R2001-0158 11-12-01 RESOLUTION NO. R2001-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION
OF PINE HOLLOW PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for the construction of Pine Hollow Park,
and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Blue Ridge
Services, Inc. in the amount of $238,850.00.
Section 3. The City Manager or his designee is hereby authorized to execute
a contract for the construction of Pine Hollow Park.
PASSED, APPROVED and ADOPTED this the 12 day of
November , A.D., 2001.
TOM REID
MAYOR
ATTEST:
Y NG L
I Y SE A
APPROVED AS TO FORM:
~d,~,w... ,l`f . C~
DARRIN M. COKER
CITY ATTORNEY
BID TABULATION
17-Oct-O1
RFP/BID No.: - 2000-084
Total Base Construction
Bidder Bid Time
Blue Ridge Services, Missouri City, TX 238,850.00 120
Gulf Coast Landscape Services, Pearland, TX 262,716.00 120
G & Z Contracting, Nassau Bay, TX 267,232.00 120
Shooter and Lindsey, Katy, TX 290,350.00 120
HOU Scape, Houston, TX 314,027.00 120
Exhibit "A"
R2001-158
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter the
"City"), and Blue Ridge Services, Inc. (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Consultant: Blue Ridge Services, Inc.
Description of Services: Construction of Pine Hollow Park
Maximum Contract Amount: $238,850.00
Contract Begins: Upon Execution
Contract Ends: Upon Termination
Attachments: Project Manual for Development of Pine Hollow Park
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the
City. Statements for services shall not be submitted more frequently than monthly.
3. Term and Termination. This Contract term will begin upon execution by both
parties. Either party may terminate this Contract at any time provided that the
terminating party gives 60 days' advance notice to the other party via certified mail to
that party's last known address. The City shall pay the Consultant for all services
rendered to the date of termination.
4. Indemnity. The Consultant shall indemnify defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of
every kind, including all expenses of litigation court costs, and attorneys fees, for injury
to or death of any person, or for damage to any property, arising from or caused by any
act or omission of Consultant, its officers, employees, agents, or subcontractors, in
performing its obligations under this Contract.
5. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
6. Modifications. City without invalidating the Contract, may order changes within
the general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Consultant's cost of, or the time required for, the performance
of any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
1
7. Conflicts. In the event of a conflict between the attachment and this contract, the
language in the attachment shall govern, but only to the extent of such conflict.
8. Law Governing and Venue. This Contract shall be governed by the law of the
State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
9. Entire Agreement. This Contract represents the entire agreement between the
City and the Consultant and supersedes all prior negotiations, representations, or
contracts, either written or oral. This Contract may be amended only by written
instrument signed by both parties.
10. Dispute resolution procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract.
To accomplish this, the parties agree to mediation as follows: If a dispute arises out of
or relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE this the 20 day of -) c)c -nr �, 2001.
ATTEST:
y
ng Lo'
Sec - -tary
APPROVED AS TO FORM:
4s5f City Attorney
CITY OF PEARLAND
By: A.7-0(
Bill Eisen
City Manager
BLUE RIDGE SERVICES, INC.,
CONSULTANT
Printedame:
Title:
STATE OF TEXAS §
COUNTY OF . tart ex,§
BEFORE ME, the undersigned Notary Public, on this day personally appeared
4449,enct koa , known to me to be the person whose name is subscribed
to to foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
al GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS .adDAY OF
nbUjoy , A.D., 2001.
r
•'° n• `�'•te REBECCA BOWERY
VI '- Vv�. •,1
Notary Public , State of Texas
:F ; . Commission Expires 8-31-02
1
STATE OF TEXAS §
§
COUNTY OFf�2 f t)4 Vk §
N OTARY PUBLIC IN AND,` OR THE
S TATE OF TEXAS
P rinted Name: yc:°a D1Oe -)/
My Commission Expires: 1' 31-1%2
BEFORE Mg, .the undersigned Notary Public, on this day personally appeared
"NAYL 7G(uL(0 1' 101 eV , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS - k DAY OF
N �� ��1� ( , A.D., 2001.
MARIA PENA
MY COMMISSION EXPIRES
July 19, 2005
)'V tivtith moo-.
N OTARY PUBLIC IN AND FOR THE
S TATE OF TEXAS
P rinted Name:jY\ft( lL Jc
My Commission Expires: U j• l (91- o
3
PROJECT MANUAL
FOR
DEVELOPMENT OF
PINE HOLLOW PARK
2001-084
CITY OF PEARLAND, TEXAS
MAYOR
TOM REID
COUNCIL MEMBERS
RICHARD TETENS
WOODY OWENS
LARRY WILKINS
LARRY MARCOTT
KLAUS SEEGER
CITY MANAGER
BILL EISEN
PARKS AND RECREATION DIRECTOR
EDWARD D. HERSH
CITY ENGINEER
JOHN HARGROVE
PROJECT LANDSCAPE ARCHITECT
VERNON G. HENRY AND ASSOCIATES, INC.
September, 2001
Division 0
•
Division 1
Division 2
Project Manual
For
Development of
Pine Hollow Park
2001-084
Pearland, Texas
Table of Contents
BIDDING AND CONTRACT REQUIREMENTS
00020 Advertisement for Bids
00100 Instructions to Bidders
00200 General Conditions of the Contract
00300 Bid Form
00400 Contract Forms, Bonds and Certificates
00600 Supplementary General Conditions, Workers Compensation for
all Contractors and Suppliers, and Wage Rates
GENERAL REQUIREMENTS
01070 Cutting and Patching
01077 Reference Standards
01410 Testing and Laboratory Control
01500 Temporary Facilities and Control
01700 Project Closeout
01710 Cleaning Up
01720 Project Record Documents
01730 Trench Safety
Technical Specifications
See the Drawings
SECTION 00020
ADVERTISEMENT FOR BID
Hyde Park Improvements
(2001-084)
Sealed bids addressed to the Honorable Mayor and City Council of the City of Pearland,
Texas, for: Development of Pine Hollow Park, Pearland, Texas prepared by Vernon G.
Henry and Associates, Inc., Houston, Texas, will be received at the office of the City
Secretary of the City of Pearland, 3519 Liberty Drive, Pearland, Texas 77588 until
•
The work includes grading, subsurface drainage, concrete walks, site furnishings, picnic
pavilion, basketball, playgrounds, landscape planting, landscape irrigation.
All bids will be opened at the Pearland City Hall at which time a tabulation will be made
for consideration of the Owner in awarding a contract. Any bids received after the closing
time will be returned unopened.
The Contractor shall identity his bid on the outside of the envelop by writing: Pine
Hollow Park (2001-084).
Bids shall be accompanied by a cashier's check or certified check upon a national or state
bank in an amount not less than five percent (5%) of the total maximum bid price payable
without recourse to the City of Pearland, or a bid bond in the same amount from a reliable
surety company, as a guarantee that the bidder will enter into a contract.
Bidding Documents: Plans, Specifications and Bidding Documents for this project may
be obtained from the office of the Purchasing Department, City of Pearland, 3519 Liberty
Drive, Pearland, Texas 77588, phone 7 13-485-2411, upon receipt of $25.00 for each set
of plans, payable to the City of Pearland. The check will not be refunded.
The right is reserved by the Mayor and the City Council as the interest of the City may
require, to reject any and all bids, and to waive any informality in bids received.
THE CITY OF PEARLAND, TEXAS
ea
•
ATTEST:
City Secretary
00020-1
SECTION 00100 - INSTRUCTIONS TO BIDDERS
1.01 DEFINITIONS
A. All definitions set forth in the General Conditions of the contract for construction, A.I.A.
Document A-201, are applicable to these instructions to Bidders.
B. Bidding documents include the advertisement to bid, Instructions to bidders, the bid forms
and the proposed Contract Documents including any Addenda issued prior to receipt of Bids.
C. Addenda are written or graphic instruments issued prior to the execution of the Contract
which modify or interpret the bidding documents, including Drawings and Specifications, by
additions, deletions clarifications or corrections. Addenda will become part of the Contract
Documents when the Construction Contract is executed.
1.02 EXAMINATION OF DOCUMENTS AND SITE:
A. Each bidder, by making his bid, represents that he has read and understands the bidding
documents.
B. Each bidder, by making his bid, represents that he has visited the site and familiarized himself
with the local conditions under which the work is to be performed.
1.03 BIDDING PROCEDURES:
A. All bids shall be prepared on the forms provided and submitted in accordance with the
Instructions to Bidders. Bid Forms will provide for the following Bid Items:
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I . :\ sin�glc contract price for each Bid Item as detailed and described in these Specifications.
Acknowledgment of addenda
B. A bid is invalid if it has not been deposited at the designated location prior to the time and
date for the receipt of bids indicated in the advertisement or Invitation to Bid, or prior to any
extension thereof issued to the bidders.
C. Unless otherwise provided in any supplement to these instructions to Bidders, no bidder shall
modify, withdraw or cancel his bid or any part thereof for thirty days after the time
designated for the receipt of bids in the advertisement or Invitation to Bid.
D. Prior to the receipt of bids, Addenda will be mailed or delivered to each person or firm
recorded by the Architect as having received the bidding documents and will be available for
inspection wherever the bidding documents are kept available for that purpose
00100-1
1.04 DISCREPANCIES AND AMBIGUITIES:
Each bidder shall examine the bidding documents carefully and, not later than seven days prior to
the date for receipt of bids, shall make written request to the Architect for interpretations or
correction of any ambiguity, inconsistency or error therein which he may discover. Any
interpretation or correction will be issued as an Addendum by the Architect. Only a written
interpretation or correction by Addendum shall be binding. No bidder shall rely upon any
interpretation or correction given by any other method.
1.05 SUBSTITUTIONS:
A. Each bidder represents that his bid is based upon the materials described in the bidding
documents.
B. No substitution will be considered unless written request has been submitted to the Architect
for approval at least seven days prior to the date for receipt of bids.
C. If the Architect approves a proposed substitution, such approval will be set forth in an
Addendum or letter of approval.
1.06 QUALIFICATIONS OF BIDDERS:
A. Bidders shall submit with their bid a properly executed Contractor's Qualification Statement,
A.I.A. Document A-305 and/or properly documented experience record.
B. Bidders may be disqualified and their bids not considered for any of the following specific
reasons:
1. Reason for believing collusion exists among kidders.
2. The bidder being interested in any litigation against the Owner.
3. The bidder being in arrears on any existing contract or having defaulted on a previous
contract.
4. Lack of competency as revealed by the financial statement, experience and equipment,
questionnaires, or qualification statement.
5. Uncompleted work which in the judgment of the Owner will prevent or hinder the
prompt completion of additional work if rewarded
C. The apparent low bidder shall submit to the Architect a confidential Financial Statement in a
sealed envelope along with insurance certificates and bonds.
1.07 BASIS OF BIDS:
The Bidder shall include all unit cost items and all alternatives shown on the Bid form, failure to
comply may be cause for rejection. No segregated bids or assignments will be considered.
00100 - 2
1.08 PREPARATION OF BID:
Bidder shall submit his Bid on the forms furnished herein. All blank spaces in forms shall be
correctly filled to and the bidder shall state the prices, written in words and in figures. Where this
is discrepancy between the price written in words and the price written in figures, the price written
in words shall govern. If Bid is submitted by an individual, his name must be signed by him or
his duly authorized agent. If the bid is submitted by a firm, association or partnership, the name
and address of each member must be given, and the bid must be signed by an official or duly
authorized agent. Powers of attorney authorizing agents or other to sign bids must be properly
certified and must be in writing and submitted with the bid.
1.09 BID GUARANTY:
A. No bid will be considered unless it is accompanied by a cashier's check on any State or
National Bank in Texas, or acceptable Bid Bond, payable unconditionally to the Owner. The
cashier's check or Bid Bond shall be in the amount of not less than five percent (5%) of the
total amount of the bid. The bid guaranty is required by the Owner as evidence of good faith
and as a guarantee that if awarded the contract, the bidder will execute the contract and
furnish the required bonds within ten (10) days after the bid is accepted. Said bonds shall
further guarantee that if the bid is withdrawn after the bids have been opened or if the
Contractor refuses to execute the contract in accordance with his bid, the Contract and the
Surety shall become liable to the Owner for damages incurred.
B. As soon as prices have been tabulated for comparison of Bids, the Owner may, at his
discretion, return the bid guaranties accompanying the bid, which in its judgment, would not
be considered in the award; bid guaranties of the three best bids will be retained by the Owner
until the required contract and bonds have been executed, after which they will be returned.
No bid guaranties will be returned until at least ten days have elapsed from time of openin2,
bids.
1.10 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND:
A. With the execution and delivery of the Contract, the Contractor shall furnish and file with the
Architect in the amount herein required, the following Surety Bonds:
1. Performance Bond: A good sufficient construction or performance bond in an amount
equal to 100 percent of the approximate total amount of the Contract, as evidenced by the
Bid tabulation or othenvise guaranteeing the full and faithful execution of the work and
performance of the Contract in accordance with the Contract Documents. This bond
shall guarantee the repair and maintenance of all defects due to faulty materials and
workmanship that appear within a period of one (1) year from date of completion and
acceptance of the improvement by the Owner.
Re-
00100 - 3
2. P yment Bond: A good and sufficient bond in an amount equal to 100 percent of the
approximate total amount of the Contract as evidenced by the Bid tabulation or
otherwise, guaranteeing the full and proper protection of all claimants supplying labor
and materials in the prosecution of the work provided for in said Contract and for the use
of each such claimant.
B. No sureties will be accepted by the Owner who are now in default or delinquent on any bonds
or who are interested in any litigation against the Owner. All bonds shall be executed by not
Tess than one corporate surety authorized to do business in the State of Texas and acceptable
to the Owner. Each bond shall be executed by the Contractor and the Surety. Should any
Surety on the Contract be determined unsatisfactory at any time by the Owner, notice will be
given to the Contractor to that effect, and the Contractor shall immediately provide a new
Surety satisfactory to the Owner. The Contract shall not be operative nor will any payments
be due or paid until approval of the bonds has been made by the Owner.
1.11 FILING BIDS:
No bid will be considered unless it is tiled by the Contractor within the time limit for receiving
bids as stated in the Advertisement. Each bid shall be in a sealed envelope, plainly marked with
the work "Bid", and the name and description of the project as designated in the Advertisement.
1.12 MODIFICATION AND WITHDRAWAL OF BIDS:
Bids may not be modified after submittal. Bidders may withdraw at any time before opening, but
may not resubmit them. No bid may be withdrawn or modified after the bid opening except
where the award -of the Contract has been delayed beyond 30 days after date of bid.
1.13 OPENING BIDS:
The bids submitted will be opened at the time stated in the advertisement and shall thereafter
remain on file with the Owner.
1.14 IRREGULAR BIDS:
Bids will be considered irregular if they show any omissions, alternations of form, additions, or
conditions not requested, unauthorized alternate bids or irregularities of any kind. However, the
Owner reserves the right to waive any irregularities and to make the award injthe best interest of
the Owner.
1.15 REJECTION OF BIDS:
The bidder acknowledges the right of the Owner to reject any or all bids and to waive any
informality or irregularity in any bid received In addition, the bidder recognizes th&right of the
Owner to reject a bid if the bidder failed to furnish any required bid security, or to submit the date
required by the bidding documents, or if the bid is any way incomplete or irregular.
00100-4
1.16 SUBMISSION OF POST -BID INFORMATION:
A. The selected bidder shall, within ten days thereafter submit the following:
1. A designation of the work to be performed by the bidder with his own forces.
2. If applicable, a list of names of the Subcontractors or other persons or organizations
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for such portions of the work as may be designated The bidder will be
required to establish to the satisfaction of the Architect and Owner the reliability and
responsibility of the proposed Subcontractor's respective trades. Prior to the award of
the Contract, the Architect will notify the bidder in writing if either the Owner or the
Architect, after due investigation has reasonable and substantial objection to any person
or organization on such list. If the Owner or Architect has a reasonable and substantial
objection to any person or organization on the list, and refuse in writing to accept such
person or organization, the bidder may, at his option, withdraw his bid without forfeiture
of bid security, not withstanding anything to the contract contained in Article 105,
Paragraph C. If the bidder submits an acceptable substitute with an increase in his bid
price to cover the difference in cost occasioned by such substitution, the Owner may at
his discretion, accept the increased bid price or he may disqualify the bidder.
Subcontractors and other persons and organizations proposed by the bidder and accepted
by the Owner and Architect must be used on the work for which they were proposed and
accepted and shall not be changed except with the written approval of the Owner and the
Architect.
3. Performance and Payment Bonds
4. Insurance Certificates
1.17 AWARD OF CONTRACT:
After Bids are opened, the bids will be tabulated for comparison on the basis of the bid prices.
The Owner reserves the right to withhold the award of the Contract for a period of thirty days
from the date of opening bids and no award will be made until the Owner is satisfied as to the
responsibilities of the low bidders. Until final award of the Contract, the Owner reserves the right
to reject any or all bids or proceed to do the work otherwise in the best interest of the Owner.
1.18 EXECUTION OF CONTRACT:
The person or persons, partnership, company, firm, association or corporation to whom a Contract
is awarded shall within ten (10) days after such award, sign the necessary agreements entering into
the required Contract with the Owner. No Contract shall be binding on the Owner until it has
been executed by the Owner or his duly authorized representative, and delivered to the Contractor.
00100 - 5
1.19 FAILURE TO EXECUTE CONTRACT:
The failure to the Bidder to execute the required bonds or to sign the required Contract within ten
days after the Contract is awarded, shall be considered by the Owner as abandonment of his bid,
and the Owner may annul the award. By reason of the uncertainty of the market prices of
materials and labor, the impracticality and difficulty of determining accurately the amount of
damages accruing to the Owner by reason of said Bidder's failure to execute said Bonds and
Contract within ten days, the bid guaranty accompanying the bid shall be the agreed amount of
damages which the Owner will suffer by reason of such failure to execute the Contract The filing
of a Bid will be considered as an acceptance of this provision.
1.20 EXEMPTION FROM SALES TAX ON MATERIALS:
The Owner qualifies for exemption from State and Local Saks Tax. The Owner will furnish the
contractor a Sales Exemption Certificate for the purchasing of eligible materials required for the
project. The Contract between the Owner and the Contractor will contain separate amounts,
specifically stated, for the following:
A. Labor, overhead and profit
B. Materials to be incorporated • into the construction project. The successful bidder shall
ascertain the amounts applicable to the above ,classification which amount will be
incorporated in the Contract.
1.21 RESERVED
1.22 EQUAL OPPORTUNITY CLAUSE:
A. The Contractor is required to comply with re. ulations issued pursuant to the Civil Rights Act
of I )64 with respect to nondiscrimination in federally assisted programs of the DLparnnent of
the Interior.
"During the performance of this contract, the Contractor agrees as follows:
I. The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following. employment,,upgrading, demotion or
transfer; recruitment or recruitment advertising layoff or termination; rates of pay or
other forms of compensation; and selection of training including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of the nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, or national origin.
00100 - 6
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The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the Contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965 and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
5. The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules regulations, and order of the Secretary of
Labor, or pursuant thereto and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and order.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions may be
Imposed and remedies invoked as provided in Executive Order No. 11246 of September
24 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
7. The Contractor will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules regulations or orders of the
Secretary of Labor issued pursuant to Section 204 of Fxecutive Or ler No. ! 12.16 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided. however that in the event the
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to protect the interest of the United
States."
END OF SECTION
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00100-7
SECTION 00300 - PROPOSAL FORM
•
00300.1 TIME'
00300.2 DATE:
00300.3 TO: City Secretary
City of Pearland
3519 Liberty Drive
Pearland, Texas 77588
Gentlemen:
00300.4 STIPULATED SUM
The undersigned having examined the Contract Documents entitled:
Development of Pine Hollow Park (2001-084)
and having visited the site of the proposed construction, and having familiarized himself with the local
conditions affecting the cost of the work, and with all addenda to the said documents, hereby propose to
furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance
with said documents and addenda thereto for the stipulated sum of:
Dollars ($ )
Total Base Bid
ADDENDA: The undersigned acknowledges receipt of the following Addenda:
Addendum No Date
Addendum No Date
Addendum No Date
Addendum No Date
TIME OF COMPLETION: The Undersigned agrees to start the work within 10 days after the written
notice to proceed and to complete the Work for the Base Bid within _ working days from the date
designated by said notice. The Undersigned understands and agrees that the time for completion is the
essence of the Contract and further agrees that the expense entailed on the Owner by the Contractor's
failure to complete the Work within the time stipulated will entitle the Owner to a fixed sum of Fifty
Dollars ($50.00) per day as a proper measure of liquidated damages which the Owner will sustain for each
and every day the Work remains incomplete.
The Undersigned agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar
days after the closing time for receiving bids.
The Undersigned agrees that if this proposal is accepted by the Owner, he will execute a contract for the
work, pursuant to A.1.A. Document A 101, Standard Form of Agreement Between Owner and Contractor.
00300-1
The Undersigned also understands that the Owner reserves the right to reject any and all bids and to waive
any informalities in the bidding.
Respectfully Submitted,
Company Name
By
Position in Company
Seal (if a Corporation)
00300-2
SECTION 00400 - CONTRACT FORMS, BONDS AND CERTIFICATES
PART I - GENERAL
1.01 NOTICE
The following blank spaces in the Contract and Bonds are not to be filled in by the bidder at the
time of submitting his bid. The bond forms and other miscellaneous forms are submitted at this
time to familiarize the bidder with the forms of the Contract and Bonds which the successful
bidder will be required to execute.
1.02 FORM OF AGREEMENT:
The form of Agreement shall be AIA document A 101.
1.03 PERFORMANCE BOND FORM:
The Performance Bond shall be executed on an AIA document A312.
1.04 PAYMENT BOND FORM:
The Payment Bond shall be executed on an AIA document A312.
1.05 INDEX OF ENCLOSED FORMS:
A. Performance Bond 00400-2,3
B. Payment Bond 00400-4,5
C. Certificate of Insurance 004U0-6.7
D. Contractor's Affidavit of Bills Paid 00400-8
END OF SECTION
00400 - 1
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STATE OF TEXAS, COUNTY OF
PERFORMANCE BOND
}
KNOW ALL MEN BY THESE PRESENTS: That of the City
of , County of , and State of
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly
bound unto (Owner)
in the penal sum of
Dollars ($ ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, date the
day of , 19, to
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all
and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by
the Principal to be observed and performed, and according to the true intent and meaning of said Contract
and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in
full force and effect
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for
Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas and amended and
all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same
extend as if it were copied at length herein."
* Not applicable for Federal work. See "The Miller Act," 40 U.S.C. S270
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00400 - 2
Performance Bond - Page 2
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the contract, or to the work performed thereunder or the plans, specification, or drawings
accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alternation or addition to the terms of the contract, or to the work to
be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of , 19_
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
00400 - 3
PAYMENT BOND
STATE OF TEXAS, COUNTY OF }
•
KNOW ALL MEN BY THESE PRESENTS: That
of the City
of"
County of , and State of ,
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly
(Owner)
bound unto
m the penal sum of Dollars ($ ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, date the
day of , 19__, to
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the proseci:.it it of the
Work provided thr in said contract, then. this obiigauon shall be void othcrwis: to remain in full force and
effect
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the
Revised Civil Statutes of Texas as amended and all liabilities on the bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the contract, or to the work performed thereunder, or the plans specifications or drawings
accompanying the same, shalt in anywise affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alternation or addition to the terms of the contract, or to the work to
be performed thereunder.
00400 -4
Payment Bond - Page 2
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of , 19
_
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
00400 - 5
CERTIFICATE OF INSURANCE
TO:
Date:
Project:
THIS IS TO CERTIFY THAT is, at the date of this
certificate, 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 policies noted on reverse side hereof.
TYPE OF INSURANCE
Policy No. Effective Expires Limit of Liability
Workman's
Compensation
Public (1) Person $
Liability (l) Accident $
Contingent
Liability
Property
Dame2c
Builders
Risk
Automobile
Other
The foregoing policies (do) (do not) cover all sub -contractors.
Locations Covered:
Descriptions of Operations Covered:
00400 - 6
Certificate of Insurance - Page 2
The above policies either in the body thereof or by appropriate endorsements provide that they may not be
changed or canceled by the insurer in less than thirty (30) days after the insured has received written notice
of such change or cancellation.
Where applicable, local laws or regulations require more than five (5) days actual notice of change or
cancellation to the assured, the above policies contain such special requirements, either in the body thereof
or by appropriate endorsement thereto attached.
•
•
Name of Insurer
By
Title
00400 - 7
CONTRACTOR'S AFFIDAVIT OF BILLS PAID
(To be executed prior to acceptance of project)
STATE OF TEXAS
COUNTY OF
Personally, before me the undersigned authority, on this day appeared
, who, being duly sworn, on oath, says that he is a legal
representative of
(Full name of Contractor as in contract)
and that the contract for the construction of the project, designated as
(Project No.)
has been
satisfactorily completed and that all bills for materials, apparatus, fixtures, machinery, and labor used in
connection with the construction of this project have, to the best of my knowledge and belief, been fully
paid.
Sworn to and subscribed before me this
Instructions:
(Signature)
(Title)
day of , 19 .
Notary Public in and for
County, Texas
If the contractor is an individual, he shall sign the affidavit. If the contractor is a partnership, any partner
may sign the affidavit. If the Contractor is a corporation, a person authorized by the by-laws or tky the
Board of Directors shall sign the affidavit. If the Contractor is a joint -venture of partnerships, or of
individuals and partnerships, the affidavit may be signed by the individual or any partner of any
partnership. If the Contractor is a joint -venture in which a corporation is a party, separate affidavits must
be executed in the name of the joint -venture one by each corporation and one by each individual or
partnership. Signatures for corporations should be by a duly authorized officer. If signature is by another,
a showing of authority to sign must accompany the affidavit.
00400 - 8
SECTION 00600 - SUPPLEMENTARY GENERAL CONDITIONS
ARTICLE 1: CONTRACT DOCUMENTS
Add new paragraphs:
"I 01 General Conditions: The "General Conditions" of the Contract for Construction, AIA
Document A201, Fourteenth Edition, August, 1987, Articles I through 14 inclusive, is a part of this
Contract and is Incorporated herein as fully as here set forth."
"1.02 Supplements: The following supplements modify, change, delete from or add to the General
Conditions. Where any part of the General Conditions is modified or voided by these Articles, the
u naltered provisions of that part shall remain in effect."
ARTICLE 2: OWNER
"2.22 Delete in its entirety and substitute the following: "Physical Conditions - Above grade or
u nderground facilities."
Add new sub -paragraphs:
"2.2.2.1 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 Architect by the owners of such Underground Facilities
or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:
2.2.2.2 Owner and Architect shall not be responsible for the accuracy or completeness of any such
information or data; and
2.2.2.3 Contractor shall have Bill nsponsibility for reviewing and chcckin2 all such information and
data, for locatinb all Underground Facilities shown or indicated in the contract documents, for
coordination of the work with the owners of such Underground Facilities during construction, for
safety and protection thereof and repairing any damage thereto resulting from the work, the cost of all
o f which will be considered as having been included in the Contract Price.
2.2.2.4 Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or
contiguous to the site which was not shown or indicated in the Contract Documents and which
Contractor could not reasonable have been expected to be aware of, Contractor shall, promptly after
becoming aware thereof and before performing any Work affected thereby, identify the owner of
such Underground Facility and give written notice thereof to that owner and to Owner and will
promptly review the Underground Facility to determine the extent to which the Contract Documents
should be modified to reflect and document the consequences of the existence of the Underground
Facility and the Contract Documents will be amended or supplemented to the extent necessary
During such time, Contractor shall be responsible for the safety and protection of such Underground
Facility. Contractor shall be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, to the extent that they are attributable to the existence of any Underground
Facility that was not shown or indicated in the Contract Documents and which Contractor could not
reasonably have been expected to be aware of.
0600 - 1
2.2.2.5 Owner shall provide engineering surveys to establish baseline reference points only for
construction which in Architect's judgment are necessary to enable Contractor to proceed with the
Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in General
Conditions) shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of Owner. Contractor shall report to Owner whenever
any reference point is lost or destroyed or requires relocation because of necessary changes in grade
or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel."
2.2.5 Delete in its entirety and substitute the following:
"The Contractor will be furnished free of charge, 5 copies of the drawings and specifications and will
be furnished as many additional copies as he may require, at cost of reproduction and handling."
ARTICLE 3: CONTRACTOR:
Add new sub -paragraph:
"3.2.2.1 All elevations shown on the Drawings shall be checked from bench mark and coordinated
by Contractor. Discrepancies discovered shall be reported to the Architect for adjustment before any
work begins. No extra charges or compensation will be allowed the Contractor for grade variations
or discrepancies except by agreement before construction starts The Contractor's initiation of the
Work will be his verification of havin, carefully checked all existing grade elevations and accepted
them as correct."
Add new sub -paragraph:
"3.6.1.1. The Contractor shall pay all consumer, use and other similar taxes required by law.
Materials which are incorporated into or become part of the project are exempt from sales tax. A
'separated contract" will be issued by the Owner which separates charges for m iterial from charges
for labor. ilk. successful low bidder must provide separate bid amounts for the labor and materials
associated with the project and must acquire a sales tax permit issued by the State Comptroller. The
Contractor must execute a resale certificate instead of paying sales tax at the time of purchase. The
Owner will issue an exemption certificate for the materials which are to be incorporated into the
finished project."
3.14 CUTTING AND PATCHING:
3.14.1 Delete sub -paragraph in its entirety. Refer to Specification Section 01070, CUTTING AND
PATCHING for provisions on this subject. References to Paragraph 3.14.1 elsewhere in Contract
Documents shall read as referring to that Section of the Specifications.
ARTICLE 4: ADMINISTRATION OF THE CONTRACT:
00600 - 2
4.5 ARBITRATION
4.1.5 In the third and eleventh lines of this paragraph change the word "shall" to "may".
Add new sub -paragraph:
"4.5.1.1 Arbitration may be exercised to resolve disputed claims only when mutually agreed to by
both the Owner and the Contractor."
4.5.2 In the second line of this paragraph change the work "shall" to "may" and in the seventh line of
this paragraph change the word "demand" to "request".
4.5.4 In the first line of this paragraph change the work "Demanded" to "Requested" and the word
' Demand' to "Request".
4.5.4.1 In the second, fifth and sixth lines of this paragraph change the word "demand" to "request".
4.5.4.2 In the first line of this paragraph change the word "demand" to "request".
4.5.6 In the second, third, and fourth lines of this paragraph change the words "demand" to
request".
ARTICLE 7: CHANGES IN THE WORK:
7.3.6 Delete in its entirety and substitute the following paragraph:
"Cost shall be limited to the following; cost of materials including cost of delivery, cost of labor
including social security, old age and unemployment insurance and fringe benefits under collective
har.zaining acrcements: ‘vorkmcn's compensation insurancc, bond premiums and rental ':glue of
power tools and equipment. Overhead shall include the following: supervision, superintendence,
wages of time keepers, watchmen and clerks hand tools, incidentals, general office expense and all
other expenses not included in `cost'."
ARTICLE 9: PAYMENTS AND COMPLETION:
9.3.1.3 Add the following:
"9.3.1.3 Until final payment, the Owner will pay 95% of the amount due the Contractor on account
of progress payments."
9.6.1 Delete in its entirety and substitute the following:
"After the Architect has issued a Certificate of Payment, the Owner will on or about the tenth day of
each month ninety-five percent (95%) of the proportion of the Contract Sum properly allocable to
labor, materials, and equipment suitably stored at the site or at some other location agreed upon in
writing by the parties, up to the first day of that month, less the aggregate of previous payment in
each case. Each Progress Payment shall also include a proportionate part of the Contractor's fee, and
shall include work up to and including the 25th day of each month."
00600 - 3
9.8.2. Delete in its entirety and substitute the following:
"9.8.2. When the Contractor determines that the work, or a designated portion thereof acceptable to
the Owner is substantially complete, the Contractor shall notify the Architect in writing that he has
Inspected the project, prepared a list of items remaining to be completed, and the project is ready for a
pre -final inspection to verify substantial completion. The failure to include any items on such list
does not alter the responsibility of the Contractor to complete all work in accordance with the
Contract Documents. The Architect shall check and add to, if necessary, the Contractor's list of items
which, in his opinion, require completion, replacement or correction and will furnish this list to the
Contractor.
If, during the course of this pre -final inspection, it becomes apparent in the opinion of the Architect
that the project or portions thereof is not ready for such inspection, or the list prepared by the
Contractor is incomplete, the Architect may terminate the inspection and inform the Contractor that,
in his opinion, the project is not yet ready for such inspection. The Contractor shall then cause the
project to be made ready for such inspection and resubmit a complete list of items remaining to be
completed, replaced, or corrected. After the pre -final inspection has been completed and the
Contractor has completed all the work on all items which may subsequently have been discovered,
and added by the Architect, he shall notify the Architect that the project is ready for final inspection.
The Architect will then make his final inspection as promptly as possible and if the Work is found to
be fully completed, will so inform the Owner with the recommendation that the work of the
Contractor be accepted."
"9.8.2.1 The Architect will make only one trip of final inspection to the Project. Should it be found
on this trip in the opinion of the Architect, that the project is not ready for such trip or that any items
have not been completed and another trip or trips will be required before the Work can be approved
for acceptance, the Architect will charge the Owner at his usual hourly billing rates plus any travel
living and other reimbursable expenses for all time required by reason of the Contractor's failure to
havetheproject ready at the time he requested such inspection. Each Contractor, in siLnim. his
Contracts, a6rees to reimburse the Owner for all char.zes due to the Architect as set forth above, and
authorized the Owner to deduct the cost of reimbursing the Architect from balances due the
Contractor."
"9.8.2.2 When the Architect on the basis of his final inspection determines that the work is
substantially complete, he will then prepare a Certificate of Substantial Completion which shall
establish the date of substantial completion, shall state the responsibilities of the Owner and the
Contractor for maintenance, and insurance and shall fix the time within which the Contractor shall
complete the items listed therein The Certificate of Substantial Completion shall be submitted to the
Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such
certificate.'
` 9.8.2.3 Upon substantial completion of work additional payments to Contractor may be made at
discretion of Owner from amount retained under provision of agreement. Final payment will be
made thirty (30) days after final acceptance of work "
Add the following sub -paragraphs:
00600 - 4
"9.11.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the Contract for the work to be
done hereunder are essential conditions of the contract."
"9.11.2 Should the Contractor fail to complete on time, for each working day that any work remains
uncompleted after the time specified in the Proposal and Contract, or the increased time granted by
the Owner, or as increased by additional work or materials ordered after the Contract is signed, the
sum of Fifty Dollars ($50) per day shall be paid to the Owner as Liquidated Damages. The
Contractor does hereby agree to pay to the Owner the amount specified, not as a penalty but as
liquidated damages, for such breach of contract as hereinafter set forth, for each and every calendar
day that the Contractor shall be in default after the time stipulated in the contract for completing the
Work."
"9.11.3 It is further agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner
would in such event sustain, and said amount is agreed to be the amount of damages which the
Owner would sustain and said amount shall be retained by the Owner from current Application for
Payment."
ARTICLE 1l: INSURANCE:
11.1.1 In the first line following the word "maintain" insert the words "in a company or companies
to which the Owner has no reasonable objection."
Add new sub -paragraphs:
"11.1.1.8 Liability insurance shall include all major division of coverage and be on a comprehensive
basis including:
I. Premises - Operation (remove NCI,: exclusion)
2. Broad Form coverage for Property damage
3. Contractor's Protective
4. Contractual - including specific provision for Contractor's obligations under Paragraph 4.18
5. Owned, non -owned and hired motor vehicles."
1 1.1.2 Delete in its entirety and substitute the following:
"11.1.2 The insurance required by sub -paragraph 11.1.1 shall be written for not less than any limits
of liability required by law or by those set forth below whichever is greater and shall include
contractual liability insurance as applicable to the Contractor's obligations under Paragraph 4.18.
1. Workmen's Compensation - Texas Statutory/Employer's Liability - $100,000
2. Comprehensive General Liability
a. Bodily Injury - each person/each occurrence $250,000 / $500,000
b. Property Damage - each occurrence / aggregate $50,000 / $100,000
3. Comprehensive Automobile Liability - per person / per occurrence, including coverage of
owned, non -owned, and hired vehicles.
a. Bodily Injury - $100,000 / $300,000
b. Property Damage - $300,000 each occurrence
4. Independent sub -contractors Same limits as above."
00600-5
2.2.2.5 Owner shall provide engineering surveys to establish baseline reference points only for
construction which in Architect's judgment are necessary to enable Contractor to proceed with the
Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in General
Conditions) shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of Owner. Contractor shall report to Owner whenever
any reference point is lost or destroyed or requires relocation because of necessary changes in grade
or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel."
2.2.5 Delete in its entirety and substitute the following:
"The Contractor will be furnished free of charge, 5 copies of the drawings and specifications and will
be furnished as many additional copies as he may require, at cost of reproduction and handling."
ARTICLE 3: CONTRACTOR:
Add new sub -paragraph:
"3.22.1 All elevations shown on the Drawings shall be checked from bench mark and coordinated
by Contractor. Discrepancies discovered shall be reported to the Architect for adjustment before any
work begins. No extra charges or compensation will be allowed the Contractor for grade variations
or discrepancies except by agreement before construction starts The Contractor's initiation of the
Work will be his verification of having carefully checked all existing grade elevations and accepted
them as correct"
Add new sub -paragraph:
"3:6.1.1. The Contractor shall pay all consumer, use and other similar taxes required by law.
Materials which are incorporated into or become part of the project are exempt from sales tax A
'separated contract" will 1 e issued by the Owner ivhich separnes charges for material from char 4es
fcr labor. i he successful low bidder must provide separate bid amounts for the labor •ind materials
associated with the project and must acquire a sales tax permit issued by the State Comptroller. The
Contractor must execute a resale certificate instead of paying sales tax at the time of purchase. The
Owner will issue an exemption certificate for the materials which are to be incorporated into the
finished project."
3.14 CUTTING AND PATCHING:
3.14.1 Delete sub -paragraph in its entirety. Refer to Specification Section 01070, CUTTING AND
PATCHING, for provisions on this subject. References to Paragraph 3.14.1 elsewhere in Contract
Documents shall read as referring to that Section of the Specifications.
ARTICLE 4: ADMINISTRATION OF THE CONTRACT:
00600 - 2
4.5 ARBITRATION
4.1.5 In the third and eleventh lines of this paragraph change the word "shall" to "may".
Add new sub -paragraph:
"4.5.1.1 Arbitration may be exercised to resolve disputed claims only when mutually agreed to by
both the Owner and the Contractor."
4.5.2 In the second line of this paragraph change the work "shall" to "may" and in the seventh line of
this paragraph change the word "demand" to "request".
4.5.4 In the first line of this paragraph change the work "Demanded" to "Requested" and the word
' Demand' to "Request"
4.5.4.1 In the second, fifth and sixth lines of this paragraph change the word "demand" to "request".
4.5.4.2 In the first line of this paragraph change the word "demand" to "request".
4.5.6 In the second, third, and fourth lines of this paragraph change the words "demand" to
request".
ARTICLE 7: CHANGES IN THE WORK:
7.3.6 Delete in its entirety and substitute the following paragraph:
"Cost shall be limited to the following; cost of materials including cost of delivery, cost of labor
including social security, old age and unemployment insurance and fringe benefits under collective
bard,atnine. atzrtements: workmen's compensation insuranc:. bond premiums and rental ‘:lue OI'
power tools and equipment. Overhead shall include the following: supervision, superintendence,
wages of time keepers, watchmen and clerks hand tools, incidentals, general office expense and all
other expenses not included in `cost'."
ARTICLE 9: PAYMENTS AND COMPLETION:
9.3.1.3 Add the following:
"9.3.1.3 Until final payment, the Owner will pay 95% of the amount due the Contractor on account
of progress payments."
•
9.6.1 Delete in its entirety and substitute the following:
"After the Architect has issued a Certificate of Payment, the Owner will on or about the tenth day of
each month ninety-five percent (95%) of the proportion of the Contract Sum properly allocable to
labor, materials, and equipment suitably stored at the site or at some other location agreed upon in
writing by the parties, up to the first day of that month, less the aggregate of previous payment in
each case. Each Progress Payment shall also include a proportionate part of the Contractor's fee, and
shall include work up to and including the 25th day of each month."
00600 - 3
9.8.2. Delete in its entirety and substitute the following:
` 9.8.2. When the Contractor determines that the work, or a designated portion thereof acceptable to
the Owner is substantially complete, the Contractor shall notify the Architect in writing that he has
inspected the project, prepared a list of items remaining to be completed, and the project is ready for a
pre -final inspection to verify substantial completion. The failure to include any items on such list
does not alter the responsibility of the Contractor to complete all work in accordance with the
Contract Documents. The Architect shall check and add to, if necessary, the Contractor's list of items
which, in his opinion, require completion, replacement or correction and will furnish this list to the
Contractor.
If, during the course of this pre -final inspection, it becomes apparent in the opinion of the Architect
that the project or portions thereof is not ready for such inspection, or the list prepared by the
Contractor is incomplete, the Architect may terminate the inspection and inform the Contractor that,
in his opinion, the project is not yet ready for such inspection. The Contractor shall then cause the
project to be made ready for such inspection and resubmit a complete list of items remaining to be
completed, replaced, or corrected. After the pre -final inspection has been completed and the
Contractor has completed all the work on all items which may subsequently have been discovered,
and added by the Architect, he shall notify the Architect that the project is ready for final inspection.
The Architect will then make his final inspection as promptly as possible and if the Work is found to
be fully completed, will so inform the Owner with the recommendation that the work of the
Contractor be accepted."
"9.8.2.1 The Architect will make only one trip of final inspection to the Project. Should it be found
on this trip in the opinion of the Architect, that the project is not ready for such trip or that any items
have not been completed and another trip or trips will be required before the Work can be approved
for acceptance, the Architect will charge the Owner at his usual hourly billing rates plus any travel
living. and other reimbursable expenses for all time required by reason of the Contractor's failure to
have the project ready at the time he requested such inspection. Each Contractor. in sic.ning his
Contracts a,rees to reimburse the Owner for all charges due to the Architect as set forth above, and
authorized the Owner to deduct the cost of reimbursing the Architect from balances due the
Contractor."
"9.8.2.2 When the Architect on the basis of his final inspection determines that the work is
substantially complete, he will then prepare a Certificate of Substantial Completion which shall
establish the date of substantial completion, shall state the responsibilities of the Owner and the
Contractor for maintenance, and insurance and shall fix the time within which the Contractor shall
complete the items listed therein The Certificate of Substantial Completion shall be submitted to the
Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such
certificate.'
9.8.2.3 Upon substantial completion of work additional payments to Contractor may be made at
discretion of Owner from amount retained under provision of agreement. Final payment will be
made thirty (30) days after final acceptance of work "
Add the following sub -paragraphs:
00600 - 4
"9.11.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the Contract for the work to be
done hereunder are essential conditions of the contract."
"9.11.2 Should the Contractor fail to complete on time, for each working day that any work remains
uncompleted after the time specified in the Proposal and Contract, or the increased time granted by
the Owner, or as increased by additional work or materials ordered after the Contract is signed, the
sum of Fifty Dollars ($50) per day shall be paid to the Owner as Liquidated Damages. The
Contractor does hereby agree to pay to the Owner the amount specified, not as a penalty but as
liquidated damages, for such breach of contract as hereinafter set forth, for each and every calendar
day that the Contractor shall be in default after the time stipulated in the contract for completing the
Work."
"9.11.3 It is further agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner
would in such event sustain, and said amount is agreed to be the amount of damages which the
Owner would sustain and said amount shall be retained by the Owner from current Application for
Payment."
ARTICLE II: INSURANCE:
11.1.1 In the first line following the word "maintain" insert the words "in a company or companies
to which the Owner has no reasonable objection."
Add new sub -paragraphs:
"1 1.1. 1.8 Liability insurance shall include all major division of coverage and be on a comprehensive
basis including:
I. Premises - Operation (remove NCI] exclusion)
Broad Form coverage for Property damage
3. Contractor's Protective
4. Contractual - including specific provision for Contractor's obligations under Paragraph 4.18
5. Owned, non -owned and hired motor vehicles."
11. 1.2 Delete in its entirety and substitute the following:
"11.1.2 The insurance required by sub -paragraph 1 1.1.1 shall be written for not less than any limits
of liability required by law or by those set forth below whichever is greater and shall include
contractual liability insurance as applicable to the Contractor's obligations under Paragraph 4.18.
1. Workmen's Compensation - Texas Statutory/Employer's Liability - $100,000
2. Comprehensive General Liability
a. Bodily injury - each person/each occurrence $250,000 / $500 000
b. Property Damage - each occurrence / aggregate $50,000 / $100,000
3. Comprehensive Automobile Liability - per person / per occurrence, including coverage of
owned, non -owned, and hired vehicles.
a. Bodily Injury - $100,000 / $300,000
b. Property Damage - $300,000 each occurrence
4. Independent sub -contractors Same limits as above."
00600-5
11.1.3 Delete in its entirety and substitute the following:
"11.1.3 Except with respect to Owner's Protective Liability, the Contractor shall arrange for insurer
or insurers of all required insurance to prepare certificate or certificates in duplicate in favor of the
Owner, and file them with Architect before exposure to loss may occur, such to provide at least 30
days in advance notice forwarded by certified mail to Owner in event the policy or policies are
canceled or changed in such manner to affect the certificate or certificates The Owner's Protective
Liability policy and a certified copy shall be delivered to the Architect before exposure to loss may
occur."
11.2.1 Delete in its entirety and substitute the following:
"11.2.1 The Contractor shall be responsible for purchasing and maintaining the Owner's Protective
Liability insurance that shall protect the Owner and Architect against claims which may arise from
operations under this Contract The Insurance coverage shall be for the following limits.
1 Bodily Injury each occurrence - $500,000
2 Property Damage, each occurrence / aggregate - $500,000 / $500,000"
11.3.1 Delete in its entirety and substitute the following:
"11.3.1 In addition to the insurance described in 11.1.1 and 11.1.2, the Contractor shall maintain
through the duration of the Project, Property Insurance, 'All Risk' Builder's Risk Insurance, insuring
against losses resulting from fire, lightning, windstorm, hurricane, hail, explosion, riot, civil
commotion, smoke, aircraft, land vehicles, vandalism and malicious mischief, in an amount of one
hundred percent (100%) completed value basis, including materials delivered and labor performed for
the Project. This policy shall be issued jointly in the names of the Contractor, his sub -contractors and
the Owner with specific endorsement for this Project."
"11.3.1.1 if this insurance. is written with stipulated amounts deductible under the terms of the
policy the Contractor shall pay the ditierence attributable to deductions in any payments made by the
insurance carrier on claims paid by this insurance.'
"11.3.1.2 Included in the policy are such items as labor and materials connected therewith, whether
or not adjacent to the structures insured, materials in place or to be used as a part of the permanent
construction, including surplus materials, shanties, protective fences, bridges or temporary structures
miscellaneous materials and supplies incident to the work, and such scaffolding, staging, towers
forms and equipment as are not owned or rented by the Contractor, the cost of which is included in
the cost of the work."
"11.3.1 3 This insurance does NOT cover any tools owned by mechanics, any tools equipment,
scaffolding, staging, towers and forms owned or rented by the contractor, the capital value of which
is not included in the cost of the work."
"11 3.1.4 The Owner shall not be liable or responsible for any Toss or damage whatever to the items
excluded in the above paragraph and the Contractor shall indemnify and hold harmless the Owner
from any claims or causes of action brought by any persons or parties as a result of loss or damage to
such excluded items."
00600-6
ARTICLE 13: MISCELLANEOUS PROVISIONS:
Add the following sub -paragraphs:
"13.5.1.1 Inspection or tests required by City codes or ordinances, or by a City plan approval
authority, and made by a legally constituted authority shall be the responsibility of and paid for by the
Owner."
"13.5.1.2 Inspection or testing performed exclusively for the Contractor's convenience shall be the
sole responsibility of the Contractor "
"13.5.1.3 In the eighth line of this paragraph change the word "shall" to "may"."
•
0600 -7
•
WORKER'S COMPENSATION INSURANCE COVERAGE
A. Definitions
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to
self -insure issued by the commission or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84) showing statutory worker's compensation Insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project includes the time from the beginning of the work on the project until the
contractor's / person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in §406.096) includes all persons or entities
performing all or part of the services the Contractor has undertaken to perform on the project,
regardless of whether that person has employees. This includes without limitation independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any
such entity, or employees of any entity which furnishes persons to provide services on the project.
'Services" include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other services related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery
of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meet the statutory requirements of Texas Labor
Code, Section 401.01 1(44) for all employees of the Contractor providing services on the project, for
the duration of the project.
C. Fhe Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and provide to the
governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
no later than seven days after receipt by the Contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
0600-8
F. The Contractor shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Worker's Compensation Commission, informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
1. The Contractor shall contractually require each person with whom it contracts to provide services on a
project to:
1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements which meet the statutory requirements of Texas Labor Code, Section
401.01 1(44) for all of its employees providing services on the project for the duration of the
project
2. provide to the Contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the contractor:
a) a certificate of coverage, prior to the other person beginning work on the project; and
b) a new certificate of coverage showing extension of covereute, prior to the end of the coverage
period. If the coyera_ue period snosvn on the current certiticatL of coverage ends during the
duration of the project;
5. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have know, of any change that materially affects the provision of
coverage of any person providing services on the project; and
7. contractually require each person with whom it contracts, to perform as required by paragraphs (1)
- (7), with the certificates of coverage to be provided to the person for whom they are providing
services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the --
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the duration of
the project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false
or misleading information may subject the Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.
0600-9
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the Contractor does not
remedy the breach within ten days after receipt of notice of breach from the governmental entity.
END OF SECTION
•
0600-10
SECTION 01070 - CUTTING AND PATCHING
PART I - GENERAL,
1.01 DESCRIPTION:
A. Execute cutting including excavating, fitting or patching or work required to:
I. Make several parts fit properly.
2. Uncover work to provide for installation of ill-timed work.
3. Remove and replace defective work.
4. Remove and replace work not conforming to requirements of Contract Documents.
5. Remove samples of installed work as specified for testing.
6. Install specified work in existing construction.
B. In addition to contract requirements, upon written instructions of Architect:
1. Uncover work to provide for Architect observation of covered work.
2. Remove samples of installed materials for testing.
3. Remove work to provide for alteration of existing work.
C. Do not endanger any in -place work by cutting or altering any part of it.
D. All cuts inside City right of way or easements shall be pre -approved by City of Pearland
Department of Public Works.
E. All excavation in City right of way or easements must be preceded by notifying the local, one
call service and the City Department of Public Works
1.02 SUBMITTALS:
A. Prior to cutting which affects structural safety of Project, submit written notice to Architect
requesting consent to proceed with cutting. Written notice shall include:
1. Identification of Project description of affected work necessity for cutting, effect on
other work, effect on structural integrity of Project, description of proposed work.
Designate scope of cutting and patching and extent of refinishing.
2. Alternative to cutting and patching.
3. Designation of party responsible for cost of cutting and patching.
B. Prior to cutting and patching done on instruction of Architect, submit cost estimate.
C. Should conditions of work, or schedule indicate change of materials or methods, submit
written recommendations to Architect including:
1. Conditions indicating change.
2. Recommendations for alternative materials or methods.
3. Submittals as required for Substitutions.
D. Submit written notice to Architect designating time work will be uncovered, to provide for
observation.
01070 - 1
PART 2 - MATERIALS
•
2.01 MATERIALS: For replacement of work removed, comply with Specifications
for type of work to be done.
PART 3 - EXECUTION
3.01 INSPECTION:
A. Inspect existing conditions of work, including elements subject to movement or damage
during'
1. Cutting and Patching
2. Excavating and backfilling.
B. After uncovering work, inspect conditions affecting installation of new products.
3.02 PREPARATION: Prior to Cutting
A. Provide shoring, bracing and support as required to maintain structural integrity of Project.
B. Provide protection for other portions of Project.
C. Provide protection from the elements.
3.03 PERFORMANCE:
A. Execute excavating and backfilling by methods which will prevent damage to other work, and
will provide proper surfaces to receive installation of repairs and new work.
B. Execute excavating and backfilling by methods which will prevent damage to other work and
wilt prevent settlement.
C. Restore work w hick has been cut or removed: install new products to provide completed
work in accord with requirements to Contract Documents.
D. Refinish entire surfaces as necessary to provide an even finish. - Restore continuous surfaces
to nearest intersections.
END OF SECTION
01070 - 2
SECTION 01077 - REFERENCE STANDARDS
PART 1-GENERAL
1.01
SCOPE:
Various sections of specifications contain references to specific standards. Applicable portions of
standards listed that are not in conflict with specification requirements are hereby made a part of
Contract Documents.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
Testing
Section 01400.
1.03 QUALITY ASSURANCE:
A. Modifications and exceptions to standards shall be considered as amendments and
unmodified portions shall remain in effect
B. In case of conflict between standards, or between specifications and standards, most stringent
requirement shall govern.
C. Editions of standards shall be latest edition at time of bid opening, or contract award, as
applicable, including any supplements or amendments thereto.
PART 2
- MATERIALS
2.01 SCHEDULE OF STANDARDS:
A. Reference standards are listed in various sections using abbreviations contained below.
B. Following schedule is partial; additional abbreviations and standards may not appear.
•
ACI - American Concrete Institute
AIA - American Institute of Architects
ASTM - American Society for Testing & Materials
CRSI - Concrete Reinforcing Steel Institute
OSHA - Occupational Safety & Health Act
PCA - Portland Cement Association
END OF SECTION
01077 - t
SECTION 01410 - TESTING LABORATORY SERVICES
PART 1 - GENERAL{
1.01 • SCOPE:
A. An independent testing laboratory, arranged and paid for by the Owner, will perform the
professional testing and laboratory services.
B. Requirements of the Conditions of the Contract of this Project Manual apply to all work
required for this Section.
C. Materials and workmanship not meeting the required standards or performance obligations
are to be removed and replaced at the Contractor's expense, including all subsequent testing.
D. All inspections and tests shall be in accordance with the rules and regulations of the building
code and all jurisdictional authorities of the State of Texas, the specifications of the ASTM,
and other respective technical societies organizations or bodies having relation to the work
or materials inspected or tested.
E. Where the terms "inspector' and "testing laboratory" are used, they mean and refer
respectively to an officially designated and accredited inspector of the testing laboratory and
the test laboratory engaged by the Owner.
1.01 WORK INCLUDED: Owner will schedule the scope of testing by the testing laboratory. The
Owner will notify the Contractor as to which tests will be performed. The Owner may require the
following tests:
A. Perform moisture, density and compaction tests on earthwork and soil stabilization.
B. Make slump tests of all concrete
C. Prepare test cylinders for all concrete
1.03 RESPONSIBILITY AND DUTIES OF CONTRACTOR:
A. Provide the Laboratory, without cost to Owner, adequate quantities of representative samples
of materials proposed for use which are required to be tested.
B. Advise Laboratory sufficiently in advance of construction operations to allow Laboratory to
complete any required check tests and assign personnel for field inspection and testing as
specified.
C. Provide adequate facilities for safe storage and proper curing of concrete test samples on
project site for the first 24 hours and also for subsequent field curing as required by ASTM
Specifications C3 1.
D. Furnish such nominal labor as is required to assist Laboratory personnel in obtaining and
handling samples at the site.
1.04 AUTHORITY AND DUTIES OF LABORATORY PERSONNEL:
A. Laboratory personnel shall inspect and/or test materials, assemblies, specimens and work
performed including design mixes, methods, and techniques as specified and report to the
Architect and Owner the progress thereof.
01410 - 1
B. If the material furnished and/or work performed fails to meet requirements of the Contract
Documents, inspector shall promptly notify the Contractor, Architect and Owner of such
failures.
C. The inspector is not authorized to revoke, alter, relax, enlarge or release any requirement of
the Drawings and Specifications, or to approve or accept any portion of the work.
1.05 SUBMITTALS AND CERTIFICATION:
A. The Testing Laboratory shall submit one (1) copy each to the Architect, Contractor and to the
Owner of certification of each and every inspection and test required to be made as part of the
work of this Section, or ordered by the Architect or the Owner to be made either in addition
to or supplementary to inspecting and testing specified herein or in other Sections of the
Specifications.
B. Certificates shall state all details of each inspection and test to indicate satisfactory
compliance with requirements of the Drawings and Specifications. Also state in certificate
any and all unsatisfactory conditions or failure to comply in addition to reporting immediately
to the Architect all items of unsatisfactory conditions and failure to comply with the
requirements of the Drawings and Specifications.
PART 2 - MATERIALS
Not Applicable
PART 3 - EXECUTION
3.01 TESTING OF EARTHWORK:
A. Testing Laboratory shall perform the following tests on select fill areas:
1. One (1) density test for each 5.000 square feet of area pi.r lilt in place.
2. One Standard Proctor cure. for Bich t) pe of till material.
B. Testing Laboratory shall perform the following tests on stabilized subgrades.
Two density tests in place for each 5,000 square feet of area per lift.
3.01 TESTING OF CONCRETE PAVING AND WALKS:
A. The Testing Laboratory shall perform the following tests:
1. Concrete compressive strength on cylinders at seven (7) and twenty-eight (28) days.
2. Concrete slump determination.
B. All inspection, cylinder(s) required, and testing shall be in accordance with testing specified
for concrete.
3.03 CONTROLS AND TESTING OF CONCRETE
A. During concrete placing on job site, take specimens and provide molds as specified.
Transport, cure and store cylinders in accordance with the Standard Method for Making and
Curing Concrete Compression and Flexure Test Specimens in the Field ASTM Specifications
C-31-66. For walkway paving, test one specimen at seven (7) days and one at twenty-eight
(28) days. One set of specimens shall be taken for every 500 linear feet of paving.
01410-2
B. Conduct compression tests of concrete according to ASTM Specifications, Designation C-39-
66.
C. Perform slump tests as needed, or for each 50 cubic yards of concrete placed by Contractor.
Slump shall conform to limits shown on Drawings.
D. Test reports shall show time test was made, truck ticket number, slump and time of batching
and location of each placement.
E. Report promptly to Architect all details of reasons for rejection of any and all quantities of
concrete. Give all information concerning locations of the concrete pours, quantities, date of
pours and other pertinent facts concerning concrete.
END OF SECTION
01410-3
SECTION 01500 - TEMPORARY FACILITIES AND CONTROL
PART 1-GENERAL
1.01 TEMPORARY WATER: All water required in the performance of the Contract shall be
provided and paid for by the Contractor. Furnish and install all mains, laterals, branch lines and
service piping and fittings to supply temporary water in sufficient quantity. Remove all temporary
connections and piping and close all openings at the end of Work.
1.02 TEMPORARY ELECTRICITY: Temporary electric service required in the performance of the
Contract shall be furnished and paid for by the Contractor.
1.03 TEMPORARY SANITARY FACILITIES: If needed, provide suitable temporary toilet
facilities complying with all building and sanitation ordinances, laws and codes. Remove all
temporary sanitary facilities before Final Inspection.
1.04 PROTECTION FOR WORK IN PLACE: Work in place that is subject to injury, because of
operations carried on or adjacent thereto shall be covered or substantially enclosed with adequate
protection.
1.05 PUMPING AND DRAINAGE: Surface or subsurface water or other fluids shall not be
permitted to accumulate in excavations or in or about the premises and vicinity. Water, or other
fluid, shall be controlled and suitably disposed of by means of temporary pumps, piping drainage
lines or other methods approved by Architect.
1.06 PROTECTION AND WARNING: Provide and erect all temporary planking, fences, bracing,
shoring, and warning signs and lights required by jurisdictional authorities and/or site conditions
to protect persons. streets and idjacent on -sit, or off -site property. Bidders shall ascertain legal
and other requirements.
END OF SECTION
•
• 01500 - 1
SECTION 01700 - PROJECT CLOSEOUT
PART 1 - GENERAL
1.01 RELATED REQUIREMENTS SPECIFIED ELSEWHERE:
A. Time of Final Payment: The Agreement
B. Completion; Waiver of Claims: General Conditions
C. Liquidated Damages: Supplementary Conditions
D. Cleaning: Section 01710
E. Project Record Documents: Section 01720
1.02 SUBSTANTIAL COMPLETION:
•
A. Contractor:
1. Submit written certification to Architect that Project is substantially complete.
2. Submit list of major items to be completed or corrected.
B. Architect will make an inspection within seven days after receipt of certification, together
with Owner.
C. Should Architect consider the Work is substantially complete; the Contractor shall complete
work listed for completion or correction within designated time.
D. Should Architect consider that Work is not substantially complete:
1. He shall immediately notify Contractor, in writing, stating reasons.
2. Contractor: Complete Work and send second written notice to Architect, certifying that
Project or designated portion of Project is substantially complete.
3. \rchitect \sill reinspect Work as provided in the Supplementary General Conditions.
1.03 FINAL INSPECTION:
•
A. Contractor shall submit written certification that:
1. Contract Documents have been reviewed.
2. Project has been inspected for compliance with Contract Documents.
3. Work has been completed in accordance with Contract Documents
4. Project is completed, and ready for final inspection.
B. Architect will make final inspection within seven days after receipt of certification
C. Should Architect consider that Work is finally complete in accordance with requirements of
Contract Documents, he shall request Contractor to make Project Closeout submittals.
D. Should Architect consider that Work is not finally complete:
1. He shall notify Contractor, in writing, stating reasons.
2. Contractor shall take immediate steps to remedy the stated deficiencies, and send second
written notice to Architect certifying that Work is complete.
3. Architect will reinspect Work.
01700 -1
1.04 REINSPECTION COSTS: Should Architect be required to perform second inspections because
of failure to Work or comply with original certifications of Contractor, Owner will compensate
Architect for additional services, and deduct amount paid from final payment to Contractor as
provided in Supplementary General Conditions.
1.05 CLOSEOUT SUBMITTALS:
A. Project Record Documents: To requirements of Section 01720.
B. Guarantees and Bonds specified in appropriate sections of specifications.
C. Maintenance Bond if required by Contract Documents.
1.06 EVIDENCE OF PAYMENTS:
A. Contractor's Affidavit of Bills Paid
B. Submittal shall be duly executed before delivery to Architect.
1.07 FINAL ADJUSTMENT OF ACCOUNTS:
•
A. Submit final statement of accounting to Architect.
B. Statement shall reflect all adjustments
1. Original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders
b. Cash Allowances
c. Unit Prices
d. Other Adjustments
c. Deductions for Uncorrected Work
f. Penalties and Bonuses
g. Deductions for Liquidated Damages
h. Deductions for Reinspection Payments
3. Total Contract Sum, as adjusted
4. Previous payments
5. Sum remaining due
1.08 FINAL APPLICATION FOR PAYMENT: Contractor shall submit final application in
accordance with requirements of General and Supplementary Conditions.
1.09 FINAL CERTIFICATE FOR PAYMENT:
A. Architect will issue final certificate in accordance with provisions of General Conditions
B. Should final completion be materially delayed through no fault of Contractor, Architect may
issue a Semi -Final Certificate for Payment, in accordance with provisions of General
Conditions.
01700 - 2
c
•
1.10 POST -CONSTRUCTION INSPECTION:
A. Prior to expiration of one year from Date of Substantial Completion Architect will make
visual inspection of project in company with Owner and Contractor to determme whether
correction of Work is required, in accordance with provisions of General Conditions.
B. Architect will promptly notify Contractor in writing of any observed deficiencies.
END OF SECTION
•
01700 - 3
SECTION 01710 - CLEANING UP
PART 1 - GENERAL
1.01 RELATED WORK SPECIFIED ELSEWHERE: Cleaning -up required for specific trades or
work is specified in section pertaining to that trade or work.
1.02 REQUIREMENTS OF REGULATORY AGENCIES:
•
Pollution Control: Conduct clean-up and disposal operations to comply with local ordinances and
anti -pollution laws.
A. Burning or burying of rubbish and waste materials on the project site is not permitted.
B. Disposal of volatile fluid wastes (such as mineral spirits oil or paint thinner) in storm or
sanitary sewer systems or into streams or waterways is not permitted.
PART 2 - MATERIALS
2.01 CLEANING MATERIALS:
Use only cleaning materials recommended by manufacturer of surface to be cleaned.
PART 3 - EXECUTION
3.01 DURING CONSTRUCTION:
A. Oversee, cleaning and ensure that grounds are maintained free from accumulations of waste
materials and rubbish
B. At not less than every 4 work days during progress work, clean-up site, and site access and
dispose of waste materials, rubbish and debris.
C. Do not allow waste materials rubbish, and debris to accumulate and become an unsightly or
hazardous condition.
D. Remove waste material, rubbish, and debris from the site and legally dispose of at public or
private disposal areas off the Owner's property.
3.02 FINAL CLEANING:
A. At completion of construction and just prior to acceptance, conduct a final inspection of
exposed surfaces.
B. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials, from
exterior surfaces.
C. Repair, patch and touch-up marred surfaces to match adjacent finishes.
D. Broom clean paved surfaces; rake clean other surfaces of grounds.
END OF SECTION
01710 - 1
SECTION 01720 - PROJECT RECORD DOCUMENTS
PART 1-GENERAL
1.01 MAINTENANCE OF DOCUMENTS:
A. Maintain at Job Site, one copy of the following: Contract Drawings, Specifications, all
Addenda, Change Orders, other modifications to Contract, field test reports.
B. Under no circumstances are Record Documents to be used for construction purposes.
C. Documents shall be available at all time for inspection by Architect or Owner.
1.02 RECORDING:
A. Label each document "PROJECT RECORD" in two inch high printed letters.
B. Keep record documents current.
C. Do not permanently conceal any work until required information has been recorded.
D. Contract Drawings: Legibly mark to record actual construction:
1. Field changes of dimension and details
2. Changes made by Change Order or Field Order.
3. Details not on original Contract Drawings.
E. Specifications and Addenda: Legibly mark-up each section to record:
I. Changes made by Change Order or Supplemental Instructions.
2. Other matters not originally specified.
1.03 SUBMITTAL: At completion of project. deliver record documents to Architect. Accompany
submittal with transmittal letter in duplicate containing the following: date, project title and
number, contractor's name and address, title and number of each record document, certification in
writing that each document as submitted is complete and accurate and reflects the actual condition
at the site, signature of contractor or his authorized representative.
END OF SECTION
01720- 1
SECTION 01730 - TRENCH SAFETY
Trench Safety System
The work performed under this section of the specifications consists of providing trench safety systems
consisting of shoring, sheeting, trench shield and/or laid back slopes to meet the trench safety
requirements of the Occupational Safety and Health Administration (O.S.H.A.), as required for this project
and specified herein.
Trench .safety systems shall be provided by the Contractor as provided in Subpart P - Excavation,
Trenching and Shoring, Part 1926 of the Code of Federal Regulations, which describes safety and health
regulations as administered by the U.S. Department. of Labor Occupational Safety and Health
Administration (0 S.H.A.). The standards specified by the O.S.H.A. Regulations shall be the minimum
allowed on this project. It shall be the responsibility of the Contractor to design and install adequate trench
safety systems for all trenches excavated on this project.
Before beginning construction, the Contractor shall furnish to the Owner for inclusion in the Contract
Documents, a Trench Safety Plan for the project. The trench safety plan must be prepared and sealed by a
qualified Professional Engineer registered in the State of Texas In addition, all trench safety systems
utilized in this project must be designed by a Professional Engineer registered in the State of Texas. The
Contractor shall be totally responsible for the safety of all persons involved in the construction of this
project.
Any core borings and soil data furnished by the Owner are for the convenience of the Contractor. The
Contractor shall be responsible for any additional soil or geotechnical information required. The
Contractor shall be responsible for properly designed trench safety systems to be utilized for any type of
subsurface condition found on this project. The furnishing of soil information by the Owner in no way
relieves the Contractor of this obligation.
It no core borings or soil data are furnished by the Owner, it shall be the Contractor's responsibility to
obtain whatever geotechntcal information required for preparation of trench safety systems.
Inspections of the trench and trench safety systems required of the Contractor may be made by the
O.S.H.A.
The standard detail plans for Sheeting, Trench Shield, and Trench Jacks as shown in the O.S.H.A.
Regulations previously referenced are attached hereto as Figures I, 2, and 3.
Payment for Trench and Safety Systems shall be full compensation for all planning engineering, materials,
equipment, fabrications, installation, recovery and all incidental work required. All excavation and
backfill, in addition to that specified elsewhere in these specifications, shall be considered subsidiary to this
bid item.
END OF SECTION
01730-1