin .. 5 LL ]ina�oLLN O §o G�P 4�y s': ��.a �C J €d o�ie£I 0 •i �g KO \paNt .� i a JQ IL o Wol gn F So o F u°ia RF =s 6 HT W 2° M. � 1J� Mz W pa , o Uz Sao m "g wa§ z ooLL o MIS_ 3 poll i jqh.' fi3 ivy _. c S Z o F � g� a cn age qa �o31iY __ 'ge,agg g o� �€ of M X U. Z z IRV �z e U C' a og `o3Y= 5� Z 501 °g HE os �w ow em o o MO. A Go Co as s on 3 o � � 3 y aK g�` €�I O� ZO 3omyvoz itlp wy'a U rc zi wm �� eB o s a o t pHH z a� rc> aw oQ¢�o� m �p ad as "co �3� avlh ll _ `�� o U �r �y�Iu�oa�au9� pp � Q € o9s €4INS ® m tt REQUEST TO CLOSE COMMERCE STREET BETWEEN 13TH AND 15TH STREETS IN PORT O'CONNOR, TEXAS ON JULY 15-16, 2016 FROM 12:00 P.M. TO 2:00 A.M. FOR THE POCO BUENO FISHING TOURNAMENT: Commissioner Finster made a motion to approve request to close Commerce Street between 131h and 15th Streets in Port O'Connor, Texas on July 15-16, 2016 from 12:00 p.m. to 2:00 a.m. for the Poco Bueno Fishing Tournament. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 May 10, 2016 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 Commissioners' Court Agenda for May 26, 2016. Consider and take necessary action to close Commerce Street between 13th & 15th Streets in Port O'Connor, Texas on July 15 - 16, 2016 from 12:00 pm — 2:00 am for the Paco 6ueno Fishing Tournament. Sincerely, Kenneth W. Finster KWF/at Y.O. Box 177 -- Seadrift, Texas 77983 — email: kfinster@calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEADS AT ALAMO, MAGNOLIA AND INDIANOLA BEACHES. BIDS WILL BE DUE JUNE 30, 2016 AND CONSIDERED FOR AWARD ON JULY 14, 2016: Commissioner Lyssy made a motion to approve specifications and authorize County Auditor to advertise for bids for storm damage repairs for fishing piers, courtesy docks and bulkheads at Alamo, Magnolia and Indianola Beaches. Bids will be due June 30, 2016 and considered for award on July 14, 2016. Commissioner Galvan seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Consider and Take Necessary Action to approve specifications for Storm Damage Repairs for Fishing Piers, Courtesy Docks and Bulkhead at Alamo Beach, Magnolia Beach and Indianola Beach. Authorize County Auditor to advertise forbids. Bids will be due June 30, 2016 and considered for award on July 14, 2016. CONTRACT DOCUMENTS FOR STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD x0l CALHOUN COUNTY MARCH 2O16 G&VV ENGINEERS, INC. 205 W. Live Oak • Port Lavaca, TX 77979 • 361-552-4509 SET NO. CONTRACT DOCUMENTS STORM DAMAGE REPAIRS FOR FISHIING PIERS, COURTESY DOCKS AND BULKHEAD FOR CALHOUN COUNTY MARCH 2O16 Prepared by: G & W ENGINEERS, INC. 205 WEST LIVE OAK PORT LAVACA, TEXAS 77979 (361) 552-4509 Approved By: Joseph A. Janda, P.E. G & W Engineers, Inc. Texas Serial o. 2921 Texas Registered Engineering Firm F-04188 Date: Project No. 9115.023 TABLE OF CONTENTS BIDDING REQUIREMENTS: 00020 Notice to Bidders 00120 Instructions to Bidders 00220 Geotechnical Data (Soil Report) CONTRACT FORMS: 00300 Proposal 00410 Bid Bond 00412 Certificate of Interested Parties (Form 1295) 00415 Contractor's Corporate Resolution 00416 Noncollusion Affidavit 00420 Bidder Qualification Statement 00500 Agreement Between Owner and Contractor 00610 Construction Performance Bond 00620 Construction Payment Bond CONDITIONS OF THE CONTRACT: 00700 General Conditions of the Construction Contract 00705 General Conditions of Submitting Sealed Bids to Calhoun County, Texas 00810 Supplementary Conditions 00820 Bond and Insurance Requirements 00821 Equal Employment Opportunity 00822 Non -Segregated Facilities Requirements 00823 Statutory Requirements 00830 Prevailing Wage Rate TECHNICAL SPECIFICATIONS: DIVISION 1 - GENERAL REQUIREMENTS: 01025 Application for Payment Requirements 01340 Shop Drawings, Product Data, and Samples 01410 Inspection, Testing, and Guarantee 01500 Temporary Facilities 01700 Contract Closeout Requirements DIVISION 2 - SITE WORK: 02050 Demolition 02300 Pile Driving DIVISION 3 - CONCRETE: 03300 Cast -In -Place Concrete DIVISION 6 - WOOD AND PLASTICS: 06100 Carpentry END OF TABLE Page I of I Job No. 9115.023 DOCUMENT NO.00020 ROMNADMEMM Notice is hereby given that the Commissioners' Court of Calhoun County, Texas will receive Bids for: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD A MANDATORY PRE -BID MEETING shall be held at 10:00 am, Tuesday, June 14, 2016 at the site on 200 N. Ocean Drive (Magnolia Beach - approximate location of bulkhead), Port Lavaca, Texas. Attendance at this meeting by all prospective bidders is required and is a prerequisite to providing a bonafide bid. SEALED BIDS are due on or before 10:00 am, Thursday, June 30, 2016 at the County Judge's office, 211 S. Ann Street, Third Floor, Ste. 301, Port Lavaca, Texas 77979. At that time, all bids will be publicly opened and read aloud. The bids will be considered for award on Thursday, July 14, 2016 during Commissioners' Court. All bids must be delivered in triplicate to the Office of the Calhoun County Judge in a sealed envelope and clearly marked: Sealed Bid — STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD. Calhoun County does not accept faxed bids. Any bids received after the due date and time will be returned unopened. Sealed bids may be hand delivered or mailed to: Honorable Michael J. Pfeifer, County Judge Calhoun County Courthouse 211 S. Ann St. Third Floor, Suite 301 Port Lavaca, TX 77979 Bids shall be for the furnishing of all labor, materials, equipment, plant and superintendence, for performing the specified Work required for rebuilding of the Alamo Beach and Magnolia Beach Courtesy Docks, the 2 1 " Street and Indianola Beach Fishing Piers and Magnolia Beach Crabbing Bridge all in accordance with the Plans and Specifications. Specified Work is set out in Document No. 00300 of these Contract Documents. Bid documents may be examined at... 1. Calhoun County Auditor's Office, Courthouse Annex II, 202 S. Ann St., Ste B, Port Lavaca, TX 77979; 2. G & W Engineers, Inc. Office, 205 W. Live Oak St., Port Lavaca, Texas; OR said Package(s) may be purchased for $100.00 per Package from G & W Engineers, Inc., 205 W. Live Oak St., Port Lavaca, TX 77979. For those desiring shipment of the Package(s), a $30.00 SHIPPING AND HANDLING FEE per Package shall be required prior to shipping. Said FEE shall be in addition to and separate from the above mentioned purchase price. 00020 - 1 Commissioners' Court reserves the right to waive all 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 bids will be most advantageous to Calhoun County. Calhoun County is an Equal Employment Opportunity 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. CINDY MUELLER COUNTY AUDITOR CALHOUN COUNTY, TEXAS END OF DOCUMENT 00020 - 2 DOCUMENT NO.00120 INSTRUCTIONS TO BIDDERS .01 DEFINED TERMS: Terms used in these Instructions to Bidders, which are defined in the General Conditions of these Specifications, have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. a. OWNER Whenever the term "OWNER" is used in these Specifications, it shall be construed to mean CALHOUN COUNTY. b. ENGINEER Whenever the term "ENGINEER" is used in these Specifications, it shall be construed to mean G & W ENGINEERS, INC. C. BIDDER Whenever the term "BIDDER" is used in these Specifications, it shall mean anyone who submits a BID directly to OWNER as distinct from a sub -bidder, who submits a BID to a BIDDER. d. Successful BIDDER Whenever the term "Successful BIDDER" is used in these Specifications, it shall be construed to mean the lowest, responsible and responsive BIDDER to whom OWNER (on the basis of OWNER"s evaluation as hereinafter provided) makes an award. e. WORK Whenever the term "Work" is used in these Specifications, it shall be construed to mean the Item(s) set out in Document No. 00300 of these Contract Documents. .02 COPIES OF BIDDING DOCUMENTS: a. Complete sets of the Bidding Documents in the number and for the purchase price, if any, stated in the Advertisement or Invitation to Bid may be obtained from ENGINEER only. b. Complete sets of Bidding Documents must be used in preparing Bids. Neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 00120-1 C. ENGINEER, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining BIDS for the Work and does not confer a license or grant for any other use. .03 QUALIFICATIONS OF BIDDERS: To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within five days after Bid Opening, upon OWNER's request, detailed written evidence such as financial data, previous experience, present commitments and other such data as may be called for below. Each BID must contain evidence of BIDDER's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. .04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE: a. It is the responsibility of each BIDDER before submitting a BID to do the following. 1. Examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below). 2. Visit the site to become familiar with and satisfy BIDDER as to the General, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 3. Consider federal, state and local haws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4. Study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data. 5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which BIDDER has discovered in or between the Contract Documents and such other related documents. If discrepancies and/or inconsistencies exist between the Specifications and the Drawings, the Specifications shall govern unless otherwise noted on the Drawings. b. Refer to the Supplementary Conditions for identification of the following. 1. Reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 11111 1 ►. 2. Drawings of physical conditions in or relating to existing surface and subsurface structures (except underground facilities) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by OWNER to 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 rely as provided in Paragraph 4.02.A of the General Conditions has been identified and established in the Supplementary Conditions. BIDDER is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. C. Information and data shown or indicated in the Contract 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 or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. d. 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 Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the General Conditions. e. Before submitting a BID each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its BID for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. f. On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a BID. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 00120-3 g. Reference is made to the Supplementary Conditions for the identification of the general nature of 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 work. h. 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 Contract Documents and applying the specific means, methods, techniques, sequences or procedure of construction that may be shown or indicated or expressly required by the Contract Documents, that BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies that BIDDER has discovered in the Contract Documents and the written resolutions thereof by ENGINEER is acceptable to BIDDER, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. .05 AVAILABILITY OF LANDS FOR WORK, ETC.: The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of material and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. .06 INTERPRETATIONS AND ADDENDA: a. All questions about the meaning or intent of the Bidding Documents are to be submitted to the ENGINEER IN WRITING and must be received in the office of the ENGINEER no later than 5:00 pm on June 16, 2016. Such questions may be submitted by facsimile (361-552-4987) or email Oweaver@gwengineers.com). It is the Bidder's responsibility to verify receipt of such questions by the ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or otherwise delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Only questions answered by formal written Addenda, approved by OWNER by action of the Calhoun County Commissioner's Court will be binding. Oral and other interpretations or clarifications will be without legal effect. b. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. C. Changes to these Bid Documents can be made ONLY through issuance of a formal written Addenda, approved by OWNER by action of the Calhoun County Commissioner's Court. 00120-4 d. Any oral and other interpretations or clarifications provided by ENGINEER or OWNER at the pre -bid meeting will be without legal effect until approved by Calhoun County Commissioners' Court in the form of a formal written Addenda. .07 BID SECURITY: a. Each BID must be accompanied by Bid Security made payable to OWNER in an amount of five percent of BIDDER's maximum Bid Price and in the form of a certified check or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 5.01.8 of the General Conditions. Power -of -Attorney for person signing for surety must be attached to Bid Bond. b. The Bid Security of Successful BIDDER will be retained until such BIDDER has executed the Agreement, 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 Agreement and furnish the required contract security within fifteen 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 the seventh day after the Effective Date of the Agreement or the sixtieth day after the Bid Opening, whereupon Bid Security furnished by such BIDDERS will be returned. Bid Security with BIDS which are not competitive may be returned within seven days after the Bid Opening. .08 CONTRACT TIMES: The term "Contract Times" is defined in Paragraph 1.01.A.14 of the General Conditions. The number of days within which, or the dates by which, the Work is to be completed and ready for final payment are set forth in the Agreement (or incorporated therein by reference to the attached Proposal). .09 LIQUIDATED DAMAGES: Provisions for liquidated damages, if any, are set forth in the Agreement. .10 SUBSTITUTE AND "OR -EQUAL" ITEMS: The Contract, if awarded, will be on the basis of materials and equipment described in the Contract Drawings or specified in these Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Contract Drawings or specified in these Specifications 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 Paragraphs 6.05 of the General Conditions and may be supplemented in the General Requirements. 00120-5 .11 SUBCONTRACTORS, SUPPLIERS AND OTHERS: a. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of specified date prior to the Effective Date of the Agreement, 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 and other persons and organizations 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, person or organization if requested by OWNER. OWNER or ENGINEER, who after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid Price. 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 and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any BIDDER. Any Subcontractor, Supplier, other person or organization listed and to whom OWNER or ENGINEER does not make 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. b. In contracts where the Contract Price is on the basis of Cost -of -the -Work Plus a Fee, apparent successful BIDDER, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such BIDDER proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER's written consent. C. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection. .12 BID FORM: a. The Bid Form (aka. Proposal) is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. 00120-6 .13 b. All blanks on the Bid Form must be completed by printing in ink or by typewriter. C. BIDS by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. Authorization of this person to sign for corporation shall be evidenced by a properly executed CONTRACTOR's Corporate Resolution, the form of which is included in the Bidding Documents. The corporate address and state of incorporation must be shown below the signature. d. BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. e. All names must be typed or printed in black ink below the signature. f. The BID shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). g. The address and telephone number for communications regarding the BID must be shown. h. Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph .12 c. above. State contractor license number, if any, must also be shown. SUBMISSION OF BIDS: a. All bids must be delivered to the Office of the Calhoun County Judge in a sealed 9 x 12 or larger envelope and clearly marked: Sealed Bid — STORM DAMAGE REPAIRS FOR FISHING PIER, COURTESY DOCKS AND BULKHEAD FOR CALHOUN COUNTY, with the name and address of BIDDER, and accompanied by the Bid Security and other required documents. b. If the BID is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. A late delivery with an early postmark will not suffice. c. The County is not 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 bid date and time. d. The clock in the County Judge's office is the official clock that will be used in determining the time that a bid is received and the time that bids will be opened. e. Calhoun County accepts no financial responsibility for any cost incurred by any vendor in the course of responding to these specifications. f. Faxed or e-mailed bids will NOT be accepted. g. The Bidding Documents may be retained by BIDDER. An unbound copy of the Bid Form is to be completed and submitted with the Bid Security and any additional data that may be called for elsewhere in these Bidding Documents. 00120-7 .14 MODIFICATION AND WITHDRAWAL OF BIDS: a. BIDS may be modified or withdrawn by an appropriate document duly executed (in the manner that a BID must be executed) and addressed and delivered to the County Judge prior to the Bid Opening. b. If, within twenty-four hours after BIDS are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrated 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, that BIDDER may be disqualified from further bidding on the Work to be provided under the Contract Documents. .15 OPENING OF BIDS: BIDS will be opened and (unless obviously non -responsive) read aloud publicly at the place where BIDS are to be submitted. 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. .16 BIDS TO REMAIN SUBJECT TO ACCEPTANCE: All BIDS will remain subject to acceptance for sixty days after the day of the Bid Opening, but OWNER may, in its sole discretion, release any BID and return the Bid Security prior to that date. .17 AWARD OF CONTRACT: a. OWNER reserves the right to reject any or all BIDS, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional BIDS and to 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, whether because the BID is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work, waive technicalities, and to negotiate contract terms with the Successful BIDDER. b. The Calhoun County Commissioners Court shall be the sole judge in determining which bid will be the most advantageous to Calhoun County. 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. Discrepancies between words and figures will be resolved in favor of the words. d. In evaluating BIDS, OWNER will consider the qualifications of BIDDERS, 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. 00120-8 .18 .19 .20 e. OWNER may consider the qualifications and experience of subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is require to be submitted prior to the Notice of Award. f. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any BID and to establish the responsibility, qualifications and financial ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. g. If the contract is to be awarded, it will be awarded to lowest BIDDER whose evaluation by OWNER indicated to OWNER that the award will be in the best interests of the Project. h. If the contract is to be awarded, OWNER will give Successful BIDDER a Notice of Award within sixty days after the day of the Bid Opening. CONTRACT SECURITY: Paragraph 5.01 of the General Conditions an OWNER's requirements as to performance, Successful BIDDER delivers the executed accompanied by the required Bonds. SIGNING OF AGREEMENT: d the Supplementary Conditions set forth payment and other Bonds. When the Agreement to OWNER, it must be When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Contract Drawings with appropriate identification. WAGES AND SALARIES: CONTRACTOR shall pay not less than the prevailing wage rates if specified in the Contract Documents. These rates are minimums to be paid during the life of the Contract. It is therefore the responsibility of the BIDDER to inform themselves as to local labor conditions. 00120-9 .21 00705 - GENERAL CONDITIONS OF SUBMITTING SEALED BIDS TO CALHOUN COUNTY, TEXAS: Reference Document No. 00705 .22 EQUAL EMPLOYMENT OPPORTUNITY: CONTRACTOR shall ensure that no discrimination will occur against employees and applicants for employment because of their ethnic background, gender, age, religious practice, familial status, disability, or limited English language proficiency. .23 CERTIFICATE OF INTERESTED PARTIES (FORM 1295): All Bidders are required to submit a1295 Form at Bid Opening with their Proposal. No Proposal will be considered unless accompanied by an online generated form. The form must be notarized and signed by an authorized agent of the business entity and submitted with your bid, proposal and/or contract. (Reference Document 00412 and Page 0705-5 of the Calhoun County General Conditions). END OF DOCUMENT 00120-10 DOCUMENT NO.00220 GEOTECHNICAL DATA (SOIL REPORT) .01 GENERAL. - This document shall be considered as a reference to these Specifications. Reference shall be made to this document for the determination of any required safety measures in all areas of excavation greater than five (5) feet in depth. Whenever the terms "Soil Test", "Soil Borings", "Soils Report", etc. is used in these Specifications, it shall be construed to mean this document. The preparer of this document cannot accept any responsibility for any conditions that deviate from those described in this document, nor for the performance of any structures if the preparer's construction observation services and testing services are not utilized during the course of the Work. BIDDERS are urged to examine the soils investigation data and to make their own investigation of the site before bidding. .02 OBJECTIVE: The objective of this document is to present enough information pertaining to the soil and groundwater conditions in the area of the Work to enable CONTRACTOR to design cost effective foundation systems and trenching methods. Subsurface exploration, field and laboratory testing, and an engineering analysis and evaluation of the foundation materials were included in scope of this document. The scope did not include an environmental assessment for the presence or absence on, below, or around the area of the Work of wetlands or hazardous/toxic material in the soil, surface water, ground water, or air. .03 INTERPRETATION: Soil investigation data is provided only for the information and convenience of the BIDDERS. OWNER and ENGINEER disclaim any responsibility for the accuracy, true location and extent of the soil investigation that has been prepared by others. They further disclaim responsibility for interpretation of that data by BIDDERS, as in project soil -bearing values, soil stability and the presence, level and extent of underground water, etc. .04 SOIL REPORT: See the following pages for the above mentioned soil report. 00220-1 T.S.I. LABORATORIES, INC. TBPE FIRM REGISTRATION NO: F-9236 TRINITY SOILS INVESTIGATION 1810 SOUTH LAURENT VICTORIA, TEXAS 77901 March 9, 2016 _. Mr. Joe Janda G&W Engineers, Ines_ 205 W. Live Oak Port Lavaca, TX 77979 Subject: -Magnolia Beach Bulkhead Port Lavaca, TX Calhoun County TSI File No.: G-5892-16 Dear Mr. Janda, FA 5�TS1 EKramE TESTING Telephone 361-578-6933 Fax 361-578-2601 Email: tsilabvictoria@gmail.com T.S.I. Laboratories, Inc. drilled three (3) 20 foot depth borings on 2/12/16 for the proposed replacement of timber piles for fishing piers, boat docks and bulkhead at Magnolia Beach in Port Lavaca, TX. We are pleased to submit our geotechnical exploration findings and laboratory results for the proposed Magnolia Beach Bulkhead projects. Per request, please see the Allowable Unit Skin Friction. Resistances and End Bearing Pressures presented below along with the enclosed boring location maps and logs. ALLOWABLE UNIT SKIN FRICTION RESISTANCES AND END BEARING PRESSURES Penetration Allowable Unit Allowable End Depth Below Frictional Skin Friction Bearing Existing Angle Resistance (psf) Pressure (psf) Ka Kp Grade (ft) (deg) (F.S. = 2) (F.S. = 3) Boring 91 4-8 32 300 200 3.0 0.33 9-20 36 450 4400 3.8 0.27 Boring #2 4-20 35 400 400 3.8 0.27 Boring #3 4-20 35 400 400 3.8 0.27 We appreciate the opportunity to assist in this phase of the project. 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"'�' air.. l,A�_ .c ■ _r £ i -, s z . �_'"• ` * r"v t�..- r - ;.$ -;..-. a `" - � i. .!.'�a� �t��4 � t�� 2 e} -z�si �' 6'S ja9k !F_i K.. >„ c�zi _^• _... _ .-�"5'^µ!.. �. � �.'' :..;. :,sr !■ ..as=a^ s :`:r.Y.:_ 4•`d Aso_ � "� an. �• Log of Boring PROJECT: Magnolia Beach Bulkhead BORING NO.: B-1 Port Lavaca, TX LAB NO.: T-64109 DATE: 2-12-16 CLIENT: G&W Engineers, inc. SURFACE ELEV.: N/A FIELD DATA LABORATORY DATA DRILLING METHODS): Dry Auger 0-20' y> Atterberg Limits % GROUNDWATER INFORMATION: i m LL o >- g N Encountered of 4' x W W �S�W° N Z Z L 1 J = J } D= Z _ �o L 1 J QC J J � => J DESCRIPTION OF STRATUM d o Cn J O) MZO�o z �- n. � � ZE o C. -j N a N a 2 Fn �� ° Cl) 'r.�. r: SAND WITH SILTY CLAY & SHELL - gray (SP-SC) 6 25 18 7 9 CLAYEY SAND - with Shell, gray (SC) P=1.0 4 P=0.1 27 49 19 30 36 CLAYEY SILTY SAND - reddish brown (SC-SM) P=0.7 22 109 22 16 6 14 0.4 5.9 8 _ - - - _gray (SGSM) N=56 24 24 17 _7 42 wet 12VXX SILTY SAND - brown (SM) N=62 wet 16 LEAN CLAY - Sandy, brown (CL) wet 20 Boring Terminated at 20' 24 28 FM Steel Tube Sample REMARKS: Ts Split Spoon Sample 11 Disturbed Sample Laboratories, Inc. PROJECT: Magnolia Beach Bulkhead BORING NO.: B-2 Port Lavaca, TX LAB NO.: T-64109 DATE: 2-12-16 CLIENT: G&W Engineers, Inc. SURFACE ELEV.: N/A FIELD DATA LABORATORY DATA DRILLING METHODS): Dry Auger 0-20' CD Atterberg Limits % GROUNDWATER INFORMATION: m LL o > Encountered at V W W w w } O �gQ)wi- w Z t_ U)co wV, - 6 E N o CD c~n a C) zjr -UZpw m Z o �' o " y " •y �w ° w TC Do DESCRIPTION OF STRATUM o � - Cn z � CL � � 2 = o °a Cr ii ii Z W FT �' °° ccn J SAND WITH SILTY CLAY & SHELL - gray (SP-SC) y N=50 / r:r�. rr:x 4 N=52 v:r:x N=62 N=63 12 N=51 1 25 1 118 18 0 1 13 1 16 Im 1 24 28 SILTY SAND - with Shell, gray (SM) Boring Terminated at 20' ® Steel Tube Sample REMARKS: TS ® Split Spoon Sample 11 Disturbed Sample Laboratories, Inc. Loc j of Borin PROJECT: Magnolia Beach Bulkhead BORING NO.: B-3 Port Lavaca, TX LAB NO.: T-64109 DATE: 2-12-16 CLIENT: G&W Engineers, Inc. SURFACE ELEV.: N/A FIELD DATA LABORATORY DATA DRILLING METHOD(S) : DryAuger 0-20' Cn Atterberg Limits % GROUNDWATER INFORMATION: m U- o , g > N z < Encountered at 1.5' X IJ.1 W F Q U) r. U) w O U W of fn zcrJ m C N Z, (n = U) _ w = J Y pSZ�� JUC)LIJ D\ ws M a ..a U Z' n �tll w� 0 Z �o DESCRIPTION OF STRATUM a o < - m?r-a� z a > ? o n ii n� zW u) 2� ov � < 0 SAND - with Shell, gray (SP) ...... * N=42 12 16 16 0 3 4 SAND WITH SILT & SHELL - gray (SP-SM) _x 1.1 j ;l•i; N=27 wet rti}a: 1 •I:J:41: N=28 28 22 22 0 9 8 L'C19:: r pit.,:: 1 •M+:F 1� L•C 1•I 1: i ri=1-r= N=22 L• [ J'1 t: t•TS:rJ: 12 LEAN CLAY - Sandy with some Shell, gray (CL) N=32 wet 16 24 32 16 16 64 20 Boring Terminated at 20' 24 28 ® Steel Tube Sample REMARKS: TS ® Split Spoon Sample ' Disturbed Sample Laboratories, Inc. s Syiabol Description Strata s ols Poorly graded sand with clay Clayey sand Poorly graded clayey silty sand Silty sand Low plasticity clay Poorly graded sand Poorly graded sand i• With silt Soil SamDl�er_s (� Ll Disturbed Sample Steel Tube Sample 0 Split Spoon Sample Consistency of Sands & Gravels _ Consistency Penetration Resistance (N)* Blows Per Foot Very Loose 0-4 Loose 4 - 10 Medium Dense 10 - 30- Dense 30 - 50 Very Dense Over 50 Consistency/Strength of Clays & Silty Clays Consistency -_ Undrained Shear Strength, tsf Pocket Penetrometer (p) Very Soft Less than 0.125 0 - 0.5 Soft 0.125 - 0.25 0.5 - 1.0 Firm 0.25 - 0.50 1.0 - 1.75 Stiff 0.50 - 1.0 1.75 - 3.5 Very Stiff 1.0 - 2.0 3.5 - 4.5 Hard Over 2.0 Over 4.5 *N=Number of Blows from 140 lb. hammer falling 30"to drive a 1-3/8" Id. split barrel sample (ASTM D-1586) Soil Grain Analysis US Standard Sieves 3" 3/d" 44 410 440 9200 Boulders Cobbles Gravel Sand Silt Clay Coarse T Fine Coarse I Medium Fine 152 76.2 19.1 4.76 2.0 0.420 0.074 0.002 Ftrr c! ass gf icuflu-r cf f i -rgint-d o i hi. Equat an :ot A - I i Hiorir...mf Qi a PI.- d to Uw M.5. tw— PI= 031 IL-20) Eq�rc tion 0 11 I it e 11 V tt ca l at LL = [6 to PI= fin EMI = G. 9 ILL-,B) 75 "9: L IQ>4 I-0 OMIT ILLJ '_� -■ ■■ i FIELD AND LABORATORY TESTING PROCEDURES (TEST PROCEDURES ARE PRESENTED FOR INFORMATIONAL PURPOSES) FIELD TESTING A. Boring Procedure Between Samples The borehole is extended downward, between samples, by continuous flight, hollow or solid stem augers or by rotary drilling techniques using bentonite drilling fluid or water. B. Penetration Test and Split -Barrel Sampling of Soils ASTM D-1586 This sampling method consists of driving a 2-inch outside diameter split barrel sampler using a 140 pound hammer freely falling through a distance of 30 inches. The sampler is first seated 6 inches into the material to be sampled and then driven an additional 12 inches. The number of blows required to drive the sampler the final 12 inches is known as the Standard Penetration Resistance. Recovered samples are first classified as to color and texture by the driller. Later, in the laboratory, the driller's field classification is reviewed by the soils engineer who examines each sample. C. Thin -Walled Tube Geotechnical Sampling ASTM D-1587 This method consists of pushing thin walled steel tubes, usually 3 inches in diameter, into the soils to be sampled using hydraulic or other means. Cohesive soils are usually to be sampled in this manner and relatively undisturbed samples are recovered. D. Soil Investigation and Sampling by Auger Borings ASTM D-1452 This method consists of augering a hole and removing representative soil samples from the auger flight or bit at 5 foot depth intervals or with each change in substrata. Disturbed sampled are obtained and this method is, therefore, limited to situations where it is satisfactory to determine the approximate subsurface profile. E. Diamond Core Drilling for Site Investigation ASTM D-2113 This method consists of advancing a hole into hard strata by rotating a single or double tube core barrel equipped with a cutting bit. Diamond, tungsten carbide, or other cutting agents may be used for the bit Wash water is used to remove the cuttings and cool the bit. Normally, a 2 inch outside diameter by 1-3/8 inch inside diameter (NX) coring bit is used unless otherwise noted. The rock or hard material recovered within the core barrel is examined in the field and in the laboratory and the cores are stored in partitioned boxes. The core recovery is the length of the material recovered and is expressed as a percentage of the total distance penetrated. F. Visual — Manual Soil Classification Procedure ASTM D-2488 This procedure is a visual — manual soil classification methodology for the description of soil for engineering purposed when precise soils classification is not required. LABORATORY TESTING A. Atterberg Limits: Liquid Limit, Plastic Limit and Plasticity Index of Soils ASTM D-4318, TEX 104-E, 105-E and 106-E Atterberg Limits determine the soil's plasticity characteristics. The soil's Plasticity Index (PI) is representative of this characteristic and is the difference between the Liquid Limit (LL) and the Plastic Limit (PL). The LL is the moisture content at which the soil will flow as a heavy viscous fluid. The PL is the moisture content at which the soil begins to lose its plasticity. The test results are presented on the boring logs adjacent to the appropriate sampling information. B. Particle Size Analysis of Soils ASTM D-422 and TEX 110-E Grain size analysis tests are performed to determine the particle size and distribution of the samples tested. The grain size distribution of the soils coarser than the Standard Number 200 sieve is determined by passing the sampled through a standard set of nested sieves. C. Laboratory Determination of Water (Moisture) Content of Soil and Rock ASTM D-2216 and TEX 103-E The moisture content of soil is defined as the ratio, expressed as a percentage, of the weight of water in a given soil mass to the weight of solid particles. It is determined by measuring the wet and oven dry weights of a soil sample. The test results are presented on the boring logs. D. Unconfined Compressive Strength of Cohesive Soil ASTM D-2166 The unconfined compressive strength of soil is determined by placing a section of an undisturbed sample into a loading frame and applying an axial load until the sample fails in shear. The test results are presented on the boring logs adjacent to the appropriate sampling information. E. California Bearing Ratio (CBR) of Lab Compacted Soils ASTM D-1883 The CBR test is performed by compacting soil in a 6 inch diameter mold at the desired density, soaking the sample for four days under a surcharge load approximating the pavement weight and then testing the soils in punching shear. A 2 inch diameter piston is forced into the soil to determine the resistance to penetration. The CBR is the ratio of the actual load required to produce 0.1 inches of penetration to that producing the same penetration in a standard crushed stone. F. Swell Test ASTM D-4546 The swell test is performed by confining a 1 inch thick specimen in a 2-1/2 inch diameter stainless steel ring and loading the specimen to the approximate overburden pressure. The test specimen is then inundated with distilled water and allowed to swell for 48 hours. The volumetric swell is measured as a percentage of the total volume and is converted mathematically to linear swell. G. Compaction Tests ASTM D-698, D-1557, TEX 113-E or 114-E The compaction test is performed by compacting soil in a steel mold at varying moisture contents. Layers are compacted using a hammer weight and number of blows per layer which vary with the different test procedures. ASTM D-698, D-1557, TEC 113-E and 114-E. The data is plotted and the maximum weight and optimum moisture content is determined. H. Classification of Soils for Engineering Purposes Unified Soil Classification System, D-2487 This standard describes a system for classifying mineral and organo-mineral soils for engineering purposes based on laboratory determination of particle -size characteristics, liquid limit, and plasticity index and shall be used when precise classification is required. DOCUMENT NO.00300 PROPOSAL (Legal Firm Name) , hereinafter called "BIDDER", is submitting this Proposal for Furnishing and Performing the Work specified herein as the STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD. This PROPOSAL is Submitted to CALHOUN COUNTY, hereinafter called "OWNER". 1. Terms used in this PROPOSAL are defined in the General Conditions or Document No. 00120 - Instructions to Bidders and shall have the meanings indicated in the General Conditions or Instructions. 2. BIDDER proposes and agrees, if this BID is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to furnish and perform all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this BID and in accordance with the other terms and conditions of the Contract Documents. 3. 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. This BID will remain subject to acceptance for Sixty (60) Calendar Days after the Bid Opening. BIDDER shall sign and deliver the required number of counterparts of the Agreement, including all required documents indicated by the Bidding Requirements, within Fifteen (15) Calendar Days after the date of OWNER's Notice of Award. 4. In submitting this BID, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date): Addendum No: Date Received: b. BIDDER has visited the site and is familiar and satisfied with the general, local and site conditions that may affect cost, progress, and furnishing and performing the Work. 003 00-1 C. BIDDER is familiar and satisfied with all federal, state and local Laws and Regulations that may affect cost, progress, and furnishing and performing the Work. d. BIDDER is aware of the general nature of work, if any, to be performed by OWNER (or others) at the site in relation to the Work for which this BID is submitted. e. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. f. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing the Work for which this BID is submitted. g. This BID is GENUINE and not made in the interest of or on behalf of any undisclosed person, firm or corporation 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 person, firm or corporation to refrain from bidding. BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. 5. BIDDER agrees to complete the Work in accordance with the Contract Documents. a. BIDDER acknowledges that the amounts are to be shown in both words and figures, and in case of discrepancy, the amount in words shall govern. b. BIDDER acknowledges that the quantities are not guaranteed and final payment will be based on the actual quantities determined as provided in the Contract Documents. C. BIDDER acknowledges that, at OWNER's option and/or at OWNER's request, any of the quantities may be deleted, reduced, or increased based upon the respective Unit Prices. d. BIDDER acknowledges that Unit and Lump Sum Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. e. BIDDER agrees to furnish all necessary labor, superintendence, plant, machinery, equipment, tools, materials, insurance, services and all other requirements deemed necessary to complete the items of Work indicated on the following pages for the specific dollar amounts stated. 00300-2 BASE BID BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE 1. 1 LS Furnishing equipment and labor for the demolition and disposal of the two existing fishing piers and two boat ramp courtesy docks as per plans and specifications for a lump sum price of Dollars and Cents. $ 2. 1 LS Furnishing materials, equipment and labor for the construction of the 21 St. Fishing Pier with Tee Head as per plans and specifications for a lump sum price of Dollars and Cents. $ 3. 1 LS Furnishing materials, equipment and labor for the construction of the Indianola Fishing Pier with Tee Head as per plans and specifications for a lump sum price of Dollars and Cents. $ 4. 1 LS Furnishing materials, equipment and labor for the construction of the Alamo Beach Boat Ramp Courtesy Dock as per plans and specifications for a lump sum price of Dollars and Cents. $ 5. 1 LS Furnishing materials, equipment and labor for the construction of the Magnolia Beach Boat Ramp Courtesy Dock as per plans and specifications for a lump sum price of Dollars and Cents. $ 00300-3 BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE 6. 1 LS Furnishing materials, equipment and labor to remove and construct new north end section (20 feet of concrete and timber ramp), remove existing stringers/deck and install new stringers with existing deck of the Magnolia Beach Crabbing Pier as per plans and specifications for a lump sum price of Dollars and Cents. 7. 1 LS Furnishing materials, equipment and labor to remove the deteriorated sections of concrete walkway and concrete debris from water side of bulkhead (two locations) and move the concrete debris to locations within 2 miles of project site, as per plans and specifications for the lump sum price Dollars and Cents. 8. 1 LS Furnishing materials, equipment and labor to construct new vinyl sheet bulkhead (482 LF) with tie backs as per plans and specifications for the lump sum price of Dollars and Cents. 9. 12 EA Furnishing materials, equipment and labor to install 6" x 6" timbers as light poles per plans and specifications for the unit price of and per each. Dollars Cents $ 00300-4 TOTAL BASE BID AMOUNT, being Items 1 thru 9 above, is: DOLLARS CENTS. $ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ OWNER'S OPTION BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE 0-1. 56 EA Additional cost for driving of the tee head piling on a 2/12 angle in lieu of vertical position as shown on drawings for a unit price of Dollars and Cents per each. $ $ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ADDITIONS/DEDUCTIONS BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE A. 1 LS For deducting a 10 foot section of Fishing Pier Tee Head as per plans and specifications for a lump sum price Dollars and Cents. B. 1 EA Deduction for each timber pile that has been approved by the County/Engineer for reuse based on a unit price of Dollars and Cents $ $ per each. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 00300-5 6. BIDDER agrees that the Work shall be complete and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within CALENDAR DAYS after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a condition of this BID: a. Required Bid Security in the form of b. Document No. 00412 - Certificate of Interested Parties (Form 1295) C. Document No. 00415 - CONTRACTOR's Corporate Resolution. d. Document No. 00416 - NON -COLLUSION AFFIDAVIT e. Document No. 00420 - Bidders Qualification Statement. 8. Communications about this BID shall be directed to BIDDER's address indicated below. SUBMITTED this day of Authorized Signature: Name: Title: Attesting Signature: Name: Title: Legal Firm Name: Business Address: Phone Number: Facsimile Number: E-Mail Address (optional) State of Incorporation, if applicable: State Contractor License No.: 2016 PENAL SUM FORM BID BOND BIDDER ame and dress): SURETY(Name and Addres$,of Pringipal Place of Business): OWNER MMe 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: Attest: Signature and Title Signature and Title By: Attest: Signature and Title (Attach Power of Attorney) Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, -OWNER or other party shall be considered plural Where applicable. EJCDC NO. 1910-28-C (1996 Edition) 00410-1 PENAL SUM FORM 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. 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 or 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 conforms 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 proposal as applicable. EJCDC NO. 1910-28-C (1996 Edition) 00410-2 DOCUMENT NO.00412 CERTIFICATE OF INTERESTED PARTIES (FORM 1295) In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. The online filing application portal can be found at: https://www.ethics.state.tx.us/whatsnew/elf info_form1295.1itin. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. The form must be notarized and signed by an authorized agent of the business entity and submitted with your bid, proposal and/or contract. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven (7) business days, Form 1295 will be available for public viewing on the Texas Ethics Commission's website. Calhoun County Commissioners' Court WILL NOT consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed and notarized Form 1295. END OF DOCUMENT 00412-1 DOCUMENT NO.00415 CONTRACTOR'S CORPORATE RESOLUTION I hereby certify that it was RESOLVED by a quorum of the directors of (Name of Corporation) meeting on the - day of , 20 that , be, (Name of Principal) (Title) and hereby is, authorized to execute all documents necessary for the transaction of business in the State of Texas on behalf of the said (Name of Corporation) , and That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and in authentication of the adoption of this resolution, I subscribe my name this of , 20 Secretary END OF DOCUMENT 00415-1 day DOCUMENT NO.00416 NON -COLLUSION AFFIDAVIT State of ) County of being first duly sworn, deposes and says that: 1. He is of , the BIDDER that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another BIDDER, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other BIDDER, firm or person to fix the price or prices in the attached Bid or of any other BIDDER, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other BIDDER, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against CALHOUN COUNT' (OWNER) or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the BIDDER or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to me this day of 920, My commission expires fC 1010 nll2111141-0 10491 l 00416-1 Title Notary Public DOCUMENT NO. 00420 BIDDER QUALIFICATION STATEMENT Bidder shall answer all questions, and answers shall be clear and comprehensive. This form shall be notarized upon completion. As necessary, BIDDER may use separate attached sheets to answer questions, and may submit additional information, if desired. BIDDER's Name: Organization Date: Address: Incorporation Date: Type of Work Performed: Ever Fail to Complete Awarded Work? Y or N Ever Default on Any Contract? Y or N ATTACH THE FOLLOWING INFORMATION: Attach a LIST OF PROJECTS, similar in size and scope to the work covered by this proposal, which BIDDER has MOST RECENTLY COMPLETED. Amount of Date Owner Contract Contract Award Type of Work Completed and phone no. Attach a LIST OF PROJECTS BIDDER is now ENGAGED IN COMPLETING. Amount of Percent Owner Contract Contract Award Type of Work Complete and phone no. Attach a LIST OF EQUIPMENT THAT WILL BE AVAILABLE FOR THIS PROJECT including type, model, owned or leased. Attach a RESUME FOR EACH OFFICER OF THE COMPANY AND THE PROPOSED SUPERINTENDENT for this Project. ALSO, indicate the number of Foremen, Equipment Operators, Laborers, etc. that will be available for this project. Credit Available: $ Bank Reference/Contact: The undersigned hereby authorizes any person, firm, or corporation to furnish any information requested by CALHOUN COUNTY, in relation to the verification of the statements comprising this BIDDER's Qualification Statement. Signed: Name & Title: 1:�►iZ�� 7IZIZ�I� Executed and sworn to before me, the undersigned authority, on this day of , 20 Notary Public in and for 00420-1 DOCUMENT NO.00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 20 , 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: .01 THE WORK: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD .02 ENGINEER: The Project has been designed by G & W Engineers, Inc., 205 West Live Oak, Port Lavaca, Texas, 77979, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. .03 CONTRACT TIMES: a. Calendar Days The Work shall be complete and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within Calendar Days after the date when the Contract Times commence to run. b. Rain Days CONTRACTOR may be allowed an adjustment to the CONTRACT Times for "rain days", which are defined as follows. 1. Any day(s) in which rainfall occurs prior to 12:00 p.m. (noon), of such quantity that, in the opinion of OWNER's representative, would prevent a safe working environment for CONTRACTOR at the construction site. 00500-1 2. Any day(s) following the above described "rain day(s)" in which the condition of the construction site, in the opinion of OWNER's representative, is not conducive to providing CONTRACTOR with a safe working environment at the site. OWNER shall only consider an adjustment in Contract Times if CONTRACTOR submits a written request for "rain days" to OWNER's representative for review, by 10:00 a.m. on the Monday following the week in which the day(s) occurred. Failure to submit such a written request shall be a representation by CONTRACTOR that additional days are not warranted. OWNER's representative shall review all requests when submitted and will have final on site determination for "rain days". Disagreements between CONTRACTOR and OWNER's representative shall be submitted to OWNER. C. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph .03.a above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not substantially complete 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 THREE HUNDRED DOLLARS ($300.00) for each day that expires after the time specified in paragraph .03.a. CONTRACTOR hereby agrees that said sum per day is a fair estimate of the pecuniary damages which will be sustained by OWNER in the event that the Work is not complete within the agreed time, or within extensions of time properly granted in accordance with the Contract Documents. Said sum shall be considered as liquidated damages only and not a penalty, said damage being caused by loss of timely use of the Work other injury difficult to quantify. For purposes of applying this liquidated damages clause, the CONTRACTOR agrees to waive as against the OWNER any defense to enforcement of said clause based on any of the following claims: (1) that the clause is a penalty; (2) that the daily amount stated in the clause is not a reasonable estimate and approximation as of the time of contracting of OWNER's actual damages; (3) that the damages caused to OWNER by reason of delay were not difficult to estimate at the time of contracting. 00500-2 .04 CONTRACT PRICE: OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as per CONTRACTOR's proposal which forms a part of this contract. In no event shall the amounts payable pursuant to this Contract exceed $ , plus the amount of any duly authorized change orders or contract amendments executed by OWNER. .05 PAYMENT PROCEDURE: CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions unless otherwise amended by the Contract Documents. Applications for Payment shall also include all required documentation indicated in Division 1 - General Requirements, Section 01025 of these Specifications. ENGINEER shall process Applications as provided in the General Conditions. a. Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER and as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Article 2 of the General Conditions. 1. Progress payments will be 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 shall determine, or OWNER may withhold in accordance with Paragraph 14.02.B.5 of the General Conditions. A. 90% of the Work completed (with the balance being retainage) B. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.02.A.I of the General Conditions). 2. Request for Payments All requests for payments shall be divided into materials costs and labor/equipment costs. All requests for material payment shall be accompanied by CONTRACTOR's paid invoice for the material in accordance with Article 14.02.A. I of the General Conditions. 00500-3 b. Final Payment Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph. .06 CONTRACTOR's REPRESENTATIONS: 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 (including the Addenda listed in paragraph 7 herein) and the other related data identified in the Bidding Documents including "technical data." b. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing 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, performance and furnishing of the Work. d. CONTRACTOR has carefully studied 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.A of the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional 00500-4 examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. e. CONTRACTOR is aware of the general nature of the Work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. f. 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 additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g. 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, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing of the Work. .07 CONTRACT DOCUMENTS: The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: a. This Agreement. b. Exhibits to this Agreement. C. CONTRACTOR's Proposal. d. Performance, Payment and other Bonds. e. Notice of Award. f. Notice to Proceed. g. General Conditions. h. General Conditions of Submitting Sealed Bids to Calhoun County, Texas. i. Supplementary Conditions. j . Technical Specifications. 00500-5 .08 k. Drawings numbered & titled for the different areas of work as indicated below: SHEET NO. DATE DESCRIPTION COVER C1.0 03/30/16 VICTNITY MAP, PLANS, SECTIONS AND DETAILS CLI 03/30/16 FISHING PIER PLANS, SECTIONS AND DETAILS C1.2 03/30/16 FISHING PIER DETAILS AND SECTIONS C1.3 03/30/16 BULKHEAD PLAN VIEW CIA 03/30/16 CRABBING BRIDGE AND BULKHEAD DETAILS 1. Addendum numbers to inclusive in. The following of which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed in accordance with the appropriate provisions of Article 3 of the General Conditions. MISCELLANEOUS: a. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. b. No assignment by a party hereto of any rights under or interests in the Contract Documents will 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 responsibility under the Contract Documents. C. 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. d. 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. 00500-6 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This AGREEMENT shall be effective as of the day of , 20 . OWNER: COUNTY OF CALHOUN CONTRACTOR: BY: BY: Michael J. Pfeifer, County Judge NAME/TITLE ATTEST: ATTEST: ADDRESS: 211 S. Ann, Suite 301 ADDRESS: Port Lavaca, Texas 77979 PHONE: (361) 553-4600 PHONE: FAX: (361) 553-4444 FAX: END OF DOCUMENT 00500-7 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): 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 (Name and Address of Principal Place of Business): 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) Signature; Name and Title: SURETY Company: 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) Signature: Name and Title: SURETY Company: Signature: Name and Title: (Corp. Seal) (Corp. Seal) EJCDC No. 1.910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General 1 Contractors of America, and the American Institute of Architects. 00610-1 .. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their ieirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. % If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR gave no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. . If there is no OWNER Default, the Surety's obligation under this Bond shall arise fter: 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 formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default 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 of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall -omptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or 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 OWN13R resulting from the CONTRACTOR Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4.4.1 After investigation, determine the amount for which it maybe liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. If the Surety does not proceed as provided in paragraph 4 with reasonable 3mptness, the Surety shall be deemed to -be in default on this Bond fifteen days after zipt of an additional written notice from the OWNER to the Surety demanding that s Surety perform its obligations under this Bond, and the OWNER shall be entitled to force any remedy available to the OWNER. If the Surety proceeds as provided in ragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied 6. After the OWNER has terminated 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 of the 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 613. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance 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, including changes of time, to the Contract or to related subcontracts, purchase 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 Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform 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. 11. When this Bond has been furnished to comply with a statutory or other legal 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 intent is that this Bond shall be construed as a statutory bond and not as i 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 and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the 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 perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER; OWNER'S REPRESENTATIVE (Engineer or other party): 00610-2 Payment Bond } Any singular reference to Contractor, Surety, Owner or other party shalt 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 SURETY Company: (Corp. Seal) 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 SURETY Company: (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) 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 America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00620-1 1. The CONTRACTOR and the Surety, jointly and severalty, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. L. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 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 furnished labor, materials or equipment for use in the performance 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. 1. With respect to Claimants, this obligation shall be null and void if the =TRACTOR promptly snakes payment, directly or indirectly, for all sums due. . 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: I. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed' labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received arejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing 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. If a notice required by paragraph 4 is given by the OWNER to the :)NTRACTOR or to the Surety, that is sufficient compliance. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall omptly and at the Surety's expense take the 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 are undisputed and the basis for challenging any amounts that are disputed, 6.2. Pay or arrange for payment of any undisputed amounts. The Surety's total obligation shall not exceed the amount of this Bond, and the count of this Bond shall be credited for any payments made in good faith by the rety. 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 furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy 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 performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. 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. 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 performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory 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 furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "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 pthereto. 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 ONLY --Name, Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other parry): 00620-2 DOCUMENT NO.00700 GENERAL CONDITIONS This document governs all Work in this project unless otherwise amended by the Supplementary Conditions. Whenever the term "General Conditions" is used in these Specifications, it shall be considered to mean the current edition of the publication titled "Standard General Conditions of the Construction Contract", which has been included as part of this document and has important legal consequences. Said publication was prepared by the Engineers Joint Contract Documents Committee, issued and published jointly by Professional Engineers In Private Practice (a practice division of the National Society of Professional Engineers), American Consulting Engineers Council, American Society of Civil Engineers, and Construction Specifications Institute, and has also been approved and endorsed by The Associated General Contractors of America. END OF DOCUMENT 00700-1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE WIN Issued and Published Jointly by SEN ACEC `©- r S A&TEi:TC1N COUNCIL OF ENGTNEERTNG COMPANIES SKILL INTEGRITY 'rE,t'ONSi►T��{ American Society National Society of gl�lProfessional Engineers ASCEof Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 w-tN-w.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 N?-ww.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 vvww.ascLm Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.or�,) The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology.................................................................................................................................. 5 Article2 — Preliminary Matters......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance............................................................................. 6 2.02 Copies of Documents.................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed............................................................... 6 2.04 Starting the Work.......................................................................................................................... 7 2.05 Before Starting Construction........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules.................................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.....................................................................:...... 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards.....................................................................................................:................ 8 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents................................................................... 9 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands...................................................................................................................11 4.02 Subsurface and Physical Conditions...........................................................................................11 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities .............................. .................................................................................. 13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance......................................................................................................................16 5.01 Performance, Payment, and Other Bonds...................................................................................16 5.02 Licensed Sureties and Insurers....................................................................................................16 5.03 Certificates of Insurance.............................................................................................................17 5.04 Contractor's Insurance................................................................................................................17 5.05 Owner's Liability Insurance........................................................................................................19 5.06 Property Insurance.......................................................................................................................19 5.07 Waiver of Rights......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds......................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer.......................................................... 22 Article 6 - Contractor's Responsibilities........................................................................................................ 22 6.01 Supervision and Superintendence............................................................................................... 22 6.02 Labor; Working Hours................................................................................................................ 22 6.03 Services, Materials, and Equipment........................................................................................... 22 6.04 Progress Schedule....................................................................................................................... 23 6.05 Substitutes and "Or-Equals"....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................25 6.07 Patent Fees and Royalties........................................................................................................... 27 6.08 Permits.........................................................................................................................................27 6.09 Laws and Regulations................................................................................................................. 28 6.10 Taxes........................................................................................................................................... 28 6.11 Use of Site and Other Areas....................................................................................................... 28 6.12 Record Documents......................................................................................................................29 6.13 Safety and Protection ............................................................................................................... 29 6.14 Safety Representative.................................................................................................................. 30 6.15 Hazard Communication Programs............................................................................................. 30 6.16 Emergencies................................................................................................................................ 30 6.17 Shop Drawings and Samples...................................................................................................... 31 6.18 Continuing the Work.................................................................................................................. 32 6.19 Contractor's General Warranty and Guarantee.......................................................................... 33 6.20 Indemnification........................................................................................................................... 33 6.21 Delegation of Professional Design Services............................................................................... 34 Article7 - Other Work at the Site................................................................................................................... 35 7.01 Related Work at Site................................................................................................................... 35 7.02 Coordination................................................................................................................................ 35 7.03 Legal Relationships..................................................................................................................... 36 Article 8 - Owner's Responsibilities............................................................................................................... 36 8.01 Communications to Contractor................................................................................................... 36 8.02 Replacement of Engineer............................................................................................................ 36 8.03 Furnish Data................................................................................................................................ 36 8.04 Pay When Due............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests................................................................................... 36 8.06 Insurance..................................................................................................................................... 36 8.07 Change Orders.............................................................................................................................37 8.08 Inspections, Tests, and Approvals.............................................................................................. 37 8.09 Limitations on Owner's Responsibilities................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition.................................................................... 37 8.11 Evidence of Financial Arrangements.......................................................................................... 37 8.12 Compliance with Safety Program ................................. .............................................................. 37 Article 9 - Engineer's Status During Construction......................................................................................... 37 9.01 Owner's Representative..............................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site................................................................................................................................ 37 9.03 Project Representative................................................................................................................ 38 9.04 Authorized Variations in Work.................................................................................................. 38 9.05 Rejecting Defective Work.......................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments.......................................................................... 39 9.07 Determinations for Unit Price Work.......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer's Authority and Responsibilities........................................................ 39 9.10 Compliance with Safety Program............................................................................................... 40 Article 10 - Changes in the Work; Claims..................................................................................................... 40 10.01 Authorized Changes in the Work............................................................................................... 40 10.02 Unauthorized Changes in the Work........................................................................................... 41 10.03 Execution of Change Orders.......................................................................................................41 10.04 Notification to Surety.................................................................................................................. 41 10.05 Claims..........................................................................................................................................41 Article I I - Cost of the Work; Allowances; Unit Price Work....................................................................... 42 11.01 Cost of the Work......................................................................................................................... 42 11.02 Allowances.................................................................................................................................. 45 11.03 Unit Price Work.......................................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Times............................................................... 46 12.01 Change of Contract Price............................................................................................................ 46 12.02 Change of Contract Times.......................................................................................................... 47 12.03 Delays.......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects......................................................................................................................... 48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections.................................................................................................................. 49 13.04 Uncovering Work........................................................................................................................49 13.05 Owner May Stop the Work......................................................................................................... 50 13.06 Correction or Removal of Defective Work................................................................................ 50 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 Owner May Correct Defective Work......................................................................................... 52 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title.................................................................................................... 55 14.04 Substantial Completion............................................................................................................... 55 14.05 Partial Utilization........................................................................................................................ 56 14.06 Final Inspection...........................................................................................................................57 14.07 Final Payment.............................................................................................................................. 57 14.08 Final Completion Delayed.......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 Waiver of Claims........................................................................................................................ 58 Article 15 — Suspension of Work and Termination........................................................................................ 59 15.01 Owner May Suspend Work........................................................................................................ 59 15.02 Owner May Terminate for Cause ............................................................................................ 59 15.03 Owner May Terminate For Convenience................................................................................... 60 15.04 Contractor May Stop Work or Terminate.................................................................................. 60 Article16 — Dispute Resolution...................................................................................................................... 61 16.01 Methods and Procedures............................................................................................................. 61 Article17 — Miscellaneous.............................................................................................................................. 61 17.01 Giving Notice............................................................................................:. ....................... 61 17.02 Computation of Times................................................................................................................ 62 17.03 Cumulative Remedies................................................................................................................. 62 17.04 Survival of Obligations............................................................................................................... 62 17.05 Controlling Law.......................................................................................................................... 62 17.06 Headings....................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 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 other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work --See Paragraph 11.01 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 date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. 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. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs Polychlorinated biphenyls. 31. 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. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. 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. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. 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). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 E. 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 installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in. connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known 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 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 3 0 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 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. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required 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 Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or 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 instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at .or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data;" Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an 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 Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 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 fmal commitment to Owner with respect to 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, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 ........ _......... . contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall 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 court or arbitration or other dispute resolution costs) sustained 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 Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; 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 information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such 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 not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, -Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract 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 Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the 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 report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall 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.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such 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 portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also fimlish 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 list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared 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 the requirements of Paragraph 5.013, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. - Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract. Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, 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 identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance fiarnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured properly (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 writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, 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 insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, 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 of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, 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 trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 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, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.073 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the parry 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 occupy or use a portion or portions of the 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 insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted 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 competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor 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 performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, 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 performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. l . "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the 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 equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall 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: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether 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 other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall 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. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.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 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable obj ection after due investigation. Contractor shall submit an acceptable replacement 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 replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. 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 omissions. Nothing in the Contract Documents: 1. 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 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor 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 incorporation 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 performance 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. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that 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 known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 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 performance 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 the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaL-e 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work 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 of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all. approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Vase 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by 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 anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work 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 Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 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 and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, 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 purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.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. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 32 of 62 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and, tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. 'To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. 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 Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 35 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 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 objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 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 responsibility with 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 not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 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 whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 exercise such authority 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 individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance 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 the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that 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 authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 40 of 62 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.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum 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 Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), 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 A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim 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. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 shall be delivered to the Engineer and the other party 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). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times 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 shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 42 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance 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 full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' 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 accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including 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 necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights. reserved. Page 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written 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 such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.- The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0 LA.1 or specifically covered by Paragraph 11.0 LA.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 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. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 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 and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 the sum of the. unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. 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 Contract 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 Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l .C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually 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 of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0 LA.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.01.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 both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l .C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. 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. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and 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, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 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 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, 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 inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. If it is found that the uncovered Work is 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 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 Paragraph 10.05. D. If the uncovered 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 both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 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 that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct 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 to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 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 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 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. 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. B. If Contractor does not promptly comply with the terms of Owner's written instructions, 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 removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 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 determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractorfails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and 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) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make 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 correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 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 the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 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 progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the 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 (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. 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 to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.023.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change 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 recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or fi-iishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 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. B. Promptly after Contractor's notification, 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. C. If Engineer considers the Work substantially complete, Engineer will 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. 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 Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. 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 furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, 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 satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final 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 Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confines, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated 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 of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 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. D. Notwithstanding Paragraphs 15.023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. 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. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other 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 finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. 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 Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties 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 of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 DOCUMENT NO.00705 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid, Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and 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, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid, Proposal and/or Contract Return: On or before the due date and time, the vendor must return all completed bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., P Floor, Room 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun County will not be responsible for the delivery of your bid, proposal and/or contract to the Page 1 of 8 00705-1 office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Michael Pfeifer, Calhoun County Judge, 211 S. Ann St., 3rd Floor, Room 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that was opened is not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid, Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Fir. r.F'.T:1 r."M When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal and/or contract. Certification of such coverage Page 2 of 8 00705-2 must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds: If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and state and local (county and city) sales tax. Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections: Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Page 3 of 8 00705-3 Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment: The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract is intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Rejections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Tarminntinn- Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Page 4 of 8 00705-4 Certificate of Interested Parties — Form 1295 (copy attached for review purposes only) Section 2252.908 was added to the Government Code by the 841" Texas Legislature through adoption of House Bill 1295. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. The form must be notarized and signed by an authorized agent of the business entity and submitted with your bid, proposal and/or contract. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven (7) business days, Form 1295 will be available for public viewing on the Texas Ethics Commission's website. Compliance: Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed and notarized Form 1295. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. nahnrmant- Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Page 5 of 8 00705-5 Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and state and local (county and city) sales tax. Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office. County departments must submit their purchase orders by 5 PM Wednesday the week before the Commissioners' Court meeting. Commissioners' Court meets the 2nd and 41h Thursday of each month to approve bills. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. [,ratiiitiac- Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Majeure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental Page 6 of 8 00705-6 or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver: No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Insurance: Before commencing work, the successful vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a certificate of insurance showing the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) The certificate must reflect that Calhoun County is an additional insured on the General Liability coverage. Page 7 of 8 00705-7 Each insurance policy to be furnished by successful vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. 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 Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR Cindy Mueller, Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite 6, Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.or Page 8 of 8 00705-8 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioner's Court January 28, 2016 BACKGROUND Section 2252.908 was added to the Government Code by the 84`h Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County Commissioner's Court will not consider for action any contract or bid with a business entity unless it is accompanied by a completed, signed and notarized Form 1295. No later than 30 days after Commissioner's Court approves a contract or awards a bid with a business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Ethics Commission. CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 4 1 L.1 City, State, Country: o s•,p Nature +of Interest (check applicable) Name of Interested Party (place of business),, -- Controlling Intermediary •:r F� �,. is NIS k..j+ .:. C \`� F, . .W 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 4/8/2016 DOCUMENT NO.00810 SUPPLEMENTARY CONDITIONS These provisions amend or supplement the Standard General Conditions of the Construction Contract (Current Edition) and other provisions of the Contract Documents as indicated below. All provisions not so amended or supplemented remain in full force and effect. These provisions shall govern in the event of any conflict between them and the "Standard General Conditions". ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Paragraph 1.01 - Defined Terms Sub -paragraph 19 - ENGINEER Add: The word "ENGINEER" in these Specifications shall refer to G & W ENGINEERS, INC. Sub -paragraph 29 - OWNER Add: The word "OWNER" in these Specifications shall be understood as referring to CALHOUN COUNTY. ARTICLE 2 - PRELIMINARY MATTERS Paragraph 2.02 - Copies of Documents Change: ten To Read: five Paragraph 2.04 - Starting the Work Sub -Paragraph A. Add: If there is any error, omission or inconsistency in the Contract Documents, unless otherwise directed in writing by ENGINEER or OWNER, CONTRACTOR shall provide the better quality of, or the greater quantity of, work or materials, so that OWNER receives a complete project, ready for occupancy, with all governmental and regulatory approvals. To the extent permitted by law, OWNER reserves the right, but does not assume the obligation, to perform any act or fulfill any role of ENGINEER under the Contract Documents at any time. OWNER shall not be responsible for furnishing surveys or other information as to the physical characteristics of, legal limitations of or utility locations for the project site. CONTRACTOR shall confirm the location of each utility, shall excavate and dispose of each on -site utility and shall cap each off -site utility as required by the Work and as may be included in the Contract Documents. At 00810-1 OWNER's request, CONTRACTOR shall make available to OWNER the results of any site investigation, test borings, analyses, studies or other tests conducted by or in possession of CONTRACTOR or any of its agents. CONTRACTOR represents that it is familiar with the project site and has received all information it needs concerning the conditions of the project site. CONTRACTOR represents that it has inspected the location of the Work and conditions of improvements existing at the site, and has satisfied itself as to the condition thereof, including, without limitation, all structural, surface and subsurface conditions. CONTRACTOR, at CONTRACTOR's discretion and expense, shall undertake such further investigations and studies as may be necessary or useful to deal with all surface and subsurface conditions. Based upon the foregoing inspections, understandings, agreements and acknowledgments, CONTRACTOR agrees and acknowledges (i) that the Contract Price is just and reasonable compensation for all the Work, including all unforeseen, foreseen and foreseeable risks, hazards and difficulties in connection therewith, (ii) that the Contract Time is adequate for the performance of the Work and (iii) that the Work shall not result in any lateral or vertical movement of any structure. CONTRACTOR shall have no claims for surface or subsurface conditions encountered, except those actively caused by OWNER, if any. Conditions inherent in the design shall not be attributed to OWNER under this paragraph. CONTRACTOR shall have total control of, and shall exercise special care in, executing the Work in proximity of known subsurface utilities, other improvements and easements. ARTICLE 4 - AVAILABILITY OF LANDS, SUBSURFACE ... Paragraph 4.01 - Availability of Lands Sub -paragraph A. Delete in its entirety and insert the following: OWNER shall furnish the Site. Paragraph 4.02 - Subsurface and Physical Conditions Sub -paragraph A. - Reports and Drawings: Sub -paragraph 2. Add: The information contained on the Contract Drawings in regard to topography, contours, and any quantities, areas, and measurements based thereon is furnished for the convenience of CONTRACTOR and is the best information available at this time. The accuracy of this information is not guaranteed and its use in no way relieves 00810-2 CONTRACTOR and others of any responsibility for loss due to inaccuracies or deviation there from which may be encountered. CONTRACTOR shall check all quantities, areas, and measurements in the field. CONTRACTOR shall carefully examine the site prior to submittal of bids and satisfy himself about all conditions which can in any way affect the Work or cost thereof. Paragraph 4.03 - Differing Subsurface or Physical Conditions Sub -paragraph A - Notice Sub -paragraph 2. Delete in its entirety. Sub -paragraph 3. Renumber to 2. Delete in its entirety and insert the following: is located below the surface of the ground and differs materially from those generally encountered in the general area in which the site is located or differs materially from conditions encountered in any subsurface investigation completed prior to the date of the Agreement; or Sub -paragraph 4. Renumber to 3. Sub -paragraph C - Possible Price and Times Adjustments Sub -paragraph 3. Delete in its entirety and insert the following: If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, CONTRACTOR waives Claims against OWNER for consequential damages arising out of or relating to the Agreement. This waiver includes, without limitation, damages incurred by CONTRACTOR for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with the Contract Documents. 00810-3 Paragraph 4.04 - Underground Facilities Sub -paragraph B - Not Shown or Indicated Sub -paragraph 1. Delete in its entirety and insert the following: CONTRACTOR represents that it has inspected the Site and has satisfied itself as to the condition thereof, including, without limitation, all structural, surface and subsurface conditions. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall have no Claim for such Underground Facility encountered, and there shall be no adjustment in the Contract Price or Contract Times. CONTRACTOR shall, however, identify the owner of the Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change (other than with respect to Contract Price or Contract Times) is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. If ENGINEER concludes that a change (other than with respect to Contract Price or Contract Times) is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. Sub -paragraph 2. Delete in its entirety. Paragraph 4.05 - Reference Points Change: engineering surveys To Read: benchmarks Add: The project site is wholly within Calhoun County, Texas. CONTRACTOR shall notify ENGINEER at least 48 hours prior to starting Work on any area where controls have not been established. Paragraph 4.06 - Hazardous Environmental Condition at Site Sub -paragraph C. Delete in its entirety. 00810-4 Sub -paragraph D. Reletter to C. Sub -paragraph E. Reletter to D. Sub -paragraph F. Reletter to E. Sub -paragraph G. Delete in its entirety. Sub -paragraph H. Reletter to F. Delete in its entirety and insert the following: CONTRACTOR has inspected the site, and represents and warrants to OWNER that, to the best of his knowledge and belief, there is no Hazardous Environmental Condition at the site. CONTRACTOR agrees that in the performance of the Work, CONTRACTOR shall not introduce a Hazardous Environmental Condition to the site, and shall be responsible for any liability for cleanup or other consequences of such Hazardous Environmental Condition being brought to the site by CONTRACTOR or those for whom CONTRACTOR is responsible. CONTRACTOR shall not be liable for cleanup of such Hazardous Environmental Conditions that were existing at the site before the commencement of Work unless CONTRACTOR disturbs same or otherwise affects or increases the liability of OWNER thereto. Sub -paragraph I. Reletter to G. ARTICLE 5 - BONDS AND INSURANCE Paragraph 5.01 - Performance, Payment and Other Bonds Sub -paragraph A. Change: each in an amount at least equal to the Contract Price To Read: as specified in Document No. 00820 - Bond and Insurance Requirements of these Specifications, Paragraph 5.04 - CONTRACTOR's Insurance Sub -paragraph B. 00810-5 Change: shall: To Read: shall be in accordance with Document No. 00820 - Bond and Insurance Requirements of these Specifications. Sub -paragraphs B.l through B.6 Delete each in its entirety. Paragraph 5.06 - Property Insurance Delete in its entirety and insert the following: Property Insurance requirements shall be in accordance with Document No. 00820 - Bond and Insurance Requirements of these Specifications. Paragraph 5.07 - Waiver of Rights Sub -paragraph A. First sentence. Delete in its entirety and insert the following: OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.04, 5.05 and 5.06 will protect OWNER, CONTRACTOR, 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) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. Sub -paragraph A. Third sentence. Delete the word... "property". Sub -paragraph B. and Sub -paragraph C. Delete each in its entirety. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Paragraph 6.01 - Supervision and Superintendence Sub -paragraph B. Change: competent resident superintendent To Read: competent resident superintendent, satisfactory to OWNER and ENGINEER, 00810-6 Add: CONTRACTOR shall also provide an adequate staff for the proper coordination and expediting of the Work. OWNER reserves the right to require CONTRACTOR to dismiss from the Work such employee or employees as OWNER or ENGINEER may deem incompetent, careless, or insubordinate. Paragraph 6.03 - Services, Materials, and Equipment Sub -paragraph B. Add: Except for the purpose of affording protection against any emergency endangering health, life, limb or property, CONTRACTOR shall make no change in the materials used or in the specified manner of constructing and/or installing the Work or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from OWNER authorizing CONTRACTOR to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. Paragraph 6.06 - Concerning Subcontractors, Suppliers, and Others Sub -paragraph B. Add: CONTRACTOR shall submit a complete list of all Subcontractors to be utilized on this project. This list shall be submitted in conjunction with the Proposal. Sub -paragraph C. Add: CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, including coordination of the duties of all trades, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, CONTRACTOR shall evaluate the jobsite safety thereof and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. Paragraph 6.07 — Patent Fees and Royalties Sub -paragraph B. Delete in its entirety and insert the following: Paragraph 6.20.A shall govern indemnification obligations of CONTRACTOR. Paragraph 6.08 - Permits Delete in its entirety and insert the following: CONTRACTOR shall secure and pay for all construction permits and licenses required for the prosecution of the Work. CONTRACTOR shall comply with and satisfy all ordinances and laws which relate to the Work. CONTRACTOR shall apply for and pay fees for permits of temporary nature. Paragraph 6.09 - Laws and Regulations Sub -paragraph B. Delete in its entirety and insert the following: If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such Work. Paragraph 6.10 - Taxes Delete in its entirety and insert the following: CONTRACTOR shall not be required to pay Sales Tax on materials permanently utilized within this project as long as CONTRACTOR follows the procedures outlined in Article 5 of the Form of Agreement. CONTRACTOR shall pay Sales Tax on supplies, tools, etc. that are not a permanent part of the project. OWNER shall issue exemption certificates for those materials paid for as approved under Article 5 of the Form of Agreement. Sales Tax on any materials not so designated shall be the responsibility of CONTRACTOR. Paragraph 6.11 - Use of Site and Other Areas Sub -paragraph A - Limitation on Use of Site and Other Areas Sub -paragraph 3. Delete in its entirety and insert the following: Paragraph 6.20.A shall govern indemnification obligations of CONTRACTOR. Paragraph 6.13 - Safety and Protection Sub -paragraph E. Delete in its entirety and insert the following: 00810-8 All damages, injury, or loss to any property referred to in Paragraph 6.13.a.2 or 6.13.a.3 caused, directly or indirectly, in whole or in part, by 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 part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). Paragraph 6.19 - CONTRACTOR's General Warranty and Guarantee Sub -paragraph A. Change: guarantees to OWNER, To Read: guarantees, in the form of Section 01700 -Contract Closeout Requirements, Paragraph 6.20 - Indemnification Sub -paragraph A. Delete in its entirety and insert the following: CONTRACTOR and its sureties shall defend, indemnify and hold harmless OWNER and its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorneys' fees and expenses brought for any injuries to persons or damages to property in connection with the performance or attempted performance of this Contract. So much of the money due CONTRACTOR under this Contract as shall be considered necessary by OWNER may be retained for the use of OWNER, or in case no money is due, the sureties shall be held, until all suits, actions, and claims shall have been settled and satisfactory evidence to that effect furnished OWNER. CONTRACTOR and its sureties expressly agree to defend, indemnify and hold harmless OWNER, its officers, agents, and employees in accordance with this clause regardless of whether the injury or damage is caused in whole or in part by the acts, or omissions, including negligence, of OWNER or its officers, agents or employees or any condition of the OWNER's property. Sub -paragraph B. Change: against Owner or Engineer or any of their To Read: against Owner or any of their Sub -paragraph C. 00810-9 Change: to the liability of Engineer and Engineer's officers, To Read: to the liability of Owner and Owner's officers, ARTICLE 8 - OWNER'S RESPONSIBILITIES Paragraph 8.11 - Evidence of Financial Arrangements Delete in its entirety. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION Paragraph 9.05 - Rejecting Defective Work Delete in its entirety and insert the following: ENGINEER or OWNER will have authority to disapprove or reject Work which ENGINEER or OWNER believes to be defective, or that ENGINEER or OWNER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER or OWNER 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. ARTICLE 10 - CHANGES IN WORK; CLAIMS Paragraph 10.05 - Claims Sub -paragraph B - Notice. First sentence. Change: after the start of the event To Read: after discovery of the start of the event Sub -paragraph B - Notice. Third sentence. Change: after the start of such event To Read: after discovery of the start of such event ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION... Paragraph 13.03 - Tests and Inspections Sub -paragraph A. Delete in its entirety and insert the following: OWNER's Representative will inspect and check all items of Work as it progresses to insure compliance with the Contract Documents. 00810-10 CONTRACTOR shall at all times facilitate this inspection. It will be CONTRACTOR's responsibility to contact OWNER's Representative directly prior to beginning any new phase of Work, so that he may be on hand to inspect materials, equipment, etc., prior to start of such Work. Sub -paragraph B. Delete in its entirety and insert the following: All tests made by a testing service selected by OWNER shall be paid for by OWNER provided such tests show compliance with the Contract Drawings and these Specifications. Should the tests fail to meet the requirements of the Contract Drawings and Specifications, such tests shall be paid for by CONTRACTOR. CONTRACTOR shall then verify by independent tests that Work has been done to correct all discrepancies before any additional tests by OWNER's laboratory are made. No investigations or tests of subsurface or latent physical conditions other than those indicated on the Contract Drawings and in these Specifications will be furnished by OWNER. Sub -paragraph E. Add: Any Work performed on Saturday, Sunday, or legal holiday without benefit of an inspection may require removal or replacement if directed by ENGINEER. Paragraph 13.04 - Uncovering Work Sub -paragraph A. Delete in its entirety and insert the following: If any Work is covered contrary to the written request of ENGINEER or to requirements specifically expressed in the Contract Documents, it must, if requested by ENGINEER, OWNER or any governmental authority, be uncovered for their observation and replaced at CONTRACTOR'S expense. Paragraph 13.05 - OWNER May Stop the Work Sub -paragraph A. Add: Exercise, or failure to exercise, OWNER's right to stop the Work shall not relieve CONTRACTOR of any of its responsibilities and obligations under or pursuant to the Contract Documents. Paragraph 13.06 - Correction or Removal of Defective Work Sub -paragraph A. First sentence. Change: if the Work has been rejected by ENGINEER, 00810-11 To Read: if the Work has been rejected by ENGINEER, OWNER or any governmental authority, ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION Paragraph 14.02 - Progress Payments Sub -paragraph A. - Application for Payments Sub -paragraph 1. Change: At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), To Read: On or about the first of each month during construction, Sub -paragraph 2. Delete in its entirety and insert the following: Each Application for Payment shall be certified and sworn as correct by CONTRACTOR and shall be accompanied by waivers of liens and other documentations from Subcontractors and Sub - subcontractors as reasonably may be required by ENGINEER and/or OWNER. In addition, such Application for Payment shall contain a sworn certification by CONTRACTOR that there are no written claims of mechanics' or materialmen's liens submitted to CONTRACTOR at the date of such Application for Payment, that CONTRACTOR has no knowledge of any filed mechanics' or materialmen's liens with respect to the Work, that all due and payable bills with respect to the Work have been paid to date or shall be paid from the proceeds of such Application for Payment, that there is no basis for the filing of any mechanics' or materialmen's liens on the Work, and that waivers from all Subcontractors constitute an effective waiver of lien under the laws of the jurisdiction in which the site is located to the extent of payments that have been made or are to be made concurrently with payment pursuant to such Application for Payment. Sub -paragraph 3. Delete in its entirety and insert the following: At no time prior to full and final completion of the Work and all obligations of CONTRACTOR shall the total of applications for payment exceed 90% of the Contract Price, as adjusted by Change Order, or 90% of the value of the Work that is then completed and of the unincorporated materials which are then properly and safely stored on the Work site, whichever is lesser unless otherwise stated in Document No. 00500 of these Specifications. 00810-12 Sub -paragraph C. - Payment Becomes Due Change: Ten days To Read: Thirty days Sub -paragraph D. - Reduction in Payment Sub -paragraph L, item c. Change: recommended; or To Read: recommended. OWNER may deem it necessary to withhold from any payment otherwise due CONTRACTOR so much as may be required to protect OWNER, and if so elects, OWNER may also withhold from CONTRACTOR any amounts due by CONTRACTOR to subcontractors or suppliers for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of OWNER and will not require OWNER to determine or adjust any claims or disputes between CONTRACTOR and his subcontractors or suppliers, or to withhold any moneys for their protection unless OWNER elects to do so. Failure or refusal of OWNER to withhold any moneys from CONTRACTOR shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract; or Sub -paragraph 2. Delete in its entirety and insert the following: Notwithstanding anything to the contrary contained in the Contract Documents, OWNER may withhold any payment to CONTRACTOR hereunder if and for so long as CONTRACTOR fails to perform any of its obligations hereunder or otherwise is in default under any of the Contract Documents or there is an amount in dispute under a Work Change Directive; provided, however, that any such holdback shall be limited to an amount sufficient in the reasonable opinion of OWNER to cure any such default or failure of performance by CONTRACTOR, multiplied by 150%. OWNER shall not be deemed to be in breach of this Agreement by reason of the withholding of any payment pursuant to any provision of the Contract Documents if the Work for which payment is withheld shall have been rejected by any governmental authority, ENGINEER, OWNER, or OWNER's lender, if any. Sub -paragraph 3. 00810-13 Delete in its entirety. Paragraph 14.07 - Final Payment Sub -Paragraph B. - ENGINEER's Review of Application and Acceptance Add: Withholding of any amount due OWNER under Liquidated Damages, shall be deducted from the final payment due CONTRACTOR. Sub -paragraph C. - Payment Becomes Due Sub -paragraph 1. Add: Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that final settlement shall not be had, nor shall final payment be due or made, until after the Agreement has been fully performed and the Work thereof accepted by OWNER, OWNER's lender, if any, all applicable regulatory authorities, and ENGINEER. These are conditions precedent to any obligation of OWNER to make final payment. Paragraph 14.09 - Waiver of Claims Sub -paragraph A. Sub -paragraph 1. Delete in its entirety. Sub -paragraph 2. Renumber to 1. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION Paragraph 15.02 - OWNER May Terminate for Cause Sub -paragraph A. Sub -paragraph 1. Change: CONTRACTOR's persistent failure to perform To Read: CONTRACTOR's failure to perform 00810-14 ARTICLE 16 - DISPUTE RESOLUTION Paragraph 16.01 - Methods and Procedures Delete in its entirety and insert the following: Subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS Paragraph 17.07 - Waiver of Claims Insert the following new paragraph CONTRACTOR waives Claims against OWNER for consequential damages arising out of or relating to the Contract Documents. This waiver includes, without limitation, damages incurred by CONTRACTOR for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with the Contract Documents. Paragraph 17.08 - Workmanship Insert the following new paragraph The workmanship contemplated under the Contract Documents shall be first class in every respect. Paragraph 17.09 - Storm Water Pollution Prevention Plant (SWPPP). Insert the following new paragraph Add: CONTRACTOR shall comply with all Storm Water Pollution Prevention Plans (SWPPP) and other runoff plans, laws and ordinances. END OF DOCUMENT 00810-15 DOCUMENT NO.00820 BOND AND INSURANCE REQUIREMENTS .01 BOND REQUIREMENTS: Prior to commencement of the Work on the project, CONTRACTOR shall be required, at CONTRACTOR's expense, to comply with the following bond requirements: a. In accordance with Texas Government Code Chapter 2253, furnish CALHOUN COUNTY with a Performance Bond in the amount of the "TOTAL CONTRACT PRICE" indicated in the Proposal herein, conditioned upon the faithful performance of the Work in accordance with the Contract Documents. Said Bond shall be solely for the protection of CALHOUN COUNTY. b. In accordance with Texas Government Code Chapter 2253, furnish CALHOUN COUNTY with a Payment Bond in the amount of the "TOTAL CONTRACT PRICE", indicated in the Proposal herein, solely for the protection of all claimants supplying labor and material in the prosecution of the Work provided for in the Contract, for the use of such claimant, and specifically waiving any prepayment by CALHOUN COUNTY. .02 INSURANCE REQUIREMENTS Prior to commencement of the Work on the project, CONTRACTOR shall be required, at CONTRACTOR's expense, to secure and maintain the following insurance requirements for the entire term of this Agreement (including all Warranty Periods): a. Furnish the "OWNER", CALHOUN COUNTY with a Certificate of Insurance, containing a THIRTY -DAY CANCELLATION CLAUSE, showing CONTRACTOR as the named insured and naming CALHOUN COUNTY as an additional insured for all insurance requirements, and showing at least the following coverages: 1. Workers' Compensation and Employers' Liability CONTRACTOR shall have (or purchase) and shall maintain in force during the duration of the Work, the following coverages with at least the corresponding limits. A. Compensation B. Employers Liability 00820-1 State and Federal Statutory Limits $1,000,000 C. Additional Workers' Compensation Insurance Coverage Requirements (1) Definitions (a) Certificate of Coverage ("Certificate") Certificate of Coverage, or "Certificate", shall be construed to mean a copy of a Certificate of Insurance, a Certificate of Authority to self -insure issued by the TWCC, or a Coverage Agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage of CONTRACTOR's employees providing services on a project, for the duration of the project. (b) Duration of the Project Duration of the project shall be construed to mean the time from the beginning of the Work on the project until CONTRACTOR's work on the project has been completed and accepted by OWNER. (c) Persons providing Services on the Project ("Subcontractor" in 0406.096) Persons providing services on the project, "Subcontractor", shall be construed to mean all persons or entities performing all or part of the services CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. 00820-2 (d) Services Services shall be construed to mean, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services shall not be construed to mean activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (e) TWCC TWCC shall stand for the Texas Workers' Compensation Commission. (2) CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011(44) for all employees of CONTRACTOR providing services on the project, for the duration of the project. (3) CONTRACTOR must provide a certificate of coverage to OWNER prior to being awarded the Contract. (4) If the coverage period shown on CONTRACTOR's current certificate of coverage ends during the duration of the project, CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. (5) The CONTRACTOR shall obtain from each person providing services on a project, and provide to O WNER the following. (a) A certificate of coverage, prior to that person beginning work on the project, so OWNER will have on file certificates of coverage showing coverage for all persons providing services on the proj ect. (b) No later than seven (7) days after receipt by CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (6) CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. (7) CONTRACTOR shall notify OWNER in writing by certified mail or personal delivery, within ten (10) days after CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. (8) CONTRACTOR shall post on each project site a notice informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of or failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other TWCC rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be as follows without any additional words or changes. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." (9) CONTRACTOR shall contractually require each person with whom CONTRACTOR contracts to provide services on a project to do the following. 00820-4 (a) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 0 401.011(44) for all of its employees providing services on the project, for the duration of the proj ect. (b) Provide CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. (c) Provide the CONTRACTOR prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (d) Obtain from each other person with whom it contracts, and provide to CONTRACTOR the following: i. A certificate of coverage, prior to the other person beginning work on the project. ii. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (e) Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter. (f) Notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 00820-5 2. (g) Contractually require each person with whom it contracts, to perform as required by paragraphs (a)- (g), with the certificates of coverage to be provided to the person for whom they are providing services. (10) By signing this Contract or providing or causing to be provided a certificate of coverage, CONTRACTOR is representing to OWNER that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the TWCC's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. (11) CONTRACTOR's failure to comply with any of these provisions is a breach of contract by CONTRACTOR which entitles OWNER to declare the Contract void if CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from OWNER. Commercial General Liability CONTRACTOR shall have, (or purchase) and shall maintain in force during the duration of the Work, coverage for the hazard of explosion, collapse and underground shall be included. Coverage for independent contractor's liability, contractual liability, products/completed operations liability, personal injury and broad form property damage shall also be included. Completed operations liability shall be kept in force for at least one (1) year after the date of final completion. Coverages shall have at least the following limits. A. General Aggregate $2,000,000 B. Products -Completed Operations Aggregate $1,000,000 C. Personal and Advertising Injury $15000,000 D. Each Occurrence $1,000,000 00820-6 3. 0 5. Ne E. Fire Damage ADDITIONAL Insured $ 50,000 ALL POLICIES (Except for Workman's Compensation/Employers Liability) will name CALHOUN COUNTY as an additional insured for all insurance requirements, by policy endorsement, along with CALHOUN COUNTY's Employees and OWNER's Engineer as ADDITIONAL INSURED and must provide coverage to the maximum extent permitted by law. The additional insured endorsements shall be on the ISO CG2010 11185 form or CG 2010 (10/93) in combination with CG 2037 of CG 2033, or suitable form equivalent. Automobile Liability CONTRACTOR shall have (or purchase) and shall maintain in force, for the duration of the Work, coverage cars and trucks owned, rented, hired, or leased, and others of non -ownership nature used by employees in and around or in connection with the particular Contract. Coverage shall have at least the following limit Combined Single Limit Builders Risk Insurance $1,000,000 CONTRACTOR shall have (or purchase) and shall maintain in force during the duration of the Work, coverage for, but not limited to, fire, lightning, windstorm, tornado, hurricane, and hail. Coverage shall be in the amount of 100 percent complete value basis on the insurable portions of the project for the benefit of OWNER, CONTRACTOR, and all subcontractors, as their interests may appear. Deductible No deductible on any coverage in excess of $500.00 per occurrence is acceptable. b. In the event OWNER is notified of cancellation of all or any part, OWNER may stop all Work on the Contract or secure insurance at its will and charge CONTRACTOR the cost thereof deducting the cost from CONTRACTOR's funds. END OF DOCUMENT 00820-7 DOCUMENT NO.00821 EQUAL EMPLOYMENT OPPORTUNITY .01 DISCRIMINATION: a. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONTRACTOR will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 00821-1 .02 e. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. SUBCONTRACTS: a. CONTRACTOR shall cause the provisions herein to be inserted in all subcontracts for any Work covered by this Contract or in all purchase orders unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions shall be binding upon each subcontractor or vendor. b. CONTRACTOR shall take such action with respect to any subcontract or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. 00821-2 C. CONTRACTOR shall not enter into any subcontract with any person or firm debarred from Government contracts. .03 MINORITY/FEMALE PARTICIPATION GOALS: a. A single goal for minorities and a separate single goal for women has been established below. The goals for minority and female participation for each trade for the duration of this Contract shall be applicable to all the CONTRACTOR's construction work (whether or not it is Federal or federally assisted) performed in the covered area. b. The goal for minority participation for each trade for the duration of this Contract is 27.4%. C. The goal for female participation for each trade for the duration of this Contract is 6.9%. d. CONTRACTOR, however, is required to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. .04 OPPORTUNITY FOR EQUAL EMPLOYMENT: a. CONTRACTOR shall take affirmative actions to ensure equal employment opportunity. The evaluation of CONTRACTOR's compliance with these Specifications shall be based upon CONTRACTOR's effort to achieve maximum results from its actions. b. CONTRACTOR is encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. C. To the greatest extent feasible, CONTRACTOR shall provide opportunities for training and employment to lower income residents of the project area, and to endeavor to sub -contract work in connection with the project to business concerns which are located, or owned in substantial part by persons residing in, the project area. d. CONTRACTOR shall cause the same provisions relating to lower income residents and local business concerns to be inserted into all subcontracts for any Work covered by this Contract. .05 REQUIRED NOTICES: CONTRACTOR shall send to each labor union or representative of workers with whom he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONTRACTOR's commitments under Section 202 of Executive Order No. 11246, as amended (3 CFR 169 (1974)), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 00821-3 .06 COMPLIANCE REGULATIONS: a. CONTRACTOR shall comply with all provisions of Executive Order No. 11246, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. b. CONTRACTOR shall furnish all information and reports required by Executive Order No. 11246, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. C. In the event of CONTRACTOR's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated, or suspended in whole or in part, and CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246, as amended, or by rules, regulation or orders of the Secretary of Labor, or otherwise provided by law. .07 LIMITATION CLAUSE: Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. I rA 00821-4 DOCUMENT NO.00822 NON -SEGREGATED FACILITIES REQUIREMENTS .01 DEFINITION: Segregated Facilities means any waiting rooms, work areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. .02 REQUIREMENTS: a. Segregated facilities shall not be provided or maintained by CONTRACTOR for employees at any of CONTRACTOR's establishments. b. CONTRACTOR's employees shall not be permitted any segregated facilities at any of CONTRACTOR's establishments. C. CONTRACTOR shall not permit employees to perform their services at any location, under CONTRACTOR's control, where segregated facilities are maintained. END OF DOCUMENT 00822-1 DOCUMENT NO.00823 STATUTORY REQUIREMENTS CLEAN AIR AND WATER ACTS: a. In compliance with the Clean Air Act, as amended, 41 U.S.C. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, CONTRACTOR agrees to the following conditions. 1. Any facility to be utilized in the performance of this Contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2. CONTRACTOR shall comply with all requirements of Section 114 of the Clean Air Act, as amended. 3. Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in these Specifications. b. CONTRACTOR encounters existing material on sites owned or controlled by OWNER or in material sources that are suspected by visual observation or smell to contain hazardous materials, CONTRACTOR shall immediately notify ENGINEER and OWNER. OWNER will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by OWNER. OWNER may suspend the Work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by OWNER. END OF DOCUMENT 00823-1 DOCUMENT NO.00830 Page 1 of 5 PREVAILING WAGE RATE General Decision Number: TX160066 01/08/2016 TX66 Superseded General Decision Number: TX20150066 State: Texas Construction Type: Heavy Counties: Aransas, Austin, Calhoun and Goliad Counties in Texas. HEAVY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 SUTX2005-023 09/08/2005 Rates Asphalt Distributor Operator ..... $ 12.57 Asphalt paving machine operator.........................$ 11.60 Asphalt Raker ....................$ 10.63 Asphalt Shoveler .................$ 9.23 Broom or 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, Derrick, Dragline, Shovel Operator .........................$ 12.00 Fringes 00830-1 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=O 3/30/2016 Page 2 of 5 Flagger..........................$ 8.60 Form Builder/Setter, Structures .......................$ 10.51 Form Setter, Paving & Curb ....... $ 9.48 Foundation Drill Operator, Truck Mounted ....................$ 14.58 Front End Loader Operator ........ $ 10.62 Laborer, common ..................$ 8.91 Laborer, Utility .................$ 9.21 MECHANIC .........................$ 12.18 Motor Grader Operator Fine Grade ............................$ 15.15 Motor Grader Operator Rough ...... $ 12.95 Pavement Marking Machine Operator.........................$ 13.32 Pipelayer........................$ 9.71 Roller Operator, Pneumatic, Self -Propelled ...................$ 8.90 Roller Operator, Steel Wheel, Flat Wheel/Tamping...............$ 9.30 Roller Operator, Steel Wheel, Plant Mix Pavement ...............$ 10.59 Scraper Operator .................$ 9.85 Servicer .........................$ 11.18 Spreader Box Operator ............ $ 13.00 Traveling Mixer Operator ......... $ 12.67 Truck Driver Single Axle Heavy...$ 10.87 Truck Driver Single Axle, Light ............................$ 10.85 Truck driver, lowboy -Float ....... $ 13.70 Truck Driver, Tandem Axle, Semi -Trailer .....................$ 10.05 Work Zone Barricade Servicer..... $ 9.63 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing 00830-2 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 Page 3 of 5 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 (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 cited type(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 a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. 00830-3 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 Page 4 of 5 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) 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.) 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 Branch 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 2.) 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 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 00830-4 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 Page 5 of 5 200 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. 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 00830-5 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS: 01025 Application for Payment Requirements 01340 Shop Drawings, Product Data, and Samples 01410 Inspection, Testing, and Guarantee 01500 Temporary Facilities 01700 Contract Closeout Requirements DIVISION 2 - SITE WORK: 02050 Demolition 02300 Pile Driving DIVISION 3 - CONCRETE: 03300 Cast -In -Place Concrete DIVISION 6 - WOOD AND PLASTICS: 06100 Carpentry END OF TABLE Wage I of I !ILYA P-J Lel E General DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025 - APPLICATION FOR PAYMENT REQUIREMENTS In order for CONTRACTOR to receive Progress Payments under the Contract, the following items shall be submitted to ENGINEER for review. a. An Application for Payment, certified and sworn as correct by CONTRACTOR, in accordance with Article 14.02.A.1 of the General Conditions, unless otherwise amended by the Supplementary Conditions, b. A sworn certification of no claims and appropriate waivers of liens in accordance with Article 14.02.A.2 of the General Conditions, unless otherwise amended by the Supplementary Conditions. Such certification and waivers shall be as found herein as the "CONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT", and if applicable, the "SUBCONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT". 01025-1 CONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT THE STATE OF TEXAS § COUNTY OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from CALHOUN COUNTY (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at Alamo, Magnolia and Indianola Beaches (location) to the following extent: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD (job description). This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to CALHOUN COUNTY (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). (CONTRACTOR'S NAME) Signed By: Print Name: Title: 01025-2 SUBSCRIBED AND SWORN TO BEFORE ME by , 20 , to certify which witness my hand and seal of office. Notary Public, State of Texas No 01025-3 SUBCONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT THE STATE OF TEXAS § COUNTY OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easement of CALHOUN COUNTY (owner) located Alamo, Magnolia and Indianola Beaches (location) to the following extent STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD (job description). This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). (SUBCONTRACTOR'S NAME) Signed By: Print Name: Title: 01025-4 SUBSCRIBED AND SWORN TO BEFORE ME by , on , 20 , to certify which witness my hand and seal of office. Notary Public, State of Texas END OF SECTION 01025-5 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES .01 GENERAL: a. Submit shop drawings, product data and samples required by specification sections. b. Shop drawings, product data and samples are not considered a part of Contract Documents. C. Schedule submissions at least 10 days before reviewed submittals will be needed. .02 CONTRACTOR RESPONSIBILITIES: a. Review shop drawings, project data and samples prior to submission. b. Verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and other data. 4. Conformance with submission requirements. C. Coordinate each submittal with Contract Documents and the work requirements to prevent any delay in the work. d. CONTRACTOR's responsibility for errors and omissions is not relieved by ENGINEER's review of submittals. e. At time of submission and in writing, notify ENGINEER of submittal deviations from Contract Documents. f. CONTRACTOR's responsibility for deviations from Contract Documents is not relieved by ENGINEER's review of submittals, unless ENGINEER gives written acceptance of specific deviations. g. Begin no Work related to submittals until return of submittals with ENGINEER's stamp and initials or signature indicating review. h. Distribute copies after ENGINEER's review. 01340-1 .03 ENGINEER'S DUTIES: a. Review submittals with reasonable promptness to prevent any delay in the Work. b. Review for conformance with: l . Design concept of project. 2. Contract Documents. C. Review of a separate item does not constitute review of an assembly in which the item functions. d. Return to CONTRACTOR those submittals which do not meet the requirements and require correction and resubmission. e. Affix stamp and initials or signature certifying review of submittal. f. Return reviewed submittals to CONTRACTOR for distribution. .04 PREPARATION REQUIREMENTS: a. Shop Drawings: l . Preparation by a qualified detailer. 2. Sheet size same as Contract Drawings. 3. Identify details by reference to sheet and detail numbers on Contract Drawings. 4. Include on the drawing all information required for submission or prepare a transmittal letter. 5. Prepare one reproducible transparency and one opaque print of each shop drawing. b. Product Data: 1. Modify manufacturer's standard schematic drawings to delete or supplement information as applicable. 2. For manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other descriptive data: (a) Clearly mark each copy to identify pertinent materials, products or models. 01340-2 (b) Show dimensions and clearances required. (c) Show performance characteristics and capacities. (d) Show wiring diagrams and controls. 3. Include on the data all information required for submission or prepare a transmittal letter. 4. Prepare number of copies which the CONTRACTOR requires for distribution plus two copies to be retained by ENGINEER. C. Samples: 1. Obtain office samples of sufficient size and quantity to clearly illustrate: (a) Functional characteristics of products or materials with integrally related parts and attachment devices. (b) Full range of color samples. 2. Erect field samples and mock-ups at the project site in an acceptable location. Construct each sample complete, including work of all trades required in finished work. 3. Include on transmittal letter all information required for submission. 4. Prepare the number of samples specified in specification sections. .05 SUBMISSION REQUIREMENTS: a. Submit shop drawings, product data and samples in the form and quantity specified. b. Accompany submittals with a transmittal letter in duplicate, as required. C. Include the following information for each submittal: 1. Date and revision dates. 2. Project title and number. 3. The names of: (a) ENGINEER (b) CONTRACTOR (c) Subcontractor (d) Supplier (e) Manufacturer (f) Separate detailer when pertinent. 01340-3 .06 .07 4. Identification of product or material. 5. Relation to adjacent structure of materials. 6. Field dimensions clearly identified as such. 7. Specification section number. 8. Applicable standards, such as ASTM number or Federal Specification. 9. A blank space, 4" x 4", for ENGINEER's review stamp. 10. Identification of deviations from Contract Documents. 11. CONTRACTOR's stamp, initialed or signed, certifying review of submittal, verification of field measurements and compliance with Contract Documents. RESUBMISSION REQUIREMENTS: a. Shop Drawings: 1. Revise initial drawings as required and resubmit as specified for initial submittal. 2. Indicate on drawings any changes which have been made other than those requested by ENGINEER. b. Product Data and Samples: Submit new data and samples as required for initial submission. DISTRIBUTION AFTER REVIEW: a. Distribute copies of shop drawings and product data which carry ENGINEER's stamp to: 1. CONTRACTOR's file 2. Job site file 3. Record document file 4. Other prime CONTRACTORS 5. Subcontractors 6. Supplier 7. Fabricator b. Distribute samples as directed. After review, samples may be used in construction. END OF SECTION 01340-4 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01410 - INSPECTION, TESTING AND GUARANTEE .01 GENERAL: These requirements supplement those provided under Article 13 of the General Conditions. .02 INSPECTION: a. Inspector: A representative of ENGINEER or OWNER will be assigned authority to observe and inspect the Work. b. Working Days: Inspectors are not required to work on Saturdays, Sundays or legal holidays. If CONTRACTOR plans work on a Saturday, Sunday or legal holiday, prior arrangements should be made for an inspector not later than 2:00 p.m. on the working day before the Saturday, Sunday or legal holiday. C. Uninspected Work: Any Work performed on Saturday, Sunday, or a legal holiday without benefit of any inspection may require removal and replacement if directed by ENGINEER. Removal and replacement will be completed at no additional cost. .03 TESTING: a. The cost of preparing and testing, and the cost of other laboratory services required for establishing the concrete mix, and redesigning the mix, if necessary, shall be borne by CONTRACTOR. b. CONTRACTOR shall furnish at his own expense, suitable evidence that all the materials he proposes to incorporate into the Work are in accordance with the Specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe and fittings, when it is definite that the materials being furnished is that to which the test results apply. Should CONTRACTOR fail to provide the above information, ENGINEER shall have the right to require tests to be made by OWNER's laboratory to obtain the information and the cost therefore shall be borne by CONTRACTOR. C. In any event, ENGINEER may have further tests made by commercial laboratory, or may make tests himself, to insure that the Specifications are complied with by CONTRACTOR. Costs of these tests will be borne by OWNER. 01410-1 .04 GUARANTEE: a. CONTRACTOR shall deliver to ENGINEER upon completion of all Work under the Contract his written guarantee, in the form of SECTION 01700 - CONTRACT CLOSEOUT REQUIREMENTS, made out to OWNER, guaranteeing all of the Work under the Contract to be free from faulty materials in every particular and free from improper workmanship; and against injury from proper and usual wear; and agreeing to replace or to re -execute without cost to OWNER such Work as may be found to be improper or imperfect; and to make good all damage caused to other Work or materials, due to such required replacement or re -execution. This guarantee shall be made to cover a period of one (1) year from the date of completion of all Work under this Contract, as evidenced by ENGINEER's final certificate. This guarantee must be furnished to ENGINEER and approved by him before acceptance and final payment is made. b. CONTRACTOR shall provide OWNER with copies of all guarantees or warranties which have been made to CONTRACTOR by suppliers or subcontractors as required hereunder, together with an assignment of such warranties and guarantees to OWNER; however, such assignment shall not relieve CONTRACTOR of the responsibility (stated in subparagraph a. above) in case of failure of subcontractors or suppliers to fulfill the provisions of such warranties or guarantees. C. Neither the final certificate, nor payment, nor any provision in the Contract Documents shall relieve CONTRACTOR of responsibility for neglect of faulty materials or workmanship during the period covered by the guarantee. END OF SECTION 01410-2 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500 - TEMPORARY FACILITIES .01 FIELD OFFICE: If CONTRACTOR is required (or is so inclined) to provide a Temporary Field Office, said office shall be placed, unless otherwise approved in writing, at a site selected by CONTRACTOR and approved by ENGINEER. The building shall be weatherproof and be provided with doors and locks, electric illumination and adequate ventilation. The floor of the building shall be raised above the ground. A complete set of Contract Drawings and Specifications shall be kept in the temporary office throughout the construction period and shall be accessible for use by OWNER and ENGINEER. The building shall be maintained in a clean condition throughout the Contract period and shall be removed from the site upon completion of all Work. .02 SANITARY FACILITIES: CONTRACTOR shall make all arrangements and furnish all materials required to obtain any needed sanitary facilities and to satisfy the requirements of local or state health authorities, ordinances, and laws. .03 STORAGE OF MATERIALS: a. No materials shall be stored nor shall any equipment be parked on adjacent property without the expressed consent of owner of the property concerned. b. Secure and watertight storage facilities of suitable size with floors raised above the ground shall be provided for materials liable to damage from exposure to the weather. Other materials shall be stored on blocks off the ground. Materials shall be so placed as to permit easy access for inspection and identification. Any material which has deteriorated, become damaged, or otherwise unfit for use, shall not be used in the Work, and shall be immediately removed from the site by CONTRACTOR. Upon completion of all Work or when directed, CONTRACTOR shall remove storage facilities from the site. .04 TEMPORARY UTILITIES: CONTRACTOR shall arrange for and secure all temporary connections for water, electricity, gas and other services needed by him for the proper execution of his operations. Costs for these services shall be paid for by CONTRACTOR. 01500-1 .05 BARRICADES AND WARNINGS: a. The safety of the public shall of primary importance during construction. In all respects provisions for public safety shall be CONTRACTOR's responsibility. b. Should conditions be such that the public safety is involved, the Contractor shall provide warning lights which shall be kept burning between the hours of sunset and sunrise. Barricades and warnings shall be in accordance with Item 502, "Barricades, Signs and Traffic Handling" of the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, as adopted by the Texas Department of Transportation (June 2004 edition). END OF SECTION 01500-2 DIVISION 1- GENERAL REQUIREMENTS SECTION 01700 -CONTRACT CLOSEOUT REQUIREMENTS Before final acceptance by OWNER, the following items must be submitted and accepted by ENGINEER: a. Final Inspection completed b. Bound manuals of servicing or operating instructions with recommended lubricants for all equipment C. One (1) set of constructions plans, with variations from originals and as -built conditions duly noted d. CONTRACTOR's Guarantee. CONTRACTOR shall deliver to OWNER, upon completion of all Work, his written guarantee, found herein as "CONTRACTOR'S GUARANTEE". This guarantee shall be made to cover a period of one (1) year from the date of completion of all Work, and must be furnished to and approved by OWNER before acceptance and final payment is made. Neither the final payment, nor any provision stated above, shall relieve CONTRACTOR of responsibility for neglect of faulty materials or workmanship during the period covered by the guarantee. e. All other guarantees and warranties properly assigned to OWNER CONTRACTOR shall provide OWNER with copies of all guarantees or warranties which have been made to CONTRACTOR by suppliers or subcontractors, together with an assignment of such warranties and guarantees to OWNER; however, such assignment shall not relieve CONTRACTOR of the responsibility (stated in his guarantee) in case of failure of subcontractors or suppliers to fulfill the provisions of such warranties or guarantees. Neither the final payment, nor any provision stated above, shall relieve CONTRACTOR of responsibility for neglect of faulty materials or workmanship during the period covered by the guarantee. f. CONTRACTOR's Conditional Waiver and Release on Final Payment CONTRACTOR shall deliver to OWNER, upon completion of all Work, a final sworn certification of no claims and waiver of liens in accordance with Article 14.07 of the General Conditions, unless otherwise amended by the Supplementary Conditions. Such certification and waiver shall be found herein as the "CONTRACTOR's CONDITIONAL WAVIER AND RELEASE ON FINAL PAYMENT", and if applicable, the "SUBCONTRACTOR'S CONDITIONAL WAVIER AND RELEASE ON FINAL PAYMENT". g. Final Application for Payment. 01700-1 CONTRACTOR's GUARANTEE I, , being of (hereinafter called "CONTRACTOR"), do hereby make the following statements to CALHOUN COUNTY (hereinafter called "OWNER") in relation to the completed project known as STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD. I guarantee... That all of the completed Work is free from faulty materials in every particular, That all of the completed Work is free from improper workmanship, and That no injury will occur from proper and usual wear, That OWNER has been assigned all guarantees and/or warranties originally made to CONTRACTOR by suppliers and subcontractors, if any. (Such assignment does not relieve CONTRACTOR of the responsibility stated in each guarantee and/or warranty in case of failure of suppliers or subcontractors to fulfill the provisions of such guarantees and/or warranties.) I agree... That the execution of the final certificate or the receipt of the final payment does not relieve CONTRACTOR of the responsibility for neglect of faulty materials or workmanship during the period covered by this Guarantee, To replace or to re -execute without cost to OWNER such Work as may be found to be improper or imperfect, and To make good all damage caused to other Work or materials, due to such required replacement or re -execution. This Guarantee is in effect as of the day of cover a period of ONE (1) FULL YEAR from said effective date. (CONTRACTOR) Signed By: Print Name/Title: Date; 20 , and shall 01700-2 CONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT THE STATE OF TEXAS § COUNT' OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from CALHOUN COUNTY (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at Alamo, Magnolia and Indianola Beaches, (location) to the following extent: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Yob description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to CALHOUN COUNTY (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. 01700-3 (CONTRACTOR) Signed By:. Print Name: Title: SUBSCRIBED AND SWORN TO BEFORE ME by , on , 20 , to certify which witness my hand and seal of office. Notary Public, State of Texas My Commission Expires: 01700-4 SUBCONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT THE STATE OF TEXAS § COUNTY OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at Alamo, Magnolia and Indianola Beaches, (location) to the following extent: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. 01700-5 (SUBCONTRACTOR) Signed By:. Print Name: Title: SUBSCRIBED AND SWORN TO BEFORE ME by . on , 20_, to certify which witness my hand and seal of office. Notary Public, State of Texas My Commission Expires: END OF SECTION END OF DIVISION 01700-6 DIVISION 2 DIVISION 2 - SITE WORK SECTION 02050 - DEMOLITION .01 GENERAL: The Work covered under this Section shall be as indicated on the Drawings and as specified herein. Demolition required for this Work includes, but is not limited to: a. Constructing temporary barriers around objects designated to remain. b. Demolition and removal of structures. C. Disconnecting and removing existing utility lines on the site except those designated to remain. d. Removal of debris. .02 JOB CONDITIONS: a. Burning: On -site burning will not be permitted. b. Protection: Use all means necessary to protect existing objects designed to remain and, in the event of damage, immediately make all repairs and replacements necessary to the approval of ENGINEER at no additional cost to OWNER. .03 MATERIALS: All materials, required for proper completion of the Work of this Section, shall be selected by CONTRACTOR subject to the approval of ENGINEER. .04 PREPARATION: a. Notification: Notify ENGINEER at least two full working days prior to commencing the Work of this Section. b. Site Inspection: 1. Prior to all Work of this Section, carefully inspect the entire site and all objects designated to be removed and to be preserved. 02050-1 2. Locate all existing utility lines and determine requirements for disconnecting and capping. 3. Locate existing active utility lines traversing the site and determine the requirements for their protection. C. Clarification: 1. The Drawings do not purport to show all objects existing on the site. 2. Before commencing the Work of this Section, verify with ENGINEER all objects to be removed and all objects to be preserved. d. Scheduling: 1. Schedule all Work in a careful manner with all necessary consideration for neighbors and the public. 2. Avoid interference with the use of, and passage to and from, adjacent buildings and facilities. e. Disconnection of Utilities: Before starting site operations, disconnect or arrange for the disconnection of all utility services designated to be removed; performing all such Work in accordance with the requirements of the utility company or agency involved. f Protection of Utilities: Preserve in operating condition all active utilities traversing the site and designated to remain. .05 DEMOLITION OF STRUCTURES. - Demolish all buildings designated for demolition, pulling out all foundations and concrete slabs; remove all existing pavement designated to be removed. .06 OTHER DEMOLITION: Pull out all existing utility lines designated for abandonment, and all other objects designated to be removed. .07 CONSTRUCTION OF BARRICADES: a. Materials: Unless otherwise specifically approved by ENGINEER, use only new and solid lumber of Utility grade (or better) to construct temporary barricades around the objects designated to remain. 02050-2 b. Layout: 1. At all objects designated to be preserved, construct a temporary barricade. 2. Make barricades at least three (3) feet high, consisting of 2" X 4" (or larger) posts, set at least 18 inches into the ground at not more than six (6) feet on centers, joined at the top by 1 " X 6" (or larger) boards firmly nailed to the posts. C. Protection: 1. Take special care, in setting posts, to not damage tree roots. 2. Do not permit stockpiling of materials or debris within the barricaded area, nor permit the earth's surface to be changed in any way except as specifi- cally approved by ENGINEER. .08 REMOVAL OF DEBRIS: CONTRACTOR shall be responsible for removal and disposal of all debris from the site, and leave the site in a neat and orderly condition to the approval of ENGINEER. END OF SECTION 02050-3 DIVISION 2 - SITE WORK SECTION 02300 - PILE DRIVING .01 GENERAL a. This section shall govern the provision of equipment for and the methods to be used in driving all piling other than sheet piling. b. The requirements herein are a minimum. C. Strict compliance with these requirements will not relieve CONTRACTOR of the responsibility of adopting whatever additional provisions may be necessary to insure the successful completion of the Work. .02 PRODUCTS: Materials - Piling shall be as called for on the Drawing and/or applicable Specification. tI l a. Tolerances for Driving 1. Piling shall be driven to the lines and grades shown on the Drawings. 2. Maximum variation from planned pile head location shall be 3 inches. 3. Maximum variation from plumb for vertical piling shall be 1/4" per foot of pile length. Allowable variation from required batter for batter piling shall be 1/2" per foot of pile length from the required angle. 4. Piling shall be driven using templates or other means necessary in order to comply with the above tolerances. b. Protection of Pileheads 1. A structural steel driving head suitable for the type and size of piling being driven shall be used. The driving head shall be large enough to allow free rotation of pile head. A tight fitting head will not be permitted. 2. For concrete piling, a cushion block shall be provided between the driving head and the top of the pile. It shall be a minimum of 4 in. thick for short piling (50 ft. or less) and at least 6 in. thick for longer piling. The cushion block shall be multiple layers of one of the following: 02300-1 A. 3/4 in. or 1 in. structural grade southern pine or fir plywood. B. Green oak or gum with the grain of the wood horizontal. C. Other material which has been approved by ENGINEER. 3. Careful attention shall be given to the condition of the cushion material. Generally, one block shall not be used to drive more than three piling but shall be changed more frequently, if necessary, to prevent damage. C. Driving Equipment 1. The driving of piling shall be done with power hammers unless gravity hammers are specifically permitted by the Drawings. 2. The size of hammer shall comply with Table 1. Table 1 Size of Driving Equipment MINIMUM MAXIMUM MINIMUM WEIGHT RAM HAMMER OF RAM STROKE ENERGY TYPE TYPE HAMMER (LBS) (FT) (FT-LBS) Steel H Steam, Air, Hydraulic 3000 4 250 R or 2'/2 Diesel 2000 8 WP whichever is larger Pipe Steam, Air, Hydraulic 3000 4 Diesel 2000 8 Concrete Steam, Air, Hydraulic 3000 but not 4 250 R but no less than I less than''/a WP ft-lb per lb of pile wt. Diesel (See Notes 3 & 4) 2700 but not 8 less than'/a WP NOTES: I. R = Design load in tons. 2. WP = Weight of pile in pounds based on plan length. 3. Minimum hammer energy for pipe piling with plan lengths over 65 ft. shall be 430 R. 4. Diesel hammers with less ram weight and/or greater ram stroke may be permitted if a wave equation analysis indicates that the combination of ram weight, stroke, and cushioning will not overstress the piling. 3. When gravity (drop) hammers are used, the height of drop shall be regulated to avoid injury to the piling and shall in not case exceed the maximum drop shown in Table 1. CONTRACTOR shall furnish ENGINEER a certified public scale weight of the hammer to be used. 4. Concrete piling shall not be subjected to excessive stress caused by the combination of a particular hammer with the given soil conditions. To control stress in concrete piling during driving, ENGINEER may require: A. Increase in cushion thickness. 02300-2 B. Reduction of ram stroke. C. Reduced ram stroke for driving through very soft soil and longer ram stroke as soil resistance increases. D. Combination of increased thickness and reduced ram stroke. E. Heavier ram with a shorter stroke to obtain the desired driving energy. F. Combination of increased cushion thickness and heavier ram with shorter stroke. G. Use of pilot holes or jetting when driving through hard or alternating hard and soft strata. 5. All test piling in a particular structure or any approved segment thereof shall be driven with the same hammer. The same type and size hammer shall be used to drive the remainder of the piling in the structure or approved segment thereof that was used to drive the test piling. 6. Pile drivers shall be equipped with leads which are constructed to afford freedom of movement of the hammer and provide adequate support to the pile during driving. The longitudinal axis of the leads, hammer, and pile shall coincide. Leads shall be held rigidly in position during driving. d. Penetration 1. Where minimum penetration is specified on the Drawings, the piling shall be driven to this elevation. If ENGINEER determines that sufficient pile bearing capacity is not attained in driving to this elevation, ENGINEER may order CONTRACTOR to redrive selected piles or continue driving the piles until the pile capacity is attained. Additional driving costs shall be paid for as authorized extras. CONTRACTOR shall not overdrive piles unless specifically directed to do so by the OWNER's ENGINEER. 2. Where no minimum penetration is shown on the Drawings and test piling are not used, piling shall be driven to such depths required to obtain the specified bearing resistance. 3. When test piling or test loads are used, subsequent pile lengths will be established by ENGINEER on the basis of these test data. These lengths shall then supersede all other requirements and will be considered lengths for minimum penetration. In these cases, piling shall be driven to this approximate elevation and to greater depths as required to obtain the specified bearing resistance. 1► 111101 4. When the specified penetration cannot be obtained by driving without damage to the piling, CONTRACTOR shall provide either pilot holes or jetting when authorized by ENGINEER. 5. Any piling raised when driving adjacent piling shall be redriven. 6. Broken, split, or displaced piling shall be removed and replaced or corrected as directed by ENGINEER. e. Jetting 1. Jetting will be allowed only with prior approval of ENGINEER and when the specified penetration cannot be obtained by driving and other methods are not feasible. 2. Prior to jetting, CONTRACTOR shall submit details of the proposed methods to ENGINEER for approval. 3. For jetting operations, sufficient power shall be provided to simultaneously operate a minimum of two 1 1/2in. diameter pipes equipped with 3/4 in. nozzles at a pressure of 150 psi. f. Bearing Evaluation 1. Unless otherwise shown on the Drawings, the bearing resistance of piling will be determined by the following E.N.R. formulas: For gravity hammers: P = 2WH/(S+1.0) For Single -Acting Power Hammers: P = 2WH/(5+0.1) For Double -Acting Power Hammers: P = 2E/(5+0.1) where, P = Bearing Resistance in pounds. S = Average penetration in inches per blow for the last 20 blows. W = Weight of ram in pounds. H = Height of fall of ram in feet. E = Manufacture's rated energy in foot-pounds (for double-acting power hammers) x .85, OR The equivalent energy in foot-pounds, determined by a calibrated gage attached to the hammer and taken when the average penetration in inches per blow is determined (for enclosed ram diesel hammer). 02300-4 2. Pile Records A detailed and accurate record shall be kept by CONTRACTOR and OWNERs ENGINEER during the driving of all piles showing the following information for each pile driven: A. Identification number of the individual pile as shown on the pile driving plan. B. Date driven. C. Pile size. D. Length of pile below cutoff elevation. E. Tip elevation at termination of driving. F. Cutoff elevation. G. Ground surface elevation. H. Number of splices and location(s). I. Hammer -size and speed, manufacturer and rated energy. J. The number of blows required per foot of pile penetration throughout the entire length of pile and blows per inch for the final 6 inches of penetration. K. A description of any unusual circumstances affecting the driving of the particular pile such as redriving, heaving, obstructions, jetting, any breaks in driving continuity, etc. L. Total driving time. M. Type and dimensions of driving helmet, capblock and hammer cushion used. N. Groundwater conditions and pumping (if required). O. Temperature and weather conditions. P. The allowable load on the pile and the criteria for establishing the load. Q. Degree out-of-plumbness, vertical piles. Degree of batter, batter piles. R. The name and signature of the Pile Inspector (if other than a Registered Professional Engineer) responsible for pile driving certification. Any unusual or unexpected conditions encountered during driving installation shall be immediately reported to the OWNER's ENGINEER. g. Marking Piles Prior to driving, CONTRACTOR shall clearly mark all piles with lines one foot apart and with numerals every five feet. Piles shall be marked starting at a distance from the bottom of the pile not greater than the depth of water at the pile location. h. Pile Buildup If, at ENGINEER's direction, a pile is driven below the designated tip elevation and the final elevation of the pile head is below the required cutoff elevation, the pile section shall be built up to the required elevation in accordance with the Drawings and paid for as an authorized extra. If, however, a pile is driven below cutoff as a result of overdriving by CONTRACTOR, the cost of pile buildup shall be borne by CONTRACTOR. END OF SECTION END OF DIVISION 02300-6 Twi DIVISION 3 - CONCRETE SECTION 03300 - CAST -IN -PLACE CONCRETE .01 GENERAL: All concrete work, including reinforcing, forming, mixing, placing and curing shall conform to all requirements of ACI 301 (latest revision), "Specifications for Structural Concrete for Buildings", except as modified by the Supplemental Requirements below. The current issue of ACI 3 01 , is a part of this Specification and a minimum of one copy shall be in the project field office at all times. .02 SUPPLEMENTAL REQUIREMENTS: a. 2.1.2 Cement shall be Type I of ASTM C 150. b. 2.2 Air entraining admixtures shall be used in all exterior concrete. Admixtures containing soluble chlorides shall not be used. C. 3.2 4000 psi 28 day compressive strength for all Work unless otherwise noted. d. 5.2 Reinforcing bars shall be ASTM A615, 60 KSI yield grade deformed steel bars plain finish unless otherwise noted. e. 6.2.2 Expansion joint filler shall be of Preformed Bituminous expansion joint material (ASTM D994) 1/2" thick, unless otherwise noted and shall extend the full depth of the slab. f. 16.2 A testing service may be selected and paid for by OWNER. CONTRACTOR shall cooperate and assist as necessary in the taking, storing and curing of the samples. Cost of this assistance shall be included in the Bid. g. 16.7.4.4 Furnish copies of mill test reports to ENGINEER. END OF SECTION END OF DIVISION 03300-1 W..- =..or DIVISION 6 - WOOD AND PLASTICS SECTION 06100 - CARPENTRY .01 GENERAL: This work includes furnishing all materials and equipment, and performing all operations necessary to complete all carpentry work as indicated on the drawings and as specified herein. .02 SHOP DRAWINGS: Submit shop drawings of millwork showing size, materials, grain run, and methods of construction. .03 MEASUREMENTS: Verify all dimensions shown on drawings by taking field measurements; proper fit and attachment of all parts is required. Before commencing work, check all lines and levels indicated and such other work that has been completed. Should there be any discrepancies, immediately report it in writing to the Engineer. .04 COORDINATION: Coordinate work with other trades (electrical, mechanical, plumbing, etc.) and do all cutting and patching required to accommodate their work. Protect adjacent work. .05 DELIVERY AND STORAGE: a. Protect millwork during transit, delivery, storage and handling to prevent damage, and store within dry enclosed area. .06 GENERAL REQUIREMENTS: a. Grading Rules: Conform with all applicable requirements of American Lumber Standards "Simplified Practice Recommendation R-16", and to grading rules of manufacturer's association under whose rules the lumber is produced. b. Reference Standards: Conform with all requirements of U.S. Dept. of Commerce Commercial Standards and American Wood Preservers Association Standards, as they apply for rough carpentry. Millwork shall comply with applicable requirements of the Architectural Woodwork Institute "Quality Standards" for "Custom Grade". END OF SECTION END OF DIVISION 06100-1 J POINT LAVACA �" COMFORT BAY`3 ALCOA 1593 CON 00— 3084 COX 238 BAY NPORT LAVACA °LAVACA BAY COURTESY DO(:K ^� 1999� � -- LAVACA AT A[ AU i DrAnU BAY 9 238 BOAT PLAN VIE 7. DECK SCREWS (31 6 S.S. ) OF SUFFICIENT SIZE AND LENGTH SHALL DE USED TO SECURE WALKWAY 2433] SCALE: 1 = 20 DECKING® TWO (2) SCREWS PER BOARD @ EACH JOIST IS REQUIRED® SEE DETAIL 8 SHEET Cl-2- �i �Ci7ES°� DOCK AT �j MAGNOLIA BEACH 10 - 11 1 0 � ALAMO EST EXISTING NEW HAND IC I AP 8. PILOT HOLES MAY BE REQUIRED TO AVOID SPLITTING OF DECKING AND HANDRAIL MEMBERS BEACH BRIDGE GRADE ACCESS LANDING 2717 EL . 6. 0' + Be GENERAL MATERIAL SPECIFICATIONS® cr CD NEW PIER f8) 16' LG® PILES Ln Cl . MAGNOLIA B o�IA lst 20W 1« ALL TIMBER UTILIZED SHALL BE SOUTHERN YELLOW PINE OF THE SIZE, AND LENGTH L CD STREET \ 1 INDICATED ON THE DRAWINGS. ALL STRUCTURAL LUMBER (2x8. 2xl0, 2xl2, 3x8. 3xl2 4x8) FISHING SHALL DE FULL CUT SIZE ROUGH SURFACING ALL OTHER SHALL DE NOMINAL SIZE S4S LUMBER @ o r° U v 27,7 �co - " PIEREL. 3.0 NG'VD 29 � 2760 l°� MATAGOR[JA 4 ( 2� ALL BEAMS- JOIST AND OTHER STRUCTURAL LUMBER SHALL BE No. 1 GRADE. ALL OTHER SHALL z BAY BE No. 2 GRADE OR BETTER IN ACCORDANCE WITH A. I.T.C. CONTRACTOR SHALL SUBMIT MILL LL u C1a4 \ CERTIFICATIONS FOR ALL STRUCTURAL LUMBER® i cc LLJ vui INDIA OL � \ W � � r, `+ FISHING 0 GRADE EXIST. AREA �� 0 3e ALL TIMBER MATERIALS AND ALL PILES SHALL BE CCA TREATED IN ACCORDANCE WITH THE � � c ¢ PIER AS REQUIRED FOR A REQUIREMENTS OF AWPA STANDARD Cl, C3 AND C18. MINIMUM RETENTION SHALL BE AS L �.� SMOOTH FINISHED AREA INDICATED BELOW: c W t4) 12' LG- PILESV c - ,p MATERIAL SIZE RETENTIONLli E6) 14" Lt�� PILES - z L ' — — (D s O ro x 30' mS CCA EXISTING ° > co 0+00 1+00 BOTTOM TIMBER PILES 1!D"' +q6 CROSS BRACING 2 x 8 2®5 CCA 06 INDIANGLA DOUBLE PILE CAPS 2 x 12 2.5 CCA SECTION I E JOIST ON CRAB BRIDGE 3 x 12 2.5 CCA, 0 WHALER ON BULKHEAD 4 x 8 2.5 CCA x, CD rI' VICINITY PIER WALKWAY JOISTS 2 x 1t7J�6 CCA w L ALAMBEACOUWALKWAY ON PIERS 2 x 6 0.6 CCA w ,o SCALE 1 " = 600tD ` HOR I ZONTAL SCALE e 1 " = 20' -Q" HANDRAIL POST 4 x 4 0. 6 CCA ? L tVERTICAL SCALE: 1" ® 4J_0" WALKWAY AT BULKHEAD 3 x 8 0®6 CCA w Ln c � NOT SPECIFIED ABOVE ALL 0.6 CCA ,ON BOLT 2"x 10" JOIST TO 316 STAINLESS ANGLES f2 - 1/2" 4m ALL PILINGS REQUIRED FOR THE CONSTRUCTION OF THE PIERS SHALL BE CLASS A DIA x 3" LG 316 STAINLESS BOLTS. NUTS WASHERS PILINGS OF THE LENGTH INDICATED ON THE DRAWINGS AND SHALL BE IN ACCORDANCE 2" x 12" ROUGH SPLIT PILE CAP WITH A.S.A. SPECIFICATIONS D25-4T AND ASTM D-25. DISK STAMPED dd L-- _� " " 7 5s ALL HARDWARE INCLUDING BUT NOT LIMITED TO BOLTS. NUTS, WASHERS, DECK SCREWS4 MAGNOLIA BCH 2 x 10 x 2 N= 758230- 19 LG. BRACE 5 ANGLES OR OTHER REQUIRED SHALL BE 316 STAINLESS STEEL UNLESS NOTED OTHERWISE E= 279.21 21 __ ELa= 9@21 El ON THE DRAWING 6m ALL OTHER MATERIALS SHALL BE AS NOTEDI ON THE DRAWINGS OR INCLUDED IN THE LAND SPECIFICATIONS ffi N= 13396267 57 EXISTING BREAKWATER 2" x 6" E= 2758313.65 0 - —� ie'.'I BOLT 2""x10 JOIST AND °- DECKING IEL.= 4 - 6± ATPP �I 1.1 BRACF TO 316 STA I NLFSS `� py , - TRIM 2"xl O"x 27_0dd 2dl da d: Z21"211 x 2 1 dd x 9® la w ar da 2 x 8 PLAN 1 BRACE AS REQUIRED 2 U1 0 x 15"' LG CLIP t TYPO (TYPe) ROUGH JOIST m 5 1 -011 BOAT SupaFendFENDER/BUMPER = - -- 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ACTIVATING THE TEXAS ONE CALL SYSTEM FENDER/DUMPER ON BOTH SIDES 4 i 2) ��, 77 16 DIA LG PRIOR TO PERFORMING ANY EXCAVATION DR DRILLING ACTI'VITYSTATE WIDE NUMBER OF PIER. SEE tox _ .316 800-545-6005 PLAN MEWS O STAINLESS BOLT SNUTS WASHERS 2. CONCRETE FOR USE IN CONSTRUCTION OF LANDINGS SHALL BE GRADE 1 = 4000 PSI AT 28 DAYS. rT FOR LOCATION. l 3® ALL DIMENSIONS RELATING TO REINFORCING STEEL SHALL BE TD THE CENTER OF THE BARS 2" x 12" ROUGH UNLESS NOTED OTHERWISE. PILE CAP a A. REINFORCING BARS SHALL BE SUPPORTED, SPACED AND ACCURATELY SECURED IN PLACE BY BOLSTERS, SPACERS OR CHAIRS IN ACCORDANCE WITH SPECIFICATIONS FOR PLACING CLIP DETAIL 6 2 "xi 0" ROUGH JOIST REINFORCEMENT AND PLACING ACCESSORIES MEETING THE REQUIREMENTS OF THE ACI C1.2 �2)BI" DIA® 16"± LG MANUAL OF STANDARD PRACTICE FOR DETAILING REINFORCED CONCRETE STRUCTURES. vARIESQe4 NGVD29) - - - - - - - - - 316 x STAINLESS BOLTS 5® ALL EXTERIOR CONCRETE SURFACES SHALL RECEIVE A LIGHT BROOM TEXTURED SURFACE FINISH. — NUTS & WASHERS�� 101f DIA C�.. A TIMBER r� PILES ............................. �r JOSEPH A. JANDA ..........................:....� �1 �' 4 2 21 . � �OST�6.. # PROJECT ECT NO. 31 -81' 0 9115.023 SCALED AS SHOWN -TYlr--,*"ICALE-3ECT10"'N @ BOAT RAMPS 'Y DOCK JOSEPH A. A DA , P ® E. DWN, BY- CR SCALE: �°�'° 1 CHK9 BY: JJ 7 _0 td TEXAS SERIAL AL NO. 7 rDA TE DATE: 2/03/2016 SHT. NO. C1.0 21st STREET 10 I IN EDGE OF WATER — •- � EXIST. PIER — BEACH INDIANOLA 2 MONUMENT N= 13385361.20 E= 2767197.16 EL.= 5.19 FLAN VILW SCALE: 1 "= 20' 0+00 SECTION VIEW 11 +00 ( 64) 25' LG. PILES LES ON PIER ER AND T-HEAD 2+00 ( 2+10 21st STREET PIER HORIZONTAL SCALE: 1" = 20'-0" VERTICAL SCALE: 1" = 4'-0" 10 rel NOTE: ALL PILES SHALL BE A MINIMUM OF 10 FEET IN GROUND. 'f-- T-HEAD �J `j'— P I ER TO T-HEAD�1 `)�'-T -HE AD -� 10" D I A. PILE 2"x 12" PILE CAP .-2, x 12„ PILE CAP 2"x 10" BRACE- -6 `)�'--PIER TO T-HEAD--,,, SECTION VIEW INDIANOLA FISHING PIER HORIZONTAL SCALE: 1" = 20'-0" VERTICAL SCALE: 1" = 4'-0" 2 "x 8„ RAIL CAP W�.'m 4 "X4 " POST BOLTED TO 2"x10" ROUGH JOIST 2"x 10" JOIST �-T -HE AD -� 2 " x 12"—� PILE CAP `ram T-HEAD �f 2" x 10" x 1' LG. BRACE 2"x 10" BRACE HANDRAIL CORNERS DETAIL SCALE: 3,4' = 1'-0" (PLAN VIEW) 2"x 8" RAIL CAP BOLTED TO 2"x10" ROUGH JOIST END OF T-HEAD .." 3 W w z C) o w o_ C-) ui r cr Q w o z J W CO M (5D W � Q 10 \ N o aaaaa o, LDIT Ln z z�CD z N m 00 U J co N 0 m z w cn E w w U Lu m -4 m z i z = u a Q a E- 0 m v a 3 +0 0 w w 10 to -i F- t U -O N L a) z >- W > +, L O a- M O m O� 06 cr D (n m N N +' U N V x x C:) o D u , � z L 'iui > J 3 ,' cn t co Z W m N 00 - 2 "x 8" RAIL CAP END OF T-HEAD a"X4" POST 3OL TED TO RILE CAP %* JOSEPH A. JANDA �.............................. tt 42921 SQSTERt/�� JOSEPH A. JANDA . P.E. G & W ENGINEERS, INC. TEXAS SERIAL NO. 42921 DATE: Ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 2/03/2016 SHT. NO. C1.1 4' -83.A, 10" DIA. TIMBER PILES wo I 316 STAINLESS - STEEL #10 x 12 31/ " LG. SCREWS 10'-O" 1 ' -1 1 5•a" 1 ' -1 1 54' 11 -1 1 5'e 1 ' -1 1 5"e 1 ' -1 1 5,e 2" x 6" DECKING EL. 5.0' NGVD29 �aI m a la -1 WON �2 "x8 " ROUGH CROSS BRACING BOLT 6"x6" BLOCK BETWEEN CROSS BRACES AND INSTALL 2 SCREWS TO PREVENT BLOCK FROM ROTATING. USE 518' DIA. x 16" LG. 316 SS BOLT. NUT & 4" SO. x "4' THK. WASHER 8' -6" TYPICAL PIER SECTION FOR T—HEAD SCALE: 3�4' = 1-0" RAILBCAP /�I 2 x 4 RAIL ° 2 x 6 RAILS r2" x 4" SUPPORT BLOCK ORIENTATED AS SHOWN FOR 2" x 8" RAIL CAP ON HANDICAP ACCESSIBLE SECTION OF HANDRAIL. q x q SEE DETAIL 3 THIS SHEET. HANDRAIL POST 4 HANDICAP SUPPORT BLOCK NOT TO SCALE Lo I PM NIA T a N I >- 2-5le DIA. x 16" L 316 STAINLESS BOL NUTS & 4" SO. x 1� All NEE��N___ All •• u --mill — � �u ___n � No C c U C) c 1 i •' � •� 1 1 THK. WASHERS VARIES (0.4± NGVD29) N DECK SCREWS EACH SIDE. 2 TYPICAL HANDRAIL ELEVATION SCALE: 3,4' = 1' -0" o x 2"x6" DECKING �-1 i N 51� 2 1�4' TYP. SPACING 1 I.,2' (TYP.) -� 316 STAINLESS STEEL #10 x 12 x 31,*2' LG. SCREWS DECK FASTENING DETAIL SCALE: 1 112' = 1 '-0" 211x8" AT ANGLE Z Xt5 A I ANULt 2"x6„ 2„x4„ 4 "x4 " POST 2 "x6 " OPENING FOR WHEELCHAIR ACCESS or-2 „x6 „ 2„ x 12„ 6 2"x10" ROUGH -- ROUGH PILE CAP JOIST TI DIA. TMBER PILES , 6" x 6"x 14' LG. LIGHT POST 316 STAINLESS STEEL #10 x 12 x 3112' LG. SCREWS INTO 2"x4" HANDRAIL 2'-0" SPACING. (TYP.) 5' -1 1• " 2 +I N TYPICAL HANDICAP HANDRAIL ELEVATION SCALE: 3,4' = 1' -0" LG. 2" x 12" R( PILE CAP I / T `-INSTALL BLOCKING 6" x 6" LIGHT POST AS REQUIRED BETWEEN THE 6" x 6" POST AND THE 2" x 12" PILE CAP MEMBER. 2-5,8' DIA. x 16" LG 316 STAINLESS BOLTS. NUTS & 4" SO. x 114' THK. WASHERS 9 LIGHT POST BLOCKING DETAIL SCALE: 3,4' = 1'-0" (PLAN VIEW) 2 x 4 BOLT 2"x6" AND 2"X4" Q 2 } HANDRAILS TO 4"X4" POSTS � RA1 w/1 - 1�2' DIA. x 6" LG 316 STAINLESS STEEL 2 x 6 CARRIAGE HEAD BOLT. �n v co DECKII NUT. FLAT & LOCK WASHERS — _ 3a � ,. , _ 3� 1 , _ 3� „ N M M 1 9 1 9 a,. 9 a 2" x 6" 8 uo DECKING EL. 5.0' -- NGVD29 _ 2 "x 10' N ROUGH BOLT 4"x4" POST TO 2"x10"----- ROUGH JOISTS w/2 — 112' DIA. r x ESS BOLTS N T 8 LG 316 SAIL. ~ „ O NUTS. FLAT $ LOCK WASHERS 9 1O " [ ' BOLT 2"x 10" JOIST AND -- ti -a ml I ' 2"x10"x 2' LG.BRACE TO `ti �Q. 316 STAINLESS ANGLES '� 2" x 12" 2" x 12" w/2 - 1.,2' DIA. x 41/2" LG ROUGH `� g `V ,Q� ROUGH 316 STAINLESS STEEL �Q5 2_5, „ „ BOLTS. NUTS 8 WASHERS -- DIA. x 16 LG 316 2 ' 2 � 4TASNQLEXSI BOLTS, NUTS NWASHERS ' BOLT 6 x6 BLOCK BETWEEN CROSS N / BRACES AND INSTALL 2 SCREWS TO N PREVENT BLOCK FROM ROTATING. ' 2-5/8' D I A. x 18 "± LG ® USE 5,8' DIA. x 16" LG. 316 SS BOLT. 0 316 STAINLESS BOLTS. NUTS ' NUT & 4 " SO. x 1,4' THK. WASHER ' ' & 4 " SO. x 1,4' THK . WASHERS BOLT 2"x10" JOIST TO 316 + _ VARIES_ (0.4± NGVD29) VARIES (0.4 _ NGVD29 l ' STAINLESS STEEL ANGLES - - - - - - - - - - - - - - - - - w/2 — I,," DIA. x 21., " LG. 316 STAINLESS STEEL BOLTS, 2"x8" ROUGH 2"x8" ROUGH NUTS & WASHERS CROSS BRACING � 2-5,,8' DIA. x 16" LG 316 CROSS BRACING STAINLESS BOLTS, NUTS 8 „ 30L T 316 STAINLESS L21� " x 21� " 10" DIA. 4" $Q. x 1�4' THK. WASHERS 10 DIA. 2 2 TIMBER ' TIMBER 1�8' x 1' PILES PILES -6" LG TO 2" x 10" PILE K ' ZAP w/2 - 1�2' DIA. x 21,2' LG 316 STAINLESS BOLTS. NUTS & WASHERS 2-5 Aa DIA. x 16„ LG 316 STAINLESSIBOLTS. NUTS 8 5 CLIP DETAIL SCALE: 1112' 5' 2 BOLT 2"x6" HANDRAILS TO 4"X4" POSTS w/l - 1�2' DIA. x 6" LG 316 1 STAINLESS STEEL CARRIAGE HEAD BOLT. NUT & WASHER. 5' -6" 93 1,_93,„ 1,_93,„ 8 8 8 2" x 6" 8 DECKING EL. 5.0' -- NGVD29 44 —2 "x10" 2 — 316 STAINLESS STEEL #10 x 12 x 3112' LG. SCREWS TO SECURE 2"x 8" RAIL CAP TO EACH 4 "x4" POST :Q ►n BOLT 2"x10" JOIST AND — BRACE TO 316 STAINLESS _° ANGLES w/2 - 112' DIA. r x 4"2'1 LG 316 STAINLESS ,.7 iv STEEL BOLTS, NUTS, FLAT M & LOCK WASHERS 0 4 SQ. x ,4 THK. WASHERS TYPICAL HANDICAP SECTION WITH HANDRAILS SCALE: 3,4' = 1' —0" TYPICAL PIER SECTION WITH HANDRAILS SCALE: 3,4' = 1 , _O„ x 4 ,NDRA I L IST x 10 ROUGH DIST 2 x 12 ROUGH SPLIT PILE CAP 3—D PIER SCHEMATIC NOT TO SCALE :' �► JOSEPH A. JANDA �. 42921 �cq- 1 JOSEPH A. JANDA, P.E. G & W ENGINEERS. INC. TEXAS SERIAL NO. 42921 DATE: ""7 Y U L- m 3 � w z CD CD LL � L3 U) w M a z J w C-O 92 w Q o aaaaa 22 U z LL (n E wLL '' w z L CD z C w rn c ui a) L N c rn N 06 o: z z z a J 0_ Lu H U Li U Q CD z W > cn cD z cr w w Z LD z w CD Ln N Ln co M 0, U) fo x a) 16 0 to > 10 J L 0 0_ +) CD m J 3 CD m m M N M or N x a) T T m m to N N s _p n co Ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 1/18/2016 SHT. NO. C1.2 � 3 � MAGNOLIA BULKHEAD EXISTING CONDITIONS SCALE: 1" = 30'-0" 6 c1. 10' 10' 314' TYP. 10. II f TYP. f 4 N= 13396492.38 E= 2757830.06 -� (46) TIEBACKS C1.4 NORTH OCEAN DRIVE MAGNOLIA BULKHEAD PLAN VIEW SCALE: 1 " = 20' -0" WWwW N= 13396334.96 E= 2758101.75 108' EXISTING BREAKWATER 10' 12 + TYP• R BENCHMARK #1 N= 13396225.19 E= 2758230.21 EL.= 9.21 N= 13396294.89 U B M 1 E= 2758202.04 1 JOSEPH A. JANDA ............................. A. 42921 JOSEPH A. JANDA, P.E. G & W ENGINEERS . INC. TEXAS SER AL N 4292 DA TE : p 3 W G= z O � _ 2 O L.L. � 0= � Lr) W O Q Z J W 0 0_ CD \ M � \ N I W H Q O aaaaa LLJ cr CD Z N Ln Z In CD Q m J M 00 O_ C U N d Z t W cr LL m Uj D E U ^ Lid v LL W (n d- W r— 1 op Z = a U F— N L U10 ¢ a� Z a a) W to F. c ::n w CD Z i U � N > O 10 L W a- m N +' Q� m Q1 06 U(D N O-Y O10 0 � U O Z N +3 > (n W J 3 � Wm� ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 2/03/2016 SHT. NO. C1.3 L AND — EXIST. C01 PAD TO BE NEW HANDICAP — ACCESS LANDING EL. 4.25' LAND EXTEND BRIDGES WITH�10"vDIA. PLAN VIEW APPROX. 10' PILES 12' LG. SCALE: 1"= 20' 10 ........ .... .. .. NEW HANDICAP ACCESS LANDING EL. 4.25' _ EXIST. CRABBING BRIDGE EL. 4.25± 20 ....... .. ........ �.1 .. NEW CRABBING BRIDGE EL- +4.25 NGVD 29 EXIST. 0 4 BRIDGE -- EXIST. CONCRETE EXIST. --_ PAD TO BE REMOVED BOTTOM 3" CLR.TYP. 0 0 I Q a. 1 � #4 BARS @ 12„ 10 'p SECTION VIEW MAGNOLIA BEACH CRABBING BRIDGE HORIZONTAL SCALE: 1" = 20'-0" VERTICAL SCALE: 1" = 4'-0" 5' -6" 1 ' -6 " #4 BARS "-#4 BARS (TYP) @ 12" EA. WAY SECTION 8"LG x 51e DIA. 316 STAINLESS STEEL BOLTS EMBEDDED IN CONCRETE A MINIMUM OF 6". -(6) #4 BARS (TYP) 0 PLAN CONCRETE LANDING PLAN SCALE: 3,4' = 1'-0" (HANDICAP PAD) 4 "x4 „ POST -2 "x6" DECKING \-2"x10" ROUGH JOIST 2112x 4 " x x 8" LG CLIP ( TYP. ) 4 "x4 " POST 2'"2' x 4 " x '14' x8"LGCLIP (TYP.) 3,4' DIA. x 18" LG. 316 SS BOLTS. NUT, FLAT AND LOCK WASI 10 C 1,4' x 1 1 " x 24" LG. 316 STAINLESS STEEL SPLICE PLATE. EXISTIN( PILES 3" x 12" ROUGH JOIST Ljw"EL q tea" LG. 316 STAINLESS STESPLICE PLATE TO 3" x 12" JOIST w/2 - 5,,8' DIA. x 41�2' LG 316 STAINLESS STEEL BOLTS. NUTS & WASHERS PLAN VIEW 5' N 0 N N NT -4 2" x 10" ROUGH - SPLIT PILE CAP. (LENGTH VARIES) SHOREGUARD — SG 425 VINYL SHEETING 2"x 8" DECKING lilt 2" — I - 2" FLIP OUT VIEW co I,4, ��3"X12" ROUGH JOIST 3„ 3�4' DIA. x 18" LG. Lq 316 NUTSTAINLESS B• S. FLATANDLLOCK INSTALL SHIMS TO SUPPORT I WASHERS EXISTING PVC PIPE EXISTING �j PILES 2' —10"± SECTION CRABBING BRIDGE SECTION SCALE: 3�4' = 1'-0" JET FILTER. HA ABS 2.5" OR EQUAL. EVENLY SPACED AT 10' INTERVALS. LANDWARD SIDE JET FILTER. HA ABS 2.5" OR EQUAL. EVENLY SPACED AT 10' INTERVALS. SHOREGUARD SG 425 VINYL SHEET PILING OR EQUAL. WEEPHOLE DRAIN DETAIL SCALE: 3" = 1'-0" Ulr UALVANILL At ILK 1-AbK1t.A1 1UN ti O P TIEBACK END PIECE P 3 SCALE: 3" = 1'-0" ROD COUPLING ! SHOREGUARD SG 425 VINYL SHEET PILING OR APPROVED EQUAL. (TYP.) 318" DIA. x 3" LG. 316 STAINLESS �,�. ,r Il_G -` LAG SCREWS @ 10 SPACING BOLT 2"x4" TO SHEET PILE WITH 112' DIA. x 2'12" LG. 316 STAINLESS STEEL BOLTS. NUTS & WASHERS ( TYP. ) APPROXIMATE LINE OF EXISTING GROUND PLAN 10' -0" 3' -0" 2" x 12" ROUGH 2" x 4" 10 DIA. x 10 PILE @ 10' SPACING ROD = WILLIAMS FORM GRADE 75 COUPLING 314' D I A GALV. ROD OR EQUAL. (TYP.) 1 ' -6 " GENERAL NOTES: 1. CONTRACTOR TO REMOVE THE EXISTING DETIORATED SECTION OF CONCRETE WALKWAY AND DELIVER THE CONCRETE TO A LOCATION WITHIN ONE MILE OF THIS SITE AS DIRECTED BY OWNER. 2. CONTRACTOR TO REMOVE AND DISPOSE OF SECTIONS OF DETIORATED TIMBER BULKHEAD. 3. CONTRACTOR TO REMOVE ONLY AS MUCH EXISTING BULKHEAD AS NEW BULKHEAD CAN BE INSTALLED THAT DAY. 4. CONTRACTOR TO FURNISH FILL MATERIALS IN ADDITION TO GRANULAR FILL. OF ..'�p'�E • • .....TF,rq t JOSEPH A. JAND A 42921 1. ,r•,• • . ,STf,$ ..� •r JOSEPH A. JANDA, P.E. G & W ENGINEERS, INC. TEXAS SERIAL NO. 42921 DATE: SHOREGUARD 8" SG 425 VINYL SHEET PILING OR EQUAL. man 111201 4"x8" ROUGH WHALER -316 STAINLESS STEEL #10 x 12 x 31/2' LG. SCREWS @ 2'-0" SPACING L. +4.5 NGVD 29 4"X8" ROUGH WHALER —ELEV. 1.25 5 WEEPHOLES -- ELEV. 0.4 WATER LEVEL\-� ELEV. —0.5 APPROX. MUD LINE SCALE: 3,4' = 1' -0" 3 W z � W � O cf) � w >_ o Q z J W o_ w c7 ~ m o N 00 �0 U z E w W W °�' z_ L C3 z C W & C W a) L a) m06 N V x CD z z z Q J 0- w F- U w U m Q (o z r W > cr z U) z w W z cD z w N Ln cn M 0, tN x a) to 0 to > �o J 0 a- ul 10 CD a) J 3 Ln m N m M N M o- q- d- (n to x a) H U T to co (s co N a) Lo L m co ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 2/03/2016 SHT. NO. CIA At 0 a 'j 0' I AN FISHING PIERS, COURTESY DOCKS AND BULKHEAD Calhoun Coun Commissioners Court ROGER C. GALVAN VERN LYSSY NEIL E. FRITSCH KENNETH FINSTER MIKE PFEIFER PRECINCT # 1 PRECINCT # 2 PRECINCT #3 PRECINCT #4 COUNTYJUDGE FOR CALHOUN COUNTY MARCH 2O16 J POINT \� LAVACA COMFORT BAY ALCOA\ 1593 5 \ \ \ \3084 COX \ 238 BAY \ PORT LAVACA \ LAVACA BAY COURTESY DOCK logo / AT ALAMO BEACH BOAT RAMP 238/ \ � 2433 \ _ D COURTESY DOCK AT MAGNOLIA BEACH ALAMO BOAT RAMP BEACH CRABBING 2717 BRIDGE MAGNOLIA 2760 \ BEACH 2717 / \ 27so 238 ' \ INDIANOLA ('T' VICINITY MAP �-oSCALE: 1 " = 6000' LAVACA BAY • 218f STREET FISHING PIER KELLER I BAY MATAGORDA BAY - INDIANOLA FISHING PIER INDEX OF DRAWINGS C1.0 VICINITY MAP, PLANS, SECTIONS AND DETAILS C1.1 FISHING PIER PLANS, SECTIONS AND DETAILS C1.2 FISHING PIER DETAILS AND SECTIONS C1.3 BULKHEAD PLAN VIEW :-H 00 s 11 0 JOSEPH A. JANDA 42921 11�FoC� •� S�'R�� JOSEPH A. JANDA. P. E. G & W ENGINEERS. INC. TEXAS SERIAL NO. 42921 DATE: FILENAME: COVER-9115023.DGN JOB NUMBER: 9115.023 CONTRACT DOCUMENTS FOR STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD x0l CALHOUN COUNTY MARCH 2O16 G&VV ENGINEERS, INC. 205 W. Live Oak • Port Lavaca, TX 77979 • 361-552-4509 SET NO. CONTRACT DOCUMENTS STORM DAMAGE REPAIRS FOR FISHIING PIERS, COURTESY DOCKS AND BULKHEAD FOR CALHOUN COUNTY MARCH 2O16 Prepared by: G & W ENGINEERS, INC. 205 WEST LIVE OAK PORT LAVACA, TEXAS 77979 (361) 552-4509 Approved By: Joseph A. Janda, P.E. G & W Engineers, Inc. Texas Serial o. 2921 Texas Registered Engineering Firm F-04188 Date: Project No. 9115.023 TABLE OF CONTENTS BIDDING REQUIREMENTS: 00020 Notice to Bidders 00120 Instructions to Bidders 00220 Geotechnical Data (Soil Report) CONTRACT FORMS: 00300 Proposal 00410 Bid Bond 00412 Certificate of Interested Parties (Form 1295) 00415 Contractor's Corporate Resolution 00416 Noncollusion Affidavit 00420 Bidder Qualification Statement 00500 Agreement Between Owner and Contractor 00610 Construction Performance Bond 00620 Construction Payment Bond CONDITIONS OF THE CONTRACT: 00700 General Conditions of the Construction Contract 00705 General Conditions of Submitting Sealed Bids to Calhoun County, Texas 00810 Supplementary Conditions 00820 Bond and Insurance Requirements 00821 Equal Employment Opportunity 00822 Non -Segregated Facilities Requirements 00823 Statutory Requirements 00830 Prevailing Wage Rate TECHNICAL SPECIFICATIONS: DIVISION 1 - GENERAL REQUIREMENTS: 01025 Application for Payment Requirements 01340 Shop Drawings, Product Data, and Samples 01410 Inspection, Testing, and Guarantee 01500 Temporary Facilities 01700 Contract Closeout Requirements DIVISION 2 - SITE WORK: 02050 Demolition 02300 Pile Driving DIVISION 3 - CONCRETE: 03300 Cast -In -Place Concrete DIVISION 6 - WOOD AND PLASTICS: 06100 Carpentry END OF TABLE Page I of I Job No. 9115.023 DOCUMENT NO.00020 ROMNADMEMM Notice is hereby given that the Commissioners' Court of Calhoun County, Texas will receive Bids for: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD A MANDATORY PRE -BID MEETING shall be held at 10:00 am, Tuesday, June 14, 2016 at the site on 200 N. Ocean Drive (Magnolia Beach - approximate location of bulkhead), Port Lavaca, Texas. Attendance at this meeting by all prospective bidders is required and is a prerequisite to providing a bonafide bid. SEALED BIDS are due on or before 10:00 am, Thursday, June 30, 2016 at the County Judge's office, 211 S. Ann Street, Third Floor, Ste. 301, Port Lavaca, Texas 77979. At that time, all bids will be publicly opened and read aloud. The bids will be considered for award on Thursday, July 14, 2016 during Commissioners' Court. All bids must be delivered in triplicate to the Office of the Calhoun County Judge in a sealed envelope and clearly marked: Sealed Bid — STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD. Calhoun County does not accept faxed bids. Any bids received after the due date and time will be returned unopened. Sealed bids may be hand delivered or mailed to: Honorable Michael J. Pfeifer, County Judge Calhoun County Courthouse 211 S. Ann St. Third Floor, Suite 301 Port Lavaca, TX 77979 Bids shall be for the furnishing of all labor, materials, equipment, plant and superintendence, for performing the specified Work required for rebuilding of the Alamo Beach and Magnolia Beach Courtesy Docks, the 2 1 " Street and Indianola Beach Fishing Piers and Magnolia Beach Crabbing Bridge all in accordance with the Plans and Specifications. Specified Work is set out in Document No. 00300 of these Contract Documents. Bid documents may be examined at... 1. Calhoun County Auditor's Office, Courthouse Annex II, 202 S. Ann St., Ste B, Port Lavaca, TX 77979; 2. G & W Engineers, Inc. Office, 205 W. Live Oak St., Port Lavaca, Texas; OR said Package(s) may be purchased for $100.00 per Package from G & W Engineers, Inc., 205 W. Live Oak St., Port Lavaca, TX 77979. For those desiring shipment of the Package(s), a $30.00 SHIPPING AND HANDLING FEE per Package shall be required prior to shipping. Said FEE shall be in addition to and separate from the above mentioned purchase price. 00020 - 1 Commissioners' Court reserves the right to waive all 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 bids will be most advantageous to Calhoun County. Calhoun County is an Equal Employment Opportunity 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. CINDY MUELLER COUNTY AUDITOR CALHOUN COUNTY, TEXAS END OF DOCUMENT 00020 - 2 DOCUMENT NO.00120 INSTRUCTIONS TO BIDDERS .01 DEFINED TERMS: Terms used in these Instructions to Bidders, which are defined in the General Conditions of these Specifications, have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. a. OWNER Whenever the term "OWNER" is used in these Specifications, it shall be construed to mean CALHOUN COUNTY. b. ENGINEER Whenever the term "ENGINEER" is used in these Specifications, it shall be construed to mean G & W ENGINEERS, INC. C. BIDDER Whenever the term "BIDDER" is used in these Specifications, it shall mean anyone who submits a BID directly to OWNER as distinct from a sub -bidder, who submits a BID to a BIDDER. d. Successful BIDDER Whenever the term "Successful BIDDER" is used in these Specifications, it shall be construed to mean the lowest, responsible and responsive BIDDER to whom OWNER (on the basis of OWNER"s evaluation as hereinafter provided) makes an award. e. WORK Whenever the term "Work" is used in these Specifications, it shall be construed to mean the Item(s) set out in Document No. 00300 of these Contract Documents. .02 COPIES OF BIDDING DOCUMENTS: a. Complete sets of the Bidding Documents in the number and for the purchase price, if any, stated in the Advertisement or Invitation to Bid may be obtained from ENGINEER only. b. Complete sets of Bidding Documents must be used in preparing Bids. Neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 00120-1 C. ENGINEER, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining BIDS for the Work and does not confer a license or grant for any other use. .03 QUALIFICATIONS OF BIDDERS: To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within five days after Bid Opening, upon OWNER's request, detailed written evidence such as financial data, previous experience, present commitments and other such data as may be called for below. Each BID must contain evidence of BIDDER's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. .04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE: a. It is the responsibility of each BIDDER before submitting a BID to do the following. 1. Examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below). 2. Visit the site to become familiar with and satisfy BIDDER as to the General, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 3. Consider federal, state and local haws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4. Study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data. 5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which BIDDER has discovered in or between the Contract Documents and such other related documents. If discrepancies and/or inconsistencies exist between the Specifications and the Drawings, the Specifications shall govern unless otherwise noted on the Drawings. b. Refer to the Supplementary Conditions for identification of the following. 1. Reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 11111 1 ►. 2. Drawings of physical conditions in or relating to existing surface and subsurface structures (except underground facilities) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by OWNER to 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 rely as provided in Paragraph 4.02.A of the General Conditions has been identified and established in the Supplementary Conditions. BIDDER is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. C. Information and data shown or indicated in the Contract 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 or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. d. 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 Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the General Conditions. e. Before submitting a BID each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its BID for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. f. On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a BID. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 00120-3 g. Reference is made to the Supplementary Conditions for the identification of the general nature of 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 work. h. 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 Contract Documents and applying the specific means, methods, techniques, sequences or procedure of construction that may be shown or indicated or expressly required by the Contract Documents, that BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies that BIDDER has discovered in the Contract Documents and the written resolutions thereof by ENGINEER is acceptable to BIDDER, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. .05 AVAILABILITY OF LANDS FOR WORK, ETC.: The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of material and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. .06 INTERPRETATIONS AND ADDENDA: a. All questions about the meaning or intent of the Bidding Documents are to be submitted to the ENGINEER IN WRITING and must be received in the office of the ENGINEER no later than 5:00 pm on June 16, 2016. Such questions may be submitted by facsimile (361-552-4987) or email Oweaver@gwengineers.com). It is the Bidder's responsibility to verify receipt of such questions by the ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or otherwise delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Only questions answered by formal written Addenda, approved by OWNER by action of the Calhoun County Commissioner's Court will be binding. Oral and other interpretations or clarifications will be without legal effect. b. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. C. Changes to these Bid Documents can be made ONLY through issuance of a formal written Addenda, approved by OWNER by action of the Calhoun County Commissioner's Court. 00120-4 d. Any oral and other interpretations or clarifications provided by ENGINEER or OWNER at the pre -bid meeting will be without legal effect until approved by Calhoun County Commissioners' Court in the form of a formal written Addenda. .07 BID SECURITY: a. Each BID must be accompanied by Bid Security made payable to OWNER in an amount of five percent of BIDDER's maximum Bid Price and in the form of a certified check or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 5.01.8 of the General Conditions. Power -of -Attorney for person signing for surety must be attached to Bid Bond. b. The Bid Security of Successful BIDDER will be retained until such BIDDER has executed the Agreement, 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 Agreement and furnish the required contract security within fifteen 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 the seventh day after the Effective Date of the Agreement or the sixtieth day after the Bid Opening, whereupon Bid Security furnished by such BIDDERS will be returned. Bid Security with BIDS which are not competitive may be returned within seven days after the Bid Opening. .08 CONTRACT TIMES: The term "Contract Times" is defined in Paragraph 1.01.A.14 of the General Conditions. The number of days within which, or the dates by which, the Work is to be completed and ready for final payment are set forth in the Agreement (or incorporated therein by reference to the attached Proposal). .09 LIQUIDATED DAMAGES: Provisions for liquidated damages, if any, are set forth in the Agreement. .10 SUBSTITUTE AND "OR -EQUAL" ITEMS: The Contract, if awarded, will be on the basis of materials and equipment described in the Contract Drawings or specified in these Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Contract Drawings or specified in these Specifications 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 Paragraphs 6.05 of the General Conditions and may be supplemented in the General Requirements. 00120-5 .11 SUBCONTRACTORS, SUPPLIERS AND OTHERS: a. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of specified date prior to the Effective Date of the Agreement, 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 and other persons and organizations 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, person or organization if requested by OWNER. OWNER or ENGINEER, who after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid Price. 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 and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any BIDDER. Any Subcontractor, Supplier, other person or organization listed and to whom OWNER or ENGINEER does not make 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. b. In contracts where the Contract Price is on the basis of Cost -of -the -Work Plus a Fee, apparent successful BIDDER, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such BIDDER proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER's written consent. C. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection. .12 BID FORM: a. The Bid Form (aka. Proposal) is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. 00120-6 .13 b. All blanks on the Bid Form must be completed by printing in ink or by typewriter. C. BIDS by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. Authorization of this person to sign for corporation shall be evidenced by a properly executed CONTRACTOR's Corporate Resolution, the form of which is included in the Bidding Documents. The corporate address and state of incorporation must be shown below the signature. d. BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. e. All names must be typed or printed in black ink below the signature. f. The BID shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). g. The address and telephone number for communications regarding the BID must be shown. h. Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph .12 c. above. State contractor license number, if any, must also be shown. SUBMISSION OF BIDS: a. All bids must be delivered to the Office of the Calhoun County Judge in a sealed 9 x 12 or larger envelope and clearly marked: Sealed Bid — STORM DAMAGE REPAIRS FOR FISHING PIER, COURTESY DOCKS AND BULKHEAD FOR CALHOUN COUNTY, with the name and address of BIDDER, and accompanied by the Bid Security and other required documents. b. If the BID is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. A late delivery with an early postmark will not suffice. c. The County is not 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 bid date and time. d. The clock in the County Judge's office is the official clock that will be used in determining the time that a bid is received and the time that bids will be opened. e. Calhoun County accepts no financial responsibility for any cost incurred by any vendor in the course of responding to these specifications. f. Faxed or e-mailed bids will NOT be accepted. g. The Bidding Documents may be retained by BIDDER. An unbound copy of the Bid Form is to be completed and submitted with the Bid Security and any additional data that may be called for elsewhere in these Bidding Documents. 00120-7 .14 MODIFICATION AND WITHDRAWAL OF BIDS: a. BIDS may be modified or withdrawn by an appropriate document duly executed (in the manner that a BID must be executed) and addressed and delivered to the County Judge prior to the Bid Opening. b. If, within twenty-four hours after BIDS are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrated 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, that BIDDER may be disqualified from further bidding on the Work to be provided under the Contract Documents. .15 OPENING OF BIDS: BIDS will be opened and (unless obviously non -responsive) read aloud publicly at the place where BIDS are to be submitted. 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. .16 BIDS TO REMAIN SUBJECT TO ACCEPTANCE: All BIDS will remain subject to acceptance for sixty days after the day of the Bid Opening, but OWNER may, in its sole discretion, release any BID and return the Bid Security prior to that date. .17 AWARD OF CONTRACT: a. OWNER reserves the right to reject any or all BIDS, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional BIDS and to 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, whether because the BID is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work, waive technicalities, and to negotiate contract terms with the Successful BIDDER. b. The Calhoun County Commissioners Court shall be the sole judge in determining which bid will be the most advantageous to Calhoun County. 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. Discrepancies between words and figures will be resolved in favor of the words. d. In evaluating BIDS, OWNER will consider the qualifications of BIDDERS, 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. 00120-8 .18 .19 .20 e. OWNER may consider the qualifications and experience of subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is require to be submitted prior to the Notice of Award. f. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any BID and to establish the responsibility, qualifications and financial ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. g. If the contract is to be awarded, it will be awarded to lowest BIDDER whose evaluation by OWNER indicated to OWNER that the award will be in the best interests of the Project. h. If the contract is to be awarded, OWNER will give Successful BIDDER a Notice of Award within sixty days after the day of the Bid Opening. CONTRACT SECURITY: Paragraph 5.01 of the General Conditions an OWNER's requirements as to performance, Successful BIDDER delivers the executed accompanied by the required Bonds. SIGNING OF AGREEMENT: d the Supplementary Conditions set forth payment and other Bonds. When the Agreement to OWNER, it must be When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Contract Drawings with appropriate identification. WAGES AND SALARIES: CONTRACTOR shall pay not less than the prevailing wage rates if specified in the Contract Documents. These rates are minimums to be paid during the life of the Contract. It is therefore the responsibility of the BIDDER to inform themselves as to local labor conditions. 00120-9 .21 00705 - GENERAL CONDITIONS OF SUBMITTING SEALED BIDS TO CALHOUN COUNTY, TEXAS: Reference Document No. 00705 .22 EQUAL EMPLOYMENT OPPORTUNITY: CONTRACTOR shall ensure that no discrimination will occur against employees and applicants for employment because of their ethnic background, gender, age, religious practice, familial status, disability, or limited English language proficiency. .23 CERTIFICATE OF INTERESTED PARTIES (FORM 1295): All Bidders are required to submit a1295 Form at Bid Opening with their Proposal. No Proposal will be considered unless accompanied by an online generated form. The form must be notarized and signed by an authorized agent of the business entity and submitted with your bid, proposal and/or contract. (Reference Document 00412 and Page 0705-5 of the Calhoun County General Conditions). END OF DOCUMENT 00120-10 DOCUMENT NO.00220 GEOTECHNICAL DATA (SOIL REPORT) .01 GENERAL. - This document shall be considered as a reference to these Specifications. Reference shall be made to this document for the determination of any required safety measures in all areas of excavation greater than five (5) feet in depth. Whenever the terms "Soil Test", "Soil Borings", "Soils Report", etc. is used in these Specifications, it shall be construed to mean this document. The preparer of this document cannot accept any responsibility for any conditions that deviate from those described in this document, nor for the performance of any structures if the preparer's construction observation services and testing services are not utilized during the course of the Work. BIDDERS are urged to examine the soils investigation data and to make their own investigation of the site before bidding. .02 OBJECTIVE: The objective of this document is to present enough information pertaining to the soil and groundwater conditions in the area of the Work to enable CONTRACTOR to design cost effective foundation systems and trenching methods. Subsurface exploration, field and laboratory testing, and an engineering analysis and evaluation of the foundation materials were included in scope of this document. The scope did not include an environmental assessment for the presence or absence on, below, or around the area of the Work of wetlands or hazardous/toxic material in the soil, surface water, ground water, or air. .03 INTERPRETATION: Soil investigation data is provided only for the information and convenience of the BIDDERS. OWNER and ENGINEER disclaim any responsibility for the accuracy, true location and extent of the soil investigation that has been prepared by others. They further disclaim responsibility for interpretation of that data by BIDDERS, as in project soil -bearing values, soil stability and the presence, level and extent of underground water, etc. .04 SOIL REPORT: See the following pages for the above mentioned soil report. 00220-1 T.S.I. LABORATORIES, INC. TBPE FIRM REGISTRATION NO: F-9236 TRINITY SOILS INVESTIGATION 1810 SOUTH LAURENT VICTORIA, TEXAS 77901 March 9, 2016 _. Mr. Joe Janda G&W Engineers, Ines_ 205 W. Live Oak Port Lavaca, TX 77979 Subject: -Magnolia Beach Bulkhead Port Lavaca, TX Calhoun County TSI File No.: G-5892-16 Dear Mr. Janda, FA 5�TS1 EKramE TESTING Telephone 361-578-6933 Fax 361-578-2601 Email: tsilabvictoria@gmail.com T.S.I. Laboratories, Inc. drilled three (3) 20 foot depth borings on 2/12/16 for the proposed replacement of timber piles for fishing piers, boat docks and bulkhead at Magnolia Beach in Port Lavaca, TX. We are pleased to submit our geotechnical exploration findings and laboratory results for the proposed Magnolia Beach Bulkhead projects. Per request, please see the Allowable Unit Skin Friction. Resistances and End Bearing Pressures presented below along with the enclosed boring location maps and logs. ALLOWABLE UNIT SKIN FRICTION RESISTANCES AND END BEARING PRESSURES Penetration Allowable Unit Allowable End Depth Below Frictional Skin Friction Bearing Existing Angle Resistance (psf) Pressure (psf) Ka Kp Grade (ft) (deg) (F.S. = 2) (F.S. = 3) Boring 91 4-8 32 300 200 3.0 0.33 9-20 36 450 4400 3.8 0.27 Boring #2 4-20 35 400 400 3.8 0.27 Boring #3 4-20 35 400 400 3.8 0.27 We appreciate the opportunity to assist in this phase of the project. 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"'�' air.. l,A�_ .c ■ _r £ i -, s z . �_'"• ` * r"v t�..- r - ;.$ -;..-. a `" - � i. .!.'�a� �t��4 � t�� 2 e} -z�si �' 6'S ja9k !F_i K.. >„ c�zi _^• _... _ .-�"5'^µ!.. �. � �.'' :..;. :,sr !■ ..as=a^ s :`:r.Y.:_ 4•`d Aso_ � "� an. �• Log of Boring PROJECT: Magnolia Beach Bulkhead BORING NO.: B-1 Port Lavaca, TX LAB NO.: T-64109 DATE: 2-12-16 CLIENT: G&W Engineers, inc. SURFACE ELEV.: N/A FIELD DATA LABORATORY DATA DRILLING METHODS): Dry Auger 0-20' y> Atterberg Limits % GROUNDWATER INFORMATION: i m LL o >- g N Encountered of 4' x W W �S�W° N Z Z L 1 J = J } D= Z _ �o L 1 J QC J J � => J DESCRIPTION OF STRATUM d o Cn J O) MZO�o z �- n. � � ZE o C. -j N a N a 2 Fn �� ° Cl) 'r.�. r: SAND WITH SILTY CLAY & SHELL - gray (SP-SC) 6 25 18 7 9 CLAYEY SAND - with Shell, gray (SC) P=1.0 4 P=0.1 27 49 19 30 36 CLAYEY SILTY SAND - reddish brown (SC-SM) P=0.7 22 109 22 16 6 14 0.4 5.9 8 _ - - - _gray (SGSM) N=56 24 24 17 _7 42 wet 12VXX SILTY SAND - brown (SM) N=62 wet 16 LEAN CLAY - Sandy, brown (CL) wet 20 Boring Terminated at 20' 24 28 FM Steel Tube Sample REMARKS: Ts Split Spoon Sample 11 Disturbed Sample Laboratories, Inc. PROJECT: Magnolia Beach Bulkhead BORING NO.: B-2 Port Lavaca, TX LAB NO.: T-64109 DATE: 2-12-16 CLIENT: G&W Engineers, Inc. SURFACE ELEV.: N/A FIELD DATA LABORATORY DATA DRILLING METHODS): Dry Auger 0-20' CD Atterberg Limits % GROUNDWATER INFORMATION: m LL o > Encountered at V W W w w } O �gQ)wi- w Z t_ U)co wV, - 6 E N o CD c~n a C) zjr -UZpw m Z o �' o " y " •y �w ° w TC Do DESCRIPTION OF STRATUM o � - Cn z � CL � � 2 = o °a Cr ii ii Z W FT �' °° ccn J SAND WITH SILTY CLAY & SHELL - gray (SP-SC) y N=50 / r:r�. rr:x 4 N=52 v:r:x N=62 N=63 12 N=51 1 25 1 118 18 0 1 13 1 16 Im 1 24 28 SILTY SAND - with Shell, gray (SM) Boring Terminated at 20' ® Steel Tube Sample REMARKS: TS ® Split Spoon Sample 11 Disturbed Sample Laboratories, Inc. Loc j of Borin PROJECT: Magnolia Beach Bulkhead BORING NO.: B-3 Port Lavaca, TX LAB NO.: T-64109 DATE: 2-12-16 CLIENT: G&W Engineers, Inc. SURFACE ELEV.: N/A FIELD DATA LABORATORY DATA DRILLING METHOD(S) : DryAuger 0-20' Cn Atterberg Limits % GROUNDWATER INFORMATION: m U- o , g > N z < Encountered at 1.5' X IJ.1 W F Q U) r. U) w O U W of fn zcrJ m C N Z, (n = U) _ w = J Y pSZ�� JUC)LIJ D\ ws M a ..a U Z' n �tll w� 0 Z �o DESCRIPTION OF STRATUM a o < - m?r-a� z a > ? o n ii n� zW u) 2� ov � < 0 SAND - with Shell, gray (SP) ...... * N=42 12 16 16 0 3 4 SAND WITH SILT & SHELL - gray (SP-SM) _x 1.1 j ;l•i; N=27 wet rti}a: 1 •I:J:41: N=28 28 22 22 0 9 8 L'C19:: r pit.,:: 1 •M+:F 1� L•C 1•I 1: i ri=1-r= N=22 L• [ J'1 t: t•TS:rJ: 12 LEAN CLAY - Sandy with some Shell, gray (CL) N=32 wet 16 24 32 16 16 64 20 Boring Terminated at 20' 24 28 ® Steel Tube Sample REMARKS: TS ® Split Spoon Sample ' Disturbed Sample Laboratories, Inc. s Syiabol Description Strata s ols Poorly graded sand with clay Clayey sand Poorly graded clayey silty sand Silty sand Low plasticity clay Poorly graded sand Poorly graded sand i• With silt Soil SamDl�er_s (� Ll Disturbed Sample Steel Tube Sample 0 Split Spoon Sample Consistency of Sands & Gravels _ Consistency Penetration Resistance (N)* Blows Per Foot Very Loose 0-4 Loose 4 - 10 Medium Dense 10 - 30- Dense 30 - 50 Very Dense Over 50 Consistency/Strength of Clays & Silty Clays Consistency -_ Undrained Shear Strength, tsf Pocket Penetrometer (p) Very Soft Less than 0.125 0 - 0.5 Soft 0.125 - 0.25 0.5 - 1.0 Firm 0.25 - 0.50 1.0 - 1.75 Stiff 0.50 - 1.0 1.75 - 3.5 Very Stiff 1.0 - 2.0 3.5 - 4.5 Hard Over 2.0 Over 4.5 *N=Number of Blows from 140 lb. hammer falling 30"to drive a 1-3/8" Id. split barrel sample (ASTM D-1586) Soil Grain Analysis US Standard Sieves 3" 3/d" 44 410 440 9200 Boulders Cobbles Gravel Sand Silt Clay Coarse T Fine Coarse I Medium Fine 152 76.2 19.1 4.76 2.0 0.420 0.074 0.002 Ftrr c! ass gf icuflu-r cf f i -rgint-d o i hi. Equat an :ot A - I i Hiorir...mf Qi a PI.- d to Uw M.5. tw— PI= 031 IL-20) Eq�rc tion 0 11 I it e 11 V tt ca l at LL = [6 to PI= fin EMI = G. 9 ILL-,B) 75 "9: L IQ>4 I-0 OMIT ILLJ '_� -■ ■■ i FIELD AND LABORATORY TESTING PROCEDURES (TEST PROCEDURES ARE PRESENTED FOR INFORMATIONAL PURPOSES) FIELD TESTING A. Boring Procedure Between Samples The borehole is extended downward, between samples, by continuous flight, hollow or solid stem augers or by rotary drilling techniques using bentonite drilling fluid or water. B. Penetration Test and Split -Barrel Sampling of Soils ASTM D-1586 This sampling method consists of driving a 2-inch outside diameter split barrel sampler using a 140 pound hammer freely falling through a distance of 30 inches. The sampler is first seated 6 inches into the material to be sampled and then driven an additional 12 inches. The number of blows required to drive the sampler the final 12 inches is known as the Standard Penetration Resistance. Recovered samples are first classified as to color and texture by the driller. Later, in the laboratory, the driller's field classification is reviewed by the soils engineer who examines each sample. C. Thin -Walled Tube Geotechnical Sampling ASTM D-1587 This method consists of pushing thin walled steel tubes, usually 3 inches in diameter, into the soils to be sampled using hydraulic or other means. Cohesive soils are usually to be sampled in this manner and relatively undisturbed samples are recovered. D. Soil Investigation and Sampling by Auger Borings ASTM D-1452 This method consists of augering a hole and removing representative soil samples from the auger flight or bit at 5 foot depth intervals or with each change in substrata. Disturbed sampled are obtained and this method is, therefore, limited to situations where it is satisfactory to determine the approximate subsurface profile. E. Diamond Core Drilling for Site Investigation ASTM D-2113 This method consists of advancing a hole into hard strata by rotating a single or double tube core barrel equipped with a cutting bit. Diamond, tungsten carbide, or other cutting agents may be used for the bit Wash water is used to remove the cuttings and cool the bit. Normally, a 2 inch outside diameter by 1-3/8 inch inside diameter (NX) coring bit is used unless otherwise noted. The rock or hard material recovered within the core barrel is examined in the field and in the laboratory and the cores are stored in partitioned boxes. The core recovery is the length of the material recovered and is expressed as a percentage of the total distance penetrated. F. Visual — Manual Soil Classification Procedure ASTM D-2488 This procedure is a visual — manual soil classification methodology for the description of soil for engineering purposed when precise soils classification is not required. LABORATORY TESTING A. Atterberg Limits: Liquid Limit, Plastic Limit and Plasticity Index of Soils ASTM D-4318, TEX 104-E, 105-E and 106-E Atterberg Limits determine the soil's plasticity characteristics. The soil's Plasticity Index (PI) is representative of this characteristic and is the difference between the Liquid Limit (LL) and the Plastic Limit (PL). The LL is the moisture content at which the soil will flow as a heavy viscous fluid. The PL is the moisture content at which the soil begins to lose its plasticity. The test results are presented on the boring logs adjacent to the appropriate sampling information. B. Particle Size Analysis of Soils ASTM D-422 and TEX 110-E Grain size analysis tests are performed to determine the particle size and distribution of the samples tested. The grain size distribution of the soils coarser than the Standard Number 200 sieve is determined by passing the sampled through a standard set of nested sieves. C. Laboratory Determination of Water (Moisture) Content of Soil and Rock ASTM D-2216 and TEX 103-E The moisture content of soil is defined as the ratio, expressed as a percentage, of the weight of water in a given soil mass to the weight of solid particles. It is determined by measuring the wet and oven dry weights of a soil sample. The test results are presented on the boring logs. D. Unconfined Compressive Strength of Cohesive Soil ASTM D-2166 The unconfined compressive strength of soil is determined by placing a section of an undisturbed sample into a loading frame and applying an axial load until the sample fails in shear. The test results are presented on the boring logs adjacent to the appropriate sampling information. E. California Bearing Ratio (CBR) of Lab Compacted Soils ASTM D-1883 The CBR test is performed by compacting soil in a 6 inch diameter mold at the desired density, soaking the sample for four days under a surcharge load approximating the pavement weight and then testing the soils in punching shear. A 2 inch diameter piston is forced into the soil to determine the resistance to penetration. The CBR is the ratio of the actual load required to produce 0.1 inches of penetration to that producing the same penetration in a standard crushed stone. F. Swell Test ASTM D-4546 The swell test is performed by confining a 1 inch thick specimen in a 2-1/2 inch diameter stainless steel ring and loading the specimen to the approximate overburden pressure. The test specimen is then inundated with distilled water and allowed to swell for 48 hours. The volumetric swell is measured as a percentage of the total volume and is converted mathematically to linear swell. G. Compaction Tests ASTM D-698, D-1557, TEX 113-E or 114-E The compaction test is performed by compacting soil in a steel mold at varying moisture contents. Layers are compacted using a hammer weight and number of blows per layer which vary with the different test procedures. ASTM D-698, D-1557, TEC 113-E and 114-E. The data is plotted and the maximum weight and optimum moisture content is determined. H. Classification of Soils for Engineering Purposes Unified Soil Classification System, D-2487 This standard describes a system for classifying mineral and organo-mineral soils for engineering purposes based on laboratory determination of particle -size characteristics, liquid limit, and plasticity index and shall be used when precise classification is required. DOCUMENT NO.00300 PROPOSAL (Legal Firm Name) , hereinafter called "BIDDER", is submitting this Proposal for Furnishing and Performing the Work specified herein as the STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD. This PROPOSAL is Submitted to CALHOUN COUNTY, hereinafter called "OWNER". 1. Terms used in this PROPOSAL are defined in the General Conditions or Document No. 00120 - Instructions to Bidders and shall have the meanings indicated in the General Conditions or Instructions. 2. BIDDER proposes and agrees, if this BID is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to furnish and perform all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this BID and in accordance with the other terms and conditions of the Contract Documents. 3. 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. This BID will remain subject to acceptance for Sixty (60) Calendar Days after the Bid Opening. BIDDER shall sign and deliver the required number of counterparts of the Agreement, including all required documents indicated by the Bidding Requirements, within Fifteen (15) Calendar Days after the date of OWNER's Notice of Award. 4. In submitting this BID, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date): Addendum No: Date Received: b. BIDDER has visited the site and is familiar and satisfied with the general, local and site conditions that may affect cost, progress, and furnishing and performing the Work. 003 00-1 C. BIDDER is familiar and satisfied with all federal, state and local Laws and Regulations that may affect cost, progress, and furnishing and performing the Work. d. BIDDER is aware of the general nature of work, if any, to be performed by OWNER (or others) at the site in relation to the Work for which this BID is submitted. e. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. f. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing the Work for which this BID is submitted. g. This BID is GENUINE and not made in the interest of or on behalf of any undisclosed person, firm or corporation 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 person, firm or corporation to refrain from bidding. BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. 5. BIDDER agrees to complete the Work in accordance with the Contract Documents. a. BIDDER acknowledges that the amounts are to be shown in both words and figures, and in case of discrepancy, the amount in words shall govern. b. BIDDER acknowledges that the quantities are not guaranteed and final payment will be based on the actual quantities determined as provided in the Contract Documents. C. BIDDER acknowledges that, at OWNER's option and/or at OWNER's request, any of the quantities may be deleted, reduced, or increased based upon the respective Unit Prices. d. BIDDER acknowledges that Unit and Lump Sum Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. e. BIDDER agrees to furnish all necessary labor, superintendence, plant, machinery, equipment, tools, materials, insurance, services and all other requirements deemed necessary to complete the items of Work indicated on the following pages for the specific dollar amounts stated. 00300-2 BASE BID BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE 1. 1 LS Furnishing equipment and labor for the demolition and disposal of the two existing fishing piers and two boat ramp courtesy docks as per plans and specifications for a lump sum price of Dollars and Cents. $ 2. 1 LS Furnishing materials, equipment and labor for the construction of the 21 St. Fishing Pier with Tee Head as per plans and specifications for a lump sum price of Dollars and Cents. $ 3. 1 LS Furnishing materials, equipment and labor for the construction of the Indianola Fishing Pier with Tee Head as per plans and specifications for a lump sum price of Dollars and Cents. $ 4. 1 LS Furnishing materials, equipment and labor for the construction of the Alamo Beach Boat Ramp Courtesy Dock as per plans and specifications for a lump sum price of Dollars and Cents. $ 5. 1 LS Furnishing materials, equipment and labor for the construction of the Magnolia Beach Boat Ramp Courtesy Dock as per plans and specifications for a lump sum price of Dollars and Cents. $ 00300-3 BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE 6. 1 LS Furnishing materials, equipment and labor to remove and construct new north end section (20 feet of concrete and timber ramp), remove existing stringers/deck and install new stringers with existing deck of the Magnolia Beach Crabbing Pier as per plans and specifications for a lump sum price of Dollars and Cents. 7. 1 LS Furnishing materials, equipment and labor to remove the deteriorated sections of concrete walkway and concrete debris from water side of bulkhead (two locations) and move the concrete debris to locations within 2 miles of project site, as per plans and specifications for the lump sum price Dollars and Cents. 8. 1 LS Furnishing materials, equipment and labor to construct new vinyl sheet bulkhead (482 LF) with tie backs as per plans and specifications for the lump sum price of Dollars and Cents. 9. 12 EA Furnishing materials, equipment and labor to install 6" x 6" timbers as light poles per plans and specifications for the unit price of and per each. Dollars Cents $ 00300-4 TOTAL BASE BID AMOUNT, being Items 1 thru 9 above, is: DOLLARS CENTS. $ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ OWNER'S OPTION BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE 0-1. 56 EA Additional cost for driving of the tee head piling on a 2/12 angle in lieu of vertical position as shown on drawings for a unit price of Dollars and Cents per each. $ $ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ADDITIONS/DEDUCTIONS BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS PRICE A. 1 LS For deducting a 10 foot section of Fishing Pier Tee Head as per plans and specifications for a lump sum price Dollars and Cents. B. 1 EA Deduction for each timber pile that has been approved by the County/Engineer for reuse based on a unit price of Dollars and Cents $ $ per each. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 00300-5 6. BIDDER agrees that the Work shall be complete and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within CALENDAR DAYS after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a condition of this BID: a. Required Bid Security in the form of b. Document No. 00412 - Certificate of Interested Parties (Form 1295) C. Document No. 00415 - CONTRACTOR's Corporate Resolution. d. Document No. 00416 - NON -COLLUSION AFFIDAVIT e. Document No. 00420 - Bidders Qualification Statement. 8. Communications about this BID shall be directed to BIDDER's address indicated below. SUBMITTED this day of Authorized Signature: Name: Title: Attesting Signature: Name: Title: Legal Firm Name: Business Address: Phone Number: Facsimile Number: E-Mail Address (optional) State of Incorporation, if applicable: State Contractor License No.: 2016 PENAL SUM FORM BID BOND BIDDER ame and dress): SURETY(Name and Addres$,of Pringipal Place of Business): OWNER MMe 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: Attest: Signature and Title Signature and Title By: Attest: Signature and Title (Attach Power of Attorney) Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, -OWNER or other party shall be considered plural Where applicable. EJCDC NO. 1910-28-C (1996 Edition) 00410-1 PENAL SUM FORM 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. 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 or 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 conforms 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 proposal as applicable. EJCDC NO. 1910-28-C (1996 Edition) 00410-2 DOCUMENT NO.00412 CERTIFICATE OF INTERESTED PARTIES (FORM 1295) In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. The online filing application portal can be found at: https://www.ethics.state.tx.us/whatsnew/elf info_form1295.1itin. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. The form must be notarized and signed by an authorized agent of the business entity and submitted with your bid, proposal and/or contract. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven (7) business days, Form 1295 will be available for public viewing on the Texas Ethics Commission's website. Calhoun County Commissioners' Court WILL NOT consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed and notarized Form 1295. END OF DOCUMENT 00412-1 DOCUMENT NO.00415 CONTRACTOR'S CORPORATE RESOLUTION I hereby certify that it was RESOLVED by a quorum of the directors of (Name of Corporation) meeting on the - day of , 20 that , be, (Name of Principal) (Title) and hereby is, authorized to execute all documents necessary for the transaction of business in the State of Texas on behalf of the said (Name of Corporation) , and That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and in authentication of the adoption of this resolution, I subscribe my name this of , 20 Secretary END OF DOCUMENT 00415-1 day DOCUMENT NO.00416 NON -COLLUSION AFFIDAVIT State of ) County of being first duly sworn, deposes and says that: 1. He is of , the BIDDER that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another BIDDER, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other BIDDER, firm or person to fix the price or prices in the attached Bid or of any other BIDDER, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other BIDDER, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against CALHOUN COUNT' (OWNER) or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the BIDDER or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to me this day of 920, My commission expires fC 1010 nll2111141-0 10491 l 00416-1 Title Notary Public DOCUMENT NO. 00420 BIDDER QUALIFICATION STATEMENT Bidder shall answer all questions, and answers shall be clear and comprehensive. This form shall be notarized upon completion. As necessary, BIDDER may use separate attached sheets to answer questions, and may submit additional information, if desired. BIDDER's Name: Organization Date: Address: Incorporation Date: Type of Work Performed: Ever Fail to Complete Awarded Work? Y or N Ever Default on Any Contract? Y or N ATTACH THE FOLLOWING INFORMATION: Attach a LIST OF PROJECTS, similar in size and scope to the work covered by this proposal, which BIDDER has MOST RECENTLY COMPLETED. Amount of Date Owner Contract Contract Award Type of Work Completed and phone no. Attach a LIST OF PROJECTS BIDDER is now ENGAGED IN COMPLETING. Amount of Percent Owner Contract Contract Award Type of Work Complete and phone no. Attach a LIST OF EQUIPMENT THAT WILL BE AVAILABLE FOR THIS PROJECT including type, model, owned or leased. Attach a RESUME FOR EACH OFFICER OF THE COMPANY AND THE PROPOSED SUPERINTENDENT for this Project. ALSO, indicate the number of Foremen, Equipment Operators, Laborers, etc. that will be available for this project. Credit Available: $ Bank Reference/Contact: The undersigned hereby authorizes any person, firm, or corporation to furnish any information requested by CALHOUN COUNTY, in relation to the verification of the statements comprising this BIDDER's Qualification Statement. Signed: Name & Title: 1:�►iZ�� 7IZIZ�I� Executed and sworn to before me, the undersigned authority, on this day of , 20 Notary Public in and for 00420-1 DOCUMENT NO.00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 20 , 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: .01 THE WORK: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD .02 ENGINEER: The Project has been designed by G & W Engineers, Inc., 205 West Live Oak, Port Lavaca, Texas, 77979, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. .03 CONTRACT TIMES: a. Calendar Days The Work shall be complete and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within Calendar Days after the date when the Contract Times commence to run. b. Rain Days CONTRACTOR may be allowed an adjustment to the CONTRACT Times for "rain days", which are defined as follows. 1. Any day(s) in which rainfall occurs prior to 12:00 p.m. (noon), of such quantity that, in the opinion of OWNER's representative, would prevent a safe working environment for CONTRACTOR at the construction site. 00500-1 2. Any day(s) following the above described "rain day(s)" in which the condition of the construction site, in the opinion of OWNER's representative, is not conducive to providing CONTRACTOR with a safe working environment at the site. OWNER shall only consider an adjustment in Contract Times if CONTRACTOR submits a written request for "rain days" to OWNER's representative for review, by 10:00 a.m. on the Monday following the week in which the day(s) occurred. Failure to submit such a written request shall be a representation by CONTRACTOR that additional days are not warranted. OWNER's representative shall review all requests when submitted and will have final on site determination for "rain days". Disagreements between CONTRACTOR and OWNER's representative shall be submitted to OWNER. C. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph .03.a above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not substantially complete 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 THREE HUNDRED DOLLARS ($300.00) for each day that expires after the time specified in paragraph .03.a. CONTRACTOR hereby agrees that said sum per day is a fair estimate of the pecuniary damages which will be sustained by OWNER in the event that the Work is not complete within the agreed time, or within extensions of time properly granted in accordance with the Contract Documents. Said sum shall be considered as liquidated damages only and not a penalty, said damage being caused by loss of timely use of the Work other injury difficult to quantify. For purposes of applying this liquidated damages clause, the CONTRACTOR agrees to waive as against the OWNER any defense to enforcement of said clause based on any of the following claims: (1) that the clause is a penalty; (2) that the daily amount stated in the clause is not a reasonable estimate and approximation as of the time of contracting of OWNER's actual damages; (3) that the damages caused to OWNER by reason of delay were not difficult to estimate at the time of contracting. 00500-2 .04 CONTRACT PRICE: OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as per CONTRACTOR's proposal which forms a part of this contract. In no event shall the amounts payable pursuant to this Contract exceed $ , plus the amount of any duly authorized change orders or contract amendments executed by OWNER. .05 PAYMENT PROCEDURE: CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions unless otherwise amended by the Contract Documents. Applications for Payment shall also include all required documentation indicated in Division 1 - General Requirements, Section 01025 of these Specifications. ENGINEER shall process Applications as provided in the General Conditions. a. Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER and as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Article 2 of the General Conditions. 1. Progress payments will be 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 shall determine, or OWNER may withhold in accordance with Paragraph 14.02.B.5 of the General Conditions. A. 90% of the Work completed (with the balance being retainage) B. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.02.A.I of the General Conditions). 2. Request for Payments All requests for payments shall be divided into materials costs and labor/equipment costs. All requests for material payment shall be accompanied by CONTRACTOR's paid invoice for the material in accordance with Article 14.02.A. I of the General Conditions. 00500-3 b. Final Payment Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph. .06 CONTRACTOR's REPRESENTATIONS: 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 (including the Addenda listed in paragraph 7 herein) and the other related data identified in the Bidding Documents including "technical data." b. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing 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, performance and furnishing of the Work. d. CONTRACTOR has carefully studied 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.A of the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional 00500-4 examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. e. CONTRACTOR is aware of the general nature of the Work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. f. 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 additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g. 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, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing of the Work. .07 CONTRACT DOCUMENTS: The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: a. This Agreement. b. Exhibits to this Agreement. C. CONTRACTOR's Proposal. d. Performance, Payment and other Bonds. e. Notice of Award. f. Notice to Proceed. g. General Conditions. h. General Conditions of Submitting Sealed Bids to Calhoun County, Texas. i. Supplementary Conditions. j . Technical Specifications. 00500-5 .08 k. Drawings numbered & titled for the different areas of work as indicated below: SHEET NO. DATE DESCRIPTION COVER C1.0 03/30/16 VICTNITY MAP, PLANS, SECTIONS AND DETAILS CLI 03/30/16 FISHING PIER PLANS, SECTIONS AND DETAILS C1.2 03/30/16 FISHING PIER DETAILS AND SECTIONS C1.3 03/30/16 BULKHEAD PLAN VIEW CIA 03/30/16 CRABBING BRIDGE AND BULKHEAD DETAILS 1. Addendum numbers to inclusive in. The following of which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed in accordance with the appropriate provisions of Article 3 of the General Conditions. MISCELLANEOUS: a. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. b. No assignment by a party hereto of any rights under or interests in the Contract Documents will 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 responsibility under the Contract Documents. C. 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. d. 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. 00500-6 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This AGREEMENT shall be effective as of the day of , 20 . OWNER: COUNTY OF CALHOUN CONTRACTOR: BY: BY: Michael J. Pfeifer, County Judge NAME/TITLE ATTEST: ATTEST: ADDRESS: 211 S. Ann, Suite 301 ADDRESS: Port Lavaca, Texas 77979 PHONE: (361) 553-4600 PHONE: FAX: (361) 553-4444 FAX: END OF DOCUMENT 00500-7 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): 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 (Name and Address of Principal Place of Business): 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) Signature; Name and Title: SURETY Company: 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) Signature: Name and Title: SURETY Company: Signature: Name and Title: (Corp. Seal) (Corp. Seal) EJCDC No. 1.910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General 1 Contractors of America, and the American Institute of Architects. 00610-1 .. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their ieirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. % If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR gave no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. . If there is no OWNER Default, the Surety's obligation under this Bond shall arise fter: 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 formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default 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 of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall -omptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or 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 OWN13R resulting from the CONTRACTOR Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4.4.1 After investigation, determine the amount for which it maybe liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. If the Surety does not proceed as provided in paragraph 4 with reasonable 3mptness, the Surety shall be deemed to -be in default on this Bond fifteen days after zipt of an additional written notice from the OWNER to the Surety demanding that s Surety perform its obligations under this Bond, and the OWNER shall be entitled to force any remedy available to the OWNER. If the Surety proceeds as provided in ragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied 6. After the OWNER has terminated 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 of the 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 613. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance 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, including changes of time, to the Contract or to related subcontracts, purchase 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 Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform 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. 11. When this Bond has been furnished to comply with a statutory or other legal 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 intent is that this Bond shall be construed as a statutory bond and not as i 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 and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the 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 perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER; OWNER'S REPRESENTATIVE (Engineer or other party): 00610-2 Payment Bond } Any singular reference to Contractor, Surety, Owner or other party shalt 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 SURETY Company: (Corp. Seal) 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 SURETY Company: (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) 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 America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00620-1 1. The CONTRACTOR and the Surety, jointly and severalty, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. L. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 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 furnished labor, materials or equipment for use in the performance 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. 1. With respect to Claimants, this obligation shall be null and void if the =TRACTOR promptly snakes payment, directly or indirectly, for all sums due. . 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: I. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed' labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received arejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing 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. If a notice required by paragraph 4 is given by the OWNER to the :)NTRACTOR or to the Surety, that is sufficient compliance. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall omptly and at the Surety's expense take the 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 are undisputed and the basis for challenging any amounts that are disputed, 6.2. Pay or arrange for payment of any undisputed amounts. The Surety's total obligation shall not exceed the amount of this Bond, and the count of this Bond shall be credited for any payments made in good faith by the rety. 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 furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy 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 performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. 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. 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 performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory 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 furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "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 pthereto. 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 ONLY --Name, Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other parry): 00620-2 DOCUMENT NO.00700 GENERAL CONDITIONS This document governs all Work in this project unless otherwise amended by the Supplementary Conditions. Whenever the term "General Conditions" is used in these Specifications, it shall be considered to mean the current edition of the publication titled "Standard General Conditions of the Construction Contract", which has been included as part of this document and has important legal consequences. Said publication was prepared by the Engineers Joint Contract Documents Committee, issued and published jointly by Professional Engineers In Private Practice (a practice division of the National Society of Professional Engineers), American Consulting Engineers Council, American Society of Civil Engineers, and Construction Specifications Institute, and has also been approved and endorsed by The Associated General Contractors of America. END OF DOCUMENT 00700-1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE WIN Issued and Published Jointly by SEN ACEC `©- r S A&TEi:TC1N COUNCIL OF ENGTNEERTNG COMPANIES SKILL INTEGRITY 'rE,t'ONSi►T��{ American Society National Society of gl�lProfessional Engineers ASCEof Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 w-tN-w.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 N?-ww.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 vvww.ascLm Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.or�,) The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology.................................................................................................................................. 5 Article2 — Preliminary Matters......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance............................................................................. 6 2.02 Copies of Documents.................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed............................................................... 6 2.04 Starting the Work.......................................................................................................................... 7 2.05 Before Starting Construction........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules.................................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.....................................................................:...... 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards.....................................................................................................:................ 8 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents................................................................... 9 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands...................................................................................................................11 4.02 Subsurface and Physical Conditions...........................................................................................11 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities .............................. .................................................................................. 13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance......................................................................................................................16 5.01 Performance, Payment, and Other Bonds...................................................................................16 5.02 Licensed Sureties and Insurers....................................................................................................16 5.03 Certificates of Insurance.............................................................................................................17 5.04 Contractor's Insurance................................................................................................................17 5.05 Owner's Liability Insurance........................................................................................................19 5.06 Property Insurance.......................................................................................................................19 5.07 Waiver of Rights......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds......................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer.......................................................... 22 Article 6 - Contractor's Responsibilities........................................................................................................ 22 6.01 Supervision and Superintendence............................................................................................... 22 6.02 Labor; Working Hours................................................................................................................ 22 6.03 Services, Materials, and Equipment........................................................................................... 22 6.04 Progress Schedule....................................................................................................................... 23 6.05 Substitutes and "Or-Equals"....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................25 6.07 Patent Fees and Royalties........................................................................................................... 27 6.08 Permits.........................................................................................................................................27 6.09 Laws and Regulations................................................................................................................. 28 6.10 Taxes........................................................................................................................................... 28 6.11 Use of Site and Other Areas....................................................................................................... 28 6.12 Record Documents......................................................................................................................29 6.13 Safety and Protection ............................................................................................................... 29 6.14 Safety Representative.................................................................................................................. 30 6.15 Hazard Communication Programs............................................................................................. 30 6.16 Emergencies................................................................................................................................ 30 6.17 Shop Drawings and Samples...................................................................................................... 31 6.18 Continuing the Work.................................................................................................................. 32 6.19 Contractor's General Warranty and Guarantee.......................................................................... 33 6.20 Indemnification........................................................................................................................... 33 6.21 Delegation of Professional Design Services............................................................................... 34 Article7 - Other Work at the Site................................................................................................................... 35 7.01 Related Work at Site................................................................................................................... 35 7.02 Coordination................................................................................................................................ 35 7.03 Legal Relationships..................................................................................................................... 36 Article 8 - Owner's Responsibilities............................................................................................................... 36 8.01 Communications to Contractor................................................................................................... 36 8.02 Replacement of Engineer............................................................................................................ 36 8.03 Furnish Data................................................................................................................................ 36 8.04 Pay When Due............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests................................................................................... 36 8.06 Insurance..................................................................................................................................... 36 8.07 Change Orders.............................................................................................................................37 8.08 Inspections, Tests, and Approvals.............................................................................................. 37 8.09 Limitations on Owner's Responsibilities................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition.................................................................... 37 8.11 Evidence of Financial Arrangements.......................................................................................... 37 8.12 Compliance with Safety Program ................................. .............................................................. 37 Article 9 - Engineer's Status During Construction......................................................................................... 37 9.01 Owner's Representative..............................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site................................................................................................................................ 37 9.03 Project Representative................................................................................................................ 38 9.04 Authorized Variations in Work.................................................................................................. 38 9.05 Rejecting Defective Work.......................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments.......................................................................... 39 9.07 Determinations for Unit Price Work.......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer's Authority and Responsibilities........................................................ 39 9.10 Compliance with Safety Program............................................................................................... 40 Article 10 - Changes in the Work; Claims..................................................................................................... 40 10.01 Authorized Changes in the Work............................................................................................... 40 10.02 Unauthorized Changes in the Work........................................................................................... 41 10.03 Execution of Change Orders.......................................................................................................41 10.04 Notification to Surety.................................................................................................................. 41 10.05 Claims..........................................................................................................................................41 Article I I - Cost of the Work; Allowances; Unit Price Work....................................................................... 42 11.01 Cost of the Work......................................................................................................................... 42 11.02 Allowances.................................................................................................................................. 45 11.03 Unit Price Work.......................................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Times............................................................... 46 12.01 Change of Contract Price............................................................................................................ 46 12.02 Change of Contract Times.......................................................................................................... 47 12.03 Delays.......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects......................................................................................................................... 48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections.................................................................................................................. 49 13.04 Uncovering Work........................................................................................................................49 13.05 Owner May Stop the Work......................................................................................................... 50 13.06 Correction or Removal of Defective Work................................................................................ 50 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 Owner May Correct Defective Work......................................................................................... 52 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title.................................................................................................... 55 14.04 Substantial Completion............................................................................................................... 55 14.05 Partial Utilization........................................................................................................................ 56 14.06 Final Inspection...........................................................................................................................57 14.07 Final Payment.............................................................................................................................. 57 14.08 Final Completion Delayed.......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 Waiver of Claims........................................................................................................................ 58 Article 15 — Suspension of Work and Termination........................................................................................ 59 15.01 Owner May Suspend Work........................................................................................................ 59 15.02 Owner May Terminate for Cause ............................................................................................ 59 15.03 Owner May Terminate For Convenience................................................................................... 60 15.04 Contractor May Stop Work or Terminate.................................................................................. 60 Article16 — Dispute Resolution...................................................................................................................... 61 16.01 Methods and Procedures............................................................................................................. 61 Article17 — Miscellaneous.............................................................................................................................. 61 17.01 Giving Notice............................................................................................:. ....................... 61 17.02 Computation of Times................................................................................................................ 62 17.03 Cumulative Remedies................................................................................................................. 62 17.04 Survival of Obligations............................................................................................................... 62 17.05 Controlling Law.......................................................................................................................... 62 17.06 Headings....................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 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 other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work --See Paragraph 11.01 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 date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. 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. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs Polychlorinated biphenyls. 31. 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. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. 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. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. 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). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 E. 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 installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in. connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known 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 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 3 0 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 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. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required 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 Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or 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 instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at .or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data;" Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an 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 Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 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 fmal commitment to Owner with respect to 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, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 ........ _......... . contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall 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 court or arbitration or other dispute resolution costs) sustained 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 Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; 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 information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such 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 not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, -Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract 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 Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the 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 report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall 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.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such 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 portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also fimlish 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 list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared 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 the requirements of Paragraph 5.013, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. - Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract. Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, 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 identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance fiarnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured properly (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 writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, 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 insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, 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 of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, 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 trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 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, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.073 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the parry 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 occupy or use a portion or portions of the 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 insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted 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 competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor 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 performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, 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 performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. l . "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the 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 equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall 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: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether 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 other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall 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. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.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 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable obj ection after due investigation. Contractor shall submit an acceptable replacement 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 replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. 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 omissions. Nothing in the Contract Documents: 1. 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 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor 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 incorporation 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 performance 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. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that 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 known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 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 performance 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 the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaL-e 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work 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 of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all. approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Vase 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by 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 anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work 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 Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 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 and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, 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 purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.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. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 32 of 62 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and, tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. 'To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. 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 Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 35 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 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 objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 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 responsibility with 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 not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 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 whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 exercise such authority 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 individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance 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 the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that 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 authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 40 of 62 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.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum 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 Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), 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 A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim 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. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 shall be delivered to the Engineer and the other party 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). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times 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 shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 42 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance 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 full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' 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 accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including 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 necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights. reserved. Page 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written 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 such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.- The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0 LA.1 or specifically covered by Paragraph 11.0 LA.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 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. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 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 and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 the sum of the. unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. 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 Contract 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 Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l .C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually 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 of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0 LA.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.01.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 both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l .C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. 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. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and 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, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 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 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, 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 inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. If it is found that the uncovered Work is 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 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 Paragraph 10.05. D. If the uncovered 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 both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 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 that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct 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 to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 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 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 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. 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. B. If Contractor does not promptly comply with the terms of Owner's written instructions, 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 removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 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 determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractorfails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and 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) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make 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 correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 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 the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 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 progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the 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 (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. 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 to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.023.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change 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 recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or fi-iishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 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. B. Promptly after Contractor's notification, 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. C. If Engineer considers the Work substantially complete, Engineer will 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. 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 Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. 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 furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, 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 satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final 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 Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confines, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated 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 of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 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. D. Notwithstanding Paragraphs 15.023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. 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. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other 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 finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. 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 Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties 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 of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 DOCUMENT NO.00705 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid, Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and 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, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid, Proposal and/or Contract Return: On or before the due date and time, the vendor must return all completed bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., P Floor, Room 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun County will not be responsible for the delivery of your bid, proposal and/or contract to the Page 1 of 8 00705-1 office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Michael Pfeifer, Calhoun County Judge, 211 S. Ann St., 3rd Floor, Room 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that was opened is not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid, Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Fir. r.F'.T:1 r."M When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal and/or contract. Certification of such coverage Page 2 of 8 00705-2 must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds: If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and state and local (county and city) sales tax. Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections: Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Page 3 of 8 00705-3 Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment: The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract is intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Rejections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Tarminntinn- Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Page 4 of 8 00705-4 Certificate of Interested Parties — Form 1295 (copy attached for review purposes only) Section 2252.908 was added to the Government Code by the 841" Texas Legislature through adoption of House Bill 1295. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. The form must be notarized and signed by an authorized agent of the business entity and submitted with your bid, proposal and/or contract. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven (7) business days, Form 1295 will be available for public viewing on the Texas Ethics Commission's website. Compliance: Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed and notarized Form 1295. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. nahnrmant- Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Page 5 of 8 00705-5 Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and state and local (county and city) sales tax. Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office. County departments must submit their purchase orders by 5 PM Wednesday the week before the Commissioners' Court meeting. Commissioners' Court meets the 2nd and 41h Thursday of each month to approve bills. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. [,ratiiitiac- Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Majeure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental Page 6 of 8 00705-6 or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver: No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Insurance: Before commencing work, the successful vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a certificate of insurance showing the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) The certificate must reflect that Calhoun County is an additional insured on the General Liability coverage. Page 7 of 8 00705-7 Each insurance policy to be furnished by successful vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. 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 Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR Cindy Mueller, Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite 6, Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.or Page 8 of 8 00705-8 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioner's Court January 28, 2016 BACKGROUND Section 2252.908 was added to the Government Code by the 84`h Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County Commissioner's Court will not consider for action any contract or bid with a business entity unless it is accompanied by a completed, signed and notarized Form 1295. No later than 30 days after Commissioner's Court approves a contract or awards a bid with a business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Ethics Commission. CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 4 1 L.1 City, State, Country: o s•,p Nature +of Interest (check applicable) Name of Interested Party (place of business),, -- Controlling Intermediary •:r F� �,. is NIS k..j+ .:. C \`� F, . .W 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 4/8/2016 DOCUMENT NO.00810 SUPPLEMENTARY CONDITIONS These provisions amend or supplement the Standard General Conditions of the Construction Contract (Current Edition) and other provisions of the Contract Documents as indicated below. All provisions not so amended or supplemented remain in full force and effect. These provisions shall govern in the event of any conflict between them and the "Standard General Conditions". ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Paragraph 1.01 - Defined Terms Sub -paragraph 19 - ENGINEER Add: The word "ENGINEER" in these Specifications shall refer to G & W ENGINEERS, INC. Sub -paragraph 29 - OWNER Add: The word "OWNER" in these Specifications shall be understood as referring to CALHOUN COUNTY. ARTICLE 2 - PRELIMINARY MATTERS Paragraph 2.02 - Copies of Documents Change: ten To Read: five Paragraph 2.04 - Starting the Work Sub -Paragraph A. Add: If there is any error, omission or inconsistency in the Contract Documents, unless otherwise directed in writing by ENGINEER or OWNER, CONTRACTOR shall provide the better quality of, or the greater quantity of, work or materials, so that OWNER receives a complete project, ready for occupancy, with all governmental and regulatory approvals. To the extent permitted by law, OWNER reserves the right, but does not assume the obligation, to perform any act or fulfill any role of ENGINEER under the Contract Documents at any time. OWNER shall not be responsible for furnishing surveys or other information as to the physical characteristics of, legal limitations of or utility locations for the project site. CONTRACTOR shall confirm the location of each utility, shall excavate and dispose of each on -site utility and shall cap each off -site utility as required by the Work and as may be included in the Contract Documents. At 00810-1 OWNER's request, CONTRACTOR shall make available to OWNER the results of any site investigation, test borings, analyses, studies or other tests conducted by or in possession of CONTRACTOR or any of its agents. CONTRACTOR represents that it is familiar with the project site and has received all information it needs concerning the conditions of the project site. CONTRACTOR represents that it has inspected the location of the Work and conditions of improvements existing at the site, and has satisfied itself as to the condition thereof, including, without limitation, all structural, surface and subsurface conditions. CONTRACTOR, at CONTRACTOR's discretion and expense, shall undertake such further investigations and studies as may be necessary or useful to deal with all surface and subsurface conditions. Based upon the foregoing inspections, understandings, agreements and acknowledgments, CONTRACTOR agrees and acknowledges (i) that the Contract Price is just and reasonable compensation for all the Work, including all unforeseen, foreseen and foreseeable risks, hazards and difficulties in connection therewith, (ii) that the Contract Time is adequate for the performance of the Work and (iii) that the Work shall not result in any lateral or vertical movement of any structure. CONTRACTOR shall have no claims for surface or subsurface conditions encountered, except those actively caused by OWNER, if any. Conditions inherent in the design shall not be attributed to OWNER under this paragraph. CONTRACTOR shall have total control of, and shall exercise special care in, executing the Work in proximity of known subsurface utilities, other improvements and easements. ARTICLE 4 - AVAILABILITY OF LANDS, SUBSURFACE ... Paragraph 4.01 - Availability of Lands Sub -paragraph A. Delete in its entirety and insert the following: OWNER shall furnish the Site. Paragraph 4.02 - Subsurface and Physical Conditions Sub -paragraph A. - Reports and Drawings: Sub -paragraph 2. Add: The information contained on the Contract Drawings in regard to topography, contours, and any quantities, areas, and measurements based thereon is furnished for the convenience of CONTRACTOR and is the best information available at this time. The accuracy of this information is not guaranteed and its use in no way relieves 00810-2 CONTRACTOR and others of any responsibility for loss due to inaccuracies or deviation there from which may be encountered. CONTRACTOR shall check all quantities, areas, and measurements in the field. CONTRACTOR shall carefully examine the site prior to submittal of bids and satisfy himself about all conditions which can in any way affect the Work or cost thereof. Paragraph 4.03 - Differing Subsurface or Physical Conditions Sub -paragraph A - Notice Sub -paragraph 2. Delete in its entirety. Sub -paragraph 3. Renumber to 2. Delete in its entirety and insert the following: is located below the surface of the ground and differs materially from those generally encountered in the general area in which the site is located or differs materially from conditions encountered in any subsurface investigation completed prior to the date of the Agreement; or Sub -paragraph 4. Renumber to 3. Sub -paragraph C - Possible Price and Times Adjustments Sub -paragraph 3. Delete in its entirety and insert the following: If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, CONTRACTOR waives Claims against OWNER for consequential damages arising out of or relating to the Agreement. This waiver includes, without limitation, damages incurred by CONTRACTOR for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with the Contract Documents. 00810-3 Paragraph 4.04 - Underground Facilities Sub -paragraph B - Not Shown or Indicated Sub -paragraph 1. Delete in its entirety and insert the following: CONTRACTOR represents that it has inspected the Site and has satisfied itself as to the condition thereof, including, without limitation, all structural, surface and subsurface conditions. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall have no Claim for such Underground Facility encountered, and there shall be no adjustment in the Contract Price or Contract Times. CONTRACTOR shall, however, identify the owner of the Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change (other than with respect to Contract Price or Contract Times) is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. If ENGINEER concludes that a change (other than with respect to Contract Price or Contract Times) is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. Sub -paragraph 2. Delete in its entirety. Paragraph 4.05 - Reference Points Change: engineering surveys To Read: benchmarks Add: The project site is wholly within Calhoun County, Texas. CONTRACTOR shall notify ENGINEER at least 48 hours prior to starting Work on any area where controls have not been established. Paragraph 4.06 - Hazardous Environmental Condition at Site Sub -paragraph C. Delete in its entirety. 00810-4 Sub -paragraph D. Reletter to C. Sub -paragraph E. Reletter to D. Sub -paragraph F. Reletter to E. Sub -paragraph G. Delete in its entirety. Sub -paragraph H. Reletter to F. Delete in its entirety and insert the following: CONTRACTOR has inspected the site, and represents and warrants to OWNER that, to the best of his knowledge and belief, there is no Hazardous Environmental Condition at the site. CONTRACTOR agrees that in the performance of the Work, CONTRACTOR shall not introduce a Hazardous Environmental Condition to the site, and shall be responsible for any liability for cleanup or other consequences of such Hazardous Environmental Condition being brought to the site by CONTRACTOR or those for whom CONTRACTOR is responsible. CONTRACTOR shall not be liable for cleanup of such Hazardous Environmental Conditions that were existing at the site before the commencement of Work unless CONTRACTOR disturbs same or otherwise affects or increases the liability of OWNER thereto. Sub -paragraph I. Reletter to G. ARTICLE 5 - BONDS AND INSURANCE Paragraph 5.01 - Performance, Payment and Other Bonds Sub -paragraph A. Change: each in an amount at least equal to the Contract Price To Read: as specified in Document No. 00820 - Bond and Insurance Requirements of these Specifications, Paragraph 5.04 - CONTRACTOR's Insurance Sub -paragraph B. 00810-5 Change: shall: To Read: shall be in accordance with Document No. 00820 - Bond and Insurance Requirements of these Specifications. Sub -paragraphs B.l through B.6 Delete each in its entirety. Paragraph 5.06 - Property Insurance Delete in its entirety and insert the following: Property Insurance requirements shall be in accordance with Document No. 00820 - Bond and Insurance Requirements of these Specifications. Paragraph 5.07 - Waiver of Rights Sub -paragraph A. First sentence. Delete in its entirety and insert the following: OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.04, 5.05 and 5.06 will protect OWNER, CONTRACTOR, 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) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. Sub -paragraph A. Third sentence. Delete the word... "property". Sub -paragraph B. and Sub -paragraph C. Delete each in its entirety. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Paragraph 6.01 - Supervision and Superintendence Sub -paragraph B. Change: competent resident superintendent To Read: competent resident superintendent, satisfactory to OWNER and ENGINEER, 00810-6 Add: CONTRACTOR shall also provide an adequate staff for the proper coordination and expediting of the Work. OWNER reserves the right to require CONTRACTOR to dismiss from the Work such employee or employees as OWNER or ENGINEER may deem incompetent, careless, or insubordinate. Paragraph 6.03 - Services, Materials, and Equipment Sub -paragraph B. Add: Except for the purpose of affording protection against any emergency endangering health, life, limb or property, CONTRACTOR shall make no change in the materials used or in the specified manner of constructing and/or installing the Work or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from OWNER authorizing CONTRACTOR to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. Paragraph 6.06 - Concerning Subcontractors, Suppliers, and Others Sub -paragraph B. Add: CONTRACTOR shall submit a complete list of all Subcontractors to be utilized on this project. This list shall be submitted in conjunction with the Proposal. Sub -paragraph C. Add: CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, including coordination of the duties of all trades, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, CONTRACTOR shall evaluate the jobsite safety thereof and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. Paragraph 6.07 — Patent Fees and Royalties Sub -paragraph B. Delete in its entirety and insert the following: Paragraph 6.20.A shall govern indemnification obligations of CONTRACTOR. Paragraph 6.08 - Permits Delete in its entirety and insert the following: CONTRACTOR shall secure and pay for all construction permits and licenses required for the prosecution of the Work. CONTRACTOR shall comply with and satisfy all ordinances and laws which relate to the Work. CONTRACTOR shall apply for and pay fees for permits of temporary nature. Paragraph 6.09 - Laws and Regulations Sub -paragraph B. Delete in its entirety and insert the following: If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such Work. Paragraph 6.10 - Taxes Delete in its entirety and insert the following: CONTRACTOR shall not be required to pay Sales Tax on materials permanently utilized within this project as long as CONTRACTOR follows the procedures outlined in Article 5 of the Form of Agreement. CONTRACTOR shall pay Sales Tax on supplies, tools, etc. that are not a permanent part of the project. OWNER shall issue exemption certificates for those materials paid for as approved under Article 5 of the Form of Agreement. Sales Tax on any materials not so designated shall be the responsibility of CONTRACTOR. Paragraph 6.11 - Use of Site and Other Areas Sub -paragraph A - Limitation on Use of Site and Other Areas Sub -paragraph 3. Delete in its entirety and insert the following: Paragraph 6.20.A shall govern indemnification obligations of CONTRACTOR. Paragraph 6.13 - Safety and Protection Sub -paragraph E. Delete in its entirety and insert the following: 00810-8 All damages, injury, or loss to any property referred to in Paragraph 6.13.a.2 or 6.13.a.3 caused, directly or indirectly, in whole or in part, by 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 part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). Paragraph 6.19 - CONTRACTOR's General Warranty and Guarantee Sub -paragraph A. Change: guarantees to OWNER, To Read: guarantees, in the form of Section 01700 -Contract Closeout Requirements, Paragraph 6.20 - Indemnification Sub -paragraph A. Delete in its entirety and insert the following: CONTRACTOR and its sureties shall defend, indemnify and hold harmless OWNER and its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorneys' fees and expenses brought for any injuries to persons or damages to property in connection with the performance or attempted performance of this Contract. So much of the money due CONTRACTOR under this Contract as shall be considered necessary by OWNER may be retained for the use of OWNER, or in case no money is due, the sureties shall be held, until all suits, actions, and claims shall have been settled and satisfactory evidence to that effect furnished OWNER. CONTRACTOR and its sureties expressly agree to defend, indemnify and hold harmless OWNER, its officers, agents, and employees in accordance with this clause regardless of whether the injury or damage is caused in whole or in part by the acts, or omissions, including negligence, of OWNER or its officers, agents or employees or any condition of the OWNER's property. Sub -paragraph B. Change: against Owner or Engineer or any of their To Read: against Owner or any of their Sub -paragraph C. 00810-9 Change: to the liability of Engineer and Engineer's officers, To Read: to the liability of Owner and Owner's officers, ARTICLE 8 - OWNER'S RESPONSIBILITIES Paragraph 8.11 - Evidence of Financial Arrangements Delete in its entirety. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION Paragraph 9.05 - Rejecting Defective Work Delete in its entirety and insert the following: ENGINEER or OWNER will have authority to disapprove or reject Work which ENGINEER or OWNER believes to be defective, or that ENGINEER or OWNER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER or OWNER 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. ARTICLE 10 - CHANGES IN WORK; CLAIMS Paragraph 10.05 - Claims Sub -paragraph B - Notice. First sentence. Change: after the start of the event To Read: after discovery of the start of the event Sub -paragraph B - Notice. Third sentence. Change: after the start of such event To Read: after discovery of the start of such event ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION... Paragraph 13.03 - Tests and Inspections Sub -paragraph A. Delete in its entirety and insert the following: OWNER's Representative will inspect and check all items of Work as it progresses to insure compliance with the Contract Documents. 00810-10 CONTRACTOR shall at all times facilitate this inspection. It will be CONTRACTOR's responsibility to contact OWNER's Representative directly prior to beginning any new phase of Work, so that he may be on hand to inspect materials, equipment, etc., prior to start of such Work. Sub -paragraph B. Delete in its entirety and insert the following: All tests made by a testing service selected by OWNER shall be paid for by OWNER provided such tests show compliance with the Contract Drawings and these Specifications. Should the tests fail to meet the requirements of the Contract Drawings and Specifications, such tests shall be paid for by CONTRACTOR. CONTRACTOR shall then verify by independent tests that Work has been done to correct all discrepancies before any additional tests by OWNER's laboratory are made. No investigations or tests of subsurface or latent physical conditions other than those indicated on the Contract Drawings and in these Specifications will be furnished by OWNER. Sub -paragraph E. Add: Any Work performed on Saturday, Sunday, or legal holiday without benefit of an inspection may require removal or replacement if directed by ENGINEER. Paragraph 13.04 - Uncovering Work Sub -paragraph A. Delete in its entirety and insert the following: If any Work is covered contrary to the written request of ENGINEER or to requirements specifically expressed in the Contract Documents, it must, if requested by ENGINEER, OWNER or any governmental authority, be uncovered for their observation and replaced at CONTRACTOR'S expense. Paragraph 13.05 - OWNER May Stop the Work Sub -paragraph A. Add: Exercise, or failure to exercise, OWNER's right to stop the Work shall not relieve CONTRACTOR of any of its responsibilities and obligations under or pursuant to the Contract Documents. Paragraph 13.06 - Correction or Removal of Defective Work Sub -paragraph A. First sentence. Change: if the Work has been rejected by ENGINEER, 00810-11 To Read: if the Work has been rejected by ENGINEER, OWNER or any governmental authority, ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION Paragraph 14.02 - Progress Payments Sub -paragraph A. - Application for Payments Sub -paragraph 1. Change: At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), To Read: On or about the first of each month during construction, Sub -paragraph 2. Delete in its entirety and insert the following: Each Application for Payment shall be certified and sworn as correct by CONTRACTOR and shall be accompanied by waivers of liens and other documentations from Subcontractors and Sub - subcontractors as reasonably may be required by ENGINEER and/or OWNER. In addition, such Application for Payment shall contain a sworn certification by CONTRACTOR that there are no written claims of mechanics' or materialmen's liens submitted to CONTRACTOR at the date of such Application for Payment, that CONTRACTOR has no knowledge of any filed mechanics' or materialmen's liens with respect to the Work, that all due and payable bills with respect to the Work have been paid to date or shall be paid from the proceeds of such Application for Payment, that there is no basis for the filing of any mechanics' or materialmen's liens on the Work, and that waivers from all Subcontractors constitute an effective waiver of lien under the laws of the jurisdiction in which the site is located to the extent of payments that have been made or are to be made concurrently with payment pursuant to such Application for Payment. Sub -paragraph 3. Delete in its entirety and insert the following: At no time prior to full and final completion of the Work and all obligations of CONTRACTOR shall the total of applications for payment exceed 90% of the Contract Price, as adjusted by Change Order, or 90% of the value of the Work that is then completed and of the unincorporated materials which are then properly and safely stored on the Work site, whichever is lesser unless otherwise stated in Document No. 00500 of these Specifications. 00810-12 Sub -paragraph C. - Payment Becomes Due Change: Ten days To Read: Thirty days Sub -paragraph D. - Reduction in Payment Sub -paragraph L, item c. Change: recommended; or To Read: recommended. OWNER may deem it necessary to withhold from any payment otherwise due CONTRACTOR so much as may be required to protect OWNER, and if so elects, OWNER may also withhold from CONTRACTOR any amounts due by CONTRACTOR to subcontractors or suppliers for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of OWNER and will not require OWNER to determine or adjust any claims or disputes between CONTRACTOR and his subcontractors or suppliers, or to withhold any moneys for their protection unless OWNER elects to do so. Failure or refusal of OWNER to withhold any moneys from CONTRACTOR shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract; or Sub -paragraph 2. Delete in its entirety and insert the following: Notwithstanding anything to the contrary contained in the Contract Documents, OWNER may withhold any payment to CONTRACTOR hereunder if and for so long as CONTRACTOR fails to perform any of its obligations hereunder or otherwise is in default under any of the Contract Documents or there is an amount in dispute under a Work Change Directive; provided, however, that any such holdback shall be limited to an amount sufficient in the reasonable opinion of OWNER to cure any such default or failure of performance by CONTRACTOR, multiplied by 150%. OWNER shall not be deemed to be in breach of this Agreement by reason of the withholding of any payment pursuant to any provision of the Contract Documents if the Work for which payment is withheld shall have been rejected by any governmental authority, ENGINEER, OWNER, or OWNER's lender, if any. Sub -paragraph 3. 00810-13 Delete in its entirety. Paragraph 14.07 - Final Payment Sub -Paragraph B. - ENGINEER's Review of Application and Acceptance Add: Withholding of any amount due OWNER under Liquidated Damages, shall be deducted from the final payment due CONTRACTOR. Sub -paragraph C. - Payment Becomes Due Sub -paragraph 1. Add: Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that final settlement shall not be had, nor shall final payment be due or made, until after the Agreement has been fully performed and the Work thereof accepted by OWNER, OWNER's lender, if any, all applicable regulatory authorities, and ENGINEER. These are conditions precedent to any obligation of OWNER to make final payment. Paragraph 14.09 - Waiver of Claims Sub -paragraph A. Sub -paragraph 1. Delete in its entirety. Sub -paragraph 2. Renumber to 1. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION Paragraph 15.02 - OWNER May Terminate for Cause Sub -paragraph A. Sub -paragraph 1. Change: CONTRACTOR's persistent failure to perform To Read: CONTRACTOR's failure to perform 00810-14 ARTICLE 16 - DISPUTE RESOLUTION Paragraph 16.01 - Methods and Procedures Delete in its entirety and insert the following: Subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS Paragraph 17.07 - Waiver of Claims Insert the following new paragraph CONTRACTOR waives Claims against OWNER for consequential damages arising out of or relating to the Contract Documents. This waiver includes, without limitation, damages incurred by CONTRACTOR for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with the Contract Documents. Paragraph 17.08 - Workmanship Insert the following new paragraph The workmanship contemplated under the Contract Documents shall be first class in every respect. Paragraph 17.09 - Storm Water Pollution Prevention Plant (SWPPP). Insert the following new paragraph Add: CONTRACTOR shall comply with all Storm Water Pollution Prevention Plans (SWPPP) and other runoff plans, laws and ordinances. END OF DOCUMENT 00810-15 DOCUMENT NO.00820 BOND AND INSURANCE REQUIREMENTS .01 BOND REQUIREMENTS: Prior to commencement of the Work on the project, CONTRACTOR shall be required, at CONTRACTOR's expense, to comply with the following bond requirements: a. In accordance with Texas Government Code Chapter 2253, furnish CALHOUN COUNTY with a Performance Bond in the amount of the "TOTAL CONTRACT PRICE" indicated in the Proposal herein, conditioned upon the faithful performance of the Work in accordance with the Contract Documents. Said Bond shall be solely for the protection of CALHOUN COUNTY. b. In accordance with Texas Government Code Chapter 2253, furnish CALHOUN COUNTY with a Payment Bond in the amount of the "TOTAL CONTRACT PRICE", indicated in the Proposal herein, solely for the protection of all claimants supplying labor and material in the prosecution of the Work provided for in the Contract, for the use of such claimant, and specifically waiving any prepayment by CALHOUN COUNTY. .02 INSURANCE REQUIREMENTS Prior to commencement of the Work on the project, CONTRACTOR shall be required, at CONTRACTOR's expense, to secure and maintain the following insurance requirements for the entire term of this Agreement (including all Warranty Periods): a. Furnish the "OWNER", CALHOUN COUNTY with a Certificate of Insurance, containing a THIRTY -DAY CANCELLATION CLAUSE, showing CONTRACTOR as the named insured and naming CALHOUN COUNTY as an additional insured for all insurance requirements, and showing at least the following coverages: 1. Workers' Compensation and Employers' Liability CONTRACTOR shall have (or purchase) and shall maintain in force during the duration of the Work, the following coverages with at least the corresponding limits. A. Compensation B. Employers Liability 00820-1 State and Federal Statutory Limits $1,000,000 C. Additional Workers' Compensation Insurance Coverage Requirements (1) Definitions (a) Certificate of Coverage ("Certificate") Certificate of Coverage, or "Certificate", shall be construed to mean a copy of a Certificate of Insurance, a Certificate of Authority to self -insure issued by the TWCC, or a Coverage Agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage of CONTRACTOR's employees providing services on a project, for the duration of the project. (b) Duration of the Project Duration of the project shall be construed to mean the time from the beginning of the Work on the project until CONTRACTOR's work on the project has been completed and accepted by OWNER. (c) Persons providing Services on the Project ("Subcontractor" in 0406.096) Persons providing services on the project, "Subcontractor", shall be construed to mean all persons or entities performing all or part of the services CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. 00820-2 (d) Services Services shall be construed to mean, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services shall not be construed to mean activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (e) TWCC TWCC shall stand for the Texas Workers' Compensation Commission. (2) CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011(44) for all employees of CONTRACTOR providing services on the project, for the duration of the project. (3) CONTRACTOR must provide a certificate of coverage to OWNER prior to being awarded the Contract. (4) If the coverage period shown on CONTRACTOR's current certificate of coverage ends during the duration of the project, CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. (5) The CONTRACTOR shall obtain from each person providing services on a project, and provide to O WNER the following. (a) A certificate of coverage, prior to that person beginning work on the project, so OWNER will have on file certificates of coverage showing coverage for all persons providing services on the proj ect. (b) No later than seven (7) days after receipt by CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (6) CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. (7) CONTRACTOR shall notify OWNER in writing by certified mail or personal delivery, within ten (10) days after CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. (8) CONTRACTOR shall post on each project site a notice informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of or failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other TWCC rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be as follows without any additional words or changes. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." (9) CONTRACTOR shall contractually require each person with whom CONTRACTOR contracts to provide services on a project to do the following. 00820-4 (a) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 0 401.011(44) for all of its employees providing services on the project, for the duration of the proj ect. (b) Provide CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. (c) Provide the CONTRACTOR prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (d) Obtain from each other person with whom it contracts, and provide to CONTRACTOR the following: i. A certificate of coverage, prior to the other person beginning work on the project. ii. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (e) Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter. (f) Notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 00820-5 2. (g) Contractually require each person with whom it contracts, to perform as required by paragraphs (a)- (g), with the certificates of coverage to be provided to the person for whom they are providing services. (10) By signing this Contract or providing or causing to be provided a certificate of coverage, CONTRACTOR is representing to OWNER that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the TWCC's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. (11) CONTRACTOR's failure to comply with any of these provisions is a breach of contract by CONTRACTOR which entitles OWNER to declare the Contract void if CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from OWNER. Commercial General Liability CONTRACTOR shall have, (or purchase) and shall maintain in force during the duration of the Work, coverage for the hazard of explosion, collapse and underground shall be included. Coverage for independent contractor's liability, contractual liability, products/completed operations liability, personal injury and broad form property damage shall also be included. Completed operations liability shall be kept in force for at least one (1) year after the date of final completion. Coverages shall have at least the following limits. A. General Aggregate $2,000,000 B. Products -Completed Operations Aggregate $1,000,000 C. Personal and Advertising Injury $15000,000 D. Each Occurrence $1,000,000 00820-6 3. 0 5. Ne E. Fire Damage ADDITIONAL Insured $ 50,000 ALL POLICIES (Except for Workman's Compensation/Employers Liability) will name CALHOUN COUNTY as an additional insured for all insurance requirements, by policy endorsement, along with CALHOUN COUNTY's Employees and OWNER's Engineer as ADDITIONAL INSURED and must provide coverage to the maximum extent permitted by law. The additional insured endorsements shall be on the ISO CG2010 11185 form or CG 2010 (10/93) in combination with CG 2037 of CG 2033, or suitable form equivalent. Automobile Liability CONTRACTOR shall have (or purchase) and shall maintain in force, for the duration of the Work, coverage cars and trucks owned, rented, hired, or leased, and others of non -ownership nature used by employees in and around or in connection with the particular Contract. Coverage shall have at least the following limit Combined Single Limit Builders Risk Insurance $1,000,000 CONTRACTOR shall have (or purchase) and shall maintain in force during the duration of the Work, coverage for, but not limited to, fire, lightning, windstorm, tornado, hurricane, and hail. Coverage shall be in the amount of 100 percent complete value basis on the insurable portions of the project for the benefit of OWNER, CONTRACTOR, and all subcontractors, as their interests may appear. Deductible No deductible on any coverage in excess of $500.00 per occurrence is acceptable. b. In the event OWNER is notified of cancellation of all or any part, OWNER may stop all Work on the Contract or secure insurance at its will and charge CONTRACTOR the cost thereof deducting the cost from CONTRACTOR's funds. END OF DOCUMENT 00820-7 DOCUMENT NO.00821 EQUAL EMPLOYMENT OPPORTUNITY .01 DISCRIMINATION: a. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONTRACTOR will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 00821-1 .02 e. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. SUBCONTRACTS: a. CONTRACTOR shall cause the provisions herein to be inserted in all subcontracts for any Work covered by this Contract or in all purchase orders unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions shall be binding upon each subcontractor or vendor. b. CONTRACTOR shall take such action with respect to any subcontract or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. 00821-2 C. CONTRACTOR shall not enter into any subcontract with any person or firm debarred from Government contracts. .03 MINORITY/FEMALE PARTICIPATION GOALS: a. A single goal for minorities and a separate single goal for women has been established below. The goals for minority and female participation for each trade for the duration of this Contract shall be applicable to all the CONTRACTOR's construction work (whether or not it is Federal or federally assisted) performed in the covered area. b. The goal for minority participation for each trade for the duration of this Contract is 27.4%. C. The goal for female participation for each trade for the duration of this Contract is 6.9%. d. CONTRACTOR, however, is required to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. .04 OPPORTUNITY FOR EQUAL EMPLOYMENT: a. CONTRACTOR shall take affirmative actions to ensure equal employment opportunity. The evaluation of CONTRACTOR's compliance with these Specifications shall be based upon CONTRACTOR's effort to achieve maximum results from its actions. b. CONTRACTOR is encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. C. To the greatest extent feasible, CONTRACTOR shall provide opportunities for training and employment to lower income residents of the project area, and to endeavor to sub -contract work in connection with the project to business concerns which are located, or owned in substantial part by persons residing in, the project area. d. CONTRACTOR shall cause the same provisions relating to lower income residents and local business concerns to be inserted into all subcontracts for any Work covered by this Contract. .05 REQUIRED NOTICES: CONTRACTOR shall send to each labor union or representative of workers with whom he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONTRACTOR's commitments under Section 202 of Executive Order No. 11246, as amended (3 CFR 169 (1974)), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 00821-3 .06 COMPLIANCE REGULATIONS: a. CONTRACTOR shall comply with all provisions of Executive Order No. 11246, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. b. CONTRACTOR shall furnish all information and reports required by Executive Order No. 11246, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. C. In the event of CONTRACTOR's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated, or suspended in whole or in part, and CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246, as amended, or by rules, regulation or orders of the Secretary of Labor, or otherwise provided by law. .07 LIMITATION CLAUSE: Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. I rA 00821-4 DOCUMENT NO.00822 NON -SEGREGATED FACILITIES REQUIREMENTS .01 DEFINITION: Segregated Facilities means any waiting rooms, work areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. .02 REQUIREMENTS: a. Segregated facilities shall not be provided or maintained by CONTRACTOR for employees at any of CONTRACTOR's establishments. b. CONTRACTOR's employees shall not be permitted any segregated facilities at any of CONTRACTOR's establishments. C. CONTRACTOR shall not permit employees to perform their services at any location, under CONTRACTOR's control, where segregated facilities are maintained. END OF DOCUMENT 00822-1 DOCUMENT NO.00823 STATUTORY REQUIREMENTS CLEAN AIR AND WATER ACTS: a. In compliance with the Clean Air Act, as amended, 41 U.S.C. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, CONTRACTOR agrees to the following conditions. 1. Any facility to be utilized in the performance of this Contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2. CONTRACTOR shall comply with all requirements of Section 114 of the Clean Air Act, as amended. 3. Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in these Specifications. b. CONTRACTOR encounters existing material on sites owned or controlled by OWNER or in material sources that are suspected by visual observation or smell to contain hazardous materials, CONTRACTOR shall immediately notify ENGINEER and OWNER. OWNER will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by OWNER. OWNER may suspend the Work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by OWNER. END OF DOCUMENT 00823-1 DOCUMENT NO.00830 Page 1 of 5 PREVAILING WAGE RATE General Decision Number: TX160066 01/08/2016 TX66 Superseded General Decision Number: TX20150066 State: Texas Construction Type: Heavy Counties: Aransas, Austin, Calhoun and Goliad Counties in Texas. HEAVY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 SUTX2005-023 09/08/2005 Rates Asphalt Distributor Operator ..... $ 12.57 Asphalt paving machine operator.........................$ 11.60 Asphalt Raker ....................$ 10.63 Asphalt Shoveler .................$ 9.23 Broom or 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, Derrick, Dragline, Shovel Operator .........................$ 12.00 Fringes 00830-1 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=O 3/30/2016 Page 2 of 5 Flagger..........................$ 8.60 Form Builder/Setter, Structures .......................$ 10.51 Form Setter, Paving & Curb ....... $ 9.48 Foundation Drill Operator, Truck Mounted ....................$ 14.58 Front End Loader Operator ........ $ 10.62 Laborer, common ..................$ 8.91 Laborer, Utility .................$ 9.21 MECHANIC .........................$ 12.18 Motor Grader Operator Fine Grade ............................$ 15.15 Motor Grader Operator Rough ...... $ 12.95 Pavement Marking Machine Operator.........................$ 13.32 Pipelayer........................$ 9.71 Roller Operator, Pneumatic, Self -Propelled ...................$ 8.90 Roller Operator, Steel Wheel, Flat Wheel/Tamping...............$ 9.30 Roller Operator, Steel Wheel, Plant Mix Pavement ...............$ 10.59 Scraper Operator .................$ 9.85 Servicer .........................$ 11.18 Spreader Box Operator ............ $ 13.00 Traveling Mixer Operator ......... $ 12.67 Truck Driver Single Axle Heavy...$ 10.87 Truck Driver Single Axle, Light ............................$ 10.85 Truck driver, lowboy -Float ....... $ 13.70 Truck Driver, Tandem Axle, Semi -Trailer .....................$ 10.05 Work Zone Barricade Servicer..... $ 9.63 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing 00830-2 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 Page 3 of 5 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 (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 cited type(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 a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. 00830-3 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 Page 4 of 5 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) 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.) 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 Branch 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 2.) 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 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 00830-4 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 Page 5 of 5 200 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. 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 00830-5 http://www.wdol.gov/wdol/scafiles/davisbacon/TX66.dvb?v=0 3/30/2016 TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS: 01025 Application for Payment Requirements 01340 Shop Drawings, Product Data, and Samples 01410 Inspection, Testing, and Guarantee 01500 Temporary Facilities 01700 Contract Closeout Requirements DIVISION 2 - SITE WORK: 02050 Demolition 02300 Pile Driving DIVISION 3 - CONCRETE: 03300 Cast -In -Place Concrete DIVISION 6 - WOOD AND PLASTICS: 06100 Carpentry END OF TABLE Wage I of I !ILYA P-J Lel E General DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025 - APPLICATION FOR PAYMENT REQUIREMENTS In order for CONTRACTOR to receive Progress Payments under the Contract, the following items shall be submitted to ENGINEER for review. a. An Application for Payment, certified and sworn as correct by CONTRACTOR, in accordance with Article 14.02.A.1 of the General Conditions, unless otherwise amended by the Supplementary Conditions, b. A sworn certification of no claims and appropriate waivers of liens in accordance with Article 14.02.A.2 of the General Conditions, unless otherwise amended by the Supplementary Conditions. Such certification and waivers shall be as found herein as the "CONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT", and if applicable, the "SUBCONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT". 01025-1 CONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT THE STATE OF TEXAS § COUNTY OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from CALHOUN COUNTY (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at Alamo, Magnolia and Indianola Beaches (location) to the following extent: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD (job description). This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to CALHOUN COUNTY (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). (CONTRACTOR'S NAME) Signed By: Print Name: Title: 01025-2 SUBSCRIBED AND SWORN TO BEFORE ME by , 20 , to certify which witness my hand and seal of office. Notary Public, State of Texas No 01025-3 SUBCONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT THE STATE OF TEXAS § COUNTY OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easement of CALHOUN COUNTY (owner) located Alamo, Magnolia and Indianola Beaches (location) to the following extent STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD (job description). This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). (SUBCONTRACTOR'S NAME) Signed By: Print Name: Title: 01025-4 SUBSCRIBED AND SWORN TO BEFORE ME by , on , 20 , to certify which witness my hand and seal of office. Notary Public, State of Texas END OF SECTION 01025-5 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES .01 GENERAL: a. Submit shop drawings, product data and samples required by specification sections. b. Shop drawings, product data and samples are not considered a part of Contract Documents. C. Schedule submissions at least 10 days before reviewed submittals will be needed. .02 CONTRACTOR RESPONSIBILITIES: a. Review shop drawings, project data and samples prior to submission. b. Verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and other data. 4. Conformance with submission requirements. C. Coordinate each submittal with Contract Documents and the work requirements to prevent any delay in the work. d. CONTRACTOR's responsibility for errors and omissions is not relieved by ENGINEER's review of submittals. e. At time of submission and in writing, notify ENGINEER of submittal deviations from Contract Documents. f. CONTRACTOR's responsibility for deviations from Contract Documents is not relieved by ENGINEER's review of submittals, unless ENGINEER gives written acceptance of specific deviations. g. Begin no Work related to submittals until return of submittals with ENGINEER's stamp and initials or signature indicating review. h. Distribute copies after ENGINEER's review. 01340-1 .03 ENGINEER'S DUTIES: a. Review submittals with reasonable promptness to prevent any delay in the Work. b. Review for conformance with: l . Design concept of project. 2. Contract Documents. C. Review of a separate item does not constitute review of an assembly in which the item functions. d. Return to CONTRACTOR those submittals which do not meet the requirements and require correction and resubmission. e. Affix stamp and initials or signature certifying review of submittal. f. Return reviewed submittals to CONTRACTOR for distribution. .04 PREPARATION REQUIREMENTS: a. Shop Drawings: l . Preparation by a qualified detailer. 2. Sheet size same as Contract Drawings. 3. Identify details by reference to sheet and detail numbers on Contract Drawings. 4. Include on the drawing all information required for submission or prepare a transmittal letter. 5. Prepare one reproducible transparency and one opaque print of each shop drawing. b. Product Data: 1. Modify manufacturer's standard schematic drawings to delete or supplement information as applicable. 2. For manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other descriptive data: (a) Clearly mark each copy to identify pertinent materials, products or models. 01340-2 (b) Show dimensions and clearances required. (c) Show performance characteristics and capacities. (d) Show wiring diagrams and controls. 3. Include on the data all information required for submission or prepare a transmittal letter. 4. Prepare number of copies which the CONTRACTOR requires for distribution plus two copies to be retained by ENGINEER. C. Samples: 1. Obtain office samples of sufficient size and quantity to clearly illustrate: (a) Functional characteristics of products or materials with integrally related parts and attachment devices. (b) Full range of color samples. 2. Erect field samples and mock-ups at the project site in an acceptable location. Construct each sample complete, including work of all trades required in finished work. 3. Include on transmittal letter all information required for submission. 4. Prepare the number of samples specified in specification sections. .05 SUBMISSION REQUIREMENTS: a. Submit shop drawings, product data and samples in the form and quantity specified. b. Accompany submittals with a transmittal letter in duplicate, as required. C. Include the following information for each submittal: 1. Date and revision dates. 2. Project title and number. 3. The names of: (a) ENGINEER (b) CONTRACTOR (c) Subcontractor (d) Supplier (e) Manufacturer (f) Separate detailer when pertinent. 01340-3 .06 .07 4. Identification of product or material. 5. Relation to adjacent structure of materials. 6. Field dimensions clearly identified as such. 7. Specification section number. 8. Applicable standards, such as ASTM number or Federal Specification. 9. A blank space, 4" x 4", for ENGINEER's review stamp. 10. Identification of deviations from Contract Documents. 11. CONTRACTOR's stamp, initialed or signed, certifying review of submittal, verification of field measurements and compliance with Contract Documents. RESUBMISSION REQUIREMENTS: a. Shop Drawings: 1. Revise initial drawings as required and resubmit as specified for initial submittal. 2. Indicate on drawings any changes which have been made other than those requested by ENGINEER. b. Product Data and Samples: Submit new data and samples as required for initial submission. DISTRIBUTION AFTER REVIEW: a. Distribute copies of shop drawings and product data which carry ENGINEER's stamp to: 1. CONTRACTOR's file 2. Job site file 3. Record document file 4. Other prime CONTRACTORS 5. Subcontractors 6. Supplier 7. Fabricator b. Distribute samples as directed. After review, samples may be used in construction. END OF SECTION 01340-4 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01410 - INSPECTION, TESTING AND GUARANTEE .01 GENERAL: These requirements supplement those provided under Article 13 of the General Conditions. .02 INSPECTION: a. Inspector: A representative of ENGINEER or OWNER will be assigned authority to observe and inspect the Work. b. Working Days: Inspectors are not required to work on Saturdays, Sundays or legal holidays. If CONTRACTOR plans work on a Saturday, Sunday or legal holiday, prior arrangements should be made for an inspector not later than 2:00 p.m. on the working day before the Saturday, Sunday or legal holiday. C. Uninspected Work: Any Work performed on Saturday, Sunday, or a legal holiday without benefit of any inspection may require removal and replacement if directed by ENGINEER. Removal and replacement will be completed at no additional cost. .03 TESTING: a. The cost of preparing and testing, and the cost of other laboratory services required for establishing the concrete mix, and redesigning the mix, if necessary, shall be borne by CONTRACTOR. b. CONTRACTOR shall furnish at his own expense, suitable evidence that all the materials he proposes to incorporate into the Work are in accordance with the Specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe and fittings, when it is definite that the materials being furnished is that to which the test results apply. Should CONTRACTOR fail to provide the above information, ENGINEER shall have the right to require tests to be made by OWNER's laboratory to obtain the information and the cost therefore shall be borne by CONTRACTOR. C. In any event, ENGINEER may have further tests made by commercial laboratory, or may make tests himself, to insure that the Specifications are complied with by CONTRACTOR. Costs of these tests will be borne by OWNER. 01410-1 .04 GUARANTEE: a. CONTRACTOR shall deliver to ENGINEER upon completion of all Work under the Contract his written guarantee, in the form of SECTION 01700 - CONTRACT CLOSEOUT REQUIREMENTS, made out to OWNER, guaranteeing all of the Work under the Contract to be free from faulty materials in every particular and free from improper workmanship; and against injury from proper and usual wear; and agreeing to replace or to re -execute without cost to OWNER such Work as may be found to be improper or imperfect; and to make good all damage caused to other Work or materials, due to such required replacement or re -execution. This guarantee shall be made to cover a period of one (1) year from the date of completion of all Work under this Contract, as evidenced by ENGINEER's final certificate. This guarantee must be furnished to ENGINEER and approved by him before acceptance and final payment is made. b. CONTRACTOR shall provide OWNER with copies of all guarantees or warranties which have been made to CONTRACTOR by suppliers or subcontractors as required hereunder, together with an assignment of such warranties and guarantees to OWNER; however, such assignment shall not relieve CONTRACTOR of the responsibility (stated in subparagraph a. above) in case of failure of subcontractors or suppliers to fulfill the provisions of such warranties or guarantees. C. Neither the final certificate, nor payment, nor any provision in the Contract Documents shall relieve CONTRACTOR of responsibility for neglect of faulty materials or workmanship during the period covered by the guarantee. END OF SECTION 01410-2 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500 - TEMPORARY FACILITIES .01 FIELD OFFICE: If CONTRACTOR is required (or is so inclined) to provide a Temporary Field Office, said office shall be placed, unless otherwise approved in writing, at a site selected by CONTRACTOR and approved by ENGINEER. The building shall be weatherproof and be provided with doors and locks, electric illumination and adequate ventilation. The floor of the building shall be raised above the ground. A complete set of Contract Drawings and Specifications shall be kept in the temporary office throughout the construction period and shall be accessible for use by OWNER and ENGINEER. The building shall be maintained in a clean condition throughout the Contract period and shall be removed from the site upon completion of all Work. .02 SANITARY FACILITIES: CONTRACTOR shall make all arrangements and furnish all materials required to obtain any needed sanitary facilities and to satisfy the requirements of local or state health authorities, ordinances, and laws. .03 STORAGE OF MATERIALS: a. No materials shall be stored nor shall any equipment be parked on adjacent property without the expressed consent of owner of the property concerned. b. Secure and watertight storage facilities of suitable size with floors raised above the ground shall be provided for materials liable to damage from exposure to the weather. Other materials shall be stored on blocks off the ground. Materials shall be so placed as to permit easy access for inspection and identification. Any material which has deteriorated, become damaged, or otherwise unfit for use, shall not be used in the Work, and shall be immediately removed from the site by CONTRACTOR. Upon completion of all Work or when directed, CONTRACTOR shall remove storage facilities from the site. .04 TEMPORARY UTILITIES: CONTRACTOR shall arrange for and secure all temporary connections for water, electricity, gas and other services needed by him for the proper execution of his operations. Costs for these services shall be paid for by CONTRACTOR. 01500-1 .05 BARRICADES AND WARNINGS: a. The safety of the public shall of primary importance during construction. In all respects provisions for public safety shall be CONTRACTOR's responsibility. b. Should conditions be such that the public safety is involved, the Contractor shall provide warning lights which shall be kept burning between the hours of sunset and sunrise. Barricades and warnings shall be in accordance with Item 502, "Barricades, Signs and Traffic Handling" of the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, as adopted by the Texas Department of Transportation (June 2004 edition). END OF SECTION 01500-2 DIVISION 1- GENERAL REQUIREMENTS SECTION 01700 -CONTRACT CLOSEOUT REQUIREMENTS Before final acceptance by OWNER, the following items must be submitted and accepted by ENGINEER: a. Final Inspection completed b. Bound manuals of servicing or operating instructions with recommended lubricants for all equipment C. One (1) set of constructions plans, with variations from originals and as -built conditions duly noted d. CONTRACTOR's Guarantee. CONTRACTOR shall deliver to OWNER, upon completion of all Work, his written guarantee, found herein as "CONTRACTOR'S GUARANTEE". This guarantee shall be made to cover a period of one (1) year from the date of completion of all Work, and must be furnished to and approved by OWNER before acceptance and final payment is made. Neither the final payment, nor any provision stated above, shall relieve CONTRACTOR of responsibility for neglect of faulty materials or workmanship during the period covered by the guarantee. e. All other guarantees and warranties properly assigned to OWNER CONTRACTOR shall provide OWNER with copies of all guarantees or warranties which have been made to CONTRACTOR by suppliers or subcontractors, together with an assignment of such warranties and guarantees to OWNER; however, such assignment shall not relieve CONTRACTOR of the responsibility (stated in his guarantee) in case of failure of subcontractors or suppliers to fulfill the provisions of such warranties or guarantees. Neither the final payment, nor any provision stated above, shall relieve CONTRACTOR of responsibility for neglect of faulty materials or workmanship during the period covered by the guarantee. f. CONTRACTOR's Conditional Waiver and Release on Final Payment CONTRACTOR shall deliver to OWNER, upon completion of all Work, a final sworn certification of no claims and waiver of liens in accordance with Article 14.07 of the General Conditions, unless otherwise amended by the Supplementary Conditions. Such certification and waiver shall be found herein as the "CONTRACTOR's CONDITIONAL WAVIER AND RELEASE ON FINAL PAYMENT", and if applicable, the "SUBCONTRACTOR'S CONDITIONAL WAVIER AND RELEASE ON FINAL PAYMENT". g. Final Application for Payment. 01700-1 CONTRACTOR's GUARANTEE I, , being of (hereinafter called "CONTRACTOR"), do hereby make the following statements to CALHOUN COUNTY (hereinafter called "OWNER") in relation to the completed project known as STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD. I guarantee... That all of the completed Work is free from faulty materials in every particular, That all of the completed Work is free from improper workmanship, and That no injury will occur from proper and usual wear, That OWNER has been assigned all guarantees and/or warranties originally made to CONTRACTOR by suppliers and subcontractors, if any. (Such assignment does not relieve CONTRACTOR of the responsibility stated in each guarantee and/or warranty in case of failure of suppliers or subcontractors to fulfill the provisions of such guarantees and/or warranties.) I agree... That the execution of the final certificate or the receipt of the final payment does not relieve CONTRACTOR of the responsibility for neglect of faulty materials or workmanship during the period covered by this Guarantee, To replace or to re -execute without cost to OWNER such Work as may be found to be improper or imperfect, and To make good all damage caused to other Work or materials, due to such required replacement or re -execution. This Guarantee is in effect as of the day of cover a period of ONE (1) FULL YEAR from said effective date. (CONTRACTOR) Signed By: Print Name/Title: Date; 20 , and shall 01700-2 CONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT THE STATE OF TEXAS § COUNT' OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from CALHOUN COUNTY (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at Alamo, Magnolia and Indianola Beaches, (location) to the following extent: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Yob description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to CALHOUN COUNTY (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. 01700-3 (CONTRACTOR) Signed By:. Print Name: Title: SUBSCRIBED AND SWORN TO BEFORE ME by , on , 20 , to certify which witness my hand and seal of office. Notary Public, State of Texas My Commission Expires: 01700-4 SUBCONTRACTOR's CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT THE STATE OF TEXAS § COUNTY OF § Project: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD Job No. 9115.023 On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at Alamo, Magnolia and Indianola Beaches, (location) to the following extent: STORM DAMAGE REPAIRS FOR FISHING PIERS, COURTESY DOCKS AND BULKHEAD (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. 01700-5 (SUBCONTRACTOR) Signed By:. Print Name: Title: SUBSCRIBED AND SWORN TO BEFORE ME by . on , 20_, to certify which witness my hand and seal of office. Notary Public, State of Texas My Commission Expires: END OF SECTION END OF DIVISION 01700-6 DIVISION 2 DIVISION 2 - SITE WORK SECTION 02050 - DEMOLITION .01 GENERAL: The Work covered under this Section shall be as indicated on the Drawings and as specified herein. Demolition required for this Work includes, but is not limited to: a. Constructing temporary barriers around objects designated to remain. b. Demolition and removal of structures. C. Disconnecting and removing existing utility lines on the site except those designated to remain. d. Removal of debris. .02 JOB CONDITIONS: a. Burning: On -site burning will not be permitted. b. Protection: Use all means necessary to protect existing objects designed to remain and, in the event of damage, immediately make all repairs and replacements necessary to the approval of ENGINEER at no additional cost to OWNER. .03 MATERIALS: All materials, required for proper completion of the Work of this Section, shall be selected by CONTRACTOR subject to the approval of ENGINEER. .04 PREPARATION: a. Notification: Notify ENGINEER at least two full working days prior to commencing the Work of this Section. b. Site Inspection: 1. Prior to all Work of this Section, carefully inspect the entire site and all objects designated to be removed and to be preserved. 02050-1 2. Locate all existing utility lines and determine requirements for disconnecting and capping. 3. Locate existing active utility lines traversing the site and determine the requirements for their protection. C. Clarification: 1. The Drawings do not purport to show all objects existing on the site. 2. Before commencing the Work of this Section, verify with ENGINEER all objects to be removed and all objects to be preserved. d. Scheduling: 1. Schedule all Work in a careful manner with all necessary consideration for neighbors and the public. 2. Avoid interference with the use of, and passage to and from, adjacent buildings and facilities. e. Disconnection of Utilities: Before starting site operations, disconnect or arrange for the disconnection of all utility services designated to be removed; performing all such Work in accordance with the requirements of the utility company or agency involved. f Protection of Utilities: Preserve in operating condition all active utilities traversing the site and designated to remain. .05 DEMOLITION OF STRUCTURES. - Demolish all buildings designated for demolition, pulling out all foundations and concrete slabs; remove all existing pavement designated to be removed. .06 OTHER DEMOLITION: Pull out all existing utility lines designated for abandonment, and all other objects designated to be removed. .07 CONSTRUCTION OF BARRICADES: a. Materials: Unless otherwise specifically approved by ENGINEER, use only new and solid lumber of Utility grade (or better) to construct temporary barricades around the objects designated to remain. 02050-2 b. Layout: 1. At all objects designated to be preserved, construct a temporary barricade. 2. Make barricades at least three (3) feet high, consisting of 2" X 4" (or larger) posts, set at least 18 inches into the ground at not more than six (6) feet on centers, joined at the top by 1 " X 6" (or larger) boards firmly nailed to the posts. C. Protection: 1. Take special care, in setting posts, to not damage tree roots. 2. Do not permit stockpiling of materials or debris within the barricaded area, nor permit the earth's surface to be changed in any way except as specifi- cally approved by ENGINEER. .08 REMOVAL OF DEBRIS: CONTRACTOR shall be responsible for removal and disposal of all debris from the site, and leave the site in a neat and orderly condition to the approval of ENGINEER. END OF SECTION 02050-3 DIVISION 2 - SITE WORK SECTION 02300 - PILE DRIVING .01 GENERAL a. This section shall govern the provision of equipment for and the methods to be used in driving all piling other than sheet piling. b. The requirements herein are a minimum. C. Strict compliance with these requirements will not relieve CONTRACTOR of the responsibility of adopting whatever additional provisions may be necessary to insure the successful completion of the Work. .02 PRODUCTS: Materials - Piling shall be as called for on the Drawing and/or applicable Specification. tI l a. Tolerances for Driving 1. Piling shall be driven to the lines and grades shown on the Drawings. 2. Maximum variation from planned pile head location shall be 3 inches. 3. Maximum variation from plumb for vertical piling shall be 1/4" per foot of pile length. Allowable variation from required batter for batter piling shall be 1/2" per foot of pile length from the required angle. 4. Piling shall be driven using templates or other means necessary in order to comply with the above tolerances. b. Protection of Pileheads 1. A structural steel driving head suitable for the type and size of piling being driven shall be used. The driving head shall be large enough to allow free rotation of pile head. A tight fitting head will not be permitted. 2. For concrete piling, a cushion block shall be provided between the driving head and the top of the pile. It shall be a minimum of 4 in. thick for short piling (50 ft. or less) and at least 6 in. thick for longer piling. The cushion block shall be multiple layers of one of the following: 02300-1 A. 3/4 in. or 1 in. structural grade southern pine or fir plywood. B. Green oak or gum with the grain of the wood horizontal. C. Other material which has been approved by ENGINEER. 3. Careful attention shall be given to the condition of the cushion material. Generally, one block shall not be used to drive more than three piling but shall be changed more frequently, if necessary, to prevent damage. C. Driving Equipment 1. The driving of piling shall be done with power hammers unless gravity hammers are specifically permitted by the Drawings. 2. The size of hammer shall comply with Table 1. Table 1 Size of Driving Equipment MINIMUM MAXIMUM MINIMUM WEIGHT RAM HAMMER OF RAM STROKE ENERGY TYPE TYPE HAMMER (LBS) (FT) (FT-LBS) Steel H Steam, Air, Hydraulic 3000 4 250 R or 2'/2 Diesel 2000 8 WP whichever is larger Pipe Steam, Air, Hydraulic 3000 4 Diesel 2000 8 Concrete Steam, Air, Hydraulic 3000 but not 4 250 R but no less than I less than''/a WP ft-lb per lb of pile wt. Diesel (See Notes 3 & 4) 2700 but not 8 less than'/a WP NOTES: I. R = Design load in tons. 2. WP = Weight of pile in pounds based on plan length. 3. Minimum hammer energy for pipe piling with plan lengths over 65 ft. shall be 430 R. 4. Diesel hammers with less ram weight and/or greater ram stroke may be permitted if a wave equation analysis indicates that the combination of ram weight, stroke, and cushioning will not overstress the piling. 3. When gravity (drop) hammers are used, the height of drop shall be regulated to avoid injury to the piling and shall in not case exceed the maximum drop shown in Table 1. CONTRACTOR shall furnish ENGINEER a certified public scale weight of the hammer to be used. 4. Concrete piling shall not be subjected to excessive stress caused by the combination of a particular hammer with the given soil conditions. To control stress in concrete piling during driving, ENGINEER may require: A. Increase in cushion thickness. 02300-2 B. Reduction of ram stroke. C. Reduced ram stroke for driving through very soft soil and longer ram stroke as soil resistance increases. D. Combination of increased thickness and reduced ram stroke. E. Heavier ram with a shorter stroke to obtain the desired driving energy. F. Combination of increased cushion thickness and heavier ram with shorter stroke. G. Use of pilot holes or jetting when driving through hard or alternating hard and soft strata. 5. All test piling in a particular structure or any approved segment thereof shall be driven with the same hammer. The same type and size hammer shall be used to drive the remainder of the piling in the structure or approved segment thereof that was used to drive the test piling. 6. Pile drivers shall be equipped with leads which are constructed to afford freedom of movement of the hammer and provide adequate support to the pile during driving. The longitudinal axis of the leads, hammer, and pile shall coincide. Leads shall be held rigidly in position during driving. d. Penetration 1. Where minimum penetration is specified on the Drawings, the piling shall be driven to this elevation. If ENGINEER determines that sufficient pile bearing capacity is not attained in driving to this elevation, ENGINEER may order CONTRACTOR to redrive selected piles or continue driving the piles until the pile capacity is attained. Additional driving costs shall be paid for as authorized extras. CONTRACTOR shall not overdrive piles unless specifically directed to do so by the OWNER's ENGINEER. 2. Where no minimum penetration is shown on the Drawings and test piling are not used, piling shall be driven to such depths required to obtain the specified bearing resistance. 3. When test piling or test loads are used, subsequent pile lengths will be established by ENGINEER on the basis of these test data. These lengths shall then supersede all other requirements and will be considered lengths for minimum penetration. In these cases, piling shall be driven to this approximate elevation and to greater depths as required to obtain the specified bearing resistance. 1► 111101 4. When the specified penetration cannot be obtained by driving without damage to the piling, CONTRACTOR shall provide either pilot holes or jetting when authorized by ENGINEER. 5. Any piling raised when driving adjacent piling shall be redriven. 6. Broken, split, or displaced piling shall be removed and replaced or corrected as directed by ENGINEER. e. Jetting 1. Jetting will be allowed only with prior approval of ENGINEER and when the specified penetration cannot be obtained by driving and other methods are not feasible. 2. Prior to jetting, CONTRACTOR shall submit details of the proposed methods to ENGINEER for approval. 3. For jetting operations, sufficient power shall be provided to simultaneously operate a minimum of two 1 1/2in. diameter pipes equipped with 3/4 in. nozzles at a pressure of 150 psi. f. Bearing Evaluation 1. Unless otherwise shown on the Drawings, the bearing resistance of piling will be determined by the following E.N.R. formulas: For gravity hammers: P = 2WH/(S+1.0) For Single -Acting Power Hammers: P = 2WH/(5+0.1) For Double -Acting Power Hammers: P = 2E/(5+0.1) where, P = Bearing Resistance in pounds. S = Average penetration in inches per blow for the last 20 blows. W = Weight of ram in pounds. H = Height of fall of ram in feet. E = Manufacture's rated energy in foot-pounds (for double-acting power hammers) x .85, OR The equivalent energy in foot-pounds, determined by a calibrated gage attached to the hammer and taken when the average penetration in inches per blow is determined (for enclosed ram diesel hammer). 02300-4 2. Pile Records A detailed and accurate record shall be kept by CONTRACTOR and OWNERs ENGINEER during the driving of all piles showing the following information for each pile driven: A. Identification number of the individual pile as shown on the pile driving plan. B. Date driven. C. Pile size. D. Length of pile below cutoff elevation. E. Tip elevation at termination of driving. F. Cutoff elevation. G. Ground surface elevation. H. Number of splices and location(s). I. Hammer -size and speed, manufacturer and rated energy. J. The number of blows required per foot of pile penetration throughout the entire length of pile and blows per inch for the final 6 inches of penetration. K. A description of any unusual circumstances affecting the driving of the particular pile such as redriving, heaving, obstructions, jetting, any breaks in driving continuity, etc. L. Total driving time. M. Type and dimensions of driving helmet, capblock and hammer cushion used. N. Groundwater conditions and pumping (if required). O. Temperature and weather conditions. P. The allowable load on the pile and the criteria for establishing the load. Q. Degree out-of-plumbness, vertical piles. Degree of batter, batter piles. R. The name and signature of the Pile Inspector (if other than a Registered Professional Engineer) responsible for pile driving certification. Any unusual or unexpected conditions encountered during driving installation shall be immediately reported to the OWNER's ENGINEER. g. Marking Piles Prior to driving, CONTRACTOR shall clearly mark all piles with lines one foot apart and with numerals every five feet. Piles shall be marked starting at a distance from the bottom of the pile not greater than the depth of water at the pile location. h. Pile Buildup If, at ENGINEER's direction, a pile is driven below the designated tip elevation and the final elevation of the pile head is below the required cutoff elevation, the pile section shall be built up to the required elevation in accordance with the Drawings and paid for as an authorized extra. If, however, a pile is driven below cutoff as a result of overdriving by CONTRACTOR, the cost of pile buildup shall be borne by CONTRACTOR. END OF SECTION END OF DIVISION 02300-6 Twi DIVISION 3 - CONCRETE SECTION 03300 - CAST -IN -PLACE CONCRETE .01 GENERAL: All concrete work, including reinforcing, forming, mixing, placing and curing shall conform to all requirements of ACI 301 (latest revision), "Specifications for Structural Concrete for Buildings", except as modified by the Supplemental Requirements below. The current issue of ACI 3 01 , is a part of this Specification and a minimum of one copy shall be in the project field office at all times. .02 SUPPLEMENTAL REQUIREMENTS: a. 2.1.2 Cement shall be Type I of ASTM C 150. b. 2.2 Air entraining admixtures shall be used in all exterior concrete. Admixtures containing soluble chlorides shall not be used. C. 3.2 4000 psi 28 day compressive strength for all Work unless otherwise noted. d. 5.2 Reinforcing bars shall be ASTM A615, 60 KSI yield grade deformed steel bars plain finish unless otherwise noted. e. 6.2.2 Expansion joint filler shall be of Preformed Bituminous expansion joint material (ASTM D994) 1/2" thick, unless otherwise noted and shall extend the full depth of the slab. f. 16.2 A testing service may be selected and paid for by OWNER. CONTRACTOR shall cooperate and assist as necessary in the taking, storing and curing of the samples. Cost of this assistance shall be included in the Bid. g. 16.7.4.4 Furnish copies of mill test reports to ENGINEER. END OF SECTION END OF DIVISION 03300-1 W..- =..or DIVISION 6 - WOOD AND PLASTICS SECTION 06100 - CARPENTRY .01 GENERAL: This work includes furnishing all materials and equipment, and performing all operations necessary to complete all carpentry work as indicated on the drawings and as specified herein. .02 SHOP DRAWINGS: Submit shop drawings of millwork showing size, materials, grain run, and methods of construction. .03 MEASUREMENTS: Verify all dimensions shown on drawings by taking field measurements; proper fit and attachment of all parts is required. Before commencing work, check all lines and levels indicated and such other work that has been completed. Should there be any discrepancies, immediately report it in writing to the Engineer. .04 COORDINATION: Coordinate work with other trades (electrical, mechanical, plumbing, etc.) and do all cutting and patching required to accommodate their work. Protect adjacent work. .05 DELIVERY AND STORAGE: a. Protect millwork during transit, delivery, storage and handling to prevent damage, and store within dry enclosed area. .06 GENERAL REQUIREMENTS: a. Grading Rules: Conform with all applicable requirements of American Lumber Standards "Simplified Practice Recommendation R-16", and to grading rules of manufacturer's association under whose rules the lumber is produced. b. Reference Standards: Conform with all requirements of U.S. Dept. of Commerce Commercial Standards and American Wood Preservers Association Standards, as they apply for rough carpentry. Millwork shall comply with applicable requirements of the Architectural Woodwork Institute "Quality Standards" for "Custom Grade". END OF SECTION END OF DIVISION 06100-1 J POINT LAVACA �" COMFORT BAY`3 ALCOA 1593 CON 00— 3084 COX 238 BAY NPORT LAVACA °LAVACA BAY COURTESY DO(:K ^� 1999� � -- LAVACA AT A[ AU i DrAnU BAY 9 238 BOAT PLAN VIE 7. DECK SCREWS (31 6 S.S. ) OF SUFFICIENT SIZE AND LENGTH SHALL DE USED TO SECURE WALKWAY 2433] SCALE: 1 = 20 DECKING® TWO (2) SCREWS PER BOARD @ EACH JOIST IS REQUIRED® SEE DETAIL 8 SHEET Cl-2- �i �Ci7ES°� DOCK AT �j MAGNOLIA BEACH 10 - 11 1 0 � ALAMO EST EXISTING NEW HAND IC I AP 8. PILOT HOLES MAY BE REQUIRED TO AVOID SPLITTING OF DECKING AND HANDRAIL MEMBERS BEACH BRIDGE GRADE ACCESS LANDING 2717 EL . 6. 0' + Be GENERAL MATERIAL SPECIFICATIONS® cr CD NEW PIER f8) 16' LG® PILES Ln Cl . MAGNOLIA B o�IA lst 20W 1« ALL TIMBER UTILIZED SHALL BE SOUTHERN YELLOW PINE OF THE SIZE, AND LENGTH L CD STREET \ 1 INDICATED ON THE DRAWINGS. ALL STRUCTURAL LUMBER (2x8. 2xl0, 2xl2, 3x8. 3xl2 4x8) FISHING SHALL DE FULL CUT SIZE ROUGH SURFACING ALL OTHER SHALL DE NOMINAL SIZE S4S LUMBER @ o r° U v 27,7 �co - " PIEREL. 3.0 NG'VD 29 � 2760 l°� MATAGOR[JA 4 ( 2� ALL BEAMS- JOIST AND OTHER STRUCTURAL LUMBER SHALL BE No. 1 GRADE. ALL OTHER SHALL z BAY BE No. 2 GRADE OR BETTER IN ACCORDANCE WITH A. I.T.C. CONTRACTOR SHALL SUBMIT MILL LL u C1a4 \ CERTIFICATIONS FOR ALL STRUCTURAL LUMBER® i cc LLJ vui INDIA OL � \ W � � r, `+ FISHING 0 GRADE EXIST. AREA �� 0 3e ALL TIMBER MATERIALS AND ALL PILES SHALL BE CCA TREATED IN ACCORDANCE WITH THE � � c ¢ PIER AS REQUIRED FOR A REQUIREMENTS OF AWPA STANDARD Cl, C3 AND C18. MINIMUM RETENTION SHALL BE AS L �.� SMOOTH FINISHED AREA INDICATED BELOW: c W t4) 12' LG- PILESV c - ,p MATERIAL SIZE RETENTIONLli E6) 14" Lt�� PILES - z L ' — — (D s O ro x 30' mS CCA EXISTING ° > co 0+00 1+00 BOTTOM TIMBER PILES 1!D"' +q6 CROSS BRACING 2 x 8 2®5 CCA 06 INDIANGLA DOUBLE PILE CAPS 2 x 12 2.5 CCA SECTION I E JOIST ON CRAB BRIDGE 3 x 12 2.5 CCA, 0 WHALER ON BULKHEAD 4 x 8 2.5 CCA x, CD rI' VICINITY PIER WALKWAY JOISTS 2 x 1t7J�6 CCA w L ALAMBEACOUWALKWAY ON PIERS 2 x 6 0.6 CCA w ,o SCALE 1 " = 600tD ` HOR I ZONTAL SCALE e 1 " = 20' -Q" HANDRAIL POST 4 x 4 0. 6 CCA ? L tVERTICAL SCALE: 1" ® 4J_0" WALKWAY AT BULKHEAD 3 x 8 0®6 CCA w Ln c � NOT SPECIFIED ABOVE ALL 0.6 CCA ,ON BOLT 2"x 10" JOIST TO 316 STAINLESS ANGLES f2 - 1/2" 4m ALL PILINGS REQUIRED FOR THE CONSTRUCTION OF THE PIERS SHALL BE CLASS A DIA x 3" LG 316 STAINLESS BOLTS. NUTS WASHERS PILINGS OF THE LENGTH INDICATED ON THE DRAWINGS AND SHALL BE IN ACCORDANCE 2" x 12" ROUGH SPLIT PILE CAP WITH A.S.A. SPECIFICATIONS D25-4T AND ASTM D-25. DISK STAMPED dd L-- _� " " 7 5s ALL HARDWARE INCLUDING BUT NOT LIMITED TO BOLTS. NUTS, WASHERS, DECK SCREWS4 MAGNOLIA BCH 2 x 10 x 2 N= 758230- 19 LG. BRACE 5 ANGLES OR OTHER REQUIRED SHALL BE 316 STAINLESS STEEL UNLESS NOTED OTHERWISE E= 279.21 21 __ ELa= 9@21 El ON THE DRAWING 6m ALL OTHER MATERIALS SHALL BE AS NOTEDI ON THE DRAWINGS OR INCLUDED IN THE LAND SPECIFICATIONS ffi N= 13396267 57 EXISTING BREAKWATER 2" x 6" E= 2758313.65 0 - —� ie'.'I BOLT 2""x10 JOIST AND °- DECKING IEL.= 4 - 6± ATPP �I 1.1 BRACF TO 316 STA I NLFSS `� py , - TRIM 2"xl O"x 27_0dd 2dl da d: Z21"211 x 2 1 dd x 9® la w ar da 2 x 8 PLAN 1 BRACE AS REQUIRED 2 U1 0 x 15"' LG CLIP t TYPO (TYPe) ROUGH JOIST m 5 1 -011 BOAT SupaFendFENDER/BUMPER = - -- 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ACTIVATING THE TEXAS ONE CALL SYSTEM FENDER/DUMPER ON BOTH SIDES 4 i 2) ��, 77 16 DIA LG PRIOR TO PERFORMING ANY EXCAVATION DR DRILLING ACTI'VITYSTATE WIDE NUMBER OF PIER. SEE tox _ .316 800-545-6005 PLAN MEWS O STAINLESS BOLT SNUTS WASHERS 2. CONCRETE FOR USE IN CONSTRUCTION OF LANDINGS SHALL BE GRADE 1 = 4000 PSI AT 28 DAYS. rT FOR LOCATION. l 3® ALL DIMENSIONS RELATING TO REINFORCING STEEL SHALL BE TD THE CENTER OF THE BARS 2" x 12" ROUGH UNLESS NOTED OTHERWISE. PILE CAP a A. REINFORCING BARS SHALL BE SUPPORTED, SPACED AND ACCURATELY SECURED IN PLACE BY BOLSTERS, SPACERS OR CHAIRS IN ACCORDANCE WITH SPECIFICATIONS FOR PLACING CLIP DETAIL 6 2 "xi 0" ROUGH JOIST REINFORCEMENT AND PLACING ACCESSORIES MEETING THE REQUIREMENTS OF THE ACI C1.2 �2)BI" DIA® 16"± LG MANUAL OF STANDARD PRACTICE FOR DETAILING REINFORCED CONCRETE STRUCTURES. vARIESQe4 NGVD29) - - - - - - - - - 316 x STAINLESS BOLTS 5® ALL EXTERIOR CONCRETE SURFACES SHALL RECEIVE A LIGHT BROOM TEXTURED SURFACE FINISH. — NUTS & WASHERS�� 101f DIA C�.. A TIMBER r� PILES ............................. �r JOSEPH A. JANDA ..........................:....� �1 �' 4 2 21 . � �OST�6.. # PROJECT ECT NO. 31 -81' 0 9115.023 SCALED AS SHOWN -TYlr--,*"ICALE-3ECT10"'N @ BOAT RAMPS 'Y DOCK JOSEPH A. A DA , P ® E. DWN, BY- CR SCALE: �°�'° 1 CHK9 BY: JJ 7 _0 td TEXAS SERIAL AL NO. 7 rDA TE DATE: 2/03/2016 SHT. NO. C1.0 21st STREET 10 I IN EDGE OF WATER — •- � EXIST. PIER — BEACH INDIANOLA 2 MONUMENT N= 13385361.20 E= 2767197.16 EL.= 5.19 FLAN VILW SCALE: 1 "= 20' 0+00 SECTION VIEW 11 +00 ( 64) 25' LG. PILES LES ON PIER ER AND T-HEAD 2+00 ( 2+10 21st STREET PIER HORIZONTAL SCALE: 1" = 20'-0" VERTICAL SCALE: 1" = 4'-0" 10 rel NOTE: ALL PILES SHALL BE A MINIMUM OF 10 FEET IN GROUND. 'f-- T-HEAD �J `j'— P I ER TO T-HEAD�1 `)�'-T -HE AD -� 10" D I A. PILE 2"x 12" PILE CAP .-2, x 12„ PILE CAP 2"x 10" BRACE- -6 `)�'--PIER TO T-HEAD--,,, SECTION VIEW INDIANOLA FISHING PIER HORIZONTAL SCALE: 1" = 20'-0" VERTICAL SCALE: 1" = 4'-0" 2 "x 8„ RAIL CAP W�.'m 4 "X4 " POST BOLTED TO 2"x10" ROUGH JOIST 2"x 10" JOIST �-T -HE AD -� 2 " x 12"—� PILE CAP `ram T-HEAD �f 2" x 10" x 1' LG. BRACE 2"x 10" BRACE HANDRAIL CORNERS DETAIL SCALE: 3,4' = 1'-0" (PLAN VIEW) 2"x 8" RAIL CAP BOLTED TO 2"x10" ROUGH JOIST END OF T-HEAD .." 3 W w z C) o w o_ C-) ui r cr Q w o z J W CO M (5D W � Q 10 \ N o aaaaa o, LDIT Ln z z�CD z N m 00 U J co N 0 m z w cn E w w U Lu m -4 m z i z = u a Q a E- 0 m v a 3 +0 0 w w 10 to -i F- t U -O N L a) z >- W > +, L O a- M O m O� 06 cr D (n m N N +' U N V x x C:) o D u , � z L 'iui > J 3 ,' cn t co Z W m N 00 - 2 "x 8" RAIL CAP END OF T-HEAD a"X4" POST 3OL TED TO RILE CAP %* JOSEPH A. JANDA �.............................. tt 42921 SQSTERt/�� JOSEPH A. JANDA . P.E. G & W ENGINEERS, INC. TEXAS SERIAL NO. 42921 DATE: Ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 2/03/2016 SHT. NO. C1.1 4' -83.A, 10" DIA. TIMBER PILES wo I 316 STAINLESS - STEEL #10 x 12 31/ " LG. SCREWS 10'-O" 1 ' -1 1 5•a" 1 ' -1 1 54' 11 -1 1 5'e 1 ' -1 1 5"e 1 ' -1 1 5,e 2" x 6" DECKING EL. 5.0' NGVD29 �aI m a la -1 WON �2 "x8 " ROUGH CROSS BRACING BOLT 6"x6" BLOCK BETWEEN CROSS BRACES AND INSTALL 2 SCREWS TO PREVENT BLOCK FROM ROTATING. USE 518' DIA. x 16" LG. 316 SS BOLT. NUT & 4" SO. x "4' THK. WASHER 8' -6" TYPICAL PIER SECTION FOR T—HEAD SCALE: 3�4' = 1-0" RAILBCAP /�I 2 x 4 RAIL ° 2 x 6 RAILS r2" x 4" SUPPORT BLOCK ORIENTATED AS SHOWN FOR 2" x 8" RAIL CAP ON HANDICAP ACCESSIBLE SECTION OF HANDRAIL. q x q SEE DETAIL 3 THIS SHEET. HANDRAIL POST 4 HANDICAP SUPPORT BLOCK NOT TO SCALE Lo I PM NIA T a N I >- 2-5le DIA. x 16" L 316 STAINLESS BOL NUTS & 4" SO. x 1� All NEE��N___ All •• u --mill — � �u ___n � No C c U C) c 1 i •' � •� 1 1 THK. WASHERS VARIES (0.4± NGVD29) N DECK SCREWS EACH SIDE. 2 TYPICAL HANDRAIL ELEVATION SCALE: 3,4' = 1' -0" o x 2"x6" DECKING �-1 i N 51� 2 1�4' TYP. SPACING 1 I.,2' (TYP.) -� 316 STAINLESS STEEL #10 x 12 x 31,*2' LG. SCREWS DECK FASTENING DETAIL SCALE: 1 112' = 1 '-0" 211x8" AT ANGLE Z Xt5 A I ANULt 2"x6„ 2„x4„ 4 "x4 " POST 2 "x6 " OPENING FOR WHEELCHAIR ACCESS or-2 „x6 „ 2„ x 12„ 6 2"x10" ROUGH -- ROUGH PILE CAP JOIST TI DIA. TMBER PILES , 6" x 6"x 14' LG. LIGHT POST 316 STAINLESS STEEL #10 x 12 x 3112' LG. SCREWS INTO 2"x4" HANDRAIL 2'-0" SPACING. (TYP.) 5' -1 1• " 2 +I N TYPICAL HANDICAP HANDRAIL ELEVATION SCALE: 3,4' = 1' -0" LG. 2" x 12" R( PILE CAP I / T `-INSTALL BLOCKING 6" x 6" LIGHT POST AS REQUIRED BETWEEN THE 6" x 6" POST AND THE 2" x 12" PILE CAP MEMBER. 2-5,8' DIA. x 16" LG 316 STAINLESS BOLTS. NUTS & 4" SO. x 114' THK. WASHERS 9 LIGHT POST BLOCKING DETAIL SCALE: 3,4' = 1'-0" (PLAN VIEW) 2 x 4 BOLT 2"x6" AND 2"X4" Q 2 } HANDRAILS TO 4"X4" POSTS � RA1 w/1 - 1�2' DIA. x 6" LG 316 STAINLESS STEEL 2 x 6 CARRIAGE HEAD BOLT. �n v co DECKII NUT. FLAT & LOCK WASHERS — _ 3a � ,. , _ 3� 1 , _ 3� „ N M M 1 9 1 9 a,. 9 a 2" x 6" 8 uo DECKING EL. 5.0' -- NGVD29 _ 2 "x 10' N ROUGH BOLT 4"x4" POST TO 2"x10"----- ROUGH JOISTS w/2 — 112' DIA. r x ESS BOLTS N T 8 LG 316 SAIL. ~ „ O NUTS. FLAT $ LOCK WASHERS 9 1O " [ ' BOLT 2"x 10" JOIST AND -- ti -a ml I ' 2"x10"x 2' LG.BRACE TO `ti �Q. 316 STAINLESS ANGLES '� 2" x 12" 2" x 12" w/2 - 1.,2' DIA. x 41/2" LG ROUGH `� g `V ,Q� ROUGH 316 STAINLESS STEEL �Q5 2_5, „ „ BOLTS. NUTS 8 WASHERS -- DIA. x 16 LG 316 2 ' 2 � 4TASNQLEXSI BOLTS, NUTS NWASHERS ' BOLT 6 x6 BLOCK BETWEEN CROSS N / BRACES AND INSTALL 2 SCREWS TO N PREVENT BLOCK FROM ROTATING. ' 2-5/8' D I A. x 18 "± LG ® USE 5,8' DIA. x 16" LG. 316 SS BOLT. 0 316 STAINLESS BOLTS. NUTS ' NUT & 4 " SO. x 1,4' THK. WASHER ' ' & 4 " SO. x 1,4' THK . WASHERS BOLT 2"x10" JOIST TO 316 + _ VARIES_ (0.4± NGVD29) VARIES (0.4 _ NGVD29 l ' STAINLESS STEEL ANGLES - - - - - - - - - - - - - - - - - w/2 — I,," DIA. x 21., " LG. 316 STAINLESS STEEL BOLTS, 2"x8" ROUGH 2"x8" ROUGH NUTS & WASHERS CROSS BRACING � 2-5,,8' DIA. x 16" LG 316 CROSS BRACING STAINLESS BOLTS, NUTS 8 „ 30L T 316 STAINLESS L21� " x 21� " 10" DIA. 4" $Q. x 1�4' THK. WASHERS 10 DIA. 2 2 TIMBER ' TIMBER 1�8' x 1' PILES PILES -6" LG TO 2" x 10" PILE K ' ZAP w/2 - 1�2' DIA. x 21,2' LG 316 STAINLESS BOLTS. NUTS & WASHERS 2-5 Aa DIA. x 16„ LG 316 STAINLESSIBOLTS. NUTS 8 5 CLIP DETAIL SCALE: 1112' 5' 2 BOLT 2"x6" HANDRAILS TO 4"X4" POSTS w/l - 1�2' DIA. x 6" LG 316 1 STAINLESS STEEL CARRIAGE HEAD BOLT. NUT & WASHER. 5' -6" 93 1,_93,„ 1,_93,„ 8 8 8 2" x 6" 8 DECKING EL. 5.0' -- NGVD29 44 —2 "x10" 2 — 316 STAINLESS STEEL #10 x 12 x 3112' LG. SCREWS TO SECURE 2"x 8" RAIL CAP TO EACH 4 "x4" POST :Q ►n BOLT 2"x10" JOIST AND — BRACE TO 316 STAINLESS _° ANGLES w/2 - 112' DIA. r x 4"2'1 LG 316 STAINLESS ,.7 iv STEEL BOLTS, NUTS, FLAT M & LOCK WASHERS 0 4 SQ. x ,4 THK. WASHERS TYPICAL HANDICAP SECTION WITH HANDRAILS SCALE: 3,4' = 1' —0" TYPICAL PIER SECTION WITH HANDRAILS SCALE: 3,4' = 1 , _O„ x 4 ,NDRA I L IST x 10 ROUGH DIST 2 x 12 ROUGH SPLIT PILE CAP 3—D PIER SCHEMATIC NOT TO SCALE :' �► JOSEPH A. JANDA �. 42921 �cq- 1 JOSEPH A. JANDA, P.E. G & W ENGINEERS. INC. TEXAS SERIAL NO. 42921 DATE: ""7 Y U L- m 3 � w z CD CD LL � L3 U) w M a z J w C-O 92 w Q o aaaaa 22 U z LL (n E wLL '' w z L CD z C w rn c ui a) L N c rn N 06 o: z z z a J 0_ Lu H U Li U Q CD z W > cn cD z cr w w Z LD z w CD Ln N Ln co M 0, U) fo x a) 16 0 to > 10 J L 0 0_ +) CD m J 3 CD m m M N M or N x a) T T m m to N N s _p n co Ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 1/18/2016 SHT. NO. C1.2 � 3 � MAGNOLIA BULKHEAD EXISTING CONDITIONS SCALE: 1" = 30'-0" 6 c1. 10' 10' 314' TYP. 10. II f TYP. f 4 N= 13396492.38 E= 2757830.06 -� (46) TIEBACKS C1.4 NORTH OCEAN DRIVE MAGNOLIA BULKHEAD PLAN VIEW SCALE: 1 " = 20' -0" WWwW N= 13396334.96 E= 2758101.75 108' EXISTING BREAKWATER 10' 12 + TYP• R BENCHMARK #1 N= 13396225.19 E= 2758230.21 EL.= 9.21 N= 13396294.89 U B M 1 E= 2758202.04 1 JOSEPH A. JANDA ............................. A. 42921 JOSEPH A. JANDA, P.E. G & W ENGINEERS . INC. TEXAS SER AL N 4292 DA TE : p 3 W G= z O � _ 2 O L.L. � 0= � Lr) W O Q Z J W 0 0_ CD \ M � \ N I W H Q O aaaaa LLJ cr CD Z N Ln Z In CD Q m J M 00 O_ C U N d Z t W cr LL m Uj D E U ^ Lid v LL W (n d- W r— 1 op Z = a U F— N L U10 ¢ a� Z a a) W to F. c ::n w CD Z i U � N > O 10 L W a- m N +' Q� m Q1 06 U(D N O-Y O10 0 � U O Z N +3 > (n W J 3 � Wm� ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 2/03/2016 SHT. NO. C1.3 L AND — EXIST. C01 PAD TO BE NEW HANDICAP — ACCESS LANDING EL. 4.25' LAND EXTEND BRIDGES WITH�10"vDIA. PLAN VIEW APPROX. 10' PILES 12' LG. SCALE: 1"= 20' 10 ........ .... .. .. NEW HANDICAP ACCESS LANDING EL. 4.25' _ EXIST. CRABBING BRIDGE EL. 4.25± 20 ....... .. ........ �.1 .. NEW CRABBING BRIDGE EL- +4.25 NGVD 29 EXIST. 0 4 BRIDGE -- EXIST. CONCRETE EXIST. --_ PAD TO BE REMOVED BOTTOM 3" CLR.TYP. 0 0 I Q a. 1 � #4 BARS @ 12„ 10 'p SECTION VIEW MAGNOLIA BEACH CRABBING BRIDGE HORIZONTAL SCALE: 1" = 20'-0" VERTICAL SCALE: 1" = 4'-0" 5' -6" 1 ' -6 " #4 BARS "-#4 BARS (TYP) @ 12" EA. WAY SECTION 8"LG x 51e DIA. 316 STAINLESS STEEL BOLTS EMBEDDED IN CONCRETE A MINIMUM OF 6". -(6) #4 BARS (TYP) 0 PLAN CONCRETE LANDING PLAN SCALE: 3,4' = 1'-0" (HANDICAP PAD) 4 "x4 „ POST -2 "x6" DECKING \-2"x10" ROUGH JOIST 2112x 4 " x x 8" LG CLIP ( TYP. ) 4 "x4 " POST 2'"2' x 4 " x '14' x8"LGCLIP (TYP.) 3,4' DIA. x 18" LG. 316 SS BOLTS. NUT, FLAT AND LOCK WASI 10 C 1,4' x 1 1 " x 24" LG. 316 STAINLESS STEEL SPLICE PLATE. EXISTIN( PILES 3" x 12" ROUGH JOIST Ljw"EL q tea" LG. 316 STAINLESS STESPLICE PLATE TO 3" x 12" JOIST w/2 - 5,,8' DIA. x 41�2' LG 316 STAINLESS STEEL BOLTS. NUTS & WASHERS PLAN VIEW 5' N 0 N N NT -4 2" x 10" ROUGH - SPLIT PILE CAP. (LENGTH VARIES) SHOREGUARD — SG 425 VINYL SHEETING 2"x 8" DECKING lilt 2" — I - 2" FLIP OUT VIEW co I,4, ��3"X12" ROUGH JOIST 3„ 3�4' DIA. x 18" LG. Lq 316 NUTSTAINLESS B• S. FLATANDLLOCK INSTALL SHIMS TO SUPPORT I WASHERS EXISTING PVC PIPE EXISTING �j PILES 2' —10"± SECTION CRABBING BRIDGE SECTION SCALE: 3�4' = 1'-0" JET FILTER. HA ABS 2.5" OR EQUAL. EVENLY SPACED AT 10' INTERVALS. LANDWARD SIDE JET FILTER. HA ABS 2.5" OR EQUAL. EVENLY SPACED AT 10' INTERVALS. SHOREGUARD SG 425 VINYL SHEET PILING OR EQUAL. WEEPHOLE DRAIN DETAIL SCALE: 3" = 1'-0" Ulr UALVANILL At ILK 1-AbK1t.A1 1UN ti O P TIEBACK END PIECE P 3 SCALE: 3" = 1'-0" ROD COUPLING ! SHOREGUARD SG 425 VINYL SHEET PILING OR APPROVED EQUAL. (TYP.) 318" DIA. x 3" LG. 316 STAINLESS �,�. ,r Il_G -` LAG SCREWS @ 10 SPACING BOLT 2"x4" TO SHEET PILE WITH 112' DIA. x 2'12" LG. 316 STAINLESS STEEL BOLTS. NUTS & WASHERS ( TYP. ) APPROXIMATE LINE OF EXISTING GROUND PLAN 10' -0" 3' -0" 2" x 12" ROUGH 2" x 4" 10 DIA. x 10 PILE @ 10' SPACING ROD = WILLIAMS FORM GRADE 75 COUPLING 314' D I A GALV. ROD OR EQUAL. (TYP.) 1 ' -6 " GENERAL NOTES: 1. CONTRACTOR TO REMOVE THE EXISTING DETIORATED SECTION OF CONCRETE WALKWAY AND DELIVER THE CONCRETE TO A LOCATION WITHIN ONE MILE OF THIS SITE AS DIRECTED BY OWNER. 2. CONTRACTOR TO REMOVE AND DISPOSE OF SECTIONS OF DETIORATED TIMBER BULKHEAD. 3. CONTRACTOR TO REMOVE ONLY AS MUCH EXISTING BULKHEAD AS NEW BULKHEAD CAN BE INSTALLED THAT DAY. 4. CONTRACTOR TO FURNISH FILL MATERIALS IN ADDITION TO GRANULAR FILL. OF ..'�p'�E • • .....TF,rq t JOSEPH A. JAND A 42921 1. ,r•,• • . ,STf,$ ..� •r JOSEPH A. JANDA, P.E. G & W ENGINEERS, INC. TEXAS SERIAL NO. 42921 DATE: SHOREGUARD 8" SG 425 VINYL SHEET PILING OR EQUAL. man 111201 4"x8" ROUGH WHALER -316 STAINLESS STEEL #10 x 12 x 31/2' LG. SCREWS @ 2'-0" SPACING L. +4.5 NGVD 29 4"X8" ROUGH WHALER —ELEV. 1.25 5 WEEPHOLES -- ELEV. 0.4 WATER LEVEL\-� ELEV. —0.5 APPROX. MUD LINE SCALE: 3,4' = 1' -0" 3 W z � W � O cf) � w >_ o Q z J W o_ w c7 ~ m o N 00 �0 U z E w W W °�' z_ L C3 z C W & C W a) L a) m06 N V x CD z z z Q J 0- w F- U w U m Q (o z r W > cr z U) z w W z cD z w N Ln cn M 0, tN x a) to 0 to > �o J 0 a- ul 10 CD a) J 3 Ln m N m M N M o- q- d- (n to x a) H U T to co (s co N a) Lo L m co ao PROJECT NO. 9115.023 SCALE: AS SHOWN DWN. BY: CR CHK. BY: JJ DATE: 2/03/2016 SHT. NO. CIA At 0 a 'j 0' I AN FISHING PIERS, COURTESY DOCKS AND BULKHEAD Calhoun Coun Commissioners Court ROGER C. GALVAN VERN LYSSY NEIL E. FRITSCH KENNETH FINSTER MIKE PFEIFER PRECINCT # 1 PRECINCT # 2 PRECINCT #3 PRECINCT #4 COUNTYJUDGE FOR CALHOUN COUNTY MARCH 2O16 J POINT \� LAVACA COMFORT BAY ALCOA\ 1593 5 \ \ \ \3084 COX \ 238 BAY \ PORT LAVACA \ LAVACA BAY COURTESY DOCK logo / AT ALAMO BEACH BOAT RAMP 238/ \ � 2433 \ _ D COURTESY DOCK AT MAGNOLIA BEACH ALAMO BOAT RAMP BEACH CRABBING 2717 BRIDGE MAGNOLIA 2760 \ BEACH 2717 / \ 27so 238 ' \ INDIANOLA ('T' VICINITY MAP �-oSCALE: 1 " = 6000' LAVACA BAY • 218f STREET FISHING PIER KELLER I BAY MATAGORDA BAY - INDIANOLA FISHING PIER INDEX OF DRAWINGS C1.0 VICINITY MAP, PLANS, SECTIONS AND DETAILS C1.1 FISHING PIER PLANS, SECTIONS AND DETAILS C1.2 FISHING PIER DETAILS AND SECTIONS C1.3 BULKHEAD PLAN VIEW :-H 00 s 11 0 JOSEPH A. JANDA 42921 11�FoC� •� S�'R�� JOSEPH A. JANDA. P. E. G & W ENGINEERS. INC. TEXAS SERIAL NO. 42921 DATE: FILENAME: COVER-9115023.DGN JOB NUMBER: 9115.023 ORDER OF THE DISTRICT JUDGES OF CALHOUN COUNTY FOR THE APPOINTMENT OF A DISTRICT CLERK OF SAID COUNTY: Judge Pfeiffer made a motion to approve Order of the District Judges of Calhoun County for the Appointment of a District Clerk of said County. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Susan Riley From: Anna Kabela <anna.kabela@calhouncotx.org> Sent: Tuesday, May 17, 2016 11:59 AM To: susan.riley@calhouncotx.org Subject: IN THE MATTER OF THE APPOINTMENT OF A DISTRICT CLERK Attachments: IN THE MATTER OF THE APPOINTMENT OF A DISTRICT CLERK.pdf Good morning Susan, Please find attached an Order of the District Judges of Calhoun County for the appointment of a District Clerk for said county. Please add this matter to the Commissioners' Court agenda. Thank you. Pamela Martin Hartgrove District Clerk Calhoun County, Texas THE STATE OF TEXAS COUNTY OF CALHOUN IN THE MATTER OF THE APPOINTMENT OF A DISTRICT CLERK WHEREAS, Pamela Martin-Hartgrove, has submitted her resignation as District Clerk for Calhoun County, Texas, effective June 30, 2016; AND WHEREAS, under provisions of Texas Government Code Section 51.301, a vacancy in the office of District Clerk is filled by the Judges of the District Courts of such county; WHEREAS, we, the undersigned, being the active Judges of the District Courts having jurisdiction in Calhoun County, Texas, desire to appoint Anna Kabela as District Clerk to succeed Pamela Martin-Hartgrove. IT IS, THEREFORE, ORDERED that Anna Kabela be, and she is hereby, appointed, District Clerk of Calhoun County, Texas, effective July 1, 2016, to hold office under this appointment until the next general election and until her successor is duly selected and qualified. 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'd ro V U O CD N. o -rj "d > U N .0 )n P, ri U C •n 4J u) rn V) d � d U> N Ln U +, V)m W -P O o N )N 0) a)C O C Pa N N `d . .- O W 'd CD s.; Ei N. '-0 td N .0 4J N f� 0 0 'd .4 H� 0 � � ) ~ .0 LW3 FC W .0 r4 0 U N H p Ln N a U w ro ro N ro m N .•� A N 0 'O H ° P i A µ- -d w G 0t4 a1 ro o N 3 P - ii C 3 Pa Ln ro ) i O .a lA V)O O -r1 d o P, C O aJ a N CD o N G Q) N !�i N N > tl 4-)N U C P., r N P, U (0 Pa d 'O N C o O C O > O -� a)N 40 0 W H U C to U (o .4 +-) Pa id H Ln ai +) 0 1� U tP b) N AAWAKABELA, Chief Deputy TERES4 GARCIA, Criminal Deputy b...:KPREINHARD, Civil Deputy GLENDAKOBLE, Civil Deputy LETICIA GARCIA, Deputy COUNTY OF CALHOUN PAMELA MARTIN HARTGROVE District Clerk 211 S. Ann —Courthouse Port Lavaca, Texas 77979 (361)553-4630 April 4, 2016 Honorable Judge Stephen Williams District Judge 135th Judicial District 115 North Bridge Victoria County Courthouse Victoria, Texas 77901 RE: Retirement Dear Judge Williams: \1 Good Morning. I am writing to notify you of my plan�to retire effective June 30, 2016. I have worked for the Calhoun County District Clerk's office for 39 years. I am excited about my pending retirement, but I wanted to take this opportunity to thank you for your help and guidance thru the years. I will always be grateful. I also want to submit Anna Kabela's.name to be my replacement to finish out my term of office. She haslbeen,,an asset to the office for many years. I will miss everyone. Sincerely, C q_,00 Pamela Martin Hartgrove District Clerk Calhoun..:County, Texas cc Honorable Judge Michael Pfeiffer Mary Orta, Human Resources APPOINT JUDGE PRO TEM: Commissioner Finster made a motion to appoint Commissioner Vern Lyssy as Judge Pro Tem. Commissioner Galvan seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. JUDGE PRO-TEM 2005 Commissioner Galvan 2006 Commissioner Balajka 2007 Commissioner Finster 2008 Commissioner Fritsch 2009 Commissioner Lyssy 2010 Commissioner Galvan 2011 Commissioner Finster 2012 Commissioner Fritsch 2013 Commissioner Lyssy 2014 Commissioner Galvan 2015 Commissioner Finster 2016 Commissioner Fritsch 2016 Commissioner Lyssy (05-26-2016) CONSULTING AGREEMENT BETWEEN THE CALHOUN COUNTY CRIMINAL ATTORNEY AND DAVID B. BROOKS, ATTORNEY AT LAW, FOR LEGAL CONSULTATION AND AUTHORIZE DISTRICT ATTORNEY DAN HEARD TO SIGN., Commissioner Galvan made a motion to approve Consulting Agreement between the Calhoun County Criminal Attorney and David B. Brooks, Attorney at Law, for Legal Consultation and authorize District Attorney Dan Heard to sign. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor j*Criminal District Attorney Calhoun County, Texas ,.� RANDY R. CRIDER Investigator ALICIA FLORES Victim Assistance Coordinator May 18, 2016 Ali W. HEARD P.O. Box 1001 . 211 South Ann Street Port Lavaca. Texas 77979 (361) 553-4422 • Fax (361) 553-4421 Ms. Susan Riley Calhoun County Judge's Office RE: Item for Commissioners Court Agenda Dear Susan: SHANNON E. SALTER Assistant Criminal District Attorney JAMES D. HENDERSON Assistant Criminal District Attorney SARA M.RODRIGUEZ Assistant Criminal District Attorney I am requesting that the following item be placed on the Commissioners Court agenda on May 26, 2016, for their approval: CATNA on Consulting Agreement between the Calhoun County Criminal Attorney with David B. Brooks, Attorney at Law, for legal consultation. The agenda item also needs to include authorizing me as Criminal District Attorney to sign the agreement. Thank you for your assistance. Very truly yours, DAN W. HEARD, Criminal District Attorney for Calhoun County, Texas DWH'jam STATE OF TEXAS § COUNTY OF CALHOUN § CONSULTING AGREEMENT AGREEMENT made this 7 day of ) 2016 between Calhoun County Criminal District Attorney and David B. rooks (" rooks"), an attorney at law of Austin, Travis County, Texas. RECITALS: WHEREAS the Calhoun County Criminal District Attorney has special needs from time to time to seek special guidance or answers on legal matters; and WHEREAS Brooks has unique legal expertise regarding Texas county government law, the undersigned parties agree as follows: I. EMPLOYMENT AS CONSULTANT Beginning April 1, 2016, Brooks is employed as a consulting attorney by the Calhoun County Criminal District Attorney, and agrees to advise and consult with him under the terms herein. II. DUTIES OF CONSULTANT Brooks agrees to make himself available by telephone at all reasonable times, including customary office hours, evenings and weekends to answer questions and otherwise consult with Calhoun County Criminal District Attorney. Consultation may concern any question regarding the exercise of official duties by the county attorney, or other legal matters of concern to Calhoun County Criminal District Attorney and its officials. There shall be no limit on the number of telephone inquiries made to Brooks. Brooks shall also furnish a written monthly report in letter form of recent judicial decisions, state and federal, attorney general rulings and recent requests for the same, state administrative rules or decisions and other matters Brooks may feel pertinent. Brooks shall otherwise not be responsible for the preparation of any documents, opinion letters, or pleadings, although Brooks may be asked to review those prepared by others for his comment. Brooks will use his best effort and skill and his personal attention to act in good faith at all times to protect the interests of the Calhoun County Criminal District Attorney. 1 III. NATURE OF THE RELATIONSHIP This AGREEMENT shall constitute an attorney/client relationship. Brooks shall serve as an independent contractor, and shall not be considered to be an agent or representative of the Calhoun County Criminal District Attorney unless specifically so engaged or so authorized. Brooks shall be obligated not to advise or represent other parties with possible interests adverse to Calhoun County while this AGREEMENT is in effect. IV. LEGISLATIVE EXCLUSION Consultation services offered by Brooks shall not pertain to the support or opposition of proposed or pending legislation while Brooks is employed by the state legislature. V. AUTHORIZED INQUIRIES Telephone calls to Brooks for consultation may be made only by Calhoun County Criminal District Attorney or any attorneys on his staff, and others authorized by him. VI. TERM The term of this AGREEMENT shall be indefinite. V1I. CANCELLATION This AGREEMENT can be canceled by either party at any time. VIII. EXTRA SERVICES Brooks agrees to assure his availability on other services not covered by this AGREEMENT such as court appearances, the attendance at meetings, and the preparation of documents at a fee to be negotiated. IX. COMPENSATION Calhoun County Criminal District Attorney agrees to pay Brooks $100 per month for consultation services, payable monthly. X. EXPENSES Brooks shall bear any incidental expenses including postage, returned phone calls, Xerox copies, and fax transmissions he chooses to incur. IN WITNESS WHEREOF, the undersigned personally here execute s AGREEMENT in duplicate originals, on this the day of 12016. Dan Heard Calhoun County Crimi District Attorney P.O. Box 1001 Port Lavaca, Texas 77979 361-553-4422 State Bar No. 09331500 P. O. Box 12303 Austin, TX 78711 (512)476-9419 State Bar No. 03063650 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-50061 David B. Brooks austin, TX United States Date Filed: 05104/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. 55 legal consultation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Brooks, David Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 66466 VICTOR ROMERO ., Rotary Public * STATEOFPTE%AS ,' Comm . Et 71IIEI101f /l IDN f30MOH4 Signature of authorized agent of contracting business entity tt��n AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said l �ck t/i d l +?JG" this the V- day of 20 ( ( , to certify which, witness my hand and seal of office. tll c^fyY S ✓ P v �Pr5c h �— Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version v1.o.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50061 Date Filed: 05/04/2016 Date Acknowledged: 06/01/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. David B. Brooks austin, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 55 legal consultation 4 Name of Interested Part Y City, State, Count lace of business Y� Country iP ) Nature of interest check applicable) ( Pp ) Controlling I Intermediary Brooks, David Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 RENEWAL LEASE AGREEMENT WITH CABLE ONE FOR INTERNET SERVICES AT OFF -SITE LOCATION IN POINT COMFORT AND AUTHORIZE COUNTY JUDGE TO SIGN: PASS CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MHO PFEIFER, COUNTY JUDGE SUBJECT: RENEWAL OF CABLE ONE LEASE DATE: MAY 26, 2016 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR MAY 26, 2016 To accept and allow Sheriff to sign renewal lease agreement with CABLE ONE for internet service at our off site location in Point Comfort for narcotics. Sincerely, �.� a George Aleman Calhoun County Sheriff 5/16/2016 Adobe Sign, an Adobe Document Cloud Solution CABLE� . /�` BUSINESS flA43lMS6AHVIf6a (PJ11eAk Irtate:gslld 21nG fiaplaWaE�Bus,Ulesallr oat#W€p:1 fx!4 r- n6ankfixz f to Fina9 at�D MfArrss. PlA9uxi MfN+fir: WI3&?=OW 220 k:owl OfA" _ fama N2m4rrr:I _ li�M7 PGadniKRZ$5012 &evJ Dr 1pjilnu r.,r«r: ir:M JtWantiEy and ehmges,AM theaEfarhed temnsam3mndGtiansa xawlras.spW6kadrcem+ fc. E wwmrA lfiatFowthACus4marar havadt aulharNW W raAresemtand9iIIM9 fheCuutonou. gf PraNdean amail addrres,amyyaFth€cdacur�dandt7ncrAkaankearnMa:.pe agrertnants Wlll hncrna�dfe+rme fz+rmyrewrrds. Iwmdc�(RanddhaE63ava the IrehkCoror#»: µ'yK:rrrr�'smFdNsAnA avyaN�r a�earnan#t aSiAtW.ahleto IfinsarvJcaisll Provo ordered by�affdogmYfbwflf.`ahle 67em MiCfce. atW flxamserrd tadlnewre Makkelrgnlc Cuctnmer,AufhnrPed RpSiW O Print Dale ay 16, 2016 X� https:!/secure.nal.echosign.comlpublic%sign?tsid=CBFCIBAA3AAABLb[gZhC2fOliB-f4BM9N7D-1 rvcHfj00TZi3W f492QQ3LnOsudzLyAVGBae4ViG7W Pulex.. 2110 CONTINUED PARTICIPATION IN TAC HEBP ARTS PROGRAM AND AUTHORIZE COUNTY JUDGE TO SIGN AGREEMENT: Commissioner Lyssy made a motion to approve continued participation in TAC HEBP Arts Program and authorize County Judge to sign agreement. Commissioner Finster seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. Cindy Mueller From: Cindy Mueller <cindy.mueller@calhouncotx.org> Sent: Wednesday, May 18, 2016 10:29 AM To: 'Susan Riley' Cc: 'Rhonda Kokena'; Kenny Finster (kfinster@calhouncotx.org); mike pfeifer (mike.pfeifer@calhouncotx.org); nail fritsch (neil.fritsch@calhouncotx.org); roger galvan (roger. galvan@calhouncotx.org); vern lyssy (vern.lyssy@calhouncotx.org) Subject: Agenda Item Request Attachments: ARTS Renewal Confirmation Program Agreement 2016 - Final.pdf Please place the following item on the agenda for May 26, 2016: • Consider and take necessary action to continue participation in TAC HEBP ARTS Program and authorize County Judge to sign agreement. Susan, original will be delivered to you. Judge needs to initial pages 1 and 2 and sign/date page 3. Please return the original to me so it can be sent to PAC. Cindy Mueller Calhoun County Auditor 202 S. Ann, Suite B `Port Lavaca, TX 77979 Phone 361.553.4610 Fax 361.553.4614 AssOC1ATION of C. UNTIES AND EmrLoYLL BENEFITS POOL May 17, 2016 Affordable Care Act Reporting and Tracking Service (ARTS) Renewal Information The Texas Association of Counties Health and Employee Benefits Pool (TAC HEBP) has begun the renewal process for those counties and districts participating in the Affordable Care Act Reporting and Tracking Service (ARTS). Renewal will enable your entity to produce the forms required by IRS Sections 6055/6056 for calendar year 2016. This reporting will consist of forms (currently Forms 1094/1095B and/or 1094/1095C) which must be provided both to employees and the IRS. All employers with 50 or more full-time equivalent employees are required to file these forms. ARTS will provide measurement period tracking for 2016 and beyond (to determine whether an employee must be offered health coverage), as well as affordability testing for groups that require employee contributions toward the cost of their own health coverage. Your entity will need to continue sending employee, payroll, and unpaid leave of absence files to TAC HEBP in order to utilize this service for the 2017 reports. The information provided will be used to determine: 1) whether your employees'are subject to fines under the Affordable Care Act (ACA) individual mandate; 2) whether individuals are eligible for a federal premium subsidy or tax credit; and 3) whether your entity is subject to penalties under the ACA employer mandate. Some payroll vendors have worked with TAC to produce these files for you. You will be responsible for the completion of required information in your payroll system and submission to TAC, but this eliminates the need for manually producing additional spreadsheets. If you use a payroll system that will produce the required IRS forms, and you determine that your entity does not need measurement period tracking or affordability monitoring, you may not need ARTS. It is a service offered by TAC and is completely optional. Enclosed is the ARTS Renewal Confirmation Program Agreement. Please return a signed copy (initials on pages 1 and 2, signature on page 3) to your Employee Benefits Consultant by June 22, 2016 if your entity wishes to continue its participation in the program. As your countu or district provides health benefits through 7AC HEBP A RTS will continue to be available at NO COST in 2016, as sumi tg program deadlines are met. If you. have any questions, do riot hesitate to contact your Employee Benefits Consultant at (800) 456-5974. ASSOCIATION of COUNTIES AND EMPLOYEE BENEFITS POOL ACA Reporting and Tracking Service (ARTS) 2016 Renewal Confirmation Program Agreement HEBP Member (Fully Insured or ASO) Program Services The ARTS program includes the following services: • Measurement, Administrative, and Stability Period tracking beginning January 1, 2016 and notification of eligibility for part-time l variable l seasonal employees (can provide tracking back to beginning of Measurement Period if historical data is provided by county/district); • Reporting for your county/district regarding the status of potential benefits -eligible employees; • Upon request, production of a data file to produce your county/district's 1094C and 1095C forms (optional direct mail service); • Upon request, production of a data file to produce your county/district's 1094B and 1095B forms (applies to self -insured groups only) Program Requirements 1) Participants must provide employer, payroll, employee and unpaid leave of absence related to the group's Health Benefits Plan in the format designated by TAC HEBP, as described on Attachment A: "ARTS File Specifications'. This data must be provided at each payroll cycle. 2) Group agrees to pay program fees as described in the ARTS Fee Schedule. Renewal Deadline Groups who wish to participate in the ARTS program in 2016 must return the signed executed documents to TAC HEBP no later than June 22, 2016 in order to participate. • 2016 data file transmission must begin no later than October 1, 2016 to avoid late fees. TAC HEBP-ARTS Renewal confirmation Program Agreement 2016 - Page lot 3 41nitials TEXAS ASSOCIATION Of COUNTIES HEALTH AND EMPLOYEE BENEFITS YOOL ACA Reporting and Tracking Service (ARTS) HEBP Member (Fully Insured or ASO) 2016 Fee Schedule (Renewal) 1 ❑✓ ARTS Annual Subscription Fee *$4.25 / form Waived 2 Optional Forms Distribution (group $ 1.47 / form If applicable, will be billedinlan.2017 chooses to have TAC mail empla yee forms) when forms are produced P Late fee for service election form 4 a (after 612212016) $1,575 5 a Late fee for data submission $2,625 (after 7010112016) Cancellation Fee 6 a (6122 through 1213112016) $4,200 Total Amount Due: $ 0.00 (if zero, enter 0.00) *Per 109411095C form and 109411095 B form if applicable Fees subject to change annually Initials_ TAC HEBP - ARTS Renewal Confirmation Program Agreement 2016-Page 2 of 3 ASSOCIATION AND EMPLOYEE. ACA Reporting and Tracking Service (ARTS) Contact Designation Form Contracting Authority: Calhoun County (Group Name) hereby designates and appoints, as indicated in the space provided below, a Contracting Authority of department head rank or above and agrees that any notice to, or agreement by, a Group's Contracting Authority, with respect to service or claims hereunder, shall be binding on the Group. Each Group reserves the right to change its Contracting Authority from time to time by giving written notice to HEBP. Name: Address: Phone: Email: Rhonda Kokena Title: County Treasurer 202 S Ann St Ste A Port Lavaca, TX 77979-4204 (361)553-4620 Fax: (361)553-4614 rhonda.kokena@calhouncotx.org Primary Contact: Main contact for data file and reporting matters pertaining to the ARTS program. Name: Cindy Mueller Address: 202 S Ann St Ste B Phone: (361)553-4610 Title: County Auditor Port Lavaca, TX 77979 MPAA Secured FAX number: Email: cindy.mueller@calhouncotx.org Fax: (361)553-4614 Other Contact Emails for ARTS correspondence regarding data files, if any: ih i I � 18�lo 5,_ �) 4- & Signature of Count JuAp or Contracting Authority Date Michael J. Pfeifer, County Judge Print Name and Title Payroll Software provider: Ablla MIP Fund Accounting Software Version #: 16.1.1.0 TAC HEBP —ARTS Renewal Confirmation Program Agreement 2016 —Page 3 of 3 MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CALHOUN COUNTY AND FREESE AND NICHOLS, INC. AND AUTHORIZE COUNTY JUDGE TO SIGN: PASS Susan Rile From: Janie Delgado <janie.delgado@caihouncotx.org> Sent: Monday, May 16, 2016 10:08 AM To: mike.pfeifer@caihouncotx.org; Susan Riley Ca: NEIL FRITSCH; roger.galvan@calhouncotx.org; vern.lyssy@caihouncotx.org; Kfinster@calhouncotx.org Subject: Agenda Item for May 26, 2016 Attachments: Master Agreement for Professional Services.pdf Please place the attached agenda item on the Commissioners' Court Agenda for May 26, 2016. Office Manager Calhoun County R&B Precinct 3 (361) 893-5346 Phone (361) 893-5309 Fax e-mail: ianie.delqado@calhouncotx.org Rev. 12113 MASTER AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF CALHOUN This AGREEMENT is entered into by Calhoun County, hereinafter called "Owner" and Freese and Nichols, Inc., hereinafter called "FNf." In consideration of the AGREEMENTS herein, the patties agree as follows: 1. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: Owner agrees to employ FNI; FNI agrees to perform professional services in connection with various Projects; Owner agrees to pay to FNI compensation. A detailed description of the various Projects scope and fee will be outlined in Task Authorizations as services are requested by Owner. FNI will not begin services until a Task Authorization is agreed upon by FNI and Owner. An example of this Task Authorization is included as Schedule "A." if. SCOPE OF SERVICES: FNI shall provide professional services in connection with Projects as set forth in Attachment SC - Scope of Services and Responsibilities of Owner which is attached to and made a part of this AGREEMENT. Details concerning the specific Scope of Services for projects will be included in the Task Authorization. III. COMPENSATION: Owner agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation, which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in various Task Authorizations. Details concerning the fee will be included in the Task Authorizations. IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the Owner and FNI. Nothing under this AGREEMENT shall be constmed to give any rights or benefits in this AGREEMENT to anyone other than Owner and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of Owner and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between Owner and FNI and supersedes all prior written or oral understandings. This AGREEMENT is valid thru December 31, 2020 and may be extended by mutual Agreement. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this AGREEMENT, the _day of , 2016 ATTEST: ATTEST: CALHOUN COUNTY (Owner) By:. Print or`Type Name & Title FREESE AND NICHOLSINNCC. Print or Type Name & Title Rev. 12113 SCOPE OF SERVICES AND RESPONSIBILITIES OF Owner ARTICLE I ATTACHMENT SC BASIC SERVICES: FNI shall provide the following professional services in connection with the development of the Project: A. PRELIMINARYPHASE 1. Study and Report Phase Upon execution of this AGREEMENT, FNI shall: a. Consult with Owner: (1) to review the scope of services, (2) to verify Owner's requirements for the Project, and (3) to review available data. b. Advise Owner as to the necessity of Owner's providing or obtaining data or services from others, and assist Owner in connection with any such services. . c. Provide analyses of Owner's requirements for the Project, as verified in Article I, Paragraph A. La,, including planning, and surveys. d. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and some alternative solutions available to Owner and setting forth FDA's findings and recommendations with opinions of probable construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. Estimates of the cost of land and rights of way, compensation for or damages to properties and interest and financing charges will be provided by Owner or others so designated by Owner. In arriving at its opinion of probable construction cost for the Project, FNI will include the estimates furnished by Owner and will have no responsibility to determine the accuracy or validity of these estimates. The alternate solutions shall be limited to not more than three. e. Furnish three (3) copies of the Report and present and review it in person with Owner. 2. Preliminary Design Phase a. After Owner has accepted the report and has issued written authorization to proceed with the Preliminary Design Phase, FNI shall: b. Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline specifications. c. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Project Costs. d. Furnish three (3) copies of the above preliminary design documents and present and review them with Owner. B. DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts of improvements to be constructed (surveys to be famished as Additional Services, pursuant to Article B). 1 2. Advise Owner of need for and recommend scope of subsurface investigations, special analysis, etc, and the retention of special consultants. a. The cost of such services shall be paid by Owner and are not included in the services performed L:\Resources\OLCR\C\CalhounCounty\Master I'TTI V 1 • b Y SC-2 Owner Rev. 12113 by FNI. 3. Furnish Owner, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of applications and supporting documents for government grants or for planning advances is an Additional Service. 4. Submit drawings, specifications, and Construction Contract Documents to the applicable federal and state agency(s) for approval, where required. 5. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 6. Prepare revised opinion of probable construction cost. 7. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. 8. Furnish Owner three (3) sets of copies of drawings, specifications, and bid proposals marked "Preliminary" for approval by Owner. Upon final approval by Owner, FNI will provide Owner one (1) set of reproducible "Final" drawings and loose set of specifications for reproduction by Owner. C. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of "Final" drawings and specifications by Owner, FNI will proceed with the performance of services in this phase as follows: I . Assist Owner in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for Owner to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by Owner. 2. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 3. At Owner request, FNI will assist Owner in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the -information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by Owner. Pre -qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. 4. Assist the Owner in conducting a pre -bid conference for the construction projects and coordinate responses with Owner. Response to the pre -bid conference will be, in the form of addenda issued after the conference. Attend the tour of the project site after the pre -bid conference. 5. Assist Owner in the preparation of Construction Contract Documents for construction contracts. Provide up to ten (10) sets of Construction Contract Documentswhich include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Owner and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Owner with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. 6. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. D. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect Owner in providing these services however, it is understood that FM does not guarantee the Contractor's performance, nor is FM responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of L:\Resources\OLCR\C\CaltiounCounty\Master FNl V p SC-3 Owner Rev. 12/13 the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FM standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures is an additional service. If general conditions other than FNI standards are used, the Owner agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. 1. Assist Owner. in conducting pre -construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the Owner and contractor. Submit (insert frequency; i.e. monthly, bi-monthly, quarterly, etc.) reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Based on Mrs observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5. Make visits appropriate to the stage of construction to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Owner. The number of site visits for projects will be included in the Task Authorizations. Visits to the site in excess of the specified number are an additional service. 6. Notify the contractor of non -conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by Owner and is not included in the services to be performed by FNI. $, Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses, and studies requested by the. Contractor(s) and approved by Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. L9Resourc %DLCR\C\CalhounCounty\Master FNI " � ^ SC-4 Owner Rev. 12113 Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Owner to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Owner. Documentation of field orders, where_ cost to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents.requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the Owner are an additional service. 10. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Owner if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 11. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 12. Conduct, in company with Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an additional service. 13. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction, Two (2) sets of prints of "Record Drawings" shall be provided by FNI to Owner. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not included in the above described basic services, are described as follows: A. Field surveying required for the preparation of designs and drawings. B. Field layouts or the furnishing of construction line and grade surveys. C. GIS mapping services or assistance with these services. D. Making property, boundary and right of way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by Owner. F. Providing renderings, model and mock-ups requested by the Owner. G. Making revisions to drawings, specifications or other documents when such revisions are 1) consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. H. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be. required in connection with the replacement of such Work. L:\Resources\OLCn\C\CalhounCaunty\lvlaster Mlle SC-5 Owner' Rev. 12/13 I. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner. J. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. K. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. L. Conducting pilot plant studies or tests. M. Preparing Operation and Maintenance Manuals or conducting operator training. N. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. O. Furnishing the services of a Resident Project Representative to act as Owner's on site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on site observations of the work in progress and field checks of materials and equipment by the ResidentProject Representative and assistants, FNI shall endeavor to provide further protection for Owner against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article I, D. If Owner provides personnel to support the activities of the Resident Project Representative who is FNI or M's agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. Owner agrees that whenever FNI informs him in writing that any such personnel provided by the Owner are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. P. Furnishing Special Inspections required under chapter 17 of the International Building Code. These Special Inspections are often continuous, requiring an inspector dedicated to inspection of the individual work item, and they are in additional to General Representation and Resident Representation services noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an Additional Service. Q. Preparation of Conformed or "As Bid" plans and specifications for use during the construction phase. These documents shall involve the incorporation of addenda items into the Contract Documents through modification of the electronic files and reprinting of the plans and specifications inclusive of the incorporated changes. R. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). S. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. T. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. L:\Resources\OLCR\ClCathounCounty\Master IN VA4 SC-6 Owner Rev. 12113 U. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. V. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. W. Design, contract modifications, studies or analysis required to comply with local, State, Fedexal or other regulatory agencies that become effective after the date of this Agreement. X. Services required to resolve bid protests or to rebid the projects for any reason. Y. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. Z. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. ' AA. Providing services after the completion of the construction phase not specifically listed in Article I. BB. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. CC. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. DD. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. BE. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. FF. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services Agreement. GG. Provide follow-up professional services during Contractor's warranty period. HH. Provide Geotechnical investigations, studies and reports. ARTICLE III TIME OF COMPLETION: FNI agrees to complete the services in accordance with the schedule established in each Task Authorization. IF FNI's services are delayed or suspended in whole or in part by Owner, or if Mrs services are extended by the Contractor's actions or inactions for more than 90 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation. L:\Resources\OLCR\C\CalhounCounty\Master FML1dV SC-7 Owner Rev. 12113 ARTICLE IV RESPONSIBILITIES OF Owner: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders may be required. Unless noted otherwise, the Owner shall budget a minimum of 5 % for new construction and a minimum of 10% for construction that includes refurbishing existing structures. Further, Owner recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omission, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by Engineer or in the other professional services performed or furnished by Engineer under this Agreement ("Covered Change Orders"). Accordingly, Owner agrees to pay for Change Orders and otherwise to make no claim directly or indirectly against Engineer on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the aggregate costs of an such approved Covered Change Orders exceed 2% for new construction and 4% for reconstruction. Any responsibility of Engineer for the costs of Covered Changed Orders in excess of such percentage will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the cost of Covered Change Orders will not include: • any costs that Owner would have incurred if the Covered Change Order work had been included originally in the Contract Documents and without any other error or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are due to the Contractor Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, Engineer is liable for the cost of Covered Change Orders in excess of the percent of Construction Cost stated above or for any other Change Order. Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such poison shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to FNI's services for the Project, C. Provide all criteria and fall information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNi, obtain advice of an attorney, insurance counselor and other consultants as Owner deems' appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI- a. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. L:\Resources\OLCMC\CalhounCounty\Master FNI 0 SC-8 Owner, Rev. 12113 H, Owner shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. Owner shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by Owner. I. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as Owner may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as Owner may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as Owner may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 1. Owner shall determine, prior to receipt of construction bid, if FNI is to famish Resident Project Representative service so the Bidders can be informed. K. If Owner designates a person to serve in the capacity of Resident Project Representative who is not FM or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services as defined in Attachment SC, Article I, C, together with such adjustment of compensation as appropriate, L. Attend the pre bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. M. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNPs services, or any defect or nonconformance of the work of any Contractor. N. Famish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article If of this AGREEMENT or other services as required. O. Bear all costs incident to compliance with the requirements of this Article IV. L:aR oumes\OLCR\C\CalhounCounty\Master SC-9 Owner Rev. 12/13 ARTICLE V DESIGNATED REPRESENTATIVES: FNI and Owner designate the following r present Ps'. Owner's Designated Representative Name: r 1 art. Address: P 6-D I Z o' X " Phone:.3� % $ 7 466 Fax: 4' 93 5-3 0 r Y E-mail: T 6 ) lm• �rY Owner's Accounting Representative Name:Joel Adds: o7aV - In Phone: Y f — a, n, Fax: E-mail: Cix�c )Yf UL'��P�%mvn�g �h FM's Project Manager Name: Cris Weber, P.E. 10431 Morado Circle, Suite 300 Austin, TX, 78759 Phone: 512-617-3156 Fax: 512-617-3101 E-mail: Cris.Weber@freese.com FNI's Accounting Representative Billy Metzger 10431 Morado Circle, Suite 300 Austin, TX, 78759 Phone: 512-617-3177 Fax: 512-617-3101 E-mail: Billy,Metzger@freese.com L:1Resources\OLCR1C\CalhounCounty\Mnter FNI VM 1` SC-10 Owner— ATTACHMENT CO COMPENSATION Unless otherwise required by Owner, compensation will be negotiated for each Task Authorization, LAResou[ces\OLM FNI CO -I Owner ATTACHMENT-SCHEDULE"A" rMNICHOLS SCHEDULE A TASK AUTHORIZATION Client: Attn: FNI Project No- PhaselTask/pept: pate: — This authorization is in accordance with the executed on and expires on term's and conditions outlined in the Master Agreement Project Description: Description of Services: Deliverables: Compensation shall be as follows: Original Contract Amount— $ Schedule shall be as follows: The above described services shall proceed upon return of this Task Authorization. Services will be billed as they are done. AM other provisions, forms, and conditions of the Agreement for services which are not expressly amended shall remain in full force and effect. ❑ A contract modification will be submitted, ❑ This Task Authorization will serve as notice to proceed. FREESE AND NICHOLS, INC.: CLIENT: W or Type Name Print or Type Name L-.\Res =es\OLCR\ FN ,AA CO-1 Owner 10-25-07 ATTACFIMENT TC TERMS AND CONDITIONS OF AGREEMENT L DEFINITIONS: The term Owner as used herein refers tot Calhoun Counter The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidatingthe AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORKto be performed. If any change under this clause causes an increase or decrease inFNI's costof, or the time required for, the performance ofany part ofthe Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMRNATION: The obligationto provide services under this AGIREEWNT may be terminated by either party upon ton days' written notice. In the event oftermination, FMwill be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss ofproduct, loss ofuse ofthe equipment or system, loss of anticipated profits or revenue, non -operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNlbyplacing atFNVs disposal all availableinfomation pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers' Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability (Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor forFNI is incompetent or undesirable, Owner will notifyFNI accordingly andFNI shall take immediate steps for cancellation ofsuch subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other projectinformationdeveloped inthe execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment ofFNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI andFNI's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resultingthcrefrom. Any such verification or adaptation will entitle FNIto further reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNPs other activities. Any reuse by FNI will be atFNPs sole risk andwithout liability or legal exposureto Owner, arAFNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out ofor resulting therefrom. Page lof 2 FNI v,vly r , , OWNER 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreedthatFNlhasneither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition atthe site, if any, and its compensation hereunder is inno way commensurate withthe potential risk of injury or lossthat may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control ofthe subject site, but acts as an invitee in performing the services, and is notthereforeresponsible for the existence of any polbutantpresent on or migrating f orathe site. Further, FM Shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized, however, thatF'NI doesnot have control over the cost oflabor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. CONSTRIICTIONREPRESENTATION:IfrequiredbytheAGREEMENT, FNI will famish CousfructionRepresentation according to the defined scope for these services. FM will observe the progress and the quality of work to determine in general ifthe work is proceeding in accordance with the ContractDoeuments. In performingthese services, FM will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FM responsible for the supervision ofthe Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FM shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any ofthe work ofthe Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FDII's employee or FNPs agerrt, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12, PAYN /;NT: Progress payments may be requested by FM based on the amount of services completed. Payment for the services of FM shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER Statements for services shall not be submitted more frequentlythan monthly. Any applicable newtaxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FM's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNPs statement for services therefore, the amounts due FM will be increased at the rate of one percent (1%) per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days'writtennotice to OWNER, suspend services under this AGREEMENT until FM has been paid in full, all amounts due for services, expenses and charges. 13, ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENT'S: OWNER and FMeach are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER andFM are herebybound to the other partyto this AGREEMENT and to thepartners, successors, executors, administrators and legal representatives (andsaid assigns) of such otherparty, imespectof all covenants, agreements and obligations ofthis AGREEMENT. Neither OWNER nor FM shall assign, sublet or transfer any lights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT withoutthe written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignmentwiltrelease ordischarge the assignor from any duty or responsibility underthis AGREEMENT. Nothingcomained in this paragraph shall pmveatFNI from employing such independent associates and consultants as PM may deem appropriate to assist in the performance of services hereunder. 15. PURCI3ASEORDERS:IfaPurchaseorderisusedtoauthorizeFM'sServices,onlytheterms,conditionshnsttucfionstyped Oil the face ofthe Purchase Order shall apply to this AGREEMENT. Shouldtherebeany conflictbetweenthePurchaseOrder and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative ofthe conflict. Page2of2 FM 1/PV OWNER _ � CERTIFICATE OF INTERESTED PARTIES FORM 1295 l ul l Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, S. and 6It there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing farm, and the city, statg and country of the business entity's plane of business. 2016-57125 Freese and Nichols, Inc. Fort Worth, TX United States Date riled: 05/17/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Master Services Agreement Professional Services related to the Master Services Agreement Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary ' Hadley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Haster, Thomas Fort Worth, TX United States X Nichols, Mike Austin, TX United States X Lemons, Ron Fort Worth, TX United States X Pence, Robert R Fort Worth, TX United States X - Gooch, Tom M Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X S Check only it there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r t3iA�TTEAdr M. CCNM egp, J0, 08, 419. Tilgriaturre of authorized agent contracting busin wentity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said Susannz M. Johnson _ ; this the 17th day of May , 201§__, to certify which, witness my hand and seal of office. Kell can Shriverlie ignatur o fficer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission wvw✓.ethics.state.ix.us version v PUBLIC HEARING ON THE MATTER OF AMENDING THE 2015 AND 2016 CALHOUN COUNTY BUDGETS: Candice Villarreal, Assistant Auditor, read the Budget Amendments for Budget Year 2016. Judge Pfeiffer opened the Public Hearing at 10:16 a.m. Judge Pfeiffer closed the Public Hearing at 10:18 a.m. as there were no comments from the public. NOTICE OF PUBLIC HEADING NOTICE IS HEREBY GIVEN that Calhoun County Commissioners' Court will hold a public hearing in the Commissioners' Courtroom, 211 S. Ann Street, in Port Lavaca, Texas, at 10:00 a.m. on May 26, 2016 on the matter of amending the 2015 and 2016 Calhoun County Budgets. The public shall have the right to be present and participate in such hearing. Michael J. Pfeifer Calhoun County Judge MATTER OF AMENDING THE 2015 AND 2016 CALHOUN COUNTY BUDGETS: Commissioner Lyssy made a motion to approve Amendments to the 2016 and 2016 Calhoun County Budgets. Commissioner Finster seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. O 0 w _W OG V O N m a T i m� i f- ZW W 7 e Y� a I T O Z Z s _W Z W V T 3 I 0 Z 2 W m O W J 2 W Q) cW C Z Z Om W 19 N a m N a w a c G N a i ACCEPT REPORTS OF THE FOLLOWING COUNTY OFFICES: • CALHOUNTAX ASSESSOR/ COLLECTOR —APRIL2016 • COUNTY TREASURER —JANUARY 2016 & FEBRUARY 2016 • COUNTY SHERIFF — APRIL 2016 • EXTENSION SERVICE — JANUARY 2016 • ADULT DETENTION CENTER SHP MEDICAL — QUARTERLY REPORT ENDING 4/30/2016 Judge Pfeiffer made a motion to accept reports of the following County Offices: • CALHOUN TAX ASSESSOR/COLLECTOR — April 2016 • COUNTY TREASURER — January 2016 & February 2016 • COUNTY SHERIFF — April 2016 • EXTENSION SERVICE — January 2016 • ADULT DETENTION CENTER SHP MEDICAL — Quarterly Report Ending April 2016 Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. 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V X > 7 N N Gf O c6 Q O > y m W 0 0 I. 0 IL U d () 2 0 W U) F z w 2 W N D ca m V) Q O F u CALHOUN COUNTY, TEXAS COUNTY TREASURER'S REPORT MONTH OF: JANUARY 2016 BEGINNING ENDING FUND FUNDBAJANCE RECEIPTS DISBURSEMENTS FUNDBAL4NCE OPERATING FUNDS: GENERAL $ 18,686,599.72 $ 12,466,357.24 $ 2,934,397.96 $ 28,218,559.00 AIRPORT MAINTENANCE 24,380.42 25,903.78 7,990.62 42,293.58 APPELLATE JUDICIAL SYSTEM 1,695.00 125.64 1,558.64 262.00 COASTAL PROTECTION FUND 39,176.51 6.07 - 39,182.58 COUNTY AND DIST COURT TECH FUND 3,110.22 39.68 - 3,149.90 COUNTY CHILD ABUSE PREVENTION FUND 361.92 6.34 - 368,26 COUNTY CHILD WELFARE BOARD FUND 1,880.84 174.29 - 2,055.13 COURTHOUSE SECURITY 246,012.68 966.69 10.00 246,969.37 COURT INITIATED GUARDIANSHIP FUND 4,152.99 80.64 - 4,233.63 DIST CLK RECORD PRESERVATION FUND 12,020.55 185.73 - 12,206.28 CO CLK RECORDS ARCHIVE FUND 102,142.15 3,295.83 - 105,437.98 DONATIONS 75,565.17 242.53 1,982.93 73,924.77 DRUG/DWI COURT PROGRAM FUND -LOCAL 10,516.85 134.62 - 10,651.47 JUVENILE CASE MANAGER FUND 9,359.67 6.51 - 9,366.18 FAMILY PROTECTION FUND 6,951.01 76.08 - 7,027.09 JUVENILE DELINQUENCY PREVENTION FUND 8,599.05 1.33 - 8,600.38 GRANTS 290,758.44 1.99 11,664.19 279,096.24 JUSTICE COURT TECHNOLOGY 65,864.05 504.23 - 66,368.28 JUSTICE COURT BUILDING SECURITY FUND 10,862.41 100.07 - 10,962.48 LATERAL ROAD PRECINCT#1 4,321.17 0.67 - 4,321.84 LATERAL ROAD PRECINCT 92 4,321.17 0.67 - 4,321.84 LATERAL ROAD PRECINCT 03 4,321.16 0.67 - 4,321.83 LATERAL ROAD PRECINCT#4 4,321.19 0.67 - 4,321.86 JUROR DONATIONS HUMANE SOCIETY - 42.00 - 42.00 PRETRIAL SERVICES FUND 68,984.66 210.69 - 69,195.35 LAW LIBRARY 195,290.92 891.21 1,938.70 194,233.43 LAW ENF OFFICERS STD. EDUC. (LEOSE) 28,951.90 4.49 - 28,956.39 POC COMMUNITY CENTER 52,853.57 10,483.19 2,031.19 61,305.57 RECORDS MANAGEMENT -DISTRICT CLERK 6,485.99 106.31 - 6,592.30 RECORDS MANAGEMENT -COUNTY CLERK 92,146.72 35.95 6.28 92,176.39 RECORDS MGMT&PRESERVATION 227,122.23 3,858.72 - 230,980.95 ROAD &BRIDGE GENERAL 1,614,760.63 114,899.47 600,000.00 1,129,660.10 SHERIFF FORFEITED PROPERTY 1,283.52 0.20 - 1,283.72 6MILE PIERIBOAT RAMP INSUR/MAINT 50,343.32 7.80 24.48 50,326.64 CAPITAL PROJ- PCTI OCEAN DR. IMPR/TCDBG (788.70) 35,000.00 7,961.25 26,250.05 CAPITAL PROJ-RB INFRASTRUCTURE 204,840.71 - 5,197.76 199,642.95 CAPITAL PROJ - COUNTY ENERGY TRZ#I 385,381.72 - - 385,381.72 CAPITAL PROD- AIRPORT RUNWAY IMPROV 78,472.13 - - 78,472.13 CAPITAL PROJ - COUNTY ROAD 101 85,444.92 - 4,598.42 80,846.50 CAPITAL PROJ - EMS SUBSTATION 340,835.23 - - 340,835.23 CAPITAL PROS - EMER COMM SYS 30,848.06 - - 30,848.06 CAPITAL PROJ - GREEN LAKE PARK 21,730.19 - 6,038.21 15,691.98 CAPITAL PROJ- HATERIUS PARK/BOAT RAMP 21,064.00 - - 21,064.00 CAPITAL PROJ -PORT ALTO PURL BEACH -STORM REP 6,484.78 - - 6,484.78 CAPITAL PROJ- IMPROVEMENT PROJECTS 155,230.50 325,000.00 1,132.51 479,097.99 CAPITAL PROJ- PORT O'CONNOR LIBRARY 1,167.00 - - 1,167.00 CAPITAL PROD - MMC NURSING HOME UPI, PROGRAM 93,241.10 - - 93,241.10 CAPITAL PROD- MMC BUSINESS IMPROVEMENT LOAN 525,000.00 - - 525,000.00 ARREST FEES 927.90 202.15 736.22 393.83 BAIL BOND FEES (HE 1940) 2,250.00 1,005.00 3,255.00 - CONSOLIDATED COURT COSTS (NEW) 15,230.18 5,777.38 20,977.56 30.00 DNA TESTING FUND 297.04 19.71 66.75 250.00 DRUG COURT PROGRAM FUND - STATE 181.30 133.00 313.99 0.31 $ 23.923 345.86 S 12.995.889.24 $ 3.611.782.fi6 $ 33.307A52.44 SUBTOTALS MAY 2 6 20% CALHOUN COl.lNrl COMMISSIONERS COURT Page 1 of 3 COUNTY TREASURER'S REPORT MONTH OF: JANUARY 2016 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERATING FUNDS -BALANCE FORWARD $ 23,923,345.86 $ 12,995,889.24 $ 3,611,782.66 $ 33,307,452.44 ELECTION SERVICES CONTRACT 73,782.28 17,982.71 16,848.57 74,916.42 ELECTRONIC FILING FEE FUND 2,389.04 1,018.25 3,407.29 0.00 EMS TRAUMA FUND 337.43 246.17 457.03 126.57 FINES AND COURT COSTS HOLDING FUND 7,847.31 - - 7,847.31 INDIGENT CIVIL LEGAL SERVICE 370.30 198.00 544.00 24.30 JUDICIAL FUND (ST. COURT COSTS) 373.32 130.02 503.34 0.00 JUDICIAL SALARIES FUND 4,846.63 2,038.83 6,885.44 0.02 JUROR DONATION -HUMANE SOCIETY 60.00 - - 60.00 JUROR DONATION -TX CRIME VICTIMS FUND 244.00 12.00 - 256.00 JUVENILE PROBATION RESTITUTION 85.00 20.00 - 105.00 LIBRARY GIFT AND MEMORIAL 52,745.55 8.18 - 52,753.73 MISCELLANEOUS CLEARING 13,510.12 6,190.98 8,564.36 11,136.74 REFUNDABLE DEPOSITS 2,000.00 - - 2,000.00 STATE CIVIL FEE FUND 4,231.88 2,023.94 6,255.82 0.00 CIVIL JUSTICE DATA REPOSITORY FUND 22.28 7.70 29.98 0.00 JURY REIMBURSEMENT FEE 1,416.64 515.30 1,931.94 0.00 SUBTITLE C FUND 6,131.05 2,365.10 8,498.38 7.77 SUPP OF CRIM INDIGENT DEFENSE 768.67 250.55 1,019.22 0.00 TIME PAYMENTS 2,197.73 887.76 3,085.44 0.05 TRAFFIC LAW FAILURE TO APPEAR 1,781.37 606.40 2,387.77 0.00 UNCLAIMED PROPERTY 6,207.68 0.96 - 6,208.64 TRUANCY PREVENTION AND DIVERSION FUND 575.87 210.86 761.54 25.19 BOOTCAMPIJJAEP 147.43 - - 147.43 JUVENILE PROBATION 77.654.24 292.274.04 41.459.79 328A68.49 $ 24,183,071.68 $ 13,322,876.99 $ 3,714,412.57 $ 33,791,536.10 SUBTOTALS TAXES IN ESCROW 9.933,986.88 9,933,986.88 0.00 $ 34 117 058.56 $ 13 322 876.99 13,648,399A5 $ 33 791 536.10 TOTAL OPERATING FUNDS OTHER FUNDS D A FORFEITED PROPERTY FUND 37,070.32 - 14,618.96 22,451.36 SHERIFF NARCOTIC FORFEITURES 16,214.77 - - 16,214.77 CERT OF OB-CRTHSE REF SERIES 2010 372,025.83 39,766.91 - 411,792.74 CERT OF OB-CRTHOUSE I&S SERIES 2012 474,287,33 52,026.86 - 526,314.19 OCEAN DRIVE IMPROVEMENTS 1.00 - - 1.00 CAL. CO. FEES & FINES TOTAL OTHER CO. FUNDS 67.183.50 98.012.63 69.311.09 95 895.04 S 6.7 IN A ARMORIAL MEDICAL CENTER OPERATING 3,068,574.88 2,888,334.69 3,456,714.59 $ 2,500,194.98 INDIGENT HEALTHCARE 2,599.38 21,384,24 21,744.24 2,239.38 REFUND IMPREST ACCOUNT 5,061.64 - - 5,061.64 PRIVATE WAIVER CLEARING FUND 25,069.79 -. - 25,069.79 CLINIC CONSTRUCTION SERIES 2014 797,148.26 - - 797,148.26 NH AS14FORD 11,867.56 1,035,243.57 853,988.86 193,122.27 NH BROADMOOR 422,281.65 1,301,747.71 1,353,565.07 370,464.29 NH CRESCENT 22,063.45 1,016,660.27 814,917.93 223,805.79 NH FORT BEND 22,517.32 203,004.09 155,803.67 69,717.74 NH SOLERA 120.481.83 534.143.53 344.000.43 310.624.93 TOTAL MEMORIAL MEDICAL CENTER FUNDS $ 4,497,665.76 $ 7.000.518.10 $ 7.000.734.79 $ 4,497,449.07 DRAINAGE DISTRICTS NO.6 20,281.31 2,318.66 - $ 22,599.97 NO.8 106,899.97 6,940.35 - 113,940.32 NO. 10-MAINTENANCE 121,978.37 2,922.74 15,160.00 109,741.11 NO. II-MAINTENANCFIOPERATING 329,044.03 24,364.78 21,565.79 331,843.02 NO. l l-RESERVE 154.909.90 154.909.90 $ 733113.58 $ 36.546.53 $ 36.725.79 $ 732934.32 TOTAL DRAINAGE DISTRICT FUNDS CALHOUN COUNTY W CDl #1 OPERATING ACCOUNT $ 412.755.81 1.415.73 9.430.74 $ 404.740.80 CALHOUN COUNTY PORT AUTHORITY MAINTENANCE AND OPERATING $ 239.677.63 $ 5.247.93 $ 10.179.26 $ 234.746.30 CALHOUN COUNTY FROST BANK $ 1.742.87 $ $ 22.00 $ 1.720.87 $ 5,884,955.65 $ 7,043,728.29 $ 7,057,092.58 $ 5,871,591.36 TOTAL MMC, DR. DIST., NAY. DIST, W CID & FROST $ 40,968,796.96 $ 20,556,411.68 $ 20,789,422.08 $ 40,735,786.56 TOTAL ALL FUNDS Page 2 of 3 COUNTY TREASURER'S REPORT I MONTH OF: JANUARY 2016 BANK RECONCILIATION LESS: CERT.OF DEPI FUND OUTSTNDG DEN PLUS: CHECKS BANK FUND BALANCE OTHERITEMS OUTSTANDING BALANCE OPERATING* $ 33,791,536.10 29,911,197.67 562,037.72 $ 4,442,376.15 OTHER D A FORFEITED PROPERTY FUND 22,451.36 - - 22,451.36 SHERIFF NARCOTIC FORFEITURES 16,214.77 - - 16,214.77 CERT OF OB-CRTHSE REF SERIES 2010 411,792.74 11,386.75 - 400,405.99 CERT OF OB-CRTHOUSE I&S SERIES 2012 526,314.19 14,857.55 - 511,456.64 OCEAN DRIVE IMPROVEMENTS -CAP PROJ 1.00 - - 1.00 CAL. CO FEES & FINES 95,895.04 17,275A I 7,151.55 85,761.48 MEMORIAL MEDICAL CENTER OPERATING 2,500,194.98 500,440.20 212,459.26 2,212,214.04 INDIGENT HEALTHCARE 2,239.38 - 4,242.25 6,481.63 REFUND IMPREST ACCOUNT 5,061.64 - - 5,061.64 PRIVATE WAIVER CLEARING FUND 25,069.79 - - 25,069.79 CLINIC CONSTRUCTION SERIES 2014 797,148.26 - - 797,148.26 NH ASHFORD 193,122.27 - - 193,122.27 NH BROADMOOR 370,464.29 - - 370,464.29 NH CRESCENT 223,805.79 - - 223,805.79 NH FORT BEND 69,717.74 - - 69,717.74 NH SOLERA 310,624.93 - 310,624.93 DRAINAGE DISTRICT: NO.6 22,599.97 1,883.20 - 20,716.77 NO.8 113,840.32 2,459.10 - 111,381.22 NO. 10 MAINTENANCE 109,741.11 540.56 - 109,200.55 NO. 11 MAINTENANCUOPERATING 331,843.02 7,467.89 - 324,375.13 NO. 11 RESERVE 154,909.90 - - 154,909.90 CALHOUN COUNTY W CID #1 OPERATING ACCOUNT 404,740.80 - - 404,740.80 CALHOUN COUNTY PORT AUTHORITY MAINTENANCFIOPERATING **** 234,746.30 - - 234,746.30 CALHOUN COUNTY FROST BANK 1,720.87 - - 1,720.87 TOTALS is 40 735 786.56 30 467 508.03 785 890.78 is11054169.31 CDs -OPERATING FUND $29,500,000.00 CD's - MMC OPERATING FUND - $500,000.00 **** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK -PORT LAVACA THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LAVACA **** THE DEPSOSITORY FOR CALHOUN COUNTY FROST IS FROST BANK - AUSTIN, TEXAS Court costs and fees collected and reported may not be current and up-to-date due to non-compliance by other county offices. I hereby certify that the current balances are correct to all monies,at ve been received by the County Treasurer as of the date of this report. S.KOKENA COUNTY TREASURER Page 3 of 3 CALHOUN COUNTY, TEXAS COUNTY TREASURER'S REPORT MONTHOF: FEBRUARY 2016 BEGINNING ENDING FUND FUNDBAIANCE RECEIPTS DISBURSEMENTS FUNDBAIANCE OPERATING FUNDS: GENERAL $ 28,218,559.00 $ 4,279,270.95 $ 1,427,761.26 $ 31,070,068.69 AIRPORT MAINTENANCE 42,293.58 106.67 558.11 41,842.14 APPELLATE JUDICIAL SYSTEM 262.00 155.96 136.36 281.60 COASTAL PROTECTION FUND 39,182.58 6.18 - 39,188.76 COUNTY AND DIST COURT TECH FUND 3,149.90 52.08 - 3,201.98 COUNTY CHILD ABUSE PREVENTION FUND 368.26 8.29 - 376.55 COUNTY CHILD WELFARE BOARD FUND Z055.I3 240.32 - 2,295.45 COURTHOUSE SECURITY 246,969.37 1,069.84 175.00 247,864.21 COURT INITIATED GUARDIANSHIP FUND 4,233.63 160.67 - 4,394.30 DIST CLK RECORD PRESERVATION FUND 12,206.28 201.91 - 12,408.19 CO CLK RECORDS ARCHIVE FUND 105,437.98 2,966.63 - 108,404.61 DONATIONS 73,924.77 8,071.83 6,374.65 75,621.95 DRUG/DWI COURT PROGRAM FUND -LOCAL 10,651.47 187.22 - 10,838.69 JUVENILE CASE MANAGER FUND 9,366.18 15.09 - 9,381.27 FAMILY PROTECTION FUND 7,027,09 46.11 - 7,073.20 JUVENILE DELINQUENCY PREVENTION FUND 8,600.38 1.36 - 8,601.74 GRANTS 279,096.24 23,283.41 65,679.88 236,699.77 JUSTICE COURT TECHNOLOGY 66,368.28 532.02 - 66,900.30 IUSTICE COURT BUILDING SECURITY FUND 10,962.48 67.45 - 11,029.93 LATERAL ROAD PRECINCT If 4,321.84 0.68 - 4,322.52 LATERAL ROAD PRECINCT#2 4,321.84 0.68 - 4,322.52 LATERAL ROAD PRECINCT#3 4,321.83 0.68 - 4,322.51 LATERAL ROAD PRECINCT#4 4,321.86 0.68 - 4,322.54 JUROR DONATIONS - HUMANE SOCIETY 42.00 - - 42.00 PRETRIAL SERVICES FUND 69,195.35 260.91 - 69,456.26 LAW LIBRARY 194,233.43 11018.09 753.85 194,497.67 LAW ENF OFFICERS STD. EDUC. (LEOSE) 28.956.39 669.25 - 29,625.64 POC COMMUNITY CENTER 61,305.57 934.67 1,508.09 60,732.15 RECORDS MANAGEMENT -DISTRICT CLERK 6,592.30 134.46 - 6326.76 RECORDS MANAGEMENT -COUNTY CLERK 92.176.39 39.01 - 9Z215.40 RECORDS MGMT & PRESERVATION 230,980.95 3,693.64 - 234,674.59 ROAD&BRIDGE GENERAL 1,129,660.10 112,846.50 - 1,242,506.60 SHERIFF FORFEITED PROPERTY 1,283.72 0.20 - 1,283.92 6MILE PIERBOAT RAMP INSUR/MAINT 50,326.64 7.94 - 50,334.58 CAPITAL PROD- PCTI OCEAN DR. IMPR/fCDBG 26,250.05 10.000.00 96.95 36,153.10 CAPITAL PROD -RB INFRASTRUCTURE 199,642.95 - - 199,642.95 CAPITAL PROJ - COUNTY ENERGY TRZ#I 385,381.72 - - 385,381.72 CAPITAL FEW- AIRPORT RUNWAY IMPROV 78472.13 - - 79,472.13 CAPITAL PROJ - COUNTY ROAD 101 80,846.50 - 80,846.50 - CAPITAL PROJ -EMS SUBSTATION 340,835.23 - - 340,835.23 CAPITAL FEW -EMER COMM SYS 30,848.06 - - 30.848.06 CAPITAL PROS -GREEN LAKE PARK 15,691.98 - 33.45 15,658.53 CAPITAL PROJ- HATERIUS PARK/BOAT RAMP 21,064.00 - - 21,064.00 CAPITAL PROJ -PORT ALTO PURL BEACH -STORM RET 6,484.78 - - 6,484.78 CAPITAL PROD - IMPROVEMENTS -LITTLE LEAGUE PARK 479,097.99 - 22,894.99 456,203.00 CAPITAL PROJ- PORT O'CONNOR LIBRARY 1,167.00 - - 1,167.00 CAPITAL PROJ - MMC CLINIC ACQUISITION LOAN - - CAPITAL PROJ - NURSING HOME UPL PROGRAM LOAD 93,241.10 - - 93,241.10 CAPITAL PROD - MMC BUSINESS IMPROVEMENT LOAD 525,000.00 - - 525.000.00 ARREST FEES 393.83 365.83 - 759.66 BAIL BOND FEES (HE 1940) - 1,140.00 - 1,140.00 CONSOLIDATED COURT COSTS (NEW) 30.00 6,515.73 - 6,545.73 DNA TESTING FUND 250.00 16.67 - 266.67 DRUG COURT PROGRAM FUND - STATE 0.31 185.38 185.69 $ 33,307 452.44 $ 4,454 274.99 $ 1.606.819,09 $ 36.154 908.34 SUBTOTALS MAY 2 6 2016 CaM� AjssioNERS COURT Pagel of 3 COUNTY TREASURER'S REPORT MONTH OF: FEBRUARY 2.016 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERATING FUNDS -BALANCE FORWARD $ 33,307,452.44 $ 4,454,274.99 $ 1,606,819.09 $ 36,154,908.34 ELECTION SERVICES CONTRACT 74,916.42 11.82 - 74,928.24 ELECTRONIC FILING FEE FUND 0.00 1,273.58 - 1,273.58 EMS TRAUMA FUND 126.51 186.61 - 313.18 FINES AND COURT COSTS HOLDING FUND 7,847.31 - - 7,847.31 INDIGENT CIVIL LEGAL SERVICE 24.30 314.00 - 338.30 JUDICIAL FUND (ST. COURT COSTS) 0.00 146.82 - 146.82 JUDICIAL SALARIES FUND 0,02 2,297.14 - 2,297.16 JUROR DONATION -HUMANE SOCIETY 60.00 - - 60.00 JUROR DONATION -TX CRIME VICTIMS FUND 256.00 - - 256.00 JUVENILE PROBATION RESTITUTION 105.00 1,482.20 - 1,587.20 LIBRARY GIFT AND MEMORIAL 52,753.73 993.32 - 53,747.05 MISCELLANEOUS CLEARING 11,136.74 199,933.01 197,253.24 13,816.51 REFUNDABLE DEPOSITS 2,000.00 - - 2,000.00 STATE CIVIL FEE FUND 0.00 2,269.99 - 2,269.99 CIVIL JUSTICE DATA REPOSITORY FUND 0.00 7.85 - 7.85 JURY REIMBURSEMENT FEE 0.00 557.91 - 557.91 SUBTITLE C FUND 7.77 2,045.60 - 2,053.37 SUPP OF CRIM INDIGENT DEFENSE 0.00 279.37 - 279.37 TIME PAYMENTS 0.05 1,014.69 - 1,014.73 TRAFFIC LAW FAILURE TO APPEAR 0.00 760.64 - 760.64 UNCLAIMED PROPERTY 6,208.64 0.98 - 6,209.62 TRUANCY PREVENTION AND DIVERSION FUND 25.19 214.63 - 239.82 BOOT CAMP/JJAEP 147.43 - - 147.43 JUVENILE PROBATION 328.468.49 1 347.18 53.944.80 274.870.97 SUBTOTALS $ 33,791,536.10 $ 4,668,412.32 $ 1,858,017.13 $ 36,601,931.29 TAXES IN ESCROW 0.00 0.00 TOTAL OPERATING FUNDS 33 791536.10 4,668,412.32 1858 017.13 36 601931.29 OTHER FUNDS D A FORFEITED PROPERTY FUND 22,451.36 3,593.60 - 26,044.96 SHERIFF NARCOTIC FORFEITURES 16,214.77 5,390.40 1,048.55 20,556.62 CERT OF OB-CRTHSE REF SERIES 2010 411,792.74 117,855.41 71,425.00 458,223.15 CERT OF OB-CRTHOUSE I&S SERIES 2012 526,314.19 153,711.18 61,475.00 618,550.37 OCEAN DRIVE IMPROVEMENTS 1.00 - - 1.00 CAL. CO. FEES & FINES TOTAL OTHER CO. FUNDS! 95.885.04 115.813.41 92.196.10 119,502.35 U. MEMORIAL MEDICAL CENTER OPERATING 2,500,194.98 2,847,165.39 3,342,860.66 $ 2,004,499.71 INDIGENT HEALTHCARE 2,239.38 7,761.86 8,021.86 1,979.38 REFUND IMPREST ACCOUNT 5,061.64 - - 5,061.64 PRIVATE WAIVER CLEARING FUND 25,069.79 - - 25,069.79 CLINIC CONSTRUCTION SERIES 2014 797,148.26 - 143,791.42 653,356.84 NH ASFORD 193,122.27 716,519.85 662,322.42 247,319.70 NHBROADMOOR 370,464.29 621,413.20 494,191.06 497,686.43 NH CRESCENT 223,805.79 428,944.98 417,910.14 234,840.63 NHFORTBEND 69,717.74 363,171.32 233,004.64 199,884.42 NH SOLERA 310,624.93 581,345.28 499,084.28 392,885.93 NH ALLENBROOK 0.00 100.00 14.45 85.55 NH BEECHNUT 0.00 100.00 14.45 85.55 NH GOLDEN CREEK 0.00 100.00 14A5 85.55 NH GREEN ACRES 0.00 100.00 14.45 85.55 NH HUMBLE 0.00 100.00 14A5 85.55 TOTAL MEMORIAL MEDICAL CENTER FUNDS $ 4497449.07 $ 5.566821.88 $ 5801.25833 $ 4.263,012.22 DRAINAGE DISTRICTS NO.6 22,599.97 $ 229.28 $ 118.37 $ 22,710.88 NO.8 113,940.32 1,924.56 209.29 115,555.59 NO. 10-MAINTENANCE 109,741.1E 3,772.31 - 113,513.42 NO. II-MAINTENANCEIOPERATING 331,843.02 29,550.92 1,829.17 359,564.77 NO. 11-RESERVE 154,909.90 154.909.90 TOTAL DRAINAGE DISTRICT FUNDS $ 732 934.32 $ 35 477.07 $ 2156.83 $ 766.254.56 CALHOUN COUNTY WCID N1 OPERATING ACCOUNT $ 404740.80 191,871.91 8.142.75 $ 588.469.96 CALHOUN COUNTY PORT AUTHORITY MAINTENANCE AND OPERATING $ 234 746.30 $ 7.216.09 $ 8,602.24 $ 233 360.15 CALHOUN COUNTY FROST BANK $ 1,720.87 $ $ 5.00 $ 11715.87 TOTAL MMC, DR. DIST., NAV. DIST, WCID & FROST 5,871,591.36 $ 5,801,386.95 $ 5,820,165.55 $ 5,852,81176 $ 40,735,786.56 $ 10,866,163.27 $ 7,904,327.33 $ 43,697,622.50 TOTAL ALL FUNDS Page 2 of 3 COUNTY TREASURER'S REPORT I MONTH OF: FEBRUARY 2016 BANK RECONCILIATION LESS: CERTOFDEPI FUND OUTSTNDGDEPI PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE OPERATING* $ 36,601,931.29 $ 29,823,832.02 $ 408,035.48 $ 7,186,134.75 OTHER D A FORFEITED PROPERTY FUND 26,044.96 - - 26,044.96 SHERIFF NARCOTIC FORFEITURES 20,556.62 - 801.99 21,358,61 CERT OF OB-CRTHSE REF SERIES 2010 458,223.15 2,504.22 - 455,718.93 CERT OF OB-CRTHOUSE I&S SERIES 2012 618,550.37 3,270.44 - 615,279.93 OCEAN DRIVE IMPROVEMENTS -CAP PROS 1.00 - - 1.00 CAL. CO FEES &FINES 119,502.35 41,859.59 93,710.55 171.353.31 MEMORIAL MEDICAL CENTER OPERATING 2,004,499.71 500,000.00 250,134.47 1,754,634.18 INDIGENT HEALTHCARE 1,979.38 7,761.86 8,409.83 2,627.35 REFUND IMPREST ACCOUNT 5,061.64 - - 5,061.64 PRIVATE WAIVER CLEARING FUND 25,069.79 - - 25,069.79 CLINIC CONSTRUCTION SERIES 2014 653,356.94 - - 653,356.84 NH ASHFORD 247,319.70 - - 247,319.70 NHHROADMOOR 497,686A3 - - 497,686.43 NH CRESCENT 234,840.63 - - 234,840.63 NH FORT BEND 199,884.42 - - 199,884.42 NH SOLERA 392.885.93 - - 392,885.93 NH ALLENBROOK 85.55 - - 85.55 NH BEECHNUT 85.55 - - 85.55 NO GOLDEN CREEK 85.55 - - 85.55 NH GREEN ACRES 85.55 - - 85.55 NH HUMBLE 85.55 - - 85.55 DRAINAGE DISTRICT: NO.6 22,710.88 14.18 118.37 22,815.07 NO.8 115,555.59 761.46 - 114.794.13 NO. 10 MAINTENANCE 113,513.42 51.84 - 113,461.58 NO. 11 MAINTENANCEIOPERATING 359,564.77 2,241.35 - 357,323.42 NO. 11 RESERVE 154,909.90 - - 154,909.90 CALHOUN COUNTY INCH) kl OPERATING ACCOUNT 588,469.96 - - 588,469.96 CALHOUN COUNTY PORT AUTHORITY MAINTENANCEIOPERATING xzxx 233,360.15 - - 233,360.15 CALHOUN COUNTY FROST BANK 1,715.87 - - 1,715.87 TOTALS is 43 697 622.50 30 382 296.96 761210.69 14 076 536.23 CDs - OPERATING FUND $29,500,000.00 CD's - MMC OPERATING FUND - $500,000.00 **** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LAVACA THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LAVACA **** THE DEPSOSITORY FOR CALHOUN COUNTY FROST IS FROST BANK - AUSTIN, TEXAS Court costs and fees collected and reported may not be current and up-to-date due to non-compliance by other county offices. I hereby certify that the current balances are correct to all monies t been received by the County Treasurer as of the date of this report. I, _ A c- z 12 n , i n . \ RHONDA S. KOKENA COUNTY TREASURER Page 3 of 3 SHERIFF'S OFFICE MONTHLY REPORT Apr-16 BAIL BOND FEE $ 1,050.00 CASH BOND $ 2,250.00 CIVIL FEE $ 1,035.36 JP#1 $ 138.70 JP#2 $ 1,082.40 JP#3 $ 1,527.00 TOTAL: $ 7,083.46 ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled: 948.7 Selected major activities since last report April 5-7: 1 was invited by National Marine Fisheries to serve on two constituent panels in Salem, MA and review thirteen Saltonstall-Kennedy (SK) grant proposals. This was a wonderful opportunity for me to expand my knowledge and grow professionally. Both the Marketing and Promotion panel and the Socio-Economic panel that I served on broadened my knowledge of fishery projects and issues across the country. April 11: Cooking with Seafood, Celebrating Gary Graham — with the help of Rich Tillman, Willie Younger and many other members of the Texas Sea Grant family, we honored our long-time fisheries specialist, Gary Graham. He cooked us a wonderful shrimp stew that was enhanced by donated salad, bread, and dessert. Forty-four people attended the demonstration. April 12: I attended the Texas Sea Grant retreat held at Ingleside -on -the -Bay. Our main topic was strategic plan for our organization for 2018-2021. Reporting procedures for the National Sea Grant Office were also discussed. Afterwards, I drove into Corpus Christi to take delivery of a monofilament recycling display created as part of a Girl Scout Gold Star Award. I have served on the award committee for Sarah Gilliam over the past two years. April 13: I attended the Texas Bays and Estuaries Meeting in Port Aransas and helped judge the student poster presentations. Sea Grant was a co-sponsor of the meeting and I secured the 50 h anniversary material from the National Office and set them up at the meeting. April 14: As part of National Volunteer Week, fourteen volunteers joined Tina and me at Commissioners' Court for the presentation of an oversized check for volunteer service to the Extension office. For 2015, the Calhoun County Extension office reported 692 volunteers and a total of 2,832 hours of service. Using the current hourly value of volunteer time provided by Independent Sector, the Extension volunteer effort for 2015 is valued at $65, 334.24. April 14: The Mariner 4-H meeting had 13 members present and they packed registration bags for the upcoming Adopt -a- Beach. April 18: The 7`h grade boat building project at Our Lady of the Gulf Catholic School started today in Math class with Mr. Chen. Thirteen students will be building the folding plastic boats over the next 4 weeks as the school schedule and my other duties allow. Launch is planned for May 17`h at Little Chocolate Bayou Park. April 21: I attended the Commercial Aquaculture Meeting in Texas City to learn what Texas Parks and Wildlife is taking to the Commission on behalf of the oyster industry. It is hoped that off -bottom culture can be entered into the legislative code during the next session to help make the oyster industry more sustainable and our bays healthier. April 23: Adopt -a -Beach at Magnolia Beach had 142 registered participants. Approximately 3,780 pounds of debris was removed from a 6 mile stretch of beach/waterfront from the Crabbin' Bridge to Indianola. April 26-27: I attended to water related classes offered by Extension in Rosenberg. The first class was the Texas Watershed Steward Program which is about ground water and surface water. The second class was given by the Texas Well Owners Network about water wells and septic systems. April 28: The San Antonio Bay Foundation Board meeting was held in the Ag Auditorium. Eleven people attended and heard a report from the USFWS Whooping Crane Recovery Coordinator Dr. Wade Harrell. Direct Contacts by: Office: 24 Site: 116 Phone: 64 E-mail/Letters: 2,298 Newsletters: 1153 Volunteers: 44 Major events for next month — May 2016 May 5: Matagorda/Calhoun Planning Group meeting in Bay City May 9' Cooking with Seafood May 12-13: Marine Careers field trip to Galveston May 14-15: Boater Safety Course May 17: Boat blessing and launching to conclude building project May 18: Kayaking at Colletto Creek with Howell Middle School May 19: Port Lavaca Noon Day Rotary presentation May 25: AgriLife meeting in Brenham May 26: Life Skills fishing day May 28: POC Chamber of Commerce kid's fishing tournament Rhonda Cummins Name CEA - CMR Title Calhoun County April 2016 Date (Month -Year) Texas A&M AgriLife Extension • The Texas A&M University System - College Station, Texas Sea Grant Metrics f Number of Events: 2 o Number of People at Events: 186 • Number of Presentations: 1 o Number of People at Presentations: 30 • Number of K-12 Educational Activities: 1 o Number of Youth: 13 o Number of Educators: 2 • Number of Certificates Issued: 0 • Number of Volunteer Hours: 325 ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled 400 Selected maior activities since last report- April 2016 April 4: Attended All Around 4-H club meeting April 5: Calhoun County Fair Steer Tag in April 5: Livestock Judging/ Beef Quiz Bowl practice April 6: Attended Green Lake 4-H club meeting April 8-9: Attended 4-H spring Spectacular. We had 4 kids compete in Fashion Show, 3 in vocal performance, 1 in public speaking, and 1 Beef Quiz bowl team. April 10: Attended Olivia 4-H club meeting April 11: Worked with CHS life skills students at garden. April 12: Livestock Judging practice April 14: Attended Area X FFA judging contest as a practice with 5 members of judging team. April 14: Attended Lakeside 4-H club meeting. April 19: Worked with CHS Life Skills students at garden. April 19: Livestock Judging practice April 23: District 11 Livestock judging contest 9 4-H members competed April 25: Held Calhoun County 4-H Council Meeting April 26: Held a Recordbook clinic. April 28: Held Calhoun County Cattleman's Association Banquet April 29: Attended Wharton County Livestock Judging contest. Direct Contacts: Phone:48 E-mail/Letters:452 Office:16 SiteA Maior events for next month — May 2016 May 1: Hog Clinic May 4: Row crop production and Management training May 5: TAE4-HA Spring Meeting May 11: Youth Livestock Committee meeting May 14: Challenger League Buddy Game May 16: CHS Scholarship Banquet. May 17: Ag in the Classroom May 23: 4-H Council meeting May 24-25: Spring Faculty Meeting. Eric Taylor Calhoun Name County County Extension Agent —Agriculture and Natural Resources April 2016 Title Date (Month -Year) Texas AgriLife Extension Service - The Texas A&M University System - College Station, Texas ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled :185.80 Selected major activities since last report -April 2016 April 8-9: Tina attended District 11 4-H Spring Spectacular in Victoria, TX where they had kids compete in fashion show, beef quiz bowl, share the fun. April 19th: Tina along with the TEEA (Texas Extension Educators Association) from Calhoun County attended the Spring Conference in Simon, Texas where they had one member enter a Culture arts piece that is now advancing to State in September. April 22"d: Tina went to Wharton to judge in their homemaking show during their county fair. April 24th: Tina attended a wrap up event for WAT (Walk Across Texas) where one of the 4-11 members from the POC Intercostal club put together. There were 24 individuals that attended and received certificates of their completion of WAT. April 25: Tina attended a planning meeting for the ABC Child Care Conference that will be held in June in Wharton, TX. April 26: Tina attended the Career Ladder meeting in Rosenberg which The purpose of this career ladder is to provide a system for measuring and documenting the progress of extension agents in their profession and for rewarding their professional accomplishments. 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Commissioner Galvan seconded the motion. Commissioners Galvan, Lyssy, Finster and Judge Pfeiffer all voted in favor. May 26, 2016 2016 APPROVAL LIST - 2016 BUDGET 36 COURT MEETING OF 05/26/16 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 35 $ 216,099.18 FICA P/R $ 45,171.52 MEDICARE P/R $ 10,564.18 FWH P/R $ 37,576.99 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 2,670.98 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 1,898.31 TEXAS ASSOCIATION OF COUNTIES HEBP P/R $ 189,636.97 '1'MPA P/R $ 280.00 UNITED WAY OF CALHOUN COUNTY P/R $ 10.00 WILLIAM E. HEITKAMP, TRUSTEE P/R $ 347.67 AT&T A/P $ 54.92 AT&T MOBILITY A/P $ 821.90 CABLE ONE A/P $ 583.94 CARDMEMBER SERVICE - SHERIFF/JAIL A/P $ 854.74 CARDMEMBER SERVICE - COUNTY A/P $ 5,885.90 CENTERPOINT ENERGY A/P $ 2,022.75 CITY OF PORT LAVACA A/P $ 5,424.98 CPL RETAIL ENERGY A/P $ 88.07 FRONTIER COMMUNICATIONS A/P $ 3,617.86 FROST BANK A/P $ 5,000.00 GRACE GONZALEZ A/P $ 88.56 O' REILLY AUTO PARTS A/P $ 6.37 QUILL A/P $ 494.05 RESERVE ACCOUNT A/P $ 1,500.00 SATELLITE PHONES DIRECT, LLC A/P $ 560.00 TISD, INC A/P $ 249.97 TOTAL VENDOR DISBURSEMENTS: $ 531,509.81 TOTAL TRANSFERS BETWEEN FUNDS: $ - TOTAL AMOUNT FOR APPROVAL: $ 531,509.81 SINGLE SOURCE, EMERGENCY AND PUBLIC WELFARE PURCHASES AND BILLS: N/A PUBLIC DISCUSSION OF COUNTY MATTERS: Clarri Atkisson and Chelsa Ecby addressed the Court in regard to support for the Wounded Warriors. Joseph Janda, P.E., of G & W Engineers, gave the Court an update of the EMS sub -station. Robert McPherson voiced his concerns about the roads in Precinct 3 and questioned the Court as to the chain of command when a Commissioner is out of the office on leave. [K4111AIK111116111N014►ZA0111:C91s11a11