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2024-08-28 Final Packet
NOTICE OF MEETING — 8/28/2024 August 28, 2024 MEETING MINUTES OF CALHOUN COUNTY COMMISSIONERS' COURT MET IN A REGULAR MEETING AT 10:00 A.M. IN THE COMMISSIONERS, COURTROOM IN THE COUNTY COURTHOUSE AT 211 S. ANN STREET SUITE 104 PORT LAVACA, CALHOUN COUNTY, TEXAS. THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Joel Behrens Gary Reese Anna Goodman By: Kaddie Smith The subject matter of such meeting is as follows: 1. Call meeting to order. County Judge Commissioner Pct 1 Commissioner Pct 2 Commissioner Pct 3 Commissioner Pct 4 County Clerk Deputy Clerk Meeting was called to order at loam by Judge Richard Meyer 2. Invocation. Commissioner David Hall 3. Pledges of Allegiance. US Flag: Commissioner Gary Reese Texas Flag: Commissioner Vern Lyssy 4. General Discussion of Public Matters and Public Participation. n/a Page 1 of 4 NOTICE OF MEETING — 8/28/2024 5. Approve July 3, 2024 and August 21, 2024 Commissioners' Court Regular Meeting Minutes. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 6. Public Hearing regarding amending the 2024 Calhoun County budget. (RHM) Public Hearing opened at 10:02am Erica Perez read the amendments. Public Hearing closed at 10:07am 7. Consider and take necessary action to amend the 2024 Calhoun County budget. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 8. Approve and accept the donation of a StairMaster Free Climber 4600 PT to Calhoun County EMS from Danielle Lacina, General Manager of the Port Lavaca Anytime Fitness. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Joel Behrens, Commissioner Pct 3 AYES:. Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 9. Consider and take necessary action to allow Sheriff Vickery to apply for an NRA grant for the purchase of additional ALERRT training aids for the Calhoun County Sheriffs Office. This equipment will be utilized for training of ALL county Law Enforcement Personnel and will consist of an additional 5 simunition pistols, 5 simunition rifle uppers, 10 rifle lowers and personal protective equipment. (RHM) Sheriff explained the grant and training. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 2 of 4 NOTICE OF MEEIING — 8/28/2024 10. Consider and take necessary action to use Secure Tech Systems Inc. bid proposal in the amount of $52,405.80 for the replacement of the Calhoun County Panic Button System and allow County Judge Richard Meyer to sign all pertinent documentation. Secure Tech is on the Buy Board. (RHM) pass 11. Consider and take necessary action to approve Project Manual and Plans for Bid No. 2024.09 - Bill Sanders Park - Swan Point Bulkhead & Pier Construction and allow Urban Engineering and auditor's office to advertise for bids. (GDR) Matt 61aze briefly explained the plan. RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 12. Consider and take necessary action to allow the County Clerk to sign the proposed quote from Kofile for the digital imaging and indexing of an estimated 67,000 pages of Volumes 1 -71 of Official Public Records. (RHM) pass 13. Consider and take necessary action to award the contract to the most responsible and responsive bidder of Fun Abounds, Inc. and to negotiate profit and achieve a final contract price not to exceed to bid proposal of $733,795.95 for Bid No. 2024.08 - Infrastructure at Little Chocolate Bayou County Park Playground Improvements Phase 2 for Calhoun County, Texas — Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1. (DEH) contract to`Fun Abounds, Inc APPROVED [UNANIMOUS] David Hall, Commissioner Pct ER: 14. Discuss and take necessary action to allow Vern Lyssy to sign for an aerobic septic system service contract for Precinct 2 with Silverback Septic Solutions. (VLL) RESULT' APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 3 of 4 NOTICE OF MEETING — 8/28/2024 15. Consider and take necessary to deposit the refund check in the amount of $2,232.17 for parts from Kyrish Truck Centers of Victoria to Road & Bridge, Pct. 2 account 1000-550- 53510, Road & Bridge Supplies. (VLL) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 16. Accept Reports from the following County Offices: L County Treasurer — February, March and April 2024 (Revised) ii. County Treasurer — Statement of Balances — 1st Quarter 2024 (Revised) iii. County Treasurer — Investment Report — 1st Quarter 2024 (Revised) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 17. Consider and take necessary action on any necessary budget adjustments. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 18. Approval of bills and payroll. (RHM) MMC Bills: RESULT: = APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct" 1 SECONDER. VernkLyssy, Commissioner Pct 2 AYES: Judge.Meyer, Commissioner Hall, Lyssy, Behrens, Reese County Bills: RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese adjourned 10:40am Page 4 of 4 All Agenda items Properly Numbered Contracts Completed and Signed All 1295's Flagged for Acceptance (number of 1295's _L_) LL All Documents for Clerk Signature Flagged (All documents needing to be attested to need to be signed day of Commissioner's Court.) On this , day of z1f 2024, the packet far the fir` day of 2024 Commissioners' Court Regular Session was submitted from the Calhoun County Judge's office to the Calhoun County Clerk's Office. jc Calhoun CountyJudge/Assi 11ant -r4e M Iss � �J NOTICE OF MEETING —8/28/2024 Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 NOTICE OF MEETING The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, August 28, 2024 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. AGENDA bs I FIL0'ED CLOCK�,,,_i�J The subject matter of such meeting is as follows: AT[ 1. Call meeting to order. AUG 2 3 2024 2. Invocation. couHrvc Q%fg8 'uNrr, xn; oerutt: 3. Pledges of Allegiance. 4. General Discussion of Public Matters and Public Participation, 5. Approve July 3, 2024 and August 21, 2024 Commissioners' Court Regular Meeting Minutes. (RHM) 6. Public Hearing regarding amending the 2024 Calhoun County budget. (RHM) 7. Consider and take necessary action to amend the 2024 Calhoun County budget. (RHM) 8. Approve and accept the donation of a StairMaster Free Climber 4600 PT to Calhoun County EMS from Danielle Lacina, General Manager of the Port Lavaca Anytime Fitness. (RHM) 9. Consider and take necessary action to allow Sheriff Vickery to apply for an NRA grant for the purchase of additional ALERRT training aids for the Calhoun County Sheriffs Office. This equipment will be utilized for training of ALL county Law Enforcement Personnel and will consist of an additional 5 simunition pistols, 5 simunition rifle uppers, 10 rifle lowers and personal protective equipment. (RHM) 10. Consider and take necessary action to use Secure Tech Systems Inc. bid proposal in the amount of $52,405.80 for the replacement of the Calhoun County Panic Button System and Page 1 of 2 NOTICE OF MEETING — S/28/2024 allow County Judge Richard Meyer to sign all pertinent documentation. Secure Tech is on the Buy Board. (RHM) 11. Consider and take necessary action to approve Project Manual and Plans for Bid No. 2024.09 - Bill Sanders Park - Swan Point Bulkhead & Pier Construction and allow Urban Engineering and auditor's office to advertise for bids. (GDR) 12. Consider and take necessary action to allow the County Clerk to sign the proposed quote from Kofile for the digital imaging and indexing of an estimated 67,000 pages of Volumes 1 -71 of Official Public Records. (RHM) 13. Consider and take necessary action to award the contract to the most responsible and responsive bidder of Fun Abounds, Inc. and to negotiate profit and achieve a final contract price not to exceed to bid proposal of $733,795.95 for Bid No. 2024.08 - Infrastructure at Little Chocolate Bayou County Park Playground Improvements Phase 2 for Calhoun County, Texas — Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1. (DEH) 14. Discuss and take necessary action to allow Vern Lyssy to sign for an aerobic septic system service contract for Precinct 2 with Silverback Septic Solutions. (VLL) 15. Consider and take necessary to deposit the refund check in the amount of $2,232.17 for parts from Kyrish Truck Centers of Victoria to Road & Bridge, Pct. 2 account 1000-550- 53510, Road & Bridge Supplies. (VLL) 16. Accept Reports from the following County Offices: i. County Treasurer — February, March and April 2024 (Revised) H. County Treasurer— Statement of Balances —1st Quarter 2024 (Revised) iii. County Treasurer— Investment Report —1st Quarter 2024 (Revised) 17. Consider and take necessary action on any necessary budget adjustments. (RHM) 18. Approval of bills and payroll. (RHM) Richard H. Meyer, County Jbd e Calhoun County, Texas A copy of this Notice has been placed on the inside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which Is readily accessible to the general public during regular business hours. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www calh�uncotx org under "Commissioners' Court Agenda" for any official court postings. Page 2 of 2 # 04 NOTICE Of MEETING — 8/28/2024 August 28, 2024 MEETING MINUTES OF CALHOUN COUNTY COMMISSIONERS' COURT MET IN A REGULAR MEETING AT 10:00 A.M. IN THE COMMISSIONERS, COURTROOM IN THE COUNTY COURTHOUSE AT 211 S. ANN STREET SUITE 104 PORT LAVACA, CALHOUN COUNTY, TEXAS. THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Joel Behrens Gary Reese Anna Goodman By: Kaddie Smith The subject matter of such meeting is as follows: 1. Call meeting to order. CountyJudge Commissioner Pct 1 Commissioner Pct 2 Commissioner Pct 3 Commissioner Pct 4 County Clerk Deputy Clerk Meeting was called to order at loam by Judge Richard Meyer 2. Invocation. Commissioner David Hall 3. Pledges of Allegiance. US Flag: Commissioner Gary Reese Texas Flag: Commissioner Vern Lyssy 4. General Discussion of Public Matters and Public Participation. n/a Page 1 of 15 # 05 NOTICE OF MEETING-8/2S/2024 5. Approve July 3, 2024 and August 21, 2024 Commissioners' Court Regular Meeting Minutes. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall,`Lyssy, Behrens, Reese Page 2 of 15 NOTICE OF MEETING — 7/3/2024 Richard lH . Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Clyde Syma, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 The Commissioners' Court of Calhoun County, Texas met on Wednesday, July 3, 2024, at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. Attached are the true and correct minutes of the above referenced meeting. Richard Meyer, Coun udge Calhoun County, Texas Anna Goodman, County Clerk Page 1 of 1 NOTICE OF MEETING — 7/3/2024 July 31 2024 MEETING MINUTES OF CALHOUN COUNTY COMMISSIONERS' COURT MET IN A REGULAR MEETING AT 10:00 A.M. IN THE COMMISSIONERS' COURTROOM IN THE COUNTY COURTHOUSE AT 211 S. ANN STREET SUITE 104 PORT LAVACA, CALHOUN COUNTY, TEXAS. THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Joel Behrens Gary Reese Anna Goodman By: Kaddie Smith The subject matter of such meeting is as follows: 1. Call meeting to order. County Judge Commissioner Pct 1 Commissioner Pct 2 Commissioner Pct 3 Commissioner Pct 4 County Clerk Deputy Clerk Meeting was called to order at 10am by Judge Richard Meyer 2. Invocation. Commissioner David Hall 3. Pledges of Allegiance. US Flag: Commissioner Gary Reese Texas Flag: Commissioner Vern Lyssy . 4. General Discussion of Public Matters and Public Participation. Judge Meyer wishes everyone a happy and safe 4th of July. Page 1 of 6 NOTICE OF MEETING — 7/3/2024 S. Approve June 19, 2024 Commissioners' Court Regular Meeting Minutes. (RHM) RESULT, APPROVED[UNANIMOUS] MOVER Vern Lyssy, ;Commissioner. Pct 2 SECONDER: GaryReese,'Commissioner: Pct 4 AYES: Judge Meyer; Commissioner Hall, Lyssy,`Sehrens, Reese 6. Hear Report from Memorial Medical Center. (RHM) Erin Clevenger gave the report for May and .tune 7. Hear Annual Report from the Calhoun County Veteran Affairs Officer. (RHM) Ron Langford.gave the annual report, 8. Consider and take necessary action to remove K9 Lima from the Sheriffs Office Inventory. She will be purchased by the Waller County Sheriffs Office. (RHM) RESULT:• APPROVED [UNANIMOUS] MOVER: Joel Behrens; Commissioner Pct-3 SECONDER; Vern Lyssy, Commissioner Pct 1 AYES: Judge Meyer, Corrimissioner Hall, Lyssy, Behrens,'Reese 9. Consider and take necessary action to authorize the County Clerk to sign the renewal contract (Contract No. HHSREV1000002457) with the Department of State Health Services ("DSHS'�. This renews the contract that was approved on Commissioners' Court on 9/7/22. The contract expires 8/31/24. This will allow us to continue to issue the remote birth certificates. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner.Pct 1 SECONDER: - GaryReese, Commissioner.:Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, .Reese .' 10. Consider and take necessary action to approve the ground lease with SS Holdings, LLC for the building and use of an airport hangar at the Calhoun County Airport and authorize the court to sign. (RHM) Page 2 of 6 NOTICE OF MEETING— 7/3/2024 11. Consider and take necessary action to accept the drainage easement from William Pontillo to Calhoun County and authorize Commissioner Lyssy to sign same. (VLL) 12. Approve and Accept the renewal of the IA Agreement with Valley View Consultants with a term of 2 years and authorize the County Treasurer to sign. (RHM) RESULT: APPROYED;EUNA141MOIJSI MOVER: Vern..Lyssy, Commissioner Pet 2 SECONDER: ; David HaII, Commissioner Pet 1 AYES Judge 11 Meyer; Commissioner Hail, Lyssy,;behrens, Reese 13. Consider and take necessary action to approve the 2025 Calhoun County Clerk Archive Plan. (RHM) 14. Consider and take necessary action to approve the Agreement with Suburban Propane for Propane/delivery to the Radio Tower (103 Stringham Dr.) and authorize Judge Richard Meyer to sign. (RHM) RESULT: APPROVEp'[UNANIMOUS] MOVER: David 1-14 Commissioner pct 1' SECQNDER: Gary -Reese Commissioner P0:4. AYES JJudge Meyer, Commissioner Hail, Lyssy, Behrens, Reese 15. Consider and take necessary action to allow Sheriff Vickery to receive $9,033.99 of the $29,000.00 sign on bonus from Prodigy, in equipment for the new state mandated ALERT training. (RHM) Page 3 of 6 I NOTICE OF MEETING — 7/3/2024 16. Consider and take necessary action to approve Agreement with Amtech Solutions, Inc. (Amtech) for the Calhoun County Annex Building Roof Uplift Resistance and Fastener Pull Test in the amount of $7,200.00 and authorize Judge Richard Meyer to sign. (RHM) SeotemAson explained the'agreement. RESULT: APPROV.EID [UNANIMOUS] MOVE✓ : .Vern Lyssy,.Commissioner Pct 2 SECONDER: Joel Behrens; Commissioner Pct 3 ACES: - Judge Mever. Commissioner Hall. Lvssv. Behrens Reese `. 17. Consider and take necessary action on the "Golden Crescent Regional Advisory Council EMS Mutual Aid Agreement" and approve the EMS Director to sign. (RHM) Dustin 7enkins explained the' agreement. RESULT:. . , APPROVED [UNANIMOUS] MOVER. 2 Joel Behrens, Commissioner Pct 3 SECoWDER:. iGary. Reese, Commissioner Pct` } AYES: Judge Meyer, Commissioner Hall; Lyssy; Behrens„Deese Page 4 of 6 NOTICE OF MEETING — 7/:3/2024 18. Consider and take necessary action to accept the following audit reports. a. Tax Office Audit — 2022 - Q1-Q4 b. County Clerk Audit — 2023 - Q3 c. County Clerk Audit — 2023 - Q4 d. DA Hot Check Fee Fund Audit — 2023 — Q4 C. DA Hot Check Restitution Audit— 2023 — Q4 f. District Clerk Audit 2023 — Q4 g. EMS Audit — 2023 — Q4 h. Fairground Facility Rental Audit — 2023 — Q4 L JP 1 Audit — 2023 — Q4 j. JP 2 Audit — 2023 — Q4 k. JP 3 Audit — 2023 — Q4 1. JP 4 Audit — 2023 — Q4 m. JP 5 Audit — 2023 — Q4 n. Juvenile Probation Audit — 2023 — Q4 o. Museum Audit - 2023 -- Q4 P. POC Community Center Rentals Audit - 2023 — Q4 q. SO Audit —2023—Q1-Q2 r. Tax Office Audit — 2023 — Ql-Q3 s. Treasurer Audit — 2023 — Q3-Q4 t. Waste Management Audit 2023 — Q4 RESULT-.' APPROVED [UNANIMOUS] MOVER: Vern Lyssy,,Commissioner Pct 2 SECONDER: Gary Reese; Commissioner Pct4 AYES: Judge Meyers Commissioner Hall, Lyssy Behrens; Reese 19. Accept Monthly Reports from the following County Offices: a. Tax Assessor -Collector — May 2024 RESULT:. APPROVED [UNANIMOUS]:; MOVER: Vern Lyssy„Comm issioner PcC 2 SECONDER: David Hell, Commissioner Pct 1 AYES: Judge Meyer; Commissioner Hail, Lyssy Behrens, Reese 20. Consider and take necessary action on any necessary budget adjustments. (RHM) RESULT:. APPROVED [UNANIMOUS]" MOVER: Gary Reese, Commissioner Pct 4 SEGQNDER: Joel: Behrens,. Commissioner Pct 3 AYESp Judge Meyer; Commisslbri . Hali, Lyssy,'Behrens, Reese' Page 5 of 6 NOTICE OF MEETING-7/3/2024 21. Approval of bills and payroll. (RHM) MMC Sllls RESULT APPROVED •rUNAW1146US] MOVER: David Hell, Conimissloner. Pct'i SECONDER. `' Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer. CCtmi5.sbnerHall, Lyssy, Behrens; Reese Indigent Healthcare. RESULT. APPROVEU'[UNANIMOUS] . MOVER: , David Hall, Commissioner Pct I SECONDER: `= Vern Lyssy, Commissioner Pct 2 AYES' Judge Meyer:Commissi0ner HMI, Lyssy; Behrens,Reese. Adjourned 10:43am Page 6 of 6 NOTICF OF MEFTING - 8/21/2024 Richard ]H . Meyer County judge dg°e David 114 Commissioner, Precinct 1 Vern ]Lyssy, Commissioner, Precinct 2 Clyde Syrna, Commissioner, Precinct 3 Garry Reese, Commissioner, Precinct 4 The Commissioners'Court of Calhoun County, Texas met on Wednesday, August 21, 2024, at 10:00 a.m. in the Commissioners'Courtroom in the County Courthouse at 211 S. Aran Street, Suite 104, Port ]Lavaca, Calhoun County, Texas. Attached are the true and correct minutes of the above referenced meeting. Richard Meyer, Cou Judge Calhoun County, Texas Anna Goodman, County Clerk Page 1 of 1 NOTICE OF MEETING-8/21/2024 August 21, 2024 MEETING- MINUTES Q;!c OF CALHOUN COUNTY COMMISSIONERS' COURT MET IN A REGULAR MEETING AT 10:00 A.M. IN THE COMMISSIONERS' COURTROOM IN THE COUNTY COURTHOUSE AT 211 S. ANN STREET SUITE 104 PORT LAVACA, CALHOUN COUNTY, TEXAS. THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Joel Behrens Gary Reese Anna Goodman By: Kaddie Smith The subject matter of such meeting is as follows: 1. Call meeting to order. County Judge Commissioner Pct 1 Commissioner Pct 2 Commissioner Pct 3 Commissioner Pct 4 County Clerk Deputy Clerk Meeting was called to order at 10am by Judge Richard Meyer 2. Invocation. Commissioner David Hall 3. Pledges of Allegiance. US Flag: Commissioner Gary Reese Texas Flag: Commissioner Vern Lyssy 4. General Discussion of Public Matters and Public Participation. None Page 1 of 5 NOTICE OF MEETING — 8/21/2024 5. Approve August 14, 2024 Commissioners' Court Regular Meeting Minutes. (RHM) Y' RESULT• ":APPROVED rUNANIMOUS] MdVER: '. ;Vern Lyssy, Comm'isswner:Pct 2 =: SECONDER' Joel, Behrens Commissioner Pct 3 AIf.ESi Judge Meyer, ComrnisswneF. Flail, Lyssy, Behrens, Reese..:. 6. Consider and take necessary action for an extension agent to present V. G. Young Certificates to the Court. (RHM) eyer and:Commissroner .Behrens for the leadership Academy ESULT APPROVED [UNANIMOUS] OVER. Vern'Lyssy; Commissionef Pct 2 �CONDER: David Hall, Cd. nm ssioner:Pct 1 YES Judge.Meyer, Commissioner Hall, Lyssy, Behrens, Reese, 7. Hearing to consider and take any necessary action on the proposed award to the lowest and best bidder for Bid No. 2024.08 — Infrastructure at Little Chocolate Bayou County Park Playground Improvements Phase 2 for Calhoun County, Texas — Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order E-1, Including any previously unconsidered evidence from responsive lower dollar bidders, if any, in accordance with the notice and protest procedures required under Local Government Code Section 262.027(c)(2)&(h). (DEH) 8. Consider and take necessary action on Insurance proceeds check from TAC In the amount of $9,545.75 ($14,545.75 — $5,000.00 deductible) for damages from Jail water leak on 04/29/24. (RHM) RESULT APPROVED[UNANIMOUS] MO VES; Gary Reese, Comi)issioner Pct 4 SECONDEiE Vern Lyssy, Commissioner Pet 2 AYES. Judge Meyer, Commissioner HaII, Lyssy, Behrens, Reese Page 2 of 5 I NOTICE OF MEETING-8/21/2024 9. Consider and take necessary action to approve Calhoun County Fair Association to sell alcohol at the 2024 Calhoun County Fair. (RHM) 10. Consider and take necessary action to propose a new tax rate for 2024. (RHM) Court approvgd:new . axOV_rate of 0 6 2 APPRED [UNA7VI�IOC1S] MOVER Vern Lyssy, Commissloner.Oct 2, iQCONDER• David Hall, Commissloner Oct 1 AYES Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 11. Consider and take necessary action to set the date, time and location for the Public Hearing to adopt the 2024 proposed tax rate. (RHM) Court apto -iproved et the. he hearing for SQptember 4 ;2024 RESULT `:APPROVED [UNANIMOUS] MOVER. VernLyssy; CominissionerPct 2 kiliho& Joel Behrens, Commissioner Pit 3 AYES: Judge Meyer, Coma issioner'HaII, Lywy, Behrens, Rey§e . 12. Consider and take necessary action to set the date, time and location for the Public Hearing to adopt the 2025 Calhoun County Budget. (RHM) Page 3 of 5 NOTICE OF MEETING — 8/21/2024 13. Consider and take necessary action to approve the Memorandum of Understanding between Calhoun County EMS and Jump Aero Incorporated and authorize the Calhoun County EMS Director to sign. (RHM) 14. Consider and take necessary action to approve the Hurts Wastewater Managment, Ltd. Contract and authorize Calhoun County EMS Director to sign. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER Joel Behrens, Commissioner Pct 3 SECONDER bevid Hall; Commissioner Pct 1 = AYES, `T_. - . judge Meyer; Commissioner Hall, Lymy. Behrens" Reese 15. Consider and take necessary action on Asbestos Abatement Proposal for 312 S. Ann St., Port Lavaca, TX and authorize the County Judge to sign. (RHM) 1fSULT ,: APPROVED [UNANIMOUS] MQVER' ` Gary Reese, Commissloner'Pirt 4 SECONDER Joel Behrens, commissioner i�ct 3 AYE5 Judge Meyer, Commissioner;Hail, Lysy, Behrens, Reese. 16. Consider and take necessary action to approve the FY 2024 Interlocal Agreement with Gulf Bend Center for Indigent care in the amount of $26,000.00 and authorize Judge Meyer to sign all documents. (RHM) RESULT ' APPROVED (UHANIMOUSj MOVER• Vern Lyssy, Comrnission&.?ct Z SECONDER David Hall, Commissioner Pet I:: AYES', `Judge Meyer, Comrolssloner Hall. Lyssy, Behrens, Reese;.'; 17. Accept Monthly Reports from the following County Offices: I. Tax Assessor -Collector — July 2024 RESULT: APPROVEO1 [UNANIMOU.§] . MOVER =;Vern Lyssy, Cornn'issioner PCt 2 SECONDER Gary Reese, Commissioner Pct 4 AXES: Judge. Meyer,. Commissioner Hall, Lyssy,:: Behrens, Reese Page 4 of 5 NOTICE OF MEFTING — 8/21/2024 18. Consider and take necessary action on any necessary budget adjustments. (RHM) Ri:SULi ., APPROVED [UNANIMOUS] NIgVER, :; Gery'Reese, Commissioner. PctA SECONIDER:• Joel Behrens,:Commissioner PCV AYES Judge Meyer, Corn ssioner Hall, Lyssy, Behrens, Re,se. 19. Approval of bills and payroll. (RHM) MW Pill's..77777777 FtESUI.t" APPROVED [UNANIMQUS] MOVER:; Da vrd Hall, ComrrmissionerPCt 1 SCON1CiER: Vern Lyssy, Commissioner;;Pct 2 . AYES. Judge Meyer,. Commissioner HaII;;Lyssy, Behrens, Reese C6unty Bills: zZ ItESVLT APPROVED [UNAANIMO US] MOVER _ ; Davrd-Hall, Comssioner:'Pct i SECONDER Vern Lyssy, Commissioner Pct.2 AYES Judge Meyer, Commissioner Hall, Lyssy, Behrens,.Re,.ese. SUPPLEMENTAL AGENDA The subject matter of such meeting is as follows: 20. Consider and take necessary action to approve the proposal with CFI Mechanical, Inc. to repair one chiller at the Calhoun County Courthouse for the amount of $35,250.00. (RHM) RESULT . APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 : SECONDER: e )avid.. Hall; Commissioner. Pet 1 AYES< Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese. Page 5 of 5 # 06 NOTICE OF MEFTING--8/24/2024 6. Public Hearing regarding amending the 2024 Calhoun County budget. (RHM) Public Hearing opened at 10:02am Erica Perez read the amendments. Public Hearing closed at 10:07am Page 3 of 15 PUBLIC HEARING—8/28/2024 Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, August 28, 2024 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse, 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. The Calhoun County Commissioners' Court will hold a Public Hearing on amending the 2024 Calhoun County Budget. This notice is in accordance with S ection 111.007 and Section 111.0075 of the Texas Local Government code. 44e Richard H. Meyer, County Jud Calhoun County, Texas , Anna Goodman, County Clerk A7 FILED O'CLOCK__a_/ M A Of, 23 2024 aouH4MO By. Deputy Of, As ovum A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at ww w.calhouncotx ore under "Commissioners' Court Agenda" for any official court postings. Page 1 of 1 N0 fICE GF MEF_TING — 8/28/2024 7. Consider and take necessary action to amend the 2024 Calhoun County budget. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: VerniLyssy, Commissioner°Pct 2 SECONDER: David Nall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 4 of 15 W N 0 m p= )0, a j m m m' m ,m ME 0) 0 n oOe o c�)Do 1110 m= 0 a Z m_ IcD A j H - a- b-n f Z,z OnID 111= m ZO V, m m =3 O �; m' - 'O =_ m Ol = T z < _ ZN' z= A p WE z O - { y 3 N 200! -mi - MZa 3 00G)0. m = j ri i z- :n = 2 �1 ° w s V 0yI 0= _ z - p � 'M -pi - I 1 ?111 3"��,.I m_ _ o o.o z= m o ojl�'n h11 _ z Z ° .i_ z _ c= w d imf W_= O O Otq'�r=. V V = O fA O'IT lwa C� ago = U�1 Ni TCp = MEAI T 0111 C 00 V zj a ,C to m n a m zGI i a� n m,3 r �3 Z Q n �III 0 r N _A 0 � a 0 O 0_ c z co ID I A W N 9 O O O ,� T mv _ o m Z 3= 'm z m= __ ;z a Lm O m= m = l c IL K 11 A 1 W 8 9 C3 C v m a a m z P) c a �'', CO) ' 0 m Z rZ_ ICA' c to i L4 v.v o w �o c 0 IR C Z n _m m 2! a //z� Y� v �' n m3 oCL CAD CL z m e Z f` m NGo C v; � ?= Iz o z_ °' C O O I:QiT T ^w IIT pp GOD m a a ox a \#«a\$2M�%\\ cE a/ k\\%\(;f\ Ifn Ju 00 O O O � pppsppp P fA wi ow a a 000o,O TI NOTICE OF MEE PING — 8/28/2024 8. Approve and accept the donation of a StairMaster Free Climber 4600 PT to Calhoun County EMS from Danielle Lacina, General Manager of the Port Lavaca Anytime Fitness. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Joel Behrens, Commissioner Pct 3" AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 5 of 15 Debbie From: Dustin.Jenkins@calhouncotx.org (Dustin Jenkins) <Dustin.Jenkins@calhouncotx.org> Sent: Monday, August 19, 2024 2:50 PM To: debbie.vickery@calhouncotx.org ry@calhouncotx.org Erika Rojas; Donna Hall Subject: Fwd: Donation Debbie, Please place the following on the next Commissioners court agenda. Approve and accept the donation of a StairMaster Free Climber 4600 PT to Calhoun County EMS from Danielle Lacina, General Manager of the Port Lavaca Anytime Fitness. Thanks, Dustin Jenkins From: "Matthew.Hooten@calhouncobcorg (Matthew Hooten)" <Matthew.Hooten@calhouncotx.org> To: "Dustin Jenkins"<dustin.jenkins@calhouncob(.org> Date: Fri, 16 Aug 2024 10:48:39 -0500 Subject: Donation Good afternoon Danielle Lacina , who is the general manager of the Anytime Fitness in Port Lavaca would like to donate some workout equipment to our EMS department. She will be donating a StairMaster Free climber 4600 PT. Attached are pictures of the equipment and as I understand it is in good working order. Matthew Hooten Sent from my Phone Calhoun County Texas J. Dustin Jenkins, DMin, MBA, LP Director of Emergency Medical Services 705 Henry Barber Way Calhoun County, TX dustin.jenkins@calhouncotx.org (361) 571-0014 Calhoun County Texas # 09 N0IICF.01'MEETING-8/28/2024 9. Consider and take necessary action to allow Sheriff Vickery to apply for an NRA grant for the purchase of additional ALERRT training aids for the Calhoun County Sheriffs Office. This equipment will be utilized for training of ALL county Law Enforcement Personnel and will consist of an additional 5 simunition pistols, 5 simunition rifle uppers, 10 rifle lowers and personal protective equipment. (RHM) Sheriff explained the grant and training, RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese '. Page 6 of 15 CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (36-4553-4668, MEMO TO: RICHARD MEVEX COUNTY JUDGE SUBJECT: NRA GRANT APPLICATION DATE: AUGUST 28, 2024 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR AUGUST 28, 2024 * Consider and take necessary action to allow Sheriff Vickery to apply for an NRA grant for the purchase of additional ALERRT training aids for the Calhoun County Sheriff's Office. This equipment will be utilized for training of ALL county Law Enforcement personal and will consist of an additional 5 simunition pistols, 5 simunition rifle uppers, 10 rifle lowers and personal protective equipment. Sincerely, 10,14, Bobbie Vickery Calhoun County Sheriff #10 I NOFICEOFMEETING —8/28/202.4 10. Consider and take necessary action to use Secure Tech Systems Inc. bid proposal in the amount of $52,405.80 for the replacement of the Calhoun County Panic Button System and allow County Judge Richard Meyer to sign all pertinent documentation. Secure Tech is on the Buy Board. (RHM) Pass Page 7 of 15 Debbie Vickery From: Bobbie.Vickery@calhouncotx.org (Bobbie Vickery) <Bobbie.Vickery@calhouncotx.org> Sent: Wednesday, August 21, 2024 12:40 PM To: Debbie.Vickery@calhouncotx.org Subject: Agenda Item for Next Week Attachments: Quote - WAVE Plus.pdf Need to add this to the next Wednesday agenda please Consider and take necessary action to use Secure Tech Systems Inc. bid proposal in the amount of $52,405.80 for the replacement of the Calhoun County Panic Button System and allow County Judge Richard Meyer to sign all pertinent documentation. Secure Tech is on the Buy Board. Sheriff BJ Vickery Calhoun County Sheriff's Office Office 361-553-4646 Fax 361-553-4668 Calhoun County Texas WAVE Plus System Proposal for Calhoun County, TX May 2, 2024 Item Description Quantity Cost Total Courthouse 1 WAVE Plus Control Panel 1 $8,930.00 $8,930.00 2 Single Button Duress Alarm 31 $133.95 $4,152.45 3 Repeater 1 $660.25 $660.25 4 SMS Text Message Feature, per 12 months 2 $114.00 $228.00 Port O'Conner 5 WAVE Plus Control Panel 1 $8,930.00 $8,930.00 6 Single Button Duress Alarm 3 $133.95 $401.85 7 SMS Text Message Feature, per 12 months 2 $114.00 $228.00 Seadrift 8 WAVE Plus Control Panel 1 $8,930.00 $8,930.00 9 Single Button Duress Alarm 3 $133.95 $401.85 10 SMS Text Message Feature, per 12 months 2 $114.00 $228.00 Port Comfort 11 WAVE Plus Control Panel 1 $8,930.00 $8,930.00 12 Single Button Duress Alarm 3 $133.95 $401.85 13 SMS Text Message Feature, per 12 months 2 $114.00 $228.00 Annex Building - Probation 14 Single Button Duress Alarm 19 $133.95 $2,545.05 15 Repeater 1 $660.25 $660.25 Annex Building II 16 Single Button Duress Alarm 10 $133.95 $1,339.50 17 Repeater 1 $660.25 $660.25 Private School 18 Single Button Duress Alarm 10 $133.95 $1,339.50 19 Repeater 2 $660.25 $1320.50 20 On Site Set-up and Training 2 $945.25 $1,890.50 TIPS 240102 Emergency Responder Supplies, Equipment, and Services ** Please note that this quote does NOT include state and local taxes at applicable rates. Total $52,405.80 Key Features • Two year limited warranty standard with all WAVE systems • Customer must provide a radio for each control panel if 800 MHz or any other non-standard frequencies are specified • This quote is valid for six months from the issue date • SecureTech's standard terms and conditions apply Accepted By: Date: NOTICE OF MEETING — 8/28/2024 11. Consider and take necessary action to approve Project Manual and Plans for Bid No. 2024.09 - Bill Sanders Park - Swan Point Bulkhead & Pier Construction and allow Urban Engineering and auditor's office to advertise for bids. (GDR) Matt Glaze briefly explained the plan. RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 8of15 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 19, 2024 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Meyer: Please place the following item on the Commissioners' Court Agenda for August 28, 2024. • Consider and take necessary action to approve Project Manual and Plans for Bid No. 2024.09 - Bill Sanders Park - Swan Point Bulkhead & Pier Construction and allow Urban Engineering and auditor's office to advertise for bids. Sincerely,'( Gary Reese GDR/at P.O. Box 177 —Seadrift, Texas 77983 —email: Rarv.reese a calhouncomom — (361) 785-3141 —Fax (361) 785-5602 PROJECT MANUAL BID NO. 2024.09 - CALHOUN COUNTY BILL SANDERS PARK - SWAN POINT BULKHEAD & PIER CONSTRUCTION SEADRIFT, TEXAS AUGUST 2024 ., . URBAN ENGINEERING TREF# F-160 CONSULTING ENGINEERS,%; 2004 N. COMMERCE ST. VICTORIA, TEXAS 77901-5510 U.E. JOB NO. E25470.00 N MATT A. GLAZE V. 99253 .x am INTRODUCTORY INFORMATION 00001 Project Title Page 00010 Table of Contents 00015 List of Drawings E25470.00 - Project Title Page 00124 PROJECT MANUAL _•- BID NO. 2024.09 - CALHOUN COUNTY BILL SANDERS PARK - SWAN POINT BULKHEAD & PIER CONSTRUCTION SEADRIFT, TEXAS AUGUST 2024 PREPARED BY: URBAN ENGINEERING TREF# F-160 CONSULTING ENGINEERS,, 2004 N. COMMERCE ST. VICTORIA, TEXAS 77901-5510 U.E. JOB NO. E25470.00 �99253 00001 - 1 TABLE OF CONTENTS INTRODUCTORY INFORMATION 00001 Project Title Page 00010 Table of Contents 00015 List of Drawings BIDDING REQUIREMENTS 00100 Bid Solicitation 00200 Instructions to Bidders 00410 Bid Form 00430 Bid Form Supplements 00450 Representations and Certifications 00490 Bidding Addenda CONTRACTING REQUIREMENTS 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Bonds 00620 Certificates 00640 Release of Liens 00700 General Conditions 00800 Supplementary Conditions 00810 Calhoun County General Conditions 00940 Modifications PROJECT SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01015 Contractor Use of Premises 01025 Measurement and Payment 01035 Change Order Procedures 01040 Coordination and Meetings 01045 Cutting and Patching 01050 Field Surveying 01090 Reference Standards 01300 Submittals 01380 Construction Photographs and Videos 01410 Testing Laboratory Services 01420 Inspection Services 01500 Temporary Facilities and Controls 01505 Mobilization 01511 Diversion Pumping 01526 Trench Safety System 01535 Tree and Plant Protection 01560 Storm Water Pollution Prevention 01563 Control of Ground Water and Surface Water 01564 Waste Material Disposal 01566 Source Controls for Erosion and Sedimentation E2WO.00, Table a Cantents 08124 00010 - 1 01567 Filter Fabric Fence 01568 Reinforced Filter Fabric Barrier 01569 Stabilized Construction Exit 01570 Traffic Control and Regulation 01630 Product Options and Substitutions 01700 Contract Closeout 01720 Project Record Documents Division 2 - Site Work 02484 Marine Bulkheads 02485 Treated Timber Structures E25470.00- Table & Contents OM4 00010 - 2 LIST OF DRAWINGS Description Sheet Cover Sheet C1 General Notes C2 Pier & Bulkhead Plan C3 Pier & Bulkhead Grading C4 Pier Details D1 - D4 Bulkhead Details D5 - D6 Standard Details D7 Electrical & Water Plan E1 E2547D.00 - List of Drawings 08/24 00015 - 1 BIDDING REQUIREMENTS 00100 Bid Solicitation 00200 Instructions to Bidders 00410 Bid Form 00430 Bid Form Supplements 00450 Representations and Certifications 00490 Bidding Addenda INVITATION TO BID FOR BID NO. 2024.09 - CALHOUN COUNTY BILL SANDERS PARK - SWAN POINT BULKHEAD & PIER CONSTRUCTION SEADRIFT, TEXAS Notice is hereby given that the Commissioners Court of Calhoun County, Texas will receive bids for Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction, Seadrift, Texas The project consists of the construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing Pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions. A Pre -Bid Conference will be held at 10:00 a.m. on Tuesday, September 17, 2024 at the Bill Sanders Park located off Swan Point Road in Seadrift, Texas. All Bidders and Plan Holders are strongly urged to attend. Sealed Bids consisting of one USB flash drive and one original and three printed copies are due before 2:00:00 p.m. on Thursday, October 10, 2024. At this time, all bids will be publicly opened and read aloud at the County Judge's office in the Calhoun County Courthouse, 211 South Ann Street, 31d Floor, Suite 301, Port Lavaca, Texas. All bids (one USB flash drive and one original and three printed copies) must be delivered to the Office of the Calhoun County Judge in a sealed 9 x 12 or larger envelope and clearly marked Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction, Seadrift, Texas. Calhoun County does not accept faxed or emailed bids. Any bids received after the due date and time will be returned unopened. Sealed Bids may be hand delivered or mailed to: Honorable Richard H. Meyer, County Judge Calhoun County Courthouse 211 South Ann Street 31 Floor, Suite 301 Port Lavaca, TX 77979 Bidders must submit with their bid a bid bond, cashier's or certified check payable without recourse to the order of Calhoun County, Texas in an amount not less than five percent (5%) of the bid submitted as a guarantee that the Bidder will enter into a contract and execute bonds and guarantee in the forms provided within fifteen (15) days after Notice of Award of contract to him. Bids submitted without the required security will not be considered. All contractors and subcontractors must be cleared (not suspended or debarred) priorto any formal action authorizing the award of a contract to the contractor. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, Section 3 Businesses, and Labor Surplus Area Firms are encouraged to submit bids. E25470.00— Invitation to Bid 08124 00100 - 1 Calhoun County reserves the right to reject any or all bids or to waive any informalities in the bidding and to award to the responsible bidder submitting the best qualified acceptable bid who, in the opinion of Calhoun County, offers the bid in the best interest of the County. Bids may be held by Calhoun County for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the Bidders' qualifications prior to the contract award. The successful Bidderwill be required to purchase and furnish a Performance Bond and a Payment Bond, each in the amount of the contract, written by a responsible surety company, authorized to do business in the State of Texas, as required by Article 5160, V.A.T.C.S., as amended by H.B. 344, passed by the 56th Legislature, Regular Session, 1959. Information for Bidders, bid forms, specifications and plans are available for inspection during regular business hours at Urban Engineering, 2004 N. Commerce Street, Victoria, Texas 77901, (361) 578-9836. Prospective Bidders may obtain complete copies of the plans, project manual and specifications from Urban Engineering. An electronic file copy is available at no charge or a printed copy is available for a non-refundable fee of $100.00 per copy. It is recommended that Bidders obtain a complete copy of the Bidding Documents from Urban Engineering to submit a bid. Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Candice Villarreal County Auditor Calhoun County, Texas Publish: September 4, 2024 September 11, 2024 E25470 00— Invitation to Bid 08124 00100 - 2 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE1 - DEFINED TERMS..................................................................................................................... 3 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS ................................................... ARTICLE 3 - QUALIFICATIONS OF BIDDERS............................................................................................ 3 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE .......... 3 ARTICLE 5 - PRE -BID CONFERENCE......................................................................................................... 5 ARTICLE 6 - SITE AND OTHER AREAS...................................................................................................... 6 ARTICLE 7 - INTERPRETATIONS AND ADDENDA .................................................................................... 6 ARTICLE8 - BID SECURITY......................................................................................................................... 6 ARTICLE9 - CONTRACT TIMES.................................................................................................................. 6 ARTICLE 10 - LIQUIDATED DAMAGES....................................................................................................... 7 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS .............................................................................. 7 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS........................................................... 7 ARTICLE 13 - PREPARATION OF BID ........................................ . ARTICLE 14 - BASIS OF BID; EVALUATION OF DS .................. ARTICLE 15 - SUBMITTAL OF BID ......................................................... ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID ..................................................................... 9 ARTICLE17 - OPENING OF BIDS................................................................................................................ 10 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ................................................................ 10 ARTICLE 19 - AWARD OF CONTRACT.......................................................................................................10 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE ......................................................................... 10 ARTICLE 21 - SIGNING OF AGREEMENT................................................................................................... 11 ARTICLE 22 - SALES AND USE TAXES ...................................................... ARTICLE23 - RETAINAGE............................................................................................................................ 11 ARTICLE 24 - CONTRACTS TO BE ASSIGNED ......................................................................................... 11 ARTICLE25 - PARTNERING......................................................................................................................... 11 E25470.00, Instwcfians to Biddm 08/24 00200 - 1 INSTRUCTIONS TO BIDDERS TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract....................................................................................................................................... 19 Basisof Bid; Evaluation of Bids.................................................................................................................. 14 BidSecurity................................................................................................................................................... 8 Bids to Remain Subject to Acceptance.......................................................................................................18 Contract Security and Insurance................................................................................................................. 20 ContractTimes.............................................................................................................................................. 9 Contractsto be Assigned............................................................................................................................ 24 Copiesof Bidding Documents....................................................................................................................... 2 DefinedTerms............................................................................................................................................... 1 Examination of Bidding Documents, Other Related Data, and Site.............................................................4 Interpretationsand Addenda......................................................................................................................... 7 LiquidatedDamages................................................................................................................................... 10 Modification and Withdrawal of Bid............................................................................................................. 16 Openingof Bids........................................................................................................................................... 17 Partnering.................................................................................................................................................... 25 Pre -Bid Conference....................................................................................................................................... 5 Preparationof Bid.......................................................................................................................................13 Qualificationsof Bidders............................................................................................................................... 3 Retainage.................................................................................................................................................... 23 Salesand Use Taxes.................................................................................................................................. 22 Signingof Agreement..................................................................................................................................21 Siteand Other Areas..................................................................................................................................... 6 Subcontractors, Suppliers and Others........................................................................................................12 Submittalof Bid........................................................................................................................................... 15 Substituteand "Or -Equal" Items..................................................................................................................11 E25470.00- Instwdions to Bldd rs 08124 00200 - 2 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered is Urban Engineering, 2004 N. Commerce Street, Victoria, TX 77901, (361) 578-9836. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. If the deposit sum, if any, stated in the Advertisement or Invitation to Bid is refundable, the deposit sum will be refunded upon return to the Issuing Office of the Project Manual and Plans, in good condition, within 10 days of Bid Opening. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Completed Statement of Bidder's Qualifications ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. E25470.00 - Inst.gion. W Bidders 0B/24 00200 - 3 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data' or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data' or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; E25470.00- Instmetions to Bidders 08/24 00200 - 4 B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 A pre -Bid conference will be held at the location, time and date indicated in the Advertisement or Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective E25470.00 - Instructions to Bidders O8a4 00200 - 5 Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on the form attached) issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which the Work is to be substantially completed and ready for final payment is set forth in the Agreement. E25470.00 - Instmclions to Bidders 08124 ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed E25470.00 - Instructions to Bidders 08124 00200 - 7 and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also be shown on the Bid form. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 15 - SUBMITTAL OF BID 15.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid form, and, if required, the Bid Bond. The Bid must be submitted on the forms E25470.00 - Instmctians to Bidders 08/24 00200 - 8 provided. The unbound copy of the Bid form is to be completed and submitted with the Bid security and the following data: A. Schedule of Proposed Subcontractors; B. Statement of Bidder's Qualifications; C. Affidavit; D. Conflict of Interest Questionnaire Form CIQ; E. Certification Regarding Debarment & Suspension and Other Responsibility Matters; F. Certification Regarding Lobbying; G. Disclosure of Lobbying Activities and Instructions; H. House Bill 89 Verification; I. Residence Certification; J. System for Award Management (Print out of search results); K. W-9. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation 'BID ENCLOSED." A mailed Bid shall be addressed to the location indicated in the Advertisement or Invitation to Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. E25470.00 - Instmotions to Bidders 08/ 4 00200 - 9 ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non -responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds. E25470.00-Instructions to Bidders 08a4 ,I1111KII11IM111 ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When ENGINEER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to ENGINEER. Within fifteen days thereafter, ENGINEER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - SALES AND USE TAXES 22.01 OWNER is exempt from state and local sales tax pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act. Refer to paragraph 6.10.A of the Supplementary Conditions for additional information. ARTICLE 23 - RETAINAGE 23.01 CONTRACTOR is not allowed to deposit securities in lieu of retainage. ARTICLE 24 - CONTRACTS TO BE ASSIGNED - Not Applicable ARTICLE 25 - PARTNERING - Not Applicable E2e47000 - mMWCVons to udders 08124 00200 - 11 BID FORM PROJECT IDENTIFICATION: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction Seadrift, Texas CONTRACT IDENTIFICATION AND NUMBER: Bid No. 2024.09 THIS BID IS SUBMITTED TO: The Honorable Richard H. Meyer, Calhoun County Judge Calhoun County Courthouse 211 S. Ann Street, Suite 301 Port Lavaca, Texas 77979 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the E25470.00- Bid Forth OW4 00410 - 1 specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the price(s) on the following page(s): E25470.00 - Bid Fame OW24 00410 - 2 BID NO.2024.09 - CALHOUN COUNTY BILL SANDERS PARK -SWAN POINT BULKHEAD & PIER CONSTRUCTION (BIDDER) PREPARED BY: URBAN ENGINEERING ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID GENERAL 1. 2. Mobilization, Insurance and Bonds (Maximum 10%of Base Bid) Barricading & Traffic Control (Furnish, Install, Maintain & Remove Signs & Warning Devices) (Includes Flagmen, Traffic Handling, Traffic Control Plan & Temporary Striping) 1 1 LS IS $ $ $ $ 3. Construction Staking 1 LS $ $ SUBTOTAL GENERAL $ IMPROVEMENTS 4. Timber Pier 1 LS $ $ S. Mn I Bulkhead 336 LF $ $ 6. Fish Cleanin Station 1 LS $ $ 7. Bulkhead Ca 1,100 SF $ $ 8. Concrete Sidewalk 590 SF $ $ 9. ADA Parkin 340 SF $ $ 10. Curb Stop 1 EA $ $ 11. ADA Parkin Si n 1 EA $ $ 12. ADA Sir! in 1 LS $ $ 13. Water Main 1" Sch 40 320 LF $ $ 14. Hose Bib 3 EA $ $ 15. Remove & Install New Electrical Panel 1 LS $ $ 16. Pier Conduit & Wire 1 LS $ $ 17. Fishin Li ht Green LED 6 EA $ $ SUBTOTAL IMPROVEMENTS $ TOTAL BASE BID Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. E25470.00 - Bid Form 08n4 00410 - 3 It is the intent of the OWNER to award a Contract for all work items and quantities listed on the Bid Form. In the event that the low Bid submitted by a qualified Bidder exceed the funds budgeted for this Project, the OWNER reserves the right to reduce the scope of the work so that the Project can be completed within the budgeted amount; this may be done by eliminating any or all parts of the Project. The Bidder hereby agrees to maintain the unit prices shown on the Bid Form should this reduction in the scope of the work be necessary. 6.01 Bidder agrees that the Work will be substantially complete within calendar days (TO BE FILLED IN BY BIDDER) after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 14 calendar days after the date of substantial completion. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following document(s) are attached to and made a condition of this Bid: A. Required Bid Security in the form of (specify type of Bid Security: Bond, Cashier's Check, Certified Check); B. Schedule of Proposed Subcontractors to be identified in this Bid; C. Statement of Bidder's Qualifications with supporting data; D. Affidavit; E. Conflict of Interest Questionnaire Form CIQ; F. Certification Regarding Debarment & Suspension and Other Responsibility Matters; G. Certification Regarding Lobbying; H. Disclosure of Lobbying Activities and Instructions; I. House Bill 89 Verification; J. Residence Certification; K. System for Award Management (Printout of search results); L. W-9. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on State Contractor License No. E25470.00 - Bid Form 08/ 4 (If applicable) 00410 - 4 If Bidder is: An Individual Name (typed or printed): By. (SEAL) (individuars signature) Doing business as Business address: Phone No.: A Partnership Partnership Name:. FAX No.: (SEAL) By: (Signature of general partner --attach evidence of authority to sign) Name (typed or printed): Business address Phone No.: A Corporation Corporation Name: State of Incorporation: FAX No.: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: (Signature Business address: Phone No.: Date of Qualification to do business is E25470.00 - Bid Form 08124 FAX No.: (SEAL) (CORPORATE SEAL) 00410 - 5 A Joint Venture Joint Venturer Name: By: (Signature ofjoint venture partner-- attach evidence of authority to sign) Name (typed or printed) Title: Business address (SEAL) Phone No.: FAX No.: Joint Venturer Name: (SEAL) By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No Phone and FAX Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) E25470.00 - Bid Form 08/24 00410 - 6 PENAL SUM FORM BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later than Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: Signature and Title Attest: Signature and Title By: Signature and Title (Attach Power of Attorney) Attest: 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) E25470.00 - Bid Bond 08/ 4 00430 - 1 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 EJCDC NO. 1910-28-C (1996 Edition) E25470.00-Bid Bond OM4 PENAL SUM FORM 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 of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. 00430 - 2 SCHEDULE OF PROPOSED SUBCONTRACTORS Bidder proposes the following subcontractors to be used for major portions of the Project. All major subcontractors must be listed and submitted with the Bid. Bidder may change subcontractors after Bid submittal only as approved by the Engineer. Major subcontractors are those who will do work having a total value of more than five percent (5%) of the Contract amount. The maximum total value of work performed by all subcontractors on the Project shall not exceed seventy-five percent (75%) of the Contract amount. Subcontractor Address & Telephone Number Speciality Subcontract Amount 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. E25470.00-Schedule a Propo.cd Subcontractors 08124 00430 - 3 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: Address: Date Organized: Date Incorporated: Number of years in contracting business under present name: CONTRACTS ON HAND: Contract Dollar Amount Completion Date Type of work performed by your company: Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? List the projects most recently completed by your firm (include projects of similar importance): Project Dollar Amount MoNr Completed E25470.00- Statement of Bidder's Qualifications 08Q4 00450 - 1 Major equipment available for this contract: Executed this day of A (Signature) (Print Name) State of County of Sworn to and subscribed before me this day of E25470 00 - Statement of Bidder's Oualificatians 08/ 4 Notary Signature Printed Name In and for the State of Commission Expires (Title) 00450 - 2 STATE OF TEXAS {} COUNTY OF {} (Type or Print Name) the of AFFIDAVIT being first duly sworn, deposes and says: that he or she is (Type or Print Title) (Type or Print Name of Company/Firm) principal address at (Type or Print Physical and Mailing Address) having its who submits herewith to Calhoun County the attached bid/proposal; that he or she is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact herein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of Calhoun County, or of any other bidder/proposer, or anyone else interested in the bid/proposal contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves an advantage over any other bidder/proposer. Affiant further deposes and says: that priorto the public opening and reading of bids/proposals, said bidder/proposer: a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b) did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder/proposer or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from submitting a bid/proposal or withdraw their bid/proposal; c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price/proposal of said bidder/proposer or of anyone else, or to raise or fix any overhead, profit or cost element of their price/fee or of that of anyone else; d) did not give, offer to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any official, employee or agent of Calhoun County in connection with the submitted bid/proposal; and e) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative hereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent, thereof, to any individual or group of individuals, or to any official, employee or agent of Calhoun County prior to the official opening of this bid/proposal. Affiant further deposes and says: that the bid price(s) or proposed fees contained in this bid/proposal have been carefully checked and is submitted as true and correct, agrees to furnish any and/or all items/services upon which bid prices or proposed fees are awarded and upon the conditions and requirements contained in the bid/proposal. Signature of Affiant Printed Name and Title of Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath, states that the facts contained in the above are true and correct, this day of , 20 Signature of Notary Public Notary Stamp/Seal CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Cade, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. t Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes FIND B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F]Yes E-1 No _6j Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www. ethics. state. tx. us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code & 176 001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code & 176 003(a)(2)(A) and (B)• (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (1) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code & 176 006(a) and fa 1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. . .-I www. e[nics.state.tx.us Revised 1/1/2021 CERTIFICATION REGARDING DEBARMENT & SUSPENSION AND OTHER RESPONSIBILITY MATTERS In accordance with the Executive Order 12549, the prospective primary participant certifies to the best of his / her knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification. d. Have not within a three-year period preceding this application / proposal had one or more public transactions (federal, state, or local) terminated for cause of default. e. Acknowledge that all sub -contractors selected for this project must be in compliance with paragraphs (1) (a — d) of this certification. Name and Title of Authorized Agent Date Signature of Authorized Agent I am unable to certify to the above statements. My explanation is attached. DEBARMENT & SUSPENSION Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. See. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded fi om program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. See. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. Implementation in the SRF Programs A company or individual who is debarred or suspended cannot participate in primary and lower -tiered covered transactions. These transactions include SRF loans and contracts and subcontracts awarded with SRF loan funds. Under 40 C.F.R. 32.510, the SRF agency must submit a certification stating that it shall not knowingly enter into any transaction with a person who is proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the SRF program. This certification is reviewed by the EPA regional office before the capitalization grant is awarded. A recipient of SRF assistance directly made available by capitalization grants must provide a certification that it will not knowingly enter into a contract with anyone who is ineligible under the regulations to participate in the project. Contractors on the project have to provide a similar certification prior to the award of a contract and subcontractors on the project have to provide the general contractor with the certification prior to the award of any subcontract. In addition to actions taken under 40 C.F.R. Part 32, there are a wide range of other sanctions that can render a party ineligible to participate in the SRF program. Lists of debarred, suspended and otherwise ineligible parties are maintained by the General Services Administration and should be checked by the SRF agency and all recipients of funds directly made available by capitalization grants to ensure the accuracy of certifications. Additional References C 40 C.F.R. Part 32: EPA Regulations on Debarment and Suspension. Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Printed Name and Title of Contractor's Authorized Official Date Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See rrvrrcr fr' .-1.1:.. 1 ...Je., d:....n....,_e� 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant _ b. initial award b. material change c. cooperative agreement c. post -award d. loan For material change only: e. loan guarantee Year quarter f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Prime Subawardee Name and Address of Prime: Tier , if Known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address (ifindividual, last name, first name, MI): diferentfrom No. I0a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Sub awardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001" 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services,and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348- 0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 Approved by OMB 034E-0046 HOUSE BILL 89 VERIFICATION FORM Certification Required by Texas Government Code Section 2270.001 The 85" Texas Legislature approved new legislation, effective September 1, 2017, which amends Texas Local Government Code Section 1, Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a government entity may not enter into a contract (which includes contracts formed through purchase orders) with a company for goods or services unless the contract contains a written verification from the company that it: 1) Does not boycott Israel; and 2) Will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code: 1. 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official) , do hereby verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) Does not boycott Israel currently; 2) Will not boycott Israel during the term of the contract; and 3) Is not currently listed on the State of Texas Comptroller's Companies that Boycott Israel List located at https://comptroller.texas.gov/purchasing/publications/divestment.php Company Name Signature of Authorized Official Printed Name of Authorized Official Title of Authorized Official Date RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Calhoun County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contract; pertinent provisions of §2252.001 are stated below: Sec. 2252.001(3) "Nonresident bidder" refers to a person who is not a resident. ❑ 1 certify that (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. is a "Nonresident Bidder" of Texas (Company Name) as defined in Government Code §2252.001 and our principal place of business is (City and State) ❑ 1 certify that is a "Resident Bidder" of Texas as (Company Name) defined in Government Code §2252.001. Signature of Authorized Agent Printed Name and Title of Authorized Agent Date INSERT SYSTEM FOR AWARD MANAGEMENT (SAM) RECORD SEARCH FOR COMPANY AND COMPANY'S PRINCIPAL(S) • Company, Corporation, Firm or Partnership, and its Principals, must not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM) or the State of Texas Comptroller Debarred Vendor List and must have an active registration with the System for Award Management (www.SAM.gov). Include verification that your Company, Corporation, Firm or Partnership is registered and that the Company, Corporation, Firm or Partnership, and its Principals, are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Include a printout of the search results that includes the required information and the record date. W-9 Request for Taxpayer Give Form to the Farm (Rev. October 2018) Identification Number and Certification I requester. Do not Department of the Treasury Intemel Revenue Service ► Go to www.hnagov/Form W9 for instructions and the latest information. send to the IRS. i Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to m following seven boxes. certain entities, not individuals; see a o ❑ Individuallsole proprietor or ❑ CCorporation ❑ SCorporation ❑ Partnership ❑ Trusvestate instructions on page 3); e n single -member LLC Exempt payee code (f any) ❑ Unniled liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `a 2 5 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC 9 the LLC Is Exemption from FATCA reporting classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise; a single -member LLC that code (if any) A.another is disregarded from the owner should check the appropriate box for the tax classification of its owner. 1! ❑ Other (am instructions) ► rMcu.,ro.«=,,,n,,®,d,•aww m. use y 8 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (aptianep w CALHOUN COUNTY 8 City, state, and ZIP code 202 S ANN ST, PORT LAVACA TX 77979 361-553-4610 FAX:361.553-4614 7 List account number(s) here (optional) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid L backup withholding. For individuals, this Is generally your social security number (SSN). However, for a r resident allen, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a L TIN, later. or Note: If the account is in more than one name, see the instructions far line 1. Also see What Name and [[ Number To Give the Requester for guidelines on whose number to enter. I — Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. or9rr I signature of Here US. parson► Date ► General Instructions Section references are to the Intemal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.lrs.gov/FormM. Purpose of Form An individual or entity (Forth W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (TN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable an an Information return. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Forth 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Farm 1099-A (acquisition or abandonment of secured property) Use Farm W-9 only If you are a U.S. person (including a resident allen), to provide your correct TIN. If you do not return Form W-9 to the requester w/th a TIN, you might be subject to backup withholding. Sea What is backup withholding, later. Cat. No. 10231X Farm W-9 (Rev. 10-2018) 00490 BIDDING ADDENDA CONTRACTING REQUIREMENTS 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Bonds 00620 Certificates 00640 Release of Liens 00700 General Conditions 00800 Supplementary Conditions 00810 Calhoun County General Conditions 00940 Modifications NOTICE OF AWARD TO: ADDRESS: Dated: CONTRACT: Construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction, Seadrift, Texas You are notified that your Bid dated for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your Contract is Dollars One (1) copy of the proposed Contract Documents (except Drawings) accompanies this Notice of Award. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within 15 days of the date you receive this Notice of Award. 1. Deliver to the ENGINEER one (1) fully executed set of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 20) and General Conditions (paragraph 5.01). EJCDC No. 1910-22 (1996 Edition) Preparad by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. E25470.00 - Notice of Award 0M4 00510 - 1 3. List other conditions precedent. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Upon execution by the OWNER, one fully executed copy of the Contract Documents will be returned to you by the ENGINEER. Copy to OWNER E25470.00 - Notice of Awar 08M4 URBAN ENGINEERING By: Matt A. Glaze, P.E. Vice President 00510 - 2 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is by and between CALHOUN COUNTY, (hereinafter called OWNER), and , (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of 276 feet of vinyl bulkhead and a 233-foot timber pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. ARTICLE 2 - THE PROJECT 2.01 The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as the Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Urban Engineering who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 14 calendar days after the date of substantial completion. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties E2WO.00 - Agreement X11AWla. involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $300.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $300.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the Contractor's Bid in the amount of $ for the Total Base Bid, attached hereto as an exhibit. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6- PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINE in the General Conditions. ER Ias provided 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the first day of each month during Performance of the Work as provided in paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. Ninety percent (90%) of Work completed (with the balance being retainage); and b. Ninety percent (90%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). E25470.00 - Agreement 00520 - 2 6.03 Final Payment A. 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 14.07. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. E25470.00 - Agreement 00520 - 3 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement; 2. Performance Bond; 3. Payment Bond; 4. Other Bonds; 5. General Conditions; 6. Supplementary Conditions; 7. General Conditions — CalhounCounty 8. Specifications as listed in the Table of Contents of the Project Manual; 9. Drawings as listed on page 00015-1 of the Project Manual; 10. Addenda; 11. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed; b. CONTRACTOR's Bid; C. Documentation submitted by CONTRACTOR prior to Notice of Award. 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; C. Change Order(s). B. The documents described in paragraph 8.01.A are incorporated into this Agreement for all purposes as if set forth verbatim herein. C. There are no Contract Documents other than those listed above in this Article 8. E25470.00 - Agreement 00520 - 4 D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. E. All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. E25470.00-Agreement [The rest of this page is intentionally blank.] 00520 - 5 IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed by their duly authorized officials in one original. Additional copies of the original executed Agreement will be distributed to all appropriate parties. The effective date of this Agreement will be OWNER: CALHOUN COUNTY By: H. Meyer, County Judge (Corporate Seal) Attest: Title: Address for giving notices: Calhoun County Courthouse 211 S. Ann Street, Suite 301 Port Lavaca, Texas 77979 Designated Representative: Name: Title: Address: Phone: Facsimile: E25470.00-Agreement CONTRACTOR: 0 (Corporate Seal) Attest: Title: Address for giving notices: License No.: (Where applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone: Facsimile: NOTICE TO PROCEED Dated: TO: ADDRESS: CONTRACT: Construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction You are notified that the Contract Times under the above Contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is and the date of readiness for final payment is Before you may start any Work at the Site, paragraph 2.05.0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: URBAN ENGINEERING By: Matt A. Glaze, P.E. Vice President Copy to OWNER EJCDC No. 1910-23 (19% Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed! by The Associated General Contractors of America and the Construction Specifications Institute, E25470.00- Notice to Proceed 08124 00550 - 1 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 Bond Number: 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: Signature: Name and Title: SURETY (Corp. Seal) Company: (SEAL) Signature: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: (Corp. Seal) (Corp. Seal) (SEAL) SURETY Company: (Corp. Seal) (SEAL) Signature: Name and Title: (SEAL) EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. E25470o0 - Pedonnance Bond 00/24 00610 - 1 I The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2 If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3,1, 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and 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. 4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly 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 performe and completion of the Contract, arrange for a contract to be prepaancred for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4. Waive its 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 may be 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 promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety Perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. E2547000-Performance Bond oerz4 6. After the OWNER has terminated the CONTRACTOR 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; 62. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or mm- 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 timeto the Contractor 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 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. 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 leans thereof. 00610 - 2 Payment 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 Bond Number: 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 Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURETY (Corp. Seal) Company: (SEAL) Signature: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: EJCDC CL15(A) Payment Bond Prepared by the Engineers Joint Contract Domments Committee (March 2008) E254y0.00-Payment Bond 0824 (Corp. Seal) (SEAL) (Corp. Seal) (SEAL) SURETY Company: (Corp. Seal) Signature: _ Name and Title: 00610 - 3 (SEAL) 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. 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 alleging non-payment by Contractor 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. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until 4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment induced 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 a rejection 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. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety that is sufficient compliance. 6. Reserved 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. E25470.00- Payment Bontl 0124 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 first -tier 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 thereto. 15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. 00610 - 4 CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction OWNER: Calhoun County CONTRACTOR: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, SURETY COMPANY, on bond of CONTRACTOR, hereby approves of the final payment to the CONTRACTOR, and agrees that final payment to the CONTRACTOR shall not relieve the SURETY COMPANY of any of its obligations to OWNER as set forth in the said SURETY COMPANY'S bond. IN WITNESS WHEREOF, the SURETY COMPANY has hereunto set its hand this day of ATTEST: (SEAL) E25470.00- Consent of Surety Company to Final Payment 0804 SURETY COMPANY nature of Authorized Representative Title 00610 - 5 APPLICATION FOR PAYMENT NO. To: Calhoun County (OWNER) From: (CNTContract: Construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. Project: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction OWNER's Contract No.: Bid No. 2024.09 ENGINEER's Project No.: E25470.00 For Work accomplished through the date of 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): % of completed Work: $ % of stored material: $ Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Applications for Payment: 8. DUE THIS APPLICATION (6 MINUS 7): Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated State of County Subscribed and sworn to before me this day Notary Public My Commission expires: CONTRACTOR By: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated URBAN ENGINEERING a EJCDC No. 1910-6-E (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifcattons Institute. E25470.00 -Application for Payment 0624 00620 - 1 N W LL a 0 0 W J D 0 w (i N d z c 0 m c+ a 0. 24 d C R O 0 E _ d� 0 0 ca _ o E d N O.� O F U 0,00 m °a Uo L F 0 V A O F fR p U) 0 U 'e 'c ., Ci c 0 F � N 0 O E O Vz N O N O O CERTIFICATE OF INSURANCE (Sample Form) (This can be replaced with form from Insurance Company) Owner of Project: Address of Owner: Project to be Performed by Insured: Date of Certificate: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at this time, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Number Effective Expires Limits of Liability Workmen's Compensation Public Liability Contingent Liability Property Damage Builder's Risk Automobile Other The foregoing policies (do) (do not) cover all subcontractors. Locations covered: Description of operations covered: E25470 00 - Certificate of Insurance 08124 00620 - 3 CERTIFICATE OF SUBSTANTIAL COMPLETION DATE OF ISSUANCE OWNER: Calhoun County CONTRACTOR: CONTRACT: Construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction OWNER's CONTRACT NO.: Bid No. 2024.09 ENGINEER's PROJECT NO.: E25470.00 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To CALHOUN COUNTY OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that the Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC No. 1910-6-0 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. E25470.00 - Certificate of Substantial Completion 08124 00620 - 4 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on (Date) URBAN ENGINEERING (ENGINEER) By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (Date) 0 (CONTRACTOR) (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (Date) CALHOUN COUNTY (OWNER) By: (Authorized Signature) E25470.00- Certificate of Substantial Completion 00/24 00620 - 5 CERTIFICATE OF FINAL COMPLETION DATE OF ISSUANCE OWNER: Calhoun County CONTRACTOR: CONTRACT DATE: CONTRACT AMOUNT: CONTRACT: Construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction OWNER's CONTRACT NO: Bid No. 2024.09 ENGINEER's PROJECT NO.: E25470.00 This Certificate of Final Completion applies to all Work under the Contract Documents. The Work to which this certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that the Work is hereby declared to be complete in accordance with the Contract Documents on DATE OF FINAL COMPLETION Executed by ENGINEER on (Date) URBAN ENGINEERING (ENGINEER) By: (Authorized Signature) CONTRACTOR accepts this Certificate of Final Completion on (Date) (CONTRACTOR) By: (Authorized Signature) OWNER accepts this Certificate of Final Completion on CALHOUN COUNTY (OWNER) By: (Authorized Signature) E2547000 - Cediflcate of Final Completion 08/24 00620 - 6 (Date) AFFIDAVIT OF ALL BILLS PAID THE STATE OF COUNTY OF personally appeared before the undersigned authority on this day and, having been duly sworn, states under oath that he/she is a duly authorized representative of the Contractor, and that the Contract for the Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction has been fully completed and that all bills of the subcontractors for labor, materials and equipment, and supplies furnished in connection with this Project have been fully paid. Signature Typed Name Title Sworn to and subscribed before me this day of E25470.00-A7fidaNt of All Bills Paid 08124 Notary Signature Printed Name In and for the State of Commission Expires 00620 - 7 GUARANTEE KNOW ALL MEN BY THESE PRESENTS: That we, ("CONTRACTOR"), of the City of , County of and State of as CONTRACTOR for the Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction, jointly and severally represent, warrant, and guarantee as follows: 1. That all of the work ("Work") contemplated by that certain Contract dated between Calhoun County ("OWNER") and (the undersigned CONTRACTOR) has been completed in accordance with the plans, specifications, and change orders referred to therein. 2. That all Work is free from faulty material in every particular throughout. 3. That all Work is free from improper workmanship throughout. 4. That all Work is guaranteed against unusual damage from proper and usual wear. 5. That CONTRACTOR will replace and/or re -execute, without cost to the OWNER such work as may be found to be defective or not completed in accordance with Contract Documents and Modifications, and will make good all damages caused to other work or materials as a result of such defective work or its required replacement or re -execution. 6. That CONTRACTOR agrees to replace and/or re -execute defective or improperly completed work for maintenance and all other purposes found within one (1) year after the date of final and unconditional acceptance of the Work by OWNER as evidenced by OWNER's Certificate of Acceptance of Work and/or the date of OWNER'S written acceptance of Work. 7. That CONTRACTOR agrees in the event that CONTRACTOR attempts to replace and/or re - execute defective or improperly completed work during the initial one (1) year period of this Guarantee, but CONTRACTOR does not properly replace and/or re -execute such defective or improperly completed work, then the Guarantee period may be extended by OWNER at its sole option for an additional period necessary for proper replacement and/or re -execution of the Work by the CONTRACTOR within the terms of this Guarantee. 8. That CONTRACTOR agrees the one (1) year period of this Guarantee will not limit OWNER's other rights under common law to have defects remedied when discovered after one (1) year. 9. That notice of defective or improperly completed work shall be made in writing by certified or registered mail, return receipt requested, and addressed as follows: OWNER: Calhoun County Calhoun County Courthouse 211 S. Ann Street, Suite 301 Port Lavaca, Texas 77979 CONTRACTOR: E25470.00 - Guarantee 08124 00620 - 8 EXECUTED on this the day of E25470.00-Guamntee 08124 CONTRACTOR 0 Title: 00620 - 9 (Signature) FINAL WAIVER OF LIEN RIGHTS FROM: TO: Calhoun County (Owner) (Contractor) PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction 1. The undersigned does hereby waive, release, and surrender any claim, lien, or right of lien resulting from labor, skill, and/or materials, subcontract work, equipment, or otherwork, rent services, or supplies, heretobefore furnished in and for the construction improvement, alteration or additions to the above -described project prior to the date hereof. The undersigned further states that "Pay Estimate No. " attached hereto, as it relates to construction costs payable pursuant to its construction contract with Calhoun County is accurate as of the date hereof and that there are no mechanics' or materialmen's liens outstanding at the date of this Waiver. All due and payable bills with respect to the work performed by CONTRACTOR have been paid to date or are included in the amount requested in the attached Final Pay Estimate and there is no known basis for the filing of any mechanics' or materialmen's liens against the land or improvements of the OWNER; and waivers from all subcontractors and materialmen of subcontractor for work done and materials furnished have been obtained in such form as to constitute an effective waiver of all such liens under the laws of the State of Texas. 3. This Waiver of Lien Rights: a. is given to secure payment for the work under the CONTRACTOR's construction contract in the amount of $ as indicated in the attached Pay Estimate No. Final; b. will be fully effective upon receipt of said payment in full. 4. In further consideration of the payment as above set forth, and to induce the OWNER to make said payment, the undersigned agrees to defend and hold harmless the OWNER, Calhoun County, OWNER's lender, and/or any principal or surety from any claims hereinafter made by the undersigned and/or its employees, agents, servants, or assigns of such parties against the project. 5. The undersigned further states that upon receipt of the amount specified in Section 3(a) above, CONTRACTOR will have been fully paid for all sums due from OWNER under the construction contract and due from and after such receipt CONTRACTOR shall have no right or claim to any further payment from OWNER for any materials furnished or work performed by CONTRACTOR or by any person or entity claiming by, through, or under CONTRACTOR. E25470.00 - Final Waiver of Lien Rights 08124 00640 - 1 6. It is acknowledged that the designation of the above project constitutes an adequate description of the property and improvements for the purposes of this instrument. Dated this day of CONTRACTOR By: Title STATE OF COUNTY OF (Signature) The foregoing Final Waiver of Lien Rights was subscribed and sworn to me this day of by Of WITNESS MY HAND AND OFFICIAL SEAL. Notary Public Signature Printed Name Commission Expires E25470 00 - Final Waiver of Lien Rights 08124 as This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By /° National Society of ���E Professional Engineers gmerienn Society AMERICAN CGN LILTING Professional Engineers in Private Practice of Civil Engineers ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General .'DContractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) Copyright 01996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700 - 2 TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 1.02 Terminology... ARTICLE 2 - PRELIMINARY MATTERS......................................................................... 2.01 Delivery of Bonds.................................................................................... 2.02 Copies of Documents............................................................................... 2.03 Commencement of Contract Times; Notice to Proceed .......................... 2.04 Starting the Work..................................................................................... 2.05 Before Starting Construction.................................................................. 2.06 Preconstruction Conference.................................................................... 2.07Initial Acceptance of Schedules.............................................................. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent ..................................................... 3.02 Reference Standards......................................................................................... 3.03 Reporting and Resolving Discrepancies.......................................................... 3.04 Amending and Supplementing Contract Documents ....................................... 3.05 Reuse of Documents......................................................................................... Page ...................... to ...................... to .................................................10 ................................................. 10 .................................................11 .................................................11 .................................................11 .................................................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.....................................................................................................................................................................12 4.01,Availability of Lands.........................................................................................................................................12 4.02 Subsurface and Physical Conditions................................................................................................................12 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 ARTICLE5 - BONDS AND INSURANCE...................................................................................................................................15 5.01 Performance, Payment, and Other Bonds........................................................................................................15 5.02 Licensed Sureties and Insurers.............................................................................................................:...........16 5.03 Certificates oflnsurance...................................................................................................................................16 5.04 CONTRACTOR's Liability Insurance...............................................................................................................16 5.05 OWNER'S Liability Insurance...........................................................................................................................17 5.06 Property Insurance............................................................................................................................................17 5.07 Waiver of Rights................................................................................................................................................18 5.08 Receipt and Application oflnsurance Proceeds...............................................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace.................................................................................19 5.10 Partial Utilization, Acknowledgment of Property Insurer...............................................................................19 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES...............................................................................................................19 6.01 Supervision and Superintendence.....................................................................................................................19 6.02 Labor; Working Hours......................................................................................................................................19 6.03 Services, Materials, and Equipment.................................................................................................................19 6.04 Progress Schedule.............................................................................................................................................20 6.05 Substitutes and "Or-Equals"............................................................................................................................20 6.06 Concerning Subcontractors, Suppliers, and Others.........................................................................................21 00700 - 3 6.07 Patent Fees and Royalties ............................................. 6.08 Permits........................................................................... 6.09 Laws and Regulations................................................... 6.10 Taxes.............................................................................. 6.11 Use of Site and Other Areas .......................................... 6.12 Record Documents........................................................ 6.13 Safety and Protection.................................................... 6.14 Safety Representative.................................................... 6.15 Hazard Communication Programs ............................... 6.16 Emergencies.................................................................. 6.17 Shop Drawings and Samples ........................................ 6.18 Continuing the Work ..................................................... 6.19 CONTRACTOR's General Warranty and Guarantee.. 6.20 Indemnification.............................................................. ARTICLE 7 - OTHER WORK ... .................................................................................-- .................................................................................22 .................................................................................23 .................................................................................23 .................................................................................23 .................................................................................23 .................................................................................24 .................................................................26 7.01 Related Work at Site..........................................................................................................................................27 7.02 Coordination.....................................................................................................................................................27 ARTICLE 8 - OWNER'S RESPONSIBILITIES...........................................................................................................................27 8.01 Communications to Contractor.........................................................................................................................27 8.02 Replacement of ENGINEER ..............................................................................................................................28 8.03 Furnish Data.....................................................................................................................................................28 8.04 Pay Promptly When Due...................................................................................................................................28 8.05 Lands and Easements; Reports and Tests.........................................................................................................28 8.06Insurance...........................................................................................................................................................28 8.07 Change Orders..................................................................................................................................................28 8.08Inspections, Tests, and Approvals.....................................................................................................................28 8.09 Limitations on OWNER's Responsibilities.......................................................................................................28 8.10 Undisclosed Hazardous Environmental Condition..........................................................................................28 8.11 Evidence of Financial Arrangements................................................................................................................28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.........................................................................................28 9.01 OWNER'S Representative.................................................................................................................................2 8 9.02 Visits to Site.......................................................................................................................................................28 9.03 Project Representative......................................................................................................................................29 9.04 Clarifications and Interpretations.....................................................................................................................29 9.05 Authorized Variations in Work..........................................................................................................................29 9.06 Rejecting Defective Work..................................................................................................................................29 9.07 Shop Drawings, Change Orders and Payments...............................................................................................29 9.08 Determinationsfor Unit Price Work.................................................................................................................29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work.............................................29 9.10 Limitations on ENGINEER's Authority and Responsibilities..........................................................................30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS................................................................................................................30 10.01 Authorized Changes in the Work....................................................................................................................30 10.02 Unauthorized Changes in the Work................................................................................................................30 10.03 Execution of Change Orders...........................................................................................................................30 10.04 Notification to Surety .......................................................................................................................................31 10.05 Claims and Disputes........................................................................................................................................31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK....... 11.01 Cost of the Work........................................................................................... 00700 - 4 11.02 Cash Allowances, 11.03 Unit Price Work... ................33 ................34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES........................................................34 - 12.01 Change of Contract Price...............................................................................................................................34 12.02 Change of Contract Times..............................................................................................................................35 12.03 Delays Beyond CONTRACTOR's Control.....................................................................................................35 12.04 Delays Within CONTRACTOR's Control.......................................................................................................35 12.05 Delays Beyond OWNER's and CONTRACTOR's Control.............................................................................35 12.06 Delay Damages...............................................................................................................................................35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK................................................................................ 13.01 Notice of Defects .............................................................................. 13.02 Access to Work................................................................................ 13.03 Tests and Inspections...................................................................... 13.04 Uncovering Work............................................................................ 13.05 OWNER May Stop the Work........................................................... 13.06 Correction or Removal of Defective Work ...................................... 13.07 Correction Period............................................................................ 13.08 Acceptance of Defective Work ........................................................ 13.09 OWNER May Correct Defective Work ............................................ ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION.. 14.01 Schedule of Values.......................................................... 14.02 Progress Payments.......................................................... 14.03 CONTRACTOR's Warranty of Title ............................... 14.04 Substantial Completion ................................................... 14.05 Partial Utilization............................................................ 14.06 Final Inspection............................................................... 14.07 Final Payment................................................................ 14.08 Final Completion Delayed .............................................. 14.09 Waiver of Claims............................................................. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ...........................................................3 6 ...........................................................36 ...........................................................36 ..................3 6 .........................................................3 7 .........................................................37 .........................................................3 7 ........................................................3 8 ........................3 8 ................................................................................3 8 ................................................................................3 8 15.01 OWNER May Suspend Work .................................................... 15.02 OWNER May Terminate for Cause ............................................ 15.03 OWNER May Terminate For Convenience ............................... 15.04 CONTRACTOR May Stop Work or Terminate .......................... ARTICLE 16 - DISPUTE RESOLUTION........................................................... 16.01 Methods and Procedures...................................................... ARTICLE 17 - MISCELLANEOUS................................................................................. 17.01 Giving Notice........................................................................... 17.02 Computation of Times............................................................. 17.03 Cumulative Remedies ................................................. ...._------ 17.04 Survival of Obligations................................................................... 17.05 Controlling Law............................................................................. ...............................................................40 .........................................40 ...............................................................40 ...........................41 ...........................42 ...........................................................42 ..........42 .............................................................. . ..............................................................43 ........................................44 ...........44 .....................44 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CON- TRACTOR 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 submit- ted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids). 7, Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. 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. 12. Contract Documents --The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Con- tract Documents), CONTRACTOR's Bid (including docu- mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be famished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 00700 - 6 16. Cost of the Work --See paragraph 11.0LA 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. ENGINEER's Consultant --An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order --A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements --Sections of Division I of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. 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. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. 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. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The autho- rized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - 7 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas 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. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the 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. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and fumishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the 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. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and confor- mance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER 00700 - 8 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 9.10 or any other provision of the Contract Documents. 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word `furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connec- tion with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to famish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be famished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, 00700 - 9 ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicat- ing the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 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. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.13, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, schedul- ing, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equip- ment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. 00700 - 10 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, organiza- tion, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard; specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- guity, or discrepancy within the Contract Documents or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies L 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, code, or instruction (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 provi- sions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific 00700 - 11 written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL 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 CON- TRACTOR and OWNER are unable to agree on entitle- ment to or on the amount or extent, if any, of any adjust- ment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall 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 equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: I. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface struc- tures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, 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 infor- mation. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2, is of such a nature as to require a change in the Contract 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 00700 - 12 therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's 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 para- graphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and 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 within the time and 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, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all 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 Facili- ties, 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; and 2. the cost of all of the fallowing will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such informa- tion and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and 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 00700 -13 not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or 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 of 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 CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, 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. 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 CON- TRACTOR, 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); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm 00700 - 14 such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such 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 accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consul- tants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (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 4.06.17 shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 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 CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRAC- TOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certifi- cates of 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 must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the 00700 - 15 requirements of paragraph 5.013, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of Paragraphs 5.0LB 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 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates oflnsurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR'sLiability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) 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 so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGMER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materi- ally changed or renewal refused until at least thirty days prior written notice has been given to OWNER 00700 - 16 and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replac- ing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provid- ed by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may 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, CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water dam- age, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 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 equip- ment 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 pay- ment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery 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, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with 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 additional insured to whom a certificate of insurance has been issued 00700 - 17 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 paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 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. 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 additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or, resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's Property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by 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 5.07.13 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, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application oflnsurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.13. 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 or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties 00700 - 18 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 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Con- tract 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 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to 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, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superin- tendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CON- TRACTOR will not permit overtime work or the performance of Work on 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 General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, 00700 - 19 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. 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 warranties and guarantees specifically called for 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. 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 Docu- ments. 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 ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the prog- ress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 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. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment pro- posed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be con- sidered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute 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: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER to determine that 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 CON- TRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. 00700 - 20 d. CONTRACTOR shall first make written application to ENGINEER for review of a Proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the Proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the Proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to Payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the Proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, of procedure of construction is shown or indicated in and expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, meth- od, technique, sequence, or 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 procedure for review by ENGINEER will be similar to that provided in subpara- graph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed areasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of accept- ability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.13 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such 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 Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.11), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of 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 objection after due investigation. CONTRACTOR shall 00700 - 21 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 or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 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 shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to 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 ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRAC- TOR will obtain the same. 6.07 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. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 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. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 00700 - 22 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's 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 primary 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 may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 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, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party 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 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, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations 00700 - 23 and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a 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. 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 equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- tion, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and 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. 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 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). 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 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard 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 required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, 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.E. 00700 - 24 B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGI- NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assem- bly, and installation pertaining to the perfor- mance of the Work; c. all information relative to means, meth- ods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Draw- ing or Sample submitted may have from the require- ments of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, con- form to the information given in the Contract Docu- ments and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract 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 of Shop Drawings or Samples shall not relieve CON- TRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the require- ments of paragraph 6.17.D.1. F. 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 00700 - 25 review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previ- ous 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. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Docu- ments and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or pay- ment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consul- tants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is 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; and 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation 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 00700 - 26 for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to 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 and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and 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 responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in .these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 00700 - 27 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable 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 Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly 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' duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explora- tions and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall 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 CON- TRACTOR to comply with Laws and Regulations applica- ble 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 undis- closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to famish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. 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 responsi- bilities and the limitations of authority of ENGINEER as OWNER' representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of 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 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 00700 - 28 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 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another 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 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Docu- ments. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpre- tation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning 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 and CONTRAC- TOR 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 a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinationsfor Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's 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. 9.09 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. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the 00700 - 29 interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER'sAuthority 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 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 perfor- mance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accor- dance with the Contract Documents. C. ENGINEER will not be responsible for the ads 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 mainte- nance 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 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.0l.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's 00700 - 30 correction of defective Work under paragraph 13.09, or (iii) agreed 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 para- graph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data 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, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.0I.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.13. 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). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal firm ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRAC- TOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE I I - COST OF THE WORK; CASH 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 necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed 00700 - 31 to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.0I.B. 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 at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, 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 fur- nished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall 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, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGI- NEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as 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 trans- portation, travel, and subsistence expenses of CONIRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and main- tenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. C. Rentals of all 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 said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages 00700 - 32 within the deductible amounts of property insurance established in accordance with paragraph 5.06.13), 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, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and con- tracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.0l.A.1 or specifically covered by paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 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 CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly 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 11.0LA and 11.0l.B. 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 11.0LA and 11.0I.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no 00700 - 33 demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to 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 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 Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs mate- rially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred addi- tional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 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 or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the 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 para- graph 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.0l.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 12.01.11.2, 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). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 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 11.0I.A.I and 11.0I.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.0l.A.3, the CONTRACTOR's fee shall be five percent; 00700 - 34 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.0i.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.0I.A.I 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 11.01.A.4, I1.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.0l.C.2.a through 12.0l.C.2.e, inclu- sive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. 00700 - 35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: I. for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.13 below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.B; and 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 CONTRAC- TOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGE,IEER'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. If it is found that such 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. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or 00700 - 36 Milestones), or 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. 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). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.1 LA is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such 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 re- moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising 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. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been 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. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 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 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 00700 - 37 paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employ- ees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorpo- rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in 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 (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of values A. 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 Applica- tion for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applicationsfor Payments I. At least 20 days before the date estab- lished for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Docu- ments. 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 Applica- tion for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment 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. 00700-38 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 on the Site 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 (sub- ject to an evaluation of the Work as a function- ing whole prior to or upon Substantial Comple- tion, to the results of any subsequent tests called for in the Contract Documents, to a final deter- mination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommenda- tion of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, meth- ods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recom- mended will (subject to the provisions of paragraph 14.02.13) become due, and when due will be paid by OWNER to CONTRACTOR. 00700 - 39 D. Reduction in Payment L 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 furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWN- ER 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 must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CON- TRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly Pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.I. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the 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. 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. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 00700 - 40 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, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER 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. 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 there- for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part 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 CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Applicationfor 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 docu- ments (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: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.13.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier 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. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observa- tion of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying docu- mentation 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 00700 - 41 final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for Payment. At the same time ENGINEER will also give written notice to OWNER and CON- TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will 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 I. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to CON- TRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be 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 appear- ing 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 Docu- ments; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. 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 CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or 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 materi- als 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 havingjurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equip- 00700 - 42 ment, 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), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. 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. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as re- quired by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to 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, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any 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. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as 00700 - 43 either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 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, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 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 Agreement. 17.05 Controlling Law A. This Contract is to be govemed by the law of the state in which the project is located. 00700 - 44 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. SC-1.01.A.20 ENGINEER's Consultant(s) include: Urban Surveying, Inc. 2004 N. Commerce Street Victoria, TX 77901-5510 (361)578-9837 SC-1.01.A.40 Add the following sentence at the end of paragraph 1.01.A.40: The Site of the work is within Calhoun County, Texas and is more clearly defined on the Location Map in the accompanying Drawings. SC-4.02.A.1 Geotechnical data, if any, is available from the Engineer upon request. SC-4.06.A There are no known hazardous environmental conditions at the Site. SC-5.04.B.1 Add the following new paragraph immediately after paragraph 5.04.B.1: The following entities shall be listed as additional insureds and certificate holders to all policies required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive: Urban Engineering Calhoun County 2004 N. Commerce Street 211 S. Ann Street, Suite 301 Victoria, Texas 77901-5510 Port Lavaca, Texas 77979 SC-5.04.B.2 Add the following new paragraphs immediately after paragraph 5.04.13.2: Public Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages arising out of bodily or personal injury, sickness or disease, or death of one person and subject to the same limit for each person and in an amount not less than Two Million Dollars ($2,000,000.00) in any one occurrence. Property Damage Insurance in an amount not less than Three Hundred Thousand Dollars ($300,000.00) for all damages arising out of injury to or destruction of property of others in any one occurrence with an aggregate limit in the same amount. The Property Damage portion of this coverage shall include, where applicable, explosion, collapse and underground exposure coverage. E25470.00 — Supplementary Conditions 08124 00800 - 1 Automobile Liability and Property Damage Insurance in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for injury or death of one person and not less than Five Hundred Thousand Dollars ($500,000.00) in any one occurrence; and Property Damage Limits of not less than Three Hundred Thousand Dollars ($300,000.00) in any one occurrence. SC-5.06 Delete 5.06 in its entirety. SC-5.07 Delete 5.07 in its entirety. SC-5.08 Delete 5.08 in its entirety. SC-5.10 Delete 5.10 in its entirety. SC-6.023 Add the following new paragraph immediately after paragraph 6.02.B: Work shall not be performed without written permission of the OWNER on the following holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve SC-6.063 Add the following new paragraph immediately after paragraph 6.06.E All major subcontractors must have been listed and submitted with the Bid. Bidder may change subcontractors after Bid submittal only as approved by the Engineer. Major subcontractors are those who will do work having a total value of more than five percent (5%) of the Contract amount. The maximum total value of work performed by all subcontractors on the Project shall not exceed seventy-five percent (75%) of the Contract amount. SC-6.10.A Delete paragraph 6.10.A in its entirety and insert the following in its place: OWNER is exempt from state and local sales tax pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rent or lease of all materials, supplies and equipment used or consumed in the performance of this contract may be exempted by issuing to suppliers an exemption certificate in lieu of the tax. The exemption certificate complies with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of the tax shall be subject to the provisions of the State Comptroller of Public Accounts Ruling No. 95-0.09 as amended to be effective October 2, 1968. CONTRACTOR shall pay any and all other taxes for the Work provided by CONTRACTOR which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. E25470.00 — Supplementary Conditions OW24 00800 - 2 SC-7.01 Related Work at Site OWNER reserves the right to perform additional work on the Project Site concurrent with this contract. SC-9.03.A Add the following new paragraphs immediately after paragraph 9.03.A: The duties and responsibilities of OWNER's Onsite Representative are limited and described as follows: OWNER's Onsite Representative shall only observe, monitor and inspect CONTRACTOR's work in progress for the sole benefit of OWNER to determine if the work is proceeding in accordance with thejob specifications set forth by the Project ENGINEER in the Contract Documents forthis specific project. At the request of ENGINEER or CONTRACTOR and at OWNER's sole discretion, OWNER may provide a copy of the results of said observations, monitoring and inspections to ENGINEER or CONTRACTOR. OWNER's Onsite Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or equal" items). 2. Undertake any of the responsibilities or obligations of the Project ENGINEER or of a CONTRACTOR, Subcontractor, Supplier or a CONTRACTOR's or a Subcontractor Superintendent. 3. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of the work unless such advice or directions are specifically required on the part of OWNER by the Contract Documents. 4. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the activities or operations of a CONTRACTOR, Subcontractor or Supplier. 5. During OWNER's Onsite Representative's inspection, observation or monitoring of CONTRACTOR's work in progress, OWNER's Onsite Representative shall not supervise, direct or have control over the CONTRACTOR's work nor shall OWNER's Onsite Representative have authority over or responsibility for the means, methods, techniques, sequences, procedures selected by CONTRACTOR or Subcontractor for safety precautions and programs incident to CONTRACTOR or Subcontractor's work in progress, for any failure of a CONTRACTOR or Subcontractor to comply with laws and regulations applicable to a CONTRACTOR or Subcontractor performing and furnishing the work, or responsibility for a CONTRACTOR or Subcontractor's failure to furnish and perform the work in accordance with the job specifications set forth by the Project ENGINEER in the Contract Documents. SC-11.01.A.50) Delete paragraph 11.01.A.50) in its entirety. SC-11.01.0 Delete paragraph 11.01.0 in its entirety. E254]0.00— Supplementary Conditions 08/24 00800 - 3 SCA 1.03.0 Delete paragraph 11.03.0 in its entirety and insert the following in its place: C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the total cost of a particular item of Unit Price Work amounts to five percent (5%) or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than twenty-five percent (25%) from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. SC-12.01.113.2 Modify paragraph 12.01.B.2 to read as follows: If the value of work on the project included in a change order is not covered by unit prices contained in the Contract Documents, mutually agreed upon new unit prices for the additional work will be established. (Cost -plus -a -percentage pricing will not be allowed.) SC-12.01.13.3 Delete paragraph 12.01.B.3 in its entirety. SC-12.01.0 Delete 12.01.0 in its entirety. SC-12.03.A Amend the second sentence of paragraph 12.03.A to read as follows: Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, hurricanes, epidemics, evacuations, or abnormal saturated soil conditions, or acts of God. SC-16.01.A Methods and Procedures include: A. The parties shall endeavor to resolve their claims by mediation. Request for mediation shall be filed in writing with the other party to the Contract. The request may be made concurrently with the filing of litigation but, in such event, mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. B. The parties shall share the mediator's fee equally. The mediation must take place in Calhoun County, Texas unless another location is mutually agreed upon. The parties may either agree upon a mediator, or if they cannot agree, the presiding judge of the district courts of Calhoun County, Texas shall select the mediator. Agreements reached in E25470.00—Supplementary Conditions 08124 00800 - 4 mediation shall be binding on both parties and shall be enforceable as settlement agreements in any court having jurisdiction thereof. SC-18 Add ARTICLE 18—MINIMUM WAGE RATES 18.01 Minimum Wage Rates A. The CONTRACTOR shall pay at least the wage rates for the various classes of labor employed directly on this project in accordance with the appropriate current U.S. Department of Labor General Wage Decision Numbers, which are attached to these Contract Documents and included herein. Intentional failure of CONTRACTOR to pay these wage rates for workers directly employed on this project may subject the CONTRACTOR to a penalty as specified by Texas Government Code §2258.023. E25470.00— Supplementary Conditions 08/24 00800 - 5 SC-18.O1A-Minimum Wage Rates (Continued) "General Decision Number: TX2O240277 01/O5/2O24 Superseded General Decision Number: TX2023O277 State: Texas Construction Type: Building Counties: Calhoun, Goliad and Victoria Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). lIf the contract is entered I. linto on or after January 30, 12022, or the contract is Irenewed or extended (e.g., an . loption is exercised) on or 1 lafter January 30, 2022: 1 1 1 1 1 1 IIf the contract was awarded onl. for between January 1, 2015 andl (January 29, 2022, and the I Icontract is not renewed or I. lextended on or after January I 130, 2022: l I I I I I I I I I I Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours 1 spent performing on the 1 contract in 2024. 1 Executive Order 13658 generally applies to the contract. The contractor must pay alll covered workers at least $12.90 per hour (or the applicable wage rate listedl on this wage determination,l if it is higher) for all I hours spent performing on I that contract in 2024. I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this E25470.00 - Supplementary Conditions 08124 00800 - 6 SC-18.01A-Minimum Wage Rates (Continued) wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 BOIL0074-003 07/01/2023 Rates Fringes BOILERMAKER ......................$ 37.00 24.64 ------------------------------------------------------------ ELECO278-002 08/27/2023 Rates Fringes ELECTRICIAN ......................$ 29.50 8.94 ---------------------------------------------------------------- ENG10178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane .............$ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under ..............$ ---------------------------------------------------------------- 32.33 13.10 IRON0084-011 06/01/2023 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 27.51 8.13 --------------------------------------------------------- SUTX2014-057 07/21/2014 Rates Fringes BRICKLAYER .......................$ 20.04 0.00 CARPENTER ........................$ 15.21 ** 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 15.33 ** 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical E25470.00- Supplementary Candilions 08124 00800 - 7 SC-18.01A-Minimum Wage Rates (Continued) System Insulation) ...............$ 19.77 7.13 IRONWORKER, REINFORCING .......... $ 12.27 ** 0.00 IRONWORKER, STRUCTURAL ........... $ 22.16 5.26 LABORER: Common or General ...... $ 9.68 ** 0.00 LABORER: Mason Tender - Brick ... $ 11.36 ** 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 ** 0.00 LABORER: Pipelayer..............$ 12.49 ** 2.13 LABORER: Roof Tearoff........... $ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 14.25 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 ** 0.00 OPERATOR: Bulldozer .............$ 18.29 1.31 OPERATOR: Drill .................$ 16.22 ** 0.34 OPERATOR: Forklift ..............$ 14.83 ** 0.00 OPERATOR: Grader/Blade.......... $ 13.37 ** 0.00 OPERATOR: Loader ................$ 13.55 ** 0.94 OPERATOR: Mechanic ..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 ** 0.00 OPERATOR: Roller ................$ 12.70 ** 0.00 PAINTER (Brush, Roller, and Spray) ...........................$ 14.45 ** 0.00 PIPEFITTER .......................$ 25.80 8.55 PLUMBER ..........................$ 25.64 8.16 ROOFER ...........................$ 13.75 ** 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) ...............$ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 E25470.00- Supplementary Contlitions 0824 /1:11 SC-18.O1A-Minimum Wage Rates (Continued) TILE FINISHER ....................$ 11.22 ** 0.00 TILE SETTER ......................$ 14.74 ** 0.00 TRUCK DRIVER: Dump Truck ........ $ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12..50 ** 0.00 TRUCK DRIVER: Water Truck ....... $ 12.00 ** 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol-gov/agencies/whd/government-contracts. 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) (iii)). E25470.00 - Supplementary conditions O8124 1 /:11 SC-18.01A-Minimum Wage Rates (Continued) ------------------------------------------------------ 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. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers E25470.00 - Supplementary Conditions oat24 00800 - 10 SC-18.01A-Minimum Wage Rates (Continued) Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 O8/29/2014. 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 National Office because National Office has 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 E25470.00 - Supplementary Conditions 08/24 00800 - 11 SC-18.01A-Minimum Wage Rates (Continued) 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 requester 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" E25470.00 - Supplementary Conditions 08/24 00800 - 12 SC-18.01A-Minimum Wage Rates (Continued) "General Decision Number: TX20240029 01/05/2024 Superseded General Decision Number: TX20230029 State: Texas Construction Type: Highway Counties: Aransas, Calhoun, Goliad, Nueces and San Patricio Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered linto on or after January 30, 12022, or the contract is (renewed or. extended (e.g., an )option is exercised) on or (after January 30, 2022: l I I I 1 I I I I I 1 I I IIf the contract was awarded on. for between January 1, 2015 andl lJanuary 29, 2022, and the I Icontract is not renewed or I. lextended on or after January 130, 2022: I l I I I I I E25470.00 - Supplementary Conditions 08/24 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. Executive Order 13658 generally applies to the contract. 1 The contractor must pay alll covered workers at least $12.90 per hour (or the applicable wage rate listedl on this wage determination,) if it is higher) for all l hours spent performing on that contract in 2024. I 00800 - 13 SC-18.O1A-Minimum Wage Rates (Continued) The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/O5/2024 SUTX2O11-010 08/08/2011 Rates CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 12.64 ** FORM BUILDER/FORM SETTER Paving & Curb ...............$ 10.69 ** Structures ..................$ 13.61 ** LABORER Asphalt Raker ...............$ 11.67 ** Flagger.....................$ 8.81 ** Laborer, Common .............$ 10.25 ** Laborer, Utility ............ $ 11.23 ** Pipelayer...................$ 11.17 ** Work Zone Barricade Servicer....................$ 11.51 ** PAINTER (Structures) .............$ 21.29 POWER EQUIPMENT OPERATOR: Asphalt Distributor ......... $ 14.25 ** Asphalt Paving Machine ...... $ 13.44 ** Mechanic ....................$ 17.00 ** Motor Grader, Fine Grade .... $ 17.74 Motor Grader, Rough ......... $ 16.85 ** TRUCK DRIVER Lowboy -Float ................$ 16.62 ** Single Axle .................$ 11.61---------------------------------------------- ** Fringes WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. E25470.00 - Supplementary Conditions 06124 ili�F$Qlal[� SC-18.01A-Minimum Wage Rates (Continued) ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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) (iii)). 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 E25470 00- Supplementary Conditions 08/24 00800 - 15 SC-18.01A-Minimum Wage Rates (Continued) 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. 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: E28470.00- Supplementary Conlitions 08124 00800 - 16 SC-18.01A-Minimum Wage Rates (Continued) * 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 National Office because National Office has 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 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 requester 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" E25470.00 - Supplementary Conditions 08124 00800 - 17 SC-18.01A-Minimum Wage Rates (Continued) "General Decision Number: TX20240045 01/05/2024 Superseded General Decision Number: TX20230045 State: Texas Construction Type: Heavy Counties: Aransas, Austin, Calhoun and Goliad Counties in Texas. HEAVY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). lIf the contract is entered linto on or after January 30, 12022, or the contract is Irenewed or extended (e.g., an loption is exercised) on or latter January 30, 2022: 1 1 1 1 1 1 IIf the contract was awarded onl for between January 1, 2015 andl IJanuary 29, 2022, and the I Icontract is not renewed or I lextended on or after January I 130, 2022: I I I I I I Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $12.90 per hour (or the applicable wage rate listedl on this wage determination,) if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this E25470.00 - Supplementary Conditions 08124 00800 - 18 SC-18.01A-Minimum Wage Rates (Continued) wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 SUTX2005-023 09/08/2003 Rates Fringes 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 ** Flagger ..........................$ 8.60 ** Form Builder/Setter, Structures .......................$ 10.31 ** Form Setter, Paving & Curb ....... $ 9.48 ** Foundation Drill Operator, Truck Mounted ....................$ 14.58 ** Front End Loader Operator ........ $ 10.62 ** Laborer, common ..................$ 8.91 ** UWO.00 - Supplementary Conditions 08124 00800-19 SC-18.01A-Minimum Wage Rates (Continued) Laborer, Utility .................$ 9.21 ** MECHANIC (Undefined) .............$ 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 operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not E25470.00 - Supplementary Conditions 08124 00800 - 20 SC-18.01A-Minimum Wage Rates (Continued) currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol-gov/agencies/whd/government-contracts. 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) (iii)). 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 ""SUl", 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 E25470.00 - supplementary Cend1tions 08/24 00800 - 21 SC-18.01A-Minimum Wage Rates (Continued) 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 ""SO"" 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. SO 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. 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, 100% 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 E25470.00 - Supplementary Conditions 08124 00800 - 22 SC-18.01A-Minimum Wage Rates (Continued) * 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 National Office because National Office has 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 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 requester 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" E25470.00 - Supplementary Conditions 08/24 00800 - 23 SC-18.01A-Minimum Wage Rates (Continued) "General Decision Number: TX20240049 01/05/2024 Superseded General Decision Number: TX20230049 State: Texas Construction Type: Residential County: Calhoun County in Texas. RESIDENTIAL CONSTRUCTION Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). lIf the contract is entered I. linto on or after January 30, l 12022, or the contract is Irenewed or extended (e.g., an 1. (option is exercised) on or lafter January 30, 2022: 1 1 1 1 1 1 lIf the contract was awarded onl. for between January 1, 2015 andl (January 29, 2022, and the I Icontract is not renewed or I. lextended on or after January I 130, 2022: I I I I I I I Executive Order 14026 generally applies to the 1 contract. l The contractor must pay all covered workers at l least $17.20 per hour (or the applicable wage rate listed on this wage l determination, if it is higher) for all hours spent performing on the contract in 2024. I Executive Order 13658 generally applies to the contract. The contractor must pay alll covered workers at least 1 $12.90 per hour (or the I applicable wage rate listedl on this wage determination,) if it is higher) for all hours spent performing on that contract in 2024. I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. E25470.00 - Supplementary Conditions 08124 00800 - 24 SC-18.01A-Minimum Wage Rates (Continued) Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 SUTX1990-046 01/24/1990 RESIDENTIAL CONSTRUCTION Rates Fringes Air Conditioning Mechanic ........ $ 7.25 ** BRICKLAYER .......................$ 8.50 ** CARPENTER ........................$ 7.25 ** CEMENT MASON/CONCRETE FINISHER ... $ 7.25 ** ELECTRICIAN ......................$ 7.31 ** GLAZIER ..........................$ 7.25 ** IRONWORKER .......................$ 7.25 ** Laborers: LABORERS ....................$ 7.25 ** MASON TENDERS ...............$ 7.25 ** PAINTER ..........................$ 7.25 ** Plumbers and Pipefitters......... $ 8.01 ** ROOFER ...........................$ 7.25 ** Sheet metal worker ...............$ 9.44 ** TRUCK DRIVER .....................$ 7.25 ** WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher E25470.00 - Supplementary Conditions 08/24 00800 - 25 SC-18.01A-Minimum Wage Rates (Continued) minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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) (iii)). 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 E25470.00 - Supplementary Conditions 08/24 00800 - 26 SC-1 8.01 A -Minimum Wage Rates (Continued) 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. 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, 100% 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 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 E25470.00 - Supplementary Conditions 08/24 00800 - 27 SC-18.01A-Minimum Wage Rates (Continued) be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a 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 National Office because National Office has 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 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" E2WO.00 - Supplementary Conditions 08124 00800 - 28 CALHOUN COUNTY GENERAL CONDITIONS CALHOUN COUNTY, TEXAS GENERAL CONDITIONS General Conditions apply to all advertised Invitations to Bid (hereinafter called Bid), Request for Proposals (hereinafter called RFP), Request for Qualifications (hereinafter called RFQ), Contracts/Agreements/Leases (hereinafter called Contract); 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/Vendor is advised that the Bid, RFP, RFQ, and/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 Bid, RFP, RFQ and/or Contract. All parties agree that the venue for any litigation arising from this Bid, RFP, RFQ, and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Completion of Bid, RFP, RFQ, and/or Contract Forms: Once the Bid, RFP, RFQ, and/or Contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Calhoun County Commissioners Court or at a mandatory pre -bid meeting. Complete, sign, and return to the Calhoun County Judge's Office the required number of Bid forms, RFP forms, RFQ forms, and/or Contracts, and any other required information by the day and time the Bid, RFP, RFQ and/or Contract is due. The Bid, RFP, RFQ, and/or Contract must be signed and dated by an officer, employee or agent who is duly authorized to execute this Bid, RFP, RFQ, and/or Contract, and affirms that this company, corporation, firm, partnership or individual has not prepared this Bid, RFP, RFQ and/or Contract in collusion with any other bidder/vendor or any official or employee of Calhoun County, and that the contents of this Bid, RFP, RFQ, and/or Contract as to prices, terms or conditions of said Bid, RFP, RFQ and/or Contract have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business or to any official or employee of Calhoun County prior to the official opening of this Bid, RFP, RFQ and/or Contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bidders/vendors Bid, RFP, RFQ and/or Contract. If an error is made, the bidder/vendor must draw a line through the errorand initial each change. All responses typed or handwritten in ink must be clear and legible. Submission of Sealed Bid, RFP, RFQ, and/or Contract: All Bids, RFPs, RFQs, and/or Contracts must be delivered to the County Judge's Office in a SEALED envelope. When submitting a SEALED Bid, RFP, RFQ, and/or Contract the envelope must be taped and/or glued closed in order for it to be accepted as a SEALED Bid, RFP, RFQ and/or Contract. The bidder/vendor must submit the original and required number of copies of their completed Bid, RFP, RFQ, and/or Contract and any additional required information/forms in a SEALED envelope to the Calhoun County Judge's Office, Calhoun County Courthouse, 211 South Ann Street, 3`d Floor, Suite 301, Port Lavaca, Texas. The Bid, RFP, RFQ, and/or Contract will specify the date and time due. The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clock that will be used in determining the time the Bid, RFP, RFQ and/or Contract is received and the time deadline that the Bid, RFP, RFQ and/or Contract will be opened. A late delivery with an early postmark or delivery of the Bid, RFP, RFQ, and/or Contract to the wrong office will not suffice. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting bidder/vendor. The door to the County Judge's office will be closed once the due date and time has been reached and no other bids will be accepted. Calhoun County will not be responsible for the delivery of your Bid, RFP, RFQ and/or Contract to the office of the Calhoun County Judge. Calhoun County is not responsible for late deliveries due to postal mail or other mail delivery services delays. Calhoun County is not responsible for the delivery of the Bid, RFP, RFQ, and/or Contract to the wrong office. Calhoun County does not accept faxed or emailed Bids, RFPs, RFQs, and/or Contracts. If the bidder/vendor would like to confirm the delivery of their Bid, RFP, RFQ and/or Contract, the bidder/vendor may call the Calhoun County Judge's office at 361-553-4600. Late Bids, RFPs, RFQs, and/or Contracts will not be accepted. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be opened and shall be considered void and unacceptable. Bids, RFPs, RFQs, and/or Contracts must be submitted in a SEALED 9 x 12 or larger envelope, addressed as follows: Richard H. Meyer, County Judge, Calhoun County Courthouse, 211 S. Ann St., Suite 301, Port Lavaca, TX 77979. The outside of the SEALED envelope must be clearly marked: SEALED BID (RFP, RFQ, or Contract) and the name of the Bid, RFP, RFQ or Contract. If the Bid, RFP, RFQ and/or Contract is sent by UPS, FedEx or other delivery service, the outside of this envelope must be clearly marked: SEALED Bid (RFP, RFQ, or Contract) and the name of the Bid, RFP, RFQ, or Contract. Withdrawal of Bid, RFP, RFQ, and/or Contract: A bidder/vendor may withdraw their Bid, RFP, RFQ and/or Contract before Calhoun County's acceptance of the Bid, RFP, RFQ and/or Contract without prejudice to the bidder/vendor, by submitting a written request for its withdrawal to the Calhoun County Judge and mail or hand deliver to the address the Bid, RFP, RFQ and/or Contract was submitted to. A Bid, RFP, RFQ and/or Contract that was opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the Bid, RFP, RFQ and/or Contract price. Bids, RFPs, RFQs, and/or Contracts containing an error may be offered "as is" or withdrawn by the bidder/vendor in accordance with applicable State Laws. Opening and Award of Bid, RFP, RFQ, and/or Contract: Bidders/vendors are invited to be present at the opening and awarding of the Bid, RFP, RFQ and/or Contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions, the Bid, RFP or RFQ specifications or contract, if applicable, shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditors Office will send each bidder/vendor that received a Bid, RFP, RFQ and/or Contract packet the addendum once it has been approved by Calhoun County Commissioners Court. No addendum can be sent out until Calhoun County Commissioners Court has approved the addendum or approved the addendum to be sent out by the Engineer with the approval from the County Commissioner or County Department in charge of the project. Indemnification/Hold Harmless: The successful bidder/vendor shall defend, indemnify and hold Calhoun County and its officials, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage a rising from any cause whatsoever, resulting directly or indirectly from bidder's/vendor's performance. Bidder/vendor shall procure and maintain, with respect to the subject matter of this Bid, RFP, RFQ, and/or Contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employer's liability and auto insurance with adequate limits to cover bidder's/vendor's liability as may arise directly or indirectly from work performed under terms of this Bid, RFP, RFQ and/or Contract. Certification of such coverage shall name, by policy endorsement, Calhoun County as an additional insured and be provided to Calhoun County upon request. Waiver of subrogation: Bidder/vendor and bidder's/vendor's insurance carrier shall waive any and all rights whatsoever with regard to subrogation against Calhoun County and its respective officials, employees, and insurers as an indirect party to any suit arising out of personal or property damages resulting from bidder's/vendor's performance under this Bid, RFP, RFQ, and/or Contract. Insurers and all policies of insurance provided shall contain a provision and/or endorsement stating that the insurance carriers and underwriters waive all rights of subrogation in favor of Calhoun County and its respective officials, employees, and insurers. Bonds: If the Bid, or RFP, requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or RFPs submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all sales tax (state, city and county sales tax) and federal excise taxes under Section 151.309 of the Texas Tax Code. Tax exempt forms will be furnished upon request to the bidder/vendor. Tax exempt forms can be obtained from the Calhoun County Auditor's Office. Bidder/vendor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, bidder/vendor should state these items at cost. Pricing: Prices for all products/goods, services, and/or contracts shall be firm for the duration of the Bid, RFP, and/or Contract and shall be stated on the Bid, RFP, and/or Contract form. Prices shall be all inclusive. All prices must be written in ink or typewritten and must be legible. Pricing on all transportation, freight, and other charges are to be prepaid by the bidder/vendor and included in the Bid, RFP, and/or Contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, bidder/vendor must indicate the items required and their costs or forfeit the right to payment for such items. Additional charges added to the Bid, RFP, and/or Contract prices may void the Bid, RFP, and/or Contract. Where unit pricing and extended pricing differ, unit pricing prevails. Inspections: Calhoun County reserves the right to inspect any products/goods or service location for compliance with specifications and requirements and needs of the using department before accepting them. When applicable, Calhoun County reserves the right to enter upon any County leased premises at any time to inspect said premises. Testing: Calhoun County reserves the right to test equipment, supplies, materials, and products/goods bid, proposed, and/or agreed upon for quality, compliance with specifications and ability to meet the needs of the user. Should the equipment, supplies, materials, products/goods and/or services fail to meet requirements and/or be unavailable for evaluation, the Bid, RFP, and/or Contract is subject to rejection. Material Safety Data Sheets: Under the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act", a bidder/vendor must provide to Calhoun County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the bidder/vendor to furnish this documentation will be cause to reject any Bid, RFP, and/or Contract applying thereto. Awards: Calhoun County reserves the right to award this Bid, RFP, RFQ, and/or Contract on the basis of lowest and/or best Bid, RFP, RFQ, 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 bidder/vendor, to reject any or all Bids, RFPs, RFQs, and/or Contracts and to be the sole judge in determining which Bid, RFP, RFQ and/or Contract will be most advantageous to Calhoun County. Calhoun County will evaluate and may award a Bid, RFP, RFQ, and/or Contract based on lowest and/or best Bid, RFP, RFQ and/or Contract meeting specifications. "Lowest and/or best Bid, RFP, RFQ and/or Contract" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, the county's past experience with the bidder/vendor and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid, any/all of the RFPs, any/all of the RFQs, and/or any/all of the Contracts as it deems to be in the best interest of the County. An award is final only upon formal execution by Calhoun County Commissioners Court. Per Local Government Code, Sec. 262.027, Calhoun County reserves the right to reject all Bids, RFPs, RFQs, and/or Contracts and to go out for new Bids, RFPs, RFQs, and/or Contracts. In the event of tie Bids, RFPs, RFQs, and/or Contracts, the winning Bid, RFP, RFQ and/or Contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit Bids, RFPs, RFQs, and/or Contracts. Assignment: The successful bidder/vendor may not assign, sell, sublease or otherwise transfer the Bid, RFP, RFQ, and/or Contract without first obtaining the written approval of Calhoun County Commissioners Court. A change in ownership or management shall cancel the Bid, RFP, RFQ and/or Contract unless a mutual agreement is reached with the new owner or manager to continue the Bid, RFP, RFQ and/or Contract under the awarded provisions and approved by Calhoun County Commissioners Court. Term of the Bid, RFP, RFQ, and/or Contract: If the Bid, RFP, RFQ, and/or Contract is intended to cover a specific time period, said time will be given in the specifications, instructions, and/or contracts. Obligation of the Bid. RFP, RFQ, and/or Contract: Bids, RFPs, RFQs, and/or Contracts are awarded only upon formal execution by Calhoun County Commissioners Court. If a contract is required, the Calhoun County Judge or other person authorized by Calhoun County Commissioners Court must sign the contract before it becomes binding on Calhoun County. No person is authorized to sign contracts until authorized by Calhoun County Commissioners Court. Calhoun County is not responsible for any contract signed without Commissioners Court approval. 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 Calhoun County to purchase supplies from the next lowest bidder/vendor that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the bidder/vendor at the bidder's/vendor's expense. All disputes concerning quality of equipment, supplies, materials, products/goods, and/or services delivered under this Bid, RFP, RFQ and/or contract will be determined by Calhoun County Commissioners Court or their designated representative. Termination: Calhoun County reserves the right to terminate the Bid, RFP, RFQ, and/or Contract for default if the bidder/vendor breaches any of the terms therein, including warranties of bidder/vendor or if the bidder/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 products/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, RFPs, RFQs, and/or Contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The bidder/vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled Bid, RFP, RFQ, and/or Contract to the next lowest and best bidder/vendor that met specifications and is deemed to be in the best interest of Calhoun County. Delinquent Property Taxes: Calhoun County reserves the right to reject any Bid, RFP, RFQ, and/or Contract submitted by a bidder/vendor owing delinquent property taxes to Calhoun County, Texas. If the bidder/vendor subsequently becomes delinquent in the payment of Calhoun County taxes this may be grounds for cancellation of the Bid, RFP, RFQ, and/or Contract. Despite anything to the contrary, if the bidder/vendor is delinquent in payment of Calhoun County taxes at the time of invoicing, bidder/vendor assigns any payments to be made under this Bid, RFP, RFQ, and/or Contract to the Calhoun County Tax Assessor Collector for the payment of delinquent taxes. Certificate of Interested Parties — Form 1295 Section 2252.908 was added to the Government Code by the 84th Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 ofthe Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. 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. 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, RFPs, and/or RFQs also require Form 1295). The law does not apply to a Bid, RFP, RFQ, and/or Contract 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, and/or awarding a Bid, RFP, RFQ, and/or Contract with a business entity. Governmental transparency is the objective of the law. A business entity must generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enterthe required information on Form 1295 and print a copy ofthe 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. An authorized agent of the business entity must sign and complete the bottom portion of the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners Court will not consider for action any Contract with a business entity unless it is accompanied by a completed and signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. A business entity will generate Form 1295 online after notification of award and submit with their signed contract. (See Attachment A to General Conditions) No later than thirty (30) days after Calhoun County Commissioners Court approves a contract with a business entity, the Calhoun County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Bidder/vendor certifies that at the time of submission of its (their) Bid, RFP, RFQ and/or Contract, the bidder/vendor, as well as the bidder's/vendors principals, are not on the federal government's list of suspended, ineligible or debarred bidders/vendors and that the bidder/vendor and its (their) principals have not been placed on this list between the time of the Bid, RFP, RFQ, and/or Contract submission and the time of execution of the Bid, RFP, RFQ and/or Contract. A print out of the search results that includes the record date showing that the Company, and its Principals, if any, have an active registration with the System for Award Management (www.SAM.gov) AND are not debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM) must be included with the bidder's/vendor's Bid, RFP, RFQ and/or Contract. If bidder/vendor or its (their) principals are placed on this list during the term of the Bid, RFP, RFQ, and/or Contract, the bidder/vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the Bid, RFP, RFQ, and/or Contract for default. Invoices and Payments: All invoices are subject to approval by the Calhoun County Auditors Office. Invoices shall be billed to Calhoun County to the attention of the County Department that the invoice pertains to and, if applicable, have all necessary backup information needed. Invoices shall be itemized (detailed) and free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable. Invoices that are not billed to Calhoun County to the attention of the County Department that the invoice pertains to, not itemized (detailed) and/or free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable, may be returned to the bidder/vendor for corrections. Calhoun County will not incur any fees and/or charges for this request and/or delay in payment of the invoice(s) that was originally submitted incorrectly. Approval of payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the Calhoun County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the Calhoun County Treasurer's Office by the deadline time and date set forth by the Treasurers office. No payment can be made or mailed out until approved by Calhoun County 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 forthe 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. Gratuities: Calhoun County may, by written notice to the bidder/vendor, cancel any order and/or service without liability, if it is determined by Calhoun County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the bidder/vendor, or any agent or representative of the bidder/vendor to any official, employee, or agent of Calhoun County with a view toward securing a Bid, RFP, RFC, Contract, order, and/or service. In the event a Bid, RFP, RFC, Contract, order, and/or service is canceled by Calhoun 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 bidder/vendor in providing such gratuities. Warranty Product: Bidder/vendor warrants that products/goods sold to and/or services provided to Calhoun County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and OSHA Act of 1970. In the event products/goods sold and/or services provided do not conform to OSHA Standards, where applicable, Calhoun County shall return the product/item for correction or replacement at the bidders/vendors expense. In the event that services do not conform to OSHA Standards, Calhoun County may immediately stop the services and seek reimbursement for said services at the bidder's/vendor's expense. In the event the bidder/vendor fails to make the appropriate correction within a reasonable time, correction made by Calhoun County shall be at the bidder's/vendor's expense. Bidder/vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this Bid, RFP, RFQ and/or Contract voidable at the option of Calhoun County. Bidder/vendor warrants that the products/goods and/or services furnished and/or performed will conform to the specifications, scope of work, general conditions, drawings, and/or descriptions listed in the Bid, RFP, RFQ, and/or Contract and to the sample(s) furnished by bidder/vendor, if any. In the event of a conflict between the specifications, scope of work, general conditions, drawings, and/or descriptions, the specifications shall govern. All products/goods must be new, in first class condition, unless otherwise specified. The design, strength and quality of materials must conform to the highest standards of manufacturing practice. Products/goods, and/or services supplied and/or performed under this Bid, RFP, RFQ and/or Contract shall be subject to Calhoun County's approval. Successful bidder/vendor shall warrant that all products/goods and/or services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any products/goods and are services found defective or not meeting specifications shall be picked up and promptly replaced or corrected to Calhoun County's satisfaction by the successful bidder/vendor at no expense to Calhoun County. 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 bidder/vendor breaches any of the terms hereof including warranties of bidder/vendor, or if the bidder/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. Calhoun County shall not incur any fees and/or charges related to the cancellation. The bidder/vendor shall be responsible for any fees and/or charges that are related to the cancellation. Force Maieure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Bid, RFP, RFQ and/or Contract, 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 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 Bid, RFP, RFQ, and/or Contract, 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 Bid, RFP, RFQ and/or Contract 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, RFP, RFQ 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: To the extent it is applicable, this Bid, RFP, RFQ and/or Contract 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 as effective and in force on the date of this Bid, RFP, RFQ and/or Contract. Otherwise, Texas state and federal law shall apply. Prohibition against Personal Interest in Bids, RFPs, RFQs, and/or Contracts: No official, employee, or agent of Calhoun County shall have financial interest, direct or indirect, in any Bid, RFP, RFQ and/or Contract with Calhoun County, orshall be financially interested, directly or indirectly, in the sale/lease to Calhoun County of any land, materials, supplies, or service, except on behalf of Calhoun County as an official, employee, or agent. Any willful violation of this section shall constitute malfeasance in office, and any official, employee, or agent 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 company, corporation, firm, partnership, or individual contracting with Calhoun County shall render the Bid, RFP, RFQ and/or Contract involved voidable by the Calhoun County Commissioners Court. Insurance: Proof (copy of bidder's/vendor's current insurance) of the below listed insurance may be required to be returned with the Bid, RFP, RFQ and/or Contract. As additional security for Calhoun County and as separate obligations of bidder/vendor not in conjunction with any other provisions of the Bid, RFP, RFQ and/or Contract, bidder/vendor agrees to carry and maintain during the term of the Bid, RFP, RFQ and/or Contract the minimum insurance coverages stated below. Before commencing work, the successful bidder/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(s) of liability insurance (Form ACORD 25 or equivalent) showing, at least, the following minimum insurance coverage to be in force throughout the term of the Bid, RFP, RFQ and/or Contract. Higher rates and/or additional coverage may apply depending upon type of Bid, RFP, RFQ and/or Contract. o General Liability ($100,000/$300,000 or greater) o Workers' Compensation (at Statutory Limits) o Employer's Liability ($1,000,000 or greater) o Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) o Professional Liability Insurance (if applicable) o Farm Liability Insurance (if applicable) Coverages shall apply on an occurrence basis. The certificate(s) must reflect, by policy endorsement, that Calhoun County, Texas is an additional insured on all required policies. Each certificate of liability insurance (Form ACORD 25 or equivalent) to be furnished by successful bidder's/vendor's insurance agent 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, material change, or non -renewal in coverage. Calhoun County's receipt of or failure to object to any insurance certificates or policies submitted by the bidder/vendor does not release or diminish in any mannerthe liability or obligations of the bidder/vendor or constitute a waiver of any of the insurance requirements for the Bid, RFP, RFQ and/or Contract. Replacement certificate(s) of liability insurance (Form ACORD 25 or equivalent) evidencing continuation of such coverage and naming, by policy endorsement, Calhoun County as an additional insured, shall be furnished to the Calhoun County Auditor's office priorto the expiration of the current policies. Should bidder/vendor at any time neglect, refuse to provide, or cancel the insurance required, Calhoun County shall have the right to terminate the Bid, RFP, RFQ, and/or Contract or pursue any remedy available by law. The insurance coverage requirements in the Bid, RFP, RFC, and/or contract will in no way be construed as limiting the scope of indemnification. OSHA Requirements: Bidder/vendor must meet all Federal and State OSHA requirements. The bidder/vendor hereby guarantees to Calhoun County that all materials, supplies, equipment and/or services listed on the Bid, RFP, RFQ Contract, Purchase Order or Invoice shall conform to the requirements, specifications and standards promulgated by the U.S. Department of Labor under the 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 bidder/vendor who believes they are aggrieved in connection with or pertaining to a Bid, RFP, RFQ 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: o Name, mailing address and business phone number of the protesting party; o Appropriate identification of the Bid, RFP, RFC, and/or Contract being protested; o A precise statement of the reasons for the protest; and o Any documentation or other evidence supporting the protest and any alleged claims. The Calhoun 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 Calhoun County Commissioners Court. If the Calhoun County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Calhoun County Commissioners Court. Applicable documentation and other information applying to the protest will be forwarded to Calhoun County Commissioners Court, who will promptly review such documentation and information. If additional information is required, Calhoun County Commissioners Court will notify the protesting party to provide such information. The decision of Calhoun County 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. Bidder/Vendor waives any obligation to the release to the public of any documents submitted in accordance with the Bid, RFP, RFC, and/or Contract. 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 To request information from Calhoun County, please contact: Calhoun County Auditor Calhoun County Courthouse Annex 11 202 5 Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 The Packet, Invitation for Bids, Request for Proposals and/or Request for Qualifications are posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results. ATTACHMENT A CALHOUN COUNTY, TEXAS GENERAL CONDITIONS CERTIFICATE OF INTERESTED PARTIES FORM 1295 A business entity will generate Form 1295 online after notification of award and submit with their signed contract. Form 1295 must be filled out and submitted online, printed, complete #6, signed and returned with the Agreement, Contract, or Lease. See Calhoun County, Texas —Policy of Compliance TO FILL OUT FORM 1295: Go to: https://www.ethics.state.tx.us/File 1. If you have an account, login and proceed with the process or if you do not have an account, follow the instructions to set up an account and then proceed with the process. 2. Submit and print a copy of the form which will contain a unique certification number and date submitted in the upper right hand box that is marked "Office Use Only'. 3. The Respondent or an authorized agent of the Respondent must sign and date the printed copy, of the form (making sure all of #6 is completed). 4. The completed Form 1295 must be included with your Agreement, Contractor Lease, when it is submitted to Calhoun County. For help in filling out the form: #1 Name of Business Entity filing the form, and the City, State and Country of the Entity's place of business #2 Calhoun County, Texas (Also, if applicable, insert name of County Department) #3 • Contract number, if not given, can be the year or dates associated with the Agreement, Contract, Lease or if for a Bid, RFP, or RFQ, the Bid, RFP, RFQ number and dates the Bid, RFP, RFQ pertains to • Description is description of Agreement, Contract, Lease or name of Bid, RFP, RFQ On #4 and #5, complete only the one that applies to you #4 Fill in the correct information if this applies OR #5 Mark an X in the Box if this applies #6 Fill in the correct information, submit and print After printing, the respondent or an authorized agent of the respondent must sign and date (making sure all of #6 is completed) When you print you should see a Certificate Number and Date in the upper right hand box that is marked "Office Use Only". 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. ` w 2 Name of governmental entity or state agency that is a party to the contract which the form is being filed. ♦ 3 Provide the identification number used by the governmental entity or state agency to tJJ;i/%k'� p Identify the contract, and provide a description of the services, goods, or other property to be provided Vr.�Y�e contract. 4 Name of Interested Party City, State, Country �'w Nature of Interest (check applicable) (place of business) ' J Controlling Intermediary ♦ NN 5 ❑Check only if there' terested Party. B UNSWORN DEC♦l!� N My name is `` , and my date of birth is My eddies NO , (street) (city) (state) (zip code) (country) �Ldnder penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission w ethics.state.tx.us Revised 12/22/2017 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioners Court January 28, 2016 Amended by Commissioners Court January 31, 2018 and September 14, 2022 BACKGROUND Section 2252.908 was added to the Government Code by the 841h 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. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. 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. 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 Commissioners Court will not consider for action any contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than 30 days after Commissioner's Court approves a contract with a non-exempt business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. CHANGE ORDER DATE OF ISSUANCE: EFFECTIVE DATE: No. OWNER: Calhoun County CONTRACTOR: ENGINEER: Urban Engineering CONTRACT: Construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction OWNER's CONTRACT NO.: Bid No. 2024.09 ENGINEER's PROJECT NO.: E25470.00 You are directed to make the following changes in the Contract Documents Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price: Net Increase (Decrease) from previous Change Orders No. to No. Contract Price prior to this Change Order: Net increase (decrease) of this Change Order: Contract Price with all approved Change Orders: RECOMMENDED: By: ENGINEER (Authorized Signature) Date: APPROVED: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) By: By: OWNER (Authorized Signature) Date: CONTRACTOR (Authorized Signature) Date: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. E2547000 - Change Order 08124 00940 - 1 DATE OF ISSUANCE: Iq11111lNFICHa VEel A]1A*0dW4 EFFECTIVE DATE: 20 OWNER: Calhoun County CONTRACTOR: ENGINEER: Urban Engineering CONTRACT: Construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. PROJECT: Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction OWNER's CONTRACT NO.: Bid No. 2024.09 ENGINEER's PROJECT NO.: E25470.00 You are directed to make the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change): If OWNER or CONTRACTOR believes that the above change has affected Contract Price, any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ❑ Unit Prices ❑ Lump Sum ❑ Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: ENGINEER (Authorized Signature) AUTHORIZED: OWNER By: (Authorized Signature) ACCEPTED: CONTRACTOR By: (Authorized Signature) EJCDC 1910-8-B (1998 Edison) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Assodated General Contractors of America and the Construction Specifications Institute. E25470 OD- Work Change Directive 08124 00940 - 2 PROJECT SPECIFICATIONS TABLE OF CONTENTS PROJECT SPECIFICATIONS Division 7 - General Requirements Section 01010 Summary of Work Section 01015 Contractor Use of Premises Section 01025 Measurement and Payment Section 01035 Change Order Procedures Section 01040 Coordination and Meetings Section 01045 Cutting and Patching Section 01050 Field Surveying Section 01090 Reference Standards Section 01300 Submittals Section 01380 Construction Photographs and Videos Section 01410 Testing Laboratory Services Section 01420 Inspection Services Section 01500 Temporary Facilities and Controls Section 01505 Mobilization Section 01511 Diversion Pumping Section 01526 Trench Safety System Section 01535 Tree and Plant Protection Section 01560 Storm Water Pollution Prevention Section 01563 Control of Ground Water and Surface Water Section 01564 Waste Material Disposal Section 01566 Source Controls for Erosion and Sedimentation Section 01567 Filter Fabric Fence Section 01568 Reinforced Filter Fabric Barrier Section 01569 Stabilized Construction Exit Section 01570 Traffic Control and Regulation Section 01630 Product Options and Substitutions Section 01700 Contract Closeout Section 01720 Project Record Documents Division 2 - Site Work Section 02484 Marine Bulkheads Section 02485 Treated Timber Structures Table of Contents - Project Specifications Page 1 of 1 08/24 (E25470.00 - Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction) SECTION 01010 PART GENERAL 1.01 SECTION INCLUDES 6'P1L4h9/e1WIC; A. Summary of the Work including work by Owner, Owner furnished products, required Work sequence, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. Work of the contract is for the Bid No. 2024.09 - Calhoun County Bill Sanders Park - Swan Point Bulkhead & Pier Construction which includes the construction of 276 feet of vinyl bulkhead and a 233-foot timber fishing pier at the Bill Sanders Park - Swan Point in Seadrift, Texas. 1.03 ALTERNATES - None 1.04 WORK BY OWNER - None 1.05 OWNER FURNISHED PRODUCTS - None 1.06 REQUIRED WORK SEQUENCE - None 1.07 OWNER OCCUPANCY A. The Owner will occupy the site during the entire period of construction for the conduct of normal operations. B. Cooperate with the Owner to minimize conflict and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. C. Schedule Work to accommodate this requirement. PART PRODUCTS - Not Used PART EXECUTION - Not Used A1UZ67=1xN1NP1 E25470.00 —Section 01010 —Summary of Work 01010-1 08/24 Page 1 of 1 [This page intentionally left blank] SECTION 01015 PART GENERAL 1.01 SECTION INCLUDES CONTRACTOR USE OF PREMISES A. Section includes general use of the site including properties inside and outside of the site, work affecting roadways, ramps, streets and driveways and notification to adjacent occupants. iI;OY�I911z A. Confine access and operations and storage areas to site provided by Owner; trespassing on abutting lands or other lands in the area is not allowed. B. Contractor may make arrangements, at Contractor's cost, for temporary use of private properties, in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the site. 1.03 PROPERTIES OUTSIDE OF SITE A. Altering the condition of properties adjacent to the site will not be permitted unless authorized by the Engineer. B. Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the site will not be permitted. C. Any damage to properties outside of the site shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. 1.04 USE OF SITE A. Obtain approvals of governing authorities prior to impeding or closing public roads or streets. B. Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C. Maintain access for emergency vehicles including access to fire hydrants. D. Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E. Locate and protect private lawn sprinkler systems which may exist within the site. Repair or replace damaged systems to condition equal to or better than that existing at start of Work. F. Perform daily clean up of dirt outside the construction zone, and debris, scrap materials, and other disposable items. Keep streets, driveways, and sidewalks clean of dirt, debris and scrap materials. Do not leave buildings, roads, streets or other construction areas unclean overnight. 1.05 NOTIFICATION TO ADJACENT OCCUPANTS A. Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be not less than 72 hours or more than 2 weeks prior to work being performed within 200 feet of the homes or businesses. Section 01015 —Contractor Use of Premises 01015-1 10/06 Page 1 of 2 SECTION 01015 CONTRACTOR USE OF PREMISES B. Include in notification name and telephone numbers of a company representative for resident contact. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C. Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.06 PUBLIC, TEMPORARY, AND CONSTRUCTION ROADS AND RAMPS A. Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. B. Operate all trucks in accordance with applicable provisions of the City's Ordinances. C. Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment. D. Construct and maintain access roads and parking areas as specified in Section 01500 - Temporary Facilities and Controls. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A. Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B. Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C. Remove surplus materials and debris and open each block for public use as work in that block is complete. D. Acceptance of any portion of the Work will not be based on return of street to public use. E. Avoid obstructing driveways or entrances to private property. F. Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. 1.08 TRAFFIC CONTROL A. Provide barricades and signs in accordance with Section VI of the State of Texas Manual on Uniform Traffic Control Devices. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01015 —Contractor Use of Premises 01015-2 10/06 Page 2 of 2 SECTION 01025 PART GENERAL 1.01 SECTION INCLUDES MEASUREMENT AND PAYMENT A. Procedures for measurement and payment plus conditions for nonconformance assessment and nonpayment for rejected products. 1.02 AUTHORITY A. Measurement methods delineated in Specification sections are intended to complement the criteria of this section. In the event of conflict, the requirements of the Specification section shall govern. B. Measurements and quantities submitted by the Contractor will be verified by the Engineer. C. Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A. Quantity and measurement estimates stated in the Agreement are for contract purposes only. Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine payment as stated in the General Conditions. B. If the actual Work requires greater or lesser quantities than those quantities indicated in the Unit Price Bid, provide the required quantities at the unit prices contracted, except as otherwise stated in the General Conditions. 1.04 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. B. Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C. Measurement by Area: Measured by square dimension using mean length and width or radius. D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E. Stipulated Price Measurement: By unit designated in the agreement. F. Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A. Payment Includes: Full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. Section 01025 — Measurement and Payment 01025-1 03/03 Page 1 of 2 SECTION 01025 k9t:F_FYl1N4Jtl=1 L, 11 W-11 k, 10 2-lvdtrtl=1Z11d B. Total compensation for required Unit Price Work shall be included in the Unit Price Bid. Claims for payment as Unit Price Work, but not specifically covered in the list of unit prices contained in the Unit Price Bid, will not be accepted. C. Interim payments for stored materials will be made only for materials to be incorporated under items covered in unit prices, unless disallowed in Supplementary Conditions. Such materials must be stored on the jobsite or at a location approved by the Engineer. D. Progress payments will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. E. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. F. Some individual technical specifications may contain measurement and/or payment provisions that may not be consistent with the Bid Form. In all cases, the Bid Form will take precedence over the technical specifications with regard to measurement and payment. 1.06 NONCONFORMANCE ASSESSMENT A. Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of Engineer, if the modified work is deemed to be less suitable than originally specified. C. Specification sections may modify these options or may identify a specific formula or percentage price reduction. D. The authority of Engineer to assess the nonconforming work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01025 — Measurement and Payment 01025-2 03103 Page 2 of 2 SECTION 01035 PART GENERAL 1.01 SECTION INCLUDES CHANGE ORDER PROCEDURES A. Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, work change directive, stipulated price change order, unit price change order, time and materials change order; 4. Execution of Change Orders; 5. Correlation of Contractor submittals. 1.02 REFERENCES A. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.03 RESPONSIBLE INDIVIDUAL A. Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A. Contractor shall maintain detailed records of changes in the Work. Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Contractor shall document each proposal for a change in cost or time with sufficient data to allow evaluation of the proposal. C. Proposals shall include, as a minimum, the following information as applicable: 1. Quantities of items in the original Bid Form with additions, reductions, deletions, and substitutions. 2. When Work items were not included in the Bid Form, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D. For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E. Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental Section 01035 — Change Order Procedures 01035-1 03/03 Page 1 of 3 SECTION 01035 CHANGE ORDER PROCEDURES invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F. For changes in the work performed on a time -and -materials basis using Contractor -owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A. Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All changes will be in accordance with the requirements of the General Conditions. B. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by the General Conditions by issuing supplemental instructions. C. Contractor may request clarification of Drawings, Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this section. 1.06 PROPOSALS AND CONTRACT MODIFICATIONS A. The Engineer may issue a - Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal within 7 days or as specified in the request. B. The Contractor may propose an unsolicited change by submitting a Proposal to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A. Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C. Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. Section 01035—Change Order Procedures 01035-2 03/03 Page 2 of 3 SECTION 01035 CHANGE ORDER PROCEDURES 1.08 STIPULATED PRICE CHANGE ORDER A. A stipulated price Change Order will be based on an accepted Proposal including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A. Where Unit Prices for the affected items of Work are included in the Bid Form, the unit price Change Order will be based on unit prices as originally bid, subject to provisions of the General Conditions. B. Where unit prices of Work are not pre -determined in the Bid Form, Work Change Directive or accepted Proposal will specify the unit prices to be used. 1.10 TIME -AND -MATERIAL CHANGE ORDER A. Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in the General Conditions. B. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the General Conditions. C. Contractor shall maintain detailed records of work done on time -and -material basis as specified in paragraph 1.04. Documentation of Change in Contract Price and Contract Time. D. Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A. Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for signatures of parties as described in the General Conditions. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A. For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B. For Unit Price Contracts, the next monthly estimate of work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C. Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D. Contractor shall promptly enter changes to the on -site and record copies of the Drawings, Specifications or Contract Documents as required in Section 01720 - Project Record Documents. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01035 — Change Order Procedures 01035-3 03103 Page 3 of 3 [This page intentionally left blank] SECTION 01040 PART GENERAL 1.01 SECTION INCLUDES COORDINATION AND MEETINGS A. Section includes general coordination including preconstruction conference, site mobilization conference, and progress meetings. 1.02 RELATED DOCUMENTS A. Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A. The Engineer may act directly or through designated representatives as defined in the General Conditions and as identified by name at the preconstruction conference. 1.04 CONTRACTOR COORDINATION A. Coordinate scheduling, submittals, and Work of the various Specifications sections to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work for Substantial Completion and for portions of Work designated for Owner's partial occupancy. C. Coordinate access to site for correction of nonconforming Work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a preconstruction conference. B. Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C. Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties in Contract, and the Consultant. 3. Review of insurance. 4. Discussion of formats proposed by the Contractor for schedule of values, and construction schedule. 5. Procedures and processing of shop drawings and other submittals, substitutions, pay estimates or applications for payment, Requests for Information, Request for Proposal, Change Orders, and Contract closeout. 6. Scheduling of the Work and coordination with other contractors. 7. Review of Subcontractors. 8. Appropriate agenda items listed for Site Mobilization Conference, paragraph 1.06 C, when preconstruction conference and site mobilization conference are combined. 9. Procedures for testing. 10. Procedures for maintaining record documents. 1.06 SITE MOBILIZATION CONFERENCE A. When required by the Contract Documents, Engineer will schedule a conference at the Project site prior to Contractor occupancy. Section 01040 — Coordination and Meetings 01040-1 03103 Page 1 of 2 SECTION 01040 COORDINATION AND MEETINGS B. Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C. Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A. Project meetings shall be held at Project field office or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C. Engineer or his representative will make arrangements for meetings and recording minutes. D. Engineer or his representative will prepare the agenda and preside at meetings. E. Contractor shall provide required information and be prepared to discuss each agenda item. F. Agenda: 1. Review minutes of previous meetings 2. Review of Work progress schedule submittal, and pay estimates, payroll and compliance submittals 3. Field observations, problems, and decisions 4. Identification of problems which impede planned progress 5. Review of submittals schedule and status of submittals 6. Review of Request for Information and Request for Proposal status 7. Change order status 8. Review of off -site fabrication and delivery schedules 9. Maintenance of progress schedule 10. Corrective measures to regain projected schedules 11. Planned progress during succeeding work period 12. Coordination of projected progress 13. Maintenance of quality and work standards 14. Effect of proposed changes on progress schedule and coordination 15. Other items relating to Work PART PRODUCTS - Not Used PART EXECUTION - Not Used A211Px*7961xi11[NPI Section 01040 —Coordination and Meetings 01040-2 03103 Page 2 of 2 SECTION 01045 PART GENERAL 1.01 SECTION INCLUDES CUTTING AND PATCHING A. Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover work for access, inspection or testing. 1.02 CUTTING AND PATCHING A. Perform activities to avoid interference with facility operations and the Work of others in accordance with the Document 00700 - General Conditions of the Contract. B. Execute cutting and patching, including excavation, backfill and fitting to: 1. Remove and replace defective Work or Work not conforming to the Drawings and Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Engineer or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues, if any, and do cutting, patching and finishing. C. Restore existing work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Specifications. D. Support, anchor, attach, match, trim and seal materials to the Work of others. Unless otherwise specified, furnish and install sleeves, inserts, hangers, required for the execution of the Work. E. Provide shoring, bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting beams or other structural members, anchors, lintels or other supports, request written instructions from the Engineer. Follow such instructions, as applicable. 1.03 SUBMITTALS A. Submit written notice to the Engineer requesting consent to proceed prior to cutting which may affect structural integrity or design function, Owner operations, or work of another contractor. B. Include the following in submittal: 1. Identification of project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. Section 01045 — Cutting and Patching 01045-1 10/06 Page 1 of 2 SECTION 01045 CUTTING AND PATCHING d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. C. Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Engineer including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. D. Submit written notice to the Engineer designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the Engineer. 1.04 CONNECTIONS TO EXISTING FACILITIES A. Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Specifications or approved by the Engineer. B. Coordinate with the Engineer and utility owner, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C. Submit a detailed schedule of proposed connections, including shut -downs and tie-ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Provide specific time and date information to the Engineer 48 hours in advance of proposed Work. Procedures and Operations: 1. The Contractor shall operate existing pumps, valves and gates required for sequencing procedures as directed by the Engineer. Do not operate any valve, gate or other item of equipment without the knowledge of the Engineer. 2. Insofar as possible, equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility. 3. Carefully coordinate Work and schedules. Provide written notice to the Engineer and utility owner at least 48 hours before shut -downs or by-passes are required. PART PRODUCTS -Not Used PART EXECUTION -Not Used END OF SECTION Section 01045—Cutting and Patching 01045-2 10/06 Page 2 of 2 SECTION 01050 PART GENERAL 1.01 QUALITY CONTROL FIELD SURVEYING A. Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer, if required. 1.02 SUBMITTALS A. Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. B. Submit documentation verifying accuracy of survey work on request. C. Submit information under provisions of Section 01300 -Submittals. 1.03 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey work as it progresses. B. Submit Record Documents under provisions of Section 01720 -Project Record Documents. 1.04 EXAMINATION A. Verify locations of survey control points prior to starting Work. B. Notify Engineer immediately of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A. Control datum for survey is that established by Owner -provided survey as indicated on Drawings or in the Special Conditions. B. Locate and protect survey control points, including property corners, prior to starting site work; preserve permanent reference points during construction. C. Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. D. Report promptly to Engineer the loss or destruction of any reference point. E. Contractor shall reimburse Owner for cost of reestablishment of permanent reference points disturbed by Contractor's operations. 1.06 SURVEY REQUIREMENTS A. Utilize recognized engineering survey practices. B. Establish a minimum of two permanent benchmarks on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C. Establish elevations, lines and levels to provide quantities required for measurement and payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. Section 01050 — Field Surveying 07/04 01050-1 Page 1 of 2 SECTION 01050 2. Grid or axis for structures. D. Verify periodically layouts by same means. PART PRODUCTS -Not Used PART EXECUTION -Not Used END OF SECTION FIELD SURVEYING Section 01050 — Field Surveying 01050-2 07/04 Page 2 of 2 SECTION 01090 PART GENERAL 1.01 SECTION INCLUDES REFERENCE STANDARDS A. Section includes general quality assurance as related to Reference Standards and a list of references. 1.02 QUALITY ASSURANCE A. For Products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on the date as stated in the General Conditions. C. Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 Section 01090 — Reference Standards 01090-1 03/03 Page 1 of 4 SECTION 01090 REFERENCE STANDARDS ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box11700 Tacoma, WA 98411 API American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps. of Engineers CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FS Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington, DC 20406 ICEA Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 Section 01090 — Reference Standards 01090-2 03/03 Page 2 of 4 SECTION 01090 REFERENCE STANDARDS IEEE Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 NEMA National Electrical Manufacturers' Association 2101 L Street, N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 11th and Brazos Austin, TX 78701 2483 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 Section 01090 —Reference Standards 01090-3 03103 Page 3 of 4 SECTION 01090 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 Dallas, TX 75234 PART PRODUCTS -Not Used PART EXECUTION -Not Used END OF SECTION REFERENCE STANDARDS Section 01090 — Reference Standards 01090-4 03/03 Page 4 of 4 SECTION 01300 SUBMITTALS PART GENERAL 1.01 SECTION INCLUDES A. Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes 1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling I. Schedule submittals well in advance of the need for the material or equipment fol construction. Allow time to make delivery of material or equipment after submittal is approved. 2. Develop a submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a submittal schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers only general conformity to the Drawings, Specifications and dimensions which affect the layout. The Contractor is responsible for quantity determination. No quantities will be verified by the Engineer. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals in no way relieves the Contractor from his obligation to furnish required items according to the Drawings and Specifications. 4. Submit five copies of documents unless otherwise specified in the following paragraphs or in the Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in periodic progress payments until approval has been obtained in the specified manner. B. Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Resubmittals shall use the original number with an alphabetic suffix (i.e., 2A for first resubmittal of Submittal 2 or 15C for third resubmittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. C. Contractor's Certification 1. Each submittal shall contain a statement, signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. Section 01300 — Submittals 07/04 01300-1 Page 1 of 5 SECTION 01300 1.03 SCHEDULE OF VALUES SUBMITTALS A. Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in the Unit Price Bid for which the Contractor requests to receive progress payments. B. Schedule of Values shall be typewritten on 8-1/2" x 11", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C. Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable lump sum amount in the Unit Price Bid. D. For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, mobilization, bonds, and insurance may be listed as separate items in the Schedule of Values. E. For lump sum equipment items where submittal of operations and maintenance data and testing are required, include a separate item for equipment operation and maintenance data submittal valued at 5 percent of the lump sum amount and a separate item for testing and adjusting valued at 5 percent of the lump sum amount. F. Revise the Schedule of Values and resubmit for items affected by Contract Modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A. Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be a bar chart, either computer generated, or prepared manually and a narrative report. B. During the Pre -construction Meeting, as noted in Section 01040 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the submittal will be provided within 7 days of the submittal of the sample. C. Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For projects with work at different physical locations, each location should be indicated separately within the schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the schedule. 4. For projects with multiple types of tasks within the scope, these types of work should be indicated separately within the schedule. 5. For projects with significant major equipment items or materials worth over 30 percent of the Total Contract Price, the schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Schedule and must be agreed to by the Engineer prior to starting work in the area. Section 01300 —Submittals 01300-2 07/04 Page 2 of 5 SECTION 01300 SUBMITTALS A tabulation of the estimated monthly billings for the work shall be prepared and submitted by the Contractor with the first schedule submittal. This information is not required in the monthly updates, unless significant changes in Work require resubmittal of the schedule for review. The total for each month and a cumulative total will be indicated. These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with the General Conditions. D. The Contractor must receive approval of the Engineer for the Schedule and billing estimate prior to the first monthly Application for Payment. No payment will be made until these are accepted. E. Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F. The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the schedule shall be required before the monthly Application for Payment will be processed for payment. G. The narrative Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Schedule; Activities Deleted from the Schedule; any other changes made to the Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A. Shop Drawings 1. Submit shop drawings for review as required by the Specifications. 2. Contractor's Certification, as described in paragraph 1.02C, shall be placed on each drawing. 3. The drawings shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such b. Arrangement and section views c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts d. Kinds of materials and finishes e. Parts list and descriptions f. Assembly drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package g. Where necessary for clarity, identify details by reference to drawing sheet and detail numbers, schedule or room numbers as shown on the Contract Drawings. 4. Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. B. Product Data 1. Submit product data for review as required in Specification sections. 2. Contractor's Certification, as described in paragraph 1.02C, shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Specifications. Section 01300 —Submittals 01300-3 07/04 Page 3 of 5 SECTION 01300 SUBMITTALS 4. For products specified only by reference standard, give manufacturers, trade name, model or catalog designation and applicable reference standard. 5. For products proposed as alternates to "approved" products, as described in Section 01630 - Product Options and Substitutions, provide all information required to demonstrate the proposed products meet the level of quality and performance criteria of the "approved product". C. Samples 1. Submit samples for review as required by the Specifications. 2. Contractor's Certification, as described in paragraph 1.02C, shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in Specifications; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A. When specified in Specification sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B. Contractor's Certification, as described in paragraph 1.02C, shall be placed on front page of each document. C. Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A. When specified in Specification sections, submit manufacturers' certificate of compliance for review by Engineer. B. Contractor's Certification, as described in paragraph 1.02C, shall be placed on front page of the certificate. C. Submit supporting reference data, affidavits, and certifications as appropriate. D. Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A. When required, submit photographs in accordance with Section 01380. 1.09 PROJECT RECORD DOCUMENTS A. Submit Project Record Documents in accordance with Section 01720 - Project Record Documents. 1.10 DESIGN MIXES A. When specified in Specifications, submit design mixes for review. B. Contractor's Certification as described in paragraph 1.02C, shall be placed on front page of each design mix. Section 01300 — Submittals 01300-4 07/04 Page 4 of 5 SECTION 01300 SUBMITTALS C. Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D. Maintain a copy of approved design mixes at mixing plant. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01300 —Submittals 01300-5 07/04 Page 5 of 5 [This page intentionally left blank] 61*A01011Ell BI:Zr1 CONSTRUCTION PHOTOGRAPHS AND VIDEOS PART GENERAL 1.01 SECTION INCLUDES A. Requirements for construction photographs and video submittals. 1.02 UNIT PRICES A. No separate payment will be made for work under this section. Include the cost in the unit price of related work. 1.03 SUBMITTALS A. Submit one (1) copy of photographs and/or videos to the Engineer. PART PRODUCTS 2.01 PRECONSTRUCTION PHOTOGRAPHS AND VIDEOS A. Prior to the commencement of any construction, take photographs and/or videos which adequately and completely show the project area. 2.02 POST CONSTRUCTION PHOTOGRAPHS AND VIDEOS A. On completion of construction, provide photographs and/or videos of the entire project site including any public or private property which has been repaired or restored and any damage which is the subject of complaints. PART EXECUTION -Not Used END OF SECTION Section 01380 — Construction Photographs and Videos 01380-1 07104 Page 1 of 1 [This page intentionally left blank] SECTION 01410 PART GENERAL 1.01 SECTION INCLUDES TESTING LABORATORY SERVICES A. Testing Laboratory Services and Contractor responsibilities related to those services. 1.02 SELECTION AND PAYMENT A. Owner will employ and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Specification sections. B. Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C. Contractor shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. 1.03 LABORATORY REPORTS A. The Engineer will receive three copies, and the Contractor will receive two copies of laboratory reports from the testing laboratory. One of the Contractor's copies shall remain at site field office for duration of project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory, to the Contractor and Engineer. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A. Notify Engineer, and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Consultant if specification section requires the presence of the Consultant. B. Cooperate with laboratory personnel in collecting samples to be tested or collected on site. C. Provide access to the Work and to manufacturer's facilities. D. Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E. Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F. Arrange with laboratory and pay for 1. All failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor beyond specified requirements. Section 01410 —Testing Laboratory Services 01410-1 10106 Page 1 of 2 6-.]*40 Mk,Ell HM PART PRODUCTS - Not Used PART EXECUTION 3.01 CONDUCTING TESTING TESTING LABORATORY SERVICES A. Laboratory sampling and testing shall conform to ASTM D3740 and ASTM E329, plus other test standards specified in individual Specification sections. B. The frequency or number of tests specified in individual sections may be decreased at the discretion of the Engineer. END OF SECTION Section 01410 — Testing Laboratory Services 01410-2 10/06 Page 2 of 2 SECTION 01420 INSPECTION SERVICES PART GENERAL 1.01 SECTION INCLUDES A. Inspection services and references. 1.02 INSPECTION A. The Owner may appoint an Inspector to perform inspections, tests, and other services specified in individual specification Sections. B. Alternately, the Engineer may appoint, employ, and pay an independent firm to provide additional inspection or construction management services. C. Reports will be submitted by the independent firm to Engineer, Consultant, and Owner, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Assist and cooperate with the Inspector; furnish samples of materials, design mix, equipment, tools, and storage. E. Notify Engineer 24 hours prior to expected time for operations requiring services. Notify Consultant and independent firm when noted. F. Sign and acknowledge report for Inspector. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01420 — Inspection Services 01420-1 10106 Page 1 of 1 [This page intentionally left blank] SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART GENERAL 1.01 SECTION INCLUDES A. Temporary facilities and the necessary controls for the project including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, environmental controls, disposal of trash, debris, and excavated material, pest and rodent control, water runoff and erosion control. 1.02 CONTRACTOR'S RESPONSIBILITY A. The facilities and controls specified in this section are considered minimum for the Project. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B. Comply with applicable requirements specified in other sections of the Specifications. 1. Maintain and operate temporary facilities and systems to assure continuous service. 2. Modify and extend systems as Work progress requires. 3. Completely remove temporary materials and equipment when their use is no longer required. 4. Restore existing facilities used for temporary services to specified or to original condition as specified by the Engineer. 1.03 TEMPORARY UTILITIES A. Obtaining Temporary Service. 1. Make arrangements with utility service companies for temporary services. 2. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. 3. Be responsible for utility service costs until the Work is substantially complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. B. Water. 1. Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 2. For water to be drawn from public fire hydrants, obtain special permit or license from the proper officials. Install backflow preventor on fire hydrant supply. 3. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C. Electricity and Lighting. 1. Provide electric power service as required for the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor. 2. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. 3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot-candles for stairs and shops. D. Temporary Heat and Ventilation. 1. Provide temporary heat as necessary for protection or completion of the Work. 2. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. Section 01500 - Temporary Facilities and Controls 01500-1 10/06 Page 1 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS E. Telephone. 1. Provide emergency telephone service at the Contractor's field office, or by mobile telephone, for use by Contractor personnel and others performing work or furnishing services at the site. Sanitary Facilities. 1. Provide and maintain sanitary facilities for persons on the job site; comply with the regulations of State and local departments of health. 2. Enforce the use of sanitary facilities by construction personnel at the job site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. 3. Locate toilets near the Work site and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 1.04 FIELD OFFICE A. Provision of a field office is not required. If the Contractor chooses to provide one, locate it in a place approved by the Engineer. 1.05 STORAGE OF MATERIALS A. Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. B. Storage of materials not susceptible to weather damage may be on blocks off the ground. C. Store materials in a neat and orderly manner. Place materials and equipment to permit easy access for identification, inspection and inventory. 1.06 SAFETY REQUIREMENTS A. Submit and follow a safety program. Include in the safety program documented response to trench safety requirements as specified in Section 01526 - Trench Safety System. B. Conduct operations in strict accord with applicable Federal, State and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Project. C. Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in 29 CFR Part 1926 and adopted by Secretary of Labor as occupational safety and health standards under the Williams -Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D. Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the job site under this Contract, and after such investigation or Section 01500 —Temporary Facilities and Controls 01500-2 10/06 Page 2 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within 10 days of occurrence. E. Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidences of contamination, immediate take appropriate steps to seal off entry of contaminated liquids to the Work area. F. Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the specifications and shown on the Drawings are obligations of the Contractor. G. Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.07 FIRST AID EQUIPMENT A. Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B. Have at least one person thoroughly trained in first aid procedures present on the site whenever Work is in progress. 1.08 FIRE PROTECTION A. Fire Protection Standards. 1. Conform to specified fire protection and prevention requirements as well as those which may be established by Federal. State, or local governmental agencies. 2. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. 3. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. 4. Locate portable fire extinguishers within 50 feet maximum from any point in the Project area. B. Fire Prevention and Safety Measures. 1. Prohibit smoking in hazardous areas. Post suitable warning signs in areas which are continuously or intermittently hazardous. 2. Use metal safety containers for storage and handling of flammable and combustible liquids. 3. Do not store flammable or combustible liquids in or near stairways or exits. 4. Maintain clear exits from all points within a structure. 1.09 SECURITY MEASURES A. Protect all Work materials, equipment, and property from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B. If existing fencing or barriers are breached or removed for purposes of construction. Provide and maintain temporary security fencing equal to existing. Section 01500 —Temporary Facilities and Controls 01500-3 10/06 Page 3 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.10 PROTECTION OF PUBLIC UTILITIES A. Prevent damage to existing public utilities during construction. These utilities are shown on the Drawings at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.11 PROTECTION OF THE WORK AND PROPERTY A. Preventive Actions. 1. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. 2. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials which are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Project site safe and orderly. e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3. Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, privately -owned land except on easements provided for construction. 4. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B. Barricades and Warning Signals. 1. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01570 - Traffic Control and Regulation. C. Tree and Plant Protection. 1. Protect trees and plants as shown on plans. D. Protection of Existing Structures. 1. Underground Structures: a. Underground structures are defined to include, but not be limited to, sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. b. Known underground structures, including water, sewer, electric, and telephone services are shown on the Drawings in accordance with the best information avail- able, but is not guaranteed to be correct or complete. Section 01500—Temporary Facilities and Controls 01500-4 10/06 Page 4 of 7 SECTION 01600 TEMPORARY FACILITIES AND CONTROLS c. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. d. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. e. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in the General Conditions. 2. Surface Structures: a. Surface structures are defined as existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 3. Protection of Underground and Surface Structures: a. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. b. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. c. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of five working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operation reach and uncover the utility. d. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. E. Protection of Installed Products. 1. Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of Work. 2. Control traffic to prevent damage to equipment, materials, and surfaces. 1.12 ROADS AND PARKING A. Prevent interference with traffic and Owner operations on existing roads. B. Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking. Locate as approved by Engineer. Section 01500 — Temporary Facilities and Controls 01500-5 10106 Page 5 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS C. Minimize use by construction traffic of existing streets and driveways. D. Do not allow heavy vehicles or construction equipment in existing parking areas. 1.13 ENVIRONMENTAL CONTROLS A. Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B. Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91-190, Executive Order 11514. C. Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Particularly avoid pollution of "on -site" streams, sewers, wells, or other water sources. D. Burning of rubbish, debris or waste materials is not permitted. 1.14 POLLUTION CONTROL A. Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B. Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. C. Take special measures to prevent harmful substances from entering public waters. Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to streams, or in sanitary or storm sewers. D. Provide systems for control of atmospheric pollutants. 1. Prevent toxic concentrations of chemicals. 2. Prevent harmful dispersal of pollutants into the atmosphere. E. Use equipment during construction that conforms to current Federal, State, and local laws and regulations. 1.15 PEST AND RODENT CONTROL A. Provide rodent and pest control as necessary to prevent infestation of construction or storage areas. B. Employ methods and use materials which will not adversely affect conditions at the site or on adjoining properties. 1.16 NOISE CONTROL A. Provide vehicles, equipment, and construction activities that reduce noise to the greatest degree practicable. Noise levels shall conform to the latest OSHA standards and City Ordinances and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B. Conduct construction operations during daylight hours except as approved by Engineer. Section 01500—Temporary Facilities and Controls 01500-6 10/06 Page 6 of 7 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.17 DUST CONTROL A. Control objectionable dust caused by operation of vehicles and equipment. Apply water or use other methods, subject to approval of the Engineer, which will control the amount of dust generated. 1.18 WATER RUNOFF AND EROSION CONTROL A. Provide methods to control surface water, runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the site, or adjoining properties. B. Control fill, grading and ditching to direct water away from excavations, pits, and other construction areas; and to direct drainage to proper runoff courses so as to prevent any erosion, sedimentation or damage. C. Provide, operate, and maintain equipment and facilities of adequate size to control surface water. D. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or to adjoining areas and in conformance with environmental requirements. E. Retain existing drainage patterns external to the construction site by constructing temporary earth berms, sedimentation basins, retaining areas, and temporary ground cover as needed to control conditions. F. Plan and execute construction and earthwork by methods to control surface drainage from cuts and fills, and from borrow and waste disposal areas, to prevent erosion and sedimentation. 1. Keep to a minimum the area of bare soil exposed atone time. 2. Provide temporary control measures, such as berms, dikes, and drains. G. Construct fills and waste areas by selective placement to eliminate surface silts or clays which will erode. H. Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01500 —Temporary Facilities and Controls 01500-7 10/06 Page 7 of 7 [This page intentionally left blank] SECTION 01505 MOBILIZATION PART GENERAL 1.01 SECTION INCLUDES A. Mobilization of construction equipment and facilities onto the site. 1.02 UNIT PRICES A. Measurement for mobilization is on a lump sum basis. B. Mobilization payments will be included in monthly payment estimates upon written application by Contractor subject to the following provisions: Authorization for payment of the contract price for mobilization, up to an amount equal to 5% of the total Contract Price, will be made upon the mobilization of personnel, construction equipment, and facilities onto the site and the receipt and approval by Engineer of the following items, as applicable: a. Schedule of values, if required by Section 01010 b. Trench Safety Program c. Construction Schedule d. Pre -construction Photographs 2. Authorization for payment of the contract price for mobilization in excess of 5% of the total Contract Price, if any, will be made on a proration based on the percentage completed of Work throughout the remainder of the project. C. Mobilization payments will be subject to retainage amounts stipulated in the General Conditions. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01505 — Mobilization 01505-1 02/09 Page 1 of 1 [This page intentionally left blank] SECTION 01511 PART GENERAL 1.01 SECTION INCLUDES DIVERSION PUMPING A. Diversion pumping for the flow of wastewater around the section of sections of pipe designated for rehabilitation or replacement, including active services. The Work covered by this item consists of furnishing all labor, supervision, tools, equipment, appliances and materials to perform all operations in connection with pumping of wastewater and wet weather flows around pipe segment(s). The purpose of diversion pumping is to prevent sewage overflows and provide reliable sewer service to the users of the sanitary sewer at all times. The Contractor shall maintain sewage flow in the construction area in order to prevent back-up and/or overflow into upstream pipe segments and laterals, adjacent ditches, storm sewers and waterways. 1.02 UNIT PRICES A. No separate payment will be made for Diversion Pumping. The work performed and materials furnished as prescribed by this item shall be subsidiary to associated items such as, but not limited to: 1. Pipe Costs 2. Cured in Place Pipe Methods 3. Cleaning and Televising of Sanitary Sewers 4. Point Repairs/Obstruction Removal 5. Pipe Bursting/Crushing of Sanitary Sewers 1.03 DEFINITIONS A. Diversion pumping is the installation and operation of bulkheads, plugs, hoses, piping and pumps to maintain wastewater flow and prevent backup and overflow. Diversion pumping provides continuous sewer service to the users of the sanitary sewer system while maintenance or construction operations are in progress by diverting flow when necessary around the construction location and pumping it to a downstream manhole. 1.04 CONTRACTOR'S RESPONSIBILITY A. It is the sole responsibility of the CONTRACTOR to locate and identify all existing sewer lines and services and to provide any and all labor, material equipment, techniques and methods to diversion pump as necessary for his construction methods and to monitor the effectiveness of this installed system and its effect on adjacent facilities. B. Operate, maintain and modify the system(s) as required to conform to this specification. Upon completion to the Construction, CONTRACTOR shall remove the system(s). C. Assume sole responsibility for diversion pumping systems and for all loss or damage resulting from partial or complete failure of protective measures and any spills or resultant damage caused by his operation. 1.05 SUBMITTALS A. Submit data in accordance with Section 01300 —Submittals. 2013 01511-1 Page 1 of 4 SECTION 01511 DIVERSION PUMPING B. The Contractor will be required to provide a written plan/sketch for implementation and sequencing of diversion pumping for review and approval of the Engineer prior to installation of the diversion system. The plan shall include sufficient detail to show the location, number and size of pumps, the number, location, size and type of hoses and/or rigid piping and the location of the downstream discharge. Show any special features where pipes or hoses cross roadways, such as temporary trenches, support bridges, etc. A plan for each line segment(s) around which flows are being diverted is required. The plan shall include but not limited to details of the following: 1. Contact information for general contractor/submitting entity shall include the company name, contact person (24 hrs/day), phone number(s) and fax number. 2. Staging areas for pumps including a schematic showing the arrangement and layout of the pumping and diverting facilities at various stages in the work. 3. Sewer plugging method and types of plugs. 4. Length, size, material, location and method of installation of suction piping (if required). 5. Length, size, material, location, method of installation and location of discharge piping. 6. Pump manufacturer, model, sizes, capacity and number of each size to be on site and power requirements. 7. Calculations of static lift, friction losses and flow velocity, (pump curves showing pump operation range shall be submitted). 8. Standby power generator size, location (if required). 9. Downstream discharge plan. 10. Method of protecting discharge manholes or structures from erosion and damage. 11. Thrust and restraint block sizes and locations. 12. Sections showing suction and discharge pipe depth, embedment, select fill and special backfill. 13. Method of noise control for each pump and/or generator. 14. Any temporary pipe supports and anchoring required. 15. Schedule for installation of and maintenance of diversion pumping lines. PART PRODUCTS 2.01 MATERIALS A. The pump and diversion pumping lines shall be of adequate capacity and size to handle the peak flow conditions. All piping, joints and accessories shall be designed to withstand at least twice the maximum system pressure, or a minimum of 50 psi, whichever is greater. B. Internal and or external diversion pumping operations shall use 100% leak proof pipe such as yellow mine of HDPE with positive, restrained joints. Discharge hose will only be allowed in short sections and by specific permission from the engineer. 2013 01511-2 Page 2 of 4 SECTION 01511 DIVERSION PUMPING C. All pumps shall be fully automatic and solids handling, self -priming or submersible pumps in good working order with a working pressure gauge on the discharge. Self -priming pumps shall not require the use of foot -valves or vacuum pumps in the priming system. All pumps used must be constructed to allow dry running for long periods of time to accommodate the cyclical nature of effluent flows. The Contractor shall provide the necessary stop/start controls for each pump. A back-up pump of the same capacity as the primary pump shall be maintained on site at all times to be used in the event that the primary pump fails. No wastewater shall be allowed to drain or stand in earthen sump pits. D. The Contractor shall be required to demonstrate that the pumping system is in good working order and is sufficiently sized to successfully handle flows by performing a test run for a period of 24 hours prior to beginning the Work. E. The Contractor shall be required to have all materials, equipment and labor necessary to complete the repair or replacement on the job site prior to isolating the wastewater manhole or line segment and beginning diversion -pumping operations. PART EXECUTION 3.01 GENERAL A. Maintain sewage flow to prevent back up or overflow onto streets, yards and unpaved areas or into buildings, adjacent ditches, storm sewers and waterways. Do not divert sewage outside of the sanitary sewer system. The Contractor shall take all necessary steps to prevent flooding of public or private property. Maintaining flow inside the existing pipe during rehabilitation operations is preferred. B. Any time the diversion pump(s) are operating, an experienced operator shall be on site to monitor the operations: adjust pump speed, valves, etc.; maintain and make minor repairs to the system; and report problems. C. Where work requires diverting beyond working hours, the Contractor shall operate diversion pumping and man the system for twenty-four (24) hours per day. D. Contractor shall ensure that no damage will be caused to private property as a result of diversion pumping operations. Access to adjacent properties shall be maintained at all times. Ramps, steel plates or other methods shall be employed by the Contractor to facilitate traffic over surface piping. High traffic commercial properties may require alternate methods. E. Contractor shall complete the Work as quickly as possible and satisfactorily pass all tests, inspections and repair all deficiencies prior to discontinuing diversion pumping operations and returning flow to the sewer manhole or line segment. F. During diversion pumping, do not allow sewage to be leaked, dumped or spilled in or onto any area outside of the existing sanitary sewer system. G. In the event of accidental spill of overflow, immediately stop the discharge and take action to clean up and disinfect the spill. Promptly notify the Owner so that required reporting can be made to the Texas Commission on Environmental Quality (TCEQ) by the Owner. H. In the event of accidental spill of overflow, the Contractor is responsible for any damages that may have occurred to public or private property including cleaning, disinfection and other corrections to the satisfaction of the Engineer at no cost to the Owner. I. Contractor shall not intentionally damage, alter or remove portions of the existing sewer system structures for the purpose of installing a diversion pumping system without specific 2013 01511-3 Page 3 of 4 SECTION 01511 DIVERSION PUMPING approval from the Engineer or Inspector. If a structure is damaged, it shall be reconstructed or replaced to the satisfaction of the Engineer at no additional cost to the Owner. J. The Contractor shall be responsible for any and all damage that results directly or indirectly from the interference of storm water runoff to diverting equipment, piping and/or appurtenances. K. When diversion pumping operations are complete, piping shall be drained into the sanitary sewer prior to disassembly and all pumps and lines shall be flushed with clean water until all discharge is clear. 3.02 SCHEDULING A. The Contractor shall report any diversion pumping activities not included in the submitted plan to the Engineer prior to proceeding with these activities. B. The Contractor shall cease diversion pumping operations when directed by the Engineer. C. The Contractor shall perform leakage and pressure tests of the diversion pumping discharge piping using clean water prior to actual operation. The Engineer will be given 24 hours notice prior to testing. 1:1019Z0799x"11107,1 2013 01511-4 Page 4 of 4 SECTION 01526 Y111V=1MH:b9e1y=11 11i PART GENERAL 1.01 SECTION INCLUDES A. Trench safety system for the construction of trench excavations. B. Trench safety system for structural excavations which fall under provisions of State and Federal trench safety laws. 1.02 UNIT PRICES A. Measurement for trench safety systems used on trench excavations is on a linear foot basis measured along the centerline of the trench, including manholes and other line structures. No separate measurement will be made of shoring systems used by the Contractor for protection unless identified as Special Shoring on the Drawings. Shoring, other than Special shoring, will be included in the trench safety system measurements. B. Measurement for Special Shoring system installations shown on the Drawings and included in the Unit Price Bid for trench excavations, is on a square foot basis. C. No payment will be made for trench safety systems for structural excavations under this section. Include payment for trench safety system in applicable structure installation sections. D. Refer to Section 01025 -Measurement and Payment for unit price procedures. 1.03 DEFINITIONS A. A trench is defined as a narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. B. The trench safety system requirements apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and the installation to dimensions equivalent to a trench as defined. C. Trench Safety Systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems, sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. 1. Protective Systems: A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. 2. Shoring System: A structure that supports the sides of an excavation and which is designed to prevent cave-ins, or to prevent movements of the ground affecting adjacent installations or improvements. 3. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Drawings. 1.04 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 - Submittals. B. Submit a safety program specifically for the construction of trench excavation. Design the trench safety program to be in accordance with OSHA 29CFR standards governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Drawings. Section 01526—Trench Safety System 01526-1 10/06 Page 1 of 3 SECTION 01526 TRENCH SAFETY SYSTEM C. Have construction and shop drawings for trench safety systems sealed as required by OSHA by a licensed Professional Engineer retained and paid by the Contractor. D. Review of the safety program by the Engineer will only be in regard to compliance with the Contract Documents and will not constitute approval by the Engineer nor relieve Contractor of obligations under State and Federal trench safety laws. 1.05 REGULATORY REQUIREMENTS A. Install and maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring, Federal Occupation Safety and Health Administration (OSHA) Standards, 29CFR, Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol. 54, No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these specifications by reference include Sections 1926-650 through 1926- 652. B. A reproduction of the OSHA standards included in "Subpart P - Excavations" from the Federal Register Vol. 54, No. 209 is available upon request to Contractors bidding on Owner's projects. The Owner assumes no responsibility for the accuracy of the reproduction. The Contractor is responsible -for obtaining a copy of this section of the Federal Register. C. Legislation that has been enacted by the Texas Legislature with regard to Trench Safety Systems, is hereby incorporated, by reference, into these specifications. Refer to Texas Health and Safety Code Ann., §756.021 (Vernon 1991). D. Reference materials, if developed for a specific project, will be issued with the Bid Documents, including the following: 1. Geotechnical information obtained for use in design of the trench safety system. 2. Special Shoring Requirements. 1.06 Indemnification A. Contractor shall indemnify and hold harmless the Engineer, Owner, its employees, and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B. Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections, failures to issue stop work orders, and the hiring of the Contractor. PART PRODUCTS - Not Used PART EXECUTION 3.01 INSTALLATION A. Install and maintain trench safety systems in accordance with provisions of OSHA 29CFR. B. Install specially designed trench safety systems in accordance with the Contractor's trench excavation safety program for the locations and conditions identified in the program. Install Special Shoring at the locations shown on the Drawings. C. Obtain verification from a competent person, as identified in the Contractor's trench excavation safety program, that trench boxes and other premanufactured systems are Section 01526 — Trench Safety System 01526-2 10/06 Page 2 of 3 SECTION 01526 INN=1.[H.I&f_\J=kvii certified for the actual installation conditions. tc�Ip�1�69�xNIN7�l A. Conduct daily inspections by Contractor or Contractor's independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA 29CFR and other personnel protection regulations requirements. B. If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel. C. Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL A. Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the project. END OF SECTION Section 01526—Trench Safety System 01526-3 10/06 Page 3 of 3 [This page intentionally left blank] SECTION 01535 PART GENERAL 1.01 SECTION INCLUDES A. Tree and plant protection. 1.02 PROJECT CONDITIONS TREE AND PLANT PROTECTION A. Preserve and protect existing trees and plants to remain from foliage, branch, trunk, or root damage that could result from construction operations. B. Prevent following types of damage: 1. Compaction of root zone by foot or vehicular traffic, or material storage. 2. Trunk damage from equipment operations, material storage, or from nailing or bolting. 3. Trunk and branch damage caused by ropes or guy wires. 4. Root poisoning from spilled solvents, gasoline, paint, and other noxious materials. 5. Branch damage due to improper pruning or trimming. 6. Damage from lack of water due to: a. Cutting or altering natural water migration patterns near root zones. b. Failure to provide adequate watering. 7. Damage from alteration of soil pH factor caused by depositing lime, concrete, plaster, or other base materials near roots. 8. Cutting of roots larger than 1-1/2 inches in diameter. 1.03 DAMAGE ASSESSMENT A. When trees other than those designated for removal are destroyed or badly damaged as a result of construction operations, remove and replace with same size, species, and variety up to and including 8 inches in trunk diameter. Tree larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contract amount will be reduced by an amount determined from the following International Shade Tree Conference formula: 0.7854 x DZ x $10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above grade. PART PRODUCTS 2.01 MATERIALS A. Asphalt paint: Emulsified asphalt or other adhesive, elastic, antiseptic coating formulated for horticultural use on cut or injured plant tissue, free from kerosene and coal creosote. B. Burlap: Suitable for use as tree wrapping. C. Fertilizer: Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5 percent potash. D. All necessary tree replacements shall be as approved by Engineer. PART EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A. Except for trees and shrubs shown on Drawings to be removed, all trees and shrubs within the project area are to remain and be protected from damage. B. For trees to be removed, as designated on the Drawings, perform the following: Section 01535 — Tree and Plant Protection 01535-1 01/02 Page 1 of 3 SECTION 01535 TREE AND PLANT PROTECTION 1. Stake right-of-way limits and identify any tree of diameter greater than 4 inches which is to be removed. Mark trees prior to felling with an X in orange paint, clearly visible, on the trunk, and at eye level. 2. After marking trees give a minimum of 48-hours notice in writing to the Engineer of intent to begin felling operations. 3. Trees whose trunks are only partially in the right-of-way shall be protected and preserved as described below. C. For trees or shrubs to remain, perform the following: 1. Trim trees and shrubs only as necessary. a. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper form and branching habit. b. Cut limbs at branch collar. No stubs should remain on trees. Branch cuts should not gouge outer layer of tree structure or trunk. 2. Use extreme care to prevent excessive damage to root systems. a. Roots in construction areas will be cut smoothly with a trencher before excavation begins. Do not allow ripping of roots with a backhoe or other equipment. b. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. c. Cover exposed roots with soil as soon as possible. 3. Prevent damage or compaction of root zone (area below dripline) by construction activities. a. Do not allow scarring of trunks or limbs by equipment or other means. b. Do not store construction materials, vehicles, or excavated material under dripline of trees. c. Do not pour liquid materials under dripline. 4. Water and fertilize trees and shrubs that will remain to maintain their health during construction period. a. Supplemental watering of landscaping during construction should be done once every 7 days in cold months and once every 4 days in hotter months. b. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. 5. Water areas currently being served by private sprinkler systems while systems are temporarily taken out of service to maintain health of existing landscapes. 6. At option of the Contractor and with the Engineer's permission, trees and shrubs to remain may be temporarily transplanted and returned to original positions under supervision of professional horticulturist. 3.02 PROTECTION A. Protection of Trees or Shrubs in Open Area: 1. Install steel drive-in fence posts in protective circle, approximately 8 feet on center, not closer than 4 feet to trunk of trees or stems of shrubs. 2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet minimum above ground. 3. Mount steel hog -wire on fence posts. 4. For trees or shrubs in paved areas, mount concrete -filled steel pipe 2-1/2 inches in diameter minimum in rubber auto tires filled with concrete (movable posts). B. Timber Wrap Protection for Trees in Close Proximity of Moving or Mechanical Equipment and Construction Work: 1. Wrap trunk with layer of burlap. 2. Install 2 x 4's or 2 x 6's (5-foot to 6-foot lengths) vertically, spaced 3 inches to 5 inches apart around circumference of tree trunk. 3. Tie in place with 12 to 9 gage steel wire. Section 01535 —Tree and Plant Protection 01535-2 01/02 Page 2 of 3 SECTION 01535 TREE AND PLANT PROTECTION 3.03 MAINTENANCE OF NEWLY PLANTED TREES A. Water trees during dry periods. B. The Contractor guarantees that trees planted for this Project shall remain alive and healthy at least until the end of a one-year warranty period. 1. Within four weeks of notice from Owner, Contractor shall replace, at his expense, any dead trees or any trees that in the opinion of Owner, have become unhealthy or unsightly or have lost their natural shape as a result of additional growth, improper pruning or maintenance, or weather conditions. 2. When tree must be replaced, the guarantee period for that tree shall begin on date of replacement of tree, subject to the Owner's inspection, for no less than one year. 3. Straighten leaning trees and bear entire cost. 4. Dispose of trees rejected at any time by Engineer at Contractor's expense. END OF SECTION Section 01535 — Tree and Plant Protection 01535-3 01/02 Page 3 of 3 [This page intentionally left blank] SECTION 01560 STORM WATER POLLUTION PREVENTION I1�1:�it�7��1�:7•U 1.01 SUMMARY This section covers the minimum requirements and responsibilities of the Contractor (Operator) for storm water pollution prevention. 1.02 MEASUREMENT AND PAYMENT The cost for performing the storm water pollution prevention requirements set forth herein shall be included in related items of work or as otherwise shown on the Bid Form. 1.03 REFERENCES The applicable regulations of the following agencies shall apply as if written here in their entirety: TCEQ Texas Commission on Environmental Quality EPA Environmental Protection Agency 1.04 SYSTEM DESCRIPTION The Contractor shall take all necessary measures to prevent storm water pollution and comply with the applicable requirements of the controlling regulatory agencies as required for the project and any other requirements set forth herein. 1.05 DEFINITIONS For the purposes of the Texas Pollutant Discharge Elimination System (TPDES) general permit, the Contractor is hereby defined as the Operator having operational control over construction plans and specifications necessary to meet the requirements of the permit and having day to day operational control of those activities at this construction site which are necessary to ensure compliance with the permit. 1.06 SUBMITTALS The Contractor shall submit to Engineer three (3) copies of a Storm Water Pollution Prevention Plan (SWP3) when a SWP3 is required for the project. The Contractor shall also submit three (3) copies of all required supporting documents including, but not limited to, a Notice of Intent (NOI) and a Notice of Termination (NOT) for Storm Water Discharges Associated with Construction Activity under the Texas Pollutant Discharge Elimination System. 1.07 PROJECT/SITE CONDITIONS Contractor shall develop and implement a storm water pollution prevention plan based on the actual conditions encountered on the project and shall implement the plan and any other requirements in accordance with all applicable laws and regulations. Contractor shall be responsible for determining the area (acres) that will be disturbed to prosecute the work required for the project and take the appropriate actions as outlined in this section based on the disturbed area as described in subsequent paragraphs of this specification. Section 01560 — Storm Water Pollution Prevention 01560-1 06/06 Page 1 of 3 SECTION 01560 STORM WATER POLLUTION PREVENTION PART2 PRODUCTS 2.01 MATERIALS AND/OR EQUIPMENT For a project where a SWP3 is required to be prepared and implemented by the Contractor, all methods, materials and equipment used to prevent storm water pollution shall be the sole responsibility of the Contractor. Typical drawings and notes may be shown on the plans and/or in this specification and may include locations or types of typical structural controls such as silt fencing, sedimentation basins, straw bales, rock berms, and other methods for preventing storm water pollution prevention. The typical drawings and notes that may be shown shall be considered as methods that may be selected for use by the Contractor. Nothing shown on drawings or described in the specifications for this project relieves the Contractor from sole responsibility for preventing storm water pollution in accordance with the applicable laws and regulations. Alternate or additional methods, materials and equipment may be developed and used by Contractor to prevent storm water pollution. Any alternate or additional methods, materials and equipment shall be detailed in the SWP3 that is to be prepared by the Contractor and submitted to the Engineer. PART 3 EXECUTION 3.01 STORM WATER POLLUTION PREVENTION REQUIREMENTS Contractor has the sole responsibility for preventing storm water pollution and following all applicable city, state and federal regulations in preventing storm water pollution. The Contractor is hereby designated as the "Operator' of the construction site and has sole responsibility for determining the area that will be disturbed to prosecute the work. The following paragraphs provide a general description of the requirements for obtaining authorization to discharge storm water under a Texas Pollutant Discharge Elimination System (TPDES) permit based on the size of the project: A. Large Projects. Large projects are those projects that disturb five (5) acres or more. The Contractor (Operator) shall comply with the following: 1. Obtain a copy of the most recent version of the TCEQ Construction General Permit and comply with all requirements set forth therein. 2. Develop and implement a Storm Water Pollution Prevention Plan (SWP3). 3. Complete and submit a Notice of Intent (NOI) to the TCEQ using the appropriate TCEQ form and instructions. 4. When applicable, provide notification to the operator of any Municipal Separate Storm Sewer System (MS4) when storm water from the project site will be discharging into the MS4. 5. Submit a Notice of Termination (NOT) to the TCEQ using the appropriate TCEQ form and instructions once the project site has reached final stabilization. 6. Pay all fees that may be associated with complying with the requirements for a Large Project including application fees and annual fees. B. Small Projects. Small projects are those projects that disturb one (1) or more acres, but less than five (5) acres. The Contractor (Operator) shall comply with the following: Section 01560 — Storm Water Pollution Prevention 01560-2 06108 Page 2 of 3 SECTION 01560 STORM WATER POLLUTION PREVENTION 1. Obtain a copy of the most recent version of the TCEQ Construction General Permit and comply with all requirements set forth therein. 2. Develop and implement a Storm Water Pollution Prevention Plan (SWP3). 3. Complete and post a site notice using the appropriate TCEQ form. 4. When applicable, provide notification to the operator of any Municipal Separate Storm Sewer System (MS4) when storm water will be discharging into the MS4. C. Projects With A Larger Common Plan of Development. Contractor (Operator) shall comply with the Large Project requirements listed in Paragraph 3.01.A of this specification on those projects that will disturb one (1) or more acres, but less than five (5) acres, and are part of larger common plan of development that will disturb five (5) or more acres. 3.02 CLEAN-UP Once the site is permanently stabilized, remove and dispose of all temporary erosion control devices unless otherwise directed by Engineer. END OF SECTION Section 01560 — Storm Water Pollution Prevention 01560-3 06/08 Page 3 of 3 [This page intentionally left blank] SECTION 01563 CONTROL OF GROUND WATER AND SURFACE WATER PART GENERAL 1.01 SECTION INCLUDES A. Dewatering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition. B. Protecting work against surface runoff and rising flood waters. C. Disposing of removed water. 1.02 METHOD OF PAYMENT A. No separate payment will be made for control of ground water and surface water. Include the cost to control ground water and surface water in unit price for work requiring such controls. 1.03 DEFINITIONS A. Ground water control includes both dewatering and depressurization of water -bearing soil layers. 1. Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. 2. Depressurization includes reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. B. Excavation drainage includes keeping excavations free of surface and seepage water. C. Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water. D. Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. 1.04 PERFORMANCE REQUIREMENTS A. Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B. Design a ground water control system, compatible with requirements of Federal Regulations 29 CFR Part 1926 and Section 01526 - Trench Safety System, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. Section 01563 — Control of Ground Water and Surface Water 01563-1 10/06 Page 1 of 6 SECTION 01663 CONTROL OF GROUND WATER AND SURFACE WATER C. Ground water control systems may include single -stage or multiple -stage well point systems, eductor and ejector -type systems, deep wells, or combinations of these equipment types. D. Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E. Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F. Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. G. Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H. Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. I. Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J. Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.05 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 - Submittals. B. Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any fieldwork. The Plan shall be signed by a Professional Engineer registered in the State of Texas. Submit a plan to include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement, location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations. 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. Section 01563 — Control of Ground Water and Surface Water 01563-2 10106 Page 2 of 6 SECTION 01563 CONTROL OF GROUND WATER AND SURFACE WATER 8. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C. Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 2. Installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow rates. D. Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to Paragraph 3.02, Requirements for Eductor, Well Points, or Deep Wells. 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. E. Submit the following records at end of work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for Contractor's monitoring and use. 1.06 ENVIRONMENTAL REQUIREMENTS A. Comply with requirements of agencies having jurisdiction. B. Comply with Texas Commission on Environmental Quality regulations and Texas Water Well Drillers Association for development, drilling, and abandonment of wells used in dewatering system. C. Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. D. Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. PART PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. Equipment and materials are at the option of Contractor as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review of the Engineer through submittals required in Paragraph 1.05, Submittals. B. Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C. All equipment must be in good repair and operating order. D. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. Section 01563 — Control of Ground Water and Surface Water 01563-3 10106 Page 3 of 6 SECTION 01563 PART EXECUTION 3.01 GROUND WATER CONTROL CONTROL OF GROUND WATER AND SURFACE WATER A. Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the waterbearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan (See Paragraph 1.056.1). B. Provide labor, material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C. Install, operate, and maintain ground water control systems in accordance with the Ground Water and Surface Water Control Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D. Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E. Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F. Where hydrostatic pressures in confined water -bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Ground Water and Surface Water Control Plan. G. Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H. During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. I. Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement -sand grout when pipe is removed from service. J. Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K. Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L. Compact backfill to not less than 95 percent of the maximum dry density in accordance with ASTM D698. Section 01563—Control of Ground Water and Surface Water 01563-4 10/06 Page 4 of 6 SECTION 01563 CONTROL OF GROUND WATER AND SURFACE WATER 3.02 REQUIREMENTS FOR EDUCTOR, WELL POINTS OR DEEP WELLS A. For aboveground piping in ground water control system, include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B. Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C. Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D. Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the ground water control plan are satisfied. E. Replace installations that produce noticeable amounts of sediments after development. F. Provide additional ground water control installations, or change the methods, in the event that the installations according to the ground water control plan does not provide satisfactory results based on the performance criteria defined by the plan and by the specification. Submit a revised plan according to Paragraph 1.05B. 3.03 EXCAVATION DRAINAGE A. Contractor may use excavation drainage methods if necessary to achieve well -drained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 3.04 MAINTENANCE AND OBSERVATION A. Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good condition. B. Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C. Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D. Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A. Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. Section 01563—Control of Ground Water and Surface Water 01563-5 10106 Page 5 of 6 SECTION 01663 CONTROL OF GROUND WATER AND SURFACE WATER B. Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 SURFACE WATER CONTROL A. Intercept surface water and divert it away from excavations through use of dikes, ditches, curb walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B. Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. END OF SECTION Section 01563 — Control of Ground Water and Surface Water 01563-6 10106 Page 6 of 6 41*$30PL`Ell l•1�r1 WASTE MATERIAL DISPOSAL PART GENERAL 1.01 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.02 UNIT PRICES A. No separate payment will be made for waste material disposal under this Section. Include payment in unit price for related sections. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 - Submittals. B. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C. Submit a copy of written permission from property owner, along with description of property, prior to disposal of excess material adjacent to the Project. Submit a written and signed release from property owner upon completion of disposal work. PART PRODUCTS - Not Used PART EXECUTION 3.01 SALVAGEABLE MATERIAL A. Excavated material: When indicated on Drawings, load, haul, and deposit excavated material at a location or locations shown on Drawings outside the limits of Project. B. Base, surface, and bedding material: Deliver shell, gravel, bituminous, or other base and surfacing material designated for salvage to the location designated by the Engineer. C. Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D. Other salvageable materials: Conform to requirements of individual Specification Sections. E. Coordinate delivery of salvageable material with Engineer. 3.02 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the job site and legally disposed of. B. Excess soil may be deposited on private property adjacent to the Project when written permission is obtained from property owner. See Paragraph 1.03C above. C. Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the City or County 100-year Flood Hazard Area. D. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION Section 01564—Waste Material Disposal 01564-1 10/06 Page 1 of 1 [This page intentionally left blank] SECTION 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION PART GENERAL 1.01 SECTION INCLUDES A. Description of erosion and sediment control and other control -related practices which shall be utilized during construction activities. 1.02 UNIT PRICES A. Unless indicated in the Unit Price Bid as a pay item, no separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay items of which this work is a component. PART PRODUCTS - Not Used PART EXECUTION 3.01 PREPARATION AND INSTALLATION A. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than site work specifically directed by the Engineer to allow soil testing and surveying. B. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. C. The Contractor shall be responsible for collecting, storing, hauling, and disposing of spoil, silt, and waste materials as specified in this or other Specifications and in compliance with applicable federal, state, and local rules and regulations. D. Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Drawings and this Specification. E. The Contractor shall install, maintain, and inspect erosion and sediment control measures and practices as specified in the Drawings and in this or other Specifications. 3.02 TOPSOIL PLACEMENT FOR EROSION AND SEDIMENT CONTROL SYSTEMS A. When topsoil is specified as a component of another Specification, the Contractor shall conduct erosion control practices described in this Specification during topsoil placement operations. 1. When placing topsoil, maintain erosion and sediment control systems, such as swales, grade stabilization structures, berms, dikes, silt fences, and sediment basins. 2. Maintain grades which have been previously established on areas to receive topsoil. 3. After the areas to receive topsoil have been brought to grade, and immediately prior to dumping and spreading the topsoil, loosen the subgrade by discing or by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to the subsoil. 3.03 DUST CONTROL A. Implement dust control methods to control dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on -site and off -site damage, to prevent health hazards, and to improve traffic safety. Section 01566 — Source Controls for Erosion and Sedimentation 01566-1 01/02 Page 1 of 3 SECTION 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION B. Control blowing dust by using one or more of the following methods: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 5. Barriers using solid board fences, burlap fences, crate walls, bales of hay, or similar materials. C. Implement dust control methods immediately whenever dust can be observed blowing on the project site. 3.04 KEEPING STREETS CLEAN A. Keep streets clean of construction debris and mud carried by construction vehicles and equipment. If necessary to keep the streets clean, install stabilized construction exits at construction, staging, storage, and disposal areas. A vehicle/equipment wash area (stabilized with coarse aggregate) may be installed adjacent to the stabilized construction exit, as needed. Release wash water into a drainage swale or inlet protected by erosion and sediment control measures. Construction exit and wash areas are specified in Section 01569 - Stabilized Construction Exit. B. In lieu of or in addition to stabilized construction exits, shovel or sweep the pavement to the extent necessary to keep the street clean. Waterhosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.05 EQUIPMENT MAINTENANCE AND REPAIR A. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. Locate such areas so that oils, gasoline, grease, solvents, and other potential pollutants cannot be washed directly into receiving streams or storm water conveyance systems. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. Clean and inspect maintenance areas daily. B. On a construction site where designated equipment maintenance areas are not feasible, take precautions during each individual repair or maintenance operation to prevent potential pollutants from washing into streams or conveyance systems. Provide temporary waste disposal receptacles. 3.06 WASTE COLLECTION AND DISPOSAL A. Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the construction site. In plan, designate locations for trash and waste receptacles and establish a collection schedule. Methods for ultimate disposal of waste shall be specified and carried out in accordance with applicable local, state, and federal health and safety regulations. Make special provisions for the collection and disposal of liquid wastes and toxic or hazardous materials. B. Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day-to-day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff. 3.07 WASHING AREAS A. Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Designate special areas for washing vehicles. Locate these Section 01566 —Source Controls for Erosion and Sedimentation 01566-2 01/02 Page 2 of 3 SECTION 01566 SOURCE CONTROLS EROSION AND SEDIMENTATION areas where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. Beneath wash areas construct a gravel or rock base to minimize mud production. 3.08 STORAGE OF CONSTRUCTION MATERIALS AND CHEMICALS A. Isolate sites where chemicals, cements, solvents, paints, or other potential water pollutants are stored in areas where they will not cause runoff pollution. B. Store toxic chemicals and materials, such as pesticides, paints, and acids in accordance with manufacturers' guidelines. Protect groundwater resources from leaching by placing a plastic mat, packed clay, tarpaper, or other impervious materials on any areas where toxic liquids are to be opened and stored. 3.09 DEMOLITION AREAS A. Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other toxic pollutants shall use dust control techniques to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or toxic pollutants shall be retained on the site and shall not be allowed to run directly into watercourses or storm water conveyance systems. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.10 SANITARY FACILITIES A. Provide the construction sites with adequate portable toilets for workers in accordance with Section 01500 - Temporary Facilities and Controls, and applicable health regulations. 3.11 PESTICIDES A. Use and store pesticides during construction in accordance with manufacturers' guidelines and with local, state, and federal regulations. Avoid overuse of pesticides which could produce contaminated runoff. Take great care to prevent accidental spillage. Never wash pesticide containers in or near flowing streams or storm water conveyance systems. 1401Wei a9lot 1NP1 Section 01566—Source Controls for Erosion and Sedimentation 01566-3 01102 Page 3 of 3 [This page intentionally left blank] SECTION 01667 PART GENERAL 1.01 SECTION INCLUDES FILTER FABRIC FENCE A. Installation of erosion and sediment control filter fabric fences used during construction and until final development of the site. The purpose of filter fabric fences is to contain pollutants from overland flow. Filter fabric fences are not for use in channelized flow areas. 1.02 UNIT PRICES A. Filter fabric fence will be measured by the linear foot of completed and accepted filter fabric fence between the limits of the beginning and ending of wooden stakes. Filter fabric fence, measured as stated, will be paid for at the unit price bid for Filter Fabric Fence, complete -in - place. B. Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place, including, but not limited to protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. 1.03 SUBMITTALS A. Manufacturer's catalog sheets and other product data on geotextile fabric. PART PRODUCTS 2.01 FILTER FABRIC A. Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B. Geotextile fabric shall have a grab strength of 100 psi in any principal direction (ASTM D- 4632), Mullen burst strength exceeding 200 psi (ASTM D-3786), and the equivalent opening size between 50 and 140. C. Filter fabric material shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. PART EXECUTION 3.01 PREPARATION AND INSTALLATION A. Provide erosion and sediment control systems at the locations shown on Drawings. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Drawings and specified in this Section. B. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than site work specifically directed by the Engineer to allow soil testing and surveying. C. Regularly inspect and repair or replace damaged components of filter fabric fences as specified in this Section. Unless otherwise directed, maintain the erosion and sediment control systems until the project area stabilization is accepted by the Owner. Remove Section 01567 — Filter Fabric Fence 01567-1 01102 Page 1 of 2 SECTION 01567 FABRIC FENCE erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials off site. D. Remove sediment deposits and dispose of them at the designated spoil site for the project. If a project spoil site is not designated on the Drawings, dispose of sediment off site at a location not in or adjacent to a stream or floodplain. Off -site disposal is the responsibility of the Contractor. Sediment to be placed at the project site should be spread evenly throughout the site, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. E. Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566-Source Controls for Erosion and Sedimentation. 3.02 CONSTRUCTION METHODS A. Provide filter fabric fence systems in accordance with the Drawing detail for Filter Fabric Fences. Filter fabric fences shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B. Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory preassembled with support netting, then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. C. Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Drawings. Lay filter fabric along the edges of the trench. Backfill and compact trench. D. Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natural ground. E. Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. F. Inspect sediment filter barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the fence or 6 inches, whichever is less. END OF SECTION Section 01567 — Filter Fabric Fence 01567-2 01/02 Page 2 of 2 SECTION 01568 PART GENERAL 1.01 SECTION INCLUDES REINFORCED FILTER FABRIC BARRIER A. Installation of reinforced filter fabric barriers for erosion and sediment control used during construction and until the final development of the site. Reinforced filter fabric barriers are used to retain sedimentation in channelized flow areas. 1.02 UNIT PRICES A. Filter fabric barrier will be measured by the linear foot of completed and accepted filter fabric barrier between the limits of the beginning and ending fence posts. Filter fabric barrier, measured as stated, will be paid for at the unit price bid for Reinforced Filter Fabric Barrier, complete -in -place. B. Payment for filter fabric barrier will include and be full compensation for all labor, equipment, materials, supervision, and incidental expenses for construction of these items, complete in place, including, but not limited to protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. 1.03 SUBMITTALS A. Manufacturer's catalog sheets and other product data on geotextile fabrics. PART PRODUCTS 2.01 FILTER FABRIC A. Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B. Geotextile fabric shall have a minimum grab strength of 100 psi in any principal direction (ASTM D4632), Mullen burst strength exceeding 200 psi (ASTM D-3786), and the equivalent opening size between 50 and 140. C. Filter fabric material shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. 2.02 FENCING A. Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a maximum mesh spacing of 6 inches. PART EXECUTION 3.01 PREPARATION AND INSTALLATION A. Provide erosion and sediment control systems at the locations shown on the Drawings. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Drawings and specified in this Section. B. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than as specifically directed by the Engineer to allow soil testing and surveying. Section 01568 — Reinforced Filter Fabric Barrier 01568-1 01/02 Page 1 of 2 1-9=10d107ki Ell Fi61 REINFORCED FILTER FABRIC BARRIER C. Regularly inspect and repair or replace damaged components of the reinforced filter fabric barrier as specified in this Section. Unless otherwise directed, maintain the erosion and sediment control systems until the project area stabilization is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials off site. D. Remove sediment deposits and dispose of them at the designated spoil site for the project. If a project spoil site is not designated on the Drawings, dispose of sediment off site at a location not in or adjacent to a stream or floodplain. Off -site disposal is the responsibility of the Contractor. Sediment to be placed at the project site should be spread evenly throughout the site, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. E. Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 - Source Controls for Erosion and Sedimentation. 3.02 CONSTRUCTION METHODS A. Provide filter fabric barriers in accordance with the Drawing detail for Reinforced Filter Fabric Barrier. Filter fabric barrier systems shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B. Attach the woven wire support to 2-inch by 2-inch wooden stakes spaced a maximum of 6 feet apart and embedded a minimum of 8 inches. Install wooden stakes at a slight angle toward the source of the anticipated runoff. C. Trench in the toe of the filter fabric barrier with a spade or mechanical trencher as shown on the Drawings. Lay filter fabric along the edges of the trench. Backf ill and compact trench. D. Securely fasten the filter fabric material to the woven wire with tie wires. E. Reinforced filter fabric barrier shall have a height of 18 inches. F. Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. G. Inspect the reinforced filter fabric barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the barrier or 6 inches, whichever is less. END OF SECTION Section 01568 — Reinforced Filter Fabric Barrier 01568-2 01102 Page 2 of 2 !-yx09101Ito] (•�*; PART GENERAL 1.01 SECTION INCLUDES STABILIZED CONSTRUCTION EXIT A. Installation of erosion and sediment control for stabilized construction exits used during construction and until final development of the site. 1.02 UNIT PRICES A. Unless indicated in the Unit Price Bid as a pay item, no separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay items for which this work is a component. 1.03 SUBMITTALS A. Manufacturer's catalog sheets and other product data on geotextile fabric. B. Sieve analysis of aggregates conforming to requirements of this Specification. PART PRODUCTS 2.01 GEOTEXTILE FABRIC A. Provide woven or nonwoven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B. Geotextile fabric shall have a minimum grab strength of 270 psi in any principal direction (ASTM D-4632), and the equivalent opening size between 50 and 140. C. Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0°F to 120°F. 2.02 COARSE AGGREGATES A. Coarse aggregate shall consist of crushed stone, gravel, crushed blast furnace slag, or a combination of these materials. Aggregate shall be composed of clean, hard, durable materials free from adherent coatings, salt, alkali, dirt, clay, loam, shale, soft or flaky materials, or organic and injurious matter. B. Coarse aggregates shall conform to the following gradation requirements. Sieve Size (Souare Mesh) 2-1/2" 2" 1-1/2" 3/4" No. 4 PART EXECUTION Percent Retained (By Weight) 0 0-20 15-50 60 - 80 95 — 100 3.01 PREPARATION AND INSTALLATION A. If necessary to keep the street clean of mud carried by construction vehicles and equipment, Contractor shall provide stabilized construction roads and exits at the construction, staging, Section 01569—Stabilized Construction Exit 01569-1 01/02 Page 1 of 3 SECTION 01569 STABILIZED CONSTRUCTION EXIT parking, storage, and disposal areas. Such erosion and sediment controls shall be constructed in accordance with the requirements shown on the Drawings and specified in this Section. B. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than as specifically directed by the Engineer to allow soil testing and surveying. C. Maintain existing erosion and sediment control systems located within the project site until acceptance of the project or until directed by the Engineer to remove and discard the existing system. D. Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain the stabilized construction roads and exits until the project is accepted by the Owner. Remove stabilized construction roads and exits promptly when directed by the Engineer. Discard removed materials off site. Remove sediment deposits and dispose of them at the designated spoil site for the project. If a project spoil site is not designated on the Drawings, dispose of sediment off site at location not in or adjacent to a stream or floodplain. Off -site disposal is the responsibility of the Contractor. Sediment to be placed at the project site should be spread evenly throughout the site, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. F. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately. G. Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 - Source Controls for Erosion and Sedimentation. 3.02 CONSTRUCTION METHODS A. Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Drawings. B. Provide stabilized construction exits and truck washing areas, when approved by Engineer, of the sizes and locations where shown on Drawings or as specified in this Section. C. Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way. When washing is needed to remove sediment, Contractor shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D. Details for stabilized construction exit are shown on the Drawings. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of 14 days to minimize damage potential. E. Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags, gravel, boards, or similar methods to prevent sediment from entering public right-of-way, receiving stream or storm water conveyance system. Section 01569 — Stabilized Construction Exit 01569-2 01102 Page 2 of 3 SECTION 01569 STABILIZED CONSTRUCTION EXIT F. The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth. Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped, washed, or tracked onto public right-of-way shall be removed immediately. G. The length of the stabilized area shall be as shown on the Drawings, but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H. Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Drawings. I. Stabilized area may be widened or lengthened to accommodate truck -washing area when authorized by Engineer. J. Alternative methods of construction may be utilized when shown on Drawings, or when approved by the Engineer. These methods include the following: 1. Cement -Stabilized Soil - Compacted cement -stabilized soil or other fill material in an application thickness of at least 8 inches. 2. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge -to -edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats - Perforated mats placed across perpendicular support members. END OF SECTION Section 01569 — Stabilized Construction Exit 01569-3 01/02 Page 3 of 3 [This page intentionally left blank] SECTION 01670 PART GENERAL 1.01 SECTION INCLUDES TRAFFIC CONTROL AND REGULATION A. Requirements for signs, signals, control devices, flagmen, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. 1.02 SUBMITTALS A. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a traffic control plan in conformance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) for approval of the Engineer. B. Make submittals in accordance with Section 01300 -Submittals. 1.03 UNIT PRICES A. Traffic Control and Regulation. Measurement is on a lump sum basis for traffic control and regulation, including submittal of a traffic control plan if different from the plan shown on the Drawings, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the work and the public. The amount invoiced shall be determined based on the schedule of values submitted for traffic control and regulation. 1.04 FLAGMEN A. Use flagmen to control, regulate and direct the even flow or movement of vehicular or pedestrian traffic when construction operations encroach on public traffic lanes. PART PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Comply with Texas State Manual on Uniform Traffic Control Devices. B. Traffic Cones and Drums, Flares and Lights: As approved by local jurisdictions. PART EXECUTION 3.01 PUBLIC ROADS A. Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Notify the Engineer 48 hours prior to closing roadways. B. Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the traffic control plan. C. Contractor shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 , p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D. Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times, unless otherwise allowed on the Plans. Section 01570 — Traffic Control and Regulation 01570-1 01102 Page 1 of 3 SECTION 01570 TRAFFIC CONTROL AND REGULATION E. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. F. Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H. Prevent parking on or adjacent to access roads or in non -designated areas. 3.02 LIGHTS A. Provide lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A. Utilize haul routes designated by authorities or shown on the Drawings for construction traffic. B. Confine construction traffic to designated haul routes and applicable provisions of the City's Ordinances. C. Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.04 TRAFFIC SIGNS AND SIGNALS A. Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A. Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. B. Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C. Install bridging to operate with minimum noise. D. Adequately shore the trench or excavation to support bridge and traffic E. Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F. Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. Section 01570 —Traffic Control and Regulation 01570-2 01/02 Page 2 of 3 SECTION 01570 3.06 REMOVAL TRAFFIC CONTROL AND REGULATION A. Remove equipment and devices when no longer required. B. Repair damage caused by installation. C. Remove post settings to a depth of 2 feet. END OF SECTION Section 01570 — Traffic Control and Regulation 01570-3 O1/02 Page 3 of 3 [This page intentionally left blank] SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS PART1 GENERAL 1.01 SECTION INCLUDES A. Options for making product or process selections B. Procedures for proposing equivalent construction products or processes, including preapproved, and approved products or processes 1.02 DEFINITIONS A. Product: Means materials, equipment, or systems incorporated into the Project. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re -use. B. Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.03 SELECTION OPTIONS A. Preapproved Products: Construction products of certain manufacturers or suppliers are designated in the Specifications as preapproved. Products of other manufacturers or suppliers will not be acceptable for this Project and will not be considered under the submittal process for approving alternate products. B. Approved Products: Construction products or processes of certain manufacturers or suppliers designated in the Specifications followed by the words "or approved equal." Approval of alternate products or processes not listed in the Specifications may be obtained by following the submittal procedures specified in Section 01300 - Submittals. The procedure for approval of alternate products is not applicable to preapproved products. C. Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 1.04 CONTRACTOR'S RESPONSIBILITY A. Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B. Pay for laboratory testing, as well as any other review or examination costs, needed to establish the equivalency between products in order to obtain information upon which the Engineer can base a decision. C. If the Engineer determines that an alternate product is not equal to that named in the Specifications, the Contractor shall furnish one of the specified products. 1.05 ENGINEER'S REVIEW A. Alternate products or processes may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B. Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. Section 01630 — Product Options and Substitutions 01630-1 01/02 Page 1 of 2 M=D& I Is] �GSFki1] PRODUCT OPTIONS AND SUBSTITUTIONS C. The Owner retains the right to accept any product or process deemed advantageous to the Owner, and similarly, to reject any product or process deemed not beneficial to the Owner. 1.06 SUBSTITUTION PROCEDURE A. Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the approved product specified. B. Submit a written request for a construction product to be considered as an alternate product. C. Submit the product information after the effective date of the Agreement and within the time period allowed for substitution submittals given in the General Conditions. After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D. Submit five copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents 2. For products: a. Product identification, including manufacturer's name and address b. Manufacturer's literature with product description, performance and test data, and reference standards c. Samples, as applicable d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 3. For construction methods: a. Detailed description of proposed method b. Drawings illustrating methods 4. Itemized comparison of proposed substitution with product or method specified 5. Data relating to changes in construction schedule 6. Relation to separate contracts, if any 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E. Approved alternate products will be subject to the same review process as the specified product would have been for shop drawings, product data, and samples. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01630 — Product Options and Substitutions 01630-2 01102 Page 2 of 2 SECTION 01700 PART GENERAL 1.01 SECTION INCLUDES CONTRACT CLOSEOUT A. Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. 1.02 CLOSEOUT PROCEDURES A. Comply with the General Conditions regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B. Provide Project Record Documents in accordance with Section 01720 — Project Record Documents, C. Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D. The Owner will occupy portions of the Work as specified in other Sections 1.03 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean debris from drainage systems. C. Clean site; sweep paved areas, rake clean landscaped surfaces. D. Remove waste and surplus materials, rubbish, and temporary construction facilities from the site following the final test of utilities and completion of the work. 1.04 OPERATION AND MAINTENANCE DATA A. Submit operations and maintenance data as noted in Section 01300 -Submittals. 1.05 WARRANTIES A. Provide one original of each warranty from Subcontractors, suppliers, and manufacturers. B. Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C. Submit warranties prior to final Application for Payment. D. Warranties shall commence in accordance with the requirements in the General Conditions. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01700 —Contract Closeout 01700-1 03/03 Page 1 of 1 [This page intentionally left blank] SECTION 01720 PART GENERAL 1.01 SECTION INCLUDES PROJECT RECORD DOCUMENTS A. Maintenance and Submittal of Record Documents and Samples. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Maintain one record copy of documents at the site. B. Store Record Documents and samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and samples. C. Label each document "PROJECT RECORD" in neat, large, printed letters. D. Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E. Keep Record Documents and Samples available for inspection by Engineer 1.03 RECORDING A. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B. Contract Drawings and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Elevations of underground utilities referenced to benchmark utilized for project. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original contract drawings. 6. References to related shop drawings and Modifications. C. Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Engineer. 1.04 SUBMITTALS A. At contract closeout, deliver Project Record Documents to Engineer. PART PRODUCTS - Not Used PART EXECUTION - Not Used END OF SECTION Section 01720 — Project Record Documents 01720-1 03103 Page 1 of 1 [This page intentionally left blank] SECTION 02484 PART GENERAL 1.01 SECTION INCLUDES MARINE BULKHEADS A. Furnishing, treating, inspecting, handling, materials, and sitework for marine bulkheads. 1.02 UNIT PRICES A. Bulkhead: Measurement shall be on a linear foot basis along the centerline of the bulkhead. B. Excavation: Measurement shall be on a cubic yard basis. Excavation is calculated using the Average End Area method between pre -construction natural ground elevations and post construction ground elevations. Temporary excavations shall not be measured. C. Sand Backfill: Sand backfill used behind the bulkhead shall not be measured directly but shall be considered subsidiary to other bid items. D. Trench Safety: Measurement shall be on a linear foot basis along the centerline of the bulkhead. 1.03 SUBMITTALS A. The Contractor shall submit the following documentation to the Engineer prior to delivery of materials to the site: 1. Name, address and telephone number of the company(s) responsible for treatment of the timber. 2. Certification from the treatment company stating that the timber meets all requirements of the specifications; that the minimum grade is equal to or better than that specified; that the moisture content of the wood is in accordance with that specified; that the minimum retention of preservative is as specified; that any required secondary treatment including water repellant or polymer coating is as specified. The Owner may use an independent laboratory to perform additional testing on the material at any time during or after construction to ensure adherence to the specifications. 3. Technical data and manufacturer's recommendations on field application for the Copper Naphthenate preservative to be used for field treatment of all cut ends and drill holes. 4. Submit manufacturers product data sheet for vinyl sheeting. PART PRODUCTS 2.01 TREATED TIMBER A. PRESERVATIVE FOR PRESSURE TREATMENT 1. CCA - The preservative used for pressure treatment of pilings and timbers shall be Type C, Chromated Copper Arsenate (CCA) in accordance with AWPA Standard U1. The preservative shall be formulated using only the oxide forms of the chemicals. All wood products shall be pressure treated to conform to the requirements of AWPA Standard C1. 2. ACQ - The preservative used for pressure treatment of pilings and timbers shall be Type C2, Alkaline Copper Quaternary (ACQ) in accordance with AWPA Standard U1. All wood products shall be pressure treated to conform to the requirements of AWPA Standard T1. B. PILES Treated timber piles shall be southern pine, conforming to ASTM D25 and pressure impregnated with Chromated Copper Arsenate (CCA) in accordance with AWPA C3 and Section 02484 — Marine Bulkheads 02484-1 01/05 Page 1 of 4 SECTION 02484 AWPA C18 with a minimum retention as stated on the plans in pounds per cubic foot. Class A & B timber piles shall have the following minimum dimensions: Pile Diameter Diameter Designation 3' from Butt at tip Class A 14" 9" Class B 12" 8" When plans call for a specific butt or tip diameter, it shall be the minimum diameter measured at the extreme butt or tip. C. TREATED TIMBER Treated timber shall be southern pine and shall be graded in accordance with the Southern Pine Inspection Bureau (SPIB) Standard Grading Rules. The lumber grade shall not be less than that specified on the plans. Treated timber shall be pressure impregnated in accordance with AWPA C2. The preservative type and minimum retention of preservative shall not be less than that specified on the plans. Surfacing of the lumber shall be surface as specified on the plans. Rough sawn shall indicate that the lumber has not been dressed but has been sawed, edged and trimmed at least to the extent of showing saw marks on the four longitudinal surfaces of each piece the entire length. Dressed lumber shall be surfaced, planed or dressed by a planing machine on one side (S1S), two sides (S2S), one edge (S1E), two edges (S2E) or a combination of sides and edges (S1S1E, S1S2E, S2S1E or S4S). 2.02 VINYL SHEET PILING A. Vinyl sheet piling shall be manufactured with an interlocking feature that ensures adjacent panels maintain alignment. Sheeting shall be homogeneous, uniform in color, free from visible cracks and free from other injurious defects. The entire thickness of the sheeting shall be high impact and UV stabilized Vinyl Compound. Sheeting shall be as shown on the plans or approved "equal". The Engineer shall be the sole judge of "equal" products. 2.03 HARDWARE AND FASTENERS A. Hardware and fasteners shall be of the size and type specified in the plans. Lag screws, bolts, and nails shall conform to ASTM A307. When the plans call for fasteners to be Hot Dip Galvanized (HDG), they shall be coated with a minimum of 2.0 oz./sq.ft. of zinc coating in accordance with ASTM A153. When the plans call for fasteners to be Stainless Steel (SS), they shall be 316 Stainless. 2.04 SPLICE PLATES AND BRACKETS A. Splice plates and brackets shall be a minimum of A36 steel. When the plans call for Hot Dip Galvanized (HDG), the plates and brackets shall be cut, punched, welded, and drilled before they are coated with a minimum of 2.0 oz./sq.ft. of zinc coating. When the plans call for Stainless Steel (SS), they shall be 316 stainless. 2.05 SAND BACKFILL A. Select granular backfill material shall be reasonably clean bank sand from an approved source. Sand shall be free flowing, 100% passing the 1/4" sieve, free from large lumps of Section 02484 — Marine Bulkheads 02484-2 O1/05 Page 2 of 4 SECTION 02484 MARINE BULKHEADS clay, organic matter or other deleterious substance, and have a Plasticity Index (PI) less than 6 (TxDOT Tex-106-E). IJ�1:i���7xfl41[�7�I 3.01 HANDLING A. Treated timber shall be handled in accordance with AWPA M4 Standard for the Care of Preservative Treated Wood Products. Wood shall be stored and handled in a manner which does not injure the timber. When timbers must be cut to length, notched or drilled, the cut ends shall be treated with two applications of a 21.6% Copper Naphthenate solution. When called for on the plans, cut-off pilings shall be sealed with a coal -tar roofing cement meeting ASTM D4022. B. Upon delivery of materials to site, the Contractor shall visually inspect all materials for defects or damage. If serious defect or damage is detected, Contractor shall notify Engineer immediately. Contractor should not break open bundled materials until ready for immediate installation. 3.02 INSTALLATION A. Timber Piles: Timber piles shall be located as shown on the plans and shall be driven to the required tip elevation. Drilled pilot holes equal to the pile tip diameter or smaller may be used to facilitate driving. A protective pile cap shall be used to distribute the hammer blow and to protect the pile from damage. The Contractor shall obtain approval from the Engineer of the method used to mark and trim the pilings. After approval, piles shall be cut to plan elevation if required. The cut off end of the pile shall be treated with 2 liberal applications of a 21.6% solution of Copper Naphthenate. Anchor rod holes shall be drilled 1/8 inch larger than the outside anchor rod diameter and the interior surface of the hole shall be treated with 2 liberal applications of a 21.6% solution of Copper Naphthenate. B. Timber Wales: Timber wales shall be installed at the elevation shown on the plans. The minimum wale length shall be equal to 2 pile spacings except at angle points. All splices shall be staggered except at angle points. C. Vinyl Sheet Piling: Drive sheet piling (preferably in pairs) to required embedment depth and lag leading sheet to wale. Piles driven out of interlock with adjacent piles or otherwise damaged shall be removed and replaced by new piles at the Contractor's expense. 3.03 TOLERANCES A. Timber Piles: Top of pile elevation: Horizontal Alignment (Measured at point of attachment to top wale.): Center to center pile spacing: Maximum out of plumb: Top of Wale: Section 02484 — Marine Bulkheads 01/05 Plus or minus 1 inch Plus or minus 4 inches Plus or minus 6 inches 1 inch in 3 feet from vertical Plus or minus 1/2 inch from true elevation 02484-3 Page 3 of 4 SECTION 02484 C. Vinyl Sheet Piling: Parallel to plane of the wall: Perpendicular to plane of the wall: 3.04 EXCAVATION MARINE BULKHEADS Plus or minus 1/2 inch per foot out of plumb Less than 1/16 inch per foot "out" of plumb Less than 1 inch per foot "in" of plumb A. Excavate to lines and grades shown on the plans. Excavate and stockpile topsoil for areas to receive grass from areas to be further excavated. All excess excavated material shall be disposed of by the Contractor in the spoil disposal area on the plans or as approved by the Engineer. The area behind the wall shall be graded to provide a uniform appearance suitable for the placement of the final surfacing material. END OF SECTION Section 02484 — Marine Bulkheads 02484-4 01/05 Page 4 of 4 SECTION 02485 PART GENERAL 1.01 SECTION INCLUDES TREATED TIMBER STRUCTURES A. Furnishing, treating, inspecting, handling, and installation of treated timber required to complete the project. 1.02 UNIT PRICES A. Treated timber shall not be measured directly but shall be considered subsidiary to the other bid items listed in the proposal form. 1.03 SUBMITTALS A. The Contractor shall submit the following documentation to the Engineer prior to delivery of materials to the site: 1. Name, address and telephone number of the company(s) responsible for treatment of the timber. 2. Certification from the treatment company stating that the timber meets all requirements of the specifications; that the minimum grade is equal to or better than that specified; that the moisture content of the wood is in accordance with that specified; that the minimum retention of preservative is as specified; that any required secondary treatment including water repellent or polymer coating is as specified. The Owner may use an independent laboratory to perform additional testing on the material at any time during or after construction to ensure adherence to the specifications. 3. Technical data and manufacturer's recommendations on field application for the Copper Naphthenate preservative to be used for field treatment of all cut ends and drill holes. PART2 PRODUCTS 2.01 PRESERVATIVE FOR PRESSURE TREATMENT A. CCA — CCA preservative may only be used in applications requiring saltwater submersion. The preservative used for pressure treatment of pilings and timbers shall be Type C, Chromated Copper Arsenate (CCA) in accordance with AWPA Standard U1. The preservative shall be formulated using only the oxide forms of the chemicals. All wood products shall be pressure treated to conform to the requirements of AWPA Standard C1. B. MCA - The preservative used for pressure treatment of decking shall be Micronized Copper Azole (MCA) in accordance with AWPA Standard U1. All wood products shall be pressure treated to conform to the requirements of AWPA Standard T1. 2.02 TREATED TIMBER PILES A. Treated timber piles shall be southern pine, conforming to ASTM D25 and shall be pressure impregnated in accordance with AWPA C3 and AWPA C18. The preservative type and minimum retention of preservative shall not be less than that specified in the plans. Timber piles shall have the following minimum dimensions: ASTM D25—CLASS B PILING Minimum Butt Diameter (T from end) Minimum Tip Diameter Section 02485 - Treated Timber Structures 01/18 12" for pilings up to 45' long 13" for pilings 50' and longer 8" for pilings up to 35' long 7" for pilings between 40' and 70' long 02485-1 Page 1 of 3 61X01PL`[1Y3,1:1.1 TREATED TIMBER STRUCTURES 6" for pilings 75' and longer The minimum piling length shall not be less than that specified in the plans. 2.03 TREATED TIMBER A. Treated timber shall be southern pine and shall be graded in accordance with the Southern Pine Inspection Bureau (SPIB) Standard Grading Rules. The lumber grade shall not be less than that specified on the plans. Treated timber shall be pressure impregnated in accordance with AWPA C2. The preservative type and minimum retention of preservative shall not be less than that specified on the plans. Surfacing of the lumber shall be surface as specified on the plans. Rough sawn shall indicate that the lumber has not been dressed but has been sawed, edged and trimmed at least to the extent of showing saw marks on the four longitudinal surfaces of each piece the entire length. Dressed lumber shall be surfaced, planed or dressed by a planing machine on one side (S1S), two sides (S2S), one edge (S1E), two edges (S2E) or a combination of sides and edges (S1S1E, S1S2E, S2S1E or S4S). 2.04 WATER REPELLENT A. When called for by the plans or specifications, wood shall be pressure treated with a preservative -compatible water repellent so that treated wafers swell not more than 1% after five minutes of submersion when tested in accordance with AWPA's standard test method, E13-92. 2.05 FINAL MOISTURE CONTENT A. When the plans indicate that the timber shall be kiln dried after treatment (KDAT or KD19), it shall be dried to a moisture content of not more than 19%. 2.06 FIXATION OF CHEMICAL A. Treated material shall not be shipped from the treatment plant until fixation of the preservative has occurred in the wood. 2.07 POLYMER COATING A. When the plans indicate that the timber shall be polymer coated, the wood shall first be pressure treated and kiln dried as described above. The polymer coating shall be a high performance plural component polymer elastomer specifically formulated for the application on treated lumber. The coating system shall be based on amine -terminated polyether resins, amine chain, extenders and isocyanates. An acceptable coating is 21 POLYtm, as supplied by Northstar Vinyl Products, LLC. The physical properties of the polymer coating after 48 hours shall be: Color Dark Green Nominal Thickness 35-50 mil Elongation @ 25 deg C 50% ASTM D638 Tensile Strength 1500 psi ASTM D638 Tear Resistance 300 Ibs/in ASTM D624 Pull Off w/ 106 Elcometer (Adhesion) 300 psi ASTM D4541 Hardness -Shore D 40 ASTM D2240 Hardness -Shore A 80 ASTM D2240 Abrasion Resistance 150 mg/1000 rev, H-18 wheel ASTM D4060 Section 02485 — Treated Timber Structures 02485-2 01/18 Page 2 of 3 SECTION 02485 TREATED TIMBER STRUCTURES Adequate Polymer Field Patch Kits shall be supplied by polymer manufacturer for making repairs to cut ends and drill holes in the field. 2.08 HARDWARE AND FASTENERS A. Hardware and fasteners shall be of the size and type specified on the plans. Lag screws, bolts and nails shall conform to ASTM A307. When the plans call for fasteners to be Hot Dip Galvanized (HDG), they shall be coated with a minimum of 2.0 oz./sq.ft. of zinc coating in accordance with ASTM A153. When the plans call for fasteners to be Stainless Steel (SS), they shall be 316 Stainless. PART 3 EXECUTION 3.01 HANDLING A. Treated timber shall be handled in accordance with AWPA M4 Standard for the Care of Preservative Treated Wood Products. Wood shall be stored and handled in a manner which does not injure the timber. When timbers must be cut to length, notched or drilled, the cut ends shall be treated with two applications of a 2% Copper Naphthenate solution. When called for on the plans, cut-off pilings shall be sealed with a coal -tar roofing cement meeting ASTM D4022. 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Consider and take necessary action to allow the County Clerk to sign the proposed quote from Kofile for the digital imaging and indexing of an estimated 67,000 pages of Volumes 1 -71 of Official Public Records. (RHM) Pass Page 9 of 15 County Clerk Anna M Goodman County of Calhoun August 21, 2024 Honorable Richard Meyer Calhoun County judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear judge Meyer: Please place the following item on the Commissioners' Court Agenda for August 28, 2024. + Consider and take necessary action to allow the County Clerk to sign the proposed quote from Kofile for the digital imaging and indexing of an estimated 67,000 pages of Volumes I - 71 of Official Public Records. Sincerely, ; it ti /n (Juuf A41� ..- Anna M Goodman 211 Soutlt Ann Street, Suite 102, Port Lavaca, TX 77979 k Phone: 161-553-4416 * Email: alma; aodmant calhouucot" U:\AGoodman\AGMMA rrEMS\2024.082824.AGENr1A STEM.KORIgE QUOTE.docx Honorable Anna Goodman Calhoun County 'Clerk Critical Records Management Digitization of Deed Records SUBMITTED BY: Billy Gerwick Account Executive billy.gerwick@kofile.com (832) 373-9124 Opportunity No. P319954 6300 Cedar Springs Road, Dallas, TX 75235 p:214.442.6668 1 f:214.442.6669 info@kofile.com I www.Kofile.com Dear Honorable Anna Goodman, This proposal addresses Calhoun County Clerk's historical records and is presented by Kofile Technologies, Inc. (Kofile). Quoted services include imaging of deed records. Note that prices for the inventory herein are good for 90 days from the date of this proposal. ARCHIVAL DIGITIZATION Imaging a document and digitizing a collection creates an electronic representation of the original archival record. This process is not meant to replace the archival record, but to aid in its preservation. The image serves as a reference tool and is a back-up if the original is damaged or destroyed. Kofiie's services are unique because materials are addressed according to their conditions and fold endurances without blind, automatic scanner feeds. Technicians are trained to handle fragile and historical documents and use the best hardware and software available. Many projects involve re- work for collections already imaged or indexed by low -bid vendors. With Kofile, images are the highest quality and are free of distortion and loss of information due to image capture. Kofile always defaults to U.S. National Archives and Records Administration (NARA) technical guidelines for digitization. Upon request, Kofile stores an electronic security back up of all images in case of loss, damage, or destruction by fire or natural disaster. IMAGING OVERVIEW Operators observe each page during capture. For faint or illegible pages, the operator marks the Page, readjusts the scanner, and employs contrast tools. If unsuccessful, the operator indicates and inserts a review form far the quality assurance team to assess, The page is marked with a "Best Possible Image Indicator" or treated with further enhancements, Images are captured at 300 dpiat 255 bi-tonal or gray levels. This ensures the highest image quality for documents with poor contrast.and difficult -to -read information. Images accumulate as Group IV bi-tanal .images in a standard TIFF. Images are optimized and scaled for system output. IMAGE PROCESSING AND ENHANCEMENT IMAGE PERFECT PROIS Kofile's proprietary digital SLR -based software which utilizes proprietary algorithms, critical for capturing different densities and quality levels in a collection, to provide optimal quality and uniform images. IMAGE PERFECT PRO measures each image for cropping, rotating, deskewing, and tone correction. Kofile utilizes the Microsoft® SQL database as the underpinning for its production systems and IMAGE PERFECT PRO allows operators to interactively build and edit image processing scripts, which can be saved for batch processing. Progress tracking capabilities can identify exceptions enabling supervisors to quickly and efficiently correct problems. This software automatically defects and compensates for scanner variances delivering consistent, high -quality output. IMAGE PERFECT PRO enables repair of the currently displayed image without rescanning, which could compromise image integrity, and uses custom image clean-up and enhancements such as deskew, despeckle, character repair, and zonal processing to improve legibility, Kofile maintains 100% document Integrityand image control with exclusive image locking capabilities. The processing procedures will not allow for information from rescanned pages to cut and paste accidentally into the incorrect page. Calhoun County Clerk August 9, 2024 Digitization of Deed Records 0 Kofile, Inc. All rights reserved. 1 2 Quality Targets permit operators to view image quality at scan. Images, even those scanned on different devices, are "normalized." This software measures image quality and propagates this data through the imaging chain. Quality Targets serve as the foundation for quality assurance analysis. Quality Targets (pictured herein) establish the baseline digital capture qualify of the scanner during scanning. Therefore, Kofile can measure the digit¢ation physics at the time of capture. IMAGE PERFECT PRO measures each image at a minimum for. • Target dpi • Target Tone scale &. correction a Color Management Brfghtness!Contrast Correction A Gamma Adjusfinenf White Balancing Page Orientation Exposure uniformity Color reproduction data If applicable to the project, Kofile performs negative Photostat polarity reversal (so that all characters are black on a positive background). The document certification strip (file strip) is inverted to match the polarity of the final image. If requested, annotations are supported to allow the addition of Name, Book Type, Volume, and Page on the image. image quality metadato is captured as part of the image header along with a secured digital signature that certifies the fidelity and integrity of every image scanned. Calhoun County Clerk August 9, 2024 Digliization of Deed Records 0 Kofile, Inc. All rights reserved. 1 3 Quality Control (QC) Our Quality Control (Qc) process ensures that all images are certified. Each image Is sight checked during QC. Kofile technicians ensure there are no missing pages, double feeds, or added attached pages. Then every processed image is inspected, and finally, a digital inventory check is conducted before delivery. Calhoun County Clerk can receive an image log noting the steps employed. Advanced Equipment Kofile can scan mixed -sized and large -format documents. Kofile employs a range of scanners to tailor imaging services to the document that requires imaging. All of scanners employ page detection to adjust for varying sizes of paper and, more importantly, thicknesses to reduce "pull-throughs" on thin papers following thick bond. Fragile documents are imaged by hand and not fed through an automated Document feeder. Koflle's technicians are trained to handle fragile documents. Calhoun County Clerk August 9, 2024 Digitization of Deed Records 0 Koflie, Inc. All rights reserved. 1 4 SCOPE OF SERVICES General treatments and services are outlined in the following. Services are tailored to the needs of the specific item. Image —Archival Image Capture, Image Processing, Clean Up, &Enhancements (IM) • Capture images at 300 dpi of 256 gray levels, ensuring the highest quality for poor contrast and legibility. Gray -scale ensures optimum resolution for each page. • Maps will be captured at a minimum of 300 dpi. Full color, gray scale and black and white will bee determined with each document type/book. • Images accumulate as bi-tonat images in a Group IV TIFF format, PDF, or Format to load to a record keeping system. • IMAGE PERFECT, K:ofile's proprietary software, ensures the optimum image quality with custom image clean up and enhancements such as deskew, despeckle, character repair, polarity reversal, and zonal processing. • Crop excess blank space around image. This may involve manual cropping to ensure best quality image. • Images are named (fagged for the directory file structural by book, volume, and page. Case files are named by case number. Plats are named by cabinet and slide. n Images are grouped (stapled) together to form documents. Cases are grouped and indexed to form documents by case number. • It applicable. images are optimized and scaled for system output. • When multiple documents (Deeds, Birth Record, etc.( exist on a single page, images ace split so that each document is viewable individually. In file case of vitals,this sepaice incurs additional charges. Amendments are stapled to the appropriate Certificate and indexed in place of the original Certificate. • SilTCHING: If identified, images receive stitching where necessory, such as entries that horizontally span the length of more than one page. • Calhoun County Clerk receives a MASTER in a medium suitable to the projeet size: (e_g., SFTP, USB)_ • Kofile can hold d security copy of all images for safekeeping. Calhoun County Clerk August 9, 2024 Digifization of Deed Records 0 Kofile, Inc. All rights reserved. 1 5 PROJECT PRICING This project is presented via TXMAS Contract No. TXMAS-23-92001. Please reference this number on the P.O. Without a signed agreement, prices are good for 90 days. All pricing is based on estimated page counts and condition. Final billing occurs on actual page counts and condition per mutually agreed upon pricing; not to exceed the P.O. without written authorization. Official Public Records cus I tnra 71 71 $48,880.80 - PURCHASING VIA TXMAS Please reference Contract No, TXMAS-23-92001 directly on the P.O. Kofile can prepare a 'Shopping Cart' in TXSmart3uy so Calhoun County Clerk can complete this purchase. This proposal shall be governed by the terms of use found at hitast//kofile.com/term sand con diti Billing Terms: Pay 50% uparr inventory pick-up withthe a balance due upon pro[act compteffolL CUSTOMER ACCEPTANCE KLE ACCEPTANCE JS/if: Signature of Authorized Official Print Rome of Authorized Official, Title of Authorized Official Gate Signature at Auttiorizeet,0ff iciol / _Dick SurdykoWsk,, jr Print Rome of Authorized aff€c(at GRO Title of Authac€zed Ufftlat 8/8/24 Date — ACCESSIBILITY OF RECORDS Records held at Kofile are maintained as private and confidential material. Calhoun County Clerk is Calhoun County Cleric August 9, 2024 Digitization of Deed Records 0 Kofile, Inc. All rights reserved. 1 6 guaranteed access to records via email or toll -free fax at our expense. Upon receipt of a records request, Kofile will flag the requested record and verify inventory control, pull supporting paperwork, and email/fax a response to the approved requester or alternate. The turnaround time for a records request will meet or exceed requirements. Please note that all records (including volumes, documents, digital images, metadata or microfilm) serviced by Kofile shall remain the property of Calhoun County Clerk. This policy applies to any agreement, verbal or written, between Calhoun County Clerk and Kofile. The records are not used by Kofile other than in connection with providing the services pursuant to any agreement between Kofile and Calhoun County Clerk. The records are not commercially exploited by or on behalf of Kofile, its employees, officers, agents, invitees or assigns, in any respect. Please let me know if you have any questions. We look forward to serving Calhoun County Clerk and to working together for the preservation and access of its public and historical assets. Sincerely, Billy Lerwick Bing, �6ta " c: j832) 373-9124 e: billy.gerwick@kofile.com Igs Calhoun County Clerk _ August 9, 2024 Digitization of Deed Records 0 Kofile, Inc, All rights reserved. 1 7 #13 NOTICE OF MEETING - 8/28/2024 13. Consider and take necessary action to award the contract to the most responsible and responsive bidder of Fun Abounds, Inc. and to negotiate profit and achieve a final contract price not to exceed to bid proposal of $733,795.95 for Bid No. 2024.08 - Infrastructure at Little Chocolate Bayou County Park Playground Improvements Phase 2 for Calhoun County, Texas — Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1. (DEH) Scott Mason explained the process of choosing a bidder. Court awarded contract to Fun Abounds, Inc. RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 10 of 15 G&WENGINEERS, INC. 206 W. Live Oak • Port Lavaca, TX 77979 • p: (361)552-4509 • f: (361)552-4987 TBPE Firm Registration No. F04188 July 31, 2024 Honorable Richard H. Meyer, County Judge Calhoun County Courthouse 211 S. Ann St., Yd Floor, Suite 301 Port Lavaca, TX 77979 RE: LETTER OF RECOMMENDATION Bid No. 2024.08 — Infrastructure at Little Chocolate Bayou County Park Playground Improvement Phase 2 Project - GLO Contract No. 20-065-064-C182 for Calhoun Co., Tx Dear Honorable Judge & County Commissioners, Bids for construction of the above referenced project were received at the County Judge's office until 2:00 p.m., Tuesday, July 2, 2024, at which time Bids were publicly opened and read aloud. The enclosed Bid Opening Table and Bid Itemized Table indicate there were a total of four (4) responsive bidders submitting bids and one (1) non -responsive bidder. A detailed and thorough analysis of the responsive bids was performed by G&W Engineers, Inc. and KSBR, LLC on behalf of the County. We only analyzed documents as submitted. Special attention and analysis were given to review the bids based on the following parameters: • Responsive and Responsible proposals • Best Value (Cost Analysis of Amenities, Playground Size, Capacity) • Accessibility and Inclusive Items • Use of minority and women owned businesses (if certification included in submittal) • Percentages of Contract to be used towards the actual playground equipment as compared to costs towards ancillary items Therefore, after careful analysis, we recommend that the Construction Contract be awarded to Fun Abounds, Inc. This bidder proved to be the most responsible and responsive bid by offering over 65% of their costs towards the playground equipment. They also included the greatest number of requested amenity items. They plan to use minority/women owned firms. Overall, Fun Abounds represents the greatest value to the County. If the County concurs with this recommendation, and upon your direction, we will prepare a Construction Contract package immediately and deliver it to Fun Abounds, Inc. We also recommend the County consider 2 CFR 200.324 (b) and authorize the Judge to negotiate to achieve a fair and Engineering Consulting - Planning 0 Surveying G&WENGINEERS,INC. 206 W. Live Oak • Port Lavaca, TX 77979 • p: (361)662-4609 • f: (361)662-4987 TBPE Firm Registration No. F04188 reasonable profit when determining the final contract price. The contract price will not exceed the analyzed bid cost price of $733,975.75 Please call me @ (361) 552-4509 if you have any questions. Sincerely, Scott P. Mason, P.E. G & W Engineers, Inc. Enclosures: Bid Opening & Bid Analysis and Bid Itemized Tables cc: Katy Sellers, KSBR-LLC file 5310.011e Engineering Architecture Planning Surveying m mza J m N A 41 N _ZP1011 yy - p y c o 3 z c Sap m�H A =A„ m �A �^$ i S dm da N'mu am2EEF n mm ag,x i m a£ N 6 5;z 3 A FL oa�O 4 mw y HH VJ N N H H H H z � �t � s y 3Ma O H m _ H p 33 g m O N N 9a� N q- bm iz_.. YNI J p A t0 4mi > O Ili O N U N 0 O O VI O O 2 y �p O 2 Y J A A nY N m a 3 L m p v G C N N + m m N 0 b _v N H O q N �q m in O A OHI � o o o a o m o �^ . �. ai m o 'o a O io O O m O N O O O i z y H H H 'AyO J Z ; r O o N O O N O 0 o o o u u mo a m 3 y N N H H A N AOmI \NI N a O O O O N ONE N N N O O 2 b ffi IF ao 3^ Ea, 3 gm fp: 3 yg 6 K:. • W e a 3 o V dyy 2 < 3va $e s a 3 a' a < 3 s K s a= a; as kF F 3 � ' a { 8 a CD Z o 3 d Vi 0 G & W Engineers, Inc. BID OPENING TABLE Date: duly 2, 2024 205 W. Live Oak Time: 2:00 p.m. Port Lavaca, TX 77979 Bid No. 2024.08 — Infrastructure at Little Chocolate Bayou County Park Playground Improvement Phase 2 Project -GLO Contract No. 20-065-064-C182 for Calhoun County, Texas Bidders Bid Bond Acknowledges Addendum No. 1 Acknowledges Addendum No. 2 Calendar Da y s Total Base Bid Kraftsman, LP dba Kraftsman Commercial Playgrounds and Water Parks Yes Yes Yes No Days Written $698,860.69 Playground Solutions of Texas, Inc. Yes Yes Yes 100 Written Amt. $699,935.13 Actual Amt. $699,885.63 The Playwell Group Non -Responsive Bid Park Place Recreation Designs Yes Yes Yes 150 $699.653.50 fun abounds, Inc. - Payton Palmer -Newton Yes Yes Yes 150 $733.795.95 Page 1 5310.011a m m m N e - a; m3 oA'a a a m c N :F�sk m 8^ Ym y 2 ,uu a B�2 'ncQ A um w3 n i3 4N ^ e $off Sul um Fan 3 mu .Ti w aao„ �a a 2-2 p.m oa.�a^ s a NE S4�c $ ffi o m o A.Pry Aa m Y o N 62 N o = �^ c a q p 4 µ m SSo G p IT—1 o G C o ° s L He N #14 NOTICE OF MEETING - 8/28/2024 14. Discuss and take necessary action to allow Vern Lyssy to sign for an aerobic septic system service contract for Precinct 2 with Silverback Septic Solutions. (VLL) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 11 of 15 Vern L 9 Calhoun County Commissioner, Precinct #2 5812 FM 1090 Port Lavaca, TX 77979 August 13, 2024 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Meyer: (361) 552-9656 Fax (361) 553-6664 Please place the following item on the next Commissioners' Court Agenda • Discuss and take necessary action to allow Vern Lyssy to sign for an aerobic septic system service contract for Precinct 2 with Silverback Septic Solutions. Sincerely, Vern Lyssy VLllj Silverback Septic Solutions tiro BOX 7s1 it Campo, TX 77437 Date Printed: 9/23/2024 ,To: Calhoun County FaCr 2 Selz FM logo Phone: (979) 2754515 www.silverbackseptic.com info@silverbackseptie.com Customer 10: 1069 Site: 5812 FM 1090, Pt. Lavaca, TX 77979 Area: 6 County: Calhoun Pt. Lavaca, TX 77979 Mgln bium. (361)552-9656 tast Emailed: 9/26/2019 Email: Lesa.lumktacalhouncotx:org Contract with: Silverback septic Solutions Contract Period .permit #: 2007.80 TrOMment Type: / Disposal 10/21/2024 _ Agency: Victoria County Public Health Department MFG: /amnd: Nayadic/Sp: duougA Disl3visits per Year •end everya months nfectant ,. 10[21/2025 Dear Customer, This Letter is. to inform you that your SERVICE contract for your aerobic septic system is dueto expire on theabove date. Please sign and return your contract to Silverback Septic Solutions with your payment due 30 days prior to the above date. A completed contract will be 'sent to the authorizing agency. The renewed contract Is due to the authorizing agency thirty days prior to the expiration of thecurrentContract. .•NOTE., Silverback Septic Solutions does not report contract expiration to thecounty agency. However, we are required to forward your renewed maintenance contract to them, if the agency does not receive a renewed maintenance contract from Silverback Septic Solutions or another licensed maintenance provider, you will be contacted by the county agency, This Is to Certify that the above sewage system has a RENEWED inspections agreement per Texas Commission on Environmental Duality (TCEd) standards for onshe sewage facilities as required. Inspection reports by the above service company will be filed with the authorized ;agency as required by the TCEO regulations, A weather proof tag or label will be attached to the controller showing the month that each !inspection was made. Three(3) Inspections per year (at least every 4 months). 'Items included on the Inspection Report generally include aerators, filters, Irrigation pump, air compressor, disinfection device,. chlorine ;supply, OK system light, spray field vegetation, probe, sprinkler or drip backwash. The filter will be cleaned at each visit. This agreement ;does not Include the cost of repairs or. pumping out the septicsystem. Silverback Septic Solutions will visit your site within 72 hours of you notifying us of problem, (Weekends& Holidays excluded) Best, Rodney Blacker easu.uu service contract no chlorine provided (owner must add chtoi V 413.00 sarvipe contract wtfg chlorine provided by Silverback Septic Date ENTERED Date AUG ? 20 poi*,upD$ f Primary phone/cell Email Gate code Pets/animals,_, if yes, special instructions? CERTIFICATE OF INTERESTED PARTIES roRM 1295 loll Convicts Nos. 1- 4 and e n there aye Interested ponies. Complete Nos, 1. 2, 3, 5, and 6If there are no interested parties. OFRCE USE ONLY CERTIFICATION OF RUNG Certificate Number; 2024-1200066 1 Name of business entity tiling form, and rho city, state and country of the business enaty'a place of business' Silverback Septic El Campo, TX United States Des Filed: D8/13/2024 s o d7ammen a ty or state agency s a to a con or orm s being filed. Calhoun COUmy Texas Date Acknowledged: 3 provide the identification number used by the govemmentd entity or stare agency to trait or idemny the convect, and provide a description of the services, goods, or other property to be provklsd under the contract 1012V24 Maintenance Contract for septic system 4 Nam .of interested Party City, State, Country (per of business) Nature of Interest (aback applicable) Controlling Intermediary s Check only R there is NO Interested Party. 6 UNSWORNjD�E7RATION Myname .ts ( and my date of birth IsMy Address sou I dectare under penalty of perjury that the foregoing is true and correct. Executed in YwT County, State onthel3dayof 44,14 ,20i&, bee) 1. ..(Anonth) Signature rized agent of contracting business entity p)edarard) Forms provided by Texas Ethles Commission www.ethits.slate.bt,us VersionV4.1.0.48daMU #15 NOTICE OF MEETING — 8/28/2024 15. Consider and take necessary to deposit the refund check in the amount of $2,232.17 for parts from Kyrish Truck Centers of Victoria to Road& Bridge, Pct. 2 account 1000-550- 53510, Road & Bridge Supplies. (VLL) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall,'Lyssy, Behrens, Reese Page 12 of 15 Vern Lyssy Calhoun County Commissioner, Precinct #2 5812 FM 1090 Port Lavaca, TX 77979 August 21, 2024 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Meyer: Please place the following item on the next Commissioners' Court Agenda (361) 552-9656 Fax (361) 553-6664 • Consider and take necessary to deposit refund check for parts from Kyrish Truck Centers of Victoria to Road & Bridge, Pct. 2 account 1000-550-53510, Road & Bridge Supplies. Since ely, Vern Lvss , Pct. 2 VL/Ij CHECK# 000009374 REFUND AR CREDIT ISSUED BY: MARYALVARADO Kyrish Truck Centers Of Victoria INVOICE # DATE X501070751:01 VA NET INVOICE # 2,232.17 DATE NET (Da), _ SZ)-- Total ., CHECK BACKGROUND AREACHANGES COLOR GRADUALLY FROM TOP TO BOTTOM. . WATERMARKONBACK HOLOAT ANGLE TO: VIEW WHEN CHEC VKyv:aLTrrek Cenlaro D 'Tr1 14Aug2d C ¢O r_ F SH TRUCK CENTERS OF VICTORIA PHONE (361) 676.1431 '606 PORT LA ACA 'FROST NATIONAL BANK 2.212 17 ENDORSEMENT '.:. 9374 V DR VICTORIA, TX 77961, HOUSTON, TX 17029 000009374 iAMOUNT OF C98C 17 08`HTb A**********A**•2,232.17 TWO SIGNATURES REQUIRED �IYY`1 VOID AFTER 90 DAYS ..__. J3w�AM "��d'lC laJC CLCL0 -�--PAY TRY,; AMo,7N1.: 1rii A*****t M4'�}2�2 tA�LM41 R CALHOUN COUNTY PREC #2 lily,. 5012 EN 1090 NORTH n+ITI, PORT LAVACA, TX 77979 np 102555 � 1Kyrish Truck Genters D'f".' IrssNxro MUM C:ALHOUN COUNTY PREC. N2 - 102555 5812 PM 1090 NORTI I PORT LAVACA, TX 77979 P:(512) 552.9056 FOB: 9J184915 Kyrish Truck Centers Of Victoria 2605 PORE LAVACA DR CREDIT PARTS INVOICE: X501070751:01 VICTORIA, -I'X 77901 ORUHNAL PARTS IN VOICH: xsD waxens:h l P:Ool) 575-1491 F. FLEET Y. WAYBILL. DELIYERTO CALHOUN COUNTY PREC 02 - 102555 5812 PM 1090 NORTH POR'r LAVACA TX 77979 P: (512) 552-9656 DATE SkIPPED SHI DATV INVOICEPEH N UNIT 1D volCV TOYEA REFERENB 4/3/2024 WILLCALL 4/3/2024 COOK.? AR 7400 SEA OTYSHP Clint) ITEM DE6CMMION BIN UNfr PRICE E%TO PnICr -1 _ 50IN/5010874R93 COOLER,Krr, REMAN EGR COOLER NWS 1,794.fi7-1,794 dr% -1 5MN/5010874R93-CORE _ COOLER,KIT, REMAN EUP COOLER I DIRTY 437.50 J115TIN 361.746-0450 --- --"— NO RETURNS OR REFUNDS ON SPECIAL ORDER PARTS OR FLP.CTIUCAL PARTS. All exOninges or refimdv Choms MUST be stmompanied by this Invoke within 15 Days unopened in original conodnem. ALL. RP -TURNS SURIECT TO PIF1 LLN PERCENT( 15%) RESTOCKING CHARGE. ALL RETtIRNS MUST BE SHOPPED PREPAID. Any •,.orantiv, oa the pneduet sold hereby arc• those made by the manu(ncturtr. The Sol lcr hereby expressly, disclaims all watra n", vlthct expra"orimplied, including any implied wartanty ofmcrciwntahility or fitness Ibr a rnrtkulor Purpose. and the seller neither nxxumes nor mnhorizes alp, other person to aswme for it Any liability in can n,01Do with the sale of said Products. WR ARE NOT' RFSPONSIULF FOR ANY LABOR ON PARTS NOT INSTALLED BY OUR SHOP. ESTIMATES only valld for 30 days. SIONATIIR1; X El:HNT NAME: SUE -TOTAL. $(2 232.17) PREPAY TAX $0.00 SHIPPING $0 TOTAL S(2,232.17) REMIT TO: Kyrish'fluck Centers Of Victoria x Kyrish Truck Ceu tars Of Houston* 8900 NORTH LOOP EAST HOUSTON,TX 77029 QAllison Tf'$RSnitBSiOn proutliv serving Texas for over 45 wars !'ng: I of I " Austin ' Bryan College Station ' Houston • Pharr ' San Antonio ' Temple ' Victoria 2 Arl Kyr18h Trunk Centers lya Kyrish Truck Ccnters Of Victoria $900 North Loop East Houston, TX 77029 713-674-3444 _ Oi/rlwjp Pd✓b+ Statement - 7/31./24 CALHOUN COUNTY PREC #2 5812 PM 1090 NORTH PORT LAVACA, TX 77979 ACCT NO. 102555 REMITTO: Kyrish Truck Centers Of Victoria 8900 North Loop East I IOuslon, TX 77029 713-674-3444 Statement - 7/31/24 CALHOUN COUNTY PREC AC.CTN(7. #2 102555 5812 PM 1090 NORTH PORT LAVACA, TX 77979 OA'It INVOILIi UOCUMIlN'i'/RFFERENCC PAYMF:NTSICREINIS DOCUMENT/REPERENCE RALANCIi 04/03124 XS01078791:01 17400 SFA 0.00 -7 232.17... X501070751:01 17400 SPA v.212.17 = FlNANC'E 1,IRfi $0 PLSAS'l:fN>' T71. AIG%A' S(2,232.17) A t(1 Ot'/iR 70 OVER FO (Jt'F,R 40 FIN.4NCF. CHARCr'!: 0 0.00 -2 232.17 0.00 0 = CUIfR&NTA,UOVN7 PASTDO6AMOIAT 4MOUNTOL'h' 11 (2,232.17) S(2,232.17 TERMS STATEMENT BALANCE DUE IN FULL 10TH OF THE MONTH ACCOUNT IS SUBJECT TO BE PLACED ON HOLD FOR ANY AMOUNT OVER 60 DAYS OLD ALL PASTDUE AMOUNTS ARE SUBJECT TO A FINANCE CHARGE OF 1.5%PER MONTH ON ALL BALANCES THIRTY 130) OR MORE DAYS PAST DUE. 'FOR ANY ACCOUNT INQUIRIES CONTACT AROKYRISHTRUCKS.COM- toxsss- c+LnouN couNTr vnec xx. r.u� I on wass • cMAunm coOaTT rnec ux , r•a. I or r NO I ICE OF MEETING — 8/28/2024 17. Consider and take necessary action on any necessary budget adjustments. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3' AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 14 of 15 0 § � \ z � /�§\(\® � |& § ■■ \2 §,o�wf \k � k Q/aaa � § § % ■ �zzzz J!ƒ& 000, k � § _2222 § ■ § § $ 00 ` 0 ®cl z , § 0< » §( z § k= b ■ -r (o � ■ � o .�G§»§ 0 a. §< < Fn§§§ @Eo> § i z Flo MC4 =z ;z ■� =z )& gig (L _ IN 0 0 \ § ■ § K b � § 2 k k § k 7 2 2 �Bz §$/o , ) §■§\/ � §a §■ gj� °mm m ` ~ w §©)0 �� §� §® §a !z ■ =z 2 LLI � §�aa2. � §a; k§ a � as §�2aa � � / ■ § � ■ ! ®22/ » &z \$ z 22 zzm ■:�7 § § — §`° §II kk z §§ �■ B® § ■ 2 . §) ° kB \ �&uj �0 §�B 0 ( %z @ § /§ Do z )§ :o M . ■ §oo C)co \� - §�) § k 21 al k § § £ :a :z :z :§ :L :§� � § : co � .■ � �) B Z LL Uri Z lu c0 uj Z Z O O rlI m 6 000 O �y 00 fA M 00 00 = C9 E9 (9 pypC� W M W dMi f0 e e = d' 0 0 0 0 0 = r o M M o 0 0 w o 0 0 0 Wg B pp�� In 10 ID = O Z =Z 0000 o = W o O o o O o LLI =d 0000 0 00 o� 00 o0 o0 o0 yr F» » w w O O b U 7 e^o d z zzl� W V K K (� 61WJ 7 7 (7 7 Z Z W ~ ZZCZ zzzZ w p LU rnrnrn z zrnrn gW� to ~srnrnrn K = O = `� Z W = � o LL co W UJ m a z W O F W - > Q a� _� Z `"w d o O w =W J O gggg _ ¢1 w L) Z a aw =a �` Z 6g¢ Z a�<nz O �a =Z �0 O Wa p az -p N UUO H! ww N moo. a Wow =_� a �2 wa �g(b a o a =W a Z F Z Z Q O (� f LL H W a m m _� W a U WZ W O a 7 = z n o 2d = z a M Z $Non °° W �or�Oi rmi =W W rmaMo� a u n v _C rL a n u e o a = a a 0 0 M m a § % 2 2 k k § k 7 2 2 ■®§ §§ :z k :z § :z lu �■ )� � . § IL ■ IL � 0 0 ; § § ■ IL z ■ § & ■ B I z § B _ LLI It z § uj § � ■ k § 5 � � z § � L a - 0 o 0 0 N O _l In E M) oo = In Z O N =0 _ Z "' _ Z Z Z =Z =W o =W _a =a =W =W =0 w =0 0 0 0 0 0 0 0 0 0 0 M M N r N 0 0 0 0 0 �w»en vi ar eF W 00000 Y. O O O O O pq M C'1 N K 0 0 0 0 0 w vi��sR» m �a _J _� re F- F- F- F- I- F- zzzzzz I � 9 9 9 (<x U' U' U` U' C7 C7 000000 z z z z z z e � rn rn rn rn rn rn In � W a J _ > G a oa? a (L w w ¢ > w M a a ❑ fr w w w w R . 2 m OAF-F-~-06 a��0�ao g W w w 2¢ L ao 8O0K e o M <p O O N N � c0 N N M 0 N N N Wjv v> wl wIs Q O CD Z Z e 6 O O U) w d W n.Zi ELa Na `r3CfL' C ¢ LW (L O WCO wm Z U} U Q :U) 0 :z H iZ iW a :L !a O O N m � z z z Qz 0000 z z z z a =rnrnmrn � rn rn rn w w a u � Q � w �m W d 0 J a a O a w O z ooN<v MM N N 0 I� U) w � J � a a 6�0 ow aZ 00 W O o z o 0 N C N D #16 NOTICE OF MEETING — 8/28/2024 16. Accept Reports from the following County Offices: i. County Treasurer — February, March and April 2024 (Revised) ii. County Treasurer — Statement of Balances — 1st Quarter 2024 (Revised) iii. County Treasurer — Investment Report — 1st Quarter 2024 (Revised) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner'Pct 4 AYES: Judge Meyer, Commissioner Hall,;Lyssy, Behrens, Reese Page 13 of 15 CALHOUN COUNTY, TEXAS REVISED COUNTY TREASURER'S REPORT MONTH OF: APRIL 2024 BEGINNING ENDING FUND FUNDRAIANCE RECEIPTS DISBURSEMENTS FUNDBAJANCE OPERATING FUNDS: GENERAL . AIRPORTMAINTENANCE $ 44,676.514.95 43.658.88 $ 2,784,627.85 $ 3,822,626.20 $ 43,638,516,0 APPELLATEIUDICW.SYSTEM 414.62 8.24 174.98 3,834.55 39,832.57 COURT FACILITY FEE FUND 14,469.87 702.33 702.03 389.0 COASTAL PROTECTION FUND 3,fi14.494.87 7,992db 88.06 15,187.20 COUNTY AND DIST COURT TECH FUND 3.615,197.20 47,819.36 COUNTY CHILD ABUSE PREVENTION FUND 992.16 L69 036.29 COUNTY CHILD WELFARE BOARD FUND 2,959. 21.63 COUNTY JURY FUND 4,222.69 181.39 2,09.34 2,069.99 COURTHOUSESECURrIT 64.177.5 264,(77.50 1,181.78 3,745.0 26L912.47 C0URT INITIATED GUARDIANSHIP FUND 479.78 73.53 DISTCLK RECORD PRESERVATION FUND 42,810.41 18.08 18,979.90 18,979.90 COURT REP0RTERS SERVICE FOND 1,410.. 2,829.49 CO CLK RECORDS ARCHIVE FUND 351,416-5 54,30.9 1,220.30 COUNTY SPECIALTY COURT FUND 226.83 228.41 351,436.99 57.465.7 COUNTY DISPUTE RESOLUTION FUND 14,380.70 DONATIONS DRUGMWI COURT PROGRAM FUND -LOCAL 154,696A6 27.223.66 487.62 40.63 13.589.61 155,143.45 JUVENILE CASE MANAGER FUND 6.352.42 6.21 216.02 467.27 27,229.87 PAMMYPROTECTTONFUND 14,680.22 2.7J 6,107.23 JUVENILEDE.INQUENCY PREVENTION FUND 9,394.64 1.77 16,101.23 99 GRANTS JUSTICE COURT TH 1.02.526.67 94,048.65 98,394.08 8,844.36 9,396.41 1,092,076.39 JUSTICECOURTROADBIE LDING EC SECURITY FUND 4,931.83 577.04 34.95 725.96 93,899.73 LATERALROADPRECINCTBI HNC 3.740.03 0.71 275.0 4,591.78 LA7ERALR0AD PRECINCT#2 3,740.03 0.71 3,740,74 LATERAL R0AD PRECINCT 83 3,740.03 0.71 3,740.74 LATERAL R0AD PRECINCT R4 3,70.0 0.71 3,740.74 LANUAGEACCESS FUND 28.7$ 3,740.74 JUROR DONATIONS -kNMANE SOCIETY 3.497.64 10.66 ;g JUROR DONATIONS VETERANS SERVICES. 1,544.33 40.29 30 JUSTICE COURT SUPPORT FUND ��. 17,58222 1,08.32 1,584.62 PREIRLALSERVICHS FUND 99,75730 116.93 11,584.62 54 LOCAL TRUANCY PRBVP,NT7ON/DIVERSI0N FUND 31.476.70 534.95 89,869.23 89.86I.23 LAW LIBRARY LAW EI'0PECERS 57A EDUC. (iJJ026 SH) 206,533.83 1,334.95 232,011.65 07,797.09 POC COMMUNITY CENTER 30,322.23 43,699.0 694.00 5.72 1,655.72 58.24 3,372.0 30,327.95 RECORDS MANAGEMENT -DISTRICT CLERK 984.64 RECORDS MANAGEMENT -COUNTY CLERK 254,M4.38 3,210.47 12,108.0 245,334.33 03 45.334.33 RECORDS MOMT & PRESERVATION 70,14438 1,204.67 ROAD & BRIDGE GENERALFUN 1,443,448.63 73,402.45 87 0PI0D RE6ffDIATION FUND 40503.06 7,820.22 loSI6,851.08 6MILEPIER/B0AT RAMP INSUR/MAINT 15.744.42 2.97 8,5DA0 48,323.28 CAPITAL PRW- BOGGY BAYOU NATURE PARK 393,883.07 7,247.39 CAPITAL PROI- AMERICAN RESCUE PLAN ACT2021 690,202.93 6,0D0 387,883.07 CAPITAL PROT- KING FISHER BEACH PARK 48,615.0 130,821.79 559,381.14 CAPITAL PRDJ MAG_INDNNOLA BEACH PAVILIONS 167,IkM 48,615.0 CAPEALPRO7-CDBG DRINFRASIRUC�IfURC 783,465.06 167.166.67 CAPITALPROJ-CDBG-MITINFRASIRV j�tE 499,999.77 36,634.05 746,831.01 CAPITAL PROI CHOCOLATE BAYOU BOAT RAMP 169,595.01 74,736A6 425,263.31 CAPITAL PRO; - ELECTION MACHINES O,08 1fi9, 595.01 CAPITALPRN-LOCALASSISTANCSTHIBALCONSISTFNCY 161,184.74 (.0) CAPITALPROJ.JAERDOF 50,ODO.0 161,164.74 CAPI70LPROJ-OLMAHATBWUSPARJIMPROVMFNTS 172,392.0 CAPITALPROJ-RB INFRASTRUCTURE 2z4,2A5A4 1�392D CAPTTALFROJENERGYTRZRI ]49,841.30. 224,245.44 CAPTTALPRW- BEGHTIN ROAD BRIDGE 938" 149,841.30 149,50.0 CAPTI'AL PRW AIRPORT RUNWAY IASPROVEMHNTS 77,461.35 CAPTTALPROJMAGNOLIABEACHEROSIONCONT 70,00.0 IJ,461.35 CAFTPROJMAGBRACHRE$TORATJON/CRABBRDG -18,787.0 33,285.0 14,498.0 77,00.0 CAPITALFROI -EMS TRAINING BUILDING 237,543.01 37,543.09 8,30.0 27%0D.01 29,92789 CAPITALPROJ HVENTCENTER 9.927.09 CAPTTALPRDIFIRETRUCKS&SAFETY EQUIP 6,448.68 9.927,09 CAPITALPROJ-GREEN LAKE PARK 25.90.0 26.90.0 8,984.79 CAPTTALPR0J HATERIUS PARKRI0AT RAMP 0,0 CAPITAL PRO H0G BAY0U IMPROVEMENTS - fi,270.00 6.0 CAPI7-ALPR0) PORT ALTO PUBLIC BEACH 6,276.0 6.69 CPRJ- SWAN POINT SHORELINE RESTORATION 98,770.0 CAPITAL PROD HURRICANE HARVEY FP.MA 0,08 98,7J0.0 CAPITAL PROD IMPROVEMENTS PROJECTS 0.0 CPRJ- SWAN POINT BULKHEAD IMPROVEMENT - I5.000.0 - CAPITALPROJHOSPITAL IMPROVEMENTS 2,315.00035 ],082.82 I5,0 CAPITAL PRO]73 -MMC LOANS 2350,00.0 I30,00.0 2,315,000.00 A�T� 1.075.55 184.79 668.76 2,50,00.0 59158 BAILB0ND1FlS(HB1940J CON SOLIDATED COURTCOSTS(NEW) 795.0 720.0 1,363.50 151.50 C0NS0LMAIEDC0URTC0M2020 11555.39 15,943.83 1,278.70 9.165.25 2,523.E 310.49 DNA TESTING FUND 250.39 4.05 22,597.94 3.96 2,511,'4 DRUG COURTPROGRAM FUND -STATE 7,87 1.8 6.96 250.48 SUBTOTALS $ 62818197.25 S 3,20.537.30 $ 4,18976735 1.99 S fi1831987.20 Page 1 of COUNTY TREASURER'S REPORT MONTH OF. APRIL 2024 BEGINNING ENDING FUND OPERATING FUNDS -BALANCE FORWARD FUND BALANCE $ RECEIPTS DISBURSEMENTS FUNDRAfANCE ELECTION SERVICES CONTRACT 62,818,197,25 S 3,203.557.30 $ 4.189,767.35 $ 61.831,987.20 ELECTRONIC FILING FEE FUND 72,369.11 32.29 13.57 30.80 173.61 72,209.07 EMSTRAUMAFUND 651.92 601.02 63.08 1,013.73 239.21 PINES AND COURT COSTS HOLDING FUND 7,647.31 INDIGENT CIVIL LEGAL SERVICE 57.30 7,847.31 JUDICIAL FUND (ST. COURT COSTS) 0.00 57.30 JUDICIAL& COURT PERSONNEL TRAINING FUND 9.49 JUDICIAL SALARIES FUND 329.49 24fi.26 5.00 525.00 4.49 54.49 2.41 JUROR DONATION -TX CRIME VICTIMS FUND 1,326.69 756 00 JUVENILE PROBATION RESTITUTION 202.57 179.00 9.00 3 LIBRARY GIFT AND MEMORIAL 42,202.5 42,626.71 381.57 MISCELLANEOUS CLEARING I,538.04 2,007.BG 42,381.57 42,634.75 917 STATE CRIMINAL NON DISCLOSURE FEE FUND Opp REFUNDABLE DEPOSITS yppOpp 2,000.00 FUND STATJUSTICE 945.55 442.60 1,344.90 43.25 S TICFEE DATA REPOSITORY FUND CIVILJURY 1.99 1.10 2.79 0.30 REIMB REIMBURSEMENT FEE 228.28 138.66 33L32 35.62 STATE CONSOLIDATED STATECGCFU DATED CIVIL FEE FUND 3.935.68 2.728.36 6.496.04 168.00 SUBP OF CRI INDIGENT SUMP OFCRIMINDIGENT DEFENSE 3,492.58 2,312.86 5.433.34 372.10 TIME PAYMENTS 79.17 141.15 68.07 18756 131.48 211.31 15.76 117.40 TRAFFIC TO APPEAR 653.32 513.65 802.05 364.92 EDAW PROPERTY ❑NCLAIMEDTION 45,463.20 422.71 45.895.91 TRUANCY PREVENTION AND DIVERSION FUND 177.00 61.09 62.49 175.60 BOOTC BOOT 147.43 JUVENILE JUVENILE PROBATION PROBATAEPION 437330.40 69032.01 70152.49 147.43 436209.92 SUBTOTALS $ 63,453,171.86 $ 3,282,084,01 S 4,279,275.38 $ 62,455,980.49 TAXES IN ESCROW 0.00 TOTAL OPERATING FUNDS 63453171.66 3 8 084.01 $ d 792738 0.00 55980.49 OTHER FUNDS D A FORFEITED PROPERTY FUND 34358.62 42,24 34.40D.86 SHERIFF NARCOTIC FORFEITURES 55.319.73 67.63 $31.00 54,856.36 CERT OF OB-CRTHSE REF SERIES 2010 526.977.02 6,987.93 533.964.95 CERT OF OB-CRT14OUSE I&S SERIFS 2012 33.440.16 203.08 97.49 31.545.75 CAL. CO. FEES & FINES 122 665.29 94 861.09 101-991.47 115 634.91 MEMORIAL MEDICAL CENTER OPERATING MONEY MARKET 757.114.47 $ 4,173,096.21 3 4,138.159.15 3 792.05153 INDIGENT HEALTHCARE 609.891.25 9,201.24 S 1,602.07 $ 50D,00R00 $ 111,493.32 PRIVATE WAIVER CLEARING FUND 437.28 4,1W.34 0.54 4.196.92 9,201.66 CLINIC CONSTRUCTION SERIES 2014 543.19 0.67 0.00 437.82 NH ASFORBROAD NH R 251,830.34 498,305.15 59D,992.57 5g3,86 159.142.92 NH CRESCENT CRESCENT 21Z402.73 527.266.76 593,611.50 146,057.99 NH FORTBEND61.978.71 189,021.06 785,049.22 851.325.38 122,744.90 NH SOLD 183,666.80 159,804.32 85.841.19 NH GOLDEN CREEK 143.601.61 666,207.40 656,89931 152,909.7D NH DACA 67,524.71 000 522,684.40 460,239.73 129.969.38 NH ASHFORSOLERA D 0.00 0.00 BROAD NH BROADMOOR DACA OR D 0.00 0•00 PAY NH GULF POINTSPLAZA 394.27 16,257.32 15,817.48 0.00 834.11 NH ME MEDICARE MEDICAID 30.220.73 160.847.33 125.874.15 65,193.91 BEGIANGULF NHBETIIANYVMLAGLIVING SENIOR. LIVING 277,431.74 740,297.79 619,809.70 397,909.83 NHTUSCANY VEMORI TOTAL MEMORIAL MEDICAL CENTER FUNDS 304.030.79 973573.41 87695294 400651.35 2915624.I7 S 9753042.41' 9593683.05 $ 2.$74983A7 DRAINAGE DISTRICTS NO.6 NO.8 44,153.95 133.83 $ 44,287.78 NO. 10-MAINTENANCE 157,735.98 110,964.75 1.882.45 450.78 159,618.43 NO. 11- iTNG 361.808.36 6.209.12 f3,351.38 31.641.58 98,064.15 336.375.90 NO. il-RESERVE 228637.35 291.11 ME 918.46 TOTAL DRAINAGE DISTRICT FUNDS $ 903 0.39 S 8.957.29 S 44,992.96 867 64.72 CALHOUN COUNTY WCID #1 OPERATING ACCOUNT 346,151.58 1.275.85 728.84 346,698,59 PAYROLLTAX 1226.92 174.74 1052.18 TOTAL WCID FUNDS CALHOUN COUNTY PORT AUTHORITY $ 347 79.50 1275.65 903.58 S 347740.77 99954.06 794.51 95748.57 MAINTENANCE AND OPERATING CALHOUN COUNTY FROSTBANK ,. 1870.87 1970.87 S 4,263,127.93 $ 9 264070.06 9 641450A6 $ 3 885747.53 TOTAL MMC, DR. DIST., NAV. DIET, WCID & FROST TOTALALLFUNDS $ 68A87,060.61 $ 12,648,316.04 $ 14,023,24S.80 $ 67,112,130.85 Page 2 of 3 COUNTY TREASURER'S REPORT MONTH OR APRIL 2024 BANKRECONCILIATION LESS: CERT,OF DEN FUND OUiSTNDGDEP/ PLUS. CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE OPERATING" S 62,455,980.49 409.224.31 209,656A8 S 3,756,412.66 58,500,000.00 OTHER D A FORFEITED PROPERTY FUND 34.400.86 34,400.86 SHERIFF NARCOTIC FORFEITURES 54.856.36 82.00 54,938.36 CERT OF OB-CRTHSE REF SERIES 2010 533,964.95 1,344.35 532420.60 CERT OF OB-CRTHOUSE 1&S SERIES 2012 31,545.75 70.59 31,475.16 CAL. CO FEES & PINES 115.634.91 14846.35 6,606A I 109,395.00 MEMORIAL MEDICAL CENTER OPERATING $ 792.051.53 442,476.52 1,234,528.05 MONEY MARKET 611,493.32 500.000.00 111,493.32 INDIGENT HEALTHCARE 9,201.66 4,185.75 502.14 5.518.05 PRIVATE WAIVER CLEARING FUND 437.82 437.82 CLINIC CONSTRUCTION SERIFS 2014 543.96 543.86 NH ASFORD 159,142.92 159,142.92 NH BROADMOOR 146,057.99 146.057.99 NH CRESCENT 122,744.90 122,744.90 NH FORT BEND 85,841.19 85,841.19 NH SOLERA 152,909.70 152,909.70 NH GOLDEN CREEK 129,969.38 129,969.38 NH SOMLA DACA 0.00 0.00 NH ASHFORD DACA 0.00 000 NH BROADMOOR DACA 0.00 0.00 NH GULF POINT PRIVATE PAY 834.11 834.11 NH GULF POINTE PLAZA MEDICARE MEDICAID 65,193.91 65.193.93 NH BEIHAN SENIOR LIVING 397.909.83 307,909.83 NH TUSCANY VILLAGE 400,651.35 400.651.35 DRAINAGE DISTRICT: NO.6 44,287.78 44,287,78 NO.8 159.618.43 122.71 159,495.72 NO. 10MAINTENANCE 98,064.15 281.73 97.782.42 NO. I MAINTENANCE/OPERATING 336,375.90 608.49 923.50 336.690.91 NO. I RESERVE 228.918.46 228,918.46 CALHOUN COUNTY WCIDRI OPERATING ACCOUNT 346,698.59 346,69859 PAYROLLTAX 1,052.18 1.052.18 CALHOUN COUNTY PORTAUTHORITY MAINTENANCE/OPERATING... 95,748.57 95.748.57 CALHOUN COUNTY FROSTBANK 0,00 0.00 TOTA 676121MAS 1 S 59A28.684.29 19 660247. 693.6 *••. THE DEPOSITORY FOR CALHOUN COUNTY WCID IS INTERNATIONAL BANK OF COMMERCE -PORT LAVACA •'>' THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK -PORT LAVACA THE DEPOSITORY FOR CALHOUN COUNTY PROMS FROST BANK - AUSTIN, TEXAS ***• EASTWEST BANK CDs -S 18,712,028.86 •"*a NEXBANK MONEY MKT ACCT-DALLAS, TEXAS -S 43,267,346.50 THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS PROSPERITY BANK, PORT LAVACA Court costs and fees collected and reported may not be current and - -date due to non-compliance by other county offices. I es hereby certify that the current balances are correct to all moniat h ve een re ived e t my Treasurer as of the date of this report. "NDYAKENASURER Page 3 of 3 0 w Ln W z w w w NNid(EYIN[�N� • � � �p� si�Pm��NbUI'mNOl05'1$M1w O 6 w w w $ v ■ �w w w �!!���+151��T�T%%agryq R'i, prvp mU��ssi,ry%ry{{$yy^n^ ion800 perry �%py mn �n�(('a q�i, xyn f4. m u°{mg y$ym�yigo �_1(ry7yi O^1P Qj PN�NM 0 IS�%"7K8w �{y.tl-i�MpE12�5 �r�➢ p�pM�gw g001�NCGOO `pSP N MOgi w NN00pS ONSPNO N�'w'P O 6 w f i E'n$„GiOtO$ u°{ mm�.n$fR '$'u4$88`rYSj$ �Y."�686fu,`rY. go Po N Gtil aiP �Cj ��`m o..w u31Ti w� �Iw+' i P w I w 1 Y �u iO a(SV V�Vi ..in �1�1��No �o�P��{{jij�Sl1uN��i io`Oai �rv�.N-iy��mu°i 11Spp m 0 mR N10 �Y�'tVNP1�^�OI " p!ri �m�m��NL1�wp �'P O�11bb�Olw pmp m �bOp (A11 P w w w O{Y{N b{w�AQNwIy WI��tV �l C IYO�IYP���h{ymFwq�qy � •-NN�'w'mlA 1ppp Tlw w w 2 LL � U¢ w CK O CS W 6W fG FFON 6 2ww Z(l a~gi 2U' Ogg!ww vi>w 6�a pySWpWipCi�w a�i 2C�gC Z€W2pKypg�'2 oFZ �a}K Wg FKRa0O mw O (C(}}. coQ � W1a¢pWFdw}=CIVU�€� 2 f9 (��rJ po O Y U 2— rcF w0 •w�13p�F�w�O�jpOZZ VO� OOOu+wmtlm 01'fL� wl-93y09 JLLJ ������wiiiiiiJ4W waW UU GZLLFO 4�jV�ozw2w. aW m aW w w�ow �Q'.u$i¢7 ¢FK 6 FF�p 2 a'K¢'a'W41QVOK W UUOmiigOU2z zzZZizZifigOOOOp33aLL 1- '� hn ^gs%)n,NU m S Nj tl w P p 0 w w r; r e'+ :n 13 r6 u n w w oXxa:X n Vl �d �f NUN S z E LL` 1 WNQ L C p LLLL a SSG p~ c Z x F X NNY g ¢z¢ ¢Y¢¢Y¢ 00�tlw A E 9 Y GENERAL . AIRPORTMAINIENANCE $ 46.102.541.16 S 4,246,926.01 $ 5,672,952.22 S APPELLATE JUDICIAL SYSTEM 48,178.01 271.36 12.63 4,531.76 COURTFACILITYFERFUND 13,271.36 143.2E 143.27 0.01 COASTAL PROTECTION FUND 2,613,908.90 3.359.80 1,034,576.45 0.48 COUNTY AND DIST COURT TECH FUND 889,88 COUNTY CHILD ABUSE PREVENTION FUND 4230 034 COUNTY BOARD FUND 959.49 0.54 0.07 COURTHOUSE FUND JURYCHILDFUND 4.101.13 4;t0I.29. 121.55 0.15 COURTHOUSE SECURITY 262.848.19 1,338.36 0.15 C0URT INITIATED GUARDIANSHIP FIND 18,492.16 214.85 9.05 DISTCLK RECORD PRESERVATION FUND 42,790.66 0.64 COURT REPORTERS SERVICE FUND 1.402.23 2132 IA7 CO CLK RECORDS ARCHIVE FUND 351,418.86 A40 0.05 COUNTY SPECIALTY COURT FUND 13,137.40 2,832.15 12.10 COUNTY DISPUTE RESOLUTION FUND 13,797.36 223.70 0.45 DONA DONATIONS 154,511.40 583.22 371.81 0.48 COURT PROGRAM FUND -LOCAL 27.214.36 186.75 JUVENILE UVENI E 6,863.14 10.24 0,94 FAMILYECASEMANAGERFUND PROTECDONFUND 14,676.98 84.00 72 590.51 JUVENILE JUVENILE DELINQUENCY PREVENTION FUND 9,392.50 0.51 GRANTS - JUSTICE COURTTECHNOLOCY 1,010,523.86 2.46 7,266.62 6.62 032 I5,260.3 IUSTICE COURT BUILDING SECURITY FUND 93,521.16 4,981.35 530.71 3.22 LATERAL ROAD PRECINCT#1 3.739.18 20.66 170.18 LATERAL R0AD PRECINCT #2 3,739.18 0.98 0.13 LA7ERALR0AD PRECINCT#3 3,739.18 0.98 0.13 LATERAL ROAD PRECINCT#4 3,739.18 0.98 0.13 _ANUAGE ACCESS FUND 0.98 0.13 LOCALTRUANCYPREVBNTTOWDIVERSION FUND tlR(IAJ.tl6 30,933.60 23.53 3.09 LAW LIBRARY LAW ENF➢FFICERS STD. EDUC.(LEOSE) 206,751.26 144.16 1.056.61 It 1,274.06 POC COMMUNITY CENTER 29,536.47 43,714.43 786.77 1.01 RECORDS MANAGEMENT -DISTRICT CLERK 194.08 3,]IIA6 3,126.89 RECORDS MANAGEMENT -COUNTY CLERK 255 10.49 0.01 RECORDS MGMT& PRESERVATION ,19L81 69.888.52 2,926.91 11050.09 3,874.34 ROAD &BRIDGE GENERAL 0PI0D REMEDIA71ON FUND 1,353,803.81 89.691.44 2.41 46.62 6MUS PIERB0AT RAMP INSURIMAINT 40,493.84 16.239.72 10.62 1.40 CAPITAL PROJ -BOGGY BAYOU NATURE PARK 393,883.07 4.26 499.56 CAPITAL PROD-AMERICANRESCUE PLAN ACT2021 996.636.75 CAPITALFROJ- KING FISHER BEACH PARK 48.615.00 306,433.82 CAPITAL PROJ MAG_INDIANOLA BEACH PAVILIONS 167,166,67 CAPITAL PROD- CORO DR INFRASTRUCTURE 783,465.06 CAPITAL PROI-CDBG-MIT INFRASTRUCTURE 499,999.77 CAPITAL PROJ CHOCOLATE BAYOU BOAT RAMP 169,595.01 CAPITAL PRO) - ELECTION MACHINES (0.00) CAPITAL FROI-LOCAL ASSISTANCE 19AL CONSISTPNCY 161,184.74 CAPITALPROI-JAMROOF 50000000 CAPITAL PROI- 0LIVIA HATPAIUS PARK IIIPROWNTS 112,392.00 CAPITALPROJ -RB NFRASTRUC URE 224,245.44 CAPITAL PRO) ENERGY TRZ#1 149,841.30 CAPITAL PROD- BRIGHTIN ROAD BRIDGE 938,500.00 CAPITAL PROJ AIRPORT RUNWAY IMPROVEMENTS 77,46135 CAPITAL PROJ MAGNOLIA BEACH EROSION CONT 70,000,00 CANTALPROI MAG BEACH RESTORATION ICRARBIN RRDG CAPITAL PROD- EMS TRAINING BUILDING 237,543.01 37.543.01 18,787.00 CAPITALPRGIEVENTCENTIIt 9.927.09 CAPITAL PRO] FIRE TRUCKS &SAFETY EQUIP 6.448.68 CAPITAL PROJ - GREEN LAKE PARK 79 CAPITAL PROT HATERIUS PARKBOAT RAMP CAPITAL PRO HOG BAYOU IMPROVEMENTS 6.276.69 CAPITAL PRO) PORT ALTO PUBLIC BEACH 0.00 CPRI- SWAN POINT SHORELINEREBTORATION 98,776.0( CAPITAL PROD HURRICANE HARVEYFEMA CAPITALPRO] IMPROVEMENTS PROJECTS _ CPRJ- SWAN POINT BULKHEAD IMPROVEMENT 15,000.00 CAPITAL PRO] HOSPITAL IMPROVEMENTS 2.336,941.55 CAPITAL PROJ.MMC LOANS ARRESTFEES 2,200,000.00 150,000.00 BAIL B0ND FEES UIB 1940) 884.26 255.00 191.29 CONSOLIDATED COURT COSTS (NEW) 819.38 540.00 736.01 CONSOLIDATED COURT C0STS 2020 6,821.90 9,121.93 DNA TESTING FUND 250.39 DRUG COURT PROGRAM FUND -STATE All ,,. 393,883.07 690,102.93 48,615.DD 167,166.67 793,465.06 499,999.77 169,595.01 (0,00) 161,184.74 500,000.OD 112,392.00 224,245.44 149,841.30'. 938,500,00 77,461.35 70,000.00 (18.787.00) 237,543.01 79,927.09 6.448.68 8.984.79 6,276.69 0.00 98.776.00 15,000.00 2,336,941,55 2,350,000.00 1.075.55 795.00 Page 1 of COUNTY TREASURER'S REPORT MONTH OF, MARCH1O24 BEGINNING ENDING FUND FUNDBALINCE OPERATINGFUNDS-BALANCEFORWARD $ RECEIPTS DISBURSEMENTS FUNDBALINCE 63.2%,140.63 ELECTION SERVICES CONTRACT 3 5,556,728.93 $ 6,028,672.31 S 62,818.197.25 72.117.23 ELECTRONIC FILING PEE FUND 254.36 2.48 72,369.11 31.42 EMS TRAUMA FUND 0.86 32.28 J92.03 FINES AND COURT FUND 159.89 651.92 LLEGA SERVICING 7,847.31 INDIGENT CIVIL LEGAL SERVICE 7,847.31 57.30 JUDICIAL FUND CO COURT COSTS) 0 00 57.30 RT. JUDICIAL &COURT PERSONNEL TRAINING FUND 9.49 JUDICIAL SALARIES FUND I68.S1 166 9.49 JUROR DONATION -TX CRIME VICTIMS FUND 1 00 158.16 326.69 JUVENILE PROBATION RESTITUTION 2 98.57 1,068.00 LIBRARY GIFT AND MEMORIAL 42.617.00 140.00 236.00 202.57 CLEARING 14.868.92 11.17 1.0 42,626.71 STATE CRIMINAL STATE CRIMINAL NON DICLOSURE FEE FUND 761.63 443.07 15,187.48 REFUNDABLE DEPOSITS 2,000.00 STATE CIVIL FEE FUND 456.55 489.00 2,000.00 CIVIL JUSTICE DATA REPOSITORY FUND 1.06 945.55 JURY REIMBURSEMENT FEE 75.85 0.93 1.99 STATE CONSOLIDATED CIVIL FEE FUND 2,122.00 152.43 228.28 SUBTITLE C FUND 1,795.29 1,813.66 3,935.68 SUPP OF CRIM INDIGENT DEFENSE 4U 44 1,813.68 29 3,492.58 TIME PAYMENTS 38.73 79.17 TRAFFIC LAW FAILURE TO APPEAR 192.91 141.15 UNCLAIMED PROPERTY 45.192.18 461.1474 0.28 653.32 TRUANCY PREVENTION AND DIVERSION FUND 146.30 0.03 45.463.20 BOOT CAMP/JJAEP 147A3 30.70 17700 JUVENILE PROBATION 528.354.27 302.89 91 Rfi.76 147.43 SUBTOTALS $ 64,010,523.66 TAXES IN ESCROW S 5.563,330.31 $ 6, 120,682. 11 437.330.40 $ 63,453,171,86 0.00 TOTAL OPERATING FUNDS $ fi4,010 23.66 S 5 63 30,31 0.00 $ 6,12066211 0.� S 63,453171.86 )THER FUNDS D A FORFEITED PROPERTY FUND 34,240.07 118.55 SHERIFF NARCOTIC FORFEITURES 33,944.76 1.512. 34,358.62 CERT OF OB-CRTHSE REFSERIFS 2010 516,705.65 97 138.00 55,319.73 CERT I&S SERIFS 2112 31,352.84 10,326.64 55.27 526,977.02 CAL. O. FiFS & FlNFS CO.OEES & FINES 114.351.13 $7.32 110.106.23 101.792.07 31.440.16 L O ER O FUNDS 780 AS 1 2 1 I 122.665.29 I01 34 77 7611 4EMORIAL MEDICAL CENTER OPERATING 902241.81 MONEY 4,1",457.30 4.28A584.64 757,114.47 TREAMARKET 608,191.31 INDIGENT HEALTHCARE 9,170.71 1,699.94 609,891.25 WAIVER PRIVATE WAIVER CLEARING FUND 436.73 4,197.20 4,166.67 9.20124 CLINIC CONSTRUCTION SERIES 2114 542.50 0.69 43728 NH ASFORD NH R 151,549.51 5.43 760,850.04 699,996.82 830.19 34 212,402.73 NIT CRESCENT CRESCENT 25L549.49 NH FORT BEND 105.267.09 027.582.70 1,249,294.14 097,616,13 1,292,616A2 189,021.06 161,W1.71 105.267D9 VH 249,294.14 GOLDEN VH GOLDEN CREEK 192,119.70 82,119.70 573,975.23 597,601.52 588,50L54 43.601.61 I67,524.71 VH SOLERA DATA 0.00 573,975.23 586,570.22 67,5?4.]I VH ASHFORD DACA 000 4HBROADMOORDACA 0.00 0.00 4H GULP POINTE-PRIVATE PAY 401.00 31,662.74 31,889.72 4H GULF POINT PLAZA MEDICARE/MEDICAID 19,401.25 133,882.74 154,127.87 390.00 4H BETHTUSCANY SENIOR LIVING 197,696.28 863.999.43 30,394.27 73 JH TUSCANY VILLAGE 112.776.60 412.893.93 794,163.97 27743174 TOTAL MEMORIAL MEDICAL CENTER FUNDS S 2708J95.67 S 9.772NO2.74 421 639.75 304 030.78 $ 9,565,574.30 $ 2,915.61A.11 RAINAGEDISTRICTS TO.6 43,925.34 40.6 228.61 ".153.95 57 1,321.71 .0. 10-MAINTENANCE 110.429.455771 419.27 157.735.98 10. I I-MAINTENANCEJOPERATING 355.823,55 535.30 110,964.75 10. ll-RESERVE 228 347.24 7,956.74 290.11 1.971.93 361,808.36 TOTAL DRAINAGE DISTRICT FUNDS S 9.425.03 228.637.35895,947.29 1.971.93 $ 903300.39 ILHOUN COUNTY WCID #1 OPERATING ACCOUNT 143.911.25 AYROLLTAX 262,081.88 $9,841.55 346,I51.58 1.420.05 TOTAL WCID FUNDS S 145 31.0 26+OB1.8B 193.73 600193.1 1 226.92 347 7 8.50 ILHOUN COUNTY PORT AUTHORITY 2.385.49 1AINTENANCE AND OPERATING 91662.23 93.66 94954.06 1LHOUN COUNTY ROSTBANK 1875.87 5.00 187087 $ 10,046,695.14 $ ITAL MMC, DR. DIST„ NAV. DIST, WCID & FROST S 3,944,112.36 9,627,679.67 $ 4,263,127.93 Page 2 of 3 COUNTY TREASURER'S REPORT MONTH OF: MARCH 2O24 BANE RECONCILIATION LESS: CERT.OFDBP/ FUND OUTSTNDG DEN PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE OPERATING + S 63,453,171.86 16D,33252 S 5,113,504.38 58150010D0.00 OTHER D A FORFEITED PROPERTY FUND 34.358.62 34,359.62 SHERIFF NARCOTIC FORFEITURES 55.319.73 82.00 55,401.73 CERT OF OB-CRTHSE REP SERIES 2010 526,977.02 526,977.02 CERT OF OB-CRTHOUSE I&S SERIES 2012 31,440.16 31.440.16 CAL. CO FEES & FINES 122.665.29 2,965.00 4,605,76 124,306.05 MEMORIAL MEDICAL CENTER OPERATING $ 757,114,47 932,030.62 1,689,145.09 MONEY MARKET 609,8913 609,891.25 INDIGENT HEALTHCARE 9,201.24 4,186.03 502.14 5,517.35 PRIVATE WAIVER CLEARING FUND 437.28 437.28 CLINIC CONSTRUCTION SERIES 2014 543.19 543.19 NH ASFORD 251,830.34 251,830.34 NH BROADMOOR 212,402.73 212,402.73 NH CRESCENT 189,021.06 189,021.06 NH FORT BEND 61,978.71 61,978.71 NH SOLERA 143.601.61 143,601.61 NH GOLDEN CREEK 67,524.71 67,524.71 NH SOLERA DACA 0.00 0.00 NH ASHFORD DACA 0.00 0.00 NO BROADMOOR DACA 0.00 0.00 NO GULF POINT PRIVATE PAY 394.27 394.27 NO GULF POINTE PLAZA MEDICARE/MEDICAID 30,220.73 30,220.73 NH RETHAN SENIOR LIVING 277,431.74 277.431.74 NO TUSCANY VILLAGE 304,030.78 304.030.78 DRAINAGE DISTRICT: NO. 6 44,153.95 44,15395 NO.8 157,735.98 157,735.98 NO. 10 MAINTENANCE 110.964.75 110.964.75 NO. 11 MAINTENANCE/OPERATING 361.808.36 361.808.36 NO. 11 RESERVE 228,637.35 228,637.35 CALHOUN COUNTY WCID 81 OPERATING ACCOUNT 346,151.58 346.151.58 PAYROLL TAX 1,226.92 1,226.92 CALHOUN COUNTY PORT AUTHORITY MAINTENANCFIOPERATING **** 94,954.06 94,954.06 CALHOUN COUNTY FROSTBANK 1,870.87 1.870.87 5 5 55 **** THE DEPOSITORY FOR CALHOUN COUNTY WCID IS INTERNATIONAL BANK OF COMMERCE -PORT LAVACA **** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK -PORT LAVACA " THE DEPOSITORY FOR CALHOUN COUNTY FROST IS FROST BANK-AUSTIN. TEXAS ++** EASTWEST BANK CDs-$24,018,509.99 *+"* NEXRANK MONEY MKT ACCT, DALLAS, TEXAS - $ 37,676,OISAO THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS PROSPERITY BANK, PORT LAVACA Court costs and fees collected and reported may not be current and up-to-qtelonon-�Pmplia y r county ofFces. I hereby certify drat the current balances are correct to all monies Ihat have been receivedly n,'eprof 's raceIT RIJONDAIS.4KXOKENA —I (•( Page 3 of 3 CALHOUN COUNTY, TEXAS REVISED COUNTY TREASURER'S REPORT MONTH OF: FEBRUARY 2024 BEGINNING ENDING FUND FUNDBAJANCE RECEIPTS DISBURSEMENTS FUNDBALINCE OPERATING FUNDS: GENERAL 40,835,036.16 $ 14488,249.02 $ 7.220,744.02 46,102541.16 AIRPORTMAINIENANCE 63,415.78 22.99 15,260.76 48,179.01 APPELLATEJUDICIAL SYSTEM 326.68 140.12 195.44 271.36 COURT FACILITY FEE FUND 13,344.06 564,84 13,908.90 COASTAL PROTECTION FUND 2,763,354.34 I.OD1.60 150.997.14 2,613,358.80 COUNTY AND DIST COURT TECH FUND 9,898A9 51.71 91950.20 COUNTY CHILD ABUSE PREVENTION FUND 956.13 3.36 959A9 COUNTY CHILD WELFARE BOARD FUND 2,048.39 0.74 2,049.13 COUNTY JURY FUND 3,979.00 122.29 4,101.29 COURTHOUSE SECURITY 261,560,31 L287.88 262,848.19 COURT INITIATED GUARDIANSHIP FUND 19,305.53 186.63 18,492.16 DISTCLK RECORD PRESERVATION FUND 42,765.16 25.50 42,790.66 COURT REPORTERS SERVICE FUND 1,374.38 27.85 1.402.23 CO CLK RECORDS ARCHIVE FUND 348,512.54 2.906.32 351.418.86 COUNTY SPECIALTY COURT FUND 12,884.79 252.61 13,137.40 COURJTY DISPUTE RESOLUTION FUND 13,147.59 - 649.77 13,797.36 DONATIONS 154,085.11 3,493.36 3,067.07 154,5IIA0 DRUGIDWI COURT PROGRAM FUND -LOCAL 27,199.98 14.38 27,214.36 JUVENILE CASE MANAGER FUND 7,258.88 132.81 520.55 6,863.14 FAMILY PROTECTION FUND 14,671.56 5.32 14,676.88 JUVENILE DELINQUENCY PREVENTION FUND 9389.10 3.40 9.391.50 GRANTS 1,014,000.89 245.86 3,722.89 1,010,523.96 JUSTICE COURT TECHNOLOGY 93,00.75 476.41 93,52L16 JUSTICE COURT BUILDING SECURITY FUND 059.16 22.19 4,981.35 LATERAL ROAD PRECINCT 01 3,737.83 1.35 3.739.18 LATERAL ROAD PRECINCT #2 3,737.93 1.35 3,739.18 LATERAL ROAD PRECINCT #3 3,737.83 1.35 3,739.18 LATERAL ROAD PRECINCT #4 3,737.83 1.35 3,739.18 LANGUAGEACCESS FUND 3,885.33 220.41 4,105.74 JUROR DONATIONS -HUMANE SOCIETY 3,355.64 61.22 3,416.86 JUROR DONATIONS- VETERANS SERVICES 1,483.44 60.54 1,543.98 JUSTICE COURT SUPPORT FUND 15,697.70 1,130.69 16.828.39 PRETRIAL SERVICES FUND 89.699.35 32.51 89,731.86 LOCAL TRUANCY PREVENTIONIDIVERSION FUND 30,467.38 466.22 30,933.60 LAW LIBRARY 206,963.20 1,055.02 1.266.94 206,751.28 LAW ENF OFFICERS STD. EDUC. (LEOSE) 28,867.86 668.61 29,536.47 POC COMMUNITY CENTER 47,506.44 17.22 3,809.23 43,714.43 RECORDS MANAGEMENT -DISTRICT CLERK 193.29 0.79 19408 RECORDS MANAGEMENT COUNTY CLERK 252,240.38 2,951.43 255.191.81 RECORDS MGMT & PRESERVATION 68,703.63 L184.89 69,888.52 ROAD & BRIDGE GENERAL 3,261,099.11 92,704.70 1,353,803.81 OPIOD REMED]ATION FUND 40.479.17 14.67 40,493.84 6MILE PIERBOAT RAMP INSURIMAINT 16,233.84 5.98 16,239.72 CAPITAL PRO]- BOGGY BAYOU NATURE PARK 393.883.07 393,893.07 CAPITAL PROD AMERICAN RESCUE PLAN ACT OF 2021 1,149,584.63 152,947.89 996,636.75 CAPITAL PROD KING FISHER PARK 49,615.00 48,615.00 CAPITAL PROJ MAG INDIANOLA BEACH PAVILLIONS 167,166.67 167,166.67 CAPITAL PRO]- CDBG DR INFRASTRUCTURE 783A65.06 783,465.06 CAPITAL PROD-CDBG-MIT INFRASTRUCTURE 499,999.77 499999,77 CAPITAL PRO] CHOCOLATE BAYOU BOAT RAMP 169,595.01 169.595.01 CAPITAL PROJ - ELECTION MACHINES (0.001 (0,00 CAPITAL PROJ-LOCAL ASSISTANCUDUBAL CONSISTENCY 161,184.74 161.184.74 CA%TAL FRO -JAM ROOF 500.000.00 500,000.00 CAPITOL PRO]- OLIVIA HATERIUS PARK IMPROVMENTS 112,392.00 11239200 CAPITAL PRO' -RB INFRASTRUCTURE 224,245A4 224,245.44 CAPITAL PROJ ENERGY TRZ #1 149,84130 149.841.30 CAPITAL PROD- BRIGHTON ROAD BRIDGE 938.300.00 938,500.00 CAPITAL PRO' AIRPORT RUNWAY IMPROVEMENTS 77,461.35 77,461.35 CAPITAL PRO] MAGNOLIA BEACH EROSION CONT 70,000.00 90000 00 CAP PROI MAG BEACH RESTORATIOW CRABBIN BR - 21,917.69 21,917.69 CAPITALPR0J.- EMS TRAINING BUILDING 275J100.00 37,456.09 237,543.01 CAPITAL PROJ EVENT CENTER 79,927.09 79,927.09 CAPITAL PROJ FIRE TRUCKS & SAFETY EQUIP 6,449.69 6,448.69 CAPITAL PROJ - GREEN LAKE PARK 8,984.79 8.984.79 CAPITALPROJ HATERIUS PARKBOAT RAMP _ - CAPITAL PRO HOG BAYOU IMPROVEMENTS 6276.69 6,276.69 CAPITAL PROJ PORT ALTO PUBLIC BEACH 0.00 000 CPR]- SWAN POINT SHORELINE RESTORATION 98776.00 98,776.00 CAPITAL PRO] HURRICANE HARVEY FEMA 0.00 - CAPITALPROJ IMPROVEMENTS PROJECTS 0-00 CPR'- SWANP POINT BULKHEAD IMPROVEMENT 15000.00 15,00D.00 CAPITALPROJ HOSPITAL IMPROVEMENTS 2339602.66 2,661.11 2,336,94155 CAPITAL PROD -MMC LOANS 2,050,0D0.00 1501000.00 2,200,000.00 ARREST FEES 1,253.40 292.68 661.82 884.26 BAIL BOND FEES (HE 1940) 1,455.00 255.00 1,455.00 255.00 CONSOLIDATED COURT COSTS (NEW) 2,011.91 789.30 1,981.83 819.38 CONSOLIDATED COURT COSTS 2020 24074.58 6,821.65 22,07433 6,821.90 DNA TESTING FUND 259.02 0.36 8199 250.39 DRUG COURT PROGRAM FUND -STATE 6.72 4. I 6.46 477 T58.150,356.42 S Page 1 of 3 BEGINNING ENDING FUND FUNDBAIANCE RECEIPTS DISBURSEMENTS FUNDBALANCE OPERATING FUNDS -BALANCE-FORWARD S 58.150,356A2 S 12,780,549.35 S 7,640,764.14 63,290,140.63 ELECTION SERVICES CONTRACT 72,176.84 27.35 86.96 72,117.23 ELECTRONIC FILING FEE FUND 122.74 31.42 122.74 31A2 EMS TRAUMA FUND 1,119.90 365.46 993.33 492.03 FINES AND COURT COSTS HOLDING FUND INDIGENT CIVIL LEGAL SERVICE JUDICIAL FUND (ST. COURT COSTS) 7,847.31 57.30 0.00 7.847.31 57.30 - JUDICIAL & COURT PERSONNEL TRAINING FUND JUDICIAL SALARIES FUND 24.49 467.88 5.00 159.95 20.00 459.30 9.49 168.53 JUROR DONATION -TX CRIME VICTIMS FUND JUVENILE PROBATION RESTITUTION 1,068.0D 207.66 306.00 215.09 11068.00 298.57 LIBRARY GIFT AND MEMORIAL 42,601.56 15.44 42,617.00 MISCELLANEOUS CLEARING STATE CRIMINAL NON DISCLOSURE FEE FUND 16,274.01 264,386.92 265,792.01 14,868.92 REFUNDABLE DEPOSITS STATE CIVIL FEE FUND CIVIL JUSTICE DATA REPOSITORY FUND JURY REIMBURSEMENT FEE 2,000.00 1,269.06 1.99 196.35 416,80 L07 77.05 1,229.31 2.00 197.55 2,000.00 456.55 1.06 75.85 STATE CONSOLIDATED CIVIL FEE FUND SUBTITLE C FUND SUPP OF CRIM INDIGENT DEFENSE TIME PAYMENTS 4.905.98 5,155.86 98.04 155.41 1,954.00 1,604.90 39.29 156.87 4.737.98 5,W5.47 96.89 249.37 2,122.00 1,745.29 40.44 62.91 TRAFFIC LAW FAILURE TO APPEAR UNCLAIMED PROPERTY TRUANCY PREVENTION AND DIVERSION FUND 2,495.63 45,430.56 198.63 22B.22 32.39 33.25 2,531.67 85.58 192.18 45,462.95 146.30 BOOTCAMPIJJAEP 147.43 147.43 JUVENILE PROBATION 536.265.76 69091.37 77,002.86 529.354.27 S 58,890.644.81 $ 13JI9,481.10 $ 7,999,602.25 S 64,010,523.66 SUBTOTALS TAXES IN ESCROW 0.00 TOTAL OPERATING FUNDS OTHER FUNDS D A FORFEITED PROPERTY FUND SHERIFF NARCOTIC FORFEITURES CERT OF OB-CRTHSE REF SERIES 2010 CERT OF OB-CRTHOUSE I&S SERIFS 2012 CAL. CO. FEES & FINES 33,774.33 54.605.04 390,335.79 31.124.49 89.160.14 465.74 64.82 136,369.86 229.35 106 871.50 725.10 10,000.00 81 680.51 34,240.07 53,944.76 516,705.65 31,352.94 114.351.13 s TOTAL OTHER CO. FUNDS MEMORIAL MEDICAL CENTER OPERATING MONEY MARKET INDIGENT HEALTHCARE PRIVATE WAIVER CLEARING FUND CLINIC CONSTRUCTION SERIES 2014 NH ASFORD NH BROADMOOR NH CRESCENT NH FORT BEND NH SOLERA NH GOLDEN CREEK NH SOLERA DACA 1,294.572.95 606,6D5.19 9,925.38 436.21 541.86 328,626.06 321,041.05 431,954.52 83.437.23 449,339.86 305,424.37 0.00 4,355,962.09 1.586.12 4,165.20 0.52 0.64 411,240.39 594,651.18 846,888.27 339,683.70 706,511.99 523,446.30 4,748,293.23 4.919.87 622,807.09 764.142.72 1,019,688.30 317,853.84 1,013,054.90 746,750.97 902,241.81 608,191.31 9,170.71 436.73 542.50 117,059.36 151,549.51 259,054.49 105.267.09 142.796.95 82.119.70 NH ASHFORD DACA 0.00 NH BROADMOOR DACA 0.00 NH GULF POINTE PRIVATE PAY 324.00 14,012.13 13.934.88 401.25 NH GULF POINTE MEDICARFJ MEDICADE NH BETHANY SENIOR LIVING NH TUSCANY VILLAGE TOTAL MEMORIAL MEDICAL CENTER FUNDS 171,385.86 502,470.06 523.787.2 186,986.51 871681.63 543773.52 339,280.99 1,180,455.41 954.784.04 19,091.38 197,696.28 112.776.60 $ 5,029,771.72 9,404.590.19 S 11,725.966.24 S 2 708 395.67 DRAINAGE DISTRICTS NO.6 NO.8 NO. 10-MAINTENANCE 41,153.59 153.729.57 108.930.84 S 2,920.59 3,776A6 1,703.91 $ 149.83 184.32 205.20 43,925.34 157,321.71 110,429.45 NO. 11-MAINTENANCOOPERATING 313,121.34 44,320.29 1,618.08 355,823.55 NO. 11-RESERVE TOTAL DRAINAGE DISTRICT FUNDS 228,076.17 271.07 22 47 4 845011.50 S 52.992.12 S 2.156A3 S 895.847.29 CALHOUN COUNTY WCID Nl OPERATING ACCOUNT PAYROLLTAX 160,576.60 1.594.79 733.05 17398.40 174.74 143,911.25 IA20.05 TOTALWCIDPUNDS $ 162.171.39 CALHOUN COUNTY PORT AUTHORITY MAINTENANCE AND OPERATING 91655.58 S 1006.65 92662.13 CALHOUN COUNTY FROST BANK 1,880.87 $ 5.00 1,875.87 6,130,491.06 58 589.06 S 11 728127.67 S 3,844,112.36 TOTAL MMC, DR. DIST., NAV. DIST, WCID & FROST $ 65,620,135.66 S 22,822,070A3 $ 19,820,13553 $ 68,605,230A7 TOTAL ALL FUNDS Page 2 of 3 AIV LESS: CERROFDEPI FUND OUTSTNDG DEN PLUS: CHECKS BANK FUND BALANCE OTHER TEMS OUTSTANDING RALANCE OPERATING • S 6010.523.66 $ 224222.16 S 978,328.76 6,264,630.26 58,500,000.00 OTHER D A FORFEITED PROPERTY FUND 34,240.07 425.60 33,914.47 SHERIFF NARCOTIC FORFEITURES 53.944.76 82.00 54.026.76 CERT OF OB-CRTHSE REF SERIES 2010 516,705.65 3,100.66 513404.99 CERT OF OB-CRTHOUSE I&S SERIES 2012 31,352.84 29.81 31,323.03 CAL. CO FEES & PINES 114,351.13 11,833.60 5,251.70 107,769.23 MEMORIAL MEDICAL CENTER OPERATING 902.241.81 1,214,570.68 2,116,812.49 MONEY MARKET 60B.191.31 608.191.31 INDIGENT HEALTHCARE 9.170.71 4,154.31 569.51 5,585.91 PRIVATE WAIVER CLEARING FUND 436.73 436.73 CLINIC CONSTRUCTION SERIES 2014 542.50 542.50 NH ASHFORD 117.059.36 117,059.36 NH BROADMGOR 151,54%51 151,549.51 NH CRESCENT 259,054A9 259,054.49 NH FORT BEND 105,267.09 105,267.09 NH SOLERA 142,796.95 142,796,95 NH GOLDEN CREEK $2,119.70 82,119.70 NH SOLERA DACA 0.00 NH ASHFORD DACA 0.00 _ NH BROADMOOR DACA 0.00 - NH GULF POINTE PRIVATE PAY 401.25 401.25 NH GULF POINTE MEDICADE1 MEDICARE 19,091.38 19,091.38 NH BEPHANY SENIOR LIVING 197,696.28 197,696.28 NH TUSCANY VILLAGE 112,776.60 112,776.60 DRAINAGE DISTRICT: N0.6 43,925.34 22.00 43,947.34 NO.8 157,321.71 12.00 157,333.71 NO. 10 MAINTENANCE 110.429A5 110.429.45 NO. 11 MAINTENANCE/OPERATING 355.823.55 1,679.04 354,144.51 NO. I I RESERVE 229,347,24 228,347.24 CALHOUN COUNTY W CID RI OPERATING ACCOUNT 143.911.25 143,911.25 PAYROLLTAX 1,420.05 1.420.05 CALHOUN COUNTY PORT AUTHORITY MAINTENANCE/OPERATING "" 92,662.23 92,662.23 CALHOUN COUNTY FROST BANK 1,875.87 1,875.87 TOTALS fi860 A7 5874 1 219883.65 12 558621.94 °• THE DEPUSI'1'UKY FOR CALHOUN COOKY WCIO IS IN'I hRNA'1'lUNAL BANK OF COMMERCE -PUKI'LAVACA •"• THE DEPOSGURY FUR CALHOUN CO. NAVIUNI ION UIS'I'RICI'IS FIRS 'INN] IONAL BANK - FUR'I'LAVACA `•`• THEDEPOS11ORY FUR CALHOUN COUNTY FROS'r IS F'RUS'r BANK- AUS'I'IN,'1'EXAS •°*" EASTWEST BANK CDs -$23910,042.61 *•3` NEXBANK MONEY MKT ACCT-DALLAS, TEXAS.$37,498,291.89 THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS PROSPERITY BANK, PORT LAVACA Court costs and fees collected and reported may not be current and up -to to u to non�compli a by otl er county offices I hereby certify that the current balances are correct to all monies that have been me i Ife o ty as f t i to t s report. I .1. 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R K J Z Z¢ J a O O O O O O O O_ O O O O O m'¢ J K' n '' J m O C O w w w O a M¢ Q¢.a ¢¢ ¢ Q Q a¢¢¢¢¢¢¢ a a¢¢ a¢¢ m QQ O O z K w aa0000Uo❑o❑0000pp LL-. f.7 53533 aM_S:5:la LL'KKR'OmU6000UVVUoUUUUUUUUUUUU UUU¢m0U❑p ww F a 8 V V N m o � N Gay Vp 16 Y Vj O 2 aso z N d F pmm ❑ W �5E ❑ K 4E4 =.6 U N #18 NOTICE OE MEETING 8/28/2024 18. Approval of bills and payroll. (RHM) MMC Bills: RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pcti SECONDER: Vern Lyssy, Commissioner Pct`2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese County Bills: RESULT: APPROVED [UNANIMOUS]; MOVER: David Hall, Commissioner Pct l SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese ` adjourned 10:40am Page 15 of 15 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---August 28 2024 TOTALS TO BE APPROVED - TRANSFERRED FROM ATTACHED PAGES nAl$lib'R'pJ`�t0�`.b'tH6����}71„1Ut.BiVa/lfdP'.V44fENkiS,_... 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R/Fk\ §!) )k7 @®g \ 2§\q)(2[ ®®§ \\\\ \)) §§2§ | - -! `Q§ - \( f MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---August 28 2024 PAYABLES AND PAYROLL 8/22/2024 Weekly Payables 345,501.69 8/22/2024 Patient Refund 2,938.16 8/26/2024 HHSC(HVAC App.Fee)- Critical 5,000.00 8/26/2024 McKesson-3408 Prescription Expense 10,984.66 8/26/2024 Amerlsource Bergen-340B Prescription Expense 12,845.62 8/26/2024 Payroll Liabilities -Payroll Taxes 129,791,83 8/26/2024 Payroll 408,330.99 Prosperity Electronic Bank Payments 8/26/2024 90 Degree Benefits -employee Insurance claims 48,413.00 8/26/2024 90 Degree Benefits - employee insurance claims 35,358.31 8/26/2024 HPHG- health insurance claim payments 69,065.05 8/26/2024 Sales Tax - Miscalculation for 3/31/24 1,222.67 8/26/2024 EClinicalWorks - EMR Outpatient Clinic 481.25 9/26/2024 Pay Plus -Patient Claims Processing Fee 341.35 TRANSFER BETWEEN FUNDS FROM MMC TO NURSING HOMES 8/22/2024 MMC Operating to Ashford-UHC QIPP Q3 2024 84,419.30 8/22/2024 MMC Operating to Solera-UHC QIPP Q3 2024 24,845.13 8/22/2024 MMC Operating to Fort bend-UHC QIPP Q3 2024 26,461.03 8/22/2024 MMC Operating to 6roadmoor-UHC QIPP Q3 2024 31,449.36 8/22/2024 MMC Operating to The Crescent -Insurance payment deposited Into MMC Operating in error/UHC QIPP YR7 June 2024 41,315.86 8/22/2024 MMC Operating to Golden Creek Healthcare -Correction of insurance payment deposited Into MMC Operating in error/UHC QIPP 03 2024 144,974.07 9/22/2024 MMC Operatmgto Tuscany Village-Correctlon of insurance payment deposited into MMC operating in error/UHC QIPP Q3 2024 42,817.33 8/2212024 MMC Operating to Bethany -Correction insurance payment deposited Into MMC Operating In error/UHC QIPP 02 2024 84,429.30 NURSING HOME UPL EXPENSES 8/26/2024 Nursing Home UPL-Cantex Transfer 1,191,699.57 8/26/2024 Nursing Home UPL-Nexion Transfer 123,234.65 8/2612024 Nursing Home UPL-Tuscany Transfer 364,615.30 8/26/2024 Nursing Home UPL-HSLTransfer 144,091.74 QIPP CHECKS TO MMC 8/26/2024 Ashford - WelipointJune & Q3 hospital portion 42,032.13 8/26/2024 Broadmoor -Wellpoint June & Q3 hospital portion 15,653.49 8/26/2024 Crescent - Wellpoint June & Q3 hospital portion 11,590.95 8/26/2024 Fort Bend - Wellpoint June & Q3 hospital portion 13,147.01 8/26/2024 Solera - Wellpoint June & Q3 hospital portion 12,507.62 8/26/2024 Golden Creek - Superior Q3 & YRS Adj 3 hospital portion 22,542.54 8/26/2024 Bethany -Superior 43 & YR5 Adj 3 hospital portion 14,921.92 8/26/2024 Tuscany - Wellpoint June & Q3 hospital portion 24,553.11 TRANSFER OF FUNDS BETWEEN NURSING HOMES 8/26/2024 Crescent to Tuscany -Tuscany insurance payment deposited into Crescent in error 17,500.00 8/26/2024 Tuscany to Crescent -Crescent insurance payment deposited Into Tuscany in error 7,488.00 INTER -GOVERNMENT TRANSFERS 8/26/2024 IGT UC to be paid August 30, 2024 318,325,39 ,..'j, �6 : ,B`��'fl'�N..,�Rb�.F_. _ ;-._ .._� �-T �._� �,Rn,.� •��_s�J��.r°���a'�.. v :y r a3'$c�y84# NOUN 01 UNYY AUd MEMORIAL MEDICAL CENTER 08/22/2024 0 12:42 AUG 2 2 2024 AP Open Invoice List ap_open_Invoice.template Due Dates Through: 09/13/2024 Vendor# endor Na qqe����{{ Class UNTy,fw§ Pay Code 11283 ACE HARWWAROEU1552 Invoice# Comment Trap Dt Inv Dt Due Dt J073124 08119/202 071311202 Check Dt Pay Gross Discount No -Pay Net 09/11/202 748.93 0.00 0.00 748.93 Vendor Totals: Number Name Gross Discount No -Pay Not 11283 ACE HARDWARE 15521 748,93 0.00 0.00 748,93 Vendor# !Vendor Name Class Pay Cade R1200 v ADTCOMMERCIAL /Invoice# Comment Tran DI Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net J 156993212 08/20/202 08/07/202 09/061202 58.43 0.00 0.00 58A3 %.Ot.2H--9.-3 2 Vendor Totals: Number Name Gross Discount No -Pay Net R1200 ADT COMMERCIAL 58.43 0.00 0.00 58A3 Vendor# ,Vendor Name Class Pay Code 13180 / ADVANCED STERILIZATION PRODUCT Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Not 8020716123 08/21/202 07/30/202 08/291202 432.73 0.00 0.00 432.73 ✓, Vendor Totals: Number Name Gross Discount No -Pay Net 13180 ADVANCED STERILIZATION PRODUCT 432.73 0.00 0.00 432,73 Vendor#/Vendor Name Class Pay Code Al746 J ALPHA TEC SYSTEMS INC M Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net J INVO0125397 08/21/202 061111202 06/26/202 142,76 0.00 0.00 142.76 SUPPORT Vendor Totals: Number Name Grass Discount No -Pay Not A1746 ALPHA TED SYSTEMS INC 142.76 0.00 0100 142.76 Vendor#/ Vendor Name Class Pay Code 14028 '✓ AMAZON CAPITAL SERVICES Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net / ./ iXTW1YLYCXHD 08/14/202 081091202 09/08/202 17.313 0.00 0.00 17.38 .,/1PTVFXTCCXil 08114/202 08/09/202 09108/202 290.53 0.00 0.00 290.53 J 1YJHHN7MC6PF 08/14/202 08/09/202 09/08/202 86.95 0.00 0.00 86.95 ✓ iHLQHJ9J361G 08121120208/14/20209113/202 129.85 0.00 0.00 129.65 SUPPLIES J1GC41 F3VFGJV 08/21/202 08/16/202 09111/202 44.69 0.00 0100 44.69 SUPPLIES J 1XWP1MD7KCCK 08121/202 08117/202 09/11/202 61.46 0.00 0.00 61.48 J SUPPLIES J11J9WHWQRDXJ 081211202 08119/202 09/111202 113.94 0,00 0.00 113.94 SUPPLIES Vandor Totals: Number Name Gross Discount No -Pay Net 14028 AMAZON CAPITAL SERVICES 744.62 0.00 0.00 744.62 Vendor# / Vendor Name Class Pay Code A1749 AMERICAN CATHETER CORPORATION M Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net / 46072 08/01 /202 07103/202 07/111202 780.67 0.00 0.00 780.67 SUPPLIES Vendor Totals: Number Name Gross Discount No -Pay Net A1748 AMERICAN CATHETER CORPORATION 780.67 0.00 0.00 780.67 Vendor#/ Vendor Name Class Pay Code 14664 AMERICAN TRAUMA SOCIETY / Invoice# Comment Tran Dt Inv Dt Due Ot Check Dt Pay Gross Discount No -Pay Net J 081924 08/20/202 08/19/202 08/1 9/PO2 /SYfU1mo'��Y�1 540,00 0.00 0.00 540.00 �ObJZ D'JYS � 11l16- It�ICA 0 24 08i21/20206/l9/20208 9/202 540.00 0.00 0.00 .00 Vendor Totals: Number Name Gross Discount No -Pay Net 14684 AMERICAN TRAUMA SOCIETY 11080.00 0.00 0100 1,080.00 Vendor#/Vendor Name Class Pay Code A1360 V AMERISOURCEBERGEN DRUG CORP W Invoice# Comment Tom Dt Inv Dt Due Dt Check Dt Pay Gross Discount No•Pay Net 8047 053 07/23/202 07/191202 09/11/202 7.84 0.00 0.00 7.84 INVENTORY Vendor Totals: Number Name Gross Discount No -Pay Net A1360 AMERISOURCEBERGEN DRUG CORP 7.84 0.00 0.00 7.84 Vendor# yendor Name Class Pay Code 15456 AMERITEX ELEVATOR SERVICES INC Invoice# Comment Tran Ot Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net J20250102 08/19120208/01/20208/01/202 750.00 0.00 0.00 750.00 / Vendor Totals: Number Name Gross Discount No -Pay Net VJ 15456 AMERITEX ELEVATOR SERVICES INC 750.00 0.00 0.00 750.00 Vendor#/ Vendor Name Class Pay Code 14556, APRIL KUBALA Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay 080824 Gross Discount No -Pay Net 08/2112�020^8^/08120208/081202 60.00 0.00 0.00 60.00 / sV�lj \ " b, w) a Dwr-e, ` ,J Vendor Totals: Number Name V Gross Discount No -Pay Net 14656 APRIL KUBALA 60.00 0.00 0.00 60.00 Vendor # Vendor Name Class Pay Code 12800 � AUTHORITYRX, LLC Invoice# Comment Tran Ot Inv Dt Due Dt Check Ot Pay Gross Discount No -Pay Net J7000054395 08121/202 08113/202 08/14/202 11,511.53 0.00 0.00 11,511.53 / ✓ PHAflM SVCS Vendor Totals: Number Name Gross Discount No -Pay Net 12800 AUTHORITYRX, LLC 11.511.53 0.00 0.00 11,511.53 Vender# Vendor Name Class Pay Code 61160 BAXTER HEALTHCARE Vv Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net JInvoice# 82540419 08/21/202 06124/202 07/191202 286.22 0.00 0.00 286.22 SUPPLIES 82568296 08/21/202 07/01/202 07/26/202 21,76 0.00 0.00 21.76 SUPPLIES 82573520 OB/21/20207/02/20207/27/202 631,20 0.00 0.00 631.20 ✓ SUPPLIES J 82574640 08/21/202 07/02/202 07/27/202 3,071.40 0.00 0,00 3,071.40 JSUPPLIES / 62579465 OB/21/20207103120207/28/202 42.75 0.00 0,00 42.75 �/ SUPPLIES „J B2668606 00/21/202 07/291202 08/23/202 192.25 0.00 0.00 192.25 ,f PROP TAX J82686510 00/211202 08/01/202 08/26/202 631,20 0.00 0.00 631.20 J SUPPLIES J82691174 SUPPLIES O8/21/20208//002/20208/27/2I0�2 UP( o 6 0 j. 24 - q, d M, �r3,071.40 Z` 0.00 0.00 3,071.40 J V 82696454 08/@1/ 0208/05/20208150/202 193.80 0.00 0.00 193.80 SUPPLIES J 82714682 08/211202 08/08/202 09/021202 172.54 0.00 0.00 172.54 / / SUPPLIES J 82722640 08/21/202 08/10/202 09/04/202 147.17 0.00 0.00 147.17 J SUPPLIES 82744351 08/2'1/20208/15/20209/09/202 64,12 0.00 0,00 64.12,// SUPPLIES Vendor Totals: Number Name Gross Discount No -Pay Net B1150 BAXTER HEALTHCARE 8,525.81 0.00 0.00 8,525.81 Vendor# /Vendor Name Class Pay Code 8BECKMAN COULTER INC M Involce# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net 111490966 08/01/202 08/081202 09/071202 345.68 0.00 0.00 345.68 4543188 08107/202 08/03/202 09/021202 1,484.00 0.00 0.00 1,484,00 .J J 111483511 08/07/202 08105/202 08/30/202 746.01 0.00 0.00 745.01 J111483958 05107/202 08/05/202 09/04/202 13,510,97 0,00 0.00 13,510.97 J111484282 08/071202 08/05/202 08/31/202 202.23 0.00 0.00 202.23 J111486430 08/07120208/06120209/05/202 410.70 0.00 0.00 410.70 J J 111496640 08112/20206/12120209/111202 2,274.21 0.00 0.00 2,274.21 1/ J111491776 08/14/202 08/09/202 09/081202 52,16 0.00 0.00 52.16 J J111500613 08/21/20207113/202 OB/07/202 137.12 0.00 0.00 137.12 " SUPPLIES 111499068 OB/21/20208/05/20208130/202 158.00 0.00 0.00 158.00 / J SUPPLIES J 111504786 08/21/202 08/051202 08/30/202 199.80 0.00 0.00 199.80 / ✓ SUPPLIES J 111500666 08/21/202 08113/202 09/07/202 3,245,74 0.00 0.00 3,245.74 J SUPPLIES ./ 111497765 081211202 08/13/202 09/071202 309,15 0.00 0.00 309.15 SUPPLIES J 111499326 08121/202 08113/202 09107/202 3,245,74 0.00 0.00 3,245.74,J SUPPLIES J111508969 08/21/202 08119/202 09/131202 137.12 0.00 0.00 137,12 Vendor Totals: Number Name Gross Discount No -Pay Net B1220 BECKMAN COULTER INC 26,457.63 0.00 0100 26,457.63 Vendor# Vendor Name Class Pay Code 11224 CABLES AND SENSORS Involce# Comment Tran 01 Inv Dt Due Dt Check Dt Pay Grass Discount No -Pay Net J176334 08107/202 08/051202 091041202 364.00 0100 0.00 364.00 / ✓ Vendor Totals: Number Name Gross Discount No -Pay Net / 11224 CABLES AND SENSORS 364.00 0.00 0.00 364.00 Vendor#! Vendor Name JJJ class Pay Code C1325 CARDINAL HEALTH 414, INC. W Comment Tran Dt Inv DI Due Dt Check Dt Pay Gross Discount No -Pay Net JInvoica4 8003593392 08/20/202 08/01/202 08126/202 703.73 0.00 0.00 703.73 J Vendor Totals: Number Name Gross Discount No -Pay Net C1325 CARDINAL HEALTH 414, INC. 703.73 0.00 0.00 703.73 Vendor# Vendor Name Class Pay Code 14260,/ CAREFUSION SOLUTIONS, LLC Invoice# Comment Tran Dt Inv Dt Due Dt Check D1 Pay Gross Discount No -Pay Nei / 10023388606 08/20/202 08/071202 09/01/202 1,788.00 0.00 000 1.788.00✓ J10023388614 08120/202 08/07/202 09/01/202 2,00 0.00 0.00 2.00 Vendor Totals: Number Name Gross Discount No -Pay Net 14260 CAREFUSION SOLUTIONS, LLC 1,790.00 0.00 0.00 1,790.00 Ventlor#/Vendor Name Class Pay Code C1992 J CDW GOVERNMENT, INC. M Invoice# Comment J Tran Dt Inv Dt Due Dt Check Ot Pay Gross Discount No -Pay Net 8058216 08121/20208/01/20P 08/31/202 292.44 0.00 0.00 292A4J JSA72852 08/21/20208/05f20209/04/202 4,055.94 0.00 0.00 4,055.94 J JS675587 08121/202 08107/202 09/06/202 1'809.89 0,00 0.00 11809.89 J Vendor Totals: Number Name Gross Discount No -Pay Net C1992 CDW GOVERNMENT, INC. 6,158.27 0.00 0.00 6,158.27 Vendor# Vendor Name J Class Pay Code 12768 CHEMAQUA Invoice# Comment Tran Dt Inv Dt Due Dt Check Di Pay Gross Discount No -Pay Net 6800190 08/20/202 08/10/202 08/201202 593.69 0.00 0.00 593.69 J Vendor Totals: Number Name Gross Discount No -Pay Net 12768 CHEMAQUA 593.69 0.00 0.00 593.69 Vendor#/Vendor Name Class Pay Code C1730✓ CITY OF FORT LAVACA W Invoice# Comment Tran Dt Inv Ot Due Dt Check Dt Pay Gross Discount No -Pay Net ✓081424 08/21/202 08/14/202 091051202 20.70 0.00 0.00 / 20.70 ./ 'lol N �Vir ►ni r/v J 081424A 08/21720208/14/202'09/05/202 727.68 0.00 0.00 727,68 915 N.Vir�iniO-C'-�. Vendor Totals: Number Name Gross Discount No -Pay Net C1730 CITY OF PORT LAVACA 748.38 0.00 0.00 748.38 Vendor#/Vendor Name Class Pay Code 15368./ COLONIAL PENN LIFE INSURANCE Invoice# Comment Tran Dt Inv Dt Due Dt Check DI Pay Gross Discount No -Pay Net ✓MYEWAY0001 08121/202 08/121202 08/121202 20.00 0.00 0.00 20.00v/ KOPJAM0001 08/21/202 08/121202 08112/202 20.00 0.00 0.00 20.00✓ J BLEEVE0001 08121/202 06/12/202 08/12/202 20.00 0.00 0.00 20.00 J Vendor Totals: Number Name Gross Discount No -Pay Net 15368 COLONIAL PENN LIFE INSURANCE 60.00 0.00 0.00 60.00 Vendor/t ylendor Name Class Pay Code 13052 COURTNETHURLKILL /Invoice# Comment Tran Dt Inv Dt DueDt Check Dt Pay Gross Discount No -Pay Net 081324 08120/202 08/13/202 08113/202 11500.00 0,00 0.00 1,500,00 J Vendor Totals: Number Name Gross Discount No -Pay Net 13052 COURTNE THURLKILL 1,500.00 0.00 0.00 1,500.00 Vendor# /Vendor Name Class Pay Code 12264 v/ CROSSROADS MECHANICAL, INC Invoice# Comment Tran DI Inv Ot Due Dt Check Dt Pay Gross Discount No -Pay Net 10205 061211202 07/26/202 081261202 `5w-e 694.57 ---G..x 0.00 rC% 0.00 94'57- LABOR PLANT OPS s -_I;:-�C. L' Vu J Vendor Totals: Number Name Gross Discount No- ay Net 12264 CROSSROADS MECHANICAL, INC 694.57 0.00 0.00 Vendor# endor Name Class 7CYGNUS Pay Code C1443 MEDICAL LLC M Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount NaPay Net J 459454 08/211202 08108/202 09107/202 419.00 0.00 0.00 419.00 / ••/ Vendor Totals: Number Name Gross Discount No -Pay Net C1443 CYGNUS MEDICAL LLC 419.00 0.00 0.00 419.00 Vendor# /Vendor Name Class Pay Code 11308 •/ CYRACOM LLC Invoice# Comment Tran Dt Inv Ot Due Ot Check Ot Pay Gross Discount No -Pay Net 2024051728 081051202 07/311202 09/11/202 431.34 0.00 0.00 431.34 070124.073124 Vendor Totals: Number Name Gross Discount No -Pay Net 11368 GYRACOM LLC 431.34. 0,00 0.00 431.34 Vendor# Vendor Name Class Pay Code 13032„/ DAWN MAREK Involce# Comment Tran Dt Inv DI Due Dt 082124 08/22/20206/21120208/21/202 Check Dt Pay Gross Discount No -Pay Net 446.60� _f,fC. (An�vnc-e., sll� - 446.60 0100 9/'zolzy 0.00 Vendor Totals: Number Name Gross Discount No -Pay Net 13032 DAWN MAREK 446,60 0.00 0.00 446.60 Vendor# /Vendor Name Class Pay Coda 10368 DEWITT POTH & SON Invoice# Comment Tran Dt Inv Dt Due Ot Check Ot Pay Gross Discount No -Pay Net J7640400 08/01/202 08/09/202 09/03/202 225.99 0.00 0.00 226.99 SUPPLIES Vendor Totals: Number Name Gross Discount No -Pay Net 10368 DEWITT POTH & SON 225.99 0.00 0.00 225.99 Vendor 8## endor Name Class Pay Code 14800 DIRECTV ENTERTAINMENT HOLDINGS Invoice# Comment Tran Dt Inv Ot Due Dt Check Ot Pay Gross Discount No -Pay Net J088862205X240812 081201202 08/12/202 06/311202 489.85 0,00 0.00 489.85 / ✓ Vendor Totals: Number Name Gross Discount No -Pay Net 14800 DIRECTV ENTERTAINMENT HOLDINGS 489.85 0.00 0.00 489.85 Vendor# (Vendor Name Class Pay Code 10789 J DISCOVERY MEDICAL NETWORK INC Invoice# Comment Tran Ot Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net JMMC081524 06/20/202 08115/202 08/161202 74,658.88 0.00 0.00 74,658.88✓ / Vendor Totals: Number Name Gross Discount No -Pay Net 10789 DISCOVERY MEDICAL NETWORK INC 74,658.88 0.00 0.00 74,658.88 Vendor# yvendorName Class Pay Code 11291 DOWELL PEST CONTROL Comment Tran Dt Inv Dt Due Ot Check Ot Pay Gross Discount No -Pay Net JInvoice# / 34718 08120/202 08119/202 08/19/202 40.00 0.00 0.00 40.00 ✓ Vendor Totals: Number Name 11291 DOWELL PEST CONTROL Vendor# Vendor Name Class Pay Code 11216 JDUTCH OPHTHALMIC USA Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay J2213655 08/19/202 07/24/202 08/23/202 Vendor Totals: Number Name 11216 DUTCH OPHTHALMIC USA Vendor#/ Vendor Name Class Pay Code 14508 ,/ EITAN GROUP NORTH AMERICA, INC Involcalf Comment Tran Dt Inv Dt Due Dt Checic Dt Pay J IN1057051 C18121/20208/16/20208/21/202 SUPPLIES Vendor Totals: Number Name 14508 EITAN GROUP NORTH AMERICA, INC Vendor# endor Name Class Pay Code 11284EMERGENCY STAFFING SOLUTIONS Involce# Comment Tran Dt Inv Dt Due Dt Check Dt Pay 43477 081201202 08115/202 08/25/202 Vendor Tatels: Number Name 11284 EMERGENCY STAFFING SOLUTIONS Vendorit Vendor Name Class Pay Code 13016 j FIRST INSURANCE FUNDING nvaice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay 080924 08120/202 08/091202 09/01/202 Vendor Totals: Number Name 13016 FIRST INSURANCE FUNDING Vendor# Vendor Name Class Pay Code F. 00FISHER HEALTHCARE M Invoice# Comment J3878916 Tran Dt Inv Ot Due Dt Check Dt Pay 08121 /202 07/17/202 08/16/202 1/4375363 08/21 /202 08/06/202 09/05/202 J4413203 08/21/202 08/07/202 09/01/202 J4413204 08121/202 081071202 091011202 J 4449887 08/211202 08108/202 09102/202 Vendor Totals: Number Name P1400 FISHER HEALTHCARE Vendor# endor Name Class Pay Code 12636 FUSION CONNECT Involce# Comment J1029224586 Tran D1 Inv Dt Due Dt Check Ot Pay 08/21/202 071161202 08115/202 Vendor Totals: Number Name / 12636 FUSION CONNECT Vendor#. /Vendor Name Class Pay Code 12404 J GE PRECISION HEALTHCARE, LLC Involcelt Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net 40.00 0.00 0.00 40,00 Gross Discount No -Pay Net 808.50 0.00 0.00 808.50 / ✓ Gross Discount No -Pay Net 808.50 0.00 0.00 808.50 Gross Discount No -Pay Net 221.27 0.00 0.00 221.27 / ✓ Gross Discount No -Pay Net 221.27 0.00 0.00 221.27 Gross Discount No -Pay Net 40,062.50 0.00 0.00 40.062.50 Gross Discount No -Pay Net 40,062.50 0.00 0.00 40,062.50 Gross Discount NaPay Not 3,812.96 0.00 0.00 3.812.96 Gross Discount No -Pay Net 3,812.96 0.00 0.00 3.812.96 Gross Discount No -Pay Not 491.21 0.00 0100 491.21 52,60 0.00 0.00 52.60 1,248.36 0.00 0.00 1.248,36 164.00 0.00 0.00 164.00 10,021.40 0.00 0.00 10,011.40 J Gross Discount No -Pay Net 11,977.57 0.00 0.00 11,977.57 Gross Discount No -Pay Net 879.58 0.00 0.00 879.58 / J Gross Discount No -Pay Net 879.58 0.00 0.00 879.58 Gross Discount No -Pay Net j600272.6149 08114/202 08/011202 08/311202 SUPPLIES J6002703792 08/21/20208/01120208/31/202 SUPPLIES J202922967 08/21/202 08/01/202 08131/202 SUPPLIES Vendor Totals: Number Name 12404 GE PRECISION HEALTHCARE, LLC Vendor# Vendor Name Class Pay Code 10642 GLAXOSMITHKLINE PHARMACUETICAL Invoice# Comment Tran Dt Inv Dl Due Dt Check Dt Pay 82690 3 08/211202 06/281202 08/011202 8254 947 08121/202 08/121202 09/01/202 Vendor Totals: Number Name 10642 GLAXOSMITHKLINE PHARMACUETICAL Vendor# Vendor Name Class Pay Code 13148Z/GRACE FLOORING AND GLASS nvolce# Comment Tran Dt Inv Ot Due Dt Check Dt Pay 2762 08121120204110/202 04/10/202 Vendor Totals: Number Name 13148 GRACE FLOORING AND GLASS Vendor# ,Vendor Name Class Pay Code W1300 �f GRAINGER M Invoice# Comment 9171086367 Tran DI Inv Ot Due Ot Check Dt Pay 07/24/20207/03120209/11/202 .J Vendor Totals: Number Name W1300 GRAINGER Vendor# endor Name Class Pay Code 10334 FIEALTH CARE LOGISTICS INC Comment Tran Ot Inv Ot Due Dt Check DI Pay JInvoice# 309574823 08121/202 08/13/202 09/071202 Vendor Totals: Number Name 10334 HEALTH CARE LOGISTICS INC Vendor# pendor Name Class Pay Code 10804 HEALTHCARE CODING & CONSULTING Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay J15319 00/211202 07/31/202 08130/202 CODING SVCS Vendor Totals: Number Name 10804 HEALTHCARE CODING & CONSULTING Vendor# Vendor Name Class Pay Code 14916 JHEWLETf-PACKARD Invoice# Comment f100000303576 Tran Dt Inv DI Due Di Check DI Pay 08/20/20208/19/202 Vendor Totals: Number Name 14916 HEWLETT-PACKARD Vandorll Vendor Name Class Pay Code 15620 YHHSC Invoice# Comment J 082224 Tran Dt Inv Dt Due Dt Check Dt Pay 08/22/20208/22/2020B/22/202 998.84 0.00 0.00 998.34 998.34 0.00 0.00 998.34 f 0.00 0.00 91,95 91.95 Gross Discount No -Pay Net 2,088.63 0,00 0.00 2,08m Gross Discount No -Pay Net -2,914,93 0.00 0.00 -2,91 9,057.02 0.00 0.00 9 .02 Gross Discount No -Pay Net 6.142.09 0.00 0.00 6,142.09 Gross Discount No -Pay Net 431.87 0.00 0.00 431.87 ✓ Gross Discount No -Pay Net 431.87 0.00 0.00 431.87 Gross Discount No -Pay Net 1,706,33 0.00 0.00 1,706.38 Gross Discount No -Pay Net 1,706,33 0.00 0.00 1.706.33 Gross Discount No -Pay Net 140.14 0.00 0.00 140.14 Gross Discount No -Pay Net 140.14 0.00 0.00 140.14 Gross Discount No -Pay Not 119.60 0.00 0.00 119.50 J Gross Discount No -Pay Net 119.50 0.00 0.00 119.50 Gross Discount No -Pay Net 573.53 0.00 0.00 573.53 J Gross Discount No -Pay Net 573.53 0.00 0.00 573.53 Gross Discount No -Pay Net ` 6,000.00 0.00 0.00 5,000.00 V HVAC CONSTRUCTION APP Vendor Totals; Number Name 15620 HHSC Vondor# endor Name Class Pay Code 15208HOSPITAL CARE CONSULTANTS INC. invoice# Comment Tran Dt Inv Ot Due Dt Check Dt Pay J 6616 08/20/202 08/15/202 08/25/202 Vendor Totals: Number . ` 1 Name PmVI 15208 HOSPITAL CARECONSULTANTS INC. Vendor# endor Name Class Pay Code 10530 HUMANA Invoice# Comment Tran Dt Inv On Due Dt Check Dt Pay fELLLES0001 08/20/202 08/12/202 08/12I202 Vendor Totals: Number Name 10530 HUMANA Vendor# endor Name Class Pay Code 11108 ITERSOURCE CORPORATION Invoice# Comment Tran DI Inv Dt Due Ot Check Dt Pay 711785 VVV 08/21/202 07/19/202 07/191202 Vendor Totals: Number Name 11108 ITERSOURCE CORPORATION Vendor# endor Name Class Pay Code K0530CI USA M Invoice# Comment Tran Dt Inv Dt Due Ot Check Dt Pay J32766566 07/17/202 08/111202 091101202 J32683963 08101/20206/27/20207/171202 J32705171 08/01/20207112/20208/11/202 Vendor Totals: Number Name K0630 KCI USA Vondor# endor Name Class Pay Cade 15200 MANAGED CARE PARTNERS INC. Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay .,/ 6488 081201202 09101/202 09/01/202 PROF FEES 9/24 Vendor Totals: Number Name 15200 MANAGED CARE PARTNERS INC. Vendor# /Vendor Name Class Pay Code M2.178,/ MCKESSON MEDICAL SURGICAL INC Comment 21816123 Tran Dt Inv Dt Due Ot Check Dt Pay 1/Invoice# 06/01/20203/081202041151202 J21766392 08/14/202 021271202 03/13/202 21799491 08/14/20P 03/05/202 04/15/202 Vendor Totals: Number Name M2178 MCKESSON MEDICAL SURGICAL INC Vendor# /uendor Name Class Pay Code 12588 V MEDICAL TECHNOLOGY ASSOCIATES Invoice# Comment Tran Dt Inv Dt Due DI Check DI Pay Gross Discount No -Pay Net 5,000.00 0.00 0,00 5,000.00 Gross Discount No -Pay Not 23,663.00 0.00 0.00 23,663.00 Gross Discount No -Pay Not 23.663.00. 0.00 0.00 23,663.00 Gross Discount No -Pay Net 54.06 0.00 0.00 54.06 V/ Gross Discount No -Pay Net 54,06 0.00 0.00 54.06 Gross Discount No -Pay Net 2,775.00 0.00 0.00 2,775.00 ✓ Gross Discount No -Pay Net 2,775.00 0.00 0.00 2,775.00 Gross Discount No -Pay Net 1,317,50 0.00 0.00 1,317,50 1,976.25 0.00 0100 1,976.25 1,976.25 0.00 0.00 1,976.25 Gross Discount No -Pay Net 5,270,00 0.00 0.00 5,270.00 Gross Discount No -Pay Net 500.00 0.00 0.00 500.00 Gross Discount No -Pay Net 500.00 0.00 0.00 500.00 Gross Discount No -Pay Net / 699.60 0.00 0.00 699.60�/ 3,479.69 0.00 0.00 3,479.69 135.53 0.00 0.00 135.63 Gross Discount No -Pay Net 4,314.82 0.00 0.00 4,314.82 Gross Discount No -Pay Net JINV244034 08/07/202 07131/202 08/30/202 Vendor Totals: Number Name 12588 MEDICAL TECHNOLOGY ASSOCIATES Vendor" 'Vendor Name Class Pay Code 10613 MEDIMPACT HEALTHCARE SYS, INC. A/P fInvoice# 080724 Comment Tran Dt Inv Dt Due Dt Check Dt Pay 08/2D/202 061071202 08/07/202 Vendor Totals: Number Name 10613 MEDIMPACT HEALTHCARE SYS, INC. Vendor# J Vendor Name Class Pay Code M2470 MEDLINE INDUSTRIES INC M Comment Tmn Dt Inv Dt Due Dt Check Dt Pay JInvoice# 2328913850 08/01/20207124/20208/18/202 J2328072379 08/07/202 07/24/202 08/18/202 SUPPLIES J 23309455411 08107/202 08/131202 09/071202 2330193402 08107/202 08/141202 09/08/202 2330601195 08/071202 081141202 09/08/202 J2330193405 CREDIT 08/14120208107/20209/01/202 2330601196 08/144202 08/09/202 09/03/202 2330103409 08/14/202 08114/202 091OW02 J2328913651 08/21/202 07/30/202 08/24/202 ,f 2331131330 08/21/202 08/14/202 09/08/202 SUPPLIES J2331131331 08/21/202 08/141202 09/08/202 SUPPLIES J 2331131326 08/21 /202 08/14/202 09/08/202 SUPPLIES 2331131328 08/21/202 08114/202 09/081202 SUPPLIES .,/233131332 08/21/202 08/141202 09108/202 SUPPLIES ..,` 2331131337 08/21/202 08/14/202 09/08/202 SUPPLIES 2331131333 08/21/202 08/14/202 09/08/202 SUPPLIES J2331131335 08121/202 08/141202 09/081202 J2331131325 SUPPLIES 08/211202 08/14/202 09/081202 SUPPLIES ✓2331131327 081211202 08/14/202 09108/202 SUPPLIES J 2331131329 08/211202 08/14/202 09/08/202 SUPPLIES 2331131338 08/21120208/14/20200/08/202 SUPPLIES 5,011.70 0.00 0.00 5.011.70 Gross Discount No -Pay Net 5.011.70 0.00 0.00 5,011.70 Gross Discount No -Pay Not R97 0.00 0.00 9.97 Gross Discount No -Pay Net 9.97 0.00 0.00 9.97 Gross 185.31 1,206.86 158.88 30.46 -52.50 1,654.72 -330.06 135.52 23.74 52.50 13,43 Discount No -Pay 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 48.45 0.00 340.92 0.00 291.19 0.00 5.62 0,00 1,435.52 0.00 0.00 0.00 0.00 0.00 0.00 5,318.08 0.00 0.00 366.37 0.00 0.00 291.19 0.00 0.00 330.06 0.00 0.00 22.32 0.00 0.00 Net 185.31 1,206.86 15e.88 30.45 -52.50 1,654.72 v/ -330,00 135.52 23.74 ✓ 52.50 , J 13.43 V 48.45 !� 340.92 V 291A9 V/ 5.62 1,435.52 '✓ 5,318.08 366.37 291.19 J 330.06 J 22.32 J J 2331339312 08/21/202 08/151202 09/09/202 17.41 0.00 0.00 17.41 ✓ SUPPLIES J 2331789455 08/21/202 08119/202 09/131202 111.84 0.00 0.00 11IIA4 SUPPLIES Vendor Totals: Number Name Gross Discount No -Pay Not M2470 MEDLINE INDUSTRIES INC 11,657.82 0.00 0,00 11,657,82 Vandono Vendor Name Class Pay Code M2621 MMC AUXILIARY GIFT SHOP W Comment Tran Dt Inv Dt Due DI Check Dt Pay Gross Discount No -Pay Net JInvolce# 081424 08/20/202 08/151202 08/15/202 599.24 0.00 0.00 599.24,,/ Vendor Totals: Number Name Gross Discount No -Pay Net M2621 MIMIC AUXILIARY GIFT SHOP 599,24 0.00 0.00 509.24 Vendor#( Vendor Name Class Pay Code 10536'/ MORRIS & DICKSON CO, LLC Involce# Comment Tran Dt Inv Ot Due Dt Check DI Pay Gross Discount No -Pay Net / J2319563 08/19/20208/i 2120208122/202 6,244.92 0.00 0.00 6,244.92 JcM46720 08120120208/09/20208/19/202 -201.63 0.00 0.00 -201.63 v% 2315635 081201202 08/111202 08121/202 530.05 0.00 0.00 600.05 J 2313500 08/20/20208/11120208/21/202 617.37 0.00 0.00 617.37 V%/ J2315534 08/20/202 08/11/202 08121/202 551.42 0.00 0.00 551.42 v J2319562 08120/202 08/121202 08/22/P02 13.91 0.00 0.00 13.91 1% 2324139 08120/202 081131202 08/231202 28.96 0.00 0.00 28.96 V fI 2324140 08/20/202 08/13/202 08/23/202 116.14 0.00 0.00 116.14 V I �j 2328270 08/21/20208/14120208/241202 10543 0.00 0.00 105.43 .,12329665 08/21/20208/14/20208125/202 246.53 0.00 0.00 246,53 V J2329666 08121 /202 08/14/202 08/25/202 241.25 0.00 0.00 241.25 J2326621 08/21/202 08/141202 08/25/202 4,7B2.98 0.00 0.00 4,702,98 / 2328271 08/21/202 08/14/202 08/25/202 143.06 0.00 0.00 143,06 ,✓ J 2329567 08121/202 08/14/202 08125/202 2,346.08 0.00 0,00 2,346.0B J / 2327204 08/21/202 08/14/202 08/25/202 12.24 0.00 0.00 12.24 1,/r J 2331501 08/21/20208/15120208/251202 4,702.98 0.00 0.00 4,782.98 V J6997 08121 /202 08/15/202 08/251202 117.50 0.00 0.00 117.50 ,J CM47677 08121/202 08/15/202 08125/202 -4,690.30 0.00 0.00 -4,699.30\/ CREDIT 1 ,I2334296 08/21/202 08/15/202 08/26/202 15.42 0100 0.00 15.42 V% J6996 OB121/202 08/15/202 08/251202 299.53 0.00 0,00 299.53 V 2334297 00/21/202 081161202 08/25/202 f 2339862 08121/20208/18/20209/10/202 2339863 �J 08/211202 08118/202 09/10/202 2342618 00/211202 08119/202 09/10/202 2344756 013/21/20208/19120209110/202 J2344757 08121/202 08/19/202 091101202 f2350123 08121/202 08/201202 08130/202 2347546 V 08/21/202 08/20/202 08/30/202 J2347544 08/211202 08/20/202 08/30/202 If CM48657 081211202 08/20/202 08/30/202 J2350122 OB/21 /202 08/20/202 08/30/202 J2347545 08/211202 08/201202 08/30/202 Vendor Totals: Number Name 10536 MORRIS & DICKSON CO, LLC Vendor# Vendor Name Class Pay Code 13548 NACOGDOCHES TRANSCRIPTION I Invoice# Comment Tran Dt Inv Of Due Of Check Dt Pay �j 8454 08/20/202 08/06/202 08/16/202 J 8465 08/20/202 08/19/902 08/29/202 Vendor Totals; Number Name 13548 NACOGDOCHES TRANSCRIPTION Vendor# Vendor Name Class Pay Cade 12388 JNATIONAL FARM LIFE INSURANCE Invoice# Comment Tran Of Inv Ot Due Dt Check Of Pay 4282298 00120/202 08112/202 09/011202 Vendor Totals; Number Name 12388 NATIONAL FARM LIFE INSURANCE Vendor# Vendor Name Class Pay Code 120Z7 NEOGENOMICS LABORATORIES Invoice# J7641829 Comment Tran Of Inv Of Due Dt Check Of Pay 08/191202 05/311202 05/31/202 1/770597 08/19/202 06/30/202 06130/202 17847978 08119/202 07/31/202 07131/202 Vendor Totals: Number Name 12096 NEOGENOMICS LABORATORIES Vendor# Vendor Name Class Pay Code 13624 NEXION HEALTH AT NAVASOTA ING Invoice# Comment Tran Of Inv Dt Due Dt Check DI Pay 622.63 0.00 0,00 622.63 1v 526.11 0.00 0.00 526.11 V 285.43 0.00 0.00 285.43 V/ 11 B.12 0.00 0.00 118.12 V 3.40 0.00 0.00 3.40 207.60 0.00 0.00 207,80 ✓/ 1,299.44 0.00 0.00 1,299A4 0.39 0.00 0.00 0.39 68.32 0.00 0,00 68.32 -4.02 0.00 0.00 402 4,615.75 0.00 0.00 4,615.75 V/ 180.47 180.47 V/ 0.00 0.00 Grass Discount No -Pay Net 24,218.68 0.00 0.00 24,218.68 Gross Discount No -Pay Net 79,24 0.00 0100 79.24 141.26 0.00 0.00 141.26 " Gross Discount No -Pay Net 220.50 0.00 0.00 220.50 Gross Discount No -Pay Net 2,513.20 0.00 0.00 2,513.20 J Gross Discount No -Pay Net 2,513.20 0.00 0.00 2,513.20 Grass Discount No -Pay Net p '✓ 11200.00 0.00 0.00 1.200.00 ✓ 2,744,00 0.00 0.00 2,744.00 d 2,388.00 0.00 0.00 2,388.00 Gross Discount No -Pay Net 6,332.00 0.00 0.00 6,332,00 Gross Discount No -Pay Net 036 081191202 08/12/202 081121202 1,800.00 0,00 0.00 1,80t7,90' Vendor Totals: Number Name Gross Discount No -Pay Net 13624 NEXION HEALTH AT NAVASOTA INC 1,800.00 0.00 0.00 11800.00 Vendor# jVendor Name Class Pay Code 015o0 V/ OLYMPUS AMERICA INC M Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Not V 36584473 08/21/202 071241202 08/20/202 1,584.89 0.00 0.00 1,584.89 Vendor Totals: Number Name Gross Discount No -Pay Net 01500 OLYMPUS AMERICA INC 1,584.89 0.00 0.00 1,584.89 Vendor#rVandorName Class Pay. Code 01416 ORTHO CLINICAL DIAGNOSTICS fInvoice# Comment Tran Dt Inv Ot Due Ot Check Dt Pay Gross Discount No -Pay Net / 1853665331 08/01/202 08/121202 09/111202 752.16 0.00 0.00 752.1E ✓ J 185365903E 08/071202 08/06/202 09/05/202 160.99 0.00 0.00 160,99 ✓ Vendor Totals: Number Name Gross Discount No -Pay Net 01416 ORTHO CLINICAL DIAGNOSTICS 913.15 0.00 0.00 913.15 Vendor# Vendor Name class Pay Code 60905V PERFORMANCE HEALTH M Invoice# Comment Tran Dt Inv Ot Due Ot Check Di Pay Gross Discount No -Pay Net JIN97907637 08/21/202 08113/202 091071202 197.55 0.00 0.00 107.55 SUPPLIES Vendor Totals: Number Name Gross Discount No -Pay Net S0905 PERFORMANCE HEALTH 197.55 0.00 0.00 197.55 Vendor# ondor Name Class Pay Code 14764 PL•CPR, LLC Invoice# Comment J331 Tran Dt Inv Ot Due Dt 08/20/20208119/20208/19/202 Check Dt Pay Gross 600.00 Discount 0.00 No -Pay 0.00 Net 600.00 Vendor Totals: Number Name Gross Discount No -Pay Nat 14764 PL-CPR, LLC 600.00 0.00 0.00 600.00 Vendor# endor Name Class Pay Code 10372 PRECISION DYNAMICS CORP (PDC) Invoice# Comment Tran Dt Inv Dt Due Ot Check Dt Pay Gross Discount No -Pay Nei J9356833615 OB/21/20207/311P0208/301202 204.36 0.00 0.00 204.36,/ Vendor Totals: Number Name Gross Discount No -Pay Net 10372 PRECISION DYNAMICS CORP (PDC) 204.36 0.00 0.00 204.36 Vendor# r Vendor Name Class Pay Code R1046 R & D BATTERIES INC M Involce# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net / V 1777775 08/01/20208107/20209/07/202 29.20 0.00 0.00 20.20� Vendor Totals: Number Name Gross Discount No -Pay Not R1045 R & 0 BATTERIES INC 29.20 0.00 0.00 29.20 Vendor#/Vendor Name Class Pay Code 155607 R&R PETRO SERVICE Involce# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net J2410631 08/211202 07131/202 081311202 2,543.76 0100 0.00 2,543.76 SOIL SAMPLES LABOR Vendor Totals: Number Name Gross Discount No -Pay Not 15560 R&R PETRO SERVICE 2,543.76 0.00 0.00 2.543.76 Vendor# Vendor Name Class Pay Code 11080RADSOURCE Invoice# Comment Tran Ot Inv Dt Due Ot Check Dt Pay Gross Discount No -Pay Net /P81002604 08/01/20208/12/20209111/202 1,791.67 0.00 OAO 1,791.67✓/ J PS1002687 08121/202 08/16/202 09/10/202 1,708.33 0.00 0.00 1,700.33 / RAO SVCS Vendor Totals: Number Name Gross Discount No -Pay Net 11080 RADSOURCE 31500.00 0.00 0,00 3,500.00 Vendor# Vendor Name Class Pay Code 11251 JRAPID PRINTING LLC Invoice# Comment Tran Ot Inv Dt Duo Dt Check Dt Pay Gross Discount No -Pay Not J24669 08/14/20208/18120208/23/202 60.00 0.00 0.00 60.00 Vendor Totals: Number Name Gross Discount No -Pay Nei 11251 RAPID PRINTING LLC 60.00 0.00 0.00 60.00 Vendor#/ Vendor Name Class Pay Code 11024 `r REED, CLAYMON, MEEKER & HARGET Involve# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Nei f31954 08/20/202 08/14/202 08/14/202 193.00 0.00 0.00 196.00 / Vendor Totals: Number Name Gross Discount No -Pay Net 11024. REED, CLAYMON, MEEKER & HARGET 196.00 0.00 0.00 196.00 Vendor# enoor Name Class Pay Code 15264 REPUBLIC PAIN SPECIALISTS Invoice# Comment Tran 01 Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net J36 06/13/20208/13/20209/13/202 3,000.00 0.00 0.00 3,000m Vendor Totals: Number Name Gross Discount No -Pay Net 15264 REPUBLIC PAIN SPECIALISTS 3,000.00 0.00 GAO 31000.00 Vendor# /Vendor Name Class Pay Code 12436� SHANNA O'DONNELL, FNP Invoice# Comment Tran DI Inv Ot Due Dt Check Ot Pay 11061324 08/20/202 08/13/202 08113/202 Gross 129.00 Discount 0.00 No -Pay 0.00 Net 129.00� VA -Am, l iUr�� u.-ewae� Vandor Totals: Number Name Gross Discount No -Pay Net 12436 SHANNA O'DONNELL, FNP 129.00 0.00 0.00 129.00 Vendor# Y/endor Name Class Pay Code 10936 J SIEMENS FINANCIAL SERVICES Invoice# Comment Tran Ot Inv Ot Due Dt Check Dt Pay Gross Discount No -Pay Net 56382400061967 08/20/20207125120208/20/202 4,038.24 0.00 0.00 4,038.24 V Vendor Totals: Number Name Gross Discount No -Pay Nei 10936 SIEMENS FINANCIAL SERVICES 4,038.24 0100 0.00 4,038.24 Vendor it JVendor Name Class Pay Code 10699 SIGN AD, LTD. Invoice# Comment Tran Dt Inv Dt Due Ot Check Dt Pay Gross Discount No -Pay Net 303462 08/20/202 08M 6/202 08/26/202 410.00 0.00 0.00 410.00 J 'RcCI�?C�+,rS� Lees 5(Y�c e. 8/2Fr - a/2ylay Vendor Totals: Number ame Gross Discount. No -Pay Net 10699 SIGN AD, LTD. 410.00 0.00 0.00 410.00 Vendor#/Vendor Name Class Pay Code 52353 SMITHS MEDICAL ASO INC /Involre# Comment Tran DI Inv Dt Due Dt Check Dt Pay Gross Discount No -Pay Net .J 17382674 08/21/202 07/18/202 08118/202 121.52 0.00 0.00 121.52 SUPPLIES Vendor Totals: Number Name Gross Discount No -Pay Net $2353 SMITHS MEDICAL ASO INC 121,52 Vendor& Vendor Name Class Pay Code 11296 SOUTH TEXAS BLOOD & TISSUE CEN Invoice# Comment Tran DI Inv Dt Due Dt CM12981 08120/20208/15/20209/09/202 Check Dt Pay Gross -2,810.00 / V 107042972 08/20/202 08/15/202 09/09/202 7,918.41 Vendor Totals: Number Name Gross 11296 SOUTH TEXAS BLOOD & TISSUE CEN 5,108.41 Vendor# Vendor Name Class T1450 JTEXAS ASSOCIATION OF COUNTIES IN Pay Cade Invoice# Comment Tran Dt Inv Dt Due Ot Check Dt Pay Gross J 123123 08/22/20208122120209/111202 2,639.10 04 2023 UNEMPLOYEMENT Vendor Totals; Number Name Gross T1450 TEXAS ASSOCIATION OF COUNTIES 2,639.10 r# Vendoendor Name Class Pay Code S1801 TRACT SHEFCIK W Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross JInvoice# 081324^ 08/20/20208/13/20208/13/202 1,500.00 �l��. ECWCa�'on V.6-m. S/3/2y Vendor Totals: Number Name Gross S1801 TRACI SHEFCIK 1500.00 Vendor# /Jondar Name Class Pay Cade T3334 TRINITY PHYSICS CONSULTING LLC W Comment Tran Dt Inv Dt Due DI Check Dt Pay Gross .,JInvoice# 036247 08/19/202 08/121202 09/11/202 1,800.00 Vendor Totals: Number Name T3334 TRINITY PHYSICS CONSULTING LLC VendorN JVendor Name Class Pay Code C2510 TRUBRIDGE M JInvoice# Comment Tran Dt Inv Dt Due Dt Check DI Pay T2408151378 08/21/20208/15/20208/I5/202 J47374 08/211202 08/21/202 08121/202 Vendor Totals: Number Name C2510 TRUBRIDGE Vendor /Vendor Name Class Pay Code U1064 UNIFIRST HOLDINGS INC Invoice# Comment Tran Dt Inv Ot Due Dt Check Ot Pay 4 2921039414 08/13/202 08/08/202 09/071202 / LAUNDRY V 2921039421 08/13/202 08/08/202 09/07/202 f2921039415 08/13/202 08/08/202 09/07/202 J 2921039419 08/13/202,08/08/202 09/07/202 J 2921039420 08/13/202 08/08/202 09/07/202 .�2921039416 08/13/20208/08/20209/07/202 J 2021039620 08/13/20208/12/20209/11/202 0.00 Discount 0.00 0.00 Discount 0.00 0.00 No -Pay 0.00 0.00 No -Pay 0.00 Discount No -Pay 0.00 0.00 Discount No -Pay 0.00 0.00 Discount No -Pay 0.00 0.00 Discount No -Pay 0.00 0,00 Discount No -Pay 0.00 0.00 Gross Discount No -Pay 1,800.00 0.00 0.00 t NI&OYJ Net ` -2,810.00 J 71918.41 V Net 5,108.41 Net 2,639.10 / Net ✓ 2,639.10 Net 1,500.00 Net 1,500.00 Net 11800.00 V Net 1,800.00 Gross Discount ND -Pay Net 10,404.40 0.00 0.00 10,404,40 3,626.00 0.00 0.00 3.626.00 V Gross Discount 14,030.40 0.00 Gross Discount 154.81 0.00 130.63 0.00 344,72 0.00 312A2 0.00 220.83 0.00 3,142.05 0.00 119.59 0.00 No -Pay 0.00 No -Pay 0.00 0.00 0.00 0.00 0.00 9ariu Net 14,030.40 Net / 154.81 136.63 �J 344.72 J/ 312.42 J 220.83 3,142.05 ✓ 119.59J/ 2921039619 08113/202 081121202 09/11/202 J2921040148 08/201202 07/16/202 08/10/202 Vendor Totals: Number Name U1064 UNIPIRST HOLDINGS INC Vendor# Vendor Name Class Pay Code U2000 � US POSTAL SERVICE Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay J081224 08/20/202 08/13/202 08/12/202 Vendor Totals: Number Name U2000 US POSTAL SERVICE Vendor# Pendor Name Class Pay Code 12208 WAGEWORKS 4'2052366 Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay 08120/202 081231202 08/23/202 Vendor Totals: Number Name 12208 WAGEWORKS Vendor# Vendor Name Class Pay code r 11110 J WERFEN USA LLC Involce# Comment Tran Dt Inv Ot Due Dt Check Dt Pay �J 911590352 08/21/202 08/15/202 091091202 Vendor Totals: Number Name 11110 WERFEN USA LLC VendorH/Vendor Name Class Pay Code 11400, WEST COAST MEDICAL RESOURCES Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay % V INV116004 08121/20207/23/20208/221202 SUPPLIES Vendor Totals: Number Name 11400 WEST COAST MEDICAL RESOURCES r;r--hors aili,Ynt.-'z Grand Totals; Gross Discount 359.043.19 0.00 ✓, 3,483.34 0.00 0.00 3,483.34 119.59 0.00 0.00 119.69 V Gross Discount No -Pay Net 8,033,98 0.00 0.00 8,033.98 Gross Discount No -Pay Net 2,200.00 0.00 0.00 2,200.00 Gross Discount No -Pay Net 2,200.00 0.00 0.00 2,200,00 Grass Discount No -Pay Net 475.25 0:00 0.00 475,25 „/ / Gross Discount No -Pay Net 475.25 0.00 0.00 475.25 Gross Discount No -Pay Net 1,571.67 0.00 0.00 1,571.67 tJ Gross Discount No -Pay Net 1,571.67 0.00 0.00 1,571.67 Gross Discount No -Pay Net 627.00 0.00 0.00 627.00 Gross Discount No -Pay Net 627,00 0.00 0.00 627.00 No -Pay Net 0.00 359, APROVED ON AUG 2 2 2024 '6t k4 "lCi$ 619- 3 OJ_OC '*v S c-a OAl CItdNOGiiUNi`i,Ii XAS - >•Y, S }.lOa-� SCIA-e5 -i-G.�jcc �J .~t 'n.b \�vOtc -S c'3 Loa L1'7 - y-1 rD RECEIVED By IM COUNTY AUDITOR ON RUN DATE: CO/23/24 AUG 2 2 2024 moRIAL 1 ro-L C7141ER PAR TIME: M43 EDIT LIST FOR PATIENT PEMMS FRI0.0001 APuE01T PATIENT CAMUN COUNTY, TEXAS PA°. PAT RWZR PAYER N,ey,E ➢ TE PAUNT CODE ME DESCRSPTIOR ATRI 1556100 0 / V 073124 „ 83.61. 3 REKND J 1605886 0 T% 77M , 082124 1914 2 REPCMO FC J 160642E 0 Ty. 77979 WINJ 30. CO 2 REFLNO FO 1607713 0 T% 77465 032224 J 2000.00 2 REF(Ol0 JT 608612 0 77995 P82124 357,57 2 REFON➢ FO T% 77979 1609290 01 082124 85,52 2 REFMMO FO J 1609963 OS 1X 77982 f 082124 / 25M7 2 MFDND FO J 1609987 01 Tx 77962 j 022124 / 68,25 2 REFt?YO FOR Tx 77951 16,10124 01 092124 j 50A0 2 REF,IRIO FOR TX 77979 ARID-0001 TOTAL 2930,16 .................................................................................. APPAOVP-6 ION T'6'PAL 2938.-6 q AUG 2 2 202 CART UN" MORI WOM MEMO By K Ctl�ttlNV)T�I Am" 04 AUG2V 20i4 08126/2024 MEMORIAL MEDICAL CENTER 11:28 CAL}1OUN 0("W Till AP Open Invoice List Due Dates Through: 09/1312024 VendorM Penclor Name Class Pay Code 15020 Q HHSC Involae8 Comment Tran Dt Inv Dt Due Dt Check Dt Pay J082224 ON2120208122120208/22/202 HVAC CONSTRUCTION APP Vendor Totals: Number Name 15620 HHSC Report Summa! y Grand Totals: Gross Discount 5.000.00 0.00 APPFtWN ON AUe 2 0np��,''o04 CAt�'l0�J'WW UNl 0A§ Grass Discount 5.000.00 0.00 Gross Discount 5,000.00 0,00 No -Pay 0.00 0 ap_open_invoice.template No -Pay Net 0100 51000.00 / No -Pay Net ✓ 0.00 5,000.00 Net 5,000.00 MSKESSON STATEMENT Cm'm rn uoou MEMORIAL MEDICAL CENTER ✓ ANT DUE REMITTED VIA ACH DEBIT AP Statement for information only 616 N VIRGINIA STREET PORT LAVACVACA T% 77979 VI As Of: 0812312024 Page: 002 To ensure proper cm& to your account, Mach and return tha Mob wRh your rem8tance r 8115 CuAs of: 0812312024 Page: 002 Customer INV 6upgD: Melt to: Comp: 8000 Territory: AMT DUE FIEm VIA ACH DEBITCustomer. 632536 Statement for for ei0fofafma10n Only Dale: 08/2412024 Cud: 632536 PIEASE CHECK ANY Date: 08/2412024 ITB,18 NOT PAID (+) a Rifling Dee Re.M.,, atonal Account Sup Cash Amount P Amount P Raeeleeble Date Date Number mt... Domulption Olecounl tiraw) F (n.I) F Numbm PF column I ... nuh P = Net Due item, F = Future Duo Item, bImIN = Currant Due It.. TOTAL: Wilmot And 632536 MEMORIAL MEDICAL CENTER stimule4: 11.208.85 USD F.W. Duo: 0.00 Due If Poiri On Time: If Mt! By 0012712024, USD •10,imil it Poet Due: 0.00 Pay This Amount: 10.984.66 USD Din lost 0 pel4 late: 224.19 last Payment 2,451.97 If Palo After 0812712024, Dua if Paf4 Late: 06107/2017 Pay this Amount: 11,208,65 USD USD 11,208.85 ) ^ E3 AUG'1'8 202A ^o I' 6 g r�y� 7y_1�y[� II L' 0 1� '• CALHOUNUNCOIYIdP'4. KS 7 0J + For AR Inquiries please contact 800-867-0333 MWESSON cama.Nv: nano WALMART 10981MEM MED PHS MEMORIAL MEDICAL CENTIM VICKY KALISEK 915 N VIRGINIA ST PORT LAVACA TX 77979 Onle9 pa10 Customer Numleer 256342 Carl 7/2024 08/2712024 08/17/2024 08127/2024 08117/2024 0007/2024 0611712024 08/2712024 0811712024 08/27/2024 0811112024 0812712024 08/19/2024 08/2712024 09/1912024 08/2712024 03/19/2024 08/2712024 08I1912024 0012712024 08I19/2024 U012712024 0811912D24 0812712024 0011012/124 08127/2024 08/1912024 08127/2024 0811912024 08I27/2024 06/1912024 08/27/2024 00/1912024 08/2P2024 08/1912024 OW2712024 00/1912024 00/2712024 08119f8024 0612712024 08/1912024 0012712024 00119/2024 0812V2024 08/1W2024 0812712024 0011W2024 06127/2024 STATEMENT As of. 08/2312024 Now 001 To ensure proper creeH to your aaeoaM. detach eM return Dole Nub with ywr remittance Cos 8115 Cos.., INV SupplD: As or: 00/2312024 Pe9e: 001 Mall to: Comp: 8000 AMT DUE RB41TTm VW ACH OMIT 7elRlery70: 7001 Statement for Inlormm100 Only AMT DUE REMITTED VIA ACH OMIT Creasman 2563A2 Statement tar infermali0n only Date: 08124/2024 Cast: 256342 PLEASE CHECK ANY Date: 08/2412024 ITEMS NOT PAID 1+) WALAIART 1098IMFM NED 7516267120 7515257121 7515257122 7515257123 7515257124 7515267125 7615519328 7515519329 7515519330 7515519331 7515519332 7515519333 7515519334 7515519315 7516510336 7515519337 7515519338 7515519339 7515519340 7515519341 7515519342 7515519343 70IDDID344 7515519345 Cash Ameanl P Amount P ReoeNa5le Datimpllee Olscount Kassel F (.11 F Number PHS 200617725 1151nvMce 0.01 0.63 0.82N 1/ 7515257120 207145602 1161nvoice 1,66 77.95 76.39{ ✓ 7515257121 201257403 1151nvoice 0.10 0.IUe f 7515257122 116604680 1151nvoice 5.23 261.50 256.27A 7515257123 206080777 1151nvoice 22.52 1.126.23 1, 103.71k ✓ '515257124 208116698 1151nvelce 0.01 0.32 0.31 x -/7515257125 208413640 1151nv01ce 1.10 56.22 54,12X ✓7515519328 206643854 11 filmmicn 0.01 1112 0.31N /7515519329 200032360 1961molca 5.23 201.00 2.9627h /7r,15519330 203174886 1451nvulce 18.67 933.27 914.60X ✓ 7615519331 205067250 1151nvaicn 17.12 855.76 R30.64 N ✓1515519332 208378208 1151nv01ce 0,02 0,96 0.93 k 7516519333 204043612 1151nvolce 0.01 0.63 0.62 k ✓ 7515519334 204105929 1151nv01co 0.at 0,32 0.31a 7515519335 207157178 1151nvulce 22.56 1,127.81 1, 105.25 A ✓ 7515519336 200037295 1651nvaice 0.02 0.95 0.93A Y7515519337 20811HO98 1151nv0lce 5.23 261.41 255.18x J 7515519338 200220671 115Imrm,e 5.23 261.41 256.18N 17515519339 200037295 1051nvmcr 4.30 214.86 210.55N ✓7615519340 206089777 1151m9ice 67.57 3,378.70 3.311.13 A, ✓7515519341 206427908 11filmvdc0 46.05 2.252.47 2,207.42 7i �Z!115519342 206211124 1151nvoho 0.01 0.32 0.31 k 77515519343 206245624 11 Wavelet, 0.01 0.32 0,31 + ✓7515519344 206572602 1151nv0ice 0.01 0.32 0.31 >1 ✓7515519345 APPROVED ON AUG 2 6 2U24 cALtIbl1ND CouNTY' TM- S For A2 Inquiries please contact 800-867-0333 MSKESSON STATEMENT As of: 0812312024 Page: 002 To ensure proper coastto your account, detach am mt. this camreny: also dub with your remitmnee DC: ails WALMART 100E/MEM MED ms CustomerIN Gemmel I70 SupplD: As of: 0012312024 Page: 002 Mail to: Comp: 8000 MWORAL MEDICAL CENTER,/ AMT DUE REMITTED VIA ACH OMIT 5element for Tertllory: ]001 Information only VICNY KALIBIX AMT DUE REMITTED VIA ACH DEBIT Statement for Information 815 N VIRGINIA ST V! Cuatamar: 288342 only PORT UVACA TX 77979 Dam: Oa12412024 Cum: 256342 PLEASE CHECK ANY Date: 08/24/2024 IT44S NOT PAID (0) Riling Duo Res.I.M.National Amount URP6 Dale Data Number Reference Cash Deactlptlon Dlecebnt Amount P Amount P I&cemble (gmaal F (.t) F Number PF column legend: P = Pam Duo Item, F o Future Due Item, blank = Current Due Item TOTAIa Customer Number 256342 WALMART 10881MEM MED PNS Subtotal.: 11,073.20 USD Future Uuo: 0.00 J Due If Paid On Time: If Paid SY 0312712024, USD 10,85177✓ Post Due: 0.90 Pay This Amount: 10.051.77 USD Dec loss If Pmtl late: Lure 10,708.30 If ttl Alter 2024, 221.49 Uue it Paid Ule: 12024m 06/10/2024 Pay this Amount: y Amount: 11,073.28 U8U USD 11,073.26 APPROva am J 2620244 C' (2 2 ppyYAUG For AR Inquiries please contact 800-867-0333 m:RCJav1Y STATEMENT As of: 0823/2024 Page: 001 To ensure proper coed„ to your account, detach and when this c.."'Y gees Bob with your remittance HFD PHCY 04341MEM MED RIS OC: 8115 Customer INV SuPP1D: As of: 00/23/2024 Pa„e: 001 Mail to: Certain 8000 AMT DUE REMITTED VIA ACH DEBIT ✓ Temlmy: 7001 Mrdd ORIAL MEDICAL CENTER Statement for Information only AMT DUE RBdITTED VIA ACH DEBIT VICKY KALISEK / customer. 190813 Statement for information only 815 N VIRONIA ST J Dale: 08/24/2024 PORT L VACA TX 7797E Coat: 190813 PLEASE CHECK ANY Date: 08124/2024 ITEMS NOT PAID (�( Bill Due Resaleable Ortler Cash Amount P Amount P Receivable Deto Date Number Reference Description Discount (Broke) F (net) F Number / 08121/2024 0027/2024 7515884111 4125170 1151nvolce 0,44 22.22 21J8x �r T5158B4111 PF column Ie9and: P Pest Due Item, F - Future Due Item, blank = Current Due Item TOTAL• Salacious: 22.22 USO Future Due: 0.00 If Paid By 0812712024, Due If Paid On Tlmo; USD 21.78 ke/ Past Duo: 0.00 Pay This Amount: 21.28 USD Disc lest H pald late; 0.44 last Payment 2,647.84 It Paid After 0612712024, Due If Peld late: 07/15/2024 Pay this Amount: 22.22 USD USD 22.22 APPROVEO ON £3(26%za2tF AUG 226200211l CAgg % b'Ury1 nAN For AR Inquiries please contact 800-867-0333 MSKESSON STATEMENT As n0 08/2312024 Page: 001 To a.m pmW much to your aoccand, death and return this c Mrl. Roos Net, with your mordants CVS PHCY 7416/MEM MC PHS OC: 8115 Customer INV Supplo: As of: 08/23/2024 Page: ODi Map to: Come: 8000 ANT DUE REMITTED VIA ACH DEBIT Tooftery: 7001 MEMORIAL MEDICAL CENTER Statement for information only AMT fED; In FICY DEBIT VICKY KALISEK Customer, 635437 Statement IPEAUT or 815 N VIRGINIA ST / PORT LAVACA TX 77979 J Date: OB/2d/202A Cum: 635437 PWASE CHECK ANY Date: 08/24/2024 ITB4S NOT PAID (+I 01111.0 Uu4 NNorealvebIrldlenal Aecmml gradA38 Cash Amount P Amount P Persivable Data Data N.c=41 Refrmxe Description Discount (gross) F (-t) F Number Customer Hummer 035437 CVS PHCY 7416IMEM MC PHS 08/2112024 06127/2024 7516083115 3468240 115Involne 0.07 3.67 3.601C 7516083115 O PF column Hamel: P = Past Due Item, F = Fuels Duo Item, blank = Current Due It.. TOTAL Customer Number 835437 CVS PNCY 7416/101E3A MC MS Sub'mals: 167 USD Few. Dua: 0.00 If Paid BY 0812712024, Past Due; 6.6D Pay This Amount: 3,60 USE, Lam Paymald 10,706.30 if Pald After 0812712024, 0811912024 Pay this Amount: 3.67 USD APPROVED ON AUGy2 6p20,'.4 CANLHOL1NDWtaNay, ' R15 For AR Inquiries plcuse contact 800.867-0333 Due If Rald On Timo: USD 3.60'1 Oisc ION If Paid faro: 0.07 Due If Pald Lear: USD 3.67 22L-{ m_Re�aVry STATEMENT As of: 0812312024 Pae:001 Toesempmpercredit toyour account, detach and Mum His Cam'., 0000 nine With your m onferme DC: 8115 As el: 08/23/2024 Page: Out CVS PHCY 7425IMEM Me MS AMT DUE REMITTED VIA ACH OMIT Cumomer INV SupplD: Territory: 7001 Mall to: Comp: HOW MEMORIAL MEDICAL CENTER / ✓ Sml.reml for Inermeflon only AIAT DUE REPAITT D VIA ACH OMIT VICKY KALISEK Customer: 835438 Statement /or ion only 815 N VIRGINIA ST j onto: 08/2412024 PORT LAVACA TX 77979 J Cush 835438 PLEASE CHECK ANY Onto: 0812412024 ITEMS NOT PAID Jr) Due atlenal Account 36 Recelvabl � Cash Amount P Amount P Receivable Gale Dole, Data Number ftotereneo pewdMlon Olseeunl Igrou) F Inel) F Number Customer Number 835438 CVS PHCY 74751MEM me PHS 00/21/2024 08127/2024 7516088090 3471133 1151nvolna D.09 4.50 4.41 X 1/ 751608809D 08121/2024 00127/2024 7516088091 3411133 1151nvoice 0.98 49.02 48.044 7516088091 B X PF column le0end: P = Past Due Item, F = Future Duo Item, blank = Currant Due Item TOTAL Customer Number 83543B CVS PNCY 7475/MBA Me PHS nonunion.: 63.52 USO Future Dual 0.00 Due If Paid On Time: N Paid By 08127I2024, USO 52.45-,/ Pant nue: 0.00 Fay This Amount: 52.45 USD Disc lost if old late: 1.07 Lest Paymom 8.341.07 H Ped After 0812712024. Due If Paid Iota: 0611212024 Pay fhl. Amount: 53,52 USO USO 53.52 APPROVED ON /� ( AUG �I � GJ 2c 8 7N2ry6A,220p2{4np CALHOUN CDUNtt�TFXAu For AR Inquiries please contact 800-867-0333 STATEMENT nomn+re. noon CV8 PHOY 80231MW Me FHS AMT DUE REMITTED VIA ACH D®IT MEMORIAL MEDICAL CENTER ✓ Stmumenl for information only VICKY KALISEK Bt5 N VIRGINIA ST PORT LAVACA TX 77979 A. of: 0812312024 Pepe: 001 To ensure pmper smdh to your account, Uatach and return this nub with. your nmManae OC: 8115 As of: 0812312024 Palle: 001 Customer INV SupplD: Mall to: Comp: 8000 Tenhery: 7001 AMT DUE REMITTED VIA ACH DEBIT Customer. 835434 Statement for information only Data; 08/24/2024 Cost: 836434 PLEASE CHECK ANY Dale: 08/24/2024 RREPAS NOT PAID (ce) mional AacouM UF]S11536 outn9 Due Avuivabl� DmEr Cash Amount P Amount P R4<elveble Date Data Number Refemams Oeecdpllan Olsnumt )pm4a) F 1nd) F Number 17 Customer Number 835434 CVS PNCY 9923IMEM MC PH$ �--I 08/21/2024 08127/2024 7616957260 3471069 115lovolco 0.011 49.02 46,04)( /7515967250 1 PF column lotions: P - Pact Duo Rare, F e Future Oun Itme, bionk a Currant Duo Item TOTAL Customer Number 839434 CV8 WRY 0923IMEM MC MS Subtotal.: 49.02 USD Future Due: 0.00 If Paid By 08/2712024, Past Duo: 0.00 Pay This Amount: teat Payment 8,341.07 It Paid After 0812712024, OB11212024 Pay this AmaunU APPROVED ON yy AUG 2yY6pALu20T24 pp CAI.HUUtd COUNiv,1T�ENAG Duo If Pald On Time: USD 48.04X 46.04 USD Oise lost R'Id Oita: 0.98 Due If Paid late: 49.02 USD UJJSD�� 49.02 / For AR Inquiries please contact 800-867-0333 STATEMENT ""my near HED RiCY WHSFIMEM MED PH AMT DUE REMITTED VIA ACH DEBIT MEMORIAL MEDICAL CFNTFR� / Statement for information only VICKY KAUSEK J WS N VIRGINIA ST PORT LAVACA TX 77979 As aY, 0012312024 OC: 8115 Customer INV SUPPED: Territory: 7001 Customer. 820405 Date: 08/2412024 Page: 001 To enalrre teaser med8 to your account, tlnteah aW retum this Mob wain your mmPlanee As of: 08/23/2024 Page: 001 Mall to: Comp: 8000 AMT DUE N@AITTED VIA ACH DEBIT Statement for information only Curt: 820405 PUASE CHECK ANY Data: O0/2412024 REIAS NOT PAID (r) atlonai Account 8 Oilling Duo Rea0mb { IA Cash Amount P Amount P Re.w bla Date Dalo Number Reference Descdytion Discount (grass) F (not) F Number T_ CaMomar Number 82040E H® RICY WNSFIMBA M® PHS 08/2312024 00/2712024 7516395542 82408-055A71190 1151nvolee 0.14 7.16 7.02 X 7516395542 PP column loge el: P m Post Due Item, F = Future Due Item, blank = Current Due Item TOTAL Customer Number 820405 HES PHCY WHSFIMEIK MED RIS Subtotals: 7.16 USO Future Due: 0.00 If lead By 0812112024, Past Due: D.00 Pay This Amount: Last Payment 10,708.30 II Paid After 0012712024, 08/1 R12024 Pay this Amount: 7.02 USD 7.16 USD APPROVED ON gg AUG 2 6 ?0?4 pp CA%5O U000A7Vtt�IT�XAS For AR Inquiries please contact 800-867-0333 Dua If Paid On Time: USO zo2"1 Did: lost N paid late: 0.14 Due Ii Niel Late: USO 7.16 ell z�l zc-z� STATEMENT Statement Number: 68069051 /81merisourc2Berg1911" Date: 08-23-2024 loft AMERISOURCEBERGEN DRUG CORP WALGREENS 012494 340E 1001352841037028186 12727 W. AIRPORT BLVD. MEMORIAL MEDICAL CENTER, / SUGAR LAND TX 774784101 1302 N VIRGINIA ST J PORT VNACA TX 779792509 Sol -Fn Due In 7 days DEA: RA0289276 856.451-9655 AMERISOURCEBERGEN PO BOM 905223 Not Yet Due: 0.00 CHARLOTTE NC 2829D-5223 Cuneoi: 12.845.62 Past Due: 0.00 Total Oue: 12,845.62 Accounl Balance: 12,845.62 Account Activity Document Due Reference Purchase Order Document Original Last Receipt Amount Received Balance Data Date Number Number Type Amount 0&19-2024 0030-2024 3iatloo 6m 7OD7353047 Inwice 8,759.63 0.00 / 3d69.63 08.10,2024 08-30.2024 31856D1950 7007355250 Invoice 162.50 0.00 J 162.58 08,1942024 05.30-2024 318MI951 7007364042 Invoice 11113.39 Rw ---/// 1,113.39 0809.2024 0840,2024 3185601952 7007375175 Oust. 3.573.3a 0.00 J 3,573,38 OB49.2024 0&30.2024 3185601953 M07375103 Invaim 61.66 O.Oe 61,68 08-20.2024 00-10.2024 31B5732813 700738M6 Invoke 2,600.01 0.00 2.600.01 0&20.2024 0430.2W4 31BW32814 7007383186 Invoice 162.58 0.00 J 162.58 08.200024 08.30-2D24 3185732315 70073URE40 Invoice 22.06 0.00 22.06 05-21-2D24 06.30.2024 318586736a 7007397182 Invoice 48558 0.00 .✓ 485.68 0&21-2024 0&30.2D24 31 M08736S 7007399297 Invoice 14.20 0.00 J/ 14.20 OB-21.2024 011-30.2W4 3165Ea736a 7007397253 IOvoloo 3.12 0.00 OU-22-2024 08.30.2024 3185939818 7190m7491 Invoice 26.70 0.00 26.70. 08-222D24 08342024 3186035562 7007407374 Invcica 831.44 0.00 831.4d 08-232024 O&30,2024 3186179001 7007410972 Invoice 29.29 1.00 29,29 Current 1.15 Days 16-30 Days. 31.60 Days 61.90 Days 91.120 Deys Over 120 Days 12.845.62 0.00 OA0 0.00 0.00 0." 0.00 Thank You for Your Payment Reminders Onto Amount Due Date Amount 08-23-2024 0,159.74) 9&30.2024 12.645.62 Totes Due: 12,845,6 J &12C:1-zoa4 APPROVED ON AUG 2 6 2024 GABLY& CRl)NiKITF.6 TOLL FEE PHONE NUMBER: 1-800-555-3453 (EFTPS TUTORIAL SYSTEM: 1-800-572-8683) "ENTER 9-DIGIT TAXPAYER IDENTIFICATION NUMBER" "ENTER YOUR 4-DIGIT PIN" ❑"MAKE A PAYMENT, PRESS 1" "ENTER THE TAX TYPE NUMBER FOLLOWED BY THE # SIGN" F"IF FEDERAL TAX DEPOSIT ENTER 1" "ENTER 2-DIGIT TAX FILING YEAR" "ENTER 2-DIGIT TAX FILING ENDING MONTH" 1ST QTR - 03 (MARCH) -Jan, Feb, Mar 2ND QTR - 06 (JUNE) - Apr, May, June 3RD QTR -09 (SEPTEMBER) -July, Aug, Sept 4TH QTR -12 (DECEMBER) - Oct, Nov, Dec "ENTER AMOUNT OF TAX DEPOSIT - FOLLOWED BY # SIGN" "1 TO CONFIRM" "ENTER W/CENTS AMOUNT OF SOCIAL SECURITY" "ENTER W/CENTS AMOUNT OF MEDICARE" "ENTER W/CENTS AMOUNT OF FEDERAL WITHHOLDING" F_16-DIGIT SETTLEMENT DATE" "1 TO CONFIRM" ❑ACKNOWLEDGEMENT NUMBER CALLED IN BY: CALLED IN DATE: CALLED IN TIME: anion ENTER: ###� I 0 941 # $ 129,791.83 1 0 $ 67,606.02 $ 15,809.18 $ 46,376.63 J:tAP-Payroll Files\Payroll Taxes12024W1B Ri MMC TAX DEPOSIT WORKSHEET 06.22.24AS $126/2024 941 REC/TAX DEPOSIT FOR MMC PAYROLL PAY PERIOD: BEGIN PAY PERIOD: END PAY DATE: GROSS PAY: DEDUCTIONS: AIR ADVANC BOOTS MUTUAL CRITICAL ILLNESS MUTUAL ACCIDENT IRS TAX MUTUAL SHORT TERM DIS MUTUAL VISION CAF&D CAFE•H CAFE.P CANCER CHILD CLINIC COMBIN CREDUN DENTAL DEP•LF MUTUAL TERM LIFE MUTUAL HOSP INDEM FED TAX FICA-M PICA-0 FICA4H ADDITIONAL FIRST C FLEX S FLX-FE GIFT S MUTUAL CRITICAL ILLNESS MUTUALACCIDENT MUTUAL SHORT TERM DIS LEGAL OTHER NATIONAL FARM LIFE MED SURCHARGE Blank RELAY REPAY STONEOF STONE STONE2 STUDEN TSAR UWIHOS TOTAL DEDUCTIONS: NET PAY: TOTAL CAFE 126 PLAN: rAXASLE PAY: $ 638,330.47 S 638 330.47 "CALCULATED" Fnm MMC R... A Difference -ICA - MED (ER) 145% $ 7,805.79 -ICA- MED(EE) i"% S 7.805.79 S 7.904.59 $ -ICA-SOC SEC (ER) on% S 33,376.49 'ICA -SOC SEC(EE) 52n $ 33,376A9 $ 33,803.01 $ (426.52 -ED WITHHOLDING $ 46,376,03 S 46,376.63 TAXDEPOSIT; a 12B,741.19 $ 129.791.83 FICA -MEDICARE xww S 15.611.58 $15.809.18 FICA -SOCIAL SECURITY rzwu $ 66.752.98 $87,606.02 PREPARED BY: FED WITHHOLDING $ 40,376.63 $46,376.63 PREPARED DATE: TOTAL TAX: $ 128r741A9 $129,791:83 $ (1,060.64) REVISED 3118r2014 TOTALS $ 538.330,47 S 260,00 S 325.00 S - f - S • S - $ 46,376.63 S T,904.69 $ 33.803.01 It S It 312.62 $ f - $ • S S 4.259,07 S • S - s - S - 6 - S - S - S 36,768.68 S - S 129,999.48 S 408,330.99 Exempt Amt. Employees over FICA -SS Cap: Michael Gaines Paycodo 8 • Employee Raim6.: TOTAL: S Andre Flores 812612024 919 RI MMC TAX DEPOSIT WOUSHEET 09 22.24.W TAX DEPOSIT WORXSHEET BW2024 Run Date: 08/26/24 RE40RIAL MEDICAL CElf:;R Page 110 Tide; 10:54 Payroll Register ( 11-weekly I PIPES Pay Period Oe/09/24 - O6/22/24 Run: _ anal Summary •-- Pa), Code PayCd Description ........... I........ S u T, m a r Y........................... .._......__..,._D e d u c t i o n s 9 u m i a r Rrs 'DrlsHIwS�HOIC31 Gross I code ArAuat Y ............. . ------------------ ------------------------------------------- 1 REGULAR pAY•S1 991i,00 N N N 234855.65 A/P. 1 REGULAR PAY-S1 1955.00 N N A N 90396.06 ADVACC 25C.00 A/R2 AWARDS A/R3 SCG.CV1 1 REGULAR PAY-S1 352.25 Y N 11 13940.03 BOOTS CAFE N CAFE -I 2 AEGl.1AR PAY-S2 2792.00 N 9 N 7557E.06 CAR-2 CAFE-3 CAFE-4 2 REGULAR PAY-32 124.00 Y 4 6 5292.04 CAFE-5 CAFE-C CAFE-0 3 REGULAR PAY-S3 1489.50 11 4 14 52998.07 CAFE-F CAFE-H CAFE-1 3 REGULAR PAY-S3 110.50 Y N 11 4884.23 CAF3-L CAFE-P CANCER 4 CALL BACK PAY 15.00 N 1 A it Y 722,13 CHILD CLINIC 325.00JC0ABTN CALL BACK PAY 13.50 N 2 N 11 Y 593.04 CRED➢N DD A.DV DENTAL 4 CALL BACK PAY 1.50 N 3 H N Y 231.06 DEP-LF ppIS-LF EAT 4 CALL SACK PAY .50 Y 2 N It Y 40.13 EATCSH 1425.OMEOTAX 46376,63jfm,-R C CAL:. PAY 2556.00 N 1 N N 5112.00 FICA-0 33803.014IRSTC FLEX S D DOUBLE TIME 7,25 N 1 N N 408.80 FLX FE FORT 0 Fur, A D DOUBLE TIME 15.50 N 2 N 11 1367,28 GIFT S 312, 62JG.%W GRP•:N D DOUBLE TIME 24.00 N 3 N N 2119.40 GTL HOSP-I HSA C DCUBLE TIME 2.00 Y 2 N N 281.18 20 TFT IfiSTA.X LEAP G DOUBLE TIME 16.75 Y 3 N II 2401.31 LEGAL M4SA NEALE E EXTRA RAGES N N L' N 5661.78 METVIS MiSC t9•SC/ E EXTRA WAGES '. N '. N 11 N 2375.75 MMCSNR MCOACC NODI•L INSERVICE 26.01 4 1 N N $41.32 MCOIAD "LiF MCOSTD i 3SERVICE 3.00 Y 1 N R 140.19 M.00VIS KAIFU OTHER N EXTENDED -ILLNESS -BANK 231,15 11 1 N. N 6200.83 PHI P.41"i PR FIN 2 PAID -TIN? -OFF 219.94 N N N N 5983.55 RELAY REPAY SRMS P PAID -TIME -OFF 681.75 N 1 N N 25511.22 SCP,UBS SIGNON ST-TX I CALL PAY 2 82.00 N 1 N N 164.00 STOL'DF STONE STONE2 I CALL PAY 3 48.00 N 1 N 11 '44 0^ 0L7 7904,591 2834.av of 'EN SUNACC SUNIIL ROBING SUNLLF SL14GTD SUNVIS SUP,CHG TPA-1 .TSA-2 TSA-C TEA" TSA-R 35760.56.hwiw UNIFOR (JOHOS --------•------- -- Grand To:als: 2086-..69 •-•••• ( Gross: 538330.47,/ Deductions: 129999,QJ Net: 408330.99� Checks Count:- F". 205 PT 13 Other 37 Feraee 227 Nate 27 Credit OVerAnt 17 Zerollet Term Total: 254 ........................... ........................... .............. .................... ....... ............................... Z�- •...::e I.,,;.� ']i?�&:.NT:L'T.+'.T.fii 3... yTy - Rx'?: `&t8u^�.. 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Mp. rA 6/Ia1Ye N]NMN l6 Mb Kq ]sl 5) AN I]eW1Yi YYMY $65.V IPoW GVRG LunIC U3WRrti yITBT N/mY Yay.36m Ku Ie151 tr r Mb ]I9WJ91e 41Ww)e wMGYAG fuxIC A51WRtt3 VU/Iob yU/A)e N)6p3610 ISKI 16 B WN IIMWW vbapUe Sn,e] MW 1bM UVAGfUNIf RfSWARi I 11} B HNNYe VNIw]. I1IINefo 19e IM 1 !1 B 1Pop11 }Ilbgld p 419M1e !N;)1 NN 1NbiE]1 1b)IMb ii11SYw I'Mll. ] bi 1 11 6 6 I11M61U p 1I. IfIN]pIS M01GlpI1p1I5NBHM3 ,. P 15i 1/IMr). MO. e111SNW 1W1 MAST ) ]8 M)1 11IPo11N WIN." .1. WIN. !M).W IVwWR4 WOMEY f11XN LSb[IRIIS ABs N9ry[il VBIMIe I.]Ulal Iwf 'KKO ]PiSI 1 II p ]pM }110.UY6 B ylbwb !IA)Ple I UMII]YAS NVM]I EAIMN IbI3i 1 1 p N). )IIpWY9 a HIeIMN fl.e];W l UN PI[MS I m AD] EryiO]1 =M., NfIMN IMI IbA 1pIM 1 R I MM ),6WIb} p NN/NI. 6Mi9 lfllXl[RL IAMBNUV UB;IM M NSbpn VSIM,. IfKM US iM1ll lU6p 3 ]1 IOiI ))]WRb p N1alN. 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NT/ir}1 $IY.65 uPrylYU1.NR Mp s Y q I MUIYI V)SIMII 9I,... )6Ie )UW 1 wle ]]dTlll NlWlrb 51p)U WaUMAR Mp 1 .N p13 4 .IILlWIWIWI a1NM1. IS]nWn )6ts ]uiw I 1 1W1 1]]IXd)J o N1N]p}. We.I, NLNAu lli AMe 5/IIIIYI "I'lom). 91 Wl. 1)SWPo1] r 41H1r}. $Mllb INWSMN MRIIpdS1 NURR1AHpINfIIIAI IY IIIAR I SMl]p]I 5/!]/.vei, ] M319) Wx ,6W1 l ]R N !) dm11 NWmb %W.I, I IMN YnMSUNIfNNurt ne 1p a15NW, )MMI, IWSim,a Wlnl NIbMM $)Y.N IPoM UVAG [IIXI[ASWMAIK IU VSIIY, VSRWI l,]6p56M 99 M)! 1)Ml6)e NVM1. )R)N 1PpM UVAG NNICUN6IAIK Ib PR I NS/1011 V)MN )6W I6]IL 3 19 o IPT )]M1IOY p P/19/Irb S;NIIW / INpUSMNMR11ppIM 3UMR UN611MPNY o IY IIUfi I )Ilil)pi, "Im, . ]/Illw]. 11A5.31r] lK}slfl✓ (} v C�cc r _ � I.eCilar i� , APPROVen ON A�O�tG� 2 fiA�7,1t0�2p4� g CAR' L�O�JMT`7�iElCAG HPHG, LLC ohs 90 Degree Benefits Monthly Billing for 9/1 /2024 MEMORIAL MEDICAL CENTER (Mst Grp; 76350) 815 N VIRGINIA STREET PORT IAVACA, TX 77979 Master Group Totals Total Due SPEC AGG 176 $55,024.90 Adjustments 5 $1,295.25 $56,320.15 ADMIN FEES 176 $7,568.00 Adjustments 4 $86.00 $7,654.00 PPO UR 176 $3,352.80 Adjustments 4 $30.10 $3,390.90 CHIC MGMT FEE $70D.00 $700.00 Balance Forward: $61,772.71 Payments: - $64,772.71 Adjustments: + $0.00 Beginning Balance: $0.00 Current Amount Due: + $66 645.70 Current Adjustments: + $1,419.35� 'fo�P'IAMou`ptipg9i �FiD,o�Us. Description Medical EX 104 ES 18 EF 13 APPROVED ON EC 41 Mst Total 176 220?4pq Up,'12G gyAUG :bYiL'WmOfV IGInVINB?/, IT28kt4 Make Check Payable To: Aunt Revenue Department 90 Degree Senents PO Box 13246 Birmingham, AL 35202 Please pay premium as Ulled. Changes received after billing has Processed wit be reflected on the next months bill. Premium payment Is due by the 10th of the month. Ih�t.C�1'4:::.T. iL:u�ttZsyiuu.4y.:?�" �t2.6I2-Lt2Y PROSPERITY BANK ELECTRONICTRANSFERS FOR OPERATING ACCOUNT —Aug 19, 2024 - Aug 25,2024 Data Sank Description 8/23/2D24 PAY PLUS ACHTrans 33SM1251010006900o5M 1 P 8/2.3/2024 AMERISOUaCC BERG PAYMENTS 0300007768 2100002 8/22/2024 PAY PLUS ACHTrans 33431357 301.00(1699067403 P 8/2212024 HPHG LLC MEM.MED. MemMedttvPLLav 11312265M 8/22/2024 CCUNICALWORM ST0321000000286155723110751 9/21/2024 WIRE OUT HEALTHEOUITY 9/21/2024 PAY PLUS ACHFrans 33273209101000697M304 P 8/21/2024 HPHG LLC MEM.MEO MemMedCtr Ptlav 11312265001 8/21/2024 HPHG LLC MEM, MED MemMedCtr PRav 11312265001 EV20/2024 IRS USATAXPYMT 270463382162458 6103601OW406 8/20/2024 PAY PLUS ACHTrans 33123852101ODD696618752 P 3/20/2024 MCKEMON DRUG AUTO ACH ACILU6132581910000131 8/19/2024 WEBR ETAX PYMT DO 902/7654612021000029808 8/19/2024 PAY PLUS ACHTrans 3295869610IM695368599 P 8/19/2024 IRS USATAXPYMT 27M63223787862 GIU3601000OZ MARC Notes - 3rd Party Payer Fee 340D Drug Program Expense -3rd Party Payer Fee - Health Insurance Claim Payments -EMR Outpatient Clinic -Wagewmks - 3rd Parry Payer Fee - Health Insurance Claim Payments -Health Insurance Claim Payments -Payroll Taxes • 3rd Party Payor Fee 3400 Drug Program Expense Sales Tax 31d Party Payer Fee •Payroll Taxes CPSI"HandWENen Ameent Check"4 �301.46� 901824 3,155.74 /)I— SM631 L0.6v/ 901325 20,130.00 800574 481.25 hill 7,225.21 SM576 *T.0 / 901326 42,413.10 OWS77 27,504.59 diigE BMS79 1,222.67 =579 *0r261/ 901327 10,708,M /4E„ SM632 2,209,23 800580 -a1%95'/ 901328 115,420.03 /73. 800581 230,B30S3 ��NLL ilYOlr -cll Jy L-2 8/26/2024 Andrew De tos Santos *'Allpeo 4Gi-. Oy-1 Memorlal Medical Center PflOSPERItt BANK X, � �Yt}+2 (9�. �� � ' 1N• 7LA Gti ELEMKONIC7MNSFERS FOR OPERATING ACCOUNT— ESTIMATED ACHS PAS; Oes<rlotlon � MMC Notes Amount e130/20M UC IGT UCIGT 318,325.39e/ I ` ll •.A Lek/ u..fT'� JL �"JQ�.E ^tll'i `A _8/2G/2024 Andrew De Ins Santos Memorial Medical Center APPROVED ON AUG 2 6 2024 g E;(����yy p��Ty T p CAI.IAIN i`tll1NTY, MAP 0 00 o Transaction Summary Transaction Complete Trace # Texas Health and Human Services Commission Memorial Medical Center Operating County Page No: i or 1 Run Date: 012312024 Run Time: 09:21:00 eClinicelWorks Your Payment Confirmation Confirmation # Account Invoice # PO # Inv Date Due Date Pay Amount 286255723 0002962764 06/03/2024 07/03/2024 481.25 (USD) Total Amount: $481.25 RECEIVED BY THE COUNTY AUDITOR ON MEMORIAL MEDICAL CENTER 2024 AUG 2 2 292rV AP Open Invoice List 0 12:43 2:43 ap open_Involee.template Due Dates Through: 09/14l2024 Vendorlt Vendor Name CALHOUNCOLINTY, TEAS Class Pay Code 11616 ASHFORD GARDENS Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay 08/20/202 081191202 09/14/202 Gross Discount 64,419.30 No -Pay Net 1/081924B N G W? �Q 3 aoa� 0.00 0.00 84,419.30 Vendor Totals: Number Name Gross Discount No -Pay Net 11816 ASHFORD GARDENS 84,419.30 0.00 0.00 84,419.30 f4�}xq(t Ci41';tlnaiy Grand Totals: Gross Discount No -Pay Net APPROVED ON 84,419.30 0.00 0.00 84,419.30 AUG 2�y2220024pp g CALWOUN Ct)L Ip.'RAS RECEIVED BY THE COUNTY AUDITOR ON 08/22/2024 AUG /r 2 ZOZ� MEMORIAL MEDICAL CENTER 12:45 AP Open Invoke List CALHOUN COUNTY, TEXAS Due Dates Through: 09/14/2024 Vendor# %Vendor Name Class Pay Code 11828 • SOLERA WEST HOUSTON Invoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay 081924 08/20//20208//f199//220209/14/202 V U/9� Vendor Totals: Number Name 11828 SOLERA WEST HOUSTON .i"j�C1i tj1g111ni Y`I Grand Totals: Gross Discount 24,845.13 0.00 APPROVED ON AUG I�2Ty2 2apzr4 CALLI II(MRL)NT`/, RQAS 0 ap_open_i nvoice.template Gross Discount No -Pay Net 24,845.13 0.00 0.00 24,845.13� Gross Discount No -Pay Net 24,645.13 0.00 0.00 24,845.13 No -Pay Net 0.00 24,845.13 RECEIVED DV THE COUNTY AUDITOR ON 06/22/2024 AUG 22 2024 MEMORIAL MEDICAL CENTER 12:44 AP Open Invoice List CALHOUN COUNTY, TEXAS Due Dates Through: 09/14/2024 VendorH Vendor Name Class Pay Code 118204 FORTBEND HEALTHCARE CENTER Invoi Comment Tran Dt Inv Dt Due Dt Check Dt Pay 0 924 08/20/202 08119/202 09/14/202 J081924A 08/20/20208/19120209/14/202 Vendor Totals: Number Name v LIG We Qb ION 11820 FORTBEND HEALTHCARE CENTER Grand Totals: Gross Discount 52.922.06 0.00 APPROVED ON gg AUG 2 2 207.�1 CALHO�U RAW'���A•' 0 ap_open_Invoice.template Gross Discount No -Pay Net 26,461.03 0.00 0.00 26,461.03 0.00 0.00 26,461.03 Gross Discount No -Pay Net 52,922.06 0.00 0.00 52.922.06 No -Pay Net 0.00 RECEIVED BY THE COUNTY AUDITOR ON 08/22/2024 AUG 2 2 2024 MEMORIAL MEDICAL CENTER 12:44 AP Open Invoice List CALHOUN COUNTY, TEXAS Due Dates Through: 09/1412024 Vendor# /vendor Name Class Pay Code 11832 V BROADMOOR AT CREEKSIDE PARK Invoice# Comment 081924 Tran Dt Inv Dt Due Dt Check Dt Pay 08/20/20208/19/20209/1�4///202 WV lab��� Vendor Totals: Number Name 11832 BROADMOOR AT CREEKSIDE PARK Grand Totals: Gross Discount 31,449.36 0.00 APPAOV80 ON AUG 2 2 2024 CALIHOUNU "q )A ,?IT kAS 0 ap_opan_invoice.template Gross Discount No -Pay Net 31,449,36 0,00 0.00 31,449.36 Gross Discount No -Pay Net 31,449,36 0.00 0.00 31,449.36 No -Pay Net 0,00 31,449.36 HECUIVED UY THt COUNTY 41 tDiTOR ON OBl22/2024 AUG 22 �,,. MEMORIAL MEDICAL CENTER 12:44 ;�'` AP Open Invoice List Due Dates Through: 09/14/2024 Vendor# /Vendor NanQkLHOUN COUNTY, TEXAS Class Pay Code 11824 � THE CRESCENT Invoice# Comment 1/ 081224 Tran Dt Inv Dt Due Dt Check Dt Pay 08/201202 081121202 09/14/202 Gross Discount 2,448.00 0.00 IfiS M- IOU •''n4 Mcm '\0 OffD� 1/ 081524 08/20/202 08/15/202 09/14/202 12,060.00 0.00 (+ II 081524A 08/201202 08115/202 09/14/202 1,836.00 0.00 J081524B I� 1+ oa/20120208M 5/20209/14/202 1,632.00 0.00 08j/`20120��208/�10//2200209/14/202 1/081924 U1'��o 23,339.86 0.00 Vendor Totals: Number Name Gross Discount 11824 THE CRESCENT 41,315.86 0.00 S: L`li `++t 115 gl1Ytl"� Grand Totals: Gross Discount No -Pay APPROVED ON 41,315.86 0.00 0.00 AUG 2 2 2024 i ou�iivplWPAS CAI O% 0 ap_open_i nvolce.tem plate No Pay Net / 0.00 2,448.00.J// 0.00 12,060.00 0.00 1,836.00./ 0.00 1,632.00 0.00 23.339.86 No -Pay Net 0.00 41,315.86 Net 41,315.86 THE COUNTYBY AUDITOR ON MEMORIAL MEDICAL CENTER 08/22/2024 AUG 2 q 12:45 AP Open Invoice List ap_open_invoice.template 0 CALHOUN COUNTY, TDtAS Due Dates Through: 09/14/2024 Vendoru JUendor Name Class Pay Code 11836 GOLDENCREEK HEALTHCARE JInvoice# Comment Tran Dt Inv Dt Due Ot Check DI Pay Gross Discount No -Pay Net 081424 . 08/20/20208/14/20209114/202 55.649.01 0.00 0.00 55,649.011 / % W08/20 8/os1202 oeu �mG w 6s s 9 Yo( J 080624 08 Ds 1a 0.00 0.00 ssiase l � n ../ 080924 08/20/202 081091202 09/141202 20,570.55 0.00 0.00 20,670,55 J/ 1 JOB'I 324D 08/20/202 08/13/902 09/14/202 , 582.51 0.00 0.00 562.51 t 1 J 081324B 08/20/20208113120209/14/202 12,754.38 0.00 0.00 12,754.38 / J l , J 081324A 08/20/202 081131202 09/14/202 2,246.16 0.00 0.00 2,246.16 081324C 08/20/202 08/13/202 09/14/202 5,925.00 0.00 0.00 5,925.00 J 1 , 081524 08/20/20208/15J20209l14/202 97.32 0.00 0.00 97.32 � 081924O8/20/20'�208//11(�9//120209/14/202 40.230.16 0.00 0.00 40,230.16 ny1-1I 40 q 7 `2/? iab �" ' V Vendor Totals: Number Name\v` Gross Discount No -Pay Net 11836 GOLDENCREEK HEALTHCARE 144,974.07 0.00 0.00 144,974.07 APPROVED ON ' ,," Grand Totals: Gross Discount No -Pay Net AUG 2 2 22Q41144,074.07 0.00 0.00 144,974,07 B CALHOAUIXBR irJTY I TEpXAS niao NEDBYTHE COUNTY AUDITOR ON MEMORIAL MEDICAL CENTER 08/22/2024 12a8 AUG2 2 202�, AP Open Invoice List Due Dates Through: 09/14/2024 Vendor# Vendor Name Class Pay Code 1111 13004 TUSCANYVILLAGLOALHOUNGOUNTY,TEKAS JInvoice# Comment Tran Dt Inv Dt Due Dt Check Dt Pay Gross 080924 08/20/202 08/09/202 09/141202 12,360.12 1nS-`pry ,00.vnwmboft,int,rYD( 11081424 08/20/202 08/141202 09/141202 11,104.78 J081924 08/2 1202 08119/202 09/14/202 19,346.43 V GOvQ,beau Vendor Totals: Number Name Gross 13004 TUSCANY VILLAGE 42.817.33 �..ror[ 5uimr,::rV Grand Totals: Gross Discount No -Pay 42,817,33 0.00 0.00 APPROVED ON AcUpG g tyt22gq2M�?4QQqq CALH0%tUj COUNT't',RPAS 0 ap_open_involce.templale Discount No -Pay Net / 0.00 0.00 12,360.12 v 0.00 0.00 41,104,78 J 0.00 0.00 19,WA3 �! Discount No -Pay Net 0.00 0.00 42.817.33 Net 42,817.33 RECEIVED BY THE COUNTY AUDITOR ON 06122J2024 AUG 2 2 M"! MEMORIAL MEDICAL CENTER 12:46 AP Open Invoice Ust CALHOUN COUNTY, TEXA6 Due Dates Through: 09/14/2024 Vendor# /Vendor Name Class Pay Cade 12792 J BETHANY SENIOR LIVING Invoice# Comment Tran Ot Inv Dt Due Dt Check Dt Pay Gross I J 080924 08/201202y0�8/{n01�9/.2202209114/202 5,534.89 �ry( J081324A 1 02 �f 081 0/220r 8/T3/20209/ 4/�2�mL 1 85�3 t J 081324B 08/201202 08/13/202 09/14/202 9,107.76 081424 08/20/202 08/14/202 09/14/202 6.049.17 I1 J 081424A 08/20/202 08/14/202 09/141202 15,204.63 .r 1� J081924 08'122h012020088/19/2022091114//)2,,02 28,677.72 �' o 1AA T,u h Vendor Totals: Number Name Gross 12792 BETHANY SENIOR LIVING 84,429.30 'u,,»e 4ui�nb.iYV Grand Totals: Gross Discount No -Pay 84,429.30 0.00 0.00 APPROM ON AUG 2 2 2024 0 ap_open_Involce.template Discount No -Pay Net 0.00 0,00 5,534.89 19,855.13 0.00 0.00 0.00 0.00 9,107.76 `✓ 0.00 0.00 6,049.17 0.00 0.00 15,204,63 J/ 0.00 0.00 28,677,72 �1 Discount No -Pay Net 0.00 0.00 84,429.30 Net 84,429.30 Memarlol Medial Center Nursing Home UPL Weekty Cantex Raeffer / PWlpaity 46coant6 J J 8/26/2024 / aap,tlxwmm�6«mueN n w,9«anxe«6 J J IeaIG.,.. ....1...... 11I.}Leb Il,,)1•K /1]a,W3,b J WµH,[M1M Wtlnnr{rm6igUxRNlrpnyryrygrNnmrplyn. a e Ienwiwnl.+vrnYunbw•NflWrnurMM(Meurml•wrnnm.e unn wx.hu«u•rnxxaN N,.ex SY...•4ronWxrxvrYnxYmu.uen J ill.3]•l. un, enuN v).nu1 Y.+. 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UNA BB WZUM24 NOVIAISOIU]IONIIOMIMIMS67611041tlIMb3 {54319.1< IS1119.1< NIZIM33 AWISuppvmmn NLCU16RMT]4KONI1II41N IN.17 0 .1] MIAMHUMS f NAPM]]1N]i 6:IA2 3ta3 omm. no-INO mvi.NornioVintaoSW II,I15.W U)]53A UI9IM. UNIPNNT.PtCvI.`NMIyN11111INN J/ 6/19II034 IUMAN4ISCOH[MNIMI 395.0 / W.314.1sa ITIMM J 6.4%M l L661S1 J 7,9M." l 1016111 M SO].63 26150206 Mika MM6.13 3.286.t30.T 41.671.M M,66131 9 9"30 M.41L33 94.91131 LMI69936 Balances Overview Account Name *4357 MEMORIAL MEDICAL- $1,950,603.80 $2,022,147.49 $1,950,603.80 $1,839,726.41 OPERATING MMC - CLINIC SERIES 2014 SERIES $545.91 $545.91 $545.91 $545.91 *4373 MMC •PRIVATE WAIVER CLEARING WAIVER $439.48 $439.48 $439.48 $439,48 •4381 MEMORIAL/ MEDICAL INH ✓ $313,274.74 $324,340.84 $313,274.74 $199,374.06 ASHFORD *4403 MEMORIAL MEDICAL/NH J $237,683.82✓ $259,486.79 $237,683.82 $195,130.33 BROADMOOR *4411 MEMORIAL MEDICAL I NH $429,302.33 % $447,402.15 $429,302.33 $363,452.95 CRESCENT 64438 MEMORIAL MEDICAL /50LERA@ $280,914.11 / $295,782.17 $280,914.11 $211,345.37 WEST HOUSTON h `4446MEMORIAL MEDICAL I NH FORT $94,578.92 ✓ $96,881.27 $94,578.92 $26,721.86 BEND •4454 MEMORIAL G GOLDE OLDEN CREEK $166,859.72 $166,859.72 $166.859.72 $164,264.50 HEALTHCARE 64551 CAL CO INDIGENT $5,496.08 $5,496.08 $5,496.08 $5,496.08 HEALTHCARE 16433 MMC -NH GULF POINTEPLAZA- $3,025.20 $3,025.20 $3,025.20 $3,025.20 PRIVATE PAY `5441 MMC -NH GULF POINTE PLAZA. $836.43 $925.43 $835.43 $240.00 MEDICAREIMEOICAID •6506 MMC -NH BETHANY SENIOR $180,485.88 $183,699.21 $180,485.88 $178,038.40 LIVING *3407 TUSCA YVILL TUSCANY VILLAGE $409,773.69 $422,177.87 $409,773.69 $326,185.54 MMC •DACA ANY SR LIVING - DAC SR LIVING $100.00 $100.00 $100.00 $100.00 *2998 MMC-MONEY MAR MARKE7FUN0 $5,038.90 $5,038.90 $5,038.90 $5,038.90 Total Balance $4,078,958.01 $4,234,348.51 $4,078,958.01 $3,519,124.99 Report generated on 00/26/2024 09:43:34 AM CDT Page 2 of 2 Memorial Medical Center Nursing Home. UPL Weekly Nerion Transfer Prosperity Accounts 8/26/2024 A aunt Routh, Inron 0a, /orGeken Creek: NealoA Health at GoMen Leek We* Ear, eank NA. vrerlpue � J aepnnln6 6alYn[e Tranafer•Dut TranNerin )e1I64.W 49,OM.9] i45d)fA9 Note; 001 bpknaea elavrr$5,090 w10, Danaferred la the nurslna home. Note E! Each amount has a boa boknre aj SIM that MMC d<pasi ad to oa, auwna. PK"f"C1V ♦iaM ON A��UUpGy,2ffyy6 ��Z0�2g4�p 0 HOUN�CtlUAR�1•� AS vantllne TodYy'a6arinnlnF" pmeunllnAcinntlerrndtoNursin9 ./ le oLD aganu Nama 186,B59J1 123,739.66 BYnk Brknce 18A,AA9JE Vrrlmee L6Y9Y In aabn<e 1W.00 Supedee lone I6,.6l [// Sup<rinr Q14YR5gdl 1]s42Ll.Sa My lnttreat 151.93 AutlnraaN Sept lnhreN / AtlluatfiahnrentransferAm[ 1I3.334.65 Approved: \tiK ViL.:w lE. llzl._�l hrv�t<�rli Andrew De Loa Santor 8196/I624 F\NN WroFlyirantfen\NN U9l irantler5ummary\1011\NH U9Ltrmder SummaryB ]fi.E4 MMCFMIM // gIPP(C9mp1 u101(9C9AiJ 1➢2.59EN gIPP(CPmpl (tlpP/Wmpi NPP(Cemp3 llap!! gIPPTI HNPORTIM H1LIN.Uls�MM11M]CR CO YIIA3fA555llpllvt ].595 t1 Y'sm 1,751,11 Hl3/3WA Olpom 51A1L13 11.]53.]) WILMER WIRE 009NtElON NIA91N 00A MEIN CAUK NfU202. 19.P90 9] MHfflA9i <R 1001IL15N953bM1]91 1,]W W I,SOOb X/31/bA NORMSoLuM.gA1MIMf 0 Iinil HNI. 151M 39E. RMI'my P",* K),,j R/!1/MII NORM f04UNONIKCPIM1M9 blM1R}b1]IM MMAMI/UIR�S11412Y9s<3b5((SIPMRHS_:'.: C9,1])33 •,sIm.,L / / 66,1]3 ]3 _._.__.. I1A43/1 s ISOA�1"ff31I10�H / 3LSYY31y//iLSRt54y/ 34 .W VINMI, 01. HIWMI! OlppYl 1A13J13 HIp/I014 IINR•ICNONCCWMPMI IM7611191 1,330.E L310.31 H19/3pP ]Ml/IMNSfIMT<A L00[P H19M9536]bU9l F MHM 3.b1E ;,3W3] 4U/bM GObINCPE[XNIAITMCACOFP I]M3969tWM13b / 1)A35 / � 33415 R9.Wp.5J CI 115.m"./ (m5A) (oul n..M.0 1151].14 3 MZM Ii9.iM.65.� Balances Overview Account Name *4357 MEMORIAL MEDICAL- $1,950,603.80 $2,022,147.49 $1,960,603.80 $1,839,726,41 OPERATING *4365 MMC -CLINIC SERIES 2014 $545,91 $545.91 $645.91 $545.91 *4373 MMC RCLEARING -PRIVATE WAIV WAIVER $439.48 $439.48 $439.48 $439.48 *4381 MEMORIAL MEDICAL/NH $313,274.74 $324,340.84 $313,274.74 $199,374.06 ASHFORD •4403 MEMORIAL MEDICAL I NH $237,683.82 $259,486.79 $237,683.82 $195,130.33 BROADMOOR •4411 MEMORIAL MEDICAL / NH $429,302.33 $447,402.15 $429,302.33 $363,452.95 CRESCENT `4438 MEMORIAL MEDICAL /SOLERA@ $280,914.11 $295,782.17 $280,914.11 $211,345.37 WEST HOUSTON *4446 MEMORIAL MEDICAL/NH FORT $94,578.92 $96.881.27 $94,578.92 $26,721.86 BEND ` '4454 MEMORIAL MEDICAL GOLDSN CREEK GOLDE ✓ $166,859.72 $166.859.72 $166,859.72 $164,264.50 HEALTHCARE *4561 CAL CO INDIGENT $5,496.08 $5,496.08 $5,496.08 $5,496.08 HEALTHCARE '5433 MMC -NH GULF POINTEPLAZA- $3,025.20 $3,025.20 $3,025.20 $3,025.20 PRIVATE PAY *5441 MMC -NH GULF POINTEPLAZA- $835.43 $925.43 $835,43 $240.00 MEDICAREIMEDICAID *5506 MMC -NH BETHANY SENIOR $180,485.88 $183.699.21 $180,485,88 $178,038.40 LIVING 63407 MMC NH TUSC TUSCANY VILLAGE $409,773.69 $422,177.87 $409,773.69 $326,185.54 •3860 MMC •BETHANY SR LIVING • pACA $100.00 $100.00 $100.00 $100.00 *2998 MMC -MONEY MARKET FUND MAR $5,038.90 $5,038.90 $5,038.90 $5,038.90 Total Balance $4,078,958.01 $4,234,348.51 $4,078,958.01 $3,519,124.99 Report generated on 08/20/2024 09:43:34 AM CDT Page 2 of 2 Memorial Medical Center Nursing Home UPL Weekly HMG Transfer Prosperity Accounts g/26/ZOie J j wfdaa, v Fmewl,eee ounl of ofMlq inm4me,e Nunlg Nome NumMl a.4nte n.m. innel<eeut / inminr.ln /LY,tln etl Oeme a tetle'f!e nNn 4n wN / Sim3,19)M 91eS9 3A15.)a ankWnu Jrlbentlb�// L0iaf0 vul,nee le.wln &Yna IG9W J � Aelmuanefttnnnnlml 3.9lS.le •/ rnNaar nma;rmnef Nvnl Nelq Mteum _Numb, 9tW. HNnn T.W. vtnN3nxn / rnelq /(t,Cl[gtl aewdb innNmeele / TatlMbe nNV M,nx NVM1Iq Nem<J 3.115.91 5.913.91 A)13 933.0 ..// / &nB&Imu a3f.O Yevein Balenee IN.W lefu„Gleme/.W.,Rm1 )3SA) P.vr, 114_1110n Iv, QUIl001nlfllm; Teir1lmwf m ),K9.61 Nerrarynerwleagew.tt,oww,n6exwrrlw,.aloe6enenm9nme. NIXe t: lnfll nttouo(na, alas 1plOn[<o/S1MfM(MM[E[pari(etllooCme[raunt. APPROVED ON AUG 2 6 202d CALNOI.IMUCAUNiI', �TTE%.Sa FI g9,mee: Ano—Oe tm snlm_ I%H we,vTrmfirn%VH uel IISMI& m,ryWN\xx uq T-11hp tummrn 0]6)a MMC PORTION QIPP/Comp QIPP/ComP4 TI]asflr.OYJ Teanrhr-In QIP /Cempl 2 QIPv/COmp3 61]pw QIPPN NH PORTION B122/2024 "NO ECHO NCCLAIMYMT 746003411"ODIKU26059 60250 - 602.50 8120p024 NNO•ECHO NCCLRIMPMT 74603411 UGONIO1034 - 22520• /' 225.70 628.20 828.i0�% MMCPORTION Q1PP/Camp QIPv/Campo Trani/er•OY! i Tr n�yl r-Ig Qlv /Camel 1 QIPPICOM03 BbPIe QIPPTI NH PORTION 8/23/2024 MNKHRNTO KCODEPOSIT4964285188899100001 595.43 - 595.43 O/22/2024 MERCHANTMN8CDOEPOSIT4964785188899100001 - 140.00 - WAIT O/21/2024 WIRE OUT HMG Ro[9PorI SNP, LP-Comm4ri0l / 8,015.91 T39.43 735.43 51019,91 1.561.63 2563.63 Balances dvervlew Account Name '4357 MEMORIAL MEDICAL- $1,950,603.80 $2,022,147.49 $1,950,603.80 $1,839,726.41 OPERATING *4366 MMC -cuNic $545.91 $545.91 $545,91 $545.91 SERIES 2014 SERIES *4373 MMC -PRIVATE WAIVER CLEARING WAIVER $439,48 $439,48 $439.48 $439.48 '4381 MEMORIAL MEDICAL INH $313,274.74 $324,340.84 $313,274.74 $199,374.06 ASHFORD '4403 MEMORIAL MEDICAL INH $237,683.82 $259,486.79 $237,683,82 $195,130.33 BROADMOOR '4411 MEMORIAL MEDICAL INH $429.302.33 $447,402.15 $429,302.33 $363,452.95 CRESCENT *4438 MEMORIAL MEDICAL SOLERA @ $280,914.11 $295,782.17 $280,914.11 $211,345.37 WEST HOUSTON '4446 MEMORIAL MEDICAL I NH FORT $94,578,02 $96,881.27 $94,578.92 $26,721.86 BEND 04464 MEMORIAL MEDICAL INH GOLDEN CREEK $166,859.72 $166,859.72 $166,859.72 $164,264.50 HEALTHCARE •4551 CAL CO INDIGENT $5,496.08 $5,496.08 $5,496.08 $5,496.08 HEALTHCARE / '5433 MMC -NH GULF v POINTE PLAZA • / $3,025.20 $3,025.20 $3,025.20 $3,025.20 PRIVATE PAY '5441 MMC -NH GULF / POINTE PLAZA - $835.43 /`� $925.43 $835.43 $240.00 MEDICARE/MEDICAID '5506 MMC -NH BETHANY SENIOR $180,485.88 $183,699.21 $180,485.88 $178.038.40 LIVING *3407 MMC• TUSCANY VILLAGE USC $409,773.69 $422.177.87 $409.773.69 $326,185.54 *3660 •DANY $100.00 $100.00 $100.00 $100,00 SR LIVING • DACA LIVING AC `2998 MMC -MONEY MARKET FUND $5,038.90 $5,038.90 $5,038.90 $5,038.90 Total Balance $4,078,958.01 $4,234,348.51 $4,078,958.01 $3,519,124.99 Report generated on 08t2012024 09:43:34 AM CDT Page 2 of 2 Memorial Medical Center Nursing Nome UPt Weekly Tuscany Transfer Prosperity Accounts g/26/2024 f. J Ar rt 9..W.W. xa.: ordvealpnn glwnss.IXOxUf ee emn.hma to menumnanan.. xen a epee e.—I , am a *I- enlue. e/s1M M., MMC *,W"WI 4 ep.n otrvunl. j W 21n( enHegln [ br purM OepetlY SAs...IJ BmB Otlue. wrupte lawlp ltlann Moll n...... Q1.nd Yf 4dU Wtllpelml.-Less m cul.' ant.Cr ,um AUG 2 6 ?024 v,M.... d. Y x Name l69 3",N,619.30 Here n,mr9e ✓/ a.,BBd.fl /! <BIAt Aaiun boar /Tfatlln Ann �mwuand ✓✓ .,_ Tmnsfen0ut 8/23/2024 HN8•ENO MCCIAIMPMT 7460014114400p0216180 p/221VD4+DepoPaNrcbnr(/�RrMENr €F5i& 994�1�30060 8/22/1024 Deposit - - 8/22/2024 0e1,4111, 8/12/1024 MNB •QaHa HCCIAIMPMi 74600341144000276936 SY22/2024 NOVITASSOLUTIONHCCL IMPMT676201420000114 - 8/21/2024 WIRE OUT VILIA06 POST 4CUTE HEALTH SERVICE 135.325.73 Z MMC PORTION QIPP/[oMP QIPp/Comp QIPP/COmp Tranifenln 1 QIPP/COmP2 3 Mopso QIPP TI NHPORTION 47.234.94 47,234.94 3Ep5811/1Y7,5*aa,f' 3>Y37;6o+/ .72a off, 2gis9u;�' zd�s63.11./ 1 @tlo,2:},,✓ 20.962.80 - 20.962.ea 16,034.95 16,034-95 76,192.97 - 76,192.97 161,681.32 - 152,681.32 8/21/20I4 Deposit - 408.00 408.00 0/20/2024 Deposit - 28,960.2, 38,966.22 8/201ZD24 Deposit 8,810.00 / 8,870.00. _ _ 135.325,73.Z 356.656,41 . 12.753.00 1,727.80 71620 1915411 24,653.11 372163 31 Balances Overview Account Name •4357 MEMORIAL MEDICAL• $1.950,603.80 $2.022,147.49 $1.950,603.80 $1,839,726.41 OPERATING *4365 MMC - CLINIC SERIES 2014 $545.91 $545.91 $545.91 $545.91 *4373 MMC - PRIVATE WAIVER WAIVER CLEARING $439.48 $439.48 $439.48 $439.48 •4381 MEMORIAL MEDICAL / NH $313,274,74 $324,340.84 $313,274.74 $199,374.06 ASHFORD •4403 MEMORIAL MEDICAL/NH $237,683.82 $259,486.79 $237,683.82 $195,130.33 BROADMOOR "4411 MEMORIAL MEDICAL/NH $429,302.33 $447,402.15 $429,302.33 $363.452.95 CRESCENT "4438 MEMORIAL MEDICAL / SOLERA @ $280,914.11 $296,782.17 $280.914.11 $211,345.37 WEST HOUSTON •4446 MEMORIAL MEDICAL / NH FORT $94,578.92 $96,881.27 $94,578.92 $26,721.86 SEND 64464 MEMORIAL MEDICAL/NH GOLDEN CREEK $166,859.72 $166,859.72 $166,859.72 $164,264,60 HEALTHCARE `4551 CAL CO INDIGENT $5,496.08 $5,496.08 $5,496.08 $5,496.08 HEALTHCARE •6433 MMC -NH GULF POINTEPLAZA- $3,025.20 $3.025.20 $3,025.20 $3,025.20 PRIVATE PAY •5441 MMC -NH GULF POINTE PLAZA - $835.43 $925,43 $835.43 $240,00 MEDICARE/MEDICAID *5506 MMC -NH BETHANY SENIOR $180,485.88 $183.699.21 $180,485,88 $178,038.40 LIVING TUSCAYVILL TUSCANY VILLAGE $409,773,69 $422,177.87 $409,773.69 $326,185.54 *3660 MMC -BETHANY SR LIVING - DACA $100.00 $100,00 $100.00 $100.00 *2998 MMC-MONEY MAR MARKET FUND $5,038.90 $5,038.90 $5,038,90 $5,038.90 Total Balance $4,078,958.01 $4,234,348.51 $4,078,958.01 $3,519,124.99 Report generated on OB128MO24 09:43:34 AM CDT Page 2 of 2 Memorial Medical Center Nursing Name UPL WeeMVNSLTransPer Prosperity Accounts 8/26/2024 J ✓, J Me"nt M,P-I, Numbee aellme inm10MN Tnnrl.Nr SSA]LOB 11.995 )6 SSB,M556 Nm.: dMW.. Wow' MOD0.11 w inM/mra m u.eurwrq nmme. N." 2: FMM1 ormurc am. do MMr'. e) Sim Nm MMf Oepannf m mrn eemunr. AUG 2 6 2024 P.Mlnf Mtlun �m.unit. v. n.mrrr.ra.. ao.us vv Mn. en.nn Iw,evsev v.n. uae1, moaim<e 1PP,ao S,,ftmrr. 118SIW fu0nlaeel Ia,91).E] lul)In ::: 1191i 4mw."l SeMinl.rnl •yv1l Mlrrne/rnM1.'Ri Awl V 1 .oPr. e: �L.. IV�c MlnwdlpLnlq 1/I6/]ei. ANn wnur:nmmlWN un n1M111 mm.nVPAWxu>vmm�rtummm a.,. AMCPOR)ION T,Att,Of gvi IpPP/fomPl qVP/WmPi NPP/Camel WPP/Q.PYlS94 OIPPTI XHPOAVON W31102N X0f91[F4(SWfN NYmMn Nl llllilb%glfall - S,4).4 )p<)48 9/ IVIR(OU]PoRi4VK9NM, llf 1),99f18 WI N34SOF6NOVI)KUMAAlOXIIff41MPMf614fIa1Mjl 9L9i)4 - 919W.B6 NS4MSf MFMiNMUMINfVC NffMWPMi ti!(/-0H113016i NIWM24 <,1fL0 / 0.1960t NI9/M]S IIHR-( HAS-ECHOH CLHMFMT74M(xB�IIfWd00F1fWu WC J LI461 - 1,501.b1 63 HUMAN UI9pa}S NLftlN HUMAN 3VL N[fUIMIMl I1SNpNIlN16F HCMAI PWIMUllWAILat / 16d11 ]9 / I6.3(ll9 3),999.]6. 159.001.f6 ant'A nmm LIzul IRLRM I Balances Overview Account Name `4357 MEMORIAL MEDICAL- $1,950,603.80 $2,022,147.49 $1,950,603,80 $1,839.726.41 OPERATING `4365 ERRES 2014 MMC-CLINIC SERIES $545.91 $545.91 $545.91 $545.91 •4373 MMC - PRIVATE $439.48 $439.48 $439.48 $439.48 WAIVER CLEARING •4381 MEMORIAL MEDICAL INH $313,274.74 $324,340.84 $313,274.74 $199,374.06 ASHFORD •4403 MEMORIAL MEDICAL I NH $237,683.82 $259,486.79 $237,683.82 $195.130.33 BROADMOOR '4411 MEMORIAL MEDICALINH $429,302.33 $447,402.15 $429,302.33 $363,452.95 CRESCENT '4438 MEMORIAL MEDICAL ISOLERA @ $280,914.11 $295,782.17 $280,914.11 $211,345.37 WEST HOUSTON *4446MEMORIAL MEDICAL I NH FORT $94,678.92 $96,881.27 $94,578.92 $26,721,86 SEND `4454 MEMORIAL i MEDICALINH GOLDEN CREEK $166,859.72 $166,859.72 $166,859.72 $164,264.50 HEALTHCARE *4551 CAL CO INDIGENT $5,496.08 $5,496.08 $5,496.08 $5,496.08 HEALTHCARE •6433 MMC -NH GULF POINTE PLAZA • $3,025.20 $3,025.20 $3,025.20 $3,025.20 PRIVATE PAY *5441 MMC -NH GULF POINTE PLAZA - $835.43 $925.43 $835.43 $240.00 MEDICAREIMEDICAID / *5506 MMC •NH BETHANYSENIOR� u $180,485.88/ $183,699.21 $180,486.86 $178,038.40 LIVING *3407 TUSCA Y VILL TUSCANY VILLAGE $409,773.69 $422,177.87 $409,773.69 $326,185.54 ANY MMC •DACA SR LIVING SR LIVING - DAC $100.00 $1 OM $100.00 $100.00 MMC -MONEY MAR MARKET FUND $5,038.90 $5,038.90 $5,038.90 $5,038.90 Total Balance $4,078,958.01 $4,234,34B.51 $4,078,958.01 $3,519,124.99 Report generated on 08P16I2024 09:43:34 AM COT Page 2 of 2 Ashford P A Y E E MEMORIAL MEDICAL CENTER CHECK REQUEST MMC Operating pate Requested: 8/26/2024 APPROVED ON Ali 2 G 2024 CALhICJM COl1NTY I IfA? V AMOUNT: $ 42,032,13 ✓/ EXPLANATION: Welipoint June & Q3 - Hospital Portion FOR ACCT USE ONLY ❑ Imdrest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept G/L NUMBER: 10255040 REQUESTED BY: Michelle Cumberland AUTHORIZES :1�; rA-�1, l�111010t� Broadmoor P A Y E E AMOUNT: MEMORIAL MEDICAL CENTER CHECK REQUEST MMC Operating Date Requested: 8/26/2024 APPROVED ON AUG 2 6 2024 CALHOUhf CnUNTY, IiEXA5 J $ 15,653.49/ EXPLANATION: Wellpoint June & Q3 -Hospital Portion / FOR ACCT USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept G/L NUMBER: 10255040 REQUESTED BY: Michelle Cumberland AUTHORIZED BY: Crescent P A Y E E M, 41111M MEMORIAL MEDICAL CENTER CHECK REQUEST MMC Operating Date Requested: 8/26/2024 APPIAOV€15(JN AUG 2 H 2024 4A HO E�UNTY; I7X�5 V $ 11,590.95 EXPLANATION: Wellpoint June & Q3 -Hospital Portion ,/ FOR ACCT USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept G/L NUMBER: 10255040 REQUESTED BY: Michelle Cumberland AUTHORIZED BY: 2_6(zo) �- Fort Bend P A Y E E MEMORIAL MEDICAL CENTER CHECK REQUEST MMC Operating Date Requested: 8/26/2024 APPROVED ON Aur; 1) 6 2024 0ALH0q Cdl1N'f , "WE XAI11 S AMOUNT: $ 13,147.01 EXPLANATION: Wellpolnt June & Q3 -Hospital Portion / FOR ACCT USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept G/L NUMBER: 10255040 r REQUESTED BY: Michelle Cumberland AUTHORIZED BY: l t�u:u' it Jti�C �I2�IZ0-z�.( P A Y E E MEMORIAL MEDICAL CENTER CHECK REQUEST MMC Operating Date Requested: APPROVED ON AUG 2 6 2024 -CN.I�ICUN �, UNTY.I PA8 V/ AMOUNT: $ 12,507.62✓ EXPLANATION: Wellpoint June & Q3 -Hospital Portion ✓ 8/26/2024 FOR ACCT USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept G/L NUMBER: 10255040 REQUESTED BY: Michelle Cumberland AUTHORIZED BY: ��y�u• -i A -y{ �, ; h re:(2Gt2&2.&I-- Golden Creek P A Y E E MEMORIAL MEDICAL CENTER CHECK REQUEST MMC Operating Date Requested: 8/26/2024 APPROVED ON G2 6 2024 r 4(H 1 y&NTY,I'fE7tAS AMOUNT: $ 22,542.54�✓ EXPLANATION: Superior Q3 & YRS Adj 3- Hospital Portion / FOR ACCT USE ONLY ❑ Imprest Cash A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept GA NUMBER: REQUESTED BY: Michelle Cumberland AUTHORIZED BY: 10255040 ,i�,(Z�,(2GZ`f" MEMORIAL MEDICAL CENTER CHECK REQUEST P MMC Operating Date Requested: A Y ANPHOVeb ON AUG 2 6 1.n?4 E gg ����((�J �y E CAL40 CtlLAW4 FOR ACCT USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept AMOUNT: $ 14,921.82 ./ G/L NUMBER: EXPLANATION: Superior Q3 & YRS Ad] 3• Hospital Portion / 8/26/2024 10255040 REQUESTED BY: Michelle Cumberland AUTHORIZED BY: 612(c(2-0l^ P A Y E E AMOUNT: MEMORIAL MEDICAL CENTER CHECK REQUEST MMC Operating Date Requested: 8/26/2024 EXPLANATION; AUG 2 6 202'i CALLHbMOUNTY'VAS V $ 24,553.11,/ Welipoint June & Q3 - Hospital Portion FOR ACCT USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept G/L NUMBER: 10255040 REQUESTED BY: Michelle Cumberland AUTHORIZED BY: 4E�I 2L(26 2s41— NPP PMTS TO MMC 8.26,24 QIPP Payment to MMt trcm Nursing facilities Commissioner's Court 82812024 NH Nn a NOMBankAM# CN4 Pase UN wanpoulwan3 ['N SuMrIsrQ3s 3 Yi1rNI cote MilledPIW ell BwadmOnr ",a ell, Docent Wol eM MMLPmi flit 0 erM MMC.P. cell 0 enN 102S50f0 44032.13 1l.03E.13 B/SBn034 lons010 Val 15,03.49, n.653A9 18/I029 11,59a95 11.590.9 n6nBM IOtl Bend WOS edl sews Plm ark mmc-p 3 el 0 nail MM6Pmy rll 0 eralln 10335d0 13142.ot 13,112,e1 (B/ID24 MR55010 12,507.6E ]2.50)b2 6/EOE4 ' Golden Creek ✓ P,m ed Bedpan / Prof ell Tureen ✓ Prm erlt MMC P. alit O eralln MMC-Pf03 eF0 0.rMln MMOOms a ll 0 crab 102MUD Z334E.54 22,542.54 /18/2024 2o255W0 14,921.82. 14,921.82 212024 102—S (I II,553,11 24.553.11 nB/26N Tval, 119,40431 37,464.3611 15494P.67 Appmved:I- y 1 AND0.EW OF LOS SANi05 0/26/2024 P Tuscany Village A Y E E AMOUNT: EXPLANATION: MEMORIAL MEDICAL CENTER CHECK REQUEST ,0a NE2 ON WA 2bA a j i I $ 17,500.00 AgA Date Requested: 8/19/2024 ON 202/I Claim pymnts owed from Crescent to Tuscany FOR ACCT USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept GA NUMBER: 21400007 REQUESTED BY: Caitlin Clevenger AUTHORIZED BY: e,Ity (zL).zq P A Y E E AMOUNT: MEMORIAL MEDICAL CENTER CHECK REQUEST Crescent Date Requested: 8/26/2024 AUG 2 6 7024 CABLH( Wr�.cr%3M1IT1",44", FOR ACCr USE ONLY ❑ Imprest Cash ❑ A/P Check ❑ Mail Check to Vendor ❑ Return Check to Dept $ 7,488.00/ G/LNUMBER: 21400007 EXPLANATION: Claim payment -Transfer from Tuscany to Crescent REQUESTED BY: Michelle Cumberland AUTHORIZED BY: