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R2004-136 08-23-04RESOLUTION NO. R2004-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ASSOCIATED WITH CONSTRUCTION OF THE CORRIGAN AREA DETENTION POND IMPROVEMENTS AND APPROVING CHANGE ORDER NO. 1 FOR A REDUCTION OF THE SCOPE OF SERVICES AND COSTS ASSOCIATED WITH THE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids associated with construction of the Corrigan Area Detention Pond Improvements, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Triple B Services, L.L.C, in the amount of $2,573,452,45. Section 3. The City Manager or his designee is hereby authorized to execute a contract and Change Order No. 1 associated with construction of the Corrigan Area Detention Pond Improvements. PASSED, APPROVED and ADOPTED this the 23rd day of August A.D., 2004. MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TurnerCollie Braden Inc. Engineers- Planners * ?roject Managers Date: August 24,2004 OWner: City of Pearland Construction Change Order Change Order No. 1 Contractor: Engineer: Triple B Services, L.L.P. Turner Collie & Braden Inc. Amount: ($209,517.80) Job Name: Job No.: Contract: Corrigan Area Drainage Improvements Contract 2 - Detention Pond 052.511256.0004 Bid No. B2004-058 Amount Time Days Comp Date !Original Contract $2,782,970.25 300 Previous Change Orders none $0.00 N/A Current Change Order # 1 ($209,517.80) N/A Current Contract $2,573,452.45 300 The terms of the Agreement, dated 07/26/04, between Owner and Contractor are amended as follows: Description of changes Relocate Pump Station and eliminate force main and related quanity adjustments APPROVED BY: OWNER By: ACCEPTED BY: CONTRACTOR By:. Company: Company: Title: Title: Date: Date: Fonn Date: 9/11/200t TurnerCollie Braden Inc. Engineers · Planners * Project/~4anagers Construction Change Order Date: August 24,2004 Job Name: Job No.: Contract: Corrigan Area Drainage Improvements Contract 2 - Detention Pond 052.511256.0004 Bid No. B2004-058 Change Order No. 1 Description of Changes CHANGE ORDER TABULATION ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE NET CHANGE 13 Haul and dispose excess excavated material -5000 CY $5.10 ($25,500.00'1 18 18-inch RCP - 18 LF $34.85 ($627.30~ 19 24-inch RCP 100 LF $47.50 $4,750.0¢ 20 24-inch ASCP -20 LF $38.00 ($760.00~ 23 48-inch RCP - 18 LF $128.00 ($2,304.00) 24 4" x 5" RCB -7 LF $200.0E ($1,400.00) 32 Juction Box 1 EA $11,800.0C $11,800.00 35 24-inch RCP SET I EA $900.0C $900.00 42 42-inch force main -550 LF $325.013 ($178,750.00) 48 6" Concrete Pavement with Lime Subgrade. - 150 SY $52.50 ($7,875.00~ 51 8" Lime Stablized Subgrade 75 SY $2.60 $195.0C 52 Lime 2 Ton $163.00 $326.0C 53 6" Flex Base Course 75 SY $8.00 $600.013 54 2" Hot Mix Asphalt Conctete Pavement 75 SY $14.50 $1,087.50 61 Bollards -46 EA $260.00 ($11,960.00) Sub Total this Sheet ($209,517.80) Foml Date: 9/11/2001 Documents in their Entirety are Available for Review in the Contract Files MOBILITY AND DRAINAGE BOND PROGRAM \:-~ ~ CORRIGAN SUB[)IVISION DRAINAGE IMPROVEMENTS CONTRACT NO. 2 DETENTION POND CONTRACT DOCUMENTS RFB NO. 2004-058 ~~ ~~~~, MAY 2004 ~~~ Turri~rColli~~Braden Ir~c. ~~> Engineers Planners Project Managers CITY OF PEARLAN~, TEXAS CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond DOCUMENT 00900 ADDENDUM NO. 1 DATE OF ADDENDUM: May 21, 2004 PROJECT NAME: Mobility and Drainage Bond Program Corrigan Subdivision Drainage Improvements Contract No. 2 — Detention Pond OWNER: City of Pearland artaill OF \r**•••*••••• ON1 air RFB NO.: 2004-058 it‘/ ..... :* J/1MES W KELLER :it_ NV PROJECT NO.: 052511256.0004•••••••••••••••••••••••••••••••••�- sae 717 1 9 ;de\ BID DATE: June 2, 2004 (There is no change in the Bid Date) l'F'•ISTEee � \�• This Addendum forms a part of the bidding documents and will be incorporated into the abt Documents as applicable. Insofar as the original specifications and drawings are incons tent, his Addendum governs. Acknowledge receipt of the Addendum by inserting its number in Do ' ment 00300 — BID. Failure to do so may subject Bidder to disqualification. CHANGES TO BIDDING AND CONTRACT REQUIREMENTS 1. From the contract documents, add the following electrical specification sections: 16111 CONDUIT, FITTINGS AND BODIES 16120 600-VOLT BUILDING WIRE AND CABLE 16131 DEVICE, PULL AND JUNCTION BOXES 16195 ELECTRICAL IDENTIFICATION 16401 ELECTRICAL SERVICE 16402 UNDERGROUND DUCT BANKS 16470 PANELBOARDS 16475 OVERCURRENT PROTECTIVE DEVICES 16494 MANUAL TRANSFER SWITCH 16740 TELEPHONE SERVICE ENTRANCE 16935 TELEPHONE AUTOMATIC DIALER SYSTEM All references to Section 16012 in the above specifications are to be replaced with the specification Section 16010 as defined in the Mobility and Drainage Program Standard Technical Specification CLARIFICATION 1. On Sheet 27 of 37, SPD device is defined as 130 K Liebert AccuVar (ACV 280 D 110 RK F,) 11) 00900 — Page 1 of 2 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 2. Pump Control System a.) Float: Provide and install direct acting float switches as manufactured by US Filter 9G (Consolidated Electric 157GSC) or equal with ISI intrinsic safety barrier terminals. b.) Controller: Provide and install US Filter A 1000 transducer, US Filter (Consolidated Electric) D 154 (four pump controller), and ISI intrinsic safety barriers. Include all control devices for a complete and operational system. c.) Level Conductance Probes and Relays associated with existing manhole: Provide and install "Flygt Mutitrode" suspended probe with type cord grip holder. Provide provisions to field adjust the length. Include pump controller, ISI intrinsic safety barriers, control relays and all control devices for a complete and operational system. 3. Refer to sketches 1 and 2 attached to this addendum for manual transfer switch location. • END OF ADDENDUM NO. 1 00900 — Page 2 of 2 MOBILITY AND DRAINAGE BOND PROGRAM CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS CONTRACT NO. 2 DETENTION POND CONTRACT DOCUMENTS REB NO. 2004-058 CITY OF PEARLAND, TEXAS rVO: •°•FTch&,.Ne • op*: r A: c'°•. 71721 ©AN(csF •t T t•_ MAY 2004 tt�e °%� �� JAMES W KELLER TurnerColligThraden Inc Engineers • Planners • Project Managers Oi\ CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond • TABLE OF CONTENTS CONTRACT DOCUMENTS MOBILITY AND DRAINAGE BOND PROGRAM CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS CONTRACT NO. 2 DETENTION POND MAY 2004 DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS ,Section No, 00001 00003 00004 00020 00100 00220 00300 00315 00500 00610 00620 00630 00700 00700-A 00700-B 00800 00811 DIVISION 1 Title Title Page Table of Contents List of Drawings Invitation to Bid Instructions to Bidders Geotechnical and Environmental Information Bid Bid Bond Agreement Construction Performance Bond Construction Payment Bond Construction Maintenance Bond General Conditions of Agreement Attachment No. 1 to General Conditions Attachment No. 2 to General Conditions Supplementary Conditions Wage Scale for Engineering Construction GENERAL REQUIREMENTS ,Section No, Title 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01420 Reference Standards 01430 Contractor's Quality Control 01440 Inspection Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01562 Waste Material Disposal No. of Pages 1 2 2 2 8 1 10 2 7 4 4 4 31 4 7 24 3 No. of Pages 22 3 3 4 3 7 4 2 1 2 10 1 4 4 4 2 00003 — Page 1 of 2 Table of Contents CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond ,Section No. Title 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 01730 Cutting and Patching 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout SUPPLEMENTAL TECHNICAL SPECIFICATIONS Section No. Title 11320 15111.0 Submersible Axial Flow Pumps Flanged Pipe -Inserted "Duckbill" Elastomeric Check Valve DIVISION 2 — SITE WORK through DIVISION 16 — ELECTRICAL See Mobility and Drainage Program Standard Technical Specifications No. of Pages 4 7 16 4 4 4 3 3 2 3 2 2 2 No. of Page 5 2 00003 — Page 2 of 2 Table of Contents CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond LIST OF DRAWINGS Sheet No. Title 1. Cover Sheet 2. General Construction Notes 3. Overall Layout 4. Detention Pond 5. Detention Pond Cross Sections 6. Pollution Prevention Plan Layout 7. Pollution Prevention Plan Notes and Details 8. Profile Corrigan Ditch Sta. 0+00 to 12+00 Plan and - - 9. Profile Fite Road Sta. 4+00 to 9+00 Plan and - - 10. Profile Fite Road Sta. 9+00 to 14+00 Plan and - - 11. 14+00 18+80 Plan Profile Fite Road - Sta. to and - 12. Profile Fite Road Sta. 18+80 to 23+60 Plan and - - 13. Plan Profile Fite Road - Sta. 23+60 to 28+40 and - 14. Plan Profile Fite Road - Sta. 28+40 to 32+12.76 and - 15. Profile Hatfield Road Sta. 0+00 to 5+00 Plan and - - 16. 10+00 Profile Hatfield Road Sta. 5+00 to Plan and - - 17. Sta. 7+95.66 South Box Culvert Sta. 0+00 to Plan and Profile - 18. Water Pump Station Site Plan Storm - 19. Water Pump Station Plan View Storm - 20. Pump Station Elevations Storm Water - 21. Water Pump Station Structural Plan and Section Storm - 22. Water Pump Station - Structural Profile and Sections Storm 23. Water Pump Station Structural Sections Storm - 24. Pump Station Structural Miscellaneous Details Storm Water - 25. Water Pump Station Miscellaneous Details Storm - 26. Site Plan Water Pump Station Electrical Stoini - 27. Water Pump Station Electrical Details Storm - 28. Corrigan Ditch Culvert Replacement at Fite Road Traffic Control Plan 29. Miscellaneous Details 30. Outfall and Dam Details 31, Storm Sewer Details 32. Storm Sewer Details 33. Storm Sewer Details 34. Paving Details Project No. 052511256.0004 00004 - Page 1 of 1 LIST OF DRAWINGS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond INVITATION TO BID CITY OF PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM Sealed BIDs will be received, in duplicate, referencing the following project in the office of the City Secretary, the City of Pearland, 3rd floor, Suite 309, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581, until 3:00 p.m., June 2, 2004, at which time they will be publicly opened and read aloud for the construction of: PROJECT TITLE: Corrigan Subdivision Drainage Improvements Contract No. 2 — Detention Pond. RFB No. 2004-058 BIDs received after the closing time will be returned unopened. General Contractors are required to attend a pre -bid conference for this project. The pre -bid conference will be held on May 26, 2004 at 3:30 p.m. local time at the Pearland City Hall, first floor conference room. The project will entail construction of: The detention pond including excavation, grading and compaction of pond, berm, back -slope swales, and dam, outfall structures, culverts, storm water pump station roadway improvements, and related drainage improvements for the Corrigan Subdivision Drainage Improvements Contract No. 2. The project is located just south of Broadway/F.M. 518, west of S.H. 35/Main Street, and east of F.M. 1128. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearland F. W. Dodge/McGraw Hill Information Services City Hall 4101 Greenbriar, Suite 320 3519 Liberty Drive Houston, Texas 77098 713-529-4895 Pearland, Texas 77581 281-652-1600 Associated General Contractors of America Inc. Associated General Contractors of America Inc. 3825 Dacoma Street 2400 Augusta, Suite 180 Houston, Texas 77092-8717 713-843-3700 Houston Texas 77057 713-334-7100 Turner Collie & Braden Inc. 5757 Woodway, Suite 205 Houston, Texas 77057 713-780-4100 Bid documents may be obtained from the Bid Center, Turner Collie & Braden Inc., 5757 Woodway, Houston, Texas 77057, 713-780-4100. The City of Pearland Mobility and Drainage Program Standard Technical Specifications may be purchased for the amount of $40.00. Contract Documents and Plans may be purchased for the amount of $50.00. Make all checks payable to Turner Collie & Braden Inc. The amount of the purchase will not be refunded. Project No. 052511256.0004 00020 — Page 1 of 2 INVITATION TO BID Corrigan Subdivision Drainage Improvements Contract No. 2 CITY of PEARLAND Detention Pond No bid n'ay be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Bonds Bidder's Bond, Cashier's Check or Certified Check payable to the City of Pearland in the amount of 5%;of the total base bid price must accompany each proposal The successful bidders must famish Performance and Payment Bonds as required by law (Article 5160, Vernon's Texas Civil Statues, as amended) upon an acceptable form In the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Depaitn ent Circular No. 570," payable to the City of Pearland, Texas. Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed advantageous to the City of Pearland. Gordon Island Purchasing Officer Project No. 052511256.0004 00020 — Page 2 of 2 INVITATION TO BID Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond INSTRUCTIONS TO BIDDERS 1. Defined Terms Terms used in these Instructions to Bidders are defined in Section 00700 - General Conditions of the Construction Contract. Certain additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof. 1.1. BIDDER - one who submits a bid directly to OWNER as distinct from a sub -bidder, who submits a bid to a BIDDER. 1.2. Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3. Successful Bidder -the lowest responsible BIDDER to whom OWNER (on the basis of OWNER' s evaluation as hereinafter provided) makes an award 1.4 Program Manager — Turner Collie & Braden Inc. 2. Copies of Bidding Documents 2.1. Complete sets of the Bidding Documents, in the number and for the payment sum stated in the Invitation to Bid, may be obtained from the Issuing Office. 2.2. Complete sets of Bidding Documents must be used in preparing BIDS; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents or otherwise associated with the Bidding Documents. 2.3. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining BIDs for the Work and do not confer a license or grant for any other use. BIDDER may not make copies of the Bidding Documents. Ownership of the Bidding Documents shall remain with the OWNER 3. Qualifications of BIDDERS To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit, within five (5) days after BID opening and upon OWNER's request detailed written evidence such as financial data, previous experience, present commitments and proof that the BIDDER has the personnel, equipment, and material to execute the work required by the Contract Documents or any other such data as may be called for below. 4. Examination of Contract Documents and Site 4.1. It is the responsibility of each BIDDER, before submitting a BID: 4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (mcludmg "technical data" referred to below); Project No. 052511256.0004 00100 - Page 1 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 4.1.2. To visit the site to become familiar with and satisfy BIDDER as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work; 4.1.3. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work; 4.1.4. To study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data and 4.1.5. To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which BIDDER has discovered in or between the Contract Documents and such other related documents. 4.2. Reference is made to the General and Supplementary Conditions for identification of: 4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions, or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE INFORMATION, DATA, INTERPRETATIONS, AND OPINIONS SHOWN, INDICATED, OR CONTAINED IN THE PLANS ARE ACCURATE, CORRECT, COMPLETE, OR FIT FOR THEIR INTENDED PURPOSES 4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions, or information shown or indicated in such PLANS or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE INFORMATION, DATA, INTERPRETATIONS, AND OPINIONS SHOWN, INDICATED, OR CONTAINED IN THE DRAWINGS ARE ACCURATE, CORRECT, COMPLETE, OR FIT FOR THEIR INTENDED PURPOSES. Copies of such reports and PLANS will be made available by OWNER to any BIDDER on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which BIDDER is entitled to rely as provided in Paragraph 2.06 of the Supplementary Conditions. BIDDER is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information. 4.3. 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 and ENGINEER by owners of such Underground Facilities or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. Project No. 052511256.0004 00100 - Page 2 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE INFORMATION, DATA, INTERPRETATIONS, AND OPINIONS SHOWN, INDICATED, OR CONTAINED IN THE PLANS ARE ACCURATE, CORRECT, COMPLETE, OR FIT FOR THEIR INTENDED PURPOSES. 4.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERs with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 2.06 of the Supplementary Conditions. 4.5. Before submitting a BID, each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance, or furnishing of the Work, or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its BID for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.6. On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a BID. BIDDER must fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.7. Reference is made to the Supplementary Conditions for the identification of the general nature of work to be performed at the site by OWNER (if applicable) or others (such as utilities and other prime contractors) that relates to the Work for which a BID is to be submitted. On request, OWNER will provide to each BIDDER for examination, access to, or copies of Contract Documents (other than portions thereof related to price) for such work. 4.8. The submission of a BID will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4, that without exception, the BID is premised upon performing and furnishing the Work required by the Contract Documents, and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents the BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that BIDDER has discovered in the Contract Documents, and written resolutions thereof by ENGINEER are acceptable to BIDDER, that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work, that the BIDDER has no questions regarding the Work, that the BIDDER has all information necessary to make a fully informed BID, and that the BIDDER has conducted all tests at the site it deems necessary. 4.9. The provisions of 4.1 through 4 8, inclusive, of this Article, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste, or Radioactive Material covered by Paragraph 2.09 of the Supplementary Conditions. Project No. 0525I 1256.0004 00100 - Page 3 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 5. Availability of Lands for Work, etc. The lands upon which the Work is to be performed rights -of -way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed, transmitted by facsimile machine, or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opemng of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications may not be relied upon and will not be binding upon OWNER or ENGINEER or legally effective 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER 7. Bid Security 7.1. Each BID must be accompanied by Bid Security made payable to OWNER in an amount of five percent (5%) of BIDDER's maximum Bid price and in the form of a certified or cashier's check or a Bid Bond issued by a surety meeting the requirements of Paragraph 4.05 of the General Conditions. 7.2. The Bid Security of Successful Bidder will be retained until such BIDDER has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award, and the Bid Security of that BIDDER will be forfeited The Bid Secunty of other BIDDERs whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the thirty-sixth day after the BID opening whereupon Bid Security furnished by such BIDDERs will be returned. Bid Security with Bids which are not competitive will be returned within seven (7) days after the BID opening. 8. Contract Times The Contract Times, as defined in Paragraph 1.13 of the Supplementary Conditions, are set forth in the Agreement. Project No. 052511256.0004 00100 - Page 4 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the PLANS or specified in the Specifications without consideration of possible substitute or "or - equal' items. Whenever it is indicated in the PLANS or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 4.30.1, 4.30.2, and 4.30.3 of the Supplementary Conditions 11. Subcontractors, Suppliers, and Others If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder, and any other BIDDER so requested, shall, within five (5) days after BID opening, submit to OWNER a list of all such Subcontractors Suppliers, and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor Supplier, person, or organization if requested by OWNER An OWNER or ENGINEER who after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person, or organization may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 4.04 of the General Conditions. 11.2. The apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such BIDDER proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER's written consent. 11.3. No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person, or organization against whom CONTRACTOR has reasonable objection Project No. 052511256.0004 00100 - Page 5 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Issuing Office(s) described in the Invitation to Bid. 12.2. All blanks on the Bid Form must be completed in ink. 12.3. BIDS by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 12.4. BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5. All names must be typed or printed in black ink below the signature. 12.6. The BID shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12.7. The street and/or post office box address and telephone and/or fax number for communications regarding the BID must be shown. 12.8. When applicable, evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown. 13. Submission of Bids Each BID shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of BIDDER and accompanied by the Bid Security and other required documents. If the BID is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bills may be modified or withdrawn by an appropriate document duly executed (in the manner that a BID must be executed) and delivered to the place where BIDs are to be submitted at any time prior to the opening of BIDs. 14.2. If, within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its BID, that BIDDER may withdraw its BID and the Bid Security will be returned. Thereafter, that BIDDER Project No. 052511256.0004 00100 - Page 6 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond will be disqualified from further bidding on the Work to be provided under the Contract Documents. 15. Opening of Bids BIDS will be opened and read aloud publicly (unless obviously nonresponsive) at the place where BIDS are to be submitted. An abstract of the amounts of the base Bl I )S and major alternates (if any) will be made available to BIDDERS after the opening of BIDS 16. Bids to Remain Subject to Acceptance All BIDS will remain subject to acceptance for ninety (90) days after the day of the BID opening, but OWNER may, in its sole discretion, release any BID and return the Bid Security prior to that date. 17. Award of Contract 17.1. OWNER reserves the right to reject any or all BIDS, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional BIDS and to reject the BID of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER whether because the BID is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating BIDS, OWNER will consider the qualifications of BIDDERS, whetheror not the BIDS comply with the prescnbed requirements and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any BID and to establish the responsibility qualifications and financial ability of BIDDERS, proposed Subcontractors Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. Project No. 052511256.0004 00100 - Page 7 of 8 INSTRUCTIONS TO BIDDERS Project No. 052511256.0004 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 17.5. If the contract is to be awarded, it will be awarded, in accordance with Paragraph 1.3, to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 17.6. If the contract is to be awarded, OWNER will give Successful Bidder a Notice of Award within ninety (90) days after the day of the BID opening. 18. Contract Security Paragraph 4.05 of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it must be accompanied by the required Bonds. 19. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number (as stated in Section 00500 "Agreement") of unsigned counterparts of the Agreement with all other written Contract Documents attached Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall dehver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the PLANS with appropriate identification. 20. Prebid Conference A prebid conference will be held as stated in Section 00020 ("Invitation to Bid"). 21. Taxes 21.1. CONTRACTOR shall pay all applicable sales, consumer, use, and other similar taxes except as exempted 21.2. Sales tax. CONTRACTOR shall obtain the necessary documentation so that any sales tax exemptions due to the nature of the Work performed by CONTRACTOR or Subcontractors pursuant to this Agreement shall be applied to this Agreement and these cost savings due to the Project's exempted status shall be passed on to OWNER. CONTRACTOR and each of its Subcontractors or sub -Subcontractors must obtain a Texas Limited Sales, Excise and Use Tax Permit for all materials required to be purchased in connection with the Project. 22. Retainage Provisions concerning retainage are set forth in the Agreement. END OF SECTION 00100 - Page 8 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND GEOTECHNICAL AND ENVIRONMENTAL INFORMATION 1.0 DOCUMENT INCLUDES A. Soils Investigation Report B. Environmental Site Assessment 2.0 RELATED DOCUMENTS Section 01570 — Trench Safety System 3.0 SITE INVESTIGATION REPORTS Detention Pond A. In the design and preparation of Contract Documents for this project, the City and the ENGINEER have relied upon the information in geotechnical reports and environmental site assessment reports for the investigation and analysis of soils and subsurface conditions of the project site. B. Neither the City nor the ENGINEER shall be responsible for accuracy or completeness of any such information or data. 4.0 GEOTECHNICAL REPORTS A geotechnical study dated March 2003, was performed by Tolunay-Wong Engineers, Inc. The report is titled `Geotechnical Study; Corrigan Subdivision; City of Pearland Mobility and Drainage Program; Pearland, Texas." 5.0 ENVIRONMENTAL REPORTS An environmental report dated February 2003 was performed by Quadrant Consultants Inc. This report is titled "Phase I Environmental Site Assessment, Corrigan Drainage Improvements.' 6.0 BIDDER'S RESPONSIBILITIES A. BIDDER shall have full responsibility for interpretation of the reports and use of the information for his bidding and construction purposes. B. BIDDER may perform such additional soil investigations as he deems appropriate. END OF DOCUMENT Project No. 052511256.0001 00220 — Page 1 of 1 GEOTECHNICAL AND May 5, 2004 ENVIRONMENTAL INFORMATION Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond BID Date: Jug 2 , 2004 BID of Triple B Savicl , L.L.P. , an individual proprietorship, a corporation authorized to transact business in Texas, or a partnership consisting of Manias, Keith & Kevin Frirke registered to transact business in Texas for Corrigan Subdivision Drainage Improvements Contract No. 2 — Detention Pond, City of Pearland, Project No. 052511256.0004, RFB No. 2004-058. THIS BID IS SUBMITTED TO: City Secretary City of Pearland, City Hall 3519 Liberty Drive, 3`d Floor, Suite 309 Pearland, Texas 77581 1. The undersigned BIDDER proposes and agrees, if this BID is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this BID and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts the terms of the form of Agreement and the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Invitation to BID and Instructions to Bidders including without limitation those dealing with the disposition of Bid Security. This BID will remain subject to acceptance for ninety (90) days after the day of BID opening. If BIDDER is the Successful Bidder, BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this BID, BIDDER represents and warrants, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and Addenda. • BIDDER hereby acknowledges receipt of the following Addenda: (List Addenda by Addendum Number and Date). Addendum No.: 3 Dated: 6/2 I Addendum No.: Dated: Addendum No.: Dated: (b) BIDDER has visited the site, has conducted all testing at the site BIDDER deems necessary, has become familiar with, has taken into consideration in formulating its BID, and accepts the general, local and site conditions that may affect cost, progress, performance, and furnishing of the Work; Project No. 052511256.0004 00300 — Page 1 of 10 BID revised 5/10/04 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond (c) BIDDER is familiar with, has taken into consideration in formulating its BID and accepts all federal, state and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in. or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 2.06. BIDDER accepts the determination set forth in Paragraph 2.06 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in Paragraph 4.2 of the General Conditions. BIDDER understands, acknowledges, and agrees that such reports and drawings are not Contract Documents and may not be complete for BIDDER's purposes BIDDER understands, acknowledges, and agrees that OWNER and ENGINEER are not responsible for and make no warranties regarding the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to surface and subsurface conditions and Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied and is responsible for obtaining and studying any and all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by BIDDER, and safety precautions and programs incident thereto as may be necessary. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this BID for performance and furnishing of the Work in accordance with the times, price, and other tenius and conditions of the Contract Documents. (g) BIDDER is aware of the general nature of work to be performed by OWNER and others at the site that relates to Work for which this BID is submitted as indicated in the Contract Documents. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER; BIDDER has no questions regarding the Work; BIDDER has all information necessary to make a fully informed BID; and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this BID is submitted. (h) This BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly Project No. 052511256.0004 00300 — Page 2 of 10 BID revi ed 5/10/04 Corrigan Subdivision Drainage Improvements Contract No. 2 • CITY OF PEARLAND Detention Pond or indirectly induced or solicited any other BIDDER to submit a false or sham BID; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. BIDDER is duly qualified to carry on business in the State of Texas; possesses or has the ability to possess all licenses, permits, and certificates of authority necessary to commence and to complete the Work in accordance with the Bidding Documents; is fully qualified and has experience in performing work of the same type as the Work covered by the .Bidding Documents; and will provide all necessary labor, superintendence, machinery equipment, tools, materials, services, and other means of construction to complete all work upon which BIDDER bids and complete said work within the time stated and for maintaining same as required for the following prices: Project No. 052511256.0004 00300 — Page 3 of 10 BID revised 5/10/04 4 CITY OF PEARLAND Corrigan Subdivision Drainage Improvements'Contract No. 2 Detention Pond Item No. Description of Item Approx Unit Unit Quantity Price* 5. Schedule of Unit Price Bid: Detention Pond 1. Mobilization 2. Project Identification Signs 3. Traffic Control Plan 4. Site Preparation 5. Remove and Dispose of Existing Asphaltic Concrete Pavement Remove and Dispose of Existing Concrete Spillway 7. Remove and Dispose of Existing Concrete Sidewalk 8. Remove (Nondestructive) of Existing Pump and Pump Station 9. Remove and Dispose of Existing Storm Sewer Culverts, All Sizes and Depths 10. Remove and Dispose of Existing Storm Inlet 11. Detention Pond Excavation 12. Detention Pond Embankment, Compaction and Grading 13. Haul and Dispose of Surplus Excavated Material 14. Construct Berm 15. Dam Placement, Compaction and Grading Lump. Sum Each Lump Sum Lump Sum Square Yard Lump Sum Linear Foot Lump Sum Linear Foot Each 2 $ 130b °° 1 $ 89 00 °o 1 $ 1300 .°° 2,000 $ z 160 $ D .65 800 $ y °o 2 Cubic 53,000 Yard Cubic 28,000 Yard Cubic Yard Cubic Yard Cubic Yard 42,000 $ tastto II0, 60 l 510 20 $ 13. °?. 800 $ (P) Total Amount Bid $ $ 89o0, $ 1300°2 $ 400 °o $ 1300.9P °° $ 145,/oo.499 $8 Project No. 052511256.0004 00300 — Page 4 of 10 BID Revised 5/10/04 CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond Item No. Description of Item 16. Dam Structure With Headwalls 17. Backslope Swales 18. 18" RCP, Storm Sewer 19. 24" RCP, Storm Sewer 20. 24" ASCP Storm Sewer 21. 30" RCP, Storm Sewer 22. 36" RCP, Storm Sewer 23. •48" RCP, Storm Sewer 24. 5'x4' RCB, Storm Sewer 25 8'x8' RCB, Storm Sewer 26. 8'x8' RCB, Sloped End Sections 27. Type "A" Inlet 28. Type "E" Inlet 29. Modified Type "B" Berm Inlet 30. Type "C" Manhole for 42" Storm Sewer and Smaller 31. Type "C" Manhole for 48" Storm Sewer and Larger • Approx Unit Total Unit Quantity Price* Amount Bid Lump Sum Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot Each Each Each Each • Each Each 1 1,200 $ akim IQ1 45 235 $ ,� 500 $ 41.3r 25 380 150 $ �a 870 $ 1a8.°° 750 $ o0 320 $48on 4 $ 000.9.2 1 $ 1 1fi6 °° 5 8 $61;60.1/9 11 $ t 3(P(/o a0 a435o. a $ Aedhcei R15 $ 2340 °° $ 50R. 2s $ 15a..' $ q60 ,p° $ W30,° 0 $ /ate ois $ //Moo. —o $ / 54 000 °° Project No. 052511256.0004 00300.— Page 5 of 10 BID Revised 5/10/04 CITY OF PEARLAND Corrigan Subdivision Drainage Improvements'Contract No'. 2 Detention Pond Item No. Description of Item Approx Unit Total Unit Quantity Price* Amount Bid 32. 8'x8' Junction Box 33. Plug and Fill Existing 15" RCP Storm Sewer 34. 18" RCP - 6:1 Safety End Treatment 35. 24" RCP - 6:1 Safety End Treatment 36. 30" RCP - 6:1 Safety End Treatment 37. 36" RCP - 6:1 Safety End Treatment 38. 48" Ductile Iron Pipe Flange Connection 39. 48" Duck Bill Check Valve Flanged Mounted 40. 5 1/4" Channel Lock Concrete Cellular Mattress 41. 8" Channel Lock Concrete Cellular Mattress 42. Regrade Existing Roadside Ditch 43. Pump Station Vault and Intake Structure • 44. Pump Station Piping 45. Pump Station Electrical 46. Pumps 47. 42" Restrained Joint Ductile Iron Pipe Force Main Each 1 Lump Sum Each Each Each Each Linear Foot Each 13 8 2 $ 1I18005' $ 11800.'2 $ 90-0,00 $ qao, 0-o $ (o50. $ *leg $ goo, $ i.2Go" $ 1 Sao.°° $ a15O,°2 20 1 $ SOOO°:9 a Square 500 $ g a� Yard //� Square 800 $ l08 Yard Linear 4,500 $ Foot Lump Sum Lump Sum Lump Sum 1 Each 4 Linear Foot 560 00 $ ;150 00 $ 12$.00. °° Offia,°P $ 54, tioo, 9-9 ` 42- $ r i 553,00 Project No. 052511256.0004 00300 — Page 6 of 10 BID Revised 5/10/04 Corrigan Subdivision CITY OF PEARLAND Drainage Improvements"Contract No: 2 Detention Pond Item No. Description of Item 48. 6" Concrete Pavement, Including Lime Stabilized Subgrade 49. 4" Concrete Sidewalk 50. Roadway Embankment 51. 8" Lime Stabilized Subgrade 52. Lime 53. 6" Flex Base Course 54. 2" Hot Mix Asphaltic Concrete Pavement 55. Saw Cut Existing Concrete Pavement 56. Crushed Gravel Access Road 57. Replace Existing Driveway 58. Relocate 8" Water Line 59. Relocate Existing 6'Chain Link Fence 60. 6' Chain Link Fence 61. Pipe Bollards • 62. 18' Double Swing Access Gate 63. Reinforced Filter Fabric Barrier Approx Unit Quantity Square 400 Yard Linear Foot 175 Cubic 225 Yard Square 2,100 Yard Tons 43 Square 2,100 Yard Square 2,050 Yard Linear. Foot Square Yard Each Linear Foot 35 75 7 275 Linear 2,200 Foot Linear 750 Foot Each 50 Each Linear Foot Unit Price* $ $ • 60 1055 (off (41c AGocs 3 $ 0 on 80 $ LV�0 Total Amount Bid $ l(oP0,ao $ agg25"o $ (0320 °� $ Ig25o.°° $ 23 (D0°0 $ 10875.°a $ 13aoo 2 $ 4or Project No. 05251125E 0004 00300 — Page 7 of 10 BID Revised 5/10/04 CITY OF PEARLAND Corrigan Subdivision. Drainage Improvements 'Contract No: 2 Detention Pond Item No. Description of Item Approx Unit Total Unit Quantity Price* Amount Bid 64. Filter Fabric Fence 65. Stabilized Construction Exit 66. Hydromulch Seeding and Fine Grading 67. Site Dewatering for the Pump Station Structure 68. Site Dewatering for the Dam and Headwalls 69. Site Dewatering for the 8'x 8' Concrete Box Culverts Linear 8,400 Foot Each Square 34,000 Yard Lump Sum Lump Sum Lump Sum TOTAL AMOUNT BID * In the event of a discrepancy, figures in this column govern. • • 1 1 1 • 2,7s 2,,q10.2c Project No. 052511256.0004 00300 — Page 8 of 10 BID Revised 5/10/04 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond Substitutions: Substitutions are not acceptable in the bidding process. 6. BIDDER agrees to begin work promptly after written Notice to Proceed is given by ENGINEER or OWNER and will substantially complete the Work within 286 calendar days in accordance with Paragraph 6.08 of the General Conditions and will complete the Work and be ready for final payment within 300 calendar days after the date of the written Notice to Proceed in accordance with Paragraph 6.09 of the General Conditions. Alternately, BIDDER agrees to begin work promptly after written Notice to Proceed shall have been given by the ENGINEER or OWNER, and to substantially complete the Work within 2R6 calendar days in accordance with Paragraph 6.16 in the Supplementary Conditions, and will complete the Work and be ready for final payment within 300 calendar days in accordance with Paragraph 6.08 of the General Conditions. (This statement may or may not be completed at the BIDDER's option. If the statement is not completed, or if the time specified is greater than that in the preceding paragraph, the preceding paragraph shall govern.) BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time specified in the Agreement. BIDDER has enclosed with this BID the required Bid Security in the form of a Bid in the amount of $ 5% G1B BIDDER agrees that this amount is a measure of liquidated damages which OWNER will sustain by failure of the BIDDER to execute and deliver above -named Agreement and Bonds, and not a penalty and further agrees that this Bid Security shall be collected and retained by OWNER as liquidated damages in the event this BID is accepted by OWNER within ninety (90) days after opening of Bids and BIDDER fails to execute the Agreement and the required Bonds with OWNER within fifteen (15) days after Contract Documents are received by BIDDER; otherwise said Bid Security shall be returned to the BIDDER in accordance with Paragraph 7 of Section 00100 — Instruction to Bidders Project No. 052511256.0004 00300 — Page 9 of 10 BID Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond AT -EST: Very truly yours (SSA ,, if Bidder is Corporation) Surety Co: Address: Telephone No.: Facsimile No.: Title: By (Signature) Keith (Typed or Printed Name) Manaajng Partner Bidder: B mac, L.L.P. (Name of Company) Address: 820 Old Atascocita R5. Huffrran, 'IX 77336 Telephone No.: 281-324-3264 Facsimile No.: 281-324-1304 Tilt' Wirt-r°an:3 0-op - Wrap, T n 8 Crermay Plaza, Suite 814 }flstcn, 'I)C 77046 713-355-1000 71 R--155 -1 flfll Project No. 052511256.0004 00300 - Page 10 of 10 BID 61BCSCX7171 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Triple B Services, L.L P. 820 Old Atascosita Road, Huffman, TX 77336 as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company Hartford Plaza, Hartford, CT 06115 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF PEARLAND as Obligee, hereinafter called the Obligee, in the sum of 5% of the attached bid Dollars ($ 1, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CORRIGAN SUBDIVISION - MOBILITY & DRAINAGE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sutficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in .the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this AAP- ft Ass (Witness) (Witness) 2 7 th day of May le 2004 Triple B Services, L:L P. IILA (Principal) (Seal) (Tfde) Keith Burke, Managing Hartford FiInsuran (Surety) Partner Company (Seat) ( 'e) Molly Reaga Sat r ar, Attor -y-in-Fact • POWER OF ATTORNHY OW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call:888 266-3488 or fax: 860-757-5835) Agency Code 61 613992 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the " Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED ROBERT M. OVERBEY, JR , CAROL E. HOCK, MOLLY REAGAN SALAZAR OF HOUSTON, TEXAS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by El and to execute seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority (0 Er_V wig David T. Akers, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 27 , 2004 Signed and sealed at the City of Hartford. POA 2004 Gary W. Stumper, Assistant Vice President THE IA.RTFQRD Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: . : Fax — Claims E-mail .• Mailing Address : • • 888-266-3488 860-757-5835 or 860-547-8265 claims@lstepsurety.com The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 Obligee Name CITY OF PEARLAND Obligee Mailing Address Policy Number 61BCSCX7171 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, .2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism as is true for all coverages, is limited by the terms, conditions, exclusions limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, anypayments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this formor elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B-3333-0 2002, The Hartford Page 1 of 1 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond AGREEMENT THIS AGREEMENT is dated as of the 23rd day of Ale UST in the year 2004 by and between City of Pearland, (hereinafter called OWNER) and T LPL E !3 see VI c6 S (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. 1.1. CONTRACTOR shall perform the Work in a good and workmanlike manner and in the best way and most expeditious and economical manner consistent with the interests of the OWNER, shall exercise the degree of care, skill, and diligence in the performance of the Work in accordance with and consistent with industry standards for similar circumstances, shall utilize its best skill, efforts, and judgment in furthering the interests of the OWNER, and shall furnish efficient business administration and supervision (collectively, CONTRACTOR's "Standard of Care"). 1.2. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of the detention pond including excavation, grading and compaction of pond, berm, back -slope swales, and dam, outfall structures, culverts, storm water pump station, roadway improvements, and related drainage improvements for the Corrigan Subdivision Drainage Improvements Contract No. 2. The project is located just south of Broadway/F.M. 518, west of S.H. 35/Main Street, and east of F.M. 1128. Article 2. ENGINEER. The Project has been designed under subcontract to Turner Collie & Braden Inc., acting as Program Manager. Turner Collie & Braden Inc., who is hereinafter called ENGINEER and who is to act as OWNER's Representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3e CONTRACT TIMES. 3.1 The Work will be substantially completed with 286 days after the date when the Contract Times commence to run as provided in Paragraph 5.05 of the General Conditions and will be completed and ready for final payment in accordance with Paragraph 6.09 of the General Conditions within 300 days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence to this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. They also recognize the delays, Project No. 052511256.0004 00500 — Page 1 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3.1 above for Substantial Completion until the Work is substantially complete After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3 1 above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts as indicated in the attached BID As provided in Paragraph 6.04 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in Paragraph 6.03 of the General Conditions. Unit prices have been computed as provided in Paragraph 6.04 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments; Retainage. Subject to OWNER' s right to withhold payment in Paragraph 6.15.4 of the Supplementary Conditions, OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR s completed Applications for Payment as recommended by ENGINEER, on or about the loth day of each month during construction as provided in Paragraph 5.1 1 below. All such payments will be measured by the schedule of values established in Paragraph 4.32.1 3 of the Supplementary Conditions (and in the case of Unit Price Work based on the number of units completed). 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 6.15.4 of the Supplementary Conditions. Ninety percent (90%) of the Work completed and included in the Application for Payment (with the balance being retainage). Ninety percent (90%) (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation Project No. 052511256.0004 00500 — Page 2 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond satisfactory to OWNER as provided in Paragraph 6.06 of the General Conditions) and included in the Application for Payment. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 6.08 of the General Conditions and submission of a completed Application for Payment OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 6.08 in the Supplementary Conditions Article 6. INTEREST. All moneys not paid when due as provided in Article 6 of General Conditions shall bear interest at the maximum rate allowed by law in the State of Texas. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations and warranties: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8) and the other related data identified in the Bidding Documents including "technical data." 7.2. CONTRACTOR has visited the site, has conducted all testing at the site CONTRACTOR deems necessary, has become familiar with, has taken into consideration in formulating its BID, and accepts the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; 7.3. CONTRACTOR is familiar with and has taken into consideration in formulating its BID and accepts all federal, state and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facihties) which have been identified in the Supplementary Conditions as provided in Paragraph 2.06. CONTRACTOR accepts the determination set forth in Paragraph 2.06 of the Supplementary Conditions of the extent of the `technical data' contained in such reports and drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR understands, acknowledges, and agrees that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR understands, acknowledges, and agrees that OWNER and ENGINEER are not responsible for and make no warranties regarding the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to surface and subsurface conditions and Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied and is responsible for obtaining and studying any and all such additional or supplementary examinations, investigations, explorations tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which Project No. 052511256.0004 00500 — Page 3 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto as may be necessary. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to Work for which this BID is submitted as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site reports and PLANS identified in the Contract Documents and all additional examinations, investigations, explorations, tests studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, CONTRACTOR has no questions regarding the Work, CONTRACTOR has all infoiniation necessary to make a fully informed BID, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this BID is submitted. 7.8. CONTRACTOR represents and warrants that CONTRACTOR (i) is qualified and experienced, (ii) is capable of performing the Work and has available resources to perform the Work, and (iii) understands and agrees to the terms of all of the Contract Documents. Article 8. CONTRACT DOCUMENTS. The Contract Documents that comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. Invitation to Bidders (pages 1 to 2, inclusive). 8.2. Instructions to Bidders (pages 1 to 8, inclusive). 8.3. Bid (pages 1 to 10, inclusive). 8.4. Addendum No. (pages to , inclusive) 8.5. This Agreement (pages 1 to 7, inclusive). 8.6. Construction Performance Bond (pages 1 to 4, inclusive) Construction Payment Bond (pages 1 to 4 inclusive). Construction Maintenance Bond (page 1 to 4, inclusive) 8.7. General Conditions of Agreement (pages 1 to 31, inclusive), Including Attachments 1 and 2. 8.8. Supplementary Conditions (pages 1 to 24, inclusive). Project No. 052511256.0004 00500 — Page 4 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 8.9. Insurance Certificate. 8.10. Technical Specification bearing the title "Mobility and Drainage Program Standard Technical Specifications, Division 2 through Division 16. ' 8.11. Division 1 General Requirements included in the Specification book bearing the title `Mobility and Drainage Bond Program, Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond, Contract Documents, RFB No. 2004-058.' 8.12. PLANS consisting of a cover sheet and sheets numbered 1 through 34, inclusive. 8.13. Documentation submitted by Contractor prior to Notice of Award (pages to inclusive) if applicable. 8.14. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 7.01, 7.02, 7.03, and 7.04 of the General Conditions. In the event of any discrepancies between the parts of the Contract Documents, or likewise, in the event of any doubt as to the meaning and intent of any portion of the Contract Documents, ENGINEER shall define that which is intended to apply to the Work. The documents listed in Article 8.3 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraphs 7.01, 7.02, 7.03, and 7.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto or effective without the prior written consent of the party sought to be bound and, specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners successors assigns, and legal representatives in respect to all covenants agreements, and obligations contained in the Contract Documents. Project No. 052511256.0004 00500 — Page 5 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. If, however, the void or unenforceable provision is of the essence of this Agreement, nothing in the Paragraph 9.4 shall prevent this entire Agreement from being void. 9.5. OTHER PROVISIONS. As noted hereinafter: 9.5.1. The following Articles shall survive termination of this Agreement: 3 (Contract Times); 7 (Contractor's Representatives); and 9 (Miscellaneous). 9.5.2. Headings and titles of Articles in this Agreement are included herein for convenience of reference only and shall not constitute a part of the Agreement for any other purpose and will not affect in any way the meaning or interpretation of this Agreement. 9.5.3. This Agreement as executed by authorized representatives of OWNER and CONTRACTOR constitutes the entire Agreement between the parties with respect to matters herein and there are no oral or written understandings, representations, or commitments of any kind, express or implied, not expressly set forth herein. 9.5.4. This Agreement, its interpretation, and any disputes relating to, arising out of or connected with this Agreement, shall be governed by the laws of the State of Texas, without regard to conflicts of law provisions. Any dispute relating to, arising out of, or connected with this Agreement shall be filed and maintained in the state or federal courts located in Brazoria County, Texas, unless otherwise agreed by the parties in connection with an Alternative Dispute Resolution Agreement. 9.5 5 Each party hereto represents and warrants that the person executing this Agreement on its behalf is duly authorized and empowered to do so and that all formalities necessary for its approval of this Agreement have been satisfied 9.5.6. CONTRACTOR undertakes performance of the Work as an independent contractor. Nothing herein shall create a relationship of employer and employee, joint venture, or partnership between OWNER and CONTRACTOR its agents, representatives, employees, or subcontractors for any purpose whatsoever Nothing herein shall create a relationship of principal and agent between OWNER and CONTRACTOR, its agents, employees, representatives, or subcontractors Neither party shall have the authority to bind or obligate the other in any manner as a result of the relationship created hereby. 9.5.7. Upon payment of a portion of the Work, CONTRACTOR shall be deemed to have sold and conveyed to OWNER, and OWNER shall be deemed to have purchased from CONTRACTOR all of CONTRACTOR s right, title and interest in the Work. From and after the date of such payment within fifteen (15) days of the request of OWNER, CONTRACTOR shall execute and deliver such bills of sale and other instruments of conveyance, assignment, transfer, and delivery as OWNER may reasonably request in order to convey such right, title and interest to OWNER. From and after the date of such payment, title to the Work shall remain with OWNER. Project No. 052511256.0004 00500— Page 6of7 AGREEMENT Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Pearland By: 0 4,644 00c n °&SAL] ono, 000 ,/co® % �. O O O Asa O P "e \ 0 00° w� \ O -tr I A Attest i a . ISA I Wrti .14te s lty � Addres • • givi : notices 3519 Liberty Drive Pearland, Texas 77581 • 3 , 2004 (which is the CONT CTOR Triple Biwas, L.L.P. ()Att• By: [CORPORATE SEAL] 1 Attest Address for giving notices 820 Old Atasaccita Pd. Huffman, 'IX 77336 If CONTRACTOR is a corporation, attach evidence of authority to sign). END OF SECTION Project No. 052511256.0004 00500 — Page 7 of 7 AGREEMENT CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond Bond Number 61BCSCX7171 CONSTRUCTION PERFORMANCE BOND Any singular ular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Triple B Services LLP 820 Old Atascocita Road Huffman .TX 77336 OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland, Texas 77581 CONSTRUCTION CONTRACT Date: SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company* P.O. Box 4611 Houston TX 77210-4611 *Home Office address: The Hartford 690 Asylum Avenue Hartford CT 06115 Amount (In Numbers and Words): Two Million, Five Hundred Seventy Three Thousand, Four Hundred Fifty -Two and 45/100 ($2,573,452.45) Description (Name and Location): Corrigan Area Drainage Improvements Contract 2 - Detention Pond BOND Date (Not earlier than Contract Date): August 25, 2004 Amount (In Numbers and Words) : Two Million, Five Hundred Seventy -Three _ Thousand, Four Hundred Fifty -Two and 45/100 ($2,573,452.45) Modifications to this Bond Form: none CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Company: Triple B Servi es L Signature: l ost\ ) 4 Signature: Name and Title: Keith Burke, Managing Part= SURETY H Name and Title: (Corp. Seal) ire Insurance Company latot 0 ) Robert M. Overbey, Jr., Attorney in Fact Project No. 052511256.0004 00610 — Page 1 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond WHEREAS: 1. The CONTRACTOR and the Surety, jointly and severally bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators successors, and assigns to the OWNER for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Construction Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1 hereinafter. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at its address (described in Paragraph 10 below) that the OWNER is considering declaring a CONTRACTOR Default and that the OWNER has requested and attempted to arrange a conference with the CONTRACTOR and Surety to be held not later than fifteen (15) days after receipt of' such notice to discuss methods of performing the Construction Contract. If the OWNER, the CONTRACTOR, and Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Construction Contract but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR s right to complete the contract. Such CONTRACTOR Default shall not be declared earlier than twenty (20) days after the CONTRACTOR and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the OWNER. 4. When the OWNER has satisfied the conditions of Paragraph 3, the Surety shall within thirty (30) days after notice of default, and at the Surety's expense, take one of the following actions • 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents, or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Construction Contract; arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and pay to the OWNER the amount of damages, as described in Paragraph 6 hereinafter, in excess of the balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's default; or Project No. 052511256.0004 00610 — Page 2 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor with reasonable promptness under the circumstances: 4.4.1. After investigation, determine the amount for which it may be liable to the OWNER and as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2. Deny liability in whole or in part and notify the OWNER citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4, the Surety shall be deemed to be in default on this Bond. The OWNER shall be entitled to enforce any remedy available to the OWNER If the Surety proceeds as provided in Subparagraph 4.4 above, and the OWNER refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice, the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4 1, 4.2, or 4 3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Construction Contract. To the limit of the amount of this Bond but subject to commitment by the OWNER of the Balance of the Contract Price, and subject to mitigation of costs and damages on the Construction Contract, the Surety is obligated and subject without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective work and completion of the Construction Contract; 6.2. Additional legal, design professional, and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4 above; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance of the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders, and other obligations 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted withm one year after CONTRACTOR Default or within one year after the CONTRACTOR ceased working, or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Project No. 052511256.0004 00610 — Page 3 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 10. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom, and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price. The total amount payable by the OWNER to the CONTRACTOR under the Construction Contract after all contractual adjustments, have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to which the CONTRACTOR, in accordance with the Contract, is due. 12.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 OWNER Default Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract or to perform and complete or comply with the other terms thereof END OF SECTION Project No. 052511256.0004 00610 — Page 4 of 4 CONSTRUCTION PERFORMANCE BOND CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond Bond Number 61BCSCX7171 CONSTRUCTION PAYMENT BOND Any singular reference to Contractor, Surety, OWNER, or other pa applicable. shall be considered plural where CONTRACTOR (Name and Address): Triple B Services LLP 820 Old.:.Atascocita Road Huffman TX 77336 OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland, Texas 77581 CONSTRUCTION CONTRACT Date: Amount (In Numbers and Words) : Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount (In Numbers and Words): Modifications to this Bond Form: SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company* P.O. Box 4611 Houston TX 77210 *Home Office Address The Hartford 690 Asylum Avenue Hartford CT 06115 Two Million, Five Hundred Seventy -Three Thousand, Four Hundred Fifty -Two and 45/100 ($2,573,452.45) Corrigan Area Drainage Improvements Contract 2 - Detention Pond August 25, 2004 Two Million, Five Hundred Seventy -Three Thousand, Four Hundred Fifty -Two and 45/100 ($2,573,452.45) none CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Triple BServicesi LISP X Mel\ ‘ijt Signature: Name and Title: Kith Burke, Nara SURETY Company: Signature: Name and Title: (Corp. Seal) rd ' re Incur ce Company Robert M. Overbey, Jr. Attorney in Fact Project No. 052511256.0004 00620 Page 1of4 CONSTRUCTION PAYMENT BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond WHEREAS: 1. The CONTRACTOR and the Surety, jointly and severally bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators successors and assigns to the OWNER to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR 2.1. Makes payment in accordance with the normal and customary course of business, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless the OWNER from claims, demands, liens, or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the OWNER has notified the CONTRACTOR and the Surety (at the address descnbed in Paragraph 12) of any claims, demands hens or suits tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety within forty-five (45) days of actual knowledge of the event, and provided there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR makes payment in accordance with the normal and customary course of business, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by, or have a direct contract with, the CONTRACTOR have given notice to the Surety (at the address described in Paragraph 12 following) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, specifies the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR: 4.2.1. Have furnished written notice to the CONTRACTOR and have sent a copy, or notice thereof, to the OWNER, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and 4.2.2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within thirty (30) days of furnishing the above notice, any communication from the CONTRACTOR by which the CONTRACTOR has indicated the claim will be paid directly or indirectly and 4.2.3. Not having been paid within the above thirty (30) days, have sent a written notice to the Surety (at the address described in Paragraph 12 following) and have sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. Project No. 052511256.0001 00620 — Page 2 of 4 CONSTRUCTION PAYMENT BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 5. If a notice required by Paragraph 4 above is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4 above, the Surety shall promptly, and at the Surety's expense, take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within forty-five (45) days after receipt of the claim stating the amounts that are undisputed and that basis for challenging any amounts that are disputed 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the CONTRACTOR furnishing, and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Construction Contractor are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond subject to the OWNER's priority to use the funds for the completion of the Work. The Surety shall not be liable to the OWNER, Claimants, or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond and shall have, under this Bond, no obligations to make payments, to give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one (1) year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract whichever of (1) or (2) first occurs If the provisions of Paragraph 4 are void or prohibited by law the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed by certified or registered mail to the address shown on the signature page. Actual receipt of notice by the Surety, the OWNER, or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed Project No. 052511256.0001 00620 — Page 3 of 4 CONSTRUCTION PAYMENT BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions. 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR, or with a subcontractor of the CONTRACTOR, to furnish labor, matenals, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include, without limitation in the terms, ` labor, materials or equipment" that part of water, gas, power, light, heat oil, gasoline, telephone service, or rental equipment used in the Construction Contract; architectural and engineering services required for performance of the work of the CONTRACTOR and the CONTRACTOR'S subcontractors; and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor materials, or equipment were furnished. 15.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR, as required by the Construction Contract, or to perform and complete or comply with the other terms thereof. END OF SECTION Project No. 052511256.0001 00620 — Page 4 of 4 CONSTRUCTION PAYMENT BOND Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond Bond Number 61BCSCX7171 CONSTRUCTION MAINTENANCE BOND 1 (one) year Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Triple B Services LLP 820 Old Atascocita Road Huffman TX 77336 OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland TX 77581 CONSTRUCTION CONTRACT Date: SURETY (Name and Principal Place of Business) : Hartford Fire Insurance Company* P.O. Box 4611 Houston TX 77210-4611 *Home Office 690 Asylum Avenue Hartford CT 06115 Amount (In Numbers and Words): Two Million, Five Hundred Seventy Three Thousand, Four Hundred Fifty -Two and 45/100 ($2,573,452.45) Description (Name and Location): Corrigan Area Drainage Improvements Contract 2 - Detention Pond BOND Date (Not earlier than Contract DateO'gust 25, 2004 Amount (In Numbers and Words): Two Million, Five Hundred Seventy -Three Thousand, Four Hundred Fifty -Two and 45/100 ($2,573,452.45) Modifications to this Bond Form: none CONTRACTOR AS PRINCIPAL Triple B S" ices LLP Company: Co SURETY (Corp. Seal) Company: Hart Signature: Name and Title: yjth fie, managing part= (Corp. Seal) Insurance Company Signature: Name and Title: Robert M. Overbey, it . Attorney in Fact Doc Rev. 02/17/00 Job No.052511256.0004 00630 no 1 of 4 CONSTRUCTION MAINTENANCE BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond WHEREAS: 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators successors, and assigns to the OWNER for the performance of the Construction Contract during the warranty and guarantee periods, which is incorporated herein by reference. 2. If the CONTRACTOR repairs any and. all Defects in Work during the maintenance period, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at its address described in Paragraph 10 below that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Construction Contract If the OWNER, the CONTRACTOR, and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Warranty Work, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR s right to complete the Warranty Work. Such CONTRACTOR Default shall not be declared earlier than twenty (20) days after the CONTRACTOR and the Surety have received notice as provided in Subparagraph 3.1; and 4. When the OWNER has satisfied the conditions of Paragraph 3 above, the Surety shall, within thirty (30) days after notice of default, and at the Surety's expense take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Warranty Work; or 4.2 Undertake to perfoini and complete the Warranty Work itself, through its agents or through independent contractors; or 4.3. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 4.3.1 After investigation, determine the amount for which it may be liable to the OWNER, and as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.3.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. Doc. Rev. 02/17/00 Job No. 052511256.0004 00630 - 2 of 4 CONSTRUCTION MAINTENANCE BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 5. If the Surety does not proceed as provided in Paragraph 4, the Surety shall be deemed to be in default on this Bond fifteen (15) calendar days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in Subparagraph 4.3, and the OWNER refuses the payment tendered, or the Surety has denied liability, in whole or in part, without further notice, the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Warranty Work, and if the Surety elects to act under Subparagraph 4.1 or 4.2 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Construction Contract. To the limit of the amount of this Bond, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective work; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4 above, and 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9. Any proceeding, legal or equitable under this Bond may be instituted in any court of competent Jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after CONTRACTOR Default or within one year after the CONTRACTOR ceased working, or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law; the minimum period of limitation available to sureties as a defense in the Jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom, and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. Doc. Rev. 02/17/00 Job No. 052511256.0004 00630 - 3 of 4 CONSTRUCTION MAINTENANCE BOND Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 12. Definitions. 12.1. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.2. CONTRACTOR Default: Failure of the CONTRACTOR which has neither been remedied nor waived, to perfoiin or otherwise to comply with the terms of the Construction Contract. 12.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract, or to perform and complete or comply with the other terms thereof. END OF SECTION Doc. Rev. 02/17/00 Job No. 052511256.0004 00630 - 4 of 4 CONSTRUCTION MAINTENANCE BOND POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: x 1 Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835) Agency Code: 61 613992 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED ROBERT M. OVERBEY, JR., CAROL E. HOCK, MOLLY REAGAN SALAZAR OF HOUSTON, TEXAS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by /, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 0 Cek Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT 1 COUNTY OF HARTFORD On 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ss. Hartford t- David T. Akers, Assistant Vice President I, the undersigned Assistant Vice President of the Companies, copy of the Power of Attorney executed by said Companies, which is still Signed and sealed at the City of Hartford. CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31 DO HEREBY CERTIFY that the above and foregoing is in full force effective as of August 25, 2004 ,2007 a true and correct Gary W. Stumper, Assistant Vice President POA 2004 Obligee Name CITY OF PEARLAND Obligee Mailing Address City of Pearland TX 3519 Liberty Drive, 3rd Floor Pearland, TX 77581 Policy Number 61BCSCX7171 IMPORTANT NOTICE TOOBLIGEES/POLICYHOLDERS TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002 we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B-3333-0 Page 1 of 1 2002, The Hartford Hartford Fire Insurance Company Hartford, Connecticut Financial Statement, December 31, 2003 (Statutory Basis) ASSETS U.S. Government Bonds ... ... ... Bonds of other Governments ... ....... State, County, Municipal an d Miscellaneous Bonds ......... Stocks ... ... ... ... ... Short Term Investments ... ... ... Real Estate ... ... ... ... ... ... Cash... ...... ... ... ... ... Agents' Balances (Under 90 Day Other Invested Assets ... ... ... . Miscellaneous ... ... ... ... ... ..._. Total Admitted Assets ... ......... STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD } $ 51,529,809 451,413,485 4,729,444,340 7,476,569,114 266,775,589 12,975,732,337 LIABILITIES Reserve for Claims and Claim Expense... ..... Reserve for Unearned Premiums ..... Reserve for Taxes, License and Fees $ 5,766,448,319 1,575,882,951 ......... 99,616,164 Miscellaneous Liabilities ... ......... 2,080,356,909 Total Liabilities ... ...... ..........$. 9,522,304,343 118,425,452 Capital Paid In $ 55,000,000 135,469,469 Surplus ... ... ... 7,840,548,415 2,204,015,518 122,851,283 1,861,358,699 17,417,852,758 ss. Surplus as regards Policyholders... $ Total Liabilities, Capital and Surplus ...... ... .......$ 7,895,548,415 17,417,852,758 Donald J. LaValley, Assistant VicePresident, and Patricia A. Murrone, Assistant Secretary f dlhe Hartford Fire Insurance Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company ' s financial condition as of December 31, 2003 . Sworn to before me February 12, 200 4 Patricia E. Da is Notary Public My Commission Expires September 30, 2007 Donald J. LaValley, Assistant VicePresident Patricia A. Murrone, Assistant Secretar y Form CS-19-37 HF Printed in U.S.A. e4g �v "'' .t.JJ: 2. METE°IID Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following Phone Number: : Fax — Claims : E-mail : Mailing Address : 888-266-3488 860-757-5835 or 860-547-8265 clanns@lstepsurety.com The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 Client#: 14325 TRIPLI 3 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/01/2004 PRODUCER Ins. Assoc. of the S. W., LLC P. O. Box 441767 'uston, TX 77244 .41 558-6363 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED Triple B Services, LLP 820 Old Atascocita Huffman, TX 77336-2587 INSURER A: Amerisure Mutual Insuranc INSURER B: National Union Fire Ins C INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECT VE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY1 EACH OCCURRENCE $1,000,000 A GENERAL LIABILITY CPP201020203 04/05/04 04/05/05 X COMMERCIAL GENERAL LIABILITY DAMAGE TO (Ea RENTED $300 000 I CLAIMS MADE I X OCCUR MED EXP (Any one person) $5 000 • X PD Ded:5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY I X FECT n" LOC 04/05/04 04/05/05 A AUTOMOBILE LIABILITY CA201020303 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY EA ACCIDENT $ GARAGE LIABILITY - EA ACC $ ANY AUTO OTHER THAN AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY BE5684295 04/05/04 04/05/05 EACH OCCURRENCE $2,000,000 X OCCUR I CLAIMS MADE AGGREGATE $2,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 $ A WORKERS COMPENSATION AND WC201019905 04/05/04 04/05/05 X TORY IMITS I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NO E.L. DISEASE - EA EMPLOYEE $1,000,000 If SPECIAL yes, describe PROVISIONS under below E.L. DISEASE - POLICY LIMIT $1,000 ,OOO OTHER DESCRIPTION RE: Subdivision Owner, Construction Engineer, OF OPERATIONS Drainage of and the / LOCATIONS Improvements, their Mobility affiliates / VEHICLES and shall Drainage Contract / EXCLUSIONS be named Bond No.: ADDED 2004-058 Program Additional BY ENDORSEMENT Corrigan Insureds / SPECIAL PROVISIONS with (See respects Attached to all Descriptions) policies except Workers' Compensation as required by CERTIFICATE HOLDER CANCELLATION City of Pearland c/o Turner, Collie & Braden 5757 Woodway Houston, TX 77057 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) 1 of 3 #S74175/M72532 AUTHOjtiZED REPRESENTATIVE KRG o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S74175/M72532 written contract. Owner, Engineer, and their affiliates are issued a Waiver of Subrogation with respects to all policies except Umbrella Liability as -equired by written contract. AMS 25.3 (2001/08) 3 of 3 #S74175/M72532 CITY OF PEARLAND GENERAL CONDITIONS SECTION 00070 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1. DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1 1.02 Contract Documents 1 1.03 Subcontractor 1 1.04 Written Notice 1 1.05 Work 2 1.06 Extra Work 2 1.07 Working Day 2 1.08 Calendar Day 2 1.09 Substantially Completed 2 1.10 Interpretation of Words and Phrases 2 1.11 Referenced Standards 3 1.12 Special Conditions 3 2. RIGHTS AND RESPONSIBILITIES OF THE OWNER 3 2.01 Adequacy of Design 3 2.02 Right of Entry 3 2.03 Ownership of Drawings 3 2.04 Changes and Alterations 4 2.05 Damages 4 3. RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 4 3.01 Owner -Engineer Relationship 4 3.02 Keeping of Plans and Specifications Accessible 5 3.03 Preliminary Approval 5 3.04 Inspection by Engineer 5 3.05 Deteiuiination of Questions and Disputes 6 3.06 Objections 6 3.07 Recommendation of Payment 6 4/00 00700-i CITY OF PEARLAND GENERAL CONDITIONS 4. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7 4.01 Independent Contractor 7 4.02 Contractor's Understanding 7 4.03 Laws and Ordinances 7 4.04 Assignment and Subletting 8 4.05 Performance and Payment Bonds 8 4.06 Insurance 8 4.07 Certificate of Insurance 10 4.08 Permits and Fees 11 4.09 Texas State Sales Tax 11 4.10 Contractor's Duty and Superintendence 11 4.11 Character of Workers 11 4.12 Labor, Equipment, Materials, Construction Plant and Buildings 12 4.13 Sanitation 12 4.14 Cleaning and Maintenance 12 4.15 Performance of Work 12 4.16 Right of Owner to Modify Methods and Equipment 13 4.17 Layout of Work 13 4.18 Shop Drawings 13 4.19 Engineer -Contractor Relationship; Observations 14 4.20 Observation and Testing 14 4.21 Defects and Their Remedies 15 4.22 Liability for Proper Performance 15 4.23 Protection Against Accident To Employees and the Public 16 4.24 Protection of Adjoining Property 16 4.25 Protection against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery and Supphes 17 4.26 Protection Against Royalties or Patented Invention 17 4.27 Indemnification 17 4.28 Losses From Natural Causes 18 4.29 Guarantee 19 5. PROSECUTION AND PROGRESS 19 5.01 Time and Order of Completion 19 5.02 Extension of Time 19 5.03 Hindrances and Delays 20 5.04 Liquidated Damages for Delay 20 4/00 00700-ii CITY OF PEARLAND GENERAL CONDITIONS 6. MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions 21 6.02 Quantities and Measurements 21 6.03 Estimated Quantities 21 6.04 Price of Work 21 6.05 Payments 22 6.06 Partial Payments 22 6.07 Use of Completed Portions 23 6.08 Final Completion and Acceptance 23 6.09 Final Payment 24 6.10 Correction of Work Before Final Payment 24 6.11 Correction of Work After Final Payment 24 6.12 Payments Withheld 25 6.13 Delayed Payments 25 7. EXTRA WORK AND CLAIMS 26 7.01 Change Orders 26 7.02 Minor Changes 26 7.03 Extra Work 26 7.04 Time of Filing Claims 28 8. ABANDONMENT OF CONTRACT 28 8.01 Abandonment by Contractor 28 8.02 Abandonment by Owner 30 9. ARBITRATION 31 9.01 Arbitration 31 ATTACHMENT NO. 1 - WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2 - AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B 1 4/00 00700-iii CITY OF PEARLAND GENERAL CONDITIONS SECTION 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATION 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER the CONTRACTOR, and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER means a person authorized to act as a representative of the entity designated by the OWNER to provide engineering services required in connection with the preparation and performance of this Contract. 1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the documents contained, assembled and bound with these General Conditions of Agreement, including, whether or not labeled as such, Notice to Bidders (Advertisement), General Instructions to Bidders, Proposal, Addenda, signed Agreement, Performance and Payment Bonds (if required), Special Bonds (when required), General Conditions of Agreement, Special Conditions of Agreement (if any), Insurance Certificate, Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the Agreement and any other document, whether or not labeled, which shall become a part of the set of documents bound together with the General Conditions of Agreement. The contract documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflicts between any of the contract documents shall be resolved first by reference to these General Conditions of Agreement; and in the event the General Conditions of Agreement do not address such conflict, then the designated ENGINEER shall resolve any conflict by a written interpretation, copies of which shall be forwarded to all parties to the Contract, and the original shall be attached to and shall become a part of these General Conditions of Agreement and thus a part of the contract documents. 1.03 SUBCONTRACTOR. The term "subcontractor," as employed herein, includes only those having a direct contract with the CONTRACTOR for performance of work on the project contemplated by these contract documents OWNER shall have no responsibility to any subcontractor employed by CONTRACTOR for performance of work on the project contemplated by these contract documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, firm or corporation. 4/00 00700-1 CITY OF PEARLAND GENERAL CONDITIONS 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation, and all other facilities or services of any nature whatsoever necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict confoiinity with the contract documents. 1.06 EXTRA WORK. The teiui `Extra Work," as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably implied by the specifications, and which shall, prior to the commencement of such work, be authorized in writing by the ENGINEER. 1.07 WORKING DAY. A "working day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6 00 p.m. 1.08 CALENDAR DAY. A "calendar day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. The term "substantially completed," as used in this Contract, means that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but shall require minor miscellaneous work and adjustment. 1.10 INTERPRETATION OF WORDS AND PHRASES Whenever the words `directed," "permitted," "designated," "required' "considered necessary," `prescribed," or words of like import are used it shall be understood that the direction, requirement, permission, order, designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words `approved," "acceptable, "satisfactory " or words of like import shall mean that no exception is taken, but does not relieve CONTRACTOR of responsibility for performance of project requirements. Whenever in the Specifications or drawings accompanying this Agreement, the terms of description of various qualities relative to finish workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily descnbed in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, 4/00 00700-2 CITY OF PEARLAND GENERAL CONDITIONS any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 SPECIAL CONDITIONS. In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this Contract, then in such event the special conditions shall control. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed competent engineers and/or designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the contract documents, the safety of the structure and the practicability of the operations of the completed project, provided that the CONTRACTOR has complied with the requirements of the said contract documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the contract documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR shall have no cause to complain if his work shall be delayed by reason of such inspection, construction or installation of collateral work. 2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed contract documents, are to be returned to the OWNER on request at the completion of the work. All drawings and models are the property of the OWNER. 4/00 00700-3 CITY OF PEARLAND GENERAL CONDITIONS 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If the amount of work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any established for such work under this Contract, except as hereinafter provided for unit price items under Article 6 of this Contract; otherwise such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 2.05 DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act, negligence, omission, mistake, or default of the OWNER, thereby causing loss to the CONTRACTOR the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER -ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER's representative during construction. The duties, responsibihties, and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the contract documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER The ENGINEER shall advise the OWNER as to the progress of the work, and any instructions by the OWNER to the CONTRACTOR shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the work; therefore, wntten decisions or directions rendered by the ENGINEER as the OWNER' s representative shall be promptly earned out, and any claim arising therefrom shall be adjusted as hereinafter provided. Unless otherwise specified it is mutually agreed between the parties to this Agreement that the ENGINEER shall review all work included herein and shall have the authority to issue written stop 4/00 00700-4 CITY OF PEARLAND GENERAL CONDITIONS work orders whenever such stoppage may be necessary to insure the proper execution of this Contract. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one copy of the same constantly accessible on the job site with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications for reference and review by the OWNER or the ENGINEER. 3.03 PRELIMINARY APPROVAL The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of good material, and for performing good work as herein described, and in full accordance with the Plans and Specifications, without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such matenal furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER prior to final acceptance, and if found not to be in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality of the executed work and to determine if such work generally meets the essential performance and design features and the technical, functional and/or engineering requirements of the contract documents, and is in all other respects being performed in compliance with the contract documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the 4/00 00700-5 CITY OF PEARLAND GENERAL CONDITIONS contract documents by the CONTRACTOR in the performance of the work and any part thereof and, on the basis of such on -site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other contract document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors' agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. The ENGINEER shall determine all questions in relation to said work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the contract documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the contract documents, or any other dispute, claim or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the contract documents or a written decision on all claims of the parties hereto and on all questions arising relative to the execution of the work, copies of which shall be delivered to all parties to the Contract, and the original thereof shall become a part of the contract documents and shall be binding and final as to all parties to the Contract. 3.06 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either the OWNER or the CONTRACTOR, is not in accordance with the meaning and intent of this Contract, either party may, within thirty (30) days of receipt of such decision, file its written objection to the decision with the ENGINEER; and the ENGINEER shall, upon receipt of such written objection and within twenty (20) days thereafter, review the same and render a written affirmation or modification of the original interpretation, which shall become a part of the contract documents. Either party who shall remain aggrieved after the ENGINEER has rendered his affirmation or modification of his previous decision, shall have the right, within a period not to exceed sixty (60) days after the ENGINEER has filed his affirmation or modification of the decision with the District Secretary, to file suit in the District Court, seeking a declaratory judgment or other relief to determine the intent of the contract documents. If any aggrieved party shall fail to file such a petition with the District Court within the time specified, the decision of the ENGINEER shall become final and binding and non -appealable. 3.07 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such 4/00 00700-6 CITY OF PEARLAND GENERAL CONDITIONS recommendation of an application for payment to CONTRACTOR shall not be deemed to be a representation by the ENGINEER that any examination has been made to determine how or for what purpose CONTRACTOR has used the monies paid on account of the contract price. As a condition of final payment, the CONTRACTOR shall execute an Agreement for Final Payment and Contractor's Sworn Release, in a form as included herein and made a part of these contract documents, being its agreement to accept the amount recommended by the ENGINEER as full payment for the work that has been completed as set out in the CONTRACTOR's application for payment and supporting data. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method, and manner of performing such work, so long as such methods do not adversely affect the completed improvements or any other property abutting or adjoining the work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR s own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which in any way affect the work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning and intent of all of the contract documents and understands the meanings of all parts of such documents or other factors affecting the work, which were not previously understood. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, ordinances and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances, and regulations, whether 4/00 00700-7 CITY OF PEARLAND GENERAL CONDITIONS by the CONTRACTOR or his employees If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising there from. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE AND PAYMENT BONDS. In the event the contract price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance and Payment Bonds, each in the sum of one hundred percent (100%) of the total contract price, which shall be increased at any time to cover any change orders, additives or add-ons, in accordance with the provisions of Chapter 2253 of the Texas Government Code If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All required bonds shall be submitted on foiuis approved by the OWNER for this purpose guaranteeing the faithful performance of the work and fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such Performance and Payment Bonds are furnished and approved by the OWNER. Each such bond shall be executed by a corporate surety or corporate sureties duly authorized to do business in the State of Texas The cost of the premium for the Performance and Payment Bonds shall be included in the CONTRACTOR's Proposal. 4.06 INSURANCE The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the life of this Contract, and for one additional year insurance as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact 4/00 00700-8 CITY OF PEARLAND GENERAL CONDITIONS business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or separate policies shall be provided covenng the operation of each subcontractor. No policy shall be written on a "claims made" form. The OWNER, the ENGINEER, their agents and employees shall be named as additional insureds on CONTRACTOR s Commercial General Liability, Automobile Liability and excess or Umbrella Liability policies. OWNER may waive the additional insured requirement under the Commercial General Liability policy if an OWNER's and CONTRACTOR's Protective Liability policy with general aggregate limits of $2,000,000.00, with $1,000,000.00 per occurrence limit, is provided. The contractual liability coverage in the Commercial General Liability policy shall not be excluded. The following insurance coverages will be carried and certified. (1) Workers' Compensation Insurance and Employer's Liability Insurance. Attachment No. 1 to these General Conditions contains statutory requirements for Workers' Compensation Insurance. The Employer s Liability Insurance shall have limits as follows: Bodily injury by accident: $500,000 each accident. Bodily injury by disease: $500,000 policy limit. Bodily injury by disease: $500,000 each employee. (2) Commercial General Liability Insurance: Including Contractor's Protective Liability, Broad Form Property Damage, Contractual Liability, Bodily Injury, Personal Injury, and Products and Completed Operations (for a period of one (1) year following completion of the Work under this Agreement) Combined single limit of $1,000 000 each occurrence, Subject to general aggregate $2,000,000; Products and Completed Operations, $1,000,000 aggregate 4/00 00700-9 CITY OF PEARLAND GENERAL CONDITIONS (3) Automobile Liability Insurance: Bodily injury per person: $250,000. Bodily injury per accident: $500,000. Property damage: $250,000. Or a policy providing combined single limits of $750,000. (4) OWNER, at its own discretion, may require an umbrella or excess limits liability policy. (5) All coverages shall be endorsed to waive the carrier's right of subrogation against the OWNER. In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to claim, demand or litigation growing out of or arising from a claim not contemplated herein, such failure on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift the liability of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR DOES HEREIN AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER HARMLESS FROM ANY AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON OF ANY OF THE CIRCUMSTANCES HEREIN ENUMERATED, OR ANY OTHER CLAIMS OR DEMANDS MADE BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF THE WORK PERFORMED BY THE CONTRACTOR. 4.07 CERTIFICATE OF INSURANCE. Within ten (10) days after notification of award of Contract, the CONTRACTOR and each subcontractor shall submit to the OWNER for approval, certificates of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company, setting forth: (1) The name and address of the insured; (2) The location of the operations to which the insurance applies; (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificates. 4/00 00700-10 CITY OF PEARLAND GENERAL CONDITIONS (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract; (6) A provision that the policy may be canceled or materially changed only by mailing written notice to the named insured at the address shown in the policy, stating when, not less than thirty (30) days thereafter, cancellation or change of such policy shall be effective, with a copy of such letter of intent to the OWNER. 4.08 PERMITS AND FEES Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all construction permits, licenses, and inspections necessary for proper execution and completion of the Work and which are legally required at the time bids are received. 4.09 TEXAS STATE SALES TAX Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise, and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying tax at the time of purchase. 4.10 CONTRACTOR'S DUTY AND SUPERINTENDENCE The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work during its progress, a competent superintendent and any necessary assistants all satisfactory to the ENGINEER as the OWNER's representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the employee or agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the CONTRACTOR. The work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the work. 4.11 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the work, and agrees that whenever the ENGINEER shall inform him in wnting that any 4/00 00700-11 CITY OF PEARLAND GENERAL CONDITIONS worker or workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the work, such worker or workers shall be discharged from the work and shall not again be employed on the work without the ENGINEER s written consent. 4.12 EQUIPMENT, MATERIALS, CONSTRUCTION PLANT AND BUILDINGS. The CONTRACTOR shall provide all labor tools, equipment, machinery and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities all means of construction and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid or not paid for such work, until the entire work is completed and accepted. The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER hannless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 SANITATION. Necessary sanitary conveniences for the use of laborers on the work site properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.14 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris caused by the work, and at the completion of the work, he shall remove all such debris and also his tools, scaffolding and surplus materials and shall leave the work broom -clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris and charge the cost to the CONTRACTOR. 4/00 00700-12 CITY OF PEARLAND GENERAL CONDITIONS 4.15 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed. 4.16 RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT. If at any time the methods or equipment used by the CONTRACTOR are found to be inadequate to secure rate of progress required under this Contract, the OWNER or the ENGINEER as the OWNER's representative may order the CONTRACTOR in writing to improve their efficiency, and the CONTRACTOR shall comply with such order. If at any time the working force of the CONTRACTOR is inadequate for securing the progress herein specified, the CONTRACTOR shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 4.17 LAYOUT OF WORK Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER. 4.18 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the Plans and Specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume 4/00 00700-13 CITY OF PEARLAND GENERAL CONDITIONS any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby in relation to the safety of either person or property during CONTRACTOR s performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability, as set out in the contract documents. 4.19 ENGINEER -CONTRACTOR RELATIONSHIP, OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER s representative, shall be and is hereby authorized to appoint such subordinate engineers, supervisors or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors, or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying Plans and Specifications, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer or observer, the CONTRACTOR may, within six (6) days, make written appeal to the ENGINEER for his decision. 4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER s representative shall have the right at all reasonable times to observe and test the work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the work will be ready for such observation. The OWNER or the ENGINEER may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors, and regardless of whether the ENGINEER has previously accepted the work through oversight or otherwise If any work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such work or require testing of said work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing, or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 4/00 00700-14 CITY OF PEARLAND GENERAL CONDITIONS If any work which is required to be inspected, tested or approved is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests, and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any work which fails to meet the requirements of such tests, inspections, or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective Such defective work shall be corrected at the CONTRACTOR's expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, tests, or approvals made by the OWNER, the ENGINEER, or other persons authorized under this Agreement to make such inspections, tests, or approvals shall relieve the CONTRACTOR from his obligation to perform the work in accordance with the requirements of the contract documents. 4.21 DEFECTS AND THEIR REMED I ES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this Contract. It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 4.22 LIABILITY FOR PROPER PERFORMANCE Engineering construction drawings and specifications, as well as any additional instructions and information concerning the work to be perfoinied passing from or through the ENGINEER shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications contained as a part of the contract documents, the intent of such drawings, specifications, and any other such instructions being to define with particularity the agreement of the parties as to work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing scaffolding, machinery or equipment safety precautions or devices, similar items, or devices used by him during construction and work performed either directly or incident to construction, and for all loss damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER, or any other person not a party to this Contract. Any review of work in progress or any visit or observation during construction, or any clarification of Plans and Specifications by the ENGINEER or the OWNER, or any agent, employee or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for construction or construction processes or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature 4/00 00700-15 CITY OF PEARLAND GENERAL CONDITIONS of work completed or being performed, as measured against the drawings and specifications which are part of the Contract, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his work on the project, including, without hmitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Plans and Specifications shall not constitute a waiver of CONTRACTOR's liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Plans and Specifications, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.23 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company hcensed to transact business in the State of Texas, which policy shall comply with the Workers Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction' of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported to the ENGINEER immediately. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER' s representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.24 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining 4/00 00700-16 CITY OF PEARLAND GENERAL CONDITIONS property. THE CONTRACTOR AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT. 4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLI h S. THE CONTRACTOR AGREES THAT HE WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE LAWFUL DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN, AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT POWER TOOLS AND ALL SUPPLIh,S, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. 4.26 PROTECTION AGAINST ROYALTI h,S OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner thereof. THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE, AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS ON ACCOUNT THEREOF, EXCEPT THAT THE OWNER SHALL DEFEND ALL SUCH SUITS AND CLAIMS AND SHALL BE RESPONSIBLE FOR ALL SUCH LOSS WHEN A PARTICULAR DESIGN, DEVICE, MATERIAL, OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS IS SPECIFTFD OR REQUIRED BY THE OWNER, PROVIDED, HOWEVER IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, THEN THE CONTRACTOR SHALL INDEMNIFY, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS ON ACCOUNT THEREOF. In addition, if the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly advises the OWNER of such infringement. 4/00 00700-17 CITY OF PEARLAND GENERAL CONDITIONS 4.27 INDEMNIFICATION. The CONTRACTOR shall be solely responsible for the safety of himself his employees, and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS, OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION TRADE ASSOCIATION, WORKERS' ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS, OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, WORKING CONDITIONS, OR ANY OTHER COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETI hS AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS, AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER, OR ANY OF THEIR OFFICERS, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, JUDGMENT, COST, OR EXPENSE* (1) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS DISEASE, OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND (2) IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART BY A PARTY INDEMNIFIhD HEREUNDER. The obligation of the CONTRACTOR under this Agreement shall not extend to the liability of the ENGINEER, his agents or employees, arising out of the preparation or approval of maps, drawings, reports, surveys, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 4/00 00700-18 CITY OF PEARLAND GENERAL CONDITIONS 4.28 LOSSES FROM NATURAL CAUSES All loss or damage to the CONTRACTOR arising out of the nature of the work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.29 GUARANTEE. The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER's legal counsel, guaranteeing all the work under the Contract to be free from faulty material in every particular and free from improper workmanship; and against unusual damage from proper and usual use; and agreeing to replace or to re -execute without cost to the OWNER such work as may be found to be improper or imperfect, and to make good all damages caused to other work or material, due to such defective work or due to its required replacement or re -execution. This guarantee shall be made to cover a period of one year from the date of acceptance of work under the Contract, as evidenced by the OWNER's Certificate of Acceptance, of the work. Neither the Certificate of Acceptance, final payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty material or workmanship during the period covered by the guarantee. The one year period of any guarantee clauses will not limit the OWNER' s other rights under common law to have defects remedied when discovered after one year. 5. PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence and in such manner as shall be most conducive to economy of construction provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract, the Plans and Specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4/00 00700-19 CITY OF PEARLAND GENERAL CONDITIONS 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when completion of the work has been delayed by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the OWNER, by changes ordered in the work, by stnkes, lockouts, fires and unusual delays by common carriers, by unavoidable cause or causes beyond the CONTRACTOR s control, or by any cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing, of the cause of such delay; and within ten (10) days after receipt of a written request for an extension of time shall from the CONTRACTOR, supported by all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration, and the OWNER shall grant an extension of time for completing the work, sufficient to compensate for the delay. 5.03 HINDRANCES AND DELAYS. In executing the Contract Agreement, the CONTRACTOR agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No claim shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract, except where the work is stopped by order of the OWNER or the ENGINEER as the OWNER's representative for the OWNER's convenience, in which event such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5.04 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence said work on the date specified and will complete said work within the time specified in the Proposal. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the work or any portion thereof shall remain uncompleted after the expiration of the time limit set in the Contract or as extended by the OWNER, the CONTRACTOR shall pay, as minimum liquidated damages, and not as a penalty, the amount set out in the Proposal. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER will sustain in any event by reason of the CONTRACTOR's failure to complete the work within the 4/00 00700-20 CITY OF PEARLAND GENERAL CONDITIONS specified time. Should the OWNER suffer damage over and above the minimum amount specified, by reason of the CONTRACTOR s failure to begin the work when ordered, carry it forward uninterruptedly after beginning, or complete it within the specified time in strict accordance with the Plans and Specifications, the OWNER may recover such additional amount. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 6. MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. It is agreed that it is the intent of this Contract that all work described in the Proposal, the Plans and Specifications and other contract documents, is to be done for the prices quoted by the CONTRACTOR and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by the ENGINEER. If the CONTRACTOR finds any discrepancies or omissions in these Plans, Specifications or contract documents, he should notify the ENGINEER and obtain a clarification before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the work to be included and has provided sufficient sums in his Proposal to complete the work in accordance with these Plans and Specifications. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIh;S AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITI h,S This Agreement, including the Specifications, Plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and matenal to be furnished under this Contract they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from the estimates and that the items listed or estimated quantities stated shall not give rise to a claim by the CONTRACTOR against the OWNER for compensation, unless the work shall have actually been authorized, and performed and material supplied. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise, on account of any differences which may be 4/00 00700-21 CITY OF PEARLAND GENERAL CONDITIONS found between the quantities of work actually done and the material actually furnished under this Contract and the estimated quantities contemplated and contained in the Proposal. 6.04 PRICE OF WORK. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all work by the CONTRACTOR, and upon the completion of all work and the delivery of all materials embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Proposal attached hereto, which is made a part of this Contract, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid work, and for all expenses incurred by him, and for full performance of the work and the whole thereof in the manner and according to this Agreement, the attached Plans and Specifications and contract documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate or payment be considered as acceptance of defective work. CONTRACTOR shall, at any time requested during the progress of the work, furnish the OWNER or the ENGINEER with a verifying certificate showing the CONTRACTOR's total outstanding indebtedness in connection with the work. Before final payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no outstanding liens against OWNER's premises by reason of any work under the Contract. Acceptance by CONTRACTOR of final payment of the contract price shall constitute a waiver of claims against OWNER which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or modification, an application for partial payment, being a statement showing as completely as practicable, the total value of the work done by the CONTRACTOR up to and including the twenty-fifth (25th) day of the preceding month said statement shall also include the value of all sound materials to be fabricated into the work and stored in accordance with manufacturer's recommendation at the Contractor's fully secured and insured designated area. No payment will be made for materials stored until Owner has accepted the Contractor's designated area and proof of insurance for materials stored has been provided. The ENGINEER shall then review such statement and application for partial payment and the progress of the work made by the CONTRACTOR and if found to be in order, shall prepare a certificate for partial payment and shall deliver his certifications for payment to the OWNER and the CONTRACTOR. The CONTRACTOR shall then, prior to payment by the OWNER, certify and attest to the certification that he is in accord with the certification and agrees to accept the amounts set out therein and the total set out therein for the work and for the prices contained in the certification. If the 4/00 00700-22 CITY OF PEARLAND GENERAL CONDITIONS CONTRACTOR does not agree or desires to protest the ENGINEER's certification, the same shall not be certified by the ENGINEER to the OWNER for payment until such dispute has been resolved, and the CONTRACTOR agrees that any claim by the CONTRACTOR for additional compensation, of any nature whatsoever, not contained in the ENGINEER's certification, shall be waived, and further contracts and agrees, upon acceptance of the CONTRACTOR's payment, that this shall constitute full and final payment for work performed by the CONTRACTOR contained in the CONTRACTOR's statement which shall be attached to the ENGINEER's certification. The OWNER shall then pay the CONTRACTOR within thirty (30) days of receipt of the ENGINEER's recommendation for payment, the total amount of the ENGINEER's Certificate of Partial Payment, less ten percent (10%) of the amount thereof, and five percent (5%) on the amount thereafter. Such retainage shall be retained until final payment , and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER's option, may be relieved of the obligation to fully complete the work, and thereupon, the CONTRACTOR shall receive, at the OWNER's option, payment of the balance due him under the Contract, subject only to the conditions set forth under "6.09 FINAL PAYMENT." The Owner at its option and in compliance with state law may reduce retainage to less than the above -stated percentages. 6.07 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. The CONTRACTOR shall notify the ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Contract is "substantially completed". When so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER, in writing, a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR s hst of unfinished work and will add thereto such items as the CONTRACTOR failed to include. The substantial completion of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the contract documents. 4/00 00700-23 CITY OF PEARLAND GENERAL CONDITIONS 6.08 FINAL COMPLETION AND ACCEPTANCE Within ten (10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed or substantially completed, the ENGINEER and the OWNER shall inspect the work; and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion. Thereupon, it shall be the duty of the OWNER, within ten (10) days, to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non -acceptance. 6 09 FINAL PAYMENT. Upon the issuance of the CERTIFICATE of Completion and OWNER's Certificate of Acceptance, the ENGINEER shall proceed to make final measurements and prepare a final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall present the same to the CONTRACTOR for acceptance. The CONTRACTOR, if he finds such statement to be in order, including all work upon which a claim for payment may be made, shall note his acceptance thereon; and by accepting the same, the CONTRACTOR agrees to release any and all claims of any nature whatsoever against the OWNER or the ENGINEER, growing out of or by reason of the performance of the Contract, the construction of the work, for Extra Work, or for any other reason whatsoever, either growing out of the Contract and the documents attached thereto or otherwise In addition, the CONTRACTOR shall execute a full and final release in a form provided by the OWNER, a copy of which, titled Attachment No. 2 to General Conditions," is attached to these contract documents and made a part hereof, which shall be presented to the OWNER with the ENGINEER's final statement and any Change Orders or additions or deletions therefrom, duly attested by the CONTRACTOR, requesting payment. The OWNER shall pay to the CONTRACTOR, on or after the (thirtieth) 30th day and before the (thirty-fifth) 35th day after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of the Agreement, provided the CONTRACTOR has duly executed and returned all documents requiring execution or approval as herein provided, or as may be provided by the OWNER, and that he has fully performed his contractual obligations under the terms of this Contract. Neither the Certificate of Acceptance nor the final payment nor any provision in the contract documents shall relieve the CONTRACTOR of the obhgation for fulfillment of any warranty which may be required by law or by the contract documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER' s premises all materials deemed unsuitable by the ENGINEER on account of failure to conforru to the Contract whether actually incorporated in the work or not, and CONTRACTOR shall, at his own expense, promptly replace such unsuitable materials with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 4/00 00700-24 CITY OF PEARLAND GENERAL CONDITIONS 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final payment nor certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The OWNER or the ENGINEER shall give notice of observed defects with reasonable promptness. 6.12 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate or withhold partial or full payment to such extent as may be necessary to protect himself from loss on account of: (1) Defective work not remedied; (2) Claims filed or reasonable evidence indicating probable filing of claims, (3) (4) (5) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor; Damage to another contractor; Reasonable doubt that the work can be completed for the unpaid balance of the contract amount; (6) Reasonable indication that the work will not be completed within the contract time. (7) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise. (8) Liquidated damages due to late completion. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment may be made for the amounts withheld because of them. However, the OWNER shall have the discretion of withholding or making payment in the event any of items (1) through (8) shall be applicable to the work or progress thereof. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR of the sum named in any partial or final statement, when payment is due, after the same has been recommended for payment by both the ENGINEER and the CONTRACTOR, and the CONTRACTOR has met all other conditions stipulated herein or in the contract documents entitling the CONTRACTOR to payment, then the OWNER shall pay to the CONTRACTOR, in addition to 4/00 00700-25 CITY OF PEARLAND GENERAL CONDITIONS the sum shown as due by such statement interest thereon at the rate of six percent (6%) per annum from date due, as provided under `6.06 PARTIAL PAYMENTS' and "6.09 FINAL PAYMENT," until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment; but the right is expressly reserved to the CONTRACTOR, in the event payments be not promptly made as provided under `6.06 PARTIAL PAYMENTS,' to at any time thereafter treat the Contract as abandoned by the OWNER and to recover compensation as provided under `8. ABANDONMENT OF CONTRACT,' unless such payments are withheld in accordance with the provisions of ` 6.12 PAYMENTS WITHHELD." 7. EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract pnce, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to approve a Change Order which has been prepared by the ENGINEER, the ENGINEER may instruct the CONTRACTOR, in writing, to proceed with the work as set forth in the Change Order, and the CONTRACTOR may make a claim against the OWNER for Extra Work involved therein. However, the CONTRACTOR shall only be entitled to payment upon the execution of the final certification and release in a form as provided for herein, and CONTRACTOR shall approve such certification before the OWNER shall be obhgated to make payment. 7.02 MINOR CHANGES The ENGINEER may authorize minor changes m the work not inconsistent with the overall intent of the contract documents and not involving an increase in contract price. If the CONTRACTOR believes that any minor changes or alteration authorized by the ENGINEER involves Extra Work or entitles him to an increase in the contract pnce, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR, by copy of his communication to the ENGINEER or otherwise in writing, shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the contract price. Any request by the CONTRACTOR for a change in contract price shall be made prior to beginning the work covered by the proposed change. 7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINEER when presented with a wntten work order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Extra Work order by the OWNER. It is agreed that the basis of compensation to the 4/00 00700-26 CITY OF PEARLAND GENERAL CONDITIONS CONTRACTOR for work either added or deleted by a Change Order, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen percent (15%). In the event said Extra Work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost ' is hereby defined to include the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and matenals, supplies, trucks, rentals of machinery, and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or directed by the OWNER, or by them agreed to. The ENGINEER may direct the fonn in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR Unless otherwise agreed upon the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable, and the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work Order. The fifteen percent (15%) of the ` actual field cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the `actual field cost" as herein defined, save that where the CONTRACTOR's camp or field office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 4/00 00700-27 CITY OF PEARLAND GENERAL CONDITIONS No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authonzing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the actual field cost' thereof as provided under Method (C). The CONTRACTOR shall then have the nght to submit his claim directly to the OWNER by proper certification and attestation, on forms provided by the OWNER. If the OWNER shall fail to pay or guarantee to pay said amount claimed within thirty (30) days of the date of submission, the CONTRACTOR shall have the right to file suit in the applicable District Court, for declaratory judgment or other relief, to determine his rights to such claim, and if he shall fail to file suit within sixty (60) days after the date of presentment to the OWNER, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all claims held by the CONTRACTOR shall be deemed forfeited and forever barred if the CONTRACTOR shall accept final payment without having first filed suit in the District Court. 7.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in wnting and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the delivery to the CONTRACTOR of the ENGINEER's final decision. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the delivery to the CONTRACTOR of the ENGINEER's final decision, to appeal the same to the applicable District Court, by filing suit for declaratory judgment or other appropriate relief. In the event the CONTRACTOR shall fail, for any reason, to file suit, and shall accept final payment for all work completed, the OWNER shall be released of any and all liability, and the action by the CONTRACTOR in accepting final payment shall constitute a final bar and satisfaction of all claims held by the CONTRACTOR against the OWNER. 8. ABANDONMENT OF CONTRACT 8.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the contract documents, then and in that case, 4/00 00700-28 CITY OF PEARLAND GENERAL CONDITIONS where Performance and Payment Bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the surety on the Perfoiniance Bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor, it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment tools, materials and supplies as the OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall pay the amount of such excess to the OWNER; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the new contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the surety shall be and remain bound therefor. However should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. When the work shall have been substantially completed, the CONTRACTOR and his surety shall be so notified and Certificates of Completion and Acceptance, as heremabove provided, shall be issued. A complete itemized statement of the contract accounts, certified by the ENGINEER as being 4/00 00700-29 CITY OF PEARLAND GENERAL CONDITIONS correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. The OWNER, prior to incumng an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR as accurate, and upon payment of the sum stated therein, the OWNER shall be entitled to full and final release of any claims or demands by the CONTRACTOR. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his surety. 8.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this Contract (a disputed or unilateral claim by the Contractor cannot by itself constitute "abandonment") and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached Proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments 4/00 00700-30 CITY OF PEARLAND GENERAL CONDITIONS by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the CONTRACTOR for the CONTRACTOR's approval; and upon the CONTRACTOR's approving the same as being true correct and accurate, and upon payment of said sum, the CONTRACTOR shall release the OWNER of any and all liability growing out of or by reason of said Contract, and then the same shall be presented to the OWNER, who shall pay to the CONTRACTOR, on or before thirty (30) days after the date of notification by the CONTRACTOR of the balance shown by said final statement as due the CONTRACTOR under the terms of this Agreement. 9. ARBITRATION 9.01 Any party to this Contract, upon the written agreement and acquiescence of all other parties, may submit any question or dispute under the terms and provisions of the contract documents, to arbitration under such procedure and agreements as the parties shall make in writing prior to arbitration. The results of arbitration shall be binding and shall constitute an amendment to the contract documents when accepted in writing by the parties to the Contract. 4/00 00700-31 CITY OF PEARLAND GENERAL CONDITIONS ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' 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 workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/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 persons or entities performing or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity 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 service 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 meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must prior to the end of the coverage period, file a new certificate of coverage with the 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 4/00 00700-Al CITY OF PEARLAND GENERAL CONDITIONS governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any changes 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 Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by Workers Compensation Insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee. ' "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. 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 meets the statutory requirements of Texas Labor 4/00 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the 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 shown extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 5. retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) through (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 Workers' Compensation coverage for the duration of the project that the coverage agreements 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. 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 contractor void if the 4/00 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. 4/00 00700-A4 CITY OF PEARLAND GENERAL CONDITIONS ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In order to insure that the rights, obligations, and responsibilities of all parties to the original contract document are fully protected, which contract document was signed and executed on the day of , 20 by referred to therein as CONTRACTOR and hereinafter referred to as CONTRACTOR, and , hereinafter referred to as OWNER, on the _ day of , 20_, and further in consideration for the final payment of all sums due and claimed by the CONTRACTOR against OWNER, the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, jointly by all partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the power and authority to execute this Agreement for and on behalf of the said corporation: The Contractor has received I. (number) payments pursuant to (number) of Contractor Payment Estimates, copies of which are attached hereto and marked Exhibit "A," presented to OWNER and paid during the progress of the job referred to in the Contract between the parties; and in this regard, the undersigned CONTRACTOR represents to OWNER that it does not claim nor intend to claim at any future date, any additional sums of money of any nature whatsoever under and by virtue of the payment estimates previously submitted to the ENGINEER for approval, 4/00 00700-B 1 CITY OF PEARLAND GENERAL CONDITIONS or any other sums of money of any nature whatsoever for materials furnished and used in the job or for work done, and hereby releases and discharges OWNER from any liabihties of any nature whatsoever, for any claims of any nature made by the CONTRACTOR at some future date, or by its successors or assigns. II The undersigned CONTRACTOR further represents to OWNER that the Final Payment Estimate and Change Order, if any, submitted by the CONTRACTOR to OWNER, whether or not modified, corrected, or changed in some way by deletions or other modifications by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which is attached hereto and marked Exhibit "B," is true, correct and accurate; and it is further agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of final payment in the amount as set out on the Final Payment Estimate and Change Order, the CONTRACTOR, by execution of this instrument of release, does, therefore, release and forever discharge OWNER of and from all manner of debts, demands, obligations, suits, liabilities and causes of action of any nature whatsoever under and by virtue of the terms and provisions of the Contract hereinbefore referred to, and any change or modification thereof, or in any manner growing out of or arising from or by virtue of the work, labor and services performed by the CONTRACTOR. III. CONTRACTOR, in addition to the provisions set out in the contract document, agrees to indemnify and hold OWNER harmless from any and all causes of action, claims, demands or suits made by any person or other entity against OWNER, by reason of the work performed by such 4/00 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR's sole expense and obligation, whenever such actions may be brought, and further to pay all costs incurred by OWNER in the defense thereof, including administrative costs and attorney's fees, and further to pay any judgments or settlements which may be entered into or agreed to against or for the benefit of OWNER. It is, however, specifically agreed that OWNER shall not enter into any settlement agreements without the acquiescence and agreement of the CONTRACTOR. IV. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. V. It is further specifically understood and agreed that this Agreement for Final Payment and CONTRACTOR's Sworn Release shall constitute a part of the original Contract of the parties heretofore previously referred to, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the contract itself, but this Agreement for Final Payment and CONTRACTOR's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 4/00 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS VI. This Agreement for Final Payment and CONTRACTOR's Sworn Release shall be considered to be continuing and binding upon the parties hereto and shall not terminate upon receipt and acceptance by the CONTRACTOR of final payment, but shall be deemed continuing so long as any actions, claims or other demands contemplated herein against OWNER, may lawfully be brought under applicable statutes of limitations, and shall in addition be deemed to be continuing for such additional period of time as shall be necessary to compensate and repay to OWNER, all costs or damages incurred by it by reason of such claims. 4/00 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS SIGNED and EXECUTED this, the day of 20 . CONTRACTOR Signature Print Name: [If CONTRACTOR is a proprietorship, owner must sign, if a partnership, each partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of , 20 , by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR By: President ATTEST: Corporate Secretary (Corporate Seal) 4/00 00700-B5 CITY OF PEARLAND GENERAL CONDITIONS [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship additional signature lures should be added for each individual.] AFFIDAVIT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and CONTRACTOR's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I(We) am(are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and CONTRACTOR's Sworn Release, and I(we) have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me this, the , 20_ Notary Public, State of Texas day of My Commission Expires• 4/00 00700-B6 CITY OF PEARLAND GENERAL CONDITIONS [This form is for use in the event CONTRACTOR is a corporation.] AFFIDAVIT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: 20 We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of Notary Public, State of Texas My Commission Expires: 4/00 00700-B7 CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond SECTION 00800 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS PART I - AMENDMENTS TO GENERAL CONDITIONS Article Title Page No. 1 Definitions and Interpretations 1 1.13 Contract Times 1 2 Rights and Responsibilities of the Owner 1 2.06 Subsurface and Physical Conditions 1 2.07 Physical Conditions — Underground Facilities 3 2.08 Reference Point 4 2.09 Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material 4 2.10 Related Work at Site 2.11 Coordination 2.12 Owner May Correct Defective Work 5 6 6 3 Rights and Responsibilities of the Engineer 7 3.08 Determination for Unit Prices 7 3.09 Authorized Variations in Work 7 3.10 Clarifications and Interpretations 8 4 Rights and Responsibilities of the Contractor 8 4.05.1 Performance, Payment and Other Bonds 8 4.05.2 Licensed Sureties and Insurers Certificates of Insurance 8 4.06.1 Contractor's Liability Insurance 9 4.06.2 Owner s Liability Insurance 10 4.06.3 Property Insurance 10 4.06.4 Waiver of Rights 11 4.06.5 Receipt and Application of Insurance Proceeds 13 4.06.6 Acceptance of Bonds and Insurance; Option to Replace 12 4.06.7 Partial Utilization — Property Insurance 13 4.30 Substitutes and "Or -Equal' Items 13 4.31 Emergencies 15 4.32 Before Starting Construction 15 4.33 Initially Acceptable Schedules 15 4.34 Safety and Protection 16 5 16 5.05 17 5.06 17 5.06.1 17 5.06.2 17 Prosecution and Progress Commencement of Contract Times, Notice to Proceed Change of Contract Times Claim for Adjustment Time of Essence Project No. 052511256.0004 00800 — Page i of ii SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond 5.06.3 Delays Beyond Contractor's Control 5.06.4 Delays Beyond Owner's and Contractor's Control 17 18 6 Measurement and Payment 18 6.14 Contractor's Warranty of Title 18 6.15 Review of Applications for Progress Payment 18 6.16 Substantial Completion 20 6.17 Waiver of Claims 21 7 Extra Work and Claims 21 7.05 Amending and Supplementing Contract Documents 21 7.06 Unit Price Work 21 8 Abandonment of Contract 8.04 Owner May Suspend Work 8.05 Owner May Terminate 22 22 22 Project No. 052511256.0004 00800 — Page ii of ii SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond SECTION 00800 SUPPLEMENTARY CONDITIONS PART I - AMENDMENTS TO GENERAL CONDITIONS These Supplemental Conditions amend or supplement the General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS SC-1 Add the following 1.13 Contract Times The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09. ARTICLE 2 RIGHTS AND RESPONSIBILITIES OF THE OWNER SC-2 Add the following paragraphs: 2.06 Subsurface and Physical Conditions 2 06 1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 2.06.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 2.06.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 2.06.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the `technical data' contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER, or any of ENGINEER'S Subconsultants with respect to: 2.06.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 2.06.2.2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or Project No. 052511256.0001 00800 — Page 1 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 2.06.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information 2.06.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 2.06.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in Paragraphs 2.06.1 and 2.06.2 is materially inaccurate, or 2.06.3.2. is of such a nature as to require a change in the Contract Documents, or 2.06.3.3. differs materially from that shown or indicated in the Contract Documents, or 2.06.3.4. is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware (within twenty-four [24] hours) thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by Paragraph 6 15), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 2.06 4 ENGINEER s Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's finding and conclusions. 2.06.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in Paragraph 2.06.3, a Work Change Directive or a Change Order will be issued as provided in Article 7 to reflect and document the consequences of' such change 2.06.6. Possible Price and Times Adjustments: An adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition directly causes a material increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 2.06.6.1. such condition must meet any one or more of the categories described in Paragraphs 2.06.3.1 through 2.06.3.2, inclusive; 2.06.6.2. a change in the Contract Documents pursuant to Paragraph 4.2.5 will not be an automatic authorization of, nor a condition precedent to entitlement to any such adjustment; 2.06.6.3. with respect to Work that is paid for on a Unit Pnce Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 3.05 and 7.06• and 2.06.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times, and neither OWNER nor ENGINEER's Subconsultants shall be liable to CONTRACTOR for any costs, losses, expenses, or damages if: Project No. 052511256.0001 00800 — Page 2 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 2.06.6.4.1. CONTRACTOR knew or should have known of the existence of such conditions at the time CONTRACTOR submitted a bid or became bound under a contract to OWNER; or 2.06.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such bid or entering into such contract; 2.06.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by Paragraph 2.1.3. EVEN IF SUCH COSTS, EXPENSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT OR BREACH OF CONTRACT OF OWNER, ENGINEER OR ENGINEER'S SUBCONSULTANTS. If OWNER and CONTRACTOR are unable to agree on entitlement to, or as to the amount or length of, any such adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 7 and 6.06. HOWEVER, OWNER, ENGINEER, AND ENGINEER's SUBCONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT, EVEN IF SUCH CLAIMS, COSTS, LOSSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT, OR BREACH OF CONTRACT OF OWNER, ENGINEER, OR ENGINEER's SUBCONSULTANTS. 2.07. Physical Conditions —Underground Facilities 2 07.1. 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 ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 2.07.11. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2.07.12. The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction and (iv) the safety and protection of all such Underground Facilities as provided in Paragraph 4.34 and repairing any damage thereto resulting from the Work. OWNER and ENGINEER expressly disclaim any and all warranties that the information, data, interpretations, and opinions shown, indicated, or contained in the Contract Documents with respect to existing Underground Facihties at or contiguous to the site is accurate, correct, complete or fit for its intended purpose. Project No. 052511256.0001 00800 — Page 3 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 2.07.2. 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 or is in a location materially different from that shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 4.34), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or different location of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 7 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in Paragraph 4.34. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times or both, to the extent that the Contract Price or Contract Times are directly and materially affected by the existence or different location of any Underground Facility that was not shown or indicated, or was inaccurately shown or indicated in the Contract Documents, and that CONTRACTOR did not know of, and could not reasonably have been expected to be aware of, or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Article 7 HOWEVER, OWNER, ENGINEER, AND ENGINEER's CONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR, OR CONTRACTOR SHALL NOT BE ENTITLED TO AN INCREASE IN THE CONTRACT PRICE OF THE CONTRACT TIMES FOR ANY COSTS, EXPENSES, DAMAGES, OR DELAYS ASSOCIATED WITH ANY SUCH UNDERGROUND FACILITY WHICH CONTRACTOR KNEW OR SHOULD HAVE KNOWN THEREOF, NOR SHALL OWNER, ENGINEER OR ENGINEER's CONSULTANTS BE LIABLE TO CONTRACTOR FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT, EVEN IF SUCH EXPENSES, COSTS, CLAIMS, LOSSES, DAMAGES, OR DELAYS ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT, OR BREACH OF CONTRACT OF OWNER, ENGINEER, OR ENGINEER's SUBCONSULTANTS. 2.08. Reference Points OWNER shall provide engineering surveys to establish reference points for construction which, in ENGINEER s judgment, are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for and pay costs associated with the accurate replacement or relocation of such reference points by professionally qualified personnel. 2.09. Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material 2.09.1. OWNER shall be responsible for any Hazardous Waste uncovered or revealed at the site which was not shown or indicated within the PLANS or Specifications or identified in the Contract Project No. 052511256.0001 00800 — Page 4 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers, or anyone else for whom CONTRACTOR is responsible. 2.09.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such Hazardous Waste and in any area affected thereby (except in an emergency as required by Paragraph 4.31), and (ii) notify OWNER (and thereafter confirm such notice in writing). CONTRACTOR shall not be required to resume Work in connection with such Hazardous Waste or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Article 7. 2.09.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such Hazardous Waste or in such affected area to be deleted from the Work If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 6 and 7. OWNER may have such deleted portion of the Work performed by OWNER s own forces or others in accordance with Special Conditions Paragraphs 2.10 and 2.11. 2.09.4. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims costs, losses and damages arising out of, or resulting from such Hazardous Waste, provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness disease or death, or to injury to or destruction of, tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 2.4.4 shall obligate OWNER to indemnify or hold harmless any person or entity from and against the consequences of that person's or entity's own negligence, fault, strict liability without regard to fault or breach of contract or warranty. 2.09.5. The provisions of Paragraphs 2.1 and 2 2 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the site. 2.10. Related Work at Site 2.10.1. OWNER may perform other work related to the Project at the site by the OWNER's own forces or let other direct contracts therefor which shall contain GENERAL CONDITIONS similar to these or have other work performed by utility owners. If such other work to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other works and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve Project No. 052511256.0001 00800 — Page 5 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond additional expense to CONTRACTOR or require additional time and the parties are unable to agree as to the amount or extent thereof. 2.10.2 CONTRACTOR shall afford each other contractor who is a party to such a direct contract with OWNER and each utility owner (and OWNER if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with that of such other CONTRACTORS. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER and the others whose work will be affected. The duties and responsibilities of the CONTRACTOR under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the CONTRACTOR in said direct contracts between the OWNER and such utility owners and other contractors. 2.10.3. If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under paragraphs 7.5 and 7.6, CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results and performance of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. 2.11. Coordination 2.11 1 If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 2.11.1.1. the person, firm, or corporation who will have the authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2.11.1.2 the specific matters to be covered by such authority and responsibility will be itemized; and 2.11.1.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. 2.12. OWNER May Correct Defective Work Prior to final acceptance, if CONTRACTOR fails, within a reasonable time after written notice from ENGINEER to correct Defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with Paragraph 6.10 or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may after seven (7) days' written notice to Project No. 052511256.0001 00800 — Page 6 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this Paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment, and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this Paragraph. All claims, costs, losses, and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 7. Such claims, cost, losses and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's Defective Work, EVEN IF SUCH CLAIMS, COSTS, LOSSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT BREACH OF CONTRACT, OR BREACH OF WARRANTY OF OTHERS, INCLUDING OWNER, OWNER's REPRESENTATIVES, AGENTS OWNER's OTHER CONTRACTORS, AND, TO THE EXTENT ALLOWED BY LAW, ENGINEER OR ENGINEER's CONSULTANTS. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 3 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER SC-3 Add the following paragraphs: 3.08. Determinations for Unit Prices ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a wntten decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER s written decision thereon will be final and binding upon the OWNER and the CONTRACTOR, unless, within ten (10) days after the date of any such decision, either the OWNER or the CONTRACTOR delivers to the other and to ENGINEER wntten notice of intention to appeal from ENGINEER's decision and (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 7 or (ii) if no such Dispute Resolution Agreement has been entered into, the ENGINEER shall duly consider all facts presented and available and render a written decision within thirty (30) days after OWNER or CONTRACTOR has delivered written notice to the ENGINEER The ENGINEER's written decision thereon will be binding upon OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of Paragraph 3.05 of the General Conditions. Project No. 052511256.0001 00800 — Page 7 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 3.09. Authorized Variations in Work The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article 7. 3.10. Clarifications and Interpretations ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary, which shall be consistent with the intent of, and reasonably inferable from, the Contract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment m the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 7. ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR SC-4 Add the following paragraphs: 4.05.1. Performance, Payment, and Other Bonds 4.05.1.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of the CONTRACTOR s obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date when the final payment becomes due, or as provided otherwise by Laws or Regulations or by the Contract Documents CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies' as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations U.S. Treasury Depaitment and shall be in the form prescribed by applicable Laws and Regulations. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 4.05.1.2. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 4.05.1.1, CONTRACTOR shall within ten (10) days thereafter substitute another Bond and surety, both of which must be acceptable to the OWNER. Project No. 052511256.0001 00800 — Page 8 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 4.05.2. Licensed Sureties and Insurers; Certificates of Insurance 4.05.2.1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in the State of Texas to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 4.05.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, Certificates of Insurance (and other evidence of insurance requested by OWNER or any other additional insured) which the CONTRACTOR is required to purchase and maintain in accordance with Paragraph 4.06 1 Each certificate issued will contain waiver provisions in accordance with paragraph 4.06.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, Certificates of Insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain in accordance with Paragraph 4.06.3 hereof. 4.06.1. CONTRACTOR's Liability Insurance CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of, or result from, CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 4.06.1.1. claims under Workers' Compensation, disability benefits, and other similar employee benefit acts; 4.06.1.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 4.06.1.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4.06.1.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 4.06.1.5. claims for damages, other than to the Work itself, because of injury to or destruction of, tangible property wherever located, including loss of use resulting therefrom, and 4.06.1.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. Project No. 052511256.0001 00800 — Page 9 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond The policies of insurance so required by this Paragraph 4.06 to be purchased and maintained shall: 4.06.1.7. with respect to insurance required by Paragraphs 4.06.1.3 through 4.06.1.6 inclusive, include as additional insured (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Subconsultants, and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 4.06.1.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater. 4.06.1.9. include completed operations insurance; 4.06.1.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under Paragraph 4.061 4.06.1.11. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty (30) days, prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a Certificate of Insurance has been issued (and the Certificates of Insurance furnished by CONTRACTOR pursuant to Paragraph 4.05.2 will so provide); 4.06.1.12. remain in effect at least until the final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing Defective Work in accordance with Paragraph 6.11 and 4.06.1.13. with respect to Completed Operations Insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two (2) years after final payment (and CONTRACTOR shall furnish the OWNER and each other additional insured identified m the Supplementary Conditions to whom a Certificate of Insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one (1) year thereafter). 4.06.2. OWNER's Liability Insurance In addition to the insurance required to be provided by CONTRACTOR under Paragraph 4.06.1, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 4.06.3. Property Insurance 4.06.3.1 Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: Project No. 052511256.0001 00800 — Page 10 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 4.06.3.1.1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Subconsultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 4.06.3.1.2. be written on a Builder's Risk "All -Risk" or Open Peril or Special Causes of Loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary building, falsework, and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 4.06.3.1.3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4.06.3.1.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 4 06.3.1.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with thirty (30) days' written notice to each other additional insured to whom a Certificate of Insurance has been issued. 4.06.3.2. OWNER shall purchase and maintain such Boiler and Machinery Insurance or additional property insurance as may be required by the Supplementary conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured 4.06.3.3. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with Paragraphs 4.06.3.1 and 4.06.3.2 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a Certificate of Insurance has been issued and will contain waiver provisions in accordance with Paragraph 4.06.4. 4.06.3.4. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property Project No. 052511256.0001 00800 — Page 11 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 4.06.3.5 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5 5.1 or 5.5 2, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 4.06.4. Waiver of Rights 4.06.4.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with Paragraphs 4.05.2.1, 4.05 2 2 4.06.3.1 and 4.06 3.2 will protect OWNER, CONTRACTOR Subcontractors, ENGINEER, ENGINEER's Subconsultants, and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the penis covered thereby All such policies shall contain provisions to the effect that in the event of payment of any loss or damage, the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers directors, employees and agents for all losses and damages caused by, arising out of, or resulting from, any of the perils covered by such policies and any other property insurance applicable to the Work; and in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other persons or entities identified in the Supplementary Conditions to be fisted as insureds or additional insureds under such policies for losses and damages so cause. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 4.06.4.2 In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER s Subconsultants, and the officers, directors, employees and agents of any of them for: 4.06.4.2.1. loss due to interruption; loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER'S property or the Work caused by, arising out of, or resulting from, fire or other peril, whether or not insured by OWNER; and 4.06 4 2.2 loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from, fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to Paragraph 6.07, after substantial completion pursuant to Paragraph 6.16, or after final payment pursuant to Paragraph 6.11. Any insurance policy maintained by OWNER covering any loss, damage, or consequential loss referred to in this Paragraph 4.06.4.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss, the insurers will have no Project No, 052511256.0001 00800 — Page 12 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond rights of recovery against any of CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, employees and agents of any of them. 4.06.5. Receipt and Application of Insurance Proceeds 4.06.5.1. Any insured loss under the policies of insurance required by Paragraph 4.06.3 will be adjusted with OWNER and made payable to OWNER subject to the requirements of any applicable mortgage clause and of Paragraph 4.06.5.2. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 4.06.5.2. OWNER shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen (15) days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER shall give a bond for the proper performance of such duties. 4.06.6. Acceptance of Bonds and Insurance; Option to Replace If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Paragraph 4.06 on the basis of nonconformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten (10) days after receipt of the certificates (or other evidence requested). OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to the start of the Work or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly 4.06.7. Partial Utilization Property Insurance If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Paragraph 6.07 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice hereof and in writing effected any changes in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. Project No. 052511256.0001 00800 — Page 13 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 4.30. Substitutes and "Or -Equal" Items 4.30.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or or -equal" item, or no substitution is permitted other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 4.30.1.1. "Or -Equal": If, in ENGINEER's sole discretion, an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required it may be considered by ENGINEER as an or -equal ' item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 4.30 1.2. Substitute Items If, in ENGINEER's sole discretion, an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal' item under subparagraph 4.30.1.1, it will be considered a proposed substitute item CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design and be similar in substance to that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance and repair and replacement service will be indicated. The application also will contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 4.30.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 4.30.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in, and expressly required by, the Project No. 052511256.0001 00800 — Page 14 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond Contract Documents, CONTRACTOR may furnish or utilize a substitute means methods, technique, sequence or procedure or construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER in ENGINEER s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 4.30.1.2. 4.30.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal to be pursuant to Paragraphs 4.30 1 2 and 4.30.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER s prior written acceptance, which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or - equal" or substitute ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to Paragraphs 4 30.1.2 and 4.30.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 4.31. Emergencies In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act promptly, efficiently and reasonably to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt wntten notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 4.32. Before Starting Construction 4.32.1. Within ten (10) days after the Effective Date of the Agreement and before any work at the site is started (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 4.32.1.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents* 4.32.1.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal as further described in detail in Specification Section 01300 Submittals. 4.32.1.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during Project No. 052511256.0001 00800 — Page 15 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 4 32.2. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Paragraphs 4.05 and 4.06. 4.33. Initially Acceptable Schedules Unless otherwise provided in the Contract Documents, at least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with Paragraph 4.32.1. CONTRACTOR shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule shall provide for an orderly progression of the Work to completion within any specified Milestones and the Contract Times Any acceptance of the progress schedule by ENGINEER will neither impose on ENGINEER responsibility for the sequencing, scheduling, or progress of the Work, nor interfere with, nor relieve CONTRACTOR from, CONTRACTOR s full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions shall provide for a workable arrangement for reviewing and processing the required submittals. CONTRACTOR's schedule of values shall be acceptable to ENGINEER as to form and substance. 4.34. Safety and Protection 4.34.1. CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 4.34.1.1. all persons on the Work site or who may be affected by the Work; 4.34.1.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 4.34.1.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures utilities and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. 4.34.2. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property referred to in Paragraph 4.34.1.2 or 4.34.1.3 caused directly, or indirectly, in whole or in Project No. 052511256.0001 00800 — Page 16 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond part, by CONTRACTOR, any Subcontractor, Supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR, EVEN IF DUE IN PART TO THE CONCURRENT NEGLIGENCE OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT, OR BREACH OF CONTRACT OF OWNER, ENGINEER, ENGINEER's SUBCONSULTANTS OR ANYONE EMPLOYED BY ANY OF THEM, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, EXCEPT DAMAGE OR LOSS SOLELY ATTRIBUTABLE TO THE FAULT OF DRAWINGS OR SPECIFICATIONS OR TO THE ACTS OR OMISSIONS OF OWNER OR ENGINEER OR ENGINEER'S SUBCONSULTANT OR ANYONE EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, AND NOT ATTRIBUTABLE, DIRECTLY OR INDIRECTLY IN WHOLE OR IN PART, TO THE FAULT OR NEGLIGENCE OF CONTRACTOR OR ANY SUBCONTRACTOR, SUPPLIER OR OTHER PERSON OR ORGANIZATION DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM. CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Paragraph 14 9.1. that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). ARTICLE 5 PROSECUTION AND PROGRESS SC-5 Add the following paragraphs: 5.05. Commencement of Contract Times, Notice to Proceed The Contract Times will automatically commence to run on the thirtieth (30th) day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed which date shall not, without the agreement of the CONTRACTOR, be later than the earlier of ninety (90) days after the day of BID opening or thirty (30) days after the effective date of the Agreement. A Notice to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. Unless otherwise agreed to by the parties in writing the Contract Times shall not commence to run later than the ninetieth day after the day of BID opening or the thirtieth (30th) day after the Effective Date of the Agreement whichever date is earlier. 5.06 Change of Contract Times 5.06.1 Claim for Adjustment The Contract Times (or Milestones) may only be changed by a Change Order. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty [30] days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the claim with supporting data, shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER, in accordance with Paragraph 3.05, if OWNER and CONTRACTOR cannot otherwise agree. No claim for an Project No. 052511256.0001 00800 — Page 17 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this Paragraph 5.06.1. CONTRACTOR must submit, as a minimum, the following supporting data: 5.06.1.1. Information showing that time requested is not included in the existing Contract and is an addition to the Contract. 5.06.1.2. Information documenting that the number of days requested is accurate for the event 5.06.1.3. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.06.2. Time of the Essence All time limits stated in the Contract Documents are of the essence of the Agreement. 5.06.3. Delays Beyond CONTRACTOR's Control Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in Paragraph 5.06.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Paragraphs 7.1 and 7.2 of these Supplemental General Conditions, Fires, Floods, Epidemics, or Acts of God. Delays attributable to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR An extension to the Contract Times shall be CONTRACTOR's sole and exclusive remedy for any such delays. 5.06.4. Delays Beyond OWNER's and CONTRACTOR's Control Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delay. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, ANY OTHER PERSON OR ORGANIZATION, OR TO ANY SURETY FOR, OR EMPLOYEE OR AGENT OF, ANY OF THEM, FOR DAMAGES ARISING OUT OF, OR RESULTING FROM, (i) DELAYS CAUSED BY, OR WITHIN THE CONTROL OF, CONTRACTOR, OR (ii) DELAYS BEYOND THE CONTROL OF BOTH PARTIES INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, EPIDEMICS, ABNORMAL WEATHER CONDITIONS, ACTS OF GOD, OR ACTS OR NEGLECT BY UTILITY OWNERS OR OTHER CONTRACTORS PERFORMING OTHER WORK AS CONTEMPLATED BY PARAGRAPH 2.10. EVEN IF SUCH DELAYS ARE DUE IN PART TO THE NEGLIGENCE, OTHER FAULT BREACH OF CONTRACT OR WARRANTY, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, OR STRICT LIABILITY WITHOUT REGARD TO FAULT OF OWNER. Project No. 052511256.0001 00800 — Page 18 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 5.06.5. Rain Days The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. Contractor is required to keep record of rain days at the site. Record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract, Contractor will be credited only the number of accepted rain days that exceed 40 rain days per year, proportionate to the original Contract Time. ARTICLE 6 MEASUREMENT AND PAYMENT SC-6 Add the following paragraphs: 6.14. CONTRACTOR's Warranty of Title CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment and free and clear of all Liens. 6.15. Review of Applications for Progress Payment 6.15.1 ENGINEER will, within ten (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten (10) days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended by ENGINEER, less amounts withheld by OWNER pursuant to Paragraph 6.15.4, will become due and when due will be paid by OWNER to CONTRACTOR. 6.15.2 ENGINEER s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 6.15.2.1. the Work has progressed to the point indicated, 6.15 2.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.8, and to any other qualifications stated in the recommendation), and 6.15.2.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to Project No. 052511256.0001 00800 — Page 19 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 6.15 3 ENGINEER's recommendations of any payment, including final payment, shall not mean that ENGINEER is responsible for, and shall not relieve CONTRACTOR from, its responsibility for CONTRACTOR' s means, methods, techniques, sequences, or procedures of construction, or the safety precautions or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents or that ENGINEER is representing that CONTRACTOR has complied with Laws and Regulations or performed or furnished the work in accordance with the Contract Documents. 6.15.4. ENGINEER may refuse to recommend the whole or any part of payment if, in ENGINEER's opinion it would be incorrect to make the representations to OWNER referred to in Paragraph 6.05. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 6.15.4.1. the Work is Defective, or completed Work has been damaged requiring correction or replacement, 6.15.4.2. the Contract price has been reduced by Written Amendment or Change Order, 6.15.4.3. OWNER has been required to correct Defective Work or complete Work in accordance with Paragraph 2.70, or 6.15.4.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 8.04 through 8.05 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 6.15.4.5. claims have been made against OWNER on account of CONTRACTOR' s performance or furnishing of the Work. 6.15.4.6. Notices of intent to file liens have been sent to OWNER or Liens have been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 6.15.4.7. there are other items entitling OWNER to a set-off against the amount recommended, or 6.15.4.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 6.15.4.1 through 6.15 4.3 or Paragraphs 8 04.1.1 through 8.04.1 4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any Project No. 052511256.0001 00800 — Page 20 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Any amount not recommended for payment by ENGINEER or approved for payment by OWNER pursuant to this Paragraph 6 15 4 shall not be due to CONTRACTOR and shall not be subject to interest pursuant to Article 4 of the Agreement or other wise under the Contract Document. 6.16. Substantial Completion 6.16.1. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and shall request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will, within fourteen (14) days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons ENGINEER believes the work is not substantially complete. If after consideration of OWNER's objections ENGINEER considers the Work substantially complete, ENGINEER will, within said fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected), reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety maintenance heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 6.16.2. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list used until final acceptance. CONTRACTOR shall complete or correct such items in a diligent and expeditious manner. 6.17. Waiver of Claims The making and acceptance of final payment will constitute: 6.17.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from Defective Work appearing after final inspection pursuant to Paragraph 6.08, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and Project No. 052511256.0001 00800 — Page 21 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 6.17.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 7 EXTRA WORK AND CLAIMS SC-7 Add the following paragraphs: 7.05. Amending and Supplementing Contract Documents 7.05.1. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 7.05.1.1. a formal written Amendment, 7.05.1.2. a Change Order (pursuant to Paragraph 7.01), or 7.05.1.3. a Work Change Directive. 7.05.2. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 7.05.2.1. a Field Order (pursuant to Paragraph 3.09), 7.05.2.2. ENGINEER'S written interpretation or clarification (pursuant to Paragraph 3.10). 7.06. Unit Price Work 7.06.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include, for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER m accordance with Paragraph 3.1. CONTRACTOR represents that its profits are not based upon the estimated quantities of Unit Price Work and agrees that neither ENGINEER nor OWNER shall be liable to CONTRACTOR if the actual amount of Unit Price Work differs from the estimated quantities of Unit Price Work, even if OWNER or CONTRACTOR was negligent in making such estimates. 7.06.2. Each unit price will be deemed to mclude an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 7.06.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 7 if: 7.06.3.1. The quantity of any item of Unit Price Work performed by CONTRACTOR differs by more than twenty-five (25) percent (over or under) from the estimated quantity of such item indicated in the Agreement; and 7.06.3.2. There is no corresponding adjustment with respect to any other item of Work; and Project No. 052511256.0001 00800 — Page 22 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 7.06 3.3 If CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease ARTICLE 8 ABANDONMENT OF CONTRACT SC-8 Add the following paragraphs: 8.04. OWNER May Suspend Work At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Article 5. 8.05. OWNER May Terminate 8.05.1. Upon the occurrence of any one or more of the following events: 8.05.1.1. if, in the opinion of OWNER, CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply a sufficient number of or sufficiently skilled workers or suitable matenals or equipment or failure to adhere to the progress schedule established under Paragraph 4.33 as adjusted from time to time pursuant to Article 4); 8.05.1.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction over the project, the work of CONTRACTOR' s performance of the work; 8.05.1.3. if CONTRACTOR disregards the authority of ENGINEER; or 8.05 1.4. if CONTRACTOR otherwise violates, in any substantial way, any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven (7) days' written notice, and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages sustained by OWNER arising out of, or resulting from, completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness, and, when so approved by ENGINEER, incorporated into a Change Order, provided Project No. 052511256.0001 00800 — Page 23 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond that when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed 8.05.2. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 8.05.3. Upon seven (7) days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 8.05.3.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 8.05.3.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 8.05.3.3. For all claims, costs, losses, and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 8.05.3.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, or resulting from, such termination. OWNER SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS ARISING OUT OF, OR RESULTING FROM, SUCH TERMINATION, EVEN IF SUCH LOSS IS DUE TO THE NEGLIGENCE, OTHER FAULT, BREACH OF CONTRACT OR WARRANTY, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, OR STRICT LIABILITY WITHOUT REGARD TO FAULT OF OWNER. END OF SECTION Project No. 052511256.0001 00800 - Page 24 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond SECTION 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 5159-a of the Revised Civil Statutes of Texas), the public body awarding the contract does hereby specify the following to be the general prevailing rates in the locality in which the work is being performed 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than 5 feet from an exterior wall of a new building under construction or from an exterior wall of an existing building. END OF SECTION Project No. 052511256.0004 00811 — Page 1 of 3 WAGE SCALE CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond Prevailing Wage Rates for Engineering Construction for Districts Located within Corporate Boundaries or ETJ of City of Pearland and Brazoria County Classification Wage Rate Asphalt Raker 8.28 Asphalt Shoveler 7.45 Batching Plant Weigher/Batching Plant Scaleman 11.11 Carpenter 10.35 Concrete Paving 9.87 Finisher Concrete Structures 9.86 Finisher Concrete Rubber 9.00 Electrician 16.15 Flagger 6.66 Form Builder Structures 9.96 Form Liner Paving & Curb 9.03 Form Setter Paving & Curb 8.86 Form Setter Structures 9.05 Laborer Common 7.45 Laborer Utility 8.53 Line person 7.50 Manhole Builder Brick 8.49 Mechanic 11.38 Oiler 9.56 Servicer 9.51 Painter Structures 14.00 Piledriver 10.96 Pipe Layer 8.49 Asphalt Distributor 9.47 Asphalt Paving Machine 10.05 Broom or Sweeper Operator 8.01 Bulldozer 9.91 Concrete Curling Machine) Curling Machine (see also Concrete Paving 8.80 Concrete Finishing Machine (see also Concrete Paving 11.79 Finishing Machine) Concrete Joint Sealer (see also Concrete Paving Joint 10.50 Sealer) Concrete Paving Float 9.30 Concrete Paving Saw 10.01 Concrete Paving Spreader 9.32 Slipform Machine Operator 9.20 Crane, Clamshell Backhoe Derrick, D'Line, Shovel 11.35 Crusher/Screening Plant 11.00 Foundation Drill Operator Crawler Mounted 12.59 Foundation Drill Operator Mounted 12.73 Truck Front Loader 9.29 End Project No. 052511256.0004 00811 Page 2 of 3 WAGE SCALE CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond Classification. Wage„Rate- Milling Machine Operator 10.43 Mixer 7.94 Motor Grader (Fine Grade) 11.11 Motor Grader 10.67 Pavement Marking Machine 7.45 Roller Steel Wheel Plant Mix Pavements 9.25 Roller Steel Wheel Other Flat Wheel or Tamping 7.61 Roller Pneumatic Self Propelled 7.96 Scraper 8.69 Tractor Crawler Type 10.12 Tractor Pneumatic 8.99 Traveling Mixer 9.35 Trenching Machine Light 10.50 Trenching Machine Heavy 13.56 Wagon Drill, Boring Machine 10.15 Reinforcing Steel Setter Paving 12.50 Reinforcing Steel Setter Structures 12.47 Steel Worker Structural 10.35 Sign Erector 10.06 Box Operator 9.08 Spreader Work Zone Barricade 7.45 7.45 Sign Installer Truck Driver Single Axle Light 8.15 Truck Driver Single Axle Heavy 8.76 Truck Driver Tandem Axle Semi -trailer 8.00 Truck Driver Lowboy Float 11.29 Welder 10.43 This prevailing Wage Rate Scale for Engineering Construction does not prohibit the payment to workers of amounts greater than those specified herein. Project No. 052511256.0004 00811 Page 3 of 3 WAGE SCALE Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 1.0 GENERAL 1.01 SECTION INCLUDES SECTION 01100 SUMMARY OF WORK Summary of the Work including Work by OWNER, OWNER furnished products, Work sequence, future Work, CONTRACTOR use of Premises and OWNER occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS The construction of detention pond including excavation, grading and compaction of pond, berm, back -slope swales, and dam outfall structures, culverts storm water pump station, roadway improvements, and related drainage improvements for the Corrigan Subdivision Drainage Improvements Contract No 2. The project is located just south of Broadway/F.M. 518, west of S.H. 35/Main Street, and east of F.M. 1128. 1.03 ALTERNATES A. Alternate bids quoted on Bid Forms will be reviewed and accepted or rejected at OWNER's option. B. Volunteer Alternates, any Alternate not specified in this Section, will not be considered. C. Accepted Alternates will be identified in the Agreement between the OWNER and CONTRACTOR. Bids will be evaluated on base bid price plus selected Alternate. E. Description of Alternates: No alternates are included in this bid. 1.04 DESCRIPTION OF BID ITEMS A. Bid Item No. 1: Mobilization 1. Include cost of: a. Mobilization and demobilization b. Performance, Payment, and Maintenance Bonds c. Insurance premiums d. Other appurtenant and incidental work Project No. 052511256.0004 May 11, 2004 01100 --Page 1 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 2. Measurement for Payment: Maximum Bid $ 80,000. Measure in Lump Sum B. Bid Item No. 2: Project Identification Signs, Complete in Place 1. Include cost of: a. Furnish identification signs b. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each C. Bid Item No. 3: Traffic Control Plan 1. Include cost of a. Provide implementation of traffic control phasing b. Install traffic control signs, barricades, pavement markings, etc. c. Remove temporary traffic control signs, barricades, pavement markings, etc. d. Provide flagmen and traffic control officers as required e. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum D. Bid Item No. 4: Site Preparation, Complete in Place 1. Include cost of: a. Removal of debris and trash b. Removal of all obstructions c. Disposal of materials removed d. Savaging of designated items g. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum E Bid Item No. 5: Remove and Dispose of Existing Asphaltic Concrete Pavement, Complete in Place 1. Include cost of: Project No. 052511256.0004 May 11, 2004 01100 — Page 2 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond a. Removal of existing asphaltic concrete paving materials b. Disposal of materials removed c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Square Yard F. Bid Item No. 6: Remove and Dispose of Existing Concrete Spillway, Complete in Place 1. Include cost of: a. Removal of existing concrete spillway materials b. Disposal of materials removed c. Other appurtenant and incidental work 2. Measurement for Payment. Measure in Lump Sum G. Bid Item No. 7: Remove and Dispose of Existing Concrete Sidewalk, Complete in Place 1. Include cost of: a. Removal of existing concrete sidewalk materials b. Disposal of materials removed c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot H. Bid Item No. 8: Remove (Nondestructive) of Existing Pump and Pump Station Complete in Place 1. Include cost of: a. Nondestructive removal of existing pumps and pump station b. Coordinate with the City of Pearland for final deposition c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum Project No. 052511256.0004 May 11, 2004 01100 — Page 3 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond Bid Item No. 9: Remove and dispose of Existing Storm Sewer Culverts, All Sizes and Depths, Complete in Place 1. Include cost of: a. Removal of existing culverts of all sizes and depths b. Disposal of materials removed c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot J. Bid Item No. 10: Remove and Dispose of Existing Storm Inlet, Complete in Place 1. Include cost of: a. Removal of existing inlet materials b. Disposal of materials removed c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each K. Bid Item No. 11: Detention Pond Excavation, Complete in Place 1. Include cost of: a. Excavation b. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Cubic Yard L Bid Item No. 12: Detention Pond Embankment, Compaction and Grading 1. Include cost of: a. Placing suitable excavation materials b. Placing, compacting, and grading embankment c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Cubic Yard Project No. 052511256,0004 May 11, 2004 01100 — Page 4 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond M. Bid Item No. 13: Haul and Dispose of Surplus Excavated Material, Complete in Place 1. Include cost of: a. Haul and dispose excavated materials into trucks by others b. Obtain a disposal location c. Other appurtenant and incidental work 2. Measurement for Payment: Payment in Cubic Yard. N. Bid Item No. 14: Construct Berm, Complete in Place 1. Include cost of: a. Placement of excavated materials b. Grading and compaction of materials c. Other appurtenant and incidental work 2. Measurement for Payment. Measure in Cubic Yard Bid Item No. 15: Dam Placement, Compaction and Grading, Complete in Place 1. Include cost of: a. Placement of excavated materials on dam b. Compaction and grading materials placed on dam c. Other appurtenant and incidental work 2. Measurement for Payment: Payment in Cubic Yard. Bid Item No. 16: Dam Structure with Headwalls, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Payment in Cubic Yard. Project No. 052511256.0004 May 11, 2004 01100 — Page 5 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond Q. Bid Item No. 17: Backslope Swales, Complete in Place 1. Include cost of: a. Grade swale according to PLANS b. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot R. Bid Item No. 18: 18-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Cuts Complete in Place 1. Include cost of: a. Furnish pipe, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials c. Compact bedding and backfill d Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot S. Bid Item No. 19: 24-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Cuts, Complete in Place 1. Include cost of: a. Furnish pipe, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment. Measure in Linear Foot T Bid Item No. 20: 24-Inch Aluminized Steel Corrugated Pipe, All Cuts, Complete in Place 1. Include cost of: a. Furnish pipe, roadside ditch interceptor structure, excavation, backfill, bedding and trench safety Project No. 052511256.0004 May 11, 2004 01100 — Page 6 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond b. Install materials c. Compact bedding and backfill d Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot U. Bid Item No. 21: 30-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Cuts, Complete in Place 1. Include cost of a. Furnish pipe, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot V Bid Item No. 22: 36-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Cuts, Complete in Place 1. Include cost of: a. Furnish pipe, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot W. Bid Item No. 23: 48 Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Cuts, Complete in Place 1. Include cost of: a. Furnish pipe, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials Project No. 052511256.0004 May 11, 2004 01100 — Page 7 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot X. Bid Item No. 24: 5-foot by 4-foot Reinforced Concrete Box Storm Sewer Culvert, C-1433, All Cuts, Complete in Place 1. Include cost of: a. Furnish box, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot Y Bid Item No. 25 8-foot by 8-foot Reinforced Concrete Box Storm Sewer Culvert, C-1433, All Cuts, Complete in Place 1. Include cost of: a. Furnish box, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot Z Bid Item No. 26: 8-foot by 8-foot Reinforced Concrete Box Storm Sewer Culvert Sloped End Sections, Complete in Place 1. Include cost of: a. Furnish sloped end sections, excavation, materials for pipe bedding, trench safety, and select backfill b. Install materials c. Compact bedding and backfill Project No. 052511256.0004 May 11, 2004 01100 — Page 8 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot AA. Bid Item No. 27: Type "A" Inlet, Complete in Place 1. Include cost of: a. Furnish inlet structure, materials for bedding, and select backfill b. Install materials c. Compact bedding and backfill d Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each BB. Bid Item No. 28: Type "E" Inlet, Complete in Place 1. Include cost of: a. Furnish inlet structure, materials for bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenance and incidental work 2. Measurement for Payment. Measure in Each CC. Bid Item No. 29: Modified Type "B" Berm Inlet, All Depth, Complete in Place 1. Include cost of: a. Furnish inlet structure, materials for bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each DD. Bid Item No. 30: Type "C" Manhole, 42-Inch Storm Sewer and Smaller, All Depth, Complete in Place 1. Include cost of: Project No. 052511256.0004 May 11, 2004 01100 — Page 9 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond a. Excavation b. Furnish materials c. Install materials Backfill e . Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each EE Bid Item No. 31: Type "C" Manhole, 48 Inch Storm Sewer and Larger, All Depth, Complete in Place 1. Include cost of: a. Excavation Furnish materials c. Install materials d. Backfill e . Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each FF. Bid Item No. 32: 8-foot by 8-foot Junction Box, Complete in Place 1. Include cost of: a. Excavation b. Furnish materials c. Install materials d. Backfill e . Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each GG. Bid Item No. 33: Plug and Fill Existing 15" Reinforced Concrete Pipe Storm Sewer, Complete in Place 1. Include cost of: Project No. 052511256.0004 May 11, 2004 01100 — Page 10 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond a. Plug and fill existing pipe b. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Lump Sum HH. Bid Item No. 34: 18-Inch Reinforced Concrete Pipe - 6:1 Safety End Treatment, Complete in Place 1. Include cost of: a. Furnish safety end treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment. Measure in Each II. Bid Item No. 35: 24-Inch Reinforced Concrete Pipe - 6:1 Safety End Treatment, Complete in Place 1. Include cost of: a. Furnish safety end treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each JJ. Bid Item No. 36: 30-Inch Reinforced Concrete Pipe - 6:1 Safety End Treatment, Complete in Place 1. Include cost of: a. Furnish safety end treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill Project No. 052511256.0004 May 11, 2004 01100 —Page 11 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each KK Bid Item No. 37: 36-Inch Reinforced Concrete Pipe - 6:1 Safety End Treatment, Complete in Place 1. Include cost of: Furnish safety end treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each LL. Bid Item No. 38: 48 Inch Ductile Iron Pipe Flanged Connection 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Feet MM. Bid Item No. 39: 48-Inch Duck Bill Check Valve Flanged Mounted 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each NN. Bid Item No. 40: 5 '/2" Channel Lock Concrete Cellular Mattress, Complete in Place 1. Include cost of: a. Furnish materials, includes subgrade preparation and filter fabric Project No. 052511256.0004 May 11, 2004 01100 — Page 12 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond b. Placement of materials furnished c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Square Yard 00. Bid Item No. 41: 8" Channel Lock Concrete Cellular Mattress 1. Include cost of: a. Furnish materials, includes subgrade preparation and filter fabric b. Placement of materials furnished c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Square Yard PP. Bid Item No. 42: Regrade Existing Roadside Ditches, Complete in Place 1. Include cost of: a. Regrade existing ditches to lines and grades as shown on PLANS b. Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot Bid Item No. 43: Pump Station Vault Intake Structure, Complete in Place 1. Include cost of: a. Furnish materials, includes excavation, subgrade preparation, seal slab, reinforced concrete, and access manholes b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum RR. Bid Item No. 44: Pump Station Piping, Complete in Place 1. Include cost of: QQ. a. Furnish materials, includes flanged D.I piping, couplings check valves plug valves, all fittings, pipe supports, and vent pipe b. Install materials Project No. 052511256.0004 May 11, 2004 01100 — Page 13 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum SS. Bid Item No. 45: Pump Station Electrical, Complete in Place 1. Include cost of: a. Furnish materials, include electrical service, main disconnect, manual transfer switch, pump controls, wire, conduit, duct banks, junction boxes, motor control center, level transducer with distilling well, and remote mounted conductance probe b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum TT. Bid Item No. 46: Pumps, Complete in Place 1. Include cost of: a. Furnish materials, include pipe supports b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each W. Bid Item No. 47: 42-Inch Restrained Joint Ductile Iron Pipe Force Main, Class 52, Complete in Place 1. Include cost of: a. Furnish pipe, materials including fittings, excavation, backfill, bedding and trench safety b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot VV. Bid Item No. 48: 6-Inch Concrete Pavement, Complete in Place 1. Include cost of: a. Furnish concrete pavement and lime stabilized subgrade materials Project No. 052511256.0004 May 11, 2004 01100 — Page 14 of 22 SUMMARY OF WORK Project No, 052511256.0004 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond b. Placement of materials provided c. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Yard WW. Bid Item No. 49: 4-Inch Concrete Sidewalk , Complete in Place 1. Include cost of: a. Furnish materials Place materials c. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Foot XX Bid Item No. 50: Roadway Embankment, Complete in Place 1. Include cost of: a. Excavation, hauling, grading, and compaction b. Other appurtenant and incidental work 2. Measurement for Payment. Measure in Cubic Yard YY. Bid Item No. 51: 8-Lime Stabilized Subgrade, Complete in Place 1. Include cost of: a. Furnish materials and equipment b. Preparation of subbase c. Compaction of material d. Other appurtenance and incidental work 2. Measurement for Payment. Measure in Square Yard ZZ. Bid Item No. 52: Lime, Complete in Place Include cost of: a. Manipulation of subgrade b. Spreading of lime slurry 01100 — Page 15 of 22 SUMMARY OF WORK May 11, 2004 Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond c. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Ton AAA. Bid Item No. 53: 6-Inch Flex Base Course, Complete in Place 1. Include cost of: a. Furnish materials Placement of materials Compaction of materials Other appurtenant and incidental work 2. Measurement for Payment: Measure in Square Yard BBB. Bid Item No. 54: 2-Inch Hot Mix Asphaltic Concrete Pavement, Complete in Place 1. Include cost of: a. Furnish materials b. Placement of materials c. Compaction of materials d. Adjust utility castings to final grade of pavement e. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Square Yard CCC. Bid Item No. 55: Saw -Cut Existing Concrete Pavement, Complete in Place 1. Include cost of: a. Furnish equipment b. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot DDD. Bid Item No. 56: Crushed Gravel Access Road, Complete in Place 1. Include cost of: a. Furnish materials Project No. 052511256.0004 May 11, 2004 01100 — Page 16 of 22 SUMMARY OF WORK Project No. 052511256.0004 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond b. Placement of materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot EEE Bid Item No. 57: Replace Existing Driveway, Complete in Place 1. Include cost of: a. Furnish materials as needed for culvert replacement b. Placement of materials to match existing grade c. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each FFF. Bid Item No. 58: Relocate 8-Inch Water Line, Complete in Place 1. Include cost of: a. Furnish materials including pipe, fittings, thrust restraint, bedding, select backfill, and trench safety Install materials c. Compact bedding and select backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot GGG. Bid Item No. 59: Relocate Existing 6-Foot Chain Link Fence, Complete in Place 1. Include cost of: a. Relocate existing fence b. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot HHH. Bid Item No. 60: 6-Foot Chain Link Fence, Complete in Place 1. Include cost of: a. Furnish fence materials b. Install fence materials 01100 — Page 17 of 22 SUMMARY OF WORK May 11, 2004 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot III. Bid Item No. 61: Pipe Bollards, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each JJJ. Bid Item No. 62: 18-Foot Double Swing Gate, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each KKK Bid Item No. 63: Reinforced Filter Fabric Fence, Complete in Place 1. Include cost of: a. Furnish materials as directed by the Engineer b. Install materials c. Maintain d Other appurtenant and incidental work 2. Measurement for Payment. Measure in Linear Foot LLL. Bid Item No. 64: Filter Fabric Fence, Complete in Place 1. Include cost of: a. Furnish materials as directed by the Engineer b. Install materials Project No. 052511256.0004 May 11, 2004 01100 — Page 18 of 22 SUMMARY OF WORK Project No. 052511256.0004 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond c. Maintain d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot MMM. Bid Item No. 65: Stabilized Construction Exit, Complete in Place 1. Include cost of: a. Furnish materials as directed by the Engineer b. Install and remove of materials c. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each NNN. Bid Item No. 66: Hydromulch Seeding and Fine Grading, Complete in Place 1. Include cost of: a. Furnish materials as directed by the Engineer b. Install materials c. Irrigate d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Square Yard 000. Bid Item No. 67: Site Dewatering for Pump Station and Intake Structure, Complete in Place 1. Include cost of: a. Furnish equipment and provide services as directed by the Engineer b. Other appurtenant and incidental work 2. Measurement for Payment. Measure in Lump Sum PPP. Bid Item No. 68: Site Dewatering for Dam and Headwalls, Complete in Place 1. Include cost of: a. Furnish equipment and provide services as directed by the Engineer Other appurtenant and incidental work 01100 — Page 19 of 22 SUMMARY OF WORK May 11, 2004 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 2. Measurement for Payment: Measure in Lump Sum QQQ. Bid Item No. 69: Site Dewatering for the 8-foot by 8-foot Concrete Box Culverts, Complete in Place 1. Include cost of: a. Furnish equipment and provide services as directed by the Engineer b. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum 1.05 WORK BY OWNER A. Items noted as Not in Contract (NIC), or By Others will be furnished and installed by OWNER B. OWNER will remove and retain possession of the following items prior to start of work None. 1.06 OWNER -FURNISHED PRODUCTS A. Products purchased and paid for by OWNER: None B. Items Furnished by OWNER for Installation and Final Connection by CONTRACTOR: None C. CONTRACTOR's Responsibilities: 1. Arrange and pay for product delivery to site. 2. Receive and unload products at site; jointly with ENGINEER, inspect for completeness or damage. 3. Handle, store, install, and finish products. 4. Repair or replace damaged items. 1.07 CONSTRUCTION PHOTOGRAPHS Submit preconstruction (and post construction) photographs in accordance with Section 01380. 1.08 WORK SEQUENCE A. The sequencing of the work under this contract and other contracts in the Corrigan area drainage improvements project is critical to insure that the residents of Corrigan are not exposed to increased flooding during construction. Project No. 052511256,0004 May 11, 2004 01100 — Page 20 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond B. The areas of concern in managing the flood risk in Corrigan are as follows: 1. Insure the storm sewer system in Corrigan always has an unrestrained outfall. 2. Control flow from the north via Corrigan Ditch. 3. Control back flow from the south (Mary's Creek) through the Corrigan Ditch. C. The contractor's schedule shall address the following system sequencing: 1. Construct proposed storm water pump station. 2. Fill and grade west and south sides of the detention pond. 3. Construct 12-inch pump station discharge force main. 4. Construct 5-foot by 4-foot box gravity storm sewer. 5. Confirm upstream dam included in Contract No. 1 is complete. 6. Complete temporary discharge piping. 7. Storm water pump station made operational. 8. Construct twin 8-foot by 8-foot box culvert structure diverting Corrigan flow directly into detention pond. 9. Remove existing concrete spillway structure. 10. Install down stream dam and install outfall structure. 11. Construct 48 inch Fite Road outfall storm sewer. 12. Grade north side of detention pond. 13. Grade south side of detention pond. 14. Complete construction of offsite drainage and paving improvements. 15. Complete Construction of onsite improvements. D. The contractor may submit a construction schedule reflecting changes to the above sequence as long as that construction sequence is shown not to increase the exposure to flooding in Corrigan. 1.09 CONTRACTOR USE OF PREMISES A. Comply with procedures for access to the site and CONTRACTOR's use of rights -of - way as specified in Section 01140 — CONTRACTOR's Use of Premises. Project No. 052511256.0004 May 11, 2004 01100 — Page 21 of 22 SUMMARY OF WORK Corrigan Subdivision Drainage Improvements Contract No 2 CITY OF PEARLAND Detention Pond B. Utility Outages and Shutdown: When applicable, provide notification to the City and private utility companies a minimum of 48 hours, excluding weekend and holidays, in advance of required utility shutdown. Coordinate all work as required. 1.10 OWNER OCCUPANCY A. Cooperate with the OWNER to minimize conflict, and to facilitate the OWNER's operations. Coordinate CONTRACTOR's activities with ENGINEER. B. Schedule Work to accommodate this requirement. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION Project No. 052511256.0004 May 11, 2004 01100 —Page 22 of 22 SUMMARY OF WORK CITY OF PEARLAND CONTRACTOR USE OF PREMISES 1.0 GENERAL SECTION 01140 CONTRACTOR USE OF PREMISES 1.01 SECTION INCLUDES Section includes general use of the site including properties inside and outside of rights -of - way, work affecting road, ramps streets and driveways and notification to adjacent occupants. 1.02 RIGHTS -OF -WAY A. Confine access and operations and storage areas to rights -of -way provided by OWNER as stipulated in Document 00700 — General Conditions; trespassing on abutting lands or other lands in the area is not allowed. B. CONTRACTOR may make arrangements, at CONTRACTOR's cost, for temporary use of private properties, in which case CONTRACTOR and CONTRACTOR's surety shall indemnify and hold harmless the OWNER against claims or demands arising from such use of properties outside of rights -of -way. C. Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by ENGINEER. 1.03 PROPERTIES OUTSIDE OF RIGHTS -OF -WAY A. Altering the condition of properties adjacent to and along rights -of -way will not be permitted unless authorized by the ENGINEER and property OWNER(S). B. Means, methods, techniques, sequences, or procedures that will result in damage to properties or improvements in the vicinity outside of rights -of -way will not be permitted C. Any damage to properties outside of rights -of -ways shall be repaired or replaced to the satisfaction of the ENGINEER and at no cost to the OWNER. 1.04 USE OF SITE A. Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close more than one consecutive intersection at one time. B. Notify ENGINEER 48 hours prior to closing a street or a street crossing. Permits for street closures aie required in advance and are the responsibility of the CONTRACTOR. C. Maintain access for emergency vehicles including access to fire hydrants. 04/00 01140 1 CITY OF PEARLAND CONTRACTOR USE OF PREMISES D. Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E. Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the site. Repair or replace damaged systems to condition equal to or better than that existing at start of Work. F. Perform daily cleanup of dirt outside the construction zone, and debris, scrap materials, and other disposable items. Keep streets, driveways, and sidewalks clean of dirt, debris and scrap materials. Do not leave buildings, roads, streets or other construction areas unclean overnight. 1.05 NOTIFICATION TO ADJACENT OCCUPANTS A. Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. B. Include in notification names and telephone numbers of two company representatives for resident contact who will be available on 24-hour call. Include precautions that will be taken to protect private property and identify potential access or utility inconvenience or disruption. C. Submit proposed notification to ENGINEER for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.06 PUBLIC, TEMPORARY, AND CONSTRUCTION ROADS AND RAMPS A. Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. B. Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment. C. Construct and maintain access roads and parking areas as specified in Section 01500 — Temporary Facilities and Controls. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A. Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the ENGINEER. B. Obtain the ENGINEER's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the CONTRACTOR's responsibility. Avoid unnecessary inconvenience to abutting property OWNERS C. Remove surplus materials and debris and open 1,000 feet or less for public use as work in that block is complete. 04/00 01140 2 CITY OF PEARLAND CONTRACTOR USE OF PREMISES D. Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to private property. F. Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G. Provide barricades and signs in accordance with Section VI of the State of Texas Manual on Uniform Traffic Control Devices. 1.08 TRAFFIC CONTROL Comply with traffic regulation as specified in Section 01555 — Traffic Control and Regulation. 1.09 SURFACE RESTORATION A. Restore site to condition existing before construction to satisfaction of ENGINEER B. Repair paved area per the requirements of Section 02980 — Pavement Repair and Resurfacing. C. Repair turf areas which become damaged, level with bank run sand conforming to Section 02318 — Excavation and Backfill for Utilities or topsoil conforming to Section 02910 — Topsoil, as approved by the ENGINEER and resod in accordance with Section 02922 — Sodding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. Do not use spot sodding or sprigging. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01140 - 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT 1.0 GENERAL SECTION 01200 MEASUREMENT AND PAYMENT 1.01 SECTION INCLUDES Procedures for measurement and payment plus conditions for nonconformance assessment and nonpayment for rejected products. 1.02 AUTHORITY A. Measurement methods delineated in Specification sections are intended to complement the criteria of this section. In the event of conflict, the requirements of the Specification section shall govern. B. Measurements and quantities submitted by the CONTRACTOR will be verified by the ENGINEER. C. CONTRACTOR shall provide necessary equipment, workers, and survey personnel as required by ENGINEER to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A. Quantity and measurement estimates stated in the Agreement are for contract purposes only. Quantities and measurements supplied or placed in the Work authorized and verified by ENGINEER shall determine payment as stated in the General Conditions. B. If the actual Work requires greater or lesser quantities than those quantities indicated in the Bid Form provide the required quantities at the unit prices contracted, except as otherwise stated in the General Conditions or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. B. Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method C. Measurement by Area: Measured by square dimension using mean length and width or radius. 04/00 01200 - 1 CITY OF PEARLAND MEASUREMENT AND PAYMENT D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F. Other. Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A. Payment Includes Full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and CONTRACTOR's overhead and profit. B. Total compensation for required Unit Price Work shall be included in Unit Price bid in Bid schedule. Claims for payment as Unit Price Work, but not specifically covered in the list of unit prices contained in Bid Schedule, will not be accepted. C. Progress payments will be based on the ENGINEER's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. D. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by ENGINEER multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A. Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B. If, in the opinion of ENGINEER, it is not practical to remove and replace the Work, the ENGINEER will direct one of the following remedies: 1. The nonconforming Work will remain as is but the unit price will be adjusted to a lower price at the discretion of ENGINEER. 2. The nonconforming Work will be modified as authorized by the ENGINEER, and the unit price will be adjusted to a lower price at the discretion of ENGINEER if the modified work is deemed to be less suitable than originally specified. C. Specification sections may modify these options or may identify a specific formula or percentage price reduction. D. The authority of ENGINEER to assess the nonconforming work and identify payment adjustment is final 04/00 01200 - 2 CITY OF PEARLAND MEASUREMENT AND PAYMENT 1.07 NONPAYMENT FOR REJECTED PRODUCTS Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to ENGINEER 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01200 - 3 CITY OF PEARLAND CHANGE ORDER PROCEDURES SECTION 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, work change directive, stipulated price change order, unit price change order, time and materials change order; 4. Execution of Change Orders; 5. Correlation of CONTRACTOR submittals. 1.02 REFERENCES Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.03 RESPONSIBLE INDIVIDUAL CONTRACTOR shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in CONTRACTOR's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A. CONTRACTOR shall maintain detailed records of changes in the Work. Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of changes in the Work. B. CONTRACTOR shall document each proposal for a change in cost or time with sufficient data to allow evaluation of the proposal. C. Proposals shall include, as a minimum, the following information as applicable: 1. Quantities of items in the original Bid Schedule with additions, reductions, deletions, and substitutions. 04/00 01290 - 1 CITY OF PEARLAND CHANGE ORDER PROCEDURES 2. When Work items were not included in the Bid Schedule, CONTRACTOR shall provide unit prices for the new items, with supporting information as required by the ENGINEER 3. Justification for any change in Contract Time. 4. Additional data upon request. D. For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Document 00800 - Supplementary Conditions. 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E. Rented equipment will be paid to the CONTRACTOR by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the CONTRACTOR shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F. For changes in the work performed on a time -and -materials basis using CONTRACTOR -owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A. Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the ENGINEER of changes will be formalized into Change Orders. All changes will be in accordance with the requirements of the General Conditions. 04/00 01290 - 2 CITY OF PEARLAND CHANGE ORDER PROCEDURES B. The ENGINEER will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by the General Conditions by issuing supplemental instructions. C. CONTRACTOR may request clarification of Drawings, Specifications or Contract Documents or other information. Response by the ENGINEER to a Request for Information does not authorize the CONTRACTOR to perform tasks outside the scope of the Work. All changes must be authonzed as described in this section. 1.06 PROPOSALS AND CONTRACT MODIFICATIONS A. The ENGINEER may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The ENGINEER may also request a proposal in the response to a Request for Information. CONTRACTOR will prepare and submit its Proposal within seven (7) days or as specified in the request. B. The CONTRACTOR may propose an unsolicited change by submitting a Proposal to the ENGINEER describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A. ENGINEER may issue a signed Work Change Directive instructing the CONTRACTOR to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C. CONTRACTOR shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A stipulated price Change Order will be based on an accepted Proposal including the CONTRACTOR's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A. Where Unit Prices for the affected items of Work are included in the Bid Schedule, the unit price Change Order will be based on unit prices as originally bid, subject to provisions of the General Conditions. B. Where unit prices of Work are not pre -determined in the Bid Schedule, Work Change Directive or accepted Proposal will specify the unit pnces to be used. 04/00 01290 - 3 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME -AND -MATERIAL CHANGE ORDER A. CONTRACTOR shall provide an itemized account and supporting data after completion of change within time limits indicated for claims in the General Conditions. B. ENGINEER will determine the change allowable in Contract Price and Contract Time as provided in the General Conditions. C. CONTRACTOR shall maintain detailed records of work done on time -and -material basis as specified in Paragraph 1.04, Documentation of Change in Contract Price and Contract Time. D. CONTRACTOR shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION ENGINEER will issue Change Orders, Work Change Directives, or accepted Proposals for signatures of parties as described in the General Conditions. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A. For Stipulated Price Contracts, CONTRACTOR shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B. For Unit Price Contracts, the next monthly estimate of work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C. CONTRACTOR shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D. CONTRACTOR shall promptly enter changes to the on -site and record copies of the Drawings, Specifications or Contract Documents as required in Section 01720 — Project Record Documents. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01290 - 4 CITY OF PEARLAND COORDINATION AND MEETINGS SECTION 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES Section includes general coordination including preconstruction conference, site mobilization conference, and progress meetings. 1.02 RELATED DOCUMENTS Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES The ENGINEER may act directly or through designated representatives as defined in the General Conditions and as identified by name at the preconstruction conference. 1.04 CONTRACTOR COORDINATION A. Coordinate scheduling, submittals, and Work of the various Specifications sections to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work for Substantial Completion and for portions of Work designated for OWNER's partial occupancy. C. Coordinate access to site for correction of nonconforming Work to minimize disruption of OWNER' s activities where OWNER is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A. ENGINEER will schedule a preconstruction conference. B. Attendance Required* ENGINEER's representatives, Consultants, Contractor, and major Subcontractors. Agenda: 1. Distribution of Contract Documents 2. Designation of personnel representing the parties in Contract, and the Consultant. 3. Review of insurance 4. Discussion of formats proposed by the Contractor for schedule of values, and construction schedule 04/00 01310 - 1 CITY OF PEARLAND COORDINATION AND MEETINGS 5. Procedures and processing of shop drawings and other submittals, substitutions, pay estimates or applications for payment, Requests for Information, Request for Proposal Change Orders, and Contract closeout 6. Scheduling of the Work and coordination with other contractors 7. Review of Subcontractors 8. Appropriate agenda items listed for Site Mobilization Conference paragraph 1.06 C, when preconstruction conference and site mobilization conference are combined 9. Procedures for testing 10. Procedures for maintaining record documents 1.06 SITE MOBILIZATION CONFERENCE A. When required by the Contract Documents, ENGINEER will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: ENGINEER representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C. Agenda: 1. Use of premises by OWNER and CONTRACTOR 2. Safety and first aid procedures 3. Construction controls provided by OWNER 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A. Project meetings shall be held at Project field office or other location as designated by the ENGINEER. Meeting shall be held at monthly intervals, or more frequent intervals if directed by ENGINEER. Attendance Required: Job superintendent, major Subcontractors and suppliers, ENGINEER representatives, and Consultants as appropriate to agenda topics for each meeting. C. ENGINEER or his representative will make arrangements for meetings, and recording minutes. D. ENGINEER or his representative will prepare the agenda and preside at meetings. 04/00 01310-2 CITY OF PEARLAND COORDINATION AND MEETINGS E CONTRACTOR shall provide required information and be prepared to discuss each agenda item F. Agenda: 1. Review minutes of previous meetings 2. Review of Work progress schedule submittal, and pay estimates, payroll and compliance submittals 3. Field observations, problems, and decisions Identification of problems which impede planned progress Review of submittals schedule and status of submittals Review of Request for Info1 cation and Request for Proposal status 7. Change order status 8. Review of off -site fabrication and delivery schedules 9. Maintenance of progress schedule 10. Corrective measures to regain projected schedules 11. Planned progress during succeeding work period 12. Coordination of projected progress 13. Maintenance of quality and work standards 14. Effect of proposed changes on progress schedule and coordination 15. Other items relating to Work 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01310 - 3 CITY OF PEARLAND SUBMITTALS SECTION 01350 SUBMITTALS 1.0 GENERAL 1.01 SECTION INCLUDES Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes 1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling 1. Schedule submittals well in advance of the need for the material or equipment for construction Allow time to make delivery of material or equipment after submittal is approved. 2. Develop a submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The ENGINEER will review and return submittals to the CONTRACTOR as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a submittal schedule be acceptable which allows less than thirty (30) days for initial review by the ENGINEER. This time for review shall in no way be justification for delays or additional compensation to the CONTRACTOR. 3. The ENGINEER's review of submittals covers conformity to the Drawings, Specifications, and dimensions that affect the layout. The CONTRACTOR is responsible for quantity determination. The CONTRACTOR is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals in no way relieves the CONTRACTOR from his obligation to furnish required items according to the Drawings and Specifications. 04/00 01350 - 1 CITY OF PEARLAND SUBMITTALS 4. Submit five (5) copies of documents unless otherwise specified in the following paragraphs or in the Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. The CONTRACTOR shall assume the risk for material or equipment that is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in periodic progress payments until approval has been obtained in the specified manner. B. Transmittal Form and Numbering 1. Transmit each submittal to the ENGINEER with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Resubmittals shall use the original number with an alphabetic suffix (i.e., 2A for first resubmittal of Submittal 2 or 15C for third resubmittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of videotapes, see Paragraph 1.10 Video. C. CONTRACTOR's Certification Each submittal shall contain a statement or stamp signed by the CONTRACTOR, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A. Submit a Schedule of Values at least ten (10) days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in the Bid Schedule for which the CONTRACTOR requests to receive progress payments. B. Schedule of Values shall be typewritten on 8 %2" x 11", plain white bond paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C. Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable lump sum amount in the Bid Schedule. D. For Unit Price Contracts, items should include a proportional share of CONTRACTOR's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, mobilization, bonds, and insurance may be listed as separate items in the Schedule of Values. 04/00 01350-2 CITY OF PEARLAND SUBMITTALS E For lump sum equipment items where submittal of operations and maintenance data and testing are required, include a separate item for equipment operation and maintenance data submittal valued at 5 percent of the lump sum amount and a separate item for testing and adjusting valued at 5 percent of the lump sum amount. F. Revise the Schedule of Values and resubmit for items affected by Contract Modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values ten (10) days prior to the first Application for Payment after the changes are approved by the ENGINEER 1.04 CONSTRUCTION SCHEDULES A. Submit Construction Schedules for the Work in accordance with the requirements of this Section The Construction Schedule Submittal shall be, at minimum, a bar chart, either computer generated or prepared manually and a narrative report. B. During the Pre -construction Meeting, as noted in Section 01040 — Coordination and Meetings, the CONTRACTOR shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the ENGINEER. Review of the submittal will be provided within seven (7) days of the submittal of the sample. C. Within seven (7) days of the receipt of approval of the CONTRACTOR s format, or fourteen (14) days of the Notice to Proceed, whichever is later, the CONTRACTOR shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The schedule shall usually include a total of at least twenty (20) but not more than fifty (50) activities. Fewer activities may be accepted, if approved by the ENGINEER. 2. For projects with work at different physical locations, each location should be indicated separately within the schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the schedule. 4. For projects with multiple types of tasks within the scope, these types of work should be indicated separately within the schedule. 5. For projects with significant major equipment items or materials worth over 25 percent of the Total Contract Piice, the schedule shall indicate dates when these items are to be purchased when they ale to be delivered, and when installed. 6. For projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Schedule and must be agreed to by the ENGINEER prior to starting work in the area. 7 A tabulation of the estimated monthly billings for the work shall be prepared and submitted by the CONTRACTOR with the first schedule submittal This 04/00 01350 - 3 CITY OF PEARLAND SUBMITTALS information is not required in the monthly updates, unless significant changes in Work require resubmittal of the schedule for review. The total for each month and a cumulative total will be indicated. These monthly forecasts are only for planning purposes of the ENGINEER Monthly payments for actual work completed will be made by the ENGINEER in accordance with Document 00700 — General Condition. D. The CONTRACTOR must receive approval of the ENGINEER for the Schedule and billing estimate prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the ENGINEER, the CONTRACTOR shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule F. The CONTRACTOR's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the schedule shall be required before the monthly Application for Payment will be processed for payment. G. The narrative Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Schedule, Activities Deleted from the Schedule* any other changes made to the Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A. Shop Drawings 1. Submit shop drawings for review as required by the Specifications. 2. CONTRACTOR's Certification, as described in Paragraph 1.02C, shall be placed on each drawing. 3. The drawings shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such b. Arrangement and section views c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts d. Kinds of materials and finishes e. Parts list and descriptions 04/00 01350 - 4 CITY OF PEARLAND SUBMITTALS f. Assembly drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package g. Where necessary for clarity, identify details by reference to drawing sheet and detail numbers, schedule or room numbers as shown on the Contract Drawings. 4. Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. B. Product Data 1. Submit product data for review as required in Specification sections. 2. CONTRACTOR's Certification, as described in Paragraph 1.02C, shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, and options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Specifications 4. For products specified only by reference standard, give manufacturers, trade name, model or catalog designation and applicable reference standard. 5. For products proposed as alternates to "approved" products, as described in Section 01630 — Product Options and Substitutions provide all information required to demonstrate the proposed products meet the level of quality and performance criteria of the ` approved product." Samples 1. Submit samples for review as required by the Specifications. 2. CONTRACTOR's Certification as described in Paragraph 1.02C, shall be placed on each sample or a firmly attached sheet of paper 3. Submit the number of samples specified in Specifications; one of which will be retained by the ENGINEER. 4. Reviewed samples that may be used in the Work are identified in Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A. When specified in Specification sections, submit manufacturers' printed instructions for delivery, storage assembly, installation, start-up, operation, adjusting, finishing, and maintenance. 04/00 01350-5 CITY OF PEARLAND SUBMITTALS B. CONTRACTOR's Certification, as described in Paragraph 1.02C, shall be placed on front page of each document. C. Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A. When specified in Specification sections, submit manufacturers' certificate of compliance for review by ENGINEER B. CONTRACTOR's Certification, as described in Paragraph 1.02C, shall be placed on front page of the certificate. C. Submit supporting reference data, affidavits, and certifications as appropriate. D. Certificates may be recent or previous test results on material or product, but must be acceptable to ENGINEER. 1.08 CONSTRUCTION PHOTOGRAPHS When required by Section 01010, submit photographs in accordance with Section 01380. 1.09 PROJECT RECORD DOCUMENTS Submit Project Record Documents in accordance with Section 01720 — Project Record Documents. 1.10 VIDEO A. Submit television videotapes as required in Section 02732 — Acceptance Testing for Sanitary Sewers. B. Transmittal forms for videotapes shall be numbered sequentially beginning with T01, T02, T03, etc. 1.11 DESIGN MIXES A. When specified in Specifications, submit design mixes for review. B. CONTRACTOR s Certification as described in Paragraph 1.02C, shall be placed on front page of each design mix. C. Mark each design mix to identify proportions, gradations and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D. Maintain a copy of approved design mixes at mixing plant. 04/00 01350 - 6 CITY OF PEARLAND SUBMITTALS 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01350-7 CITY OF PEARLAND REFERENCE STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES SECTION 01420 REFERENCE STANDARDS Section includes general quality assurance as related to Reference Standards and a list of references. 1.02 QUALITY ASSURANCE A. For Products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Confonn to reference standard by date of issue current on the date as stated in the General Conditions. C. Request clarification from ENGINEER before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI AGC AI AITC AISC American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 04/00 01420 - 1 CITY OF PEARLAND REFERENCE STANDARDS AISI ASME ANSI APA API AREA ASTM AWPA AWS AWWA CLFMI CRD CRSI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 American Welding Society PO.Box 35104 Miami, FL 33135 American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 U.S Army Corps of Engineers Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 04/00 01420 - 2 CITY OF PEARLAND REFERENCE STANDARDS EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FS ICEA IEEE Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington, DC 20406 Insulated Cable Engineer Association P .O. Box 440 S. Yarmouth, MA 02664 Institute of Electrical and Electronics Engineers 445 Hoes Lane P .O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P . O. Box 986 Katy , TX 77450 NEMA National Electrical Manufacturers' Association 2101 L Street N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 P CA P CI Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 04/00 01420 - 3 CITY OF PEARLAND REFERENCE STANDARDS SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TNRCC Texas Natural Resource Conservation Commission P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 1lth and Brazos Austin, TX 78701 2483 UL UNI-BELL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 Dallas, TX 75234 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01420 - 4 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL SECTION 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES Quality assurance and control of installation and manufacturer's field services and reports. 1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality at no additional cost to the City. B. Comply fully with manufacturers' installation instructions, including each step in sequence. C. Request clarification from City Engineer before proceeding should manufacturers' instructions conflict with Contract Documents. D. Comply with specified standards as minimum requirements for the Work except when more stringent tolerances codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. 1.03 REFERENCES Obtain copies of standards and maintain at job site when required by individual Specification sections. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A. When specified in individual Specification sections, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation as required. Conform to minimum time requirements for start- up operations and operator training if defined in Specification sections. B. At the City Engineer's request, submit qualifications of manufacturer's representative to City Engineer fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of City Engineer. C. Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within fourteen (14) days of observation to City Engineer for review. 04/00 01430 - 1 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01430 - 2 CITY OF PEARLAND INSPECTION SERVICES SECTION 01440 INSPECTION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES Inspection services and references. 1.02 INSPECTION A. City Engineer will appoint an Inspector as a representative of the City to perfoiui inspections, tests and other services specified in individual specification Sections B. Alternately, City Engineer may appoint, employ, and pay an independent firm to provide additional inspection or construction management services as indicated in Section 01450 — Testing Laboratory Services. C. Reports will be submitted by the independent firm to City Engineer, Architect/ENGINEER and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents D. Contractor shall assist and cooperate with the Inspector; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify City Engineer 24 hours prior to expected time for operations requiring services. Notify Architect/ENGINEER and independent firm when noted. F. Contractor shall sign and acknowledge report for Inspector. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01440 - 1 CITY OF PEARLAND TESTING LABORATORY SERVICES SECTION 01450 TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES Testing Laboratory Services and CONTRACTOR responsibilities related to those services. 1.02 REFERENCES A. ASTM D3740 — Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction B. ASTM E329 — Recommended Practice for Inspection and Testing Agencies for Concrete, Steel and Bituminous Materials as Used in Construction. 1.03 SELECTION AND PAYMENT A. OWNER will employ and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Specification sections. B Employment of testing laboratory shall not relieve CONTRACTOR of obligation to perform work in accordance with requirements of Contract Documents. C. CONTRACTOR shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. 1.04 LABORATORY REPORTS The ENGINEER will receive one (1) copy, City Engineer will receive two (2) copies, and the CONTRACTOR will receive two (2) copies of laboratory reports from the testing laboratory. One (1) of the CONTRACTOR's copies shall remain at site field office for duration of project Test results which indicate non-confoitnance shall be transmitted immediately via fax from the testing laboratory to the CONTRACTOR and City Engineer 1.05 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of CONTRACTOR. Laboratory has no authority to stop the Work. 04/00 01450 - 1 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.06 CONTRACTOR RESPONSIBILITIES A. Notify City Engineer, and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Architect/ENGINEER if specification section requires the presence of the Architect/ENGINEER. B. Cooperate with laboratory personnel in collecting samples to be tested or collected on site. C. Provide access to the Work and to manufacturer's facilities. D. Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples F. Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by CONTRACTOR for his own purposes. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 CONDUCTING TESTING Laboratory sampling and testing shall conform to ASTM D3740 and ASTM E329, plus other test standards specified in individual Specification sections. END OF SECTION 04/00 01450 - 2 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES Temporary facilities and the necessary controls for the project including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property access roads and parking, environmental controls, disposal of trash debris, and excavated material, pest and rodent control, water runoff and erosion control. 1.02 CONTRACTOR's RESPONSIBILITY A. The facilities and controls specified in this section are considered minimum for the Project. The CONTRACTOR may provide additional facilities and controls for the proper execution of the Work and to meet CONTRACTOR's responsibilities for protection of persons and property B. Comply with applicable requirements specified in other sections of the Specifications. 1. Maintain and operate temporary facilities and systems to assure continuous service. 2. Modify and extend systems as Work progress requires. 3. Completely remove temporary materials and equipment when their use is no longer required. 4. Restore existing facilities used for temporary services to specified or to original condition. 1.03 TEMPORARY UTILITIES A. Obtaining Temporary Service. 1. Make arrangements with utility service companies for temporary services. 2. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. 3. Be responsible for utility service costs until the Work is substantially complete. Included are fuel, power, light heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. 04/00 01500 - 1 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS B. Water 1. Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or for other use as required for proper completion of the Work. 2. For water to be drawn from public fire hydrants, obtain special permit or license and meter from the proper City officials. A deposit based on rates established by latest ordinance will be required Install backflow preventor on fire hydrant supply. 3. Provide and maintain an adequate supply of potable water for domestic consumption by CONTRACTOR personnel. C. Electricity and Lighting. 1. Provide electric power service as required for the Work including testing of Work. Provide power for lighting, operation of the CONTRACTOR's equipment, or for any other use by CONTRACTOR. 2. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. 3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot- candles for stairs and shops. D. Temporary Heat and Ventilation 1. Provide temporary heat as necessary for protection or completion of the Work. 2. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50° F. E Telephone Provide emergency telephone service at the CONTRACTOR's field office, or by mobile telephone, for use by CONTRACTOR personnel and others performing work or furnishing services at the site. Sanitary Facilities 1. To provide and maintain sanitary facilities for persons on the job site, comply with the regulations of State and local departments of health. 2. Enforce the use of sanitary facilities by construction personnel at the job site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. 04/00 01500 - 2 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 3. Locate toilets near the Work site and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 1.04 FIELD OFFICE Provision of a field office is not required unless stated otherwise in the Contract Documents. If the CONTRACTOR chooses to provide one, locate it in a place approved by the ENGINEER. 1.05 STORAGE OF MATERIALS A. Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage Storage of materials not susceptible to weather damage may be on blocks off the ground. C. Store materials in a neat and orderly manner. Place materials and equipment to permit easy access for identification, inspection, and inventory. 1.06 SAFETY REQUIREMENTS A. Submit and follow a safety program in accordance with Document 00700 — General Conditions Paragraph 10.1 Include in the safety program documented response to trench safety requirements as specified in Section 01570 — Trench Safety System. B. Conduct operations in strict accord with applicable Federal, State and local safety codes and statutes and with good construction practice. The CONTRACTOR is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Project. C. Observe and comply with Texas Occupational Safety Act (Art 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in 29 CFR Part 1926 and adopted by Secretary of Labor as occupational safety and health standards under the Williams -Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of CONTRACTOR employees. Such safety and health standards apply to subcontractors and their employees as well as to the CONTRACTOR and its employees. D. Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the CONTRACTOR without reliance or superintendence of or direction by the ENGINEER or the ENGINEER's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the CONTRACTOR or subcontractor's work or place of work on the job site under this Contract, and after such investigation or inspection advise the ENGINEER of the results. Submit one (1) copy of accident reports to ENGINEER within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional 04/00 01500 - 3 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidences of contamination, immediate take appropriate steps to seal off entry of contaminated liquids to the Work area. F. Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the specifications and shown on the Drawings are obligations of the CONTRACTOR. G. Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.07 FIRST AID EQUIPMENT A. Provide a first aid kit throughout the construction period List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B. Have at least one (1) person thoroughly trained in first aid procedures present on the site whenever Work is in progress. 1.08 FIRE PROTECTION A. Fire Protection Standards. 1. Conform to specified fire protection and prevention requirements as well as those which may be established by Federal, State, or local governmental agencies. 2. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations 3. Provide portable fire extinguishers rated not less than 2A or 5B in accordance with NFPA Standard No. 10 Portable Fire Extinguishers, for each temporary building, and for every 3,000 square feet of floor area of facilities under construction. 4. Locate portable fire extinguishers within 50 feet maximum from any point in the Project area. B. Fire Prevention and Safety Measures. 1. Prohibit smoking in hazardous areas. Post suitable warning signs in areas which are continuously or intermittently hazardous. 2. Use metal safety containers for storage and handling of flammable and combustible liquids. 3. Do not store flammable or combustible liquids in or near stairways or exits. 4. Maintain clear exits from all points within a structure. 04/00 01500 - 4 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.09 SECURITY MEASURES A. Protect all Work materials, equipment, and property from loss, theft, damage, and vandalism. CONTRACTOR s duty to protect property includes OWNER's property. If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing. 1.10 PROTECTION OF PUBLIC UTILITIES Prevent damage to existing public utilities during construction. These utilities are shown on the Drawings at their approximate locations. Give OWNERS of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.11 PROTECTION OF THE WORK AND PROPERTY A. Preventive Actions. 1. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. 2. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other CONTRACTOR, any utility service company, or the OWNER's operations b. Provide suitable storage for materials which are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish scrap materials, and debris caused by construction operations keeping the project site safe and orderly. e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3. Obtain written consent from proper parties before entering or occupying with workers, tools, materials, or equipment privately -owned land except on easements provided foi construction. 4. Assume full responsibility for the preservation of public and private property on or adjacent to the site If any direct or indirect damage is done by or on account of any act omission, neglect, or misconduct in execution of the Work 04/00 01500 - 5 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS by the CONTRACTOR, it shall be restored by the CONTRACTOR to a condition equal to or better than that existing before the damage was done. B. Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 — Traffic Control and Regulation. C. Tree and Plant Protection. Conform to requirements of Section 01563 — Tree and Plant Protection. D. Protection of Existing Structures Underground Structures: a. Underground structures are defined to include, but not be limited to, sewer, water gas, and other piping and manholes chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. b. Known underground structures, including water, sewer, electric, and telephone services are shown on the Drawings in accordance with the best information available, but is not guaranteed to be correct or complete. CONTRACTOR is responsible for making "Locate" calls. c. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the OWNER d. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. e. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Document 00700 — General Conditions. 2. Surface Structures: Surface structures are defined as existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls bridges, roads, dams, channels, open drainage, piping poles, wires, posts, signs, 04/00 01500 - 6 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS markers, curbs walks, guard cables, fencing, and other facilities that are visible above the ground surface. 3. Protection of Underground and Surface Structures: a. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, CONTRACTOR shall satisfy the ENGINEER that the methods and procedures to be used have been approved by the owner of the structure. b. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. c. Notify the OWNERS and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities give a mmimum of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operation reach and uncover the utility. d. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. E. Protection of Installed Products. 1. Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of Work. 2. Control traffic to prevent damage to equipment, materials, and surfaces. 1.12 ROADS AND PARKING A. Prevent interference with traffic and OWNER operations on existing roads. 04/00 01500 - 7 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS B. Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking Locate as approved by Engineer. C. Minimize use by construction traffic of existing streets and driveways. D. Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.13 ENVIRONMENTAL CONTROLS A. Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B. Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91-190, Executive Order 11514. C. Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Particularly avoid pollution of "on -site" streams, sewers, wells, or other water sources. D. Burning of rubbish, debris or waste materials is not permitted. 1.14 POLLUTION CONTROL A. Provide methods, means and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B. Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. C. Take special measures to prevent harmful substances from entering public waters. Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to streams, or in sanitary or storm sewers. D. Provide systems for control of atmospheric pollutants. 1. Prevent toxic concentrations of chemicals. 2. Prevent hanuiful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current Federal, State, and local laws and regulations. 04/00 01500 - 8 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.15 PEST AND RODENT CONTROL A. Provide rodent and pest control as necessary to prevent infestation of construction or storage areas. B. Employ methods and use materials which will not adversely affect conditions at the site or on adjoining properties. 1.16 NOISE CONTROL A. Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to the latest OSHA standards and City Ordinances and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B. Conduct construction operations during daylight hours from 7.30 a.m. to 6:00 p.m. except as approved by ENGINEER. 1.17 DUST CONTROL Control objectionable dust caused by operation of vehicles and equipment Apply water or use other methods, subject to approval of the ENGINEER, which will control the amount of dust generated. 1.18 WATER RUNOFF AND EROSION CONTROL A. Provide methods to control surface water runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the site, or adjoining properties. B. Control fill, grading and ditching to direct water away from excavations, pits, and other construction areas and to direct drainage to proper runoff courses so as to prevent any erosion, sedimentation or damage. C. Provide, operate, and maintain equipment and facilities of adequate size to control surface water. D. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or to adjoining areas and in conformance with environmental requirements. E. Retain existing drainage patterns external to the construction site by constructing temporary earth berms, sedimentation basins retaining areas, and temporary ground cover as needed to control conditions. F. Plan and execute construction and earth work by methods to control surface drainage from cuts and fills, and from borrow and waste disposal areas, to prevent erosion and sedimentation. 1. Keep to a minimum the area of bare soil exposed at one time. 2. Provide temporary control measures, such as berms, dikes, and drains. 04/00 01500 - 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS G. Construct fills and waste areas by selective placement to eliminate surface silts or clays that will erode. H. Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01500 - 10 CITY OF PEARLAND MOBILIZATION SECTION 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES Mobilization of construction equipment and facilities onto the site. 1.02 UNIT PRICES A. Measurement for mobilization is on a lump sum basis. B. Mobilization payments will be included in monthly payment estimates upon written application by CONTRACTOR subject to the following provisions: 1. Authorization for payment of 50 percent of the contract price for mobilization will be made upon receipt and approval by ENGINEER of the following items, as applicable: a. Schedule of values, if required by Section 01100. b. Trench safety program c. Construction schedule d. Preconstruction photographs, if required by Section 01100. 2. Authorization for payment of the remaining 50 percent of the Contract Price for mobilization will be made upon completion of Work amounting to 5 percent of the Contract Price less the mobilization unit price. C. Mobilization payments will be subject to retainage amounts stipulated in the General Conditions. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01505 - 1 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT 1.0 GENERAL SECTION 01550 STABILIZED CONSTRUCTION EXIT 1.01 SECTION INCLUDES Installation of erosion and sediment control for stabilized construction exits used during construction and until final development of the site. 1.02 SUBMITTALS A. Manufacturer's catalog sheets and other product data on geotextile fabric. B. Sieve analysis of aggregates conforming to requirements of this Specification. 1.03 UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed under this Section Include cost of work performed under this Section in pay items for which this work is a component. 2.0 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Provide woven or nonwoven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B. Geotextile fabric shall have a minimum grab strength of 270 psi in any principal direction (ASTM D-4632), and the equivalent opening size between 50 and 140 C. Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0°F to 120°F. D. Representative Manufacturers: Mirafi, Inc., or equal. 2.02 COARSE AGGREGATES A. Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast furnace slag, or a combination of these materials. Aggregate shall be composed of clean, hard, durable materials free from adherent coatings, salt alkali, dirt clay loam, shale,. soft or flaky materials, or organic and injurious matter. 04/00 01550 - 1 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT B. Coarse aggregates shall conform to the following gradation requirements. Sieve Size Percent Retained (Square Mesh) (By Weight) 2-1/2' 0 2" 0-20 1-1/2" 15 - 50 3/4" 60 - 80 No. 4 95 - 100 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A. If necessary to keep the street clean of mud carried by construction vehicles and equipment, CONTRACTOR shall provide stabilized construction roads and exits at the construction staging, parking storage, and disposal areas. Such erosion and sediment controls shall be constructed in accordance with the requirements shown on the Drawings and specified in this Section. B. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than as specifically directed by the ENGINEER to allow soil testing and surveying. C. Maintain existing erosion and sediment control systems located within the project site until acceptance of the project or until directed by the ENGINEER to remove and discard the existing system. D Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed maintain the stabilized construction roads and exits until the project is accepted by the City Remove stabilized construction roads and exits promptly when directed by the ENGINEER. Discard removed materials off site. E Remove sediment deposits and dispose of them at the designated spoil site for the project. If a project spoil site is not designated on the Drawings, dispose of sediment off site at location not in or adjacent to a stream or floodplain. Off -site disposal is the responsibility of the CONTRACTOR. Sediment to be placed at the project site should be spread evenly throughout the site, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. If sediment has been contaminated it shall be disposed of in accordance with existing federal state, and local rules and regulations. F. Equipment and vehicles shall be prohibited by the CONTRACTOR from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately G. Conduct all construction operations under this Contract in conformance with the erosion control practices described in the Specification 01566 — Source Controls for Erosion and Sedimentation. 04/00 01550 - 2 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT 3.02 CONSTRUCTION METHODS A. Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Drawings. B. Provide stabilized construction exits, and truck washing areas when approved by ENGINEER, of the sizes and locations where shown on Drawings or as specified in this Section. C. Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way When washing is needed to remove sediment, CONTRACTOR shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D. Details for stabilized construction exit are shown on the Drawings. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlaying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of fourteen (14) days to minimize damage potential. E. Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags, gravel, boards, or similar methods to prevent sediment from entering public right-of-way, receiving stream or storm water conveyance system. F. The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth. Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped washed, or tracked onto public right-of-way shall be removed immediately. G. The length of the stabilized area shall be as shown on the Drawings, but not less than 50 feet The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H. Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Drawings. I. Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by ENGINEER. J. Alternative methods of construction may be utilized when shown on Drawings, or when approved by the ENGINEER. These methods include the following: 1. Cement -Stabilized Soil - Compacted cement -stabilized soil or other fill material in an application thickness of at least 8 inches. 04/00 01550 - 3 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT 2. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge -to -edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats - Perforated mats placed across perpendicular support members. END OF SECTION 04/00 01550 - 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.0 GENERAL SECTION 01555 TRAFFIC CONTROL AND REGULATION 1.01 SECTION INCLUDES A. Requirements for signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations B. Requirement for and qualifications of flaggers. 1.02 SUBMITTALS A. A traffic control plan responsive to the Texas Manual on Umfoxin Traffic Control Devices (TMUTCD) and sealed by a Registered Professional Engineer is incorporated into the Drawings. If the CONTRACTOR proposes to implement traffic control different than the plan provided he shall submit a traffic control plan in conformance with the TMUTCD for approval of the ENGINEER. B. For both the traffic control plan and flaggers use, submitschedules of values within thirty (30) days following the Notice to Proceed. Refer to Section 01350 — Submittals. C. Make submittals in accordance with Section 01350 — Submittals. 1.03 UNIT PRICES A. Traffic Control and Regulation. Measurement is on a lump sum basis for traffic control and regulation, including submittal of a traffic control plan if different from the plan shown on the Drawings, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the work and the public The amount invoiced shall be determined based on the schedule of values submitted for traffic control and regulation. Flaggers. Measurement is on a lump sum basis for flaggers as required for the Project. The amount invoiced shall be determined based on the schedule of values submitted for flaggers. 1.04 FLAGGERS A. Unless otherwise specified, use only flaggers who are off -duty, regularly employed, uniformed peace officers. B. Flaggers are required at the following locations: 1. Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 04/00 01555 - 1 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and crosswalks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. C. The use of flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the CONTRACTOR of full responsibility for taking such other steps and provide such other flaggers or personnel as the CONTRACTOR may deem necessary to protect the work and the public, and does not in any way relieve the CONTRACTOR of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Comply with Texas State Manual on Uniform Traffic Control Devices. B. Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A. Abide by laws and regulations of governing authorities when using public roads If the CONTRACTOR's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the ENGINEER. B. CONTRACTOR shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the traffic control plan. C. CONTRACTOR shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m and 4:00 p.m. to 6:00 p.m on designated major arterials or as directed by the ENGINEER. 04/00 01555 - 2 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION D. CONTRACTOR shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of surrounding streets: Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H. Prevent parking on or adjacent to access roads or in non -designated areas. 3.03 FLARES AND LIGHTS Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic 3.04 HAUL ROUTES A. Utilize haul routes designated by authorities or shown on the Drawings for construction traffic. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.05 TRAFFIC SIGNS AND SIGNALS A. Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas and elsewhere as needed to direct construction and affected public traffic. B. Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.06 BRIDGING TRENCHES AND EXCAVATIONS A. Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic B. Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than 5 percent of daily traffic is comprised of commercial or truck traffic; 04/00 01555 - 3 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 3. When more than two (2) separate plates are used for the bridge; or 4. When bridge is to be used for more than five (5) consecutive days. C. Install bridging to operate with minimum noise. D. Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F. Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.07 REMOVAL A. Remove equipment and devices when no longer required. B. Repair damage caused by installation. C. Remove post settings to a depth of 2 feet. END OF SECTION 04/00 01555 - 4 CITY OF PEARLAND FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES SECTION 01560 FILTER FABRIC FENCE Installation of erosion and sediment control filter fabric fences used during construction and until final development of the site. The purpose of filter fabric fences is to contain pollutants from overland flow. Filter fabric fences are not for use in channelized flow areas. Filter fabric fences may be reinforced. 1.02 UNIT PRICES A. Filter fabric fence will be measured by the linear foot of completed and accepted filter fabric fence between the limits of the beginning and ending of wooden stakes. Filter fabric fence, measured as stated, will be paid for at the unit price bid for filter fabric fence, complete in place. B. Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place, including, but not limited to protection of trees, maintenance requirements repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. Filter fabric barrier, if specified, will be measured by the linear foot of completed and accepted filter fabric barrier between the limits of the beginning and ending fence posts Filter fabric barrier, measured as stated, will be paid for at the unit price bid for filter fabric fence, complete in place. D. Payment for filter fabric barrier will include and be full compensation for all labor, equipment, materials, supervision, and incidental expenses for construction of these items, complete in place including, but not limited to protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. 1.03 SUBMITTALS A. Manufacturer's catalog sheets and other product data on geotextile fabric. B. Conform to requirements of Section 01350 — Submittals. 04/00 01560 - 1 CITY OF PEARLAND FILTER FABRIC FENCE 2.0 PRODUCTS 2.01 FILTER FABRIC A. Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B. Geotextile fabric shall have a grab strength of 100 psi in any principal direction (ASTM D-4632), Mullen burst strength exceeding 200 psi (ASTM D-3786), and the equivalent opening size between 50 and 140. C. Filter fabric material shall contain ultraviolet inhibitors and stabilizers to provide a minimum of six (6) months of expected usable construction life at a temperature range of 0° F to 120° F. D. Representative Manufacturer: Mirafi, Inc., or equal. 2.02 FILTER FABRIC REINFORCEMENT Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a maximum mesh spacing of 6 inches. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A. Provide erosion and sediment control systems at the locations shown on Drawings. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Drawings and specified in this Section. B. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than site work specifically directed by the Engineer to allow soil testing and surveying. C. Regularly inspect and repair or replace damaged components of filter fabric fences as specified in this Section. Unless otherwise directed, maintain the erosion and sediment control systems until the project area stabilization is accepted by the OWNER. Remove erosion and sediment control systems promptly when directed by the ENGINEER. Discard removed materials off site D. Remove sediment deposits and dispose of them at the designated spoil site for the project. If a project spoil site is not designated on the Drawings, dispose of sediment off site at a location not in or adjacent to a stream or floodplain. Off -site disposal is the responsibility of the CONTRACTOR. Sediment to be placed at the project site should be spread evenly throughout the site, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. If sediment has been contaminated it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 04/00 01560 - 2 CITY OF PEARLAND FILTER FABRIC FENCE E. Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 — Source Controls for Erosion and Sedimentation. 3.02 CONSTRUCTION METHODS A. Provide filter fabric fence systems in accordance with the Drawing detail for filter fabric fences. Filter fabric fences shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B. Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches If filter fabric is factory preassembled with support netting, then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. C. Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Drawings. Lay filter fabric along the edges of the trench. Backfill and compact trench. D. Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natural ground. E Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. F. Inspect sediment filter barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the fence or 6 inches, whichever is less G. Install reinforced filter fabric barriers for erosion and sediment control used during construction and until the final development of the site. Reinforced filter fabric barriers are used to retain sedimentation in channelized flow areas. H. Provide filter fabric barriers in accordance with the Drawing detail for reinforced filter fabric barrier. Filter fabric bamer systems shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. I. Trench in the toe of the filter fabric barrier with a spade or mechanical trencher as shown on the Drawings. Lay filter fabric along the edges of the trench. Backfill and compact trench. J Securely fasten the filter fabric material to the woven wire with tie wires. K. Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. 04/00 01560 - 3 CITY OF PEARLAND FILTER FABRIC FENCE L Inspect the reinforced filter fabric barrier systems after each rainfall, daily during periods of prolonged rainfall and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the barrier or 6 inches, whichever is less. END OF SECTION 04/00 01560 - 4 CITY OF PEARLAND WASTE MATERIAL DISPOSAL SECTION 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES Disposal of waste material and salvageable material. 1.02 UNIT PRICES No separate payment will be made for waste material disposal under this Section. Include payment in unit price for related sections. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01350 — Submittals. B. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C. Submit a copy of written permission from property owner, along with description of property, pnor to disposal of excess material adjacent to the Project. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A. Excavated material: When indicated on Drawings, load, haul, and deposit excavated material at a location or locations shown on Drawings outside the limits of Project. B. Base, surface, and bedding material. Deliver gravel, bituminous, or other base and surfacing material designated for salvage to the location designated by the ENGINEER C. Pipe culvert: Deliver culverts designated for salvage to OWNER's storage area. D. Other salvageable materials: Conform to requirements of individual Specification Sections E Coordinate delivery of salvageable material with ENGINEER. 04/00 01562 - 1 CITY OF PEARLAND WASTE MATERIAL DISPOSAL 3.02 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the job site and legally disposed of. Excess soil may be deposited on private property adjacent to the Project when written permission is obtained from property owner See Paragraph 1.03 C above. C. Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. D. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION 04/00 01562 - 2 CITY OF PEARLAND TREE AND PLANT PROTECTION SECTION 01563 TREE AND PLANT PROTECTION 1.0 GENERAL 1.01 SECTION INCLUDES Tree and plant protection. 1.02 PROJECT CONDITIONS A. Preserve and protect existing trees and plants to remain from foliage, branch, trunk, or root damage that could result from construction operations. B. Prevent following types of damage: 1. Compaction of root zone by foot or vehicular traffic, or material storage. 2. Trunk damage from equipment operations, material storage, or from nailing or bolting. 3. Trunk and branch damage caused by ropes or guy wires or machine impacts. 4. Root poisoning from spilled solvents, gasoline, paint, and other noxious materials. 5. Branch damage due to improper pruning or trimming. 6. Damage from lack of water due to: a. Cutting or altering natural water migration patterns near root zones. b. Failure to provide adequate watering. 7. Damage from alteration of soil pH factor caused by depositing lime, concrete, plaster, or other base materials near roots. 8. Cutting feeder of roots or roots larger than 11/2 inches in diameter. 1.03 DAMAGE ASSESSMENT When trees other than those designated for removal are destroyed or badly damaged as a result of construction operations remove and replace with same size, species, and variety up to and including 8 inches in trunk diameter. Tree larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contract amount will be reduced by an amount determined from the following International Shade Tree Conference formula: 0 7854 x D2 x $10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above grade. 04/00 01563 - 1 CITY OF PEARLAND TREE AND PLANT PROTECTION 2.0 PRODUCTS 2.01 MATERIALS A. Asphalt paint: Emulsified asphalt or other adhesive, elastic, antiseptic coating formulated for horticultural use on cut or injured plant tissue, free from kerosene and coal creosote. B. Burlap: Suitable for use as tree wrapping. C. Fertilizer Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5 percent potash. D. All necessary tree replacements shall be as approved by ENGINEER/Urban Forester. 3.0 EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A. Except for trees and shrubs shown on Drawings to be removed, all trees and shrubs within the project area are to remain and be protected from damage. B. For trees to be removed, as designated on the Drawings, perform the following: 1. Stake right-of-way limits and identify any tree of diameter greater than 4 inches which is to be removed Mark trees prior to felling with an X in orange paint, clearly visible, on the trunk, and at eye level. 2. After marking trees give a minimum of 48-hours notice in writing to the ENGINEER of intent to begin felling operations. 3. Trees whose trunks are only partially in the right-of-way shall be protected and preserved as described below. C. For trees or shrubs to remain, perform the following: 1. Trim trees and shrubs only as necessary. a. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper form and branching habit. b. Cut limbs at branch collar. No stubs should remain on trees. Branch cuts should not gouge outer layer of tree structure or trunk. 2. Use extreme care to prevent excessive damage to root systems. a. Roots in construction areas will be cut smoothly with a trencher before excavation begins. Do not allow ripping of roots with a backhoe or other equipment. 04/00 01563 - 2 CITY OF PEARLAND TREE AND PLANT PROTECTION b. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. c. Cover exposed roots with soil as soon as possible. 3. Prevent damage or compaction of root zone (area inside dripline) by construction activities. a. Do not allow scarring of trunks or limbs by equipment or other means. b. Do not store construction materials, vehicles, or excavated material inside dripline of trees. c. Do not pour liquid materials inside dripline. 4. Water and fertilize trees and shrubs that will remain to maintain their health during construction period. a. Supplemental watering of landscaping during construction should be done once every 7 days in cold months and once every four (4) days in hotter months. b. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. 5. Water areas currently being served by private sprinkler systems while systems are temporarily taken out of service to maintain health of existing landscapes. 6. At option of the CONTRACTOR and with the ENGINEER's permission, trees and shrubs to remain may be temporarily transplanted and returned to original positions under supervision of professional horticulturist. 3.02 PROTECTION A. Protection of Trees or Shrubs in Open Area: 1. Install steel drive-in fence posts in protective circle, approximately 8 feet on center, not closer than 4 feet to trunk of trees or stems of shrubs. 2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet minimum above ground. 3. Mount steel hog -wire on fence posts. 4. For trees or shrubs in paved areas, mount concrete -filled steel pipe 21/2 inches in diameter minimum in rubber auto tires filled with concrete (movable posts). 04/00 01563 - 3 CITY OF PEARLAND TREE AND PLANT PROTECTION B. Timber wrap protection for trees in close proximity of moving or mechanical equipment and construction work: 1. Wrap trunk with layer of burlap. 2. Install 2 x 4s or 2 x 6s (5-foot to 6-foot lengths) vertically, spaced 3 inches to 5 inches apart around circumference of tree trunk. 3. Tie in place with 12 to 9 gauge steel wire. 3.03 MAINTENANCE OF NEWLY PLANTED TREES A. Water trees during dry periods. B. The CONTRACTOR guarantees that trees planted for this Project shall remain alive and healthy at least until the end of a 1-year warranty period. 1. Within 4 weeks of notice from OWNER CONTRACTOR shall replace, at his expense, any dead frees or any trees that in the opinion of OWNER, have become unhealthy or unsightly or have lost their natural shape as a result of additional growth, improper pruning or maintenance, or weather conditions. 2. When tree must be replaced, the guarantee period for that tree shall begin on date of replacement of tree, subject to the OWNER's inspection, for no less than 1 year. 3. Straighten leaning trees and bear entire cost. 4. Dispose of trees rejected at any time by ENGINEER at CONTRACTOR's expense. END OF SECTION 04/00 01563 - 4 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER SECTION 01564 CONTROL OF GROUNDWATER AND SURFACE WATER 1.0 GENERAL 1.1 SECTION INCLUDES A. Dewatering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition B. Protecting work against surface runoff and rising floodwaters. C. Disposing of removed water. 1.2 METHOD OF PAYMENT Unless otherwise specified in the Contract Documents, no separate payment will be made for control of ground water and surface water. Include the cost to control ground water and surface water in price for work requiring such controls. 1.3 DEFINITIONS A. Ground water control includes both dewatering and depressurization of water -bearing soil layers. 1. Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing, improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. 2. Depressurization includes reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. B. Excavation drainage includes keeping excavations free of surface and seepage water. Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water. D. Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells and devices, such as flow meters, for observing and recording flow rates 04/00 01564 - 1 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER 1.4 PERFORMANCE REQUIREMENTS A. Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B. Design a ground water control system, compatible with requirements of Federal Regulations 29 CFR Part 1926 and Section 01526 - Trench Safety Systems, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. C. Ground water control systems may include single -stage or multiple -stage well point systems, eductor and ejector -type systems, deep wells, or combinations of these equipment types. D. Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F. Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. G. Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H. Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. 04/00 01564 - 2 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER J. Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. Decommission piezometers and monitoring wells installed during design phase studies and left for CONTRACTORS monitoring and use. 1.5 SUBMITTALS A. Submittals shall conform to requirements of Section 01350 — Submittals. B. Submit a ground water and surface water control plan for review by the ENGINEER prior to start of any fieldwork. The Plan shall be signed by a professional engineer registered in the State of Texas. Submit a plan to include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement location depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitonng wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and Manufacturer's application recommendations. 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. 8. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C. Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 04/00 01564 - 3 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER 2. Installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow rates. D. Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to Paragraph 3.02, Requirements for Eductor, Well Points, or Deep Wells. 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. E Submit the following records at end of work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other dunng the design phase and left for CONTRACTOR's monitoring and use. 1.6 ENVIRONMENTAL REQUIREMENTS A. Comply with requirements of agencies having jurisdiction. B. Comply with Texas Commission on Environmental Quality regulations and Texas Water Well Drillers Association for development, drilling and abandonment of wells used in dewatering system. C. Obtain permit from EPA under the Texas Pollutant Discharge Elimination System (TPDES), for storm water discharge from construction sites. Refer to Section 01565 — TPDES Permit Requirements. D. Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. E Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. 2.0 PRODUCTS 2.1 EQUIPMENT AND MATERIALS A. Equipment and materials are at the option of CONTRACTOR as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review of the ENGINEER through submittals required in Paragraph 1.06 Submittals. 04/00 01564 - 4 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER B. Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C. All equipment must be in good repair and operating order. D. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required 3.0 EXECUTION 3.1 GROUND WATER CONTROL A. Perform a subsurface investigation by borings as necessary to identify water -bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the draw -down characteristics of the water -bearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan (see Paragraph 1.5B.1). B. Provide labor material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C. Install, operate, and maintain ground water control systems in accordance with the Ground Water and Surface Water Control Plan. Notify ENGINEER in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D. Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F. Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Ground Water and Surface Water Control Plan. G. Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H. During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place Do not allow water levels to rise into cement - stabilized sand until at least 48 hour after placement. 04/00 01564 - 5 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement -sand grout when pipe is removed from service. J. Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment Maintain drainage system during operations and remove it when no longer required Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L Compact backfill as required by the Contract Documents. 3.2 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS A. For aboveground piping in ground water control system, include a 12-inch minimum length of clear transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B. Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for CONTRACTOR' s selected method of work. C. Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D. Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the ground water control plan are satisfied E Replace installations that produce noticeable amounts of sediments after development. F. Provide additional ground water control installations, or change the methods, in the event that the installations according to the ground water control plan does not provide satisfactory results based on the performance criteria defined by the plan and by the specification. Submit a revised plan according to Paragraph 1.5B. 3.3 EXCAVATION DRAINAGE CONTRACTOR may use excavation drainage methods if necessary to achieve well drained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 04/00 01564 - 6 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER 3.4 MAINTENANCE AND OBSERVATION A. Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good operating condition. B. Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule C. Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D. Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the ENGINEER. 3.5 MONITORING AND RECORDING A. Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. B. Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when ENGINEER determines that more frequent monitoring and recording are required. Comply with ENGINEER's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.6 SURFACE WATER CONTROL A. Intercept surface water and divert it away from excavations through use of dikes, ditches curb walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B. Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. END OF SECTION 04/00 01564 - 7 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond SECTION 01565 TPDES REQUIREMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A. Documentation to be prepared and signed by Contractor before conducting construction operations, in accordance with the Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit Number TXR150000 issued March 5, 2003 (the Construction General Permit). Implementation, maintenance inspection, and termination of storm water pollution prevention control measures including, but not limited to, erosion and sediment controls storm water management plans, waste collection and disposal, off -site vehicle tracking, and other appropnate practices shown on the Drawings or specified elsewhere in the Contract. C. Review of the Storm Water Pollution Prevention Plan (SWP3) implementation in a meeting with Program Manager prior to start of construction. 1.02 DEFINITIONS A. Commencement of Construction Activities: The exposure of soil resulting from activities such as clearing, grading, and excavating. Large Construction Activity: Project that: 1. disturbs 5 acres or more, or 2. disturbs less than 5 acres but is part of a larger common plan of development that will disturb 5 acres or more of land. C. Small Construction Activity: Project that: 1. disturbs 1 or more acres but less than 5 acres, or 2. disturbs less than 1 acre but is part of a larger common plan of development that will ultimately disturb 1 or more acres but less than 5 acres. D. TPDES Operator: The person or persons who have day-to-day operational control of the construction activities which are necessary to ensure compliance with the SWP3 for the site or other Construction General Permit conditions Project No. 052511256.0004 01565 -- Page l of 16 TPDES REQUIREMENTS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 1.03 UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay items for which this work is a component 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 SITE SPECIFIC STORM WATER POLLUTION PREVENTION PLAN (SWP3) A. Prepare a SWP3 following Part III of the TPDES General Permit TXR150000 under Section F. B. Update or revise the SWP3 as needed during the construction following Part III, Section E of the Construction General Permit C. Submit the SWP3 and any updates or revisions to Program Manager for review and address comments prior to commencing, or continuing, construction activities. 3.02 NOTICE OF INTENT FOR LARGE CONSTRUCTION ACTIVITY A. Fill out, sign, and date TCEQ Form 20022 (02/03) Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000), ATTACHMENT 1 of this Section 01565. B. Transmit the signed Contractor's copy of TCEQ Form 20022 (02/03), along with a $100.00 check, made out to Texas Commission on Environmental Quality, and the completed Payment Submittal Form to Program Manager. C. Program Manager will complete a separate TCEQ Form 20022 (02/03) for City's NOI, and will submit both Notices, along with checks for application fees, to the TCEQ. D. Submission of the Notice of Intent form by both the City and Contractor to TCEQ is required a minimum of 2 days before Commencement of Construction Activities. 3.03 CONSTRUCTION SITE NOTICE FOR SMALL CONSTRUCTION ACTIVITY A. Fill out, sign and date the Construction Site Notice, Attachment 2 to TPDES General Permit TXR150000, "Construction Site Notice," ATTACHMENT 2 of this Section 01565. B. Transmit the signed Construction Site Notice to Program Manager at least 7 days prior to Commencement of Construction Activity. Project No. 052511256.0004 01565 — Page 2 of 16 TPDES REQUIREMENTS Project No. 052511256.0004 Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond 3.04 CERTIFICATION REQUIREMENTS A. Fill out TPDES Operator's Information form, ATTACHMENT 3 of this Section 01565, including Contractor's name, address, and telephone number and the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures. Use multiple copies as required to document full information. B. Contractor and Subcontractors shall sign and date the Contactor's/Subcontractor's Certification for TPDES Permitting, ATTACHMENT 4 of this Section 01565. Include this certification with other Project certification forms. C. Submit properly completed certification forms to Program Manager for review before beginning construction operations. Conduct inspections in accordance with TCEQ requirements Ensure persons or firms responsible for maintenance and inspection of erosion and sediment control measures read fill out, sign, and date the Erosion Control Contractor's Certification for Inspection and Maintenance Use the EPA NPDES Construction Inspection Form, ATTACHMENT 5 of this Section 01565 and the City of Pearland's Storm Water Pollution Prevention Plan Construction Site Inspection Report, ATTACHMENT 6 of this Section 01565 to record maintenance inspections and repairs. 3.05 RETENTION OF RECORDS Keep a copy of this document and the SWP3 in a readily accessible location at the construction site from Commencement of Construction Activity until submission of the Notice of Termination (NOT) for Storm Water Discharges Associated with Construction Activity under TPDES Construction General Permit (TXR150000) Contractors with day-to- day operational control over SWP3 implementation shall have a copy of the SWP3 available at a central location on -site, for the use of all operators and those identified as having responsibilities under the SWP3. Upon submission of the NOT, submit all required forms and a copy of the SWP3 with all revisions to Program Manager. 3.06 REQUIRED NOTICES Post the following notices from the effective date of the SWP3 until the date of final site stabilization as defined in the Construction General Permit: 1. Post the TPDES pen nit number for Large Construction Activity, or a signed TCEQ Construction Site Notice for Small Construction Activity. Signed copies of the City's and Contractor's NOI must also be posted 2. Post notices near the main entrance of the construction site in a prominent place for public viewing. Post name and telephone number of Contractor's local contact person, brief project description and location of the SWP3. a. If posting near a main entrance is not feasible due to safety concerns, coordinate posting of notice with Program Manager to conform to requirements of the Construction General Permit. 01565 - Page 3 of 16 TPDES REQUIREMENTS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond b. If Project is a linear construction project (e.g., road, utilities, etc.), post notice in a publicly accessible location near active construction. Move notice as necessary. 3. Post a notice to equipment and vehicles operators, instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post at each stabilized construction exit area. 4. Post a notice of waste disposal procedures in a readily visible location on site. 3.07 ON -SITE WASTE MATERIAL STORAGE A. On -site waste material storage shall be self-contained and shall satisfy appropriate local, state, and federal rules and regulations. B. Prepare list of waste material to be stored on -site Update list as necessary to include up-to-date information Keep a copy of updated list with the SWP3. C. Prepare description of controls to reduce pollutants generate from on -site storage. Include storage practices necessary to minimize exposure of materials to storm water, and spill prevention and response measures consistent with best management practices. Keep a copy of the description with the SWP3 3.08 NOTICE OF TERMINATION A. Submit a NOT, ATTACHMENT 7 of this Section 01565, to Program Manager within 10 days after: 1. Final stabilization has been achieved on all portions of the site that are the responsibility of the Contractor; or 2. Another operator has assumed control over all areas of the site that have not been stabilized; and 3. All silt fences and other temporary erosion controls have either been removed scheduled to be removed as defined in the SWP3, or transferred to a new operator, if the new operator has sought permit coverage. B. Program Manager will complete City's NOT and submit Contractor and City's notices to the TCEQ and MS4 entities. END OF SECTION Project No. 052511256.0004 01565 —Page 4 of 16 TPDES REQUIREMENTS �� Notice of Intent (NO1) for Storm Water TCEQ Office Use Only Discharges Associated with Construction TPDES Permit Number: TXR151_1_1_1 ) ___ alle Activity under the TPDES General Permit GIN Number: I 1 1 1 1 1 1 1 soutiwiss Fee Receipt No, TCEO IMPORTANT: Use After Missing, the completing attached illegible, INSTRUCTIONS this or inaccurate form, use the items when attached may delay completing CUSTOMER final acknowledgment this form. CHECKLIST or coverage to make certain under the all items general are complete permit. and accurate. Application Fee: You must submit the $100 NOI Application Fee to TCEQ under separate cover (see instructions) using the attached Application Fee submittal Tell us how form. (DO you paid NOT for SEND this fee: A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) Check/Money Order No.: 18912 Name Printed on Check: Triple B Services, L.L.P. A. OPERATOR 1. TCEQ Issued Customer Number (CN) (if available): 2. Legal Name (spelled exactly as filed with the Texas Secretary of State, County, or legal document that was used in forming the entity): Triple B Services, L L P 3. Mailing Address: 820 Old Atascocita Road Suite No.B1dg.No.: City: Huffman State: TX ZIP Code: 77336 4. Phone No.: (281 ) 324-3264 Extension: - FAX No. 281-324-1304 E-mail Address: anna@triplebservices.com 6. Type of Operator: 0 Individual El Sole Proprietorship-D.B.A. Partnership Corporation Federal Government El State Government County Government City Government Other: 7. Independent Operator: U Yes 1 No (If governmental entity or a subsidiary or part of a larger corporation, check "NO") 8. Number of Employees• E3 0-20; 1 21-100. 0. 101-250; 0 251-500; or 0 501 or higher 9. Business State Tax and Franchise Filing Tax Numbers ID Number: (not applicable 800041825 to Individuals, Government, Federal General Tax ID: 760507104 Partnerships, and Sole Proprietorship-D.B.A): TX SOS Charter (filing) Number: DUNS Number: 948621933 (If known) a ., B. BILLING ADDRESS (The Operator is responsible for paying the annual fee.) ✓ Same As Operator (check if address is the same, then proceed with Section C.) 1. Billing Mailing Address: Suite No.B1dg.No.: City: State: ZIP Code: 2. Billing Contact (Attn or C/0): 3. Country Mailing Information (if outside USA) Territory: Country Code: Postal Code: 4. Phone No.: ( ) - Extension: FAX No. E-mail Address: TCEQ-20022 (07/12/2004) Page 1 of 3 C. APPLICATION CONTACT (If TCEQ needs additional information regarding this application, who should be contacted? 1. Name. Anna Norman Title: Project Coordinator Company: Triple B Services, L.L.P. 2. Phone No.: (281 ) 324 - 3264 Extension: FAX No. 281-324-1304 E-mail Address: anna@triplebservices.com D REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE 1. TCEQ Issued RE Reference Number (RN) (if available): 2. Name of Project or Site: Corrigan Subdivision Detention Pond 3. Physical Address of Project or Site: (enter in spaces below) Street Number: Street Name: Intersection of Hatfeld Rd and Rd. Fite City (nearest Pearland to the site): ZIP Code 77581 (nearest to the site): County (Counties if>1): Brazoria 4. (Ex.: If no West 2 physical miles of intersection address west from (Street intersection of Hatfield Number of Road & Street Hwy 290 and Name), & I1135 provide on Road Hwy a written 290 South) - project location site access is on the description corner that of intersection can be used for locating the site: Fite 5. Latitude: 29 33' 5" N Longitude: 95 15' 20" W 6. Standard Industrial Classification (SIC) code: 1623 7. Describe Construction the activity of Detention related to the need Pond for for this authorization Corrigan Subdivision at this site (do not repeat the SIC and NAICS code): Is If the Yes project/site you must located obtain on authorization Indian Country through Lands? Region Yes VI. ilk` No ! EPA, E. SITE MAILING ADDRESS (address for receiving mail at the site) Same As Operator (check if address is the same, then proceed with Section F.) Mailing Address: Suite No.B1dg.No.: City: State: IZIP Code: F. GENERAL CHARACTERISTICS 1. Has If No, a Pollution coverage Prevention may be denied Plan as been the prepared PPP is required as required at the in the time general the NOI permits is submitted Yes to TCEQ. No 2. Provide the estimated area of land disturbed (to the nearest acre): 11.7 Acres 1 3. Provide water MS4 runoff Operator: the name will of flow the from receiving water the construction body (local site. Receiving stream, Water lake, Body. drainage Marys ditch), MS4 Creek Operator (if applicable) and Segment: the segment number where storm TCEQ-20022 (07/12/2004) Page 2 of 3 CERTIFICATION I Keith Burke Typed or printed name Managing Partner Title (Required) certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign and submit this document, and can provide documentation in proof of,such authorization upon request. Signature: (Use Blue Ink) Date: A I21Dq TCEQ-20022 (07/12/2004) Page 3 of 3 N H 0) co ri 0 0 00 J n Ju°o tel gmme g co Sr-. 41M Ca do� Q.p N 1- i N l immao U oo O oo 0cn 1... o d o kUP.� oo 000 M 00 • 0- N 0) co ger 0 O 00 O O 0 0 0 O 0 0 q Texas Commission on Environmental Quality General Permit Payment Submittal Form Use this form to submit your Application Fee. • Complete items 1 through 4 below: • Staple your check in the space provided at the bottom of this document. *Do not mail this form with your NOI form. • Do not mail this form to the same address as your NOI. Instead, mail this form and your check to: BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 P.O Box 13088 Austin, TX 78711-3088 Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 12100 Park 35 Circle Austin TX 78753 To confirm receipt of payment, call the Cashier's office at 512/239- 0357 or 239-0187. Fee Code: GPA General Permit: TXR150000 1. Check / Money Order No: 18912 2. Amount of Check/Money Order: $100.00 3. Date of Check or Money Order: 09/08/04 4. Name on Check or Money Order: Triple B Services, L.L.P. 5. NOI INFORMATION °the check is for more than one NOI, list each Project/Site (RE) Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A „OPY OF THE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. ■ See Attached List of Sites (If more space is needed, you may attach a list) Project/Site (RE) Name: Corrigan Subdivision Detention Pond Project/Site (RE) Physical Address: Intersection of Hatfield Road and Fite Road Staple Check In This Space TCEQ-20134 (07/12/2004) Page 1 of 1 Did you complete everything? Use this checklist to be sure! Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. Have you also mailed your check and Payment Submittal Form to the Cashier's office? Go to the end of this document for the Payment Submittal Form. Customer GP TXR150000 Notice of Intent Checklist ,f This under checklist the general is for use permit. by the (See operator NOI to ensure Process description a complete in the application. Instructions) Missing information may result in denial of coverage 7 Application Fee was sent to TCEQ's Financial Administration and the check information is listed. OPERATOR d INFORMATION - Confirm each item is complete: 12 Customer Number issued by TCEQ Central Registry (if you have it) Legal Name as filed to do business in Texas (Call TX SOS 512/463-5555) ✓ Operator Mailing Address is complete & verifiable with USPS. www.usns.com 0 Phone Numbers/E-mail SI Type of Operator (Entity Type) ✓ Independent Operator ✓ Number of Employees IR For Corporations or Limited Partnerships - Tax and Filing numbers Billing Address is complete & verifiable with USPS. www.usps com - I - Application Contact - a contact person for TCEQ to call is listed REGULATED ENTITY (RE) INFORMATION - Confirm each item is complete: d ❑ Regulated Entity Reference Number (RN) (if you have it) 12 Site/Project Name/Regulated Entity 21 Site/Project (RE) Physical Address Please do not use a rural route or post office box for a site location SI Latitude and Longitude http://www tnrcc.state.tx.us/gis/drgview.html or www.terraserver.microsoft.com/advfind.aspx. o Standard Industrial Classification (SIC) code http://www osha.aov/oshstats/sicser.html and business description 0 Indian Country Lands - your answer was NO ✓ Site Mailing Address (checked same as operator or gave a complete & verifiable with USPS. www.usns.com GENERAL •1 CHARACTERISTICS - Confirm each item is complete: Pollution Prevention Plan (PPP) must be "Yes" fil Area of Land Disturbed (nearest acre) El MS4 Operator, Receiving Water Body or Segment 1 CERTIFICATION Signature meets 30 Texas Administrative Code (TAC) §305.44 and is original. TCEQ-20022-Customer Checklist (07/12/2004) Pagel of 1 CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond ATTACHMENT 1 Completing the Notice of Intent for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) A. Construction Site Operator Information Check boxes and Customer Reference Number These boxes designate the operator's status as a TCEQ "customer —in other words, an individual or business that is involved in an activity that we regulate. We assign each customer a number that begins with "CN," followed by nine digits. This Is not a permit number, registration number, or license number. In the remainder of this section, we will use 'this customer' to mean the operator for Part A of the form. • If this customer has not been assigned a Customer Reference Number, check "New" and leave the space for the Customer Reference Number blank. • If this customer has already been assigned this number, enter the operator's Customer Reference Number and: • Check "No Change' If all the remaining customer Information is the same as previously reported. However, you must still complete most blanks in this form for this notice of intent to be valid. • if this customer's information has changed since the last time It was reported to the TCEQ, check neither box and complete the remainder of this notice of Intent ▪ Do not enters permit number, registration number, or license number In place of the Customer Reference Number. Name Enter the Legal name of this customer as authorized to do business in Texas. Include any abbreviations (LLC, Inc., etc ) Mailing Address Enter a central and general mailing address for this customer to receive mail from the TCEQ, For example, if this customer is a large company, this address might be the corporate or regional headquarters. On the other hand, for a smaller business, this address could be the same as the site address. If this Is a street address, please follow US Postal Service standards. In brief, these standards require this information in this order: • the "house" number —for example. the 1401 In 1401 Main St • if there is a direction before the street name, the one- or two• letter abbreviation of that direction (N, S, E, W, NE, SE, SW, or NW) • the street name (if a numbered street, do not spell out the number —for example, 6th St, not Sixth St) • an appropriate abbreviation of the type of street —for example, St, Ave, Blvd, Fury, Exwy, Hwy, Cr, et, Ln • if there is a direction after the street name, the one. or two -letter abbreviation of that direction (N, S, E, W, NE, SE. SW, or NW) • if there is a room number, suite number, or company mall code City, State, and ZIP Code Enter the name date city, the two -letter USPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 If you know it.) Country Mailing information If this address is outside the United States, enter the territory name, country code, and any non -ZIP mailing codes or other non-U.S. Postal Service features here. If this address is inside the United States, Leave these spaces blank. Phone Number end Extension This number should correspond to this customer's mailing address given earlier. Enter the area code and phone number here. Leave "Extension" blank If this customers phone system lacks this feature. Fax Number This number should correspond to this customer's mailing address given earlier. Enter the area code and fax number here. E-mall Address As with the mailing address, this should be a general address that is appropriate for e-mail to this customer's central or regional headquarters, if applicable. I/ "No Change" was checked for this customer, you may skip the rest of the fields in this part of the form and continue to the next pan of the NOL • TCEQ-20022•Insiructions (09/02) Type of Operator chock.. if this customer... Individual is a person and has not established a business to do whatever causes them to be regulated by us. Sole Proprietorship— 0,0,A. is a business that is owned by only one person and has not been incorporated. This business may: • be under the porsorfs name • have its own name ("doing business as." or d.b.a.) • have any number of employees Partnership is a business that is established as a partnersNp as defined by the Texas Secretary of states Oaice. Corporation meets all of these conditions: • is a legalty Incorporated entity under the laws of any state or country • Is recognized as a corporation by the Texas Secretary of State • has proper operating authority to operate in Texas. Federal, state, county, or city government (as appropriate) Is either an agency of one at these levels of government or the governmental body itself (If a utility disgonegovernment, trct councill of governments, or river Y. cheek "Other and w,5to in the specific type of government.) Other fits none of ibe above descriptions. Enter a short description of the type of customer in the blank provided, ndependent Operator? Check "No" if thls customer Is a subsidiary or part of a larger company. Otherwise, check "Yes." Number of Employees Check one box to show the number of employees for this customer's entire company, at all locations. This is not necessarily the number of employees at the site named in this NOI. Federal Tax ID All businesses, except for some small sole proprietors, should have a federal taxpayer 'dentition ion number (TIN). Enter this number here. Use no prefixes, dashes, or hyphens. If you do not have a TIN because you are an individual or a small so e proprietor, enter your Social Security number here. individuals and sole proprietors do not need to provide a federal tax ID. State Franchise Tax ID Corporations and limited iiability companies that operate In Texas are issued a franchise tax Identification number. If this customer is a corporation or limited liability company, enter thls number here. DUNS Number Most businesses have a DUNS (Data Universal Numbering System) number issued by Dun and Bradstreet Corp. If this customer has one, enter it here B. Billing Address We will mail the annual fee invoice for this site to the address entered in this section. Name Enter the legal name of the person or business to which we should mail this sites fee invoice each year. Mailing Address Enter the specific mailing address to which we should mail this site's fee Invoice each year. If this is a street address, please follow the US Postal Service standards as described under "A. Construction Site Operator Information" on page 1 of these instructions. City, State, andZlP Code Enter the name of the city, the two•letter USPS abbreviation for the slate (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) Page 1 of 2 Project No. 052511256.0004 01565 ® Page 7 of 16 TPDES REQUIREMENTS CITY OF PEARLAND Comgan Subdivision Drainage Improvements Contract No 2 Detention Pond ATTACHMENT 1 Country Mailing Information If this address is outside tho United Status, enter the territory namo, country code, and any non•ZIP mailing codes or other non-U.S. Postal Service features here. If this address is inside the United States, Leave these spaces blank. C. Project / Site Information Check boxes and Regulated Entity Reference Number These boxes designate this site's status as a TCEQ "regulated entity" —in other words, a location where an activity that we regulate occurs. We assign each regulated entity a number that begins with "RN' followed by nine digits. This it not a permit number, registration number, or license number. is If this site has not been assigned a Regulated Entity Reference Number, check "New' and leave the space for the Regulated Entity Reference Number blank. If this site has already been assigned this number, enter the Regulated Entity Reference Number and: • Check "No Change" if all the remaining information is the same as previously reported. However, even if there has been no change, you must complete This section at least through "E-mall Address' for this NOI to be valid. • If this site's information has changed since the last time it was reported to the TCEQ, check neither box and complete the remainder of this notice of fntenL Do not enter a permit number, registration number, or license number In place of the Regulated Entity Reference Number, • n Name Enter the name by which you want this site to be known to the TCEQ. Mailing Address Enter the specific mailing address for this site. It this is a street address, please follow the US Postal Service standards as described under "A. Construction Site Operator Information" on page 1 of these instructions. City, State, anrfZlP Cade Enter the name of the city, the two.tetter LISPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) Physical Address Enter the physical address of the site itself. TCEQ staff should be able to use this address to find the site. City, County, and ZIP Code Enter the name of the city, the county, and the ZIP Code. (Enter the full ZIP+4 if you know it.) Location Access Description Enter a physical description of the location of the site based on highway intersections and/or permanent landmarks. Latitude and Longitude Enter the latitude and longitude of the site in either degrees, minutes, and seconds or decimal form. For help obtaining the latitude and longitude, go to: http:/lwww"tnrcc,state,tx,uslgrsldrgview,html Standard Industrial Classification (SIC) Code and Activity Description Provide the $IC code that best describes the construction activity being conducted at the site. For help with SIC codes, go to: http:llwww,asha.govioshstatslsicser.html In addition to the SIC code, you must also provide a description of the construction activity being conducted at the site. This may include such descriptions as: "Apartment Melding Construction" or "Shopping Center Construction." Storm Water Pollution Prevention Plan This plan Identifies the areas and activties that could produce contaminated runoff at your site and then tells how you will ensure that this contamination is mitigated. For example, in describing your mitigation measures, your site's plan might identity the devices that collect end filter storm water, tell how those devices are to be maintained, and tell how frequently that maintenance is to be carried out. You must develop this plan before you complete this NOL This plan must be available for a TCEQ investigator to review on request. Specific requirements for the TCEQ-20022•Insiructions (09/02) development of the plan can be found in the Texas Pollutant Discharge Elimination Syslorn Conslmotlon General Perm!, (TXR150000). Estimated Area of Lend Disturbed Provide the approximate number of acres that the construction site will disturb. "Disturb' means any clearing, grading, excavating, or other similar activities. Is the site located on Indian Country Lands? Check "Yes" only if the site Is on a reservation or other areas designated by the federal government as Indian Country Lands. IF not, check "No." Destination of Storm Water Discharge The storm water from your site eventually reaches a receiving wafer body such as a local scream or lake, possibly via a drainage ditch. The discharge may initially be into a municipal separate storm sewer system (MS4). Check the appropriate boxes for whether storm water is discharged Into an MS4, If you checked "Yes" to "An MS47, then enter the name of the entity that operates the storm sewer --often a city, town, or utility district, but possibly another form of government. You must also provide the name of the water body that receives the discharge from the construction site (a local stream or fake). Storm water may be discharged directly to a receiving stream or via a storm sewer system. If known, please include the segment number if the discharge is to a classified water body. For a map that includes segment numbers, go to: http:liwww.tnrec,state,tx.uslwaterlquAilty/dataindex.html 0. Contact Give all the relevant information for the person whom TCEQ can contact if there are questions about any of the information on this form —perhaps the same person who completed the form. E. Payment Information Provide the number and name from the check or money order used to pay the $100 application fee. F. Certification The operator must sign and date this statement to validate this NOI, Be sure to enter the fun legal name of the person signing the form and the relevant title —for example, "Operator; "Operator's attorney,` or "Senior Site Manager." Use the "Prefix` blank for such titles as Dr., Mr., or Ms., as desired. Use the 'Suffix' blank for such designations as Ph.D., Jr., Sr., ill, or J.D., if applicable. For a corporation. the application shall be signed by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $26 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedural. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positrons rather then to specific individuals. For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official, For purposes of this application, a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. regional administrator of the United States Environmental Protection Agency). Questions? If you have questions about any of the information on this form, contact our Storm Water Program at 512r239.4671 or look for "Storm Water" on our Web site: www.tcaq.state.tx. us Page 2 of 2 Project No. 052511256.0004 01565 — Page 8 of 16 TPDES REQUIREMENTS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond ATTACHMENT 2 CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.D.2 of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from construction sites Additional information regarding the TCEQ storm water permit program may be found on the interne at: www.tnrcc state.tx.us/permitting/waterperm/wwperm/tpdes.html Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized) Location of Storm Water Pollution Prevention Plan: For Construction Sites Authorized Under Part II.D.2. (Obtaining Authorization to Discharge) the following certification must be completed: (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.D.2 of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan has been developed and implemented according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. I Signature and Title Date Project No. 052511256.0004 01565 — Page 9 of 16 TPDES REQUIREMENTS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond ATTACHMENT 3 TPDES OPERATOR'S INFORMATION Owner's Name and Address: City of Pearland Contractor's Names and Addresses: General Contractor: Site Superintendent: Telephone: Telephone: Erosion Control and Maintenance Inspection: Telephone: S ubcontractor's Names and Addresses: Mr. Joe Wertz Project Director P roject Director 3519 Liberty Drive P earland, Texas 77581 281-652-1600 P hone: Phone: N ote: Insert name, address, and telephone number of persons or firms. Project No. 052511256.0004 01565 -- Page 10 of 16 TPDES REQUIREMENTS Corrigan Subdivision Drainage Improvements Contract No. 2 CITY OF PEARLAND Detention Pond ATTACHMENT 4 CONTRACTOR'S / SUBCONTRACTOR'S CERTIFICATION FOR TPDES PERMITTING I certify under penalty of law that I understand the terms and conditions of TPDES General P ermit No. TXR150000 and the Storm Water Pollution Prevention Plan for the construction site identified as part of this certification. S ignature: N ame. (printed or typed) Title: Company: Address: Date: S ignature: N ame: (printed or typed) Title: Company: Address: Date: S ignature: N ame: (printed or typed) Title: Company: Address: Date: Project No. 052511256.0004 REQUIREMENTS 01565 — Page 11 of 16 TPDES CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond ATTACHMENT 5 EPA NPDES Construction Inspection Form The fel towing inspection is being performed in compliance with Pan 1 V.D.4. of the NPDL•S Region 6 Storm Water Construction General Permit (63,[e4. ft. 36302) and being retained in accordance with Pan V of the Permit, Qualified personnel (provided by the pennitee or cooperativcly by multiple pennittees) shall inspect disturbed arias of the construction site that havo not been finally stabilized, areas used for storage of materials that are exposed to precipitation, placement and effectiveness or structural control measures, and locations where vehicles enter or exit the she. Inspections shall be pertot tted at least once every 14 days and within 24 hours oldie end ofa storm event oro.5 inches or grunter. Where sites have been temporarily stabilized, runoff is unlikely due to winter conditions, or during seasonal arid periods in arid areas (0-10 inches of rainfall anmutlly) and semiarid areas (10-20 inches annually) such inspections shall be conducted at least once every month. This Conti is primarily intended for use. with constmetion projects in Texas and New Mexico. Penninces on Indian Country lands in Oklahoma, Louisiana and Arkansoas and some oil and ps facilities in Oklahoma may use this fon» if they are eligible rot- this tennit. Other facilities »read to cheek with their NPDES authority before using this forth. Ifyou do not know your NPDES Pennit Number, contact the NOI ProcessingCenterat (301)495.4145. This form was prepared as an example and it is not a aquircd limn for use with the permit. Alternative forms may be used if they contain all of the reunited infonnation as set forth hi the permit. This fonu and additional information regarding the NPDES Region 6 storm water programs may he found on the Internet at hum;/,'www.epa.uoe/tepioailsvt. Any person with a complaint about the operation 0 "this facility in regards to this permit sl cold contact EPA Regio t 6 at (214)665.7112, Permit Number(s) covered by this inspection (e.g. owners, developers, general contractor, builders) Signature and Certification in accordance with .Part VLG of the permit: I certify under penalty of law that this document and all attachments wort) prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the infonnation submitted. Eased on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the infonnation submitted is, to the hest of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility of fine and imprisonment for knowing violations. Signature Date Date of hlspection Inspector "Name Is there a copy of the permit language with the SWPPP? • YES • NO Is the inspector qualified and are the qualifications documented in the SWPPP? * YES • NO Is an NPDES storm water construction sign posted at the entrance for all permittees? YES • NO Yon may want to use EPA Region 6 construction checkti t to assure components of the SWPPP are com fletc. This form, the construction sign, and the checklist an: avr itabte on the Region 6 NPDES S ern Water Forms and Documents web page w tick may be found on the interne' at http;//www.cnn.govienrth I r6i6cuJw/fornnsw.hnn In addition to the checklist, you should provide a namttivc (see next page) on the existing nest Management Practices and Structural Controls found during each inspection. Any problems identified in an inspection should be corrected within 7 days. The inspection should cover all components of the SWPPP and all potential pollutants. While eroded soil is the primary pollutant of concern, do not forget to inspect for other pollutant so trees such as fuel tanks, paints, solvents, stabilization materials, concrete Wainer, batch plants, and construction debris. The inspector will need to update the SWPPP to reflect findings of the inspection. The site map should be updated utter an inspection to show controls that have been added or removed, to ensure the site mop is kept current in accordance with Port I V,C. of the permit. Revision 4, March 1, 2000 Project No. 052511256.0004 01565— Page 12ofl6 TPDES REQUIREMENTS CITY OF PEARLAND Corngan Subdivision Drainage Improvements Contract No. 2 Detention Pond ATTACHMENT 5 NaUTative Findings of the inspection: Observations should include any findings of Best Management Practices or controls that are not in accordance with the SWPPP. If a control is not in place or failed, observe the reason why. A control removed temporarily for work is not necessarily a violation if properly recorded in the SWPPP. If it has been removed, record why it was removed and if applicable, when it will be reinstalled. If the control has failed, observe the conditions so a conclusion may be made as to wether the control failed for improper maintenance or improper design. The qualified inspector will know when a failed control is inadequate and should be replaced by an improved control mechanism. Qualified inspectors are to have authority to make changes to the SWPPP to assure compliance. Controls that have not been installed should bo given n reason why they are not installed and/or a scheduled date for installation if they are designed for n Inter phase of construction. After the inspection the SWPPP and its site map should he updated to reflect current conditions of controls and Best Management Practices at the time of the inspection. This includes removing uninstalled controls from the site map or otherwise denoting on the site map if they are no longer installed tribe controls have been removed because they are no longer necessary (e.g. stabilization has been achieved in that arca). Revision 4, March 1, 2000 Project No. 052511256.0004 01565 — Page 13 of 16 TPDES REQUIREMENTS CITY OF PEARLAND Comgan Subdivision Drainage Improvements Contract No. 2 Detention Pond ATTACHMENT 6 Notice of Termination (NOT) for Storm _ ma Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) TCEQ TCEQ Office Use Only TPDES Permit Number: TXR15•• •___•• ••- NO GIN Number •• •• •• •• •• •• •• •• For help completing this application, read the TXR150000 NOI instructions (TCEQ-20023-Instructions). A. TPDES Permit Number: TXR15 B. Construction Site Operator Name' Mailing Address: City State: — Zip Code: Country Mailing Information (if outside USA) Territory: Country Code: Postal Code; Phone Number Extension: Fax Number: E-mail Address: Customer Reference Number: CN C. Project / Site Information Name: Physical Address: Location Access Description: City: County; -- Zip Code: Regulated Entity Reference Number: RN D. Contact - If the TCEQ needs additional information regarding this termination, who should be contacted? Name: Title: Phone Number: Extension:. Fax Number: E-mail Address: E. Certification I certify under penalty of law that authorization under the TPDES Construction General Permit (TXR150000) is no longer necessary based on the provisions of the general permit. I understand that by submitting this Notice of Tennination, I am no longer authorized to discharge storm water associated with construction activity under the general permit TXR150000, and that discharging pollutants in storm water associated with construction activity to waters of the U S, is unlawful under the Clean Water Act where the discharge is not authorized by a TPDES permit I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or the Clean Water Act. Construction Site Operator Representative: Prefix: First; Middle: Last Suffix: Title; Signature: Date: If you have questions on how to fill out this form or about the storm water program, please contact us et (512) 239-4671. Individuals are entitled to request and review their personal information that the agency gathers an its forms. They may also have any errors in their information corrected. To review such information, contact us at (512) 239-3282. The completed NOT must be mailed to the following address: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC - 228 P.O. Box 13087 Austin, Texas 78711-3087 TCEQ - 20023 (02103) Page 1. of 1 Project No. 052511256.0004 01565 — Page 14 of 16 TPDFS REQUIREMENTS CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond ATTACHMENT 6 Completing the Notice of Termination for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) Who May File a Notice of Termination (NOT) Form Permitlees disturbing 5 acres or more (or part of a larger common plan of development or sale disturbing 5 acres or more) who are presently covered under the Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit must submit a Notice of Termination (NOT) when final stabilization has been achieved an all portions of the site that is the responsibility of the permittee• or another permitted operator has assumed control over all areas of the site that have not been finally stabilized and all silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3, or transferred to a new operator if the new operator has sought permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. Final Stabilization occurs when either of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or goetextiles) have been employed. (b) For individual lots in a residential construction site by either (1) the homebulider completing final stabilization as specified in condition (a) above; or (2) the homebulider establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. (o) For construction activities on land used for agricultural purposes (e.g. pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above. A. TPDES Permit Number Provide the TPDES permit number assigned to the operator of the construction site. TCEQ-20023-Instructions (09102) B. Construction Site Operator Information Customer Reference Number This number designates the operator's status as a TCEQ "customer" —in other words, an individual or business that is involved in an activity that we regulate, We assign each customer a number that begins with "ON,' followed by nine digits. This is not a permit number, registration number, or license number. In the remainder of this section, we will use "this customer' to mean the operator for Part B of the form, ■ If this customer has not been assigned a Customer Reference Number, leave the space for the Customer Reference Number blank. If this customer has already been assigned this n umber, enter the operator's Customer Reference Number. Do not enter a permit number, registration number, or license number in place of the Customer Reference Number. ■ Name Enter the legal name of this customer as authorized to do business in Texas. Include any abbreviations (LLC Inc , etc.) Mailing Address Enter a central and general mailing address for this customer to receive mail from the TCEQ. For example, if this customer is a large company, this address might be the corporate or regional headquarters. On the other hand, for a smaller business, this address could be the same as the site address, If this is a street address, please follow US Postal Service standards. In brief, these standards require this information In this order: the "house" number —for example, the 1401 in 1401 Main St if there is a direction before the street name, the one- or two -letter abbreviation of that direction (N S, E, W, NE SE, SW, or NW) • the street name (if a numbered street, do not spell out the number —for example, eth St, not Sixth St) an appropriate abbreviation of the type of street ---for example, St, Ave, Blvd, Fwy, Exwy, Hwy, Cr, Ct, Ln if there is a direction after the street name, the one - or two -letter abbreviation of that direction (N, S, E, W, NE, SE, SW, or NW) • if there is a room number, suite number, or company mail code City, State, and ZIP Code Enter the name of the city the two -letter USPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) ■ r Page 1 of 2 Project No. 052511256.0004 01565 — Page 15 of 16 TPDES REQUIREMENTS CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 2 Detention Pond ATTACHMENT 6 Country Mailing Information If this address is outside the United States, enter the territory name, country code, and any non -ZIP mailing codes or other non—U.S. Postal Service features here. If this address is inside the United States, leave these spaces blank. Phone Number and Extension This number should correspond to this customer's mailing address given earlier. Enter the area code and phone number here. Leave "Extension" blank if this customer's phone system lacks this feature. Fax Number This number should correspond to this customer's mailing address given earlier. Enter the area code and fax number here, E-mail Address As with the mailing address, this should be a general address that is appropriate for e-mail to this customer's central or regional headquarters, if applicable. C. Project / Site information Regulated Entity Reference Number This number designates this site's status as a TCEQ "regulated entity" —In other words, a location where an activity that we regulate occurs. We assign each regulated entity a number that begins with "RN," followed by nine digits. This is not a permit number registration number, or license number. r If this site has not been assigned a Regulated Entity Reference Number, leave the space for the Regulated Entity Reference Number blank. If this site has already been assigned this number, enter the Regulated Entity Reference Number, Do not enter a permit number, registration number, or license number in place of the Regulated Entity Reference Number. r ■ Name Enter the name by which you want this site to be known to the TCEQ. Physical Address Enter the physical address of the site itself TCEQ staff should be able to use this address to find the site. Location Description Enter a physical description of the location of the site based on highway intersections and/or permanent landmarks. City, County, and ZIP Code Enter the name of the city, the county, and the ZIP Code. (Enter the full ZIP+4 if you know it.) D. Contact Give all the relevant information for the person whom TCEQ can contact If there are questions about any of the information on this form —perhaps the same person who completed the form. TCEQ-20023•Instructions (09/02) E Certification The operator must sign and date this statement to validate this NOI Be sure to enter the full legal name of the person signing the form and the relevant title —for example 'Operator," "Operator's attorney," or "Senior Site Manager? Use the "Prefix" blank for such titles as Dr., Mr., or Ms., as desired. Use the "Suffix" blank for such designations as Ph.D., Jr„ Sr., III, or J.D., if applicable, For a corporation, the application shall be signed by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 525 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. For a partnership or sole proprietorship the application shall be signed by a general partner or the proprietor, respective y. For a mun cleality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official For purposes of this application a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. regional administrator of the United States Environmental Protection Agency). Questions? If you have questions about any of the information on this form, contact our Storm Water Program at 512/2394671 or look for "Storm Water" on our Web site: www.tceq.state.tx.us Page 2 of 2 Project No. 052511256.0004 01565 — Page 16 of 16 TPDES REQUIREMENTS CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION SECTION 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES Description of erosion and sediment control and other control -related practices which shall be utilized during construction activities. 1.02 UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed under this Section Include cost of work performed under this Section in pay items of which this work is a component. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than site work specifically directed by the ENGINEER to allow soil testing and surveying B. Equipment and vehicles shall be prohibited by the CONTRACTOR from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the CONTRACTOR. C. The CONTRACTOR shall be responsible for collecting, storing, hauling and disposing of spoil, silt and waste materials as specified in this or other Specifications and in compliance with applicable federal, state, and local rules and regulations. D. CONTRACTOR shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Drawings and this Specification. E The CONTRACTOR shall install, maintain, and inspect erosion and sediment control measures and practices as specified in the Drawings and in this or other Specifications 04/00 01566 - 1 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3.02 TOPSOIL PLACEMENT FOR EROSION AND SEDIMENT CONTROL SYSTEMS When topsoil is specified as a component of another Specification, the CONTRACTOR shall conduct erosion control practices described in this Specification during topsoil placement operations. 1. When placing topsoil, maintain erosion and sediment control systems, such as swales, grade stabilization structures, berms, dikes, silt fences, and sediment basins. 2. Maintain grades which have been previously established on areas to receive topsoil. 3. After the areas to receive topsoil have been brought to grade, and immediately prior to dumping and spreading the topsoil, loosen the subgrade by discing or by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to the subsoil. 3.03 DUST CONTROL A. Implement dust control methods to control dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on -site and off -site damage, to prevent health hazards, and to improve traffic safety. B. Control blowing dust by using one or more of the following methods: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 5. Barriers using solid board fences, burlap fences, crate walls, bales of hay, or similar materials. C. Implement dust control methods immediately whenever dust can be observed blowing on the project site. 3.04 KEEPING STREETS CLEAN A. Keep streets clean of construction debris and mud carried by construction vehicles and equipment If necessary to keep the streets clean, install stabilized construction exits at construction, staging, storage and disposal areas. A vehicle/equipment wash area (stabilized with coarse aggregate) may be installed adjacent to the stabilized construction exit, as needed. Release wash water into a drainage swale or inlet protected by erosion and sediment control measures Construction exit and wash areas are specified in Section 01550 — Stabilized Construction Exit. B. In lieu of or in addition to stabilized construction exits shovel or sweep the pavement to the extent necessary to keep the street clean. Waterhosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 04/00 01566 - 2 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3.05 EQUIPMENT MAINTENANCE AND REPAIR A. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose Locate such areas so that oils, gasoline, grease, solvents, and other potential pollutants cannot be washed directly into receiving streams or storm water conveyance systems. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. Clean and inspect maintenance areas daily. B. On a construction site where designated equipment maintenance areas are not feasible, take precautions during each individual repair or maintenance operation to prevent potential pollutants from washing into streams or conveyance systems. Provide temporary waste disposal receptacles. 3.06 WASTE COLLECTION AND DISPOSAL A. CONTRACTOR shall formulate and implement a plan for the collection and disposal of waste materials on the construction site. In plan designate locations for trash and waste receptacles and establish a collection schedule. Methods for ultimate disposal of waste shall be specified and carried out in accordance with applicable local, state and federal health and safety regulations. Make special provisions for the collection and disposal of liquid wastes and toxic or hazardous materials. B. Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day-to-day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff 3.07 WASHING AREAS Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Designate special areas for washing vehicles Locate these areas where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin Beneath wash areas construct a gravel or rock base to minimize mud production. 3.08 STORAGE OF CONSTRUCTION MATERIALS AND CHEMICALS A. Isolate sites where chemicals, cements, solvents paints, or other potential water pollutants are stored in areas where they will not cause runoff pollution. B. Store toxic chemicals and materials, such as pesticides, paints, and acids in accordance with manufacturers' guidelines Protect groundwater resources from leaching by placing a plastic mat, packed clay, tar paper, or other impervious materials on any areas where toxic liquids are to be opened and stored. 3.09 DEMOLITION AREAS Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other toxic pollutants shall use dust control techniques to limit transport of 04/00 01566 - 3 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION airborne pollutants However, water or slurry used to control dust contaminated with heavy metals or toxic pollutants shall be retained on the site and shall not be allowed to run directly into watercourses or storm water conveyance systems. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.10 SANITARY FACILITIES Provide the construction sites with adequate portable toilets for workers in accordance with Section 01500 — Temporary Facilities and Controls and applicable health regulations. 3.11 PESTICIDES Use and store pesticides during construction in accordance with manufacturers' guidelines and with local state, and federal regulations. Avoid overuse of pesticides which could produce contaminated runoff. Take great care to prevent accidental spillage Never wash pesticide containers in or near flowing streams or storm water conveyance systems. END OF SECTION 04/00 01566 - 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM SECTION 01570 TRENCH SAFETY SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES A. Trench safety system for the construction of trench excavations. B. Trench safety system for structural excavations which fall under provisions of State and Federal trench safety laws 1.02 UNIT PRICES A. Measurement for trench safety systems used on trench excavations is on a linear foot basis measured along the centerline of the trench, including manholes and other line structures. No separate measurement will be made of shoring systems used by the CONTRACTOR for protection unless identified as Special Shoring on the Drawings. Shoring, other than Special shoring, will be included in the trench safety system measurements. B. Measurement for Special Shoring system installations shown on the Drawings and included in the bid schedule for trench excavations, is on a square foot basis. No payment will be made for trench safety systems for structural excavations under this section. Include payment for trench safety system in applicable structure installation sections. D. Refer to Section 01200 - Measurement and Payment for unit price procedures. 1.03 DEFINITIONS A. A trench is defined as a narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet B. The trench safety system requirements apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and the installation to dimensions equivalent to a trench as defined. C. Trench Safety Systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields slide rail systems, sheet piling cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. 1. Protective Systems. A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. 04/00 01570 - 1 CITY OF PEARLAND TRENCH SAFETY SYSTEM 2. Shoring System: A structure that supports the sides of an excavation and which is designed to prevent cave-ins, or to prevent movements of the ground affecting adjacent installations or improvements. 3. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Drawings. 1.04 SUBMITTALS A. Submittals shall conform to requirements of Section 01350 - Submittals. B. Submit a safety program specifically for the construction of trench excavation. Design the trench safety program to be in accordance with OSHA 29CFR standards governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Drawings. C. Have construction and shop drawings for trench safety systems sealed as required by OSHA by a licensed Professional ENGINEER retained and paid by the CONTRACTOR. D. Review of the safety program by the ENGINEER will only be in regard to compliance with the Contract Documents and will not constitute approval by the ENGINEER nor relieve CONTRACTOR of obligations under State and Federal trench safety laws. 1.05 REGULATORY REQUIREMENTS A. Install and maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring Federal Occupation Safety and Health Administration (OSHA) Standards 29CFR, Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol 54, No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these specifications by reference include Sections 1926-650 through 1926-652. B. A reproduction of the OSHA standards included in "Subpart P — Excavations" from the Federal Register Vol. 54, No. 209 is available upon request to CONTRACTORS bidding on OWNER's projects The OWNER assumes no responsibility for the accuracy of the reproduction. The CONTRACTOR is responsible for obtaining a copy of this section of the Federal Register. C. Legislation that has been enacted by the Texas Legislature with regard to Trench Safety Systems, is hereby incorporated, by reference, into these specifications. Refer to Texas Health and Safety Code Ann. §756.021 (Vernon 1991). 04/00 01570 - 2 CITY OF PEARLAND TRENCH SAFETY SYSTEM D. Reference materials, if developed for a specific project, will be issued with the Bid Documents, including the following: 1. Geotechnical information obtained for use in design of the trench safety system. 2. Special Shoring Requirements. 1.06 INDEMNIFICATION A. CONTRACTOR shall indemnify and hold harmless the OWNER, its employees, and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B. CONTRACTOR acknowledges and agrees that this indemnity provision provides indemnity for the OWNER in case the OWNER is negligent either by act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections, failures to issue stop work orders, and the hiring of the CONTRACTOR. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 INSTALLATION A. Install and maintain trench safety systems in accordance with provisions of OSHA 29CFR. B. Specially designed trench safety systems shall be installed in accordance with the CONTRACTOR' s trench excavation safety program for the locations and conditions identified in the program. Install Special Shoring at the locations shown on the Drawings. Obtain verification from a competent person, as identified in the CONTRACTOR's trench excavation safety program that trench boxes and other premanufactured systems are certified for the actual installation conditions. 3.02 INSPECTION A. Conduct daily inspections by CONTRACTOR or CONTRACTOR's independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA 29CFR and other personnel protection regulations requirements. 04/00 01570 W. 3 CITY OF PEARLAND TRENCH SAFETY SYSTEM B. If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel. C. Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the project. END OF SECTION 04/00 01570 - 4 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS SECTION 01580 PROJECT IDENTIFICATION SIGNS 1.0 GENERAL 1.01 SECTION INCLUDES A. Project identification sign description. B. Installation. C. Maintenance and removal. 1.02 UNIT PRICES A. No separate payment will be made for design, fabrication, installation, and maintenance of project identification signs under this Section. • B. If changes to project identification signs are requested by the City Engineer to keep them current, payment will be made by change order. C. Skid -mounted signs shall be relocated as directed by the City Engineer at no additional cost to the City. Post -mounted signs shall be relocated once, if directed in writing by the City Engineer, at no additional cost to the City. If a post -mounted sign is relocated more than once at the written direction of the City Engineer, payment will be made by change order. 1.03 SYSTEM DESCRIPTION A. Sign Construction: Project identification signs shall be constructed of new materials and painted new for the project. Construct post -mounted signs as shown on Construction Sign Details. B. Appearance: Project identification signs shall be maintained to present a clean and neat look throughout the project duration. C. Sign Manufacturer/Maker: Experienced as a professional sign company. D. Sign Placement: Place signs at locations as directed by the City Engineer. The City Engineer will provide sign placement instructions at the Preconstruction Meeting. 1. A linear project is one involving paving, overlay, sewer lines, stop n drainage, or water mains that run in the right-of-way over a distance. A linear project requires a project identification sign at each end of the construction site. 2. Single Site or Building Projects: Provide one project identification sign. 01580-1 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 3. Multiple Sites: Provide one project identification sign at each site. 4. Sign Relocation: As work progresses at each site, it may be necessary to move and relocate project identification signs. Relocate signs as directed in writing by the City Engineer. E Alternate Skid -mounted Sign Construction: Post -mounted signs are preferred, but skid -mounted signs are allowed, especially for projects with noncontiguous locations where work progresses from one location to another. The skid structure shall be designed so that the sign will withstand a 60-mile-per-hour wind load directly to the face or back of the sign. Use stakes, straps, or ballast. Approval of the use of skid - mounted signs shall not release the CONTRACTOR from responsibility of maintaining a project identification sign on the project site and shall not make the City responsible for the security of such signs. 1.04 SUBMITTALS A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures. B. Show content, layout, lettering style, lettering size, and colors. Make sign and lettering to scale, clearly indicating condensed lettering, if used. 2.0 PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: All sign materials shall be new. 1. Sign Posts Use 4-inch by 4-inch wood posts, 8 feet long for skid mounting and 12 feet long minimum for post hole mounting to set top of posts at 8 feet above existing grade. 2. Skid Bracing: 2-inch by 4-inch wood framing material. 3. Skid Members: 2-inch by 6-inch wood framing material. 4. Fasteners: a. Use galvanized steel fasteners. b. Use 1/2-inch by 51/2-inch button head carriage bolts to attach sign to posts and /2-inch by 3/2-inch to attach sign header to sign. Secure with nuts and flat head washers at locations shown on the detail titled Project Sign Construction. c. Cover button heads with white reflective film or paint to match sign background. 01580-2 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS B. Sign Use marine plywood minimum 1/4-inch thick. Use full-size 4-foot by 8-foot sheets for sign and a single piece for header to minimize joints; do not piece wood to fabricate a sign face. C. Paint and Primers: White paint used to prime surfaces and to resist weathering shall be an industrial grade, fast -drying, oil -based paint with gloss finish. Paint structural and framing members white on all sides and edges to resist weathering. Paint sign and sign header material white on all sides and edges to resist weathering. Paint all sign surfaces with this weather -protective paint prior to adding any sign paint or adhesive applications. D. Colors: 1. Sign Background: Sign and sign header backgrounds shall be industrial grade, reflective white. Use 3M Scotchlite Engineer Grade, Pressure Sensitive Sheeting (White), or approved equal 2. Sign Border: Add 21A-inch-wide red border along the four edges of the project sign. Do not apply the border to the sign header. For border use industrial grade reflective red. Use 3M Scotchlite Engineer Grade, Pressure Sensitive Sheeting (Red), or approved equal. 3. Sign Film. Make legends, symbols, lettering, and artwork from 3M Scotchcal Pressure Sensitive Films, or approved equal. Match colors to the following 3M Scotchcal Pressure Sensitive Films. All Lettering: Vivid Blue E City Seal and Other Logos: The City Engineer will provide seals and other logos to the CONTRACTOR as needed. 2.02 SIGN LAYOUT A. Lettering: 1. Style, Size, and Spacing: Prepare the sign using uppercase Helvetica Regular lettering of the height and spacing shown on the Drawings 2. Condensed Style* Lettering for variable text may be condensed if needed to maintain sign composition B. Composition: 1. Lines with Standard Text: Lines 1 through 9 and 13 through 15 provide the names and titles for Mayor, Council Members, City Manager, and the City Engineer. These lines will be placed exactly as shown on the Drawings with the same size and spacing as indicated. 01580-3 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 2. Lines with Variable Text: a. Line 10 gives the project name and dollar amount for project construction. The City Engineer will provide the project name and dollar amount to the CONTRACTOR for preparation of the sign. b. Line 12 is for the firm name of the project CONTRACTOR. 3. Logo for the City of Pearland: A space approximately 18 inches high by 18 inches wide shall be reserved for the City's logo in the upper left corner of the sign. The City Engineer will provide the CONTRACTOR with the logo. The logo shall be affixed to the sign by the sign maker. 3.0 EXECUTION 3.01 INSTALLATION A. Install project identification signs within seven (7) calendar days after Date of Commencement. B. Erect signs where designated by the City Engineer at the Preconstruction Meeting. Position the sign in such a manner as to be fully visible and readable to the general public. C. Erect sign level and plumb. D. If mounted on posts sink posts at least 3 feet below grade. Stabilize posts to minimize lateral motion Leave a minimum of 8 feet of post above existing grade for mounting of the sign and header. E Erect sign so that the top edge of the sign, not the sign header, is at a nominal 8 feet above existing grade. 3.02 MAINTENANCE AND REMOVAL A. Keep signs and supports clean. Repair deterioration and damage. B. Remove signs, framing, supports, and foundations to a depth of 2 feet upon completion of Project. Restore the area to a condition equal to or better than before construction. END OF SECTION 01580-4 CITY OF PEARLAND MATERIAL AND EQUIPMENT SECTION 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES Requirements for transportation, delivery, handling, and storage of materials and equipment. 1.02 PRODUCTS A. Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C. Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the project. 1.03 TRANSPORTATION A. Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B. Transport and handle products in accordance with instructions. Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the CONTRACTOR. 1.04 DELIVERY A. Arrange deliveries of products to accommodate the short term site completion schedules and in ample time to facilitate inspection prior to installation Avoid deliveries that cause lengthy storage or overburden of limited storage space. Coordinate deliveries to avoid conflict with Work and conditions at the site and to accommodate the following: 1. Work of other contractors or the City. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. City's use of premises. 04/00 01600 - 1 CITY OF PEARLAND MATERIAL AND EQUIPMENT C. Have products delivered to the site in manufacturer's original, unopened, labeled containers. D. Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.05 PRODUCT HANDLING A. Coordinate the off-loading of materials and equipment delivered to the job site. If necessary to move stored materials and equipment during construction, CONTRACTOR shall relocate materials and equipment at no additional cost to the City. B. Provide equipment and personnel necessary to handle products, including those provided by the City, by methods to prevent damage to products or packaging. C. Provide additional protection during handling as necessary to prevent breaking scraping, marring or otherwise damaging products or surrounding areas. D. Handle products by methods to prevent over bending or overstressing. E, Lift heavy components only at designated lifting points. F. Handle materials and equipment in accordance with Manufacturer's recommendations. G. Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.06 STORAGE OF MATERIAL A. Store and protect materials in accordance with manufacturer's recommendations and requirements of these Specifications. B. Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants Arrange storage in a manner to provide easy access for inspection. C. Restrict storage to areas available on the construction site for storage of material and equipment as shown on Drawings or approved by the City Engineer. 04/00 01600 - 2 CITY OF PEARLAND MATERIAL AND EQUIPMENT D. Provide off -site storage and protection when on -site storage is not adequate. E Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. F. Protect stored materials and equipment against loss or damage. G. Store in manufacturers' unopened containers. H. Materials delivered and stored along the line of the Work shall be neatly, safely, and compactly stacked along the work site in such manner as to cause the least inconvenience and damage to property owners and the general public, and shall be not closer than 3 feet to any fire hydrant. Public and private dnves and street crossings shall be kept open. I. Damage to lawns sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the City Engineer The total length which materials may be distributed along the route of construction at any one time is 1,000 lineal feet, unless otherwise approved in writing by the City Engineer. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01600 - 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.01 SECTION INCLUDES A. Options for making product or process selections. B Procedures for proposing equivalent construction products or processes, including preapproved, and approved products or processes. 1.02 DEFINITIONS A. Product: Means materials, equipment, or systems incorporated into the Project. Product does not include machinery and equipment used for production, fabrication, conveying and erection of the Work. Products may also include existing matenals or components designated for re -use. B. Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.03 SELECTIONS OPTIONS A. Preapproved Products: Construction products of certain manufacturers or suppliers are designated in the Specifications as "preapproved " Products of other manufacturers or suppliers will not be acceptable for this Project and will not be considered under the submittal process for approving alternate products. B. Approved Products: Construction products or processes of certain manufacturers or suppliers designated in the Specifications followed by the words "or approved equal." Approval of alternate products or processes not listed in the Specifications may be obtained through provisions for product options and substitutions in Document 00700 - General Conditions, and by following the submittal procedures specified in Section 01350 - Submittals. The procedure for approval of alternate products is not applicable to preapproved products. C. Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a CONTRACTOR's option, select a product that is compatible with other products already selected specified, or in use by the OWNER. 1.04 CONTRACTOR's RESPONSIBILITY A. The CONTRACTOR s responsibility related to product options and substitutions is defined in the General Conditions. B. Furnish information the ENGINEER deems necessary to judge equivalency of the alternate product. 04/00 01630 - 1 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS Pay for laboratory testing, as well as any other review or examination costs, needed to establish the equivalency between products in order to obtain information upon which the ENGINEER can base a decision. D. If the ENGINEER determines that an alternate product is not equal to that named in the Specifications, the CONTRACTOR shall furnish one of the specified products. 1.05 ENGINEER'S REVIEW A. Alternate products or processes may be used only if approved in writing by the ENGINEER. The ENGINEER's determination regarding acceptance of a proposed alternate product is final. B. Alternate products will be accepted if the product is judged by the ENGINEER to be equivalent to the specified product or to offer substantial benefit to the OWNER The OWNER retains the right to accept any product or process deemed advantageous to the OWNER, and similarly, to reject any product or process deemed not beneficial to the OWNER. 1.06 SUBSTITUTION PROCEDURE A. Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the approved product specified. B. Submit a written request for a construction product to be considered as an alternate product. C. Submit the product information after the effective date of the Agreement and within the time period allowed for substitution submittals given in the General Conditions. After the submittal period has expired requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the CONTRACTOR's control. D. Submit five (5) copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the OWNER, Architect/ENGINEER, and installing CONTRACTOR. 04/00 01630-2 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. 6. Relation to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the ENGINEER. Approved alternate products will be subject to the same review process as the specified product would have been for shop drawings, product data, and samples. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01630 - 3 CITY OF PEARLAND FIELD SURVEYING SECTION 01720 FIELD SURVEYING 1.0 GENERAL 1.01 QUALITY CONTROL Confoiin to State of Texas laws for surveys requiring licensed surveyors Employ a land surveyor acceptable to ENGINEER 1.02 SUBMITTALS A. Submit to ENGINEER the name, address, and telephone number of Surveyor before starting survey work. B. Submit documentation verifying accuracy of survey work on request. C. Submit information under provisions of Section 01350 - Submittals. 1.03 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey work as it progresses. B. Submit Record Documents under provisions of Section 01350 - Submittals. 1.04 EXAMINATION A. Verify locations of survey control points prior to starting Work. B. Notify ENGINEER immediately of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A. Control datum for survey is that established by OWNER -provided survey and indicated on Drawings. B. Locate and protect survey control points, including property corners, prior to starting site work; preserve permanent reference points during construction. C. Notify ENGINEER 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. D. Report promptly to ENGINEER the loss or destruction of any reference point. E CONTRACTOR shall reimburse OWNER for cost of reestablishment of permanent reference points disturbed by CONTRACTOR's operations. 1.06 SURVEY REQUIREMENTS A. Utilize recognized engineering survey practices. 04/00 01720 -1 CITY OF PEARLAND FIELD SURVEYING B. Establish a minimum of two (2) permanent bench marks on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C. Establish and record in survey notes elevations, lines and levels to provide quantities required for measurement and payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. D. Verify periodically layouts by same means. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01720 -2 CITY OF PEARLAND CUTTING AND PATCHING SECTION 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover work for access, inspection or testing. 1.02 CUTTING AND PATCHING A. Perform activities to avoid interference with facility operations and the Work of others in accordance with the Document 00700 - General Conditions of the Contract. B. Execute cutting and patching, including excavation, backfill and fitting to: 1. Remove and replace defective Work or Work not conforming to the Drawings and Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the ENGINEER or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues, if any, and do cutting, patching and finishing. C. Restore existing work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Specifications. D. Support, anchor, attach, match, trim and seal materials to the Work of others. Unless otherwise specified, furnish and install sleeves, inserts, hangers, required for the execution of the Work. E Provide shoring, bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting 04/00 01730 - 1 CITY OF PEARLAND CUTTING AND PATCHING beams or other structural members, anchors, lintels or other supports, request written instructions from the ENGINEER. Follow such instructions, as applicable. 1.03 SUBMITTALS A. Submit written notice to the ENGINEER requesting consent to proceed prior to cutting which may affect structural integrity or design function, OWNER operations, or work of another CONTRACTOR. B. Include the following in submittal: 1. Identification of project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. CONTRACTOR, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. C. Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the ENGINEER including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. D. Submit written notice to the ENGINEER designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the ENGINEER. 1.04 CONNECTIONS TO EXISTING FACILITIES A. Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Specifications or approved by the ENGINEER. 04/00 01730 - 2 CITY OF PEARLAND CUTTING AND PATCHING B. Coordinate with the ENGINEER, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C. Submit a detailed schedule of proposed connections, including shut -downs and tie- ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. Provide specific time and date information to the ENGINEER 48 hours in advance of proposed Work D. Procedures and Operations: 1. The CONTRACTOR may operate existing pumps valves and gates required for sequencing procedures only as directed by the ENGINEER. Do not operate any valve, gate, or other item of equipment without permission of the City and the knowledge of the ENGINEER. 2. Insofar as possible, equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility. 3. Carefully coordinate Work and schedules. Provide written notice to the ENGINEER at least 48 hours before shut -downs or by-passes are required 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01730 - 3 CITY OF PEARLAND STARTING SYSTEMS SECTION 01750 STARTING SYSTEMS 1.0 GENERAL 1.01 SECTION INCLUDES A. Starting systems. B. Demonstration and instructions. C. Testing, adjusting, and balancing. 1.02 UNIT PRICES No separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay item of which this work is a component. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 PREPARATION A. Coordinate schedule for start-up of various equipment and systems. B. Notify City Engineer seven (7) days prior to startup of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start-up under CONTRACTOR's supervision in accordance with manufacturer's instructions. G. When specified in individual specification sections, require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to and during start-up, and to supervise placing equipment or system in operation. H. Submit a written report that equipment or system has been properly installed and is functioning correctly. 04/00 01750 - 1 CITY OF PEARLAND STARTING SYSTEMS 3.02 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of products to City Engineer two (2) weeks minimum prior to date of Substantial Completion. B. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with City Engineer in detail to explain all aspects of operation and maintenance. C. Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed -upon times, at equipment location D. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction 3.03 TESTING, ADJUSTING, AND BALANCING A. City Engineer will appoint, employ, and pay for services of an independent firm to perform testing, adjusting and balancing. B. Reports will be submitted by the independent firm to the City Engineer indicating observations and results of tests and indicating compliance or non-compliance with specified requirements and with the requirements of the Contract Documents. END OF SECTION 04/00 01750 - 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS SECTION 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES Maintenance and Submittal of Record Documents and Samples. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Maintain one (1) record copy of documents at the site in accordance with Document 00700 - General Conditions, paragraph 3.02. B. Store Record Documents and samples in field office if a field office is required by Contract Documents, or in a secure location Provide files, racks, and secure storage for Record Documents and samples. C. Label each document "PROJECT RECORD" in neat, large, printed letters. D. Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by ENGINEER. 1.03 RECORDING A. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. Contract Drawings, Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built' conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Elevations of underground utilities referenced to bench mark utilized for project. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original contract drawings. 6. References to related shop drawings and Modifications. C. Record information with a red pen or pencil on a set of blue line opaque drawings, provided by ENGINEER. 04/00 01760 - 1 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 1.04 SUBMITTALS At contract closeout, deliver Project Record Documents to ENGINEER 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01760 - 2 CITY OF PEARLAND CONTRACT CLOSEOUT SECTION 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. 1.02 CLOSEOUT PROCEDURES A. Comply with Document 00700 - General Conditions regarding Final Completion and Final Payment when Work is complete and ready for ENGINEER's final inspection. Provide Project Record Documents in accordance with Section 01350 - Submittals. C. Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D. The OWNER will occupy portions of the Work as specified in other Sections. E CONTRACTOR shall request Final Inspection at least two (2) weeks prior to Final Acceptance. 1.03 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean debris from drainage systems. C. Clean site; sweep paved areas, rake clean landscaped surfaces. D. Remove waste and surplus materials, rubbish, and temporary construction facilities from the site following the final test of utilities and completion of the work. 1.04 OPERATION AND MAINTENANCE DATA Submit operations and maintenance data as noted in Section 01350 - Submittals. 1.05 WARRANTIES A. Provide one original of each warranty from Subcontractors, suppliers, and manufacturers. B. Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. 04/00 01770 - 1 CITY OF PEARLAND CONTRACT CLOSEOUT C. Submit warranties prior to final Application for Payment. D. Warranties shall commence in accordance with the requirements in Document 00700 - General Conditions, paragraph 9.10, Substantial Completion. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01770 - 2 SUBMERSIBLE AXIAL FLOW PUMPS SECTION 11320 SUBMERSIBLE AXIAL FLOW PUMPS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Submersible Pumps. 2. Control Equipment. 1.02 REFERENCES A. American National Standards Institute (ANSI): 1. B16.1-89 - Cast Iron Pipe Flanges and Flanged Fittings. B. American Society for Testing and Materials (ASTM): 1. A48 92 - Standard Specification for Gray Iron Castings. 2. A182 REV A-92 - Standard Specification for Forged or Rolled Alloy -Steel Pipe Flanges, Forged Fittings, and Valves and Parts for High Temperature Service. 3. A276-92 - Standard Specification for Stainless and Heat -Resisting Steel Bars and Shapes. 4. A576 REV B-90 - Standard Specification for Steel Bars, Carbon, Hot -Wrought, Special Quality. 1.03 SYSTEM DESCRIPTION A. Design and Performance Requirements 1. Acceptable manufacturers include Flygt, KSB or approved equal. 2. Submersible electric motor connected for operation on 460 volts 3 phase, 60 hertz, 4 wire service, with sufficient length of submersible cable (SUBCAB) suitable for this submersible pump applications. 3. The power cable shall be sized according to NEC and ICEA standards and have P-MSHA Approval. 4. The pump shall be capable of delivering 11,000 GPM at 24' TDH. 5. Pump shall be non -overloading through out the operation range of the pump curve from 6' TDH to 30' TDH. 6. Each pump shall be fitted with a stainless steel lifting cable. 7. The working load of the lifting system shall be 50% greater that the pump unit weight. 8. Pump manufacturer shall supply pump can sized for pump supplied. Pump can shall be manufactured to pump manufacturer specifications and hot dipped galvanized after fabrication. 1.04 SUBMITTALS A. General: 1. Submit Product Data and Shop Drawings in sufficient detail to confirm compliance with requirements of this Section and the Drawings. Submit Product Data and Shop Drawings in one complete submittal package. Partial submittals aie unacceptable. Page 1 of 5 5/11/04 11320 C:\DOCUME-1\huntera\LOCALS—i\TEMPOR— \Pump Spec.doc SUBMERSIBLE AXIAL FLOW PUMPS B. Product Data: 1. Catalog cuts and product specifications for each product specified. 2. Pump Performance Curves and Data: a. Show head, capacity, horsepower demand, and pump efficiency curves from shut-off to maximum capacity of pump. b. Show head, capacity, horsepower demand, and pump efficiency for points specified in Schedule(s) attached. 3. Proposed coating system to comply with Section 09900. Submit in accordance with Section 01300. C. Test Results: 1. Submit factory certified performance curves to ENGINEER'S design office. 2. Submit factory certified results of hydrostatic test to ENGINEER'S design office 3. Do not ship pumps to site until factory test results approved E. Submit above in accordance with Section 01300. F. Operation and Maintenance (O&M) Data: 1. Submit in accordance with Section 01730. 1.05 QUALITY ASSURANCE A. System responsibility: To ensure proper operating system(s), pump manufacturer shall provide all products specified in this Section including pump(s), pump removal mechanism(s) and control equipment PART 2 PRODUCTS 2.01 SUBMERSIBLE PUMPS A. Manufacturers. 1. ITT Flygt. 2. KSB 3. approved equal 2.02 MATERIALS A. Suitable for application specified herein and as specified below: 1. Pump case: Cast iron, ASTM A48, minimum Class 30B. 2. Motor housing: Cast iron, ASTM A48, minimum Class 30B. 3. Impeller• Cast iron, ASTM A48, minimum Class 35B. 4. Intermediate housing: Cast iron, ASTM A48, minimum Class 30B. 5. Exposed nuts or bolts shall be AISA type 304 stainless steel. 6. Flygt: Aluminum Bronze B148 C95500. 7. KSB — Duplex cast steel A743 CD4 MCU Page 2 of 5 5/11/04 11320 C:\DOCUME—lUmntera\LOCALS-d\TEMPOR-1\Pump Spec.doc SUBMERSIBLE AXIAL FLOW PUMPS 2.03 PUMP FABRICATION A. General: 1. Provide metal -to -metal contact between machined surfaces. 2. Machine and fit mating surfaces with O-rings where watertight sealing is required. Provide sealing by compression of 0-rings without specific torque limits. 3. Do not use rectangular cross sectioned gaskets, elliptical 0-rings, grease, or secondary sealing compounds. Impeller: 1. The impeller (s) shall be of gray cast iron, Class 35B, dynamically balanced, double shrouded non - clogging design having a long throughlet without acute turns. 2. The impeller (s) shall be capable of handling solids, fibrous materials, heavy sludge and other matter found in the storm water. 3. Whenever possible, a full vaned, not vortex, impeller shall be used for maximum hydraulic efficiency; thus, reducing operating costs. 4. Mass movement of inertia calculations shall be provided by the pump manufacturer upon request. 5. Impeller (s) shall be keyed to the shaft, retained with an alien head bolt and shall be capable of passing a minimum 3 inch diameter solid. 6. All impellers shall be coated with an acrylic dispersion zinc phosphate primer. C. Wear rings: 1. A wear ring system shall be used to provide efficient sealing between the volute and suction inlet of the impeller. 2. Each pump shall be equipped with a brass, or nitrile rubber coated steel ring insert that is drive fitted to the volute inlet D. Shaft and shaft sleeve: 1. Provide common pump/motor shaft. Pump shaft shall be extension of motor shaft. Pump shaft and motor shaft with connection coupling is not acceptable. 2. Provide shaft sleeve for carbon steel shafts that would otherwise be directly exposed to pumped fluid. Shaft sleeve is not required for stainless steel shaft. E. Shaft seals: 1. Each pump shall be provided with a tandem mechanical shaft seal system consisting of two totally independent seal assemblies. 2. The seals shall operate in an lubricant reservoir that hydrodynamically lubricates the lapped seal faces at a constant sate. 3. The lower, primary seal unit, located between the pump and the lubricant chamber, shall contain one stationary and one positively driven rotating corrosion resistant tungsten -carbide ring. 4. The upper, secondary seal unit, located between the lubricant chamber and the motor housing shall contain one stationary corrosion resistant tungsten -carbide seal ring and one positively driven rotating corrosion resistant tungsten -carbide seal ring. 5. Each seal interface shall be held in contact by its own spring system. 6. The seals shall require neither maintenance nor adjustment nor depend on direction of rotation for sealing. 7. The position of both mechanical seals shall depend on the shaft. Page 3 of 5 5/11/04 11320 C:\DOCUME—I\huntera\LOCAIS-4\TEMPOR—(\Pump Spec.doc SUBMERSIBLE AXIAL FLOW PUMPS 8. Mounting of the lower mechanical seal on the impellar hub will not be acceptable. 9. For special applications, other seal face materials shall be available. F. Bearings: 1. The pump shaft shall rotate on two bearings. 2. Motor bearings shall be permanently grease lubricated. 3. The upper bearing shall be a single deep groove ball bearing 4. The lower bearing shall be a two row angular contact bearing to compensate for axial thrust and radial forces. 5. Single row lower bearings are not acceptable G. Motor: 1. Horsepower as previously specified. 2. The pump motor shall be induction type with a squirrel cage rotor, shall type design, housed in an air filled watertight chamber NEMA B type. 3. The stator windings and stator leads shall be insulated with moisture resistant Class F insulation rated for 155°C (311°F). 4. The stator shall be dipped and baked three times in Class F varnish and shall be heat -shrink fitted into the stator housing. 5. The use of bolts, pins or other fastening devices requiring penetration of the stator housing is not acceptable 6. The motor shall be designed for continuos duty handling pumped media of 40°C (104°F) and capable of up to 10 evenly spaced starts per hour 7. The rotor bars and short circuit rings shall be made of cast aluminum. 8. Thermal switches set to open at 125°C (260 F) shall be embedded in the stator lead coils to monitor the temperature of each phase winding. 9. These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the control panel. 10. The junction chamber containing the terminal board, shall be hermetically sealed from the motor by an elastomer compression seal. 11. Connection between the cable conductors and stator leads shall be made with threaded compression type binding posts permanently affixed to a terminal board. 12. Wire nuts or crimping type connection devices are not acceptable. 13. The motor and pump shall be designed and assembled by the same manufacturer. 14. The combined service factor (combined effect of voltage, frequency and specific gravity) shall be a minimum of 1.10. 15. The motor shall have a voltage tolerance of plus or minus 10%. 16. The motor shall be designed for operation up to 40°C (104°F) ambient and with a temperature rise not to exceed 176 F (80°C). 17. A performance chart shall be provided showing curves for torque, current, power factor, input/output kW and efficiency. 18. This chart shall also include data on starting and no-load characteristics. 19. The power cable shall be sized according to the NEC and ICEA standards and shall be of sufficient length to reach the junction box without the need of any splices. 20. The outer jacket of the cable shall be oil resistant chloroprene rubber. 21. The motor and cable shall be capable of continuos submergence underwater without loss of watertight integrity to a depth of 65 feet 22. The motor horsepower shall be adequate so that the pump is non -overloading throughout the entire pump performance curve from shut-off through run -out. H. Cooling system: Provide motor cooling to comply with design and performance requirements and as follows: Page 4 of 5 5/11/04 11320 C:\DOCUM& 1UmnterthLOCALS-1\TEMPOR--I\Pump Spec.doc SUBMERSIBLE AXIAL FLOW PUMPS Provide motor that is sufficiently cooled by the surrounding environment or pumped media. Power/control cable: 1. Size in conformance with National Electric Code (NEC) standards. 2. Provide sufficient length to connect to junction box as shown on Drawings without splicing. 3. Provide watertight cable entry seal to comply with design and performance requirements. 4. Provide support and protection of a cable located in the pump discharge tube as recommended by manufacturer. 2.04 CONTROL EQUIPMENT A. Provide control equipment for pumps as specified in Division 16. B. Level Control System shall consist of a level control transducer and a back-up system consisting of polyurethane sealed mercury float switches with enclosed weights. Both systems are to operate as specified by the Engineer. 2.05 COATING A. Manufacturer is responsible for surface preparation, priming and fmish coating of ferrous metal components in plant prior to shipment. Coating shall comply with Section 09900, System No 3. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturers written instructions and approved submittals. 3.02 FIELD QUALITY CONTROL A. Manufacturer's Field Service: 1. Supplier's or manufacturer's representative for equipment specified herein shall be present at the job site or classroom designated by OWNER for minimum mandays indicated, travel time excluded, for assistance during plant construction, plant startup, and training of OWNER'S personnel for plant operation. Include minimum of: a. 1 manday for Installation Services b. 1/2 manday for Instructional Services c. 1/2 manday for Post -Startup Services *** END OF SECTION *** Page 5 of 5 5/11/04 11320 C:\DOCUME-lUmnteraUACArS-1\TEMPOR-1\Pump Spec.doc CITY OF PEARLAND "DUCKBILL" ELASTOMERIC CHECK VALVE Section 15111.0 Flanged Pipe -Inserted "Duckbill" Elastomeric Check Valves 1.0 GENERAL 1.01 SUBMITTALS A Submit product literature that includes information on the performance and operation of the valve, materials of construction, dimensions and weights, elastomer characteristics, flow data, headloss data, and pressure ratings. B Upon request, provide shop drawings that clearly identify the valve dimensions. 1.02 QUALITY ASSURANCE A Manufacturer shall have at least ten (10) years experience in the production of elastomer "Duckbill" style elastomeric valves, and shall provide references and a list of installations upon request. B Manufacturer shall have performed hydraulic tests on valves through 48" for flow capacity, headloss, and jet velocity at an accredited flow laboratory. Manufacturer shall provide test data upon request. C Upon request, manufacturer shall provide installation data for existing valves of similar size and type to the project scope. 2.0 PRODUCTS 2.01 "DUCKBILL" ELASTOMERIC CHECK VALVES A Check Valves are to be all rubber of the flow operated check type with a flanged -end connection. The port area shall contour down to a duckbill, which shall allow passage of low in one direction while preventing reverse flow. The flange and flexible duckbill sleeve shall be one piece rubber construction with nylon reinforcement. B The flanged end shall be configured to clamp between ANSI B 16.1 class 125# flanges or ANSI B16.5 class 150# flanges. C. Manufacturer must have available flow test data from an accredited hydraulics laboratory to confirm pressure drop data. Company name, plant location, valve size and serial number shall be bonded to the check valve. Valves shall be manufactured in the USA. O:\LAND\1610\ 1610-0203ULGDUCKBILL.DOC 15111.C-1 4/7/2004 CITY OF PEARLAND "DUCKBILL" ELASTOMERIC CHECK VALVE 2.02 FUNCTION A When line pressure inside the valve exceeds the backpressure outside the valve by a certain amount, the line pressure forces the bills of the valve open, allowing flow to pass. When backpressure exceeds the line pressure by at the same amount, the bills of the valve are forced closed. 2.03 MANUFACTURER A All valves shall be of the Series 37 as manufactured by the Red Valve Co., Inc. of Carnegie, PA 15106 or approved equal. 3.0 EXECUTION 3.01 INSTALLATION A Valve shall be installed in accordance with manufacturer's written Installation and Operation Manual and approved submittals. O:\LAND\I610\ 1610-0203\FLGDUCKBILL.DOC 15111.C-2 4/7/2004 CONDUIT, FITTINGS AND BODIES SECTION 16111 CONDUIT, FITTINGS AND BODIES PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected O specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012 "Electrical Work" for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SECTION INCLUDES A. Specification for conduit, fittings and bodies. 1.02 REFERENCES A. American National Standards Institute (ANSI). 1. ANSI C80.1: Rigid Steel Conduit - Zinc Coated. 2. ANSI C80.4: Fittings for Rigid Metal Conduit. B. Federal Specifications. 1. W-C-58C: Conduit Outlet Boxes, Bodies Aluminum and Malleable Iron. 2. W-C-1094: Conduit and Conduit Fittings Plastic, Rigid. 3. WW-C-566C: Flexible Metal Conduit. 4. WW-C-•581D: Coatings on Steel Conduit. C. National Electrical Manufacturers Association (NEMA). 1. NEMA RN1: Polyvinyl -Chloride Externally Coated Galvanized Rigid Steel Conduit and Electrical Metallic Tubing. 16111-1 Pagel of 10 CONDUIT, FITTINGS AND BODIES 2. NEMA TC2: Electrical Plastic Tubing (EPT) and Conduit (EPC-40 and EPC-80). 3. NEMA TC3: PVC Fittings for Use with Rigid PVC Conduit and Tubing. g D. National Fire Protection Association (NFPA), ANSI/NFPA 70 - National Electrical Code (NEC). E. Underwriters' Laboratories (UL). 1. UL 1: Flexible Metal Electrical Conduit. 2. UL 6: Rigid Metal Electrical Conduit. 3. UL 514B: Fittings for Conduit and Outlet Boxes. 4. UL 651: Schedule 40 and 80 Rigid PVC Conduit. 5. UL 651 A: Type EB and A Rigid PVC Conduit and HDPE Conduit. 6. UL 886: Electrical Outlet Boxes and Fittings for Use in Hazardous Locations. 1.03 SUBMITTALS A. Submit all products covered under this specification for Engineer's approval. g pp 1. Manufacturer's cut sheets, catalog data, with selected products clearly marked. 2. Installation, terminating and splicing procedure. 3. Instruction for handling and storage. 4. Dimensions and weight. B. With each submittal, include a copy of the applicable specification(s) page(s) for the item submitted and mark "Complies" or "Non -Compliance" or "Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. 16111-2 Page 2 of 10 CONDUIT,FITTINGS AND BODIES 1.04 QUALITY ASSURANCE A. Tests. 1. Rigid steel conduit shall pass the bending, ductility, and thickness of zinc coating tests described by ANSI C80.1. 2. Flexible conduit shall pass the tension, flexibility, impact, and zinc coating test described by UL 1. 3. . Nonmetallic conduit and fittings shall pass the test requirements of NEMA TC2, UL 651 and 651A and Federal Specification W-C-1094A. 1.05 DELIVERY STORAGE AND HANDLING A. Package conduit in 10-foot bundles maximum with conduit and coupling thread protectors suitable for indoor and outdoor storage. Package fittings in manufacturer's standard quantities and packaging suitable for indoor storage. Package plastic-coated rigid conduit, fittings, and bodies in such a manner as to protect the coating from damage during shipment and storage. B. Store conduit above ground on racks to prevent corrosion and entrance of debris. C. Protect plastic conduit from sunlight. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Rigid Steel Conduit. 1. Allied Tube and Conduit 2. Triangle Wire and Cable, Inc. 3. Wheatland Tube Company B. PVC Coated Steel Conduit. 1. Occidental Coating Company (0-Cal Blue) 16111-3 Page 3 of 10 (^ CONDUIT,FITTINGS AND BODIES 2. Robroy Industries, Inc. (Rob-Roy Red) C. PVC Rigid Conduit. 1. Cantex 2. Carlon Industries, Inc. 3. Robroy Industries,Inc. D. Conduit Fittings and Bodies. 1. Appleton Electric 2. Crouse-Hinds 3. Killark Electric Manufacturing Company 4. O-Z/Gedney E. Liquidtight Flexible Conduit. 1. Anamet, Inc. 2. Electriflex Company 3. Triangle Wire and Cable, Inc. 2.02 MATERIALS AND EQUIPMENT A. Design Conditions. Use electrical conduit, fittings, and bodies designed for service in areas as specified within this section to form a continuous support system for power, control, and instrument cables. B. Conduit and Fittings 1. Rigid Steel Conduit and Fittings. a. Rigid steel conduit,rigid steel conduit bends,nipples, and bodies shall be hot-dipped galvanized and shall comply with the latest ANSI C80.1,UL 6, Federal Specification WW-C-581D, and NEC Article 346-15. 16111-4 Page 4 of 10 r^ CONDUIT,FITTINGS AND BODIES b. Mild steel tubing shall be used for conduit, nipples, and couplings, and shall be free of defects on both the inner and outer surfaces. c. Fittings, bodies, and covers for rigid steel conduit shall be steel or cast- iron and shall comply with ANSI C80.4, UL 514B, and Federal Specification W-C-58C. 2. PVC-Coated Rigid Steel Conduit and Fittings. a. PVC-coated conduit,fittings,bodies,and covers shall conform to NEMA RN1 (Type A). Rigid steel galvanized conduit and fittings before coating shall conform to Federal Specification WW-C-581D, ANSI C80.1, and UL 6. Conduit bodies shall conform to UL 514B and Federal Specification W-C- 58C. Provide sufficient coating for touch up after installation. b. PVC-coated couplings shall be of the ribbed type. (4111/4 c. Condulet covers shall have encapsulated stainless steel thumb screws. d. Condulets and covers shall be of malleable iron or feraloy material before coating. e. PVC coating shall be a minimum of 2 mil thickness on the interior of the conduit and the interior of fittings, condulets, covers and bodies. 3. Flexible and Liquidtight Flexible Metal Conduit and Fittings. a. Use liquidtight flexible metal conduit manufactured in accordance with UL 1 and Federal Specification WW-C-566C. b. Fittings used with liquidtight flexible metal conduit shall be the PVC- coated type and of such design as to thoroughly ground the conduit to the fittings, and through it to the box or enclosure to which it is attached. c. Flexible couplings and fittings for use in hazardous areas shall comply with UL 886,NEC Article 501-4 (a&b), and Federal Specification W-C- 586C. 16111-5 Page 5of10 CONDUIT, FITTINGS AND BODIES 4. PVC Conduit and Fittings. Use PVC conduit, bends, and fittings, which comply with NEMA TC2, W-C-A, and NEC Article 347-17 for above ground and underground installation. Conduit shall be Schedule 80, unless shown or noted otherwise on drawings or in other specifications. PART 3 EXECUTION 3.01 PREPARATION A. Confirm submittal of shop drawing with conduit and conduit fitting, sizes, types and routing shown. B. Ensure that the conduit system to be installed is sized properly for the cable and wire requirements. C. Verify the actual physical conduit route from the conduit plan drawings and prepare the conduit support system. rbN D. Verify the equipment locations to which the conduit will be connected and determine detail requirements for connections. E. Submit layout of all conduit stub-ups for Engineers review before installing conduits. 3.02 INSTALLATION A. Install PVC-coated conduits in all outdoor locations at wastewater facilities,inside valve vaults;in wet well slabs,in corrosive and wet environments and,where specifically noted on drawings. B. Install rigid galvanized steel (RGS) conduits in dry inside locations and in all outdoor locations for water facilities and, where specifically noted otherwise on drawings. C. Install PVC conduits in duct banks. For stub-ups, use PVC-coated rigid steel elbows or rigid steel elbows as applicable in A and B above or where specifically noted on drawings. Rigid steel stub-up shall have minimum 3 layers of mylar tape up to 1" above slab where conduit is in contact with concrete. D. Run exposed conduit parallel or perpendicular to walls, ceilings or main structural members. Group multiple conduits together where possible. Do not install conduit where it interferes with the use of passageways, doorways, overhead cranes, monorails, 16111-6 Page 6 of 10 (11^ CONDUIT,FITTINGS AND BODIES equipment removal areas or working areas. In no case shall conduit routing present a safety hazard or interfere with normal plant operating and maintenance procedures. Maintain a minimum overhead clearance of 8'-0" in passageways. Except where absolutely impossible, all conduits are to be installed in or under concrete slab,in walls and ceilings. Any exposed conduit installed otherwise may be relocated at Contractor's expense where directed by Engineer or Owner. Exceptions,where specifically noted otherwise on plans. E. Installation and support of conduit shall be from steel or concrete structures in accordance with the standard detail drawings. Furnish necessary conduit straps,clamps,fittings and support for the conduit in accordance with the standard details and consistent with the grade and type of conduit being installed. F. Identify conduit at termination points like MCC,light fixtures,control panels,receptacles, and junction boxes. G. Not more than 3 equivalent 90 degree bends will be permitted between outlets. Provide bonded expansion fittings at building expansion joints. H. Install conduit runs so that they are mechanically secure, mechanically protected from physical harm, electrically continuous, and neat in appearance. The interiors of conduit shall provide clean, smooth raceways through which conductors may he drawn without damage to the insulation. Make threaded connections wrench tight. Cut conduit square with a power saw or a rotary type conduit cutter designed to leave a flat face. Do not use plumbing pipe cutters for cutting conduit. Ream the cut ends of conduit with a reamer, designed for the purpose to eliminate rough edges and burrs. Cut threads with standard conduit dies providing 3/4-inch taper per foot, allowing the proper length so that joints and terminals may be made up tight and the ends of the conduit not deformed. Keep dies sharp and use a good quality threading oil continuously during the threading operation. Remove metal cuttings and oil from the conduit ends after the threads are cut and paint threads before connections are made. Use zinc rich,brush-on • compound on the threads of steel conduit before connections are made. Use only tools specifically made for bending and installing PVC-coated or PVC conduit when installing these materials. J. Use strap wrenches only to tighten joints in plastic coated rigid steel conduit. Replace all conduit and fittings with damage to the plastic coating, such as cuts, nicks and threader chuck jaw marks. 16111-7 Page 7 of 10 CONDUIT, FITTINGS AND BODIES K. Make up changes in direction of conduit using elbows or fittings. Do not use pull boxes to make direction changes unless specifically designated otherwise. L. Field fabricated bends shall be free of indentations or elliptical sections. The radius of the bend shall not be less than 6 times the smallest diameter of the raceway. M. Protect all conduit terminations from mechanical injury. Prevent the entry of moisture and foreign matter into the conduit system by properly capping terminations. N. Avoid trapped runs of conduit, if possible. When they are necessary, provide drainage using a "tee"condulet equipped with a drain. Conduit is likely to pass through areas with a temperature differential of 20 degrees F or more. Seal penetrations with a proper seal fitting at the wall or barrier between such areas. For conduit passing through walls separating pressurized areas from non-pressurized areas,install sealing fittings at the wall on the non-pressurized side. O. Fit conduit crossing building or structure expansion joints with approved expansion fittings,except that fittings will not be required when conduit crossing an expansion joint (.1.., is supported on trapeze hangers in such a way that at no time will the conduit be under stress due to expansion. Install bonding jumpers around expansion joint fittings. P. Where conduit terminates in sheet metal enclosures and where no threaded hubs are provided, fit the conduit with double locknuts and bushings. Sheet metal enclosures located outside or in any other wet, damp or corrosive areas shall be furnished with threaded hubs. Restrict side penetrations to the lower one third of the enclosure. Q. Provide flexible metallic conduit where necessary to allow for movement or to localize sound or vibration, at transformers, at motors and any other rotating equipment unless shown otherwise on Drawings. R Seal openings or holes where conduits pass through walls or floors. When conduits are passing through a firewall or fire-rated floor into different rooms,cabinets,or enclosures, use a fire-rated seal as shown in the typical detail included in the Drawings. Certain walls,as indicated on the Drawings,require environmental(air-tight)seals;seal as shown. S. Install explosion-proof seals in conduit runs crossing or entering a hazardous classified area, as shown on Drawings. Install type CSBE removable sealing fittings to seal pump cables in the wet well and at the first junction box outside the well. 16111-8 Page 8 of 10 ri.^ CONDUIT,FITTINGS AND BODIES T. Unless otherwise indicated on the Drawings, install expansion fittings every 300 feet within a straight conduit run and where conduit crosses building expansion joints, using bonding straps to ensure ground continuity. U. Parallel runs of conduit may be supported by structural steel racks. When two or more racks are arranged one above the other, provide vertical separation of not less than 12 inches between racks, unless otherwise indicated on the Drawings. Space conduits on the racks at least enough to provide 1/4-inch clearance between hubs on adjacent conduits at terminations and to allow room for fittings. V. Fill conduit racks no more than 75 percent of their capacity, providing usable space for future conduit. To ensure this, conduits leaving the rack horizontally shall be offset up or down so that future conduits may be installed in the space remaining. Construct conduit racks to permit access for wire or cable pulling at all pull points, even when future conduits are added to fill the racks. (,.., W. Where conduit racks are supported on rods from beam clamps or by some other non-rigid suspension system,install rigid supports at no more than 50-foot intervals to give lateral stability to the rack. X. Conduit racks or hangers must in no way interfere with machinery (or its operation), piping,structural members,process equipment,or access to anticipated future equipment. Refer to architectural,structural,equipment layout and piping drawings to ensure that this requirement is met. Y. Label high voltage conduit with the circuit phase-to-phase voltage by means of a firmly attached tag or label of approved design at each conduit termination,on each side of walls or barriers pierced and at intervals not exceeding 200 feet along the entire length of the conduit. Z. Support conduit sizes 2 inches and larger at spacings not exceeding 10 feet and conduit sizes 1-1/2 inches and smaller at spacings not exceeding 8 feet. AA. The means of fastening conduit to supports shall be: by one hole malleable iron conduit straps secured by wood screws to wood and by bolts with expansion anchors to concrete or masonry; by "Korn" clamps or U-bolts to other surfaces. Use "clamp backs" when strapping conduits to walls, column faces, or other such surfaces. 16111-9 Page 9 of 10 (^ CONDUIT, FITTINGS AND BODIES BB. Support conduit runs with conduit clamps, hangers, straps and metal framing channel attached to structural steel members. Conduits of 1-1/2 inch size or less may be supported by one-hole conduit straps on concrete, tile or steel work, but for larger size conduit,use 2-hole straps. Use clamps of galvanized malleable iron for rigid galvanized conduit and PVC-coated or stainless steel for PVC-coated conduit. Metal framing channel straps used for PVC-coated conduit shall be type 316 stainless steel. CC. Install conduits supported from building walls with at least 1/4-inch clearance from the wall to prevent the accumulation of dirt and moisture behind conduit. DD. Size and space embedded conduits in structural slabs in accordance with the Uniform Building Code. Conduits should occupy no more than one-third the thickness of the slab and should not be closer than 3 times the largest diameter on center without additional reinforcement. EE. Do not cut paved driveways, sidewalks, concrete foundations, etc. to install conduits unless specifically noted on plans. Bore under such construction and maintain a minimum of 24 inches below underside of paving or concrete. Repair any cutting or damage to original condition and to satisfaction of Engineer and Owner. FF. All conduits for fiber optic cables are to have wide tube radius compatible with cable manufacturer's requirements. GG. Damaged conduits shall be replaced at no additional cost to Owner where Engineer deems necessary because of extent of damage or, where conductors are damaged by defective conduit installation. HH. Seal all conduits entering motor control centers,control panels,and equipment enclosures with CSBE seals. Sealing glands shall be selected specifically for each conduit and conductor. END OF SECTION 16111-10 Page 10 of 10 600-VOLT BUILDING WIRE AND CABLE SECTION 16120 600-VOLT BUILDING WIRE AND CABLE PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected© specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SECTION INCLUDES A. Specifications for 600-volt building wire and cable. 1.02 RENLRENCES A. American National Standards Institute/National Fire Protection Association (ANSUNFPA),NFPA 70-National Electrical Code(NEC),Article 310-Conductors for General Wiring. B. Underwriter's Laboratories (UL) 1. UL 83: Thermoplastic Insulated Wires and Cables 2. UL 1063: Machine Tool Wires and Cables C. American Society for Testing and Materials (ASTM) 1. ASTM B3: Soft or Annealed Copper Wires 2. ASTM B8: Concentric-Lay-Stranded Copper Conductors, Hard,Medium Hard, Soft D. Insulated Cable Engineers Association(ICEA),ICEA S-61-402:Thermoplastic-Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy (NEMA WC-5). 16120-1 Page 1 of 6 600-VOLT BUILDING WIRE AND CABLE 1.03 SUBMITTALS A. Submit the following for Engineer's approval. 1. Manufacturer's cut sheets and catalog data 2. Instruction for handling and storage 3. Dimensions and weight B. With each submittal,include a copy of the applicable specification(s)page(s)for the item submitted and mark "Complies" or "Non-Compliance" or "Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. 1.04 QUALITY ASSURANCE A. Tests. Cable shall meet all the requirements of Part 6 of ICEA S-61-402. 1.05 DELIVERY, STORAGE, AND HANDLING A. Ship wire and cable on manufacturer's standard reel sizes unless otherwise specified. Where cut lengths are specified, mark reel footage accordingly. Each reel shall contain one continuous length of cable. Provide impact protection by wood lagging or suitable barrier across the traverse of the reel. Provide moisture protection by using manufacturer's standard procedure or heat shrinkable self-sealing end caps applied to both ends of the cable. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. American Insulated Wire Corporation B. Carol Cable Company, Inc. C. General Cable Company D. Okonite Company /p"'' E. Rome Cable Company 16120-2 Page 2 of 6 600-VOLT BUILDING WIRE AND CABLE F. Triangle Wire and Cable, Inc. G. Service Wire Company 2.02 MATERIALS AND EQUIPMENT A. Design. Provide cable designated as THWN/THPIN or XHHW single conductor type and UL 83 and UL 1063 listed, rated 600 volts and certified for continuous operation at maximum conductor temperature of 90 degrees C in dry locations and 75 degrees C in wet locations while installed in underground duct, conduit or in control panels (MTW). B. Conductors. Provide conductors which are Class B, concentric stranded, annealed un- coated copper with physical and electrical properties complying with ASTM B3 and B8 and Part 2 of ICEA S-61-402. C. Insulation. Each conductor shall be PVC insulated and nylon jacketed to meet the requirements of Part 3 of ICEA S-61-402. The insulation thickness shall match the dimensions listed in NEC Table 310-13 for type THHN and THWN wire. D. Wire Marking 1. Wire marking shall be in accordance with NEC Article 310-11 and shall be printed on the wire insulation at 2-foot intervals. 2. The printing method used shall be permanent and the color shall sharply contrast with the jacket color. E. The single conductor color coding shall be as follows: System Voltage A B C Neutral 120/240 Volt 1Ph/3w Black Red ... White 120/208 Volt 3Ph/4w Black Red Blue White 120/240 Volt 3Ph/4w Black Orange Blue White 277/480 Volt 3Ph/4w Brown Purple Yellow Grey Motor Control 1 Black 2 Red 3 Blue Ground Green 16120-3 Page 3 of 6 600-VOLT BUILDING WIRE AND CABLE PART 3 EXECUTION 3.01 PREPARATION A. Complete the cable raceway systems and underground duct banks before installing cables. B. Verify sizing of raceways and pull boxes to ensure proper accommodation for the cables. C. Check the length of the cable raceway system against the length of cable on the selected reel. D. Clean conduits of foreign matter before cables are pulled. 3.02 INSTALLATION A. Wiring Methods 1. Use wiring methods indicated on the Drawings 2. In general, use THHN/THWN or XIHHW building wire for lighting, power and control wiring where conductors are enclosed in raceways such as above ground conduit system, underground duct banks, or inside control panels. 3. Do not use solid conductors. 4. Use conductors not smaller than No. 12 AWG stranded for lighting circuits. 5. Use conductors not smaller than No. 14 AWG for control circuits, except when part of a multi-conductor cable or internal panel wiring. 6. In general, do not splice conductors unless approved by the Engineer. 7. Splices associated with taps for lighting and control circuits are allowed without approval. 8. Make splices in accessible junction boxes. 9. Use wire nuts with insulated caps for lighting wiring splices. Splice control circuit with insulated crimp connectors. 16120-4 Page 4 of 6 w 600-VOLT BUILDING WIRE AND CABLE B. Single Conductor in Conduit and Ductbank 1. Install cables in accordance with the manufacturer's instructions and NEC Chapter 3 - Wiring Methods and Materials. Do not exceed maximum wire tension, maximum insulation pressure and minimum bending radius. 2. Pull cables into conduits using adequate lubrication to reduce friction. Lubricants must not be harmful to the conductor insulation. C. Single Conductor in Cable Tray 1. Do not install single conductor building wire and cable in cable tray. D. Preparation for Termination 1. Make 600-volt power cable terminations and splices with heat shrinkable sleeves and seals. ,,.., 2. Terminal lugs and connectors for all sizes of conductors shall be crimp-on type. 3. For size 1/0 AWG and larger,crimp-on lugs shall have the long barrel with 2-hole tongues except in places where termination space is limited. E. Tests 1. In general, test insulation integrity of the wiring system before terminating. 2. Make sure to disconnect sensitive electronic equipment before testing insulation. 3. Use a 500 VDC megohmmeter and perform the wire system insulation test in accordance with the operating instructions. F. Termination 1. After the 600-volt wiring system has been tested with satisfactory results, reconnect wire. G. Inspection of Conductors 16120-5 Page 5 of 6 Cul`' 600-VOLT BUILDING WIRE AND CABLE 1. All conductors shall be inspected for damage after pulled in conduit. Where damage is deemed excessive by Engineer, conductors shall be replaced for entire length of run. Where damage is due to condition of conduits, Contractor may be requested to provide a televised inspection of conduits at no additional cost to Owner and where deemed necessary by Engineer, any damaged conduits shall be replaced at no additional cost to Owner. END OF SECTION 16120-6 Page 6 of 6 DEVICE, PULL AND JUNCTION BOXES SECTION 16131 DEVICE, PULL AND JUNCTION BOXES PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected CO specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SECTION INCLUDES A. Specifications for device, pull, and junction boxes. 1.02 REFERENCES A. American National Standards Institute/National Electrical Manufacturers Association (ANSI/NEMA). 1. FB 1 -Fittings and Support for Conduits and Cable Assemblies 2. 250- Enclosures for Electrical Equipment (1000 volts maximum) B. American National Standards Institute/National Fire Protection Association (ANSI/NFPA),NFPA70-National Electrical Code(NEC)-Article 370-Outlet Device, Pull and Junction Boxes, Conduit Bodies and Fittings. C. Underwriters Laboratories (UL): 1. 50 - Safety Cabinets and Boxes 2. 508 - Safety Industrial Control Equipment 3. 514B - Safety Fittings for Conduit and Outlet Boxes 4. 886- Safety Outlet Boxes and Fittings for Use in Hazardous Areas 16131-1 Page 1 of 4 DEVICE, PULL AND JUNCTION BOXES 1.03 SUBMITTALS A. Submit all products covered under this specification for Engineer's approval. 1. Manufacturer's cut sheets, catalog data 2. Instruction for handling and storage 3. Installation instructions 4. Dimensions and weights B. With each submittal,include a copy of the applicable specification(s)page(s)for the item submitted and mark "Complies" or "Non-Compliance" or "Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. 1.04 DELIVERY, STORAGE AND HANDLING A. Pack and crate boxes to permit ease of handling and to provide protection from damage during shipping,handling and storage. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Sheet Metal Boxes 1. Hoffinan Industrial Products 2. Pauluhn Electric Manufacturing Company 3. Hennessy 4. Tanco 5. Tejas 6. Circle A.W. 16131-2 Page 2 of 4 C"'" DEVICE, PULL AND JUNCTION BOXES B. Cast Device Boxes 1. Appleton Electric Company 2. Crouse-Hinds, Division of Cooper Industries 3. Killark Electric Manufacturing Company 2.02 MATERIALS AND EQUIPMENT A. Sheet Metal Boxes 1. Provide UL-approved junction boxes and pull boxes manufactured from stainless steel sheet metal and meeting requirements of NEMA 4X for corrosive and wet areas, NEMA 250 and NEC Article 370. Enclosures located outdoors or in environmentally harsh or wet locations shall be NEMA 4X stainless steel. 2. Provide boxes with a stainless steel continuous hinge, closure hasps and all- stainless steel hardware. 3. Furnish the door with neoprene gasket and provision for padlock. B. Device Boxes 1. Provide UL-approved boxes designed and manufactured to house electrical devices like receptacles and switches, and in conformance with NEMA FB 1 and NEC Article 370. 2. Supply boxes that are hot-dip galvanized on cast iron suitable for,corrosive and wet atmosphere. 3. Al boxes located in environmentally harsh or wet or outdoor locations shall be NEMA 4X stainless steel. C. Hardware 1. Mounting Hardware: Stainless steel 2. Conduit Connectors: Watertight as manufactured by Myers Hubs, or equal. 16131-3 Page 3 of 4 DEVICE, PULL AND JUNCTION BOXES PART 3 EXECUTION 3.01 PREPARATION A. Review the drawings and determine how many boxes of each kind are required and check if supplied quantity is sufficient. 3.02 INSTALLATION A. Boxes described in this specification shall be used both in dry and wet, corrosive areas, both inside and outside locations. B. Install boxes in accordance with NEC Article 370 in locations indicated on the Drawings. C. Install junction and pull boxes in readily accessible places to facilitate wire pulls, maintenance and repair. D. Plug unused conduit openings. E. Make conduit connections to sheet metal boxes with watertight conduit connectors. END OF SECTION 16131-4 Page 4 of 4 ,aft, ELECTRICAL IDENTIFICATION SECTION 16195 ELECTRICAL IDENTIFICATION PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected© specification is issued confidentially for this specific project . only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SUMMARY A. Section Includes: 1. Identification of electrical materials, equipment, and installations. 2. Nameplate identification on MCC's and control panels. 1.02 SUBMITTALS A. Submit all products covered under this specification for Engineer's approval. B. Product Data: 1. Submit for each type of product specified. C. Samples: 1. Submit for each color, lettering style, and or graphic representation required for identification materials; samples of labels and signs. D. Miscellaneous: 1. Schedule of identification nomenclature to be used for identification signs and labels. 16195-1 Page 1 of 10 ELECTRICAL,IDENTIFICATION E. With each submittal,include a copy of the applicable specification(s)page(s)for the item submitted-and mark "Complies" or "Non-Compliance" or "Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. 1.03 QUALITY ASSURANCE A. Regulatory Requirements: 1. National Electrical Code: Components and installation shall comply with NFPA 70. B. Comply with ANSI C2. PART 2 PRODUCTS 2.01 RACEWAY AND CABLE LABELS A. Manufacturer's Standard Products: Where more than one type is listed for specified application, selection is Installer's option, but provide single type for each application category. Use colors prescribed by ANSI A13.1, NFPA 70, or as specified elsewhere. B. Conform to ANSI A13.1, Table 3, for minimum size of letters for legend and minimum length of color field for each raceway or cable size. 1. Color: Black legend on orange field. 2. Legend: Indicates voltage. , C. Pre-tensioned, Wraparound Plastic Sleeves: Flexible, preprinted, color coded, acrylic bands sized to suit diameter of line it identifies and arranged to stay in place by pre- tensioned gripping action when placed in position. D. Colored Adhesive Tape: Self adhesive vinyl tape not less than 3 mils thick by 1 to 2 in. wide (0.08 mm thick by 25 to 51 mm wide). E. Underground Line Warning Tape: Permanent, bright colored, continuous printed,vinyl tape with following features: 1. Size: Not less than 6 in.wide by 4 mils thick(152 mm wide by 0.102 nun thick). 16195-2 Page 2 of 10 ELECTRICAL IDENTIFICATION 2. Compounded for permanent direct burial service. 3. Embedded continuous metallic strip or core. 4. Printed Legend: Indicates type of underground line. F. Tape Markers: Vinyl or vinyl cloth, self adhesive, wraparound type with preprinted numbers and letters. G. Aluminum, Wraparound Marker Bands: Bands cut from 0.014 in. (0.4 mm) thick aluminum sheet, with stamped or embossed legend, and fitted with slots or ears for permanently securing around wire or cable jacket or around groups of conductors. H. Plasticized Card Stock Tags: Vinyl cloth with preprinted and field printed legends. Orange background, except as otherwise indicated, with eyelet for fastener. I. Aluminum Faced Card Stock Tags: Wear resistant, 18 point minimum card stock faced on both sides with embossable aluminum sheet,0.002 in. (0.05 mm)thick, laminated with moisture resistant acrylic adhesive, and punched for fastener. Preprinted legends suit each application. J. Brass or Aluminum Tags: Metal tags with stamped legend, punched for fastener. Dimensions: 2 by 2 in. (51 by 51 mm) by 0.05 in. (1.3 mm). 2.02 ENGRAVED NAMEPLATES AND SIGNS A. Manufacturer's Standard Products: Where more than one type is listed for specified application, selection is Installer's option, but provide single type for each application category. Use colors prescribed by ANSI A13.1, NFPA 70, or as specified elsewhere. B. Engraving stock,melamine plastic laminate, 1/16 in. (1.6 mm) minimum thick for signs up to 20 sq. in. (129 sq. cm), 1/8 in. (3.2 mm) thick for larger sizes. 1. Engraved Legend: Black letters on white face. 2. Punched for mechanical fasteners. C. Baked Enamel Signs for Interior Use: Preprinted aluminum signs,punched for fasteners, with colors,legend, and size as indicated or as otherwise required for application. 1/4 in. (6.4 mm) grommets in corners for mounting. 16195-3 Page 3 of 10 ELECTRICAL IDENTIFICATION D. Exterior,Metal Backed,Butyrate Signs: Wear resistant,non-fading,preprinted,cellulose acetate butyrate signs with 0.0396 in. (1 mm), galvanized steel backing, with colors, legend, and size appropriate to application. 1/4 in. (6.4 mm) grommets in corners for mounting. E. Fasteners for Plastic Laminated and Metal Signs: Self tapping stainless steel screws or No. 10/32 stainless steel machine screws with nuts, flat washers and lock washers. 2.03 MISCELLANEOUS IDENTIFICATION PRODUCTS A. Cable Ties: Fungus-inert, self extinguishing, 1 piece, self locking, Type 6/6 nylon cable ties with following features: 1. Minimum Width: 3/16 in. (5 mm). 2. Tensile Strength: 50 lb (22.3 kg) minimum. 3. Temperature Range: Minus 40 to 185°F (Minus 4 to 85°C). ow (` 4. Color: As indicated where used for color coding. B. Paint: Alkyd-urethane enamel. Primer as recommended by enamel manufacturer. PART 3 EXECUTION 3.01 INSTALLATION A. Install identification devices according to manufacturer's written instructions. B. Install labels where indicated and at locations for best convenience of viewing without interference with operation and maintenance of equipment. C. Lettering, Colors, and Graphics: Coordinate names, abbreviations, colors, and or designations used for electrical identification with corresponding'designations used in Contract Documents or required by codes and standards. Use consistent designations throughout Project. D. Sequence of Work: Where identification is to be applied to surfaces that require finish, install identification after completion of finish work. 16195-4 Page 4of10 ELECTRICAL IDENTIFICATION E. Self Adhesive Identification Products: Not allowed. F. Identify feeders over 600 V with "DANGER-HIGH VOLTAGE" in black letters 2 in. (51 mm)high, stenciled with paint at 10 ft(3 m)intervals over continuous,painted orange background. Identify following: 1. Entire floor area directly above conduits running beneath and within 12 in. (305 mm) of basement or ground floor that is in contact with earth or is framed above un-excavated space. 2. Wall surfaces directly external to conduits concealed within wall. 3. All accessible surfaces of concrete envelope around conduits in vertical shafts, exposed in building, or concealed above suspended ceilings. 4. Entire surface of exposed conduits. G. Install painted identification as follows: 1. Clean surfaces of dust, loose material, and oily films before painting. 2. Prime Surfaces: For galvanized metal, use single component, acrylic vehicle coating formulated for galvanized surfaces. For concrete masonry units, use heavy duty, acrylic resin block filler. For concrete surfaces, use clear, alkali resistant, alkyd binder type sealer. 3. Apply one intermediate and one finish coat of silicone alkyd enamel. 4. Apply primer and finish materials according to manufacturer's instructions. H. Identify Raceways and Exposed Cables of Certain Systems with Color Banding: Band exposed and accessible raceways of systems listed below for identification. 1. Bands: Pre-tensioned,snap around,colored plastic sleeves;colored adhesive tape; or combination of both. Make each color band 2 in. (51 mm)wide, completely encircling conduit, and place adjacent bands of 2 color markings in contact, side by side. 2. Locate bands at changes in direction, at penetrations of walls and floors, at 50 ft (15 in)maximum intervals in straight runs,and at 25 ft(7.6 m)in congested areas. 16195-5 Page 5 of 10 ELECTRICAL IDENTIFICATION 3. Colors: As follows: a. Fire Alarm System: Red. b. Fire Suppression Supervisory and Control System: Red and yellow. c. Combined Fire Alarm and Security System: Red and blue. d. Security System: Blue and yellow. e. Mechanical and Electrical Supervisory System: Green and blue. f. Telecommunications System: Green and yellow. Install Caution Signs for Enclosures Over 600 V: Use pressure sensitive, self-adhesive label indicating system voltage in black,preprinted on orange field. Install on exterior of door or cover. J. Install Circuit Identification Labels on Boxes: Label externally as follows: 1. Exposed Boxes: Pressure sensitive, self adhesive plastic label on cover. 2. Concealed Boxes: Plasticized card stock tags. 3. Labeling Legend: Permanent, water proof listing of panel and circuit number or equivalent. K. Identify Paths of Underground Electrical Lines: During trench backfilling, for exterior underground ,power, control, signal,,and communications lines, install continuous underground plastic line marker located directly above line at 6 to 8 in. (150 to 200 mm) below finished grade. Where multiple lines installed in common trench or concrete envelope do not exceed an overall width of 16 in. (400 mm),use single line marker. 1. Install line marker for underground wiring, both direct buried and in raceway. L. Color Code Conductors: Secondary service, feeder, and branch circuit conductors throughout secondary electrical system. 1. Field applied, color coding methods maybe used in lieu of factory coded wire for �., sizes larger than No. 10 AWG. 16195-6 Page 6 of 10 ELECTRICAL IDENTIFICATION a. Colored,pressure sensitive plastic tape in half lapped turns for distance of 6 in. (150 mm)from terminal points and in boxes where splices or taps are made. Apply last 2 turns of tape with no tension to prevent possible unwinding. Use 1 in. (25 mm) wide tape in colors as specified. Adjust tape bands to avoid obscuring cable identification markings. b. Colored cable ties applied in groups of 3 ties of specified color to each wire at each terminal or splice point starting 3 in. (76 mm) from terminal and spaced 3 in. (76 mm) apart. Apply with special tool or pliers, tighten to snug fit, and cut off excess length. System Voltage A B C Neutral 120/240 Volt 1Ph/3w Black Red White 120/208 Volt 3Ph/4w Black Red Blue White 120/240 Volt 3Ph/4w Black Orange Blue White 277/480 Volt 3Ph/4w Brown Purple Yellow Grey Motor Control 1 Black 2 Red 3 .Blue Ground Green • M. Power Circuit Identification: Use metal tags or aluminum wraparound marker bands for cables, feeders, and power circuits in vaults, pull boxes,junction boxes, manholes, and switchboard rooms. 1. Legend: 1/4 in. (6.4 mm) steel letter and number stamping or embossing with legend corresponding to indicated circuit designations. 2. Fasten tags with nylon cable ties; fasten bands using integral ears. 16195-7 Page 7 of 10 ELECTRICAL IDENTIFICATION N. Apply identification to conductors as follows: 1. Conductors to Be Extended in Future: Indicate source and circuit numbers. 2. Multiple Power or Lighting Circuits in. Same Enclosure: Identify each conductor with source,voltage,circuit number, and phase. Use color coding for voltage and phase indication of secondary circuit. 3. Multiple Control and Communications Circuits in Same Enclosure: Identify each conductor by its system and circuit designation. Use consistent system of tags, color coding, or cable marking tape. O. Apply warning, caution, and instruction signs and stencils as follows: 1. Install warning, caution, and instruction signs where indicated or required to ensure safe operation and maintenance of electrical systems and of items to which they connect. Install engraved,plastic laminated instruction signs with approved legend where instructions or explanations are needed for system or equipment operation. Install butyrate signs with metal backing for outdoor items. 2. Emergency Operating Signs: Install engraved laminate signs with white legend on red background with minimum 3/8 in. (9 mm) high lettering for emergency instructions on power transfer, load shedding, and or emergency operations. P. Install identification as follows: 1. Apply equipment identification labels of engraved plastic laminate on each major unit of equipment, including central or master unit of each system. This includes communication,signal control,and alarm systems,unless units are specified with their own self-explanatory identification. Except as otherwise indicated,provide single line of text with 1/2 in: (13 mm) high lettering on 1 1/2 in. (38 mm) high label; where 2 lines of text are required, use lettering 2 in. (51 mm) high. For small control panels a smaller text maybe used by shall be clearly readable: Use black lettering on white field. Use red lettering on white field where shown on plans or as requested by Engineer or Owner. Apply labels with stainless screws for each unit of following categories of equipment. a. Panelboards, electrical cabinets, and enclosures. b. Access doors and panels for concealed electrical items. 16195-8 Page 8 of 10 ELECTRICAL IDENTIFICATION c. Electrical switchgear and switchboards. d. Electrical substations. e. Motor control centers and control panels. f. Motor starters. g. Push button stations. h. Power transfer equipment. • i. Contactors. j. Remote controlled switches. k. Dimmers. 1. Control devices. m. Transformers. n. Inverters. o. Rectifiers. P. Frequency converters. q. Battery racks. r. Power generating units. s. Telephone equipment. 2. Apply designation labels of engraved plastic laminate for disconnect switches, breakers, push buttons,pilot lights, motor control centers, and similar items for power distribution and control components above, except panelboards and alarm/signal components where labeling is specified elsewhere. For panelboards, provide framed,typed circuit schedules with explicit description and identification of items controlled by each individual breaker. P` 16195-9 Page 9 of 10 ELECTRICAL IDENTIFICATION 3. For control panels the nameplate designation shall be according to the control, alarm or status function indicated on the control diagrams, one-line diagrams, details as required in other applicable specifications for this project. 4. Provide nameplate designations list and nameplate and text size for Engineer's and/or Owner's approval as required by 1.02 of this specification. END OF SECTION 16195-10 Page 10 of 10 ELECTRIC SERVICE SECTION 16401 ELECTRIC SERVICE PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected© specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SUMMARY A. Electric Utility Charges: 1. Electric Utility charges for extension of distribution system to point of service termination and meters will be paid by Owner, except where bid allowance is indicated or, except where noted otherwise on plans or in other specifications. 1.02 DEFINITIONS A. Electric Utility: Local Electric Power Company. 1.03 QUALITY ASSURANCE A. Regulatory Requirements: • 1. National Fire Protection Association (NFPA): a. NFPA No. 70-93 -National Electrical Code (NEC). PART 2 PRODUCTS 2.01 ELECTRIC SERVICE A. Electric Service Characteristics: 16401-1 03/23/2004 Page 1 of 3 (,,111. ELECTRIC SERVICE 1. As indicated on Drawings and provided by Electric Utility. 2. Where 480 volt delta service is provided, adjust electrical wiring and select all devices to accommodate that type service. 3. Allow for aerial or underground service equipment in bid as determined by Power Company. Most stringent requirements shall be provided at no additional cost to Owner. B. Service Pole Location: 1. For water plant and well facilities locate Owner's service pole outside fence line, arrange such that access to motor does not require entry to plant. Coordinate with other trades working on this project to assure proper installation of fence around service pole. Contact Engineer prior to construction. Provide submittal for review by owner, Engineer and Power Company. PART 3 EXECUTION 3.01 PREPARATION A. Confirmation of Electric Service: 1. Consult with Electric Utility to verify service information specified and shown on Drawings. 2. Include deviations required by Electric Utility from contract documents to comply with Electric..Utility standards and requirements. 3. Relocate service pole or structure up to (10) ten feet to maintain clearance required by Electric Utility Company or to maintain other clearances. Relocate service pole or structure up to (10) ten feet to maintain clearance required by Electric Utility Company or to maintain other clearances. Coordinate exact point of service with Power Company and locate customer service pole within distance of Power Company pole as per Power Company Standards. Failure to coordinate location is at expense of Contractor and at no additional cost to Owner. B. Metering: i� 16401-2 03/23/2004 Page 2 of 3 ELECTRIC SERVICE 1. Consult with Electric Utility regarding service entrance requirements and metering equipment. 2. Install metering equipment and empty conduit for metering conductors to meet standards and requirements of Electric Utility. C. Application for Electric Service. 1. Obtain required forms from Electric Utility. 2. Assist Owner in completion of forms and deliver completed forms to Electric Utility. 3. Coordinate schedule for installation of electric service with Electric Utility. 4. Notify utility company,within 30 days ofproject start date,that permanent service will be required for this project. Specify date required and location of project. 5. Notify Owner and Engineer, in writing of date service applied for, date to be installed, Power Company contact name and telephone number and copy of "Outlet Location Data"report as this information become available. END OF SECTION 16401-3 03/23/2004 Page 3 of 3 UNDERGROUND DUCT BANKS SECTION 16402 UNDERGROUND DUCTBANKS PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected© specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SECTION INCLUDES A. Underground electrical duct banks. 1.02 REFERENCES A. National Fire Protection Association(NFPA): No. 70 -National Electrical Code(NEC) Appendix B. 1.03 SUBMITTALS A. Submit all products covered under this specification for Engineer's approval. B. Catalog cut sheets of the ducts and spacers. C. With each submittal,include a copy of the applicable specification(s)page(s)for the item submitted and mark "Complies" or "Non-Compliance" or "Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. 1.04 DELIVERY, STORAGE AND HANDLING A. Have duct spacers and associated hardware packed and crated to avoid damage during shipment and handling. B. Clearly mark packages or crates stating that the material is for electrical duct banks only. 16402-1 Page 1 of 4 UNDERGROUND DUCT BANKS PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Thomas and Betts. B. Underground Devices Inc. C. Walker Division, Butler Manufacturing Company. 2.02 MATERIALS AND EQUIPMENT A. ' Conduit: Construct ducts using schedule 80 rigid PVC conduit. Refer to Section 16111 - Conduit, Fittings and Bodies. B. Spacers: Secure conduit with non-magnetic,universal,interlocking-type spacers for both horizontal and vertical duct arrangements. C. Concrete: Use steel reinforced,red concrete as duct encasement. PART 3 EXECUTION 3.01 PREPARATION A. Verify from Drawings and field survey that the location of ductbanks does not interfere with any existing or new underground facilities. B. Verify that materials are on site in proper condition and that sufficient quantity is on hand for the work. C. Verify that trenches are in the correct places and prepared with sufficient depth and width to accommodate the duct banks, reinforcing rod, and concrete. D. Be prepared for inspection of the duct banks before reinforcing rod is installed. E. Before pouring concrete, verify that the ducts are free of debris and properly installed in the support and spacer systems and that the ducts are properly fitted together and fiunly held in place by the hold down hardware. F. Provide 24-hour notice to Engineer and the Local Code Inspector for cover-up inspection Cu.' before pouring electrical conduit ductbanks. 16402-2 Page 2 of 4 • UNDERGROUND DUCT BANKS 3.02 INSTALLATION A. Use the size and types of conduit as indicated on the Drawings for the various duct banks required for the project. B. Make duct bank installations and penetrations through foundation walls watertight. C. Assemble duct banks using non-magnetic saddles, spacers and separators. Position separators to provide 3 inch minimum concrete separation between the outer surfaces of the conduits. D. Provide a 3-inch minimum concrete covering on both sides, top and bottom of concrete envelopes around conduits. Add red dye at the rate of 10 pounds per cubic yard to concrete used for envelopes for easy identification during subsequent excavation. E. Firmly fix ducts in place during pouring of concrete. Carefully spade and vibrate the concrete to ensure filling of spaces between ducts. F. Make bends with sweeps of radius not less than 6 times the smallest diameter of the raceway. G. Make a transition from non-metallic to metallic rigid conduit where duct banks enter structures or turn upward for continuation above grade. H. Make bends of 30 degrees or more using rigid galvanized steel. I. Reinforce duct banks throughout, where indicated on the Drawings. 1. Unless otherwise noted on the Drawings,reinforce with No. 5 longitudinal steel bars placed at each corner and along each face at a maximum parallel spacing of 12 inches on centers, and No. 5 tie-bars transversely placed at 18-inch maximum longitudinal_intervals. 2. Maintain a maximum clearance of 3 inches from bars to the edge of the concrete encasement. J. Where ducts enter structures such as handholes, manholes, pull boxes, or buildings, terminate the ducts in suitable end bells,insulated L-bushings,Meyers hubs or couplings on steel conduits. Tag conduit entering pull boxes with stamped, stainless steel tags. Identify as designated in cable and conduit schedule. t 16402-3 Page 3 of4 UNDERGROUND DUCT BANKS K. Do not backfill with material containing large rock, paving materials, cinders, large or sharply angular substances, corrosive material, or other materials which can damage or contribute to corrosion of ducts or prevent adequate compaction of fill. L. Install a bare stranded copper duct bank ground in each duct bank envelope. Make ground electrically continuous throughout the entire duct bank system. Connect ground to switchgear and MCC ground buses and to steel conduit extensions of the underground duct system. M. After completion of the duct bank and prior to pulling cable,pull a mandrel,not less than 12 inches long and with a cross section approximately one-fourth inch less than the inside cross section of the duct, through each duct. Then pull a rag swab or sponge through to remove any particles of earth, sand or gravel that may have been left in the duct. Re-pull the rag or sponge swab until the swab emerges clean. N. Use hemp rope to pull conductors into PVC conduit. Do not use nylon or wire cable for this purpose. O. Install a warning ribbon approximately 12 inches below finished grade over underground duct banks. Refer to Section 16195 -Electrical Identification. P. For manholes and pull boxes below grade, install wire racks to support cables properly around the perimeter and keep them dry. Q. For manholes and pull boxes below grade, construct a french drain, or other drainage as detailed on the Drawings. END OF SECTION 16402-4 Page 4 of 4 PANELBOARDS SECTION 16470 PANELBOARDS PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected©specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SUMMARY A. Section Includes: 1. Lighting and power panelboards and associated auxiliary equipment rated 600 V or less. 1.02 REFERENCES A. Institute of Electrical and Electronic Engineers (IEEE): 1. IEEE C62.1-89 -Standard for Gap Silicon-Carbide Surge Arrestors for AC Power Circuits. 2. IEEE C62.112 87 - Standard for Metal-Oxide Surge Arrestors for AC Power Circuits. B. National Electrical Manufacturers Association(NEMA): 1. NEMA PB.1-90 -Panelboards. 2. NEMA PB1.1-91 - General Instructions for Proper Installation, Operation and Maintenance of Panelboards Rated 600 volts or less. 16470-1 Page 1 of 10 •�, PANELBOARDS C. Underwriter's Laboratory(UL): 1. UL 486A-86- Wire Connectors and Soldering Lugs for Use with Copper Conductors, 7th Edition. 2. UL 870-85 - Wireways, Auxiliary Gutters, and Associated Fittings, 5th Edition. 1.03 DEFINITIONS A. Load Center: Panelboard with thermal magnetic circuit-breaker branches, primarily of bolt-on type, designed for residential and light commercial projects, operating at 240 V and below, available in both single and 3-phase versions, and equipped with combination flush/surface mounting trim. Plug-in type breakers are not allowed. B. Overcurrent Protective Device (OCPD): Device operative on excessive current that causes and maintains interruption of power in circuit it protects. 1.04 SUBMITTALS A. Submit the following for Engineer's approval. B. Product Data: 1. For each type panelboard, accessory item, and component specified. 2. Identification materials. C. Shop Drawings: 1. Dimensioned plans, sections, and elevations. 2. Tabulations of installed devices,major features, and voltage rating. 3. Include: a. Enclosure type with details for types other than NEMA Type 1. b. Bus configuration and current ratings. c. Short-circuit current rating of panelboard. 16470-2 Page 2 of 10 PA.NELBOARDS d. Features, characteristics, ratings, and factory settings of individual protective devices and auxiliary components. D. Wiring diagrams detailing schematic diagram including control wiring, and differentiating between manufacturer-installed and field-installed wiring. E. Report of field tests and observations in accordance with this section. F. Maintenance and Operations Data: 1. Include instructions for testing circuit breakers. G. With each submittal,include a copy of the applicable specification(s)page(s)for the item submitted and mark "Complies" or `Non-Compliance" or "Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. ,ram 1.05 QUALITY ASSURANCE A. Items provided under this section shall be listed or labeled by UL or other Nationally Recognized Testing Laboratory(NRTL). 1. Terms "NRTL" shall be as defined in OSHA Regulation 1910.7. 2. Terms "listed" and "labeled" shall be as defined in National Electrical Code, Article 100. B. Regulatory Requirements: 1. National Electrical Code(NEC): Components and installation shall comply with National Fire Protection Association(NFPA) 70. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Square D Co. B. General Electric 16470-3 Page 3 of 10 • 00W PANELBOAI2DS t C. Eaton Corp. • D. Or equal. 2.02 PANELBOARDS, GENERAL REQUIREMENTS A. Construction in accordance with NEMA PB 1. B. Overcurrent Protective Devices (OCPD's): 1. Provide type, rating, and features as indicated. 2. Comply with Section 16475 with OCPD's adapted to panelboard installation. 3. Tandem circuit breakers shall not be used. 4. Multi-pole breakers shall have common trip. C. Enclosures: 1. Cabinets, flush or surface mounted as indicated. NEMA Type 1 enclosure, shall be used indoors, except where other enclosure requirements are indicated. All outdoor enclosures shall be NEMA 4X stainless steel. This includes indoor locations such as wastewater process areas and environmentally harsh locations. _ D. Front: 1. Secure to box with concealed trim clamps except as indicated. 2. Front for surface-mounted panels shall be same dimensions as box. 3. Fronts for flush panels shall overlap box except as otherwise specified. E. Directory Frame: Metal, mounted inside each panel door. F. Bus: Hard drawn copper of 98.percent conductivity. G. Main and Neutral Lugs: Mechanical type. H. Equipment Ground Bus: Adequate for feeder and branch-circuit equipment ground r conductors. Bonded to box. 16470-4 Page 4 of 10 PANELBOARDS Service Equipment Approval: Listed for use as service equipment for panelboards having main service disconnect. J. Provision for Future Devices: Equip with mounting brackets, bus connections, and necessary appurtenances,for the OCPD ampere ratings indicated for future installation of devices. K. Special Features: Provide following features for panelboards as indicated. 1. Isolated Equipment Ground Bus: Adequate for branch-circuit equipment ground conductors; insulated from box. 2. Split Bus: Vertical bus of indicated panels divided into two vertical sections with connections as indicated. 3. Extra Gutter Space: Dimensions and arrangement as indicated. 4. Auxiliary Gutter: Conform to UL 870. 5. Column-Type Panelboard Configuration: Narrow cabinet extended as wirewayto overhead junction box equipped with ground and neutral terminal buses. 6. Sub-feed: OCPD or lug provision as indicated. 7. Feed-Through Lugs: Sized to accommodate feeders indicated. 8. Surge Arresters: For panelboards as indicated on Plans. a. Comply with IEEE C62.11 or IEEE C62.1. b. Description: Coordinate impulse sparkover voltage with system circuit voltage and provide factory mounting with UL-recognized mounting device. 2.03 LOAD CENTERS A. Provide load-center-type panelboards only where specifically indicated. B. OCPD's: Plug-in full module (nominal 1-in. width) circuit breaker. C. Circuit Breakers for Switching Lights at Panelboards: Indicated type SWD. 16470-5 Page 5of10 PANELBOARDS D. Circuit Breakers for Equipment Marked HCAR Type: Indicated HCAR type. E. Interiors: Provide physical means to prevent installation of more OCPD's than quantity for which enclosure was listed. F. Main, Neutral, and Ground Lugs and Buses: Mechanical connectors for conductors. 2.04 LIGHTING AND APPLIANCE BRANCH CIRCUIT PANELBOARDS A. Branch OCPD's: Bolt-on circuit breakers,replaceable without disturbing adjacent units. B. Doors: In panel front,with concealed hinges. Secure with flush catch and tumbler lock, all keyed alike. 2.05 DISTRIBUTION PANELBOARDS A. Branch-Circuit Breakers: Where OCPD's are indicated to be circuit breakers,use bolt-on breakers except circuit breakers 225-ampere frame size and greater maybe plug-in type where individual positive locking device requires mechanical release for removal. B. Doors: 1. In panel front, omit single panelboard door in cabinet front for fusible switch panelboards except as indicated. 2. Secure with vault-type with tumbler lock, all keyed alike. 2.06 ACCESSORY COMPONENTS AND FEATURES A. Accessory Set: Include tools and miscellaneous items as required for overcurrent protective device test,inspection, maintenance, and operation. B. Portable Test Set: Arranged to permit testing of functions of solid-state trip devices without removal from panelboard. C. Spare Fuse Cabinet: Identified, compartmented, lockable steel box or cabinet with compartments suitable for surface mounting on wall. 2.07 IDENTIFICATION r A. General: Provide nameplates for all panelboards. 16470-6 Page 6 of 10 r.", PANELBOARDS B. Panelboard Nameplates: Engraved laminated plastic for each panelboard. PART 3 EXECUTION 3.01 INSTALLATION A. General: Install panelboards and accessory items in accordance with NEMA PB 1.1, and manufacturers'written installation instructions, and approved submittals. B. Mounting Heights: Top of trim 6 ft 2-in. above finished floor, except as indicated. C. Mounting: 1. Plumb and rigid without distortion of box. 2. Mount flush panels uniformly flush with wall finish. �, . D. Circuit Directory: Typed and reflective of final circuit changes required to balance panel loads. Obtain approval before installing. E. Install filler plates in unused spaces. F. Provision for Future Circuits at Flush Panelboards: 1. Stub four 1-inch empty conduits from panel into accessible ceiling space or space designated to be ceiling space in future. 2. Stub four 1-inc4 empty conduits into raised floor space or below slab other than slabs on grade. G. Auxiliary Gutter: Install where a panel is tapped to a riser at an intermediate location. H. Wiring in Panel Gutters: Train conductors neatly in groups,bundle, and wrap with wire ties after completion of load balancing. 3.02 IDENTIFICATION A. Identify field-installed wiring and components and provide warning signs in accordance with Section 16195. 16470-7 Page 7 of 10 PANELBOARDS 3.03 GROUNDING A. Connections: Make equipment grounding connections for panelboards as indicated. B. Provide ground continuity to main electrical ground bus indicated. C. Ground in accordance with Section 16452. 3.04 CONNECTIONS A. Tighten electrical connectors and terminals, including grounding connections, in accordance with manufacturer's published torque- tightening values. Where manufacturer's torque values are not indicated, use those specified in UL 486A. 3.05 FIELD QUALITY CONTROL • A. Perform tests on low-voltage power panelboards and accessories. B. Upon completing installation of system,perform following tests: 1. Make insulation resistance tests of panelboard buses,components,and connecting supply, feeder, and control circuits. 2. Make continuity tests of circuits. C. Quality Control Program. 1. Procedures: Make field tests and inspections and prepare panelboard for satisfactory operation in accordance with manufacturer's recommendations and these specifications. 2. Notify Engineer at least one week in advance of testing. 3. Report Testing: a. Report written reports of tests and observations. b. Report defective materials and workmanship and unsatisfactory test results. tom` c. Include records of repairs and adjustments made. • 16470-8 Page 8 of 10 PANELBOARIDS 4. Protective Device Ratings and Settings: a. Verify indicated ratings and settings to be appropriate for final system configuration and parameters. b. Where discrepancies are found,recommend final protective device ratings and settings. c. Use accepted ratings or settings to make final system adjustments. D. Visual and Mechanical Inspection: Include following inspections and related work: 1. Inspect for defects and physical damage, labeling,and nameplate compliance with requirements of up-to-date drawings and panelboard schedules. 2. Exercise and perform operational tests of all mechanical components and other operable devices in accordance with manufacturer's instruction. 3. Check panelboard mounting, area clearances, and alignment and fit of components. 4. Check tightness of bolted electrical connections with calibrated torque wrench. Refer to manufacturer's instructions for proper torque values. 5. Perform visual and mechanical inspection and related work for overcurrent protective devices as within this section. E. Electrical tests: Include following items performed in accordance with manufacturer's instruction: 1. Insulation resistance test of buses and portions of control wiring that disconnected from solid-state devices. Insulation resistance less than 100 megohms is not acceptable. 2. Ground resistance test on system and equipment ground connections. 3. Test main and sub-feed overcurrent protective devices in accordance within this section. F. Retest: Correct deficiencies identified by tests and observations and provide retesting of panelboards. Verify by system tests that total assembly meets specified requirements. 16470-9 Page 9 of 10 PANELBOARDS 3.06 CLEANING A. Upon completion of installation, inspect interior and exterior of panelboards. B. Remove paint splatters and other spots, dirt, and debris. C. Touch up scratches and mars of finish to match original finish. D. Clean interior of panelboard. 3.07 ADJUSTING A. Adjust doors and operating mechanisms for free mechanical movement. 3.08 COMMISSIONING A. Balancing Loads: After Substantial Completion, but before Final Acceptance, conduct load-balancing measurements and circuit changes as follows: 1. Perform measurements during period of normal working load as advised by Owner. 2. Perform load-balancing circuit changes outside the normal occupancy/working schedule of the facility. Make special arrangements with Owner to avoid disrupting critical 24-hr services such as Fax machines and on-line data processing, computing, transmitting, and receiving equipment. 3. Recheck loads after circuit changes during normal load period. Record load readings before and after changes and submit test records. 4. Tolerance: Difference between phase loads exceeding 20 percent at any one panelboard is not acceptable. Re-balance and recheck as required to meet this minimum requirement. END OF SECTION 16470-10 Page 10 of 10 OVERCURRENT PROTECTIVE DEVICES SECTION 16475 OVERCURRENT PROTECTIVE DEVICES PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected©specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Section 16012 "Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SUMMARY A. Section Includes: 1 1. Overcurrent protective devices (OCPD's) rated 600 V and below and switching devices commonly used with them. 1.02 REFERENCES A. National Electrical Manufacturers Association(NEMA). 1. NEMA KS-1-83 -Enclosed Switches. 2. NEMA 250-85 -Enclosures for Electrical Equipment(1000 Volts Maximum). 3. NEMA FU1-86 -Low Voltage Cartridge Fuses. 4. NEMA AB1-86 Molded Case Circuit Breakers and Molded Case Switches. B. National Fire Protection Association (NFPA): 1. NFPA 70-90 -National Electrical Code (NEC). C. Underwriters Laboratory(UL): 1. UL 98-87 -Enclosed and Dead Front Switches. 16475-1 Page 1of15. OVERCURRENT PROTECTIVE DEVICES 2. UL 198C-86 -High-Interrupting Capacity Fuses, Current-Limiting Types. Fifth Edition. 3. UL 198E-88 - Class RFuses. Fourth Edition. 4. UL 486A-80 - Wire Connectors and Soldering Lugs for Use with Copper Conductors. Seventh Edition. 5. UL 489-86 - Molded-Case Circuit Breakers and Circuit-Breaker Enclosures. Seventh Edition. 6. UL 943-85 - Ground-Fault Circuit Interrupters. Second Edition. 7. UL 977-84-Fused Power-Circuit Devices. Third Edition. 8. UL 198L-88 -UL Standard for Safety D-C Fuses for Industrial Use. 1.03 DEFINITIONS A. Overcurrent Protective Device (OCPD): Device operative on excessive current that causes and maintains interruption of power in circuit it protects. B. Ampere-Squared-Seconds: Expression of available thermal energy resulting from current flow. With regard to current-limiting fuses and circuit breakers,ampere-squared-seconds during fault current interruption represents energy allowed to flow before fuse or breaker interrupts fault current within its current limiting range. 1.04 SUBMITTALS A. Submit all products covered under this specification for Engineer's approval. B. Shop Drawings: 1. Spare fuse cabinet showing dimensions and features including storage provision for fused cartons,where shown on plans. C. Product Data: 1. Product data for fuses, fusible switches, circuit breakers, and OCPD accessories specified in this Section, including descriptive data and time-current curves for 16475-2 Page 2 of 15 OVERCURRENT PROTECTIVE DEVICES protective devices and let-through current curves for those with current limiting characteristics. 2. Include coordination charts and tables and related data. D. Test Results: 1. Certified reports of field tests and observations. E. With each submittal,include a copy of the applicable specification(s)page(s)for the item submitted and mark "Complies" or "Non-Compliance" or "Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. F. Coordination: 1. Contractor shall determine size,horsepower,voltage and phase of all equipment and motors supplied and shall adjust breaker and fused switch size accordingly and shall note on submittals. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.05 QUALITY ASSURANCE A. Items provided under this section shall be listed and labeled by UL or other Nationally Recognized Testing Laboratory(NRTL). 1. Term "NRTL" shall be as defined in OSHA Regulation 1910.7. 2. Terms "listed" and "labeled" shall be as defined in National Electrical Code, Article 100. B. Regulatory Requirements: 1. Components and Installation: a. NFPA 70 "National Electrical Code (NEC)." b. Local codes and ordinances. C. Single-Source Responsibility: Obtain similar OCPD's from single manufacturer. 16475-3 Page 3 of 15 APLN OVERCURRENT PROTECTIVE DEVICES D. Coordinate OCPD sizes with characteristics of motors supplied for this project. Pay special attention to high efficiency motors. 1.06 MAINTENANCE A. Extra Materials: • • 1. Maintenance Stock, Fuses: For types, voltage, and ampere ratings required, furnish 10% spare fuses,but not less than 1 set of 3 of each kind. PART 2 PRODUCTS 2.01 OVERCURRENT PROTECTIVE DEVICES (OCPD'S), GENERAL A. General: Provide OCPD's in indicated types, as integral components of panelboards, switchboards, and motor control centers; and also as individually enclosed and mounted single units. B. Enclosures: NEMA 250,except that all outdoor areas and indoor environmentally harsh locations such as wastewater process areas shall be NEMA 4X stainless steel. 2.02 GENERAL FUSES A. General: Provide fuses of types,classes,and current ratings as indicated. Voltage ratings shall be consistent with circuits on which used. B. Fuses for Direct Current Circuits: UL 198L and marked for such use by manufacturer on fuse label. C. Cartridge Fuse: 1. Manufacturers: a. Bussmann Div., Cooper Industries, Inc. b. Gould Shawinut. c. Littelfuse Inc. 16475-4 Page 4 of 15 OVERCURRENT PROTECTIVE DEVICES 2. NEMA Standard FU1,unless indicated otherwise,provide nonrenewable cartridge fuses of indicated types, classes, and current ratings that have voltage ratings consistent with circuits on which used. 3. Class CC Fuses: UL 198C. 4. Class J Fuses: UL 198C. 5. Class L Fuses: UL 198C. a. Current limiting threshold of 10 times current rating or less and time delay of 4 sec at 5 times rating. 6. Class RK1 and RK5 Dual Element Time-Delay Fuses: UL 198E. 7. Class RK1 Fast-Acting Fuses: UL 198E. 2.03 FUSIBLE SWITCHES A. Manufacturers: 1. Square,D Co. 2. General Electric 3. Eaton Corp. 4. Or equal. B. UL 98 and NEMA KS 1 quick-make, quick-break heavy-duty units. C. Rating: Load-breaking capacity in excess of normal horsepower rating for switch. D. Withstand Capability: In excess of let-through current permitted by its fuse when subject to faults up to 100,000 RMS symmetrical amperes. E. Operation: By means of external handle. F. Interlock: Prevents access to switch interior except when in "off'position. G. Fuse Clips: Rejection type. 16475-5 Page 5 of 15 OVERCURRENT PROTECTIVE DEVICES H. Padlocking Provisions: For 2 padlocks, whether open or closed. I. Enclosure for Switchboard or Panelboard Mounting: Suitable for panel mounting where indicated. J. Enclosure for Switchboard Mounting: Provide individual mounting where indicated. K. Enclosure for Independent Mounting: NEMA Type 0 as indicated or required to suit environment where located,except all outdoor areas and all indoor environmentally harsh locations such as wastewater process areas shall be NEMA 4X stainless steel. 2.04 FUSED POWER CIRCUIT DEVICES A. Manufacturers: 1. Pringle Electric Mfg. Co. 2. Square D Co. 3. Or equal. B. UL 977, with either bolted-pressure-type or high-pressure contact-type switch. C. Operation: As indicated. D. Ground Fault Protection: Integral, self-powered type with mechanical ground fault indicator, test function, adjustable pick-up current and delay time with inverse and constant time characteristics, internal memory arranged to integrate intermittent arcing ground faults, and ground fault current sensor located as indicated. E. Open Fuse Trip Device: Arranged to trip switch open if phase fuse opens. F. Enclosure for Switchboard Mounting: Suitable for individual mounting. G. • Enclosure for Independent Mounting: NEMA Type 1 enclosure, as indicated or as required to suit environment where located. H. Minimum Fault Current Rating: As indicated. 16475-6 Page 6 of 15 • �.. OVERCURRENT PROTECTIVE DEVICES 2.05 MOLDED-CASE CIRCUIT BREAKERS A. Manufacturers Except as Indicated: 1. Square D Co. 2. General Electric 3. Eaton Corp. 4. Or equal. B. UL 489 and NEMA AB 1. C. Construction: Bolt-in type, except breakers in load-center-type panelboards and breakers 225-ampere frame size and larger maybe plug-in type if held in place by positive locking device requiring mechanical release for removal. D. Characteristics: Indicated frame size, trip rating, number of poles, and short-circuit interrupting capacity rating of 10,000 amperes symmetrical, unless greater rating is indicated on Drawings. E. Tripping Device: Quick-make, quick-break toggle mechanism with inverse-time delay and instantaneous overcurrent trip protection for each pole. F. Adjustable Instantaneous Trip Devices: Factory adjusted to low-trip-setting current values. G. Enclosure for Switchboard or Panelboard Mounting: Suitable for panel mounting in switchboard or panelboards where indicated. H. Enclosure for Switchboard or Motor Control Center Mounting: Provide individual mounting where indicated. I. Enclosure for Independent Mounting: NEMA Type 1 enclosure, as indicated or required to suit environment where located. J. Combination Circuit Breakers and Ground-Fault Circuit Interrupters: UL 943 arranged for sensing and tripping for ground-fault current in addition to overcurrent and short- circuit current. 16475-7 Page 7 of 15 OVERCURRENT PROTECTIVE DEVICES 1. Match features and module size of panelboard breakers and provide clear identification of ground fault trip function. 2. Trip Setting for Ground Fault: 4 to 6 milliamperes,listed and labeled as Class A, Type 1 device. 3. Trip Setting for Ground Fault: 30 milliamperes. K. Current-Limiting Circuit Breakers: Arranged to limit let-through ampere-squared-seconds during fault conditions to value less than ampere-squared-seconds of one-half-cycle wave ofprospective symmetrical fault current. Circuit breaker shall use no fusible devices in its operation. Current-limiting characteristic shall be in addition to normal time-delay and instantaneous-trip characteristics and other features as indicated. L. Circuit Breakers With Solid-State Trip Devices: Provide indicated circuit breakers with solid-state trip devices having following features: 1. Ambient Compensation: Trip device insensitive to temperature changes between minus 20°C and plus 55°C. 2. Adjustability: Breaker ratings and trip settings shall be changeable by operation of controls on front panel of breaker, by change of plug-in element without removing breaker from mounting, or by combination of 2 methods. 3. Ground-Fault Tripping: Adjustable for pick-up and time-delay values. Provide for indicated units. 4. Provide clear plastic shield limiting access to rating plug and adjustments on solid state trip circuit breaker. Seal by attaching sealing wire through hole in posts provided. With wire seal installed, circuit breaker rating plug and adjustments shall not be "readily accessible." 2.06 INSULATED-CASE CIRCUIT BREAKERS A. Manufacturers: 1. Square D Co. 2. General Electric 3. Or equal. 16475-8 Page 8 of 15 OVERCURRENT PROTECTIVE DEVICES B. UL 489 and NEMA AB 1. C. Ratings: Continuous-current,interrupting, and short-time-current ratings,and voltage and frequency ratings as indicated. D. Operating Mechanism: Mechanically and electrically trip-free, stored-energy operating mechanism with following features: 1. Moving Contacts Closing Speed: Independent of both control and operator. E. Circuit-Breaker Trip Devices: Solid-state overcurrent trip device system that includes 1 integrally mounted current transformer or sensor per phase, release mechanism, and following features: 1. Functions: Long-time-delay,short-time-delay,and instantaneous-trip functions, which are independent of each other in both action and adjustment. r 2. Temperature compensation to assure accuracy and calibration stability from minus 20°C to plus 55°C. 3. Field-adjustable, time-current characteristics. 4. Current Adjustability: Effected by operating controls on front panel or by changing plug-in elements or current transformers or sensors. 5. Three bands for long-time- and short-time-delay functions marked "minimum," "intermediate," and "maximum." 6. Five pickup points, minimum, for long-time-and short-time-trip functions. 7. Six pickup points,minimum, for instantaneous-trip functions. 8. Ground fault protection with at least 3 short-time-delay settings and 37 trip-time- delay bands. Adjustable current pickup. 9. Trip Indication: Labeled lights or mechanical indicators on trip device shall indicate type of fault causing breaker trip. If lights are used,integral power source shall maintain indication for 60 hrs, minimum. 16475-9 Page 9 of 15 OVERCURRENT PROTECTIVE DEVICES F. Auxiliary Contacts for Remote Indication: Where remote indication of breaker position is indicated,provide spare auxiliary switch in addition to other auxiliary switches required for normal breaker operation. Spare auxiliary switch shall consist of 2 Type "a" and 2 Type "b" stages (contacts), wired to terminal block in breaker housing. G. Draw out Features: Circuit-breaker mounting assembly equipped with racking mechanism that properly positions power circuit breaker and holds it rigidly in connected, test, and fully disconnected positions and includes following features: 1. Interlock arrangement, preventing movement of circuit breaker to or from connected position when it is in closed position and closure of circuit breaker Unless it is in connected, test, or disconnected position. 2. Construction,permitting racking open circuit breaker to or from connected, test, and disconnected positions with associated compartment door closed or equivalent dead-front barrier protection,and manual withdrawal to position for removal from structure with door open. 3. Primary disconnecting devices disengaged and secondary disconnecting devices engaged when breaker is in test position. 4. Primary and secondary devices disengaged when circuit breaker is in disconnected position. 5. Ground contact engaged when circuit-breaker element isin connected and test positions. H. Circuit-Breaker Features and Accessories: Include following: 1. Padlocking Provisions: For installing at least 2 padlocks on each breaker to secure its enclosure and prevent movement of draw out mechanism. 2. Operating Handle: Provide 1 for each manually operated breaker. No handle ties are permitted. 3. Electric Close Button: Provide 1 for each electrically operated breaker. 4. Indicating Lights: Contacts for"Breaker Open" and "Breaker Closed," for main and bus tie circuit breakers, and for other indicated breakers. 16475-10 Page 10 of 15 OVERCURRENT PROTECTIVE DEVICES 2.07 OCPD ACCESSORIES A. Key Interlocks: Arrange interlocking so keys are held captive at devices indicated. Where future key interlocking provisions are indicated,provide necessary mountings and hardware as required for future installation. B. Instantaneous Undervoltage Trip Device: For indicated OCPD's. C. Adjustable-Time-Delay Undervoltage Trip Devices: For indicated OCPD's. D. Shunt-Trip Devices for Circuit Breakers: Where indicated, arrange to trip breaker from external source of power through control switch or relay contacts. 2.08 SPARE FUSE CABINET (WHERE INDICATED) A. Cabinet: Wall-mounted, 18 gauge minimum steel unit with full-length, recessed piano- hinged door with key coded cam lock and pull. B. Size: Provide for orderly storage of all spare fuses of this project plus 15 percent spare capacity,minimum. C. Finish: Gray baked enamel. D. Cabinet Door: Bear legend in stenciled 1-1/2-inch high letters, "Spare Fuses." PART 3 EXECUTION 3.01 INSTALLATION A. Fuses: 1. Install fuses in fusible devices indicated. B. Independently Mounted OCPD's: 1. Locate as indicated and install in accordance with manufacturer's written installation instructions. C. Factory install OCPD's furnished in distribution equipment. 16475-11 Page 11 of 15 jr• OVERCURRENT PROTECTIVE DEVICES D. Coordinate size overcurrent protective devices with each motor and equipment manufacturer to assure correct size devices and provide accordingly. 3.02 APPLICATION OF FUSES A. Control Circuits: Class CC, time delay. B. General Purpose Fusible Switches: Apply following class and types: • 1. 30-600 Amperes: Class J or RK1, time delay. 2. 601-6,000 Amperes: Class L,time delay. a. Size at 125% of motor FLA not to exceed 150%. b. For transformers, size 12 times FLA for .1 second and 25 times for 0.1 second. c. Size at 100% of load for mains and feeders with non-inductive loads. C. Combination Starters: Class I or RK1, time delay. D. Bolted Pressure Switches: Class L, time delay. 3.03 IDENTIFICATION A. Identify with components as specified in Section 16195. 3.04 CONTROL WIRING INSTALLATION A. Install wiring between OCPD's and control/indication devices as specified in Section 16120 for hard wired connections. 3.05 CONNECTIONS A. Check connectors,terminals, bus joints, and mountings for tightness. B. Tighten field-connected connectors and terminals, including screws and bolts, in accordance with equipment manufacturer's published torque tightening values. Where manufacturer's torquing requirements are not indicated,tighten connectors and terminals to comply with tightening torques specified in UL 486A and UL 486B. 16475-12 Page 12 of 15 OVERCURRENT PROTECTIVE DEVICES 3.06 GROUNDING A. Provide equipment grounding connections for individually mounted OCPD units as indicated and as required by NEC. Tighten connectors to comply with tightening torques specified in UL Standard 486A to assure permanent and effective grounding. B. Ground in accordance with Section 16452. 3.07 COORDINATION STUDY A. Provide coordination study to determine settings for overcurrent protective devices. Where coordination study recommends changes in types, classes, features or ratings of equipment or devices those indicated, make written request for instructions. Obtain instructions from Engineer before ordering equipment or devices recommended to be changed. Make all settings and adjustments according to coordination study results. Provide hard copy records of study for Engineer's review. 3.08 FIELD QUALITY CONTROL A. Manufacturer's Field Services: 1. Supplier's or manufacturer's technician for equipment specified herein shall be present at job site or classroom designated by Owner for minimum of 1/2 workday, travel time excluded, for assistance during plant construction, plant startup, equipment adjustment, and training of Owner's personnel for plant operation. Include minimum of: a. 1/2 manday for Instructional Services. 2. Supplier or manufacturer shall direct services to specific system and equipment operation, maintenance, and troubleshooting. B. Testing: 1. Reports: Prepare certified written reports on tests and observations. Report defective materials and workmanship and unsatisfactory test results. Include complete records of repairs and adjustments made. 2. Labeling: Upon satisfactory completion of tests and related effort, apply label to tested components indicating test results, date, and responsible person. 16475-13 Page 13 of 15 �,.. OVERCURRENT PROTECTIVE DEVICES 3. Schedule visual and mechanical inspections and electrical tests with at least 1 week's advance notification. 4. Pre-testing: Upon completing installation of system, perform following preparations for tests: a. Make insulation resistance tests of OCPD buses, components, and connecting supply, feeder, and control circuits. b. Make continuity tests of circuits. c. Include full updating on final system configuration and parameters where they supplement or differ from those indicated in original Contract Documents. d. Comply with manufacturer's instructions for installation and testing of OCPD's. 5. Visual and mechanical inspection: Include following inspections and related work. a. Overcurrent-Protective-Device Ratings and Settings: Verify indicated ratings and settings to be appropriate for final system arrangement and parameters. Where discrepancies are found, test organization shall recommend final protective device ratings and settings. Use accepted revised ratings or settings to make final system adjustments. b. Inspect for defects and physical damage,NRTL labeling, and nameplate compliance with current single line diagram. c. Exercise and perform operational tests of mechanical components and other operable devices in accordance with manufacturer's instruction manual. d. Check tightness of electrical connections of OCPD's with calibrated torque wrench. Refer to manufacturer's instructions for proper torque values. e. Clean OCPD's using manufacturer's approved methods and materials. f. Verify installation of proper fuse types and ratings in fusible OCPD's. 16475-14 Page 14 of 15 OVERCURRENT PROTECTIVE DEVICES rik 6. Electrical Tests: Include following items performed in accordance with manufacturer's instructions: a. Insulation resistance test of OCPD conducting parts. Insulation resistance less than 100 megohms is not acceptable. b. Verify trip unit reset characteristics for insulated-case circuit breakers. c. Make adjustments for final settings of adjustable-trip devices. d. Activate auxiliary protective devices such as ground fault or undervoltage relays,to verify operation of shunt-trip devices. e. Check stored-energy charging motors for proper operation of motor, mechanism, and limit switches. f. Check operation of electrically operated OCPD's in accordance with manufacturer's instructions. g. Check key and other interlock and safety devices for operation and sequence. Make closing attempts on locked-open and opening attempts on locked-closed devices including moveable barriers and shutters. 7. Retest: Correct deficiencies identified by tests and observations and retest. Verify by system tests that specified requirements are met. 3.09 CLEANING A. Upon completion of installation, inspect OCPD's. Remove paint splatters and other spots, dirt, and debris. Touch up scratches and mars of finish to match original finish. • END OF SECTION 16475-15 Page 15 of 15 MANUAL TRANSFER SWITCH SECTION 16494 MANUAL TRANSFER SWITCH PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected© specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012`Electrical Work"for additional requirements. Failure to-do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SECTION INCLUDES A. Section Includes: 1. Manual Transfer Switch 1.02 REFERENCES A. American National Standards Institute (ANSI): 1. C37.90.1-89 - Standard Surge Withstand Capability(SWC) Tests for Protective Relays and Relay Systems. B. National Electrical Manufacturers Association (NEMA): , 1. ICS 1-88 - General Standards for Industrial Control and Systems. C. National Fire Protection Association(NFPA): 1. NFPA No. 70-96 -National Electrical Code (NEC). 2. NFPA No. 110-88 - Standard for Emergency and Standby Power Systems. D. Underwriters Laboratories,Inc. (UL): ( 1. 486A-91 -Wire Connectors and Soldering Lugs for Use with Copper Conductors. 16494-1 Page 1 of 6 MANUAL TRANSFER SWITCH 2. 508-89 - Industrial Control Equipment. 3. 1008-89 -Automatic Transfer Switches. 1.03 SUBMITTALS A. Submit all products covered under this specification for Engineer's approval. B. Product Data: 1. Submit for each transfer switch, including dimensioned plans, sections, and elevations showing minimum clearances; conductor entry provisions;gutter space; installed features and devices; and materials lists. 2. Wiring diagrams,elementary or schematic,differentiating between manufacturer- installed and field-installed wiring. 3. Single-line diagrams of transfer switch units showing connections between transfer switch, emergency source, normal source, and load, plus interlocking provisions. C. Test Results: 1. Certified reports of field tests and observations. D. Miscellaneous: 1. Manufacturer's certificate of compliance to referenced standards and tested short- circuit closing and withstand ratings applicable to protective devices and current ratings used in this Project, as indicated and as specified in this section. E. Operation and Maintenance(O&M)Data: 1. Include features and operating sequences, automatic and manual. 2. Submit to Engineer for approval. F. With each submittal,include a copy of the applicable specification(s)page(s)for the item submitted and mark "Complies" or "Non-Compliance" or"Exception" adjacent to the applicable paragraph. Identify applicable drawing sheet number and specification section on front of each submittal cover. 16494-2 Page 2 of 6 MANUAL TRANSFER SWITCH 1.04 QUALITY ASSURANCE A. Manufacturer's Qualifications: Firms experienced in manufacturing equipment of types and capacities indicated and having record of successful in-service performance. B. Emergency Service: Manufacturer maintains service center capable of providing emergency maintenance and repairs at Project site with 8-hr maximum response time. C. Items provided under this section shall be listed or labeled by UL or other Nationally Recognized Testing Laboratory(NRTL). 1. Term."NRTL" shall be as defined in OSHA Regulation 1910.7. 2. Terms "listed" and "labeled" shall be as defined in National Electrical Code (NEC), Article 100. D. Regulatory Requirements: 1. National Electrical Code: Components and installation shall comply with NFPA No. 70. E. Single Source Responsibility: Obtain and remote annunciator and control panels from single manufacturer that assumes responsibility for system components furnished. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Square D B. Cutler-Hammer C. Or pre-approved equal,in writing. 2.02 TRANSFER SWITCH PRODUCTS, GENERAL A. Number of Poles and Current and Voltage Ratings: As indicated. 1. Knife type switch with external operating handle located on side of enclosure. Csirk 16494-3 Page 3 of 6 MANUAL TRANSFER SWITCH 2. Manufactured, off-the-shelf switch. Not one-of-a-kind construction. B. Neutral Terminal: Where 2- or 3-pole switches are indicated,provide fully rated, solid, un-switched neutral terminal except as indicated. C. Enclosures: General purpose, NEMA 1, conforming to UL 508, except as otherwise indicated for indoor use. NEMA 4X stainless steel for outdoor use or,NEMA 3R where specifically shown for locations exposed to water. D. Factory Wiring: Train and bundle factory wiring and identify consistently with Shop Drawings, by color code or by numbered or lettered wire and cable tape markers at terminations. 1. Designated terminals accommodate field wiring. 2. Power Terminals Arrangement and Field Wiring Space: Suitable for top, side or bottom entrance of feeder conductors as indicated. 3. Terminals: Pressure type, suitable for copper or aluminum conductors of sizes indicated. 4. Control Wiring: Equipped with lugs suitable for connection to terminal strips. E. Switch Action: Mechanically held in both directions for double-throw switches. F. Switch Contacts: Use silver composition for switching load current. Provide separate arcing contacts for units rated 225 amps and more. G. Fused switches shall be provided only where noted on plans. 2.03 FINISHES A. Enclosures: NEMA 1 and NEMA 3R Manufacturer's standard enamel over corrosion- resistant pretreatment and primer;NEMA 4X 316 stainless steel. 2.04 SOURCE QUALITY CONTROL A. Factory test components, assembled switches,and associated equipment to ensure proper operation. Perform dielectric strength test conforming to NEMA ICS 1. 16494-4 Page 4 of 6 MANUAL TRANSFER SWITCH PART 3 EXECUTION 3.01 INSTALLATION A. Floor Mounting of Transfer Switches: 1. Where concrete slab is indicated under transfer switch location, provide legs on switch and 4-in. high concrete foundation pad. 2. Level and anchor unit to equipment pad. B. Rack mounted switch to be installed on stainless steel unistrut rack as shown on plans. C. Identify components in accordance with Section 16195. 3.02 CONNECTIONS A. Tighten factory-made connections and field connections, including connectors and terminals, screws and bolts, according to equipment manufacturer's published torque tightening values. B. When manufacturer's torquing requirements are not indicated, tighten connectors and - terminals to comply with tightening torques specified in UL 486A. 3.03 GROUNDING A. Make equipment grounding connections for transfer switch units as indicated and as required by NEC. B. Ground in accordance with Section 16452. 3.04 FIELD QUALITY CONTROL A. Manufacturer's Field Services: 1. Supplier or manufacturer shall direct services to specific system and equipment operation, maintenance, field tests, and troubleshooting. B. Preliminary Tests: Pedal," electrical tests as recommended by manufacturer and as follows. 16494-5 Page 5 of 6 MANUAL TRANSFER SWITCH 1. Measure phase-to-phase and phase-to-ground insulation resistance levels with insulation resistance tester. Use test voltages and procedure recommended by manufacturer. Meet manufacturer's specified minimum resistance. 2. Check for electrical continuity of circuits and for short circuits. END OF SECTION • 16494-6 Page 6 of 6 • TELEPHONE SERVICE ENTRANCE SECTION 16740 TELEPHONE SERVICE ENTRANCE PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected© specification is issued confidentially for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 REFERENCES A. Local Telephone Company standards. B. Telephone Service Provider Company Standards (for SCADA lines). 1.02 QUALITY ASSURANCE A. Items provided under this section shall be listed or labeled by UL or other Nationally Recognized Testing Laboratory(NRTL). 1. Term "NRTL" shall be as defined in OSHA Regulation 1910.7. 2. Terms "listed" and "labeled" shall be as defined in National Electrical Code, Article 100. B. Regulatory Requirements: 1. National Electrical Code: Components and installation shall comply with NFPA 70. 16740-1 Page lof4 03/23/2004 TELEPHONE SERVICE ENTRANCE PART 2 PRODUCTS 2.01 TELEPHONE SERVICE A. Provide as indicated on Drawings and as required by Telephone Utility. B. Contact the Engineer for the type of SCADA telephone lines and the Telephone Service Provider, where different from local Telephone Company,to contact for coordination of service installation. Unless otherwise specified, all SCADA lines to remote sites shall be point-to-point only. No Telephone Company Central Office bridging is allowed unless approved by Engineer in writing. Where multiple lines are bridged at SCADA RTU or PLC,proper impedance matching isolation networks (resistive or reactive) shall be used according to acceptable standards. C. Autodialer lines shall be standard voice grade dial out/in telephone line. Special type lines are not to be installed unless specifically approved by Engineer in writing. D. Notify Engineer in writing of type line ordered immediately after order is placed and before it is installed. Provide Telephone Company contact name, installation order number, installation date, quoted installation cost estimate and monthly line charges for each separate line. E. Provide separate dial-in type line for supervisory control of telemetry, SCADA RTU,PLC or pump controller from a remote location. F. Provide for either aerial or underground service, whichever is offered by Telephone Company and,include sufficient amount in bid cost to cover the most stringent condition. 2.02 MATERIALS A. Service Entrance: 1. Conduit, as shown on plans or as required for service specified. B. Conduit System: 1. Comply with Section 16111. 2. Provide grounding bushings on conduits at terminal boards. C. Terminal Cabinets: Comply with Section 16135. 16740-2 03/23/2004 Page 2 of 4 TELEPHONE SERVICE ENTRANCE D. Outlets: 1. Outlet plates to match telephone jacks. PART 3 EXECUTION 3.01 PREPARATION A. Telephone Service: 1. Consult with Telephone Utility to verify service information for installation specified herein and shown on drawings. Consult with Engineer for SCADA Telephone Service Provider information, where applicable. 2. Assist Owner in ordering proper telephone service for autodialer and/or SCADA applications and maintain contact with Telephone Company for final coordination and installation of lines on schedule. Order shall be placed within thirty(30) days after award of contract. Failure to do so will be at expense of Contractor and Engineer or Owner may require this service be provided by others and billed to Contractor. Notify Engineer and Owner of scheduled installation date. 3. Engineer will advise Contractor and Owner of proper telephone service requirements for SCADA system use. 4. Telephone service installation charges for SCADA communications and alarm autodialer will be paid by Owner, except where bid"allowance" is indicated or, except where noted otherwise on plans or in other specifications. 5. Contractor shall coordinate telephone service application and installation and shall be responsible for timely application for service. 6. Contractor shall have proper equipment and trained technicians for testing telephone lines for satisfactory installation once lines are installed by Telephone Company or, shall contract this service to a technically qualified firm who can test lines. 16740-3 Page 3 of 4 03/23/2004 TELEPHONE SERVICE ENTRANCE 3.02 INSPECTION A. Examine areas and conditions under which telephone service entrance and conduit system is to be installed and notify Engineer in writing of conditions detrimental to proper and timely completion of work. 3.03 INSTALLATION A. Install conduit system and service entrance as shown on Drawings and in accordance with Section 16111. B. Terminate service conduit in telephone equipment area at mounting panel as indicated on Drawings. C. Install telephone cable in conduits. D. Telephones and cables up to service point to be by Telephone Utility. 1. Coordinate ditching, supplying, and backfilling with Telephone Utility. E. All telephone lines for multi-point SCADA installations shall be teiuiinated in telephone cabinet, CCU, RTU or controller and shall be bridged together, where required, with proper telephone line impedance matching network to isolate each line such that shorting of one line will not effect operation of remaining lines or,where indicated on plans, each line shall terminate into individual modems with separate communication line inputs to controller,RTU or CCU. Provide submittal for Engineer's approval. 3.04 TESTING A. For S CADA or Telemetry applications,Contractor shall test lines from point to point with proper test equipment and verify line is satisfactory and ready for applying data signals. Contact Engineer, S CADA RTU installer and SCADA Programmer when line is ready for use. Coordinate tests with Telephone Service Provider. END OF SECTION 16740-4 03/23/2004 Page 4 of 4 TELEPHONE AUTOMATIC DIALER SYSTEM SECTION 16935 TELEPHONE AUTOMATIC DIALER SYSTEM PART 1 GENERAL 1.00 CONDITIONS A. This copyright protected©specification is issued confidentially by Shrader Engineering Company,Inc. for this specific project only. Reproduction of this document for any other purpose is prohibited. B. Refer to Specification 16012"Electrical Work"for additional requirements. Failure to do so will be at expense of Contractor and at no additional cost to Owner. 1.01 SYSTEM DESCRIPTION A. Design Requirements: 1. Electronic system shall interface plant alarms to public telephone system on pre- selected basis. 2. Upon receipt of one or more critical alarm trips, electronic system will automatically dial out onto public phone system (up to 16 specified telephone numbers)with preprogrammed messages. 3. System shall continue calling until call completed and acknowledged. 4. Description &Phone Number Dialing: a. The dialer shall be a solid state component capable of dialing up to 16 phone numbers, each up to. 24 digits in length. Phone numbers and Standard pulse dialing or Touch Tone DTMF dialing are user programmable via the system's keyboard or Touch Tone Phone. 5. Solid State Voice Message Recording and Playback: a. The unit shall have two different categories of speech message capability, all implemented with permanent non-volatile solid state circuitry with no mechanical tape mechanisms. 16935-1 03/23/2004 Page 1 of 5 TELEPHONE AUTOMATIC DIALER SYSTEM The unit shall allow for message recording from a remote telephone as well as from the front panel. b. User Field Recorded Messages: The user may record and re-record his own voice messages, for each input channel and for the Station ID. c. There shall be no limit on the length of any particular message,within the overall available message recording time,which shall be 40 seconds for 4 channel units; 80 seconds for 8 channel units, and 160 seconds for 16 or more channels. d. The unit shall allow selective recording of both Normal and Alarm advisory messages for each input channel. e. The unit shall provide for automatic setting of the optimum speech memory usage rate for the total set of messages recorded, in order to achieve optimum recording sound quality. f. Circuit board switches or jumper straps shall not be acceptable means of manipulating message length or recording rates. g. Permanent Resident Non Recorded Messages: Permanent built-in messages shall be included to support user programming operations, to provide supplemental warning messages such as advising that the alarms have been disabled, and to allow the unit to be fully functional even when the installer has not recorded any messages of his own. 6. Nonvolatile Program Memory Retention: a. User-entered programming and voice message shall be kept intact even during power failures or when all power is removed for up*to ten years. 7. Acknowledgment: a. Acknowledgment of an alarm phone call is to be accomplished by pressing a Touch Tone"9" as the alarm call is being received,and/or by returning a phone call after received an alarm call. 8. Input Monitoring Function: 16935-2 03/23/2004 Page 2 of 5 r"L^ TELEPHONE AUTOMATIC DIALER SYSTEM a. The unit shall continuously monitor the presence of AC power and the status of multiple contact closure inputs. Unit shall optionally be field upgradeable to incorporate a total of 8, 16, 24, or 32 dry contact inputs. AC power failure, or violation of the alarm criteria at any input, shall cause the unit to go into alarm status and begin dial-outs. Unit shall, upon a single program entry, automatically accept all input states as the normal non-alarm state, eliminating possible confusion about Normally Open versus Normally Closed inputs. Further, as a diagnostic aid, unit shall have the capability of directly announcing the state of any given input as currently "Open Circuit" or "Closed Circuit", without disturbing any message programming. Each input channel shall also be independently programmable, without need to manipulate circuit board switches or jumpers, as Normally Open or Normally Closed,or for No Alarm (status only),or for Pulse Totalizing, or for Run Time Metering. 9. Alarm Message: a. Upon initiating an alarm phone call, the system is to "speak" only those channels that are currently in "alarm status". 10. .Diagnostics: a. The unit shall provide a complete verbal report of all programmable functions and their programmed values on command from any remote Touch Tone phone. 11. Speakerphone: a. The unit shall be capable of dialing any phone number on command and function as a speakerphone. 12. Inquiry Message and Function: a. Inquiry phone calls can be made directly to the unit at any time from any telephone, locally or long distance, for a complete status report of all variables being monitored, including power status. 16935-3 Page 3 of 5 03/23/2004 TELEPHONE AUTOMATIC DIALER SYSTEM PART 2 PRODUCTS 2.01 MANUFACTURERS A. Raco. B. Or pre-approved equal. 2.02 DIALER A. Model: Verbatim B. Enclosure: NEMA 12 indoor and NEMA 4X out door surface mount. C. Remote Reset: Alarm acknowledged by either depressing touch-tone key or calling dialer back when alarm acknowledged from non-touch-tone telephone. D. The dialer is to use a standard rotary pulse or Touch Tone "dial-up"phone line (direct leased line not to be required) and is to be F.C.C. approved. Connection to the telephone is through a 4-pin modular jack (RJ-11). E. All power, phone line, dry contact, and analog signal inputs shall be protected at the circuit board MEE Standard 587,categoryB(6,000 volts open circuit/3,000 amps closed circuit). Gas tubes followed by solid state protectors shall be integral to the circuit board for each such line. Protectors mounted external to the main circuit board shall not be an acceptable substitute. The installer shall provide a good electrical ground connection point near the unit to maximize the effectiveness of the surge.protection. F. The dialer shall be covered by athree(3)year warranty. Cover parts and labor performed at the factory. G. Operating Temperature: 32 F to 160 F. H. Operating Humidity: 0%to 90%. I. Output: To standard phone line through integral FCC approved alarm coupler. J. Power: 120 vac, 60 Hz. IC. 20 hour battery backup. 16935-4 03/23/2004 Page 4 of 5 TELEPHONE AUTOMATIC DIALER SYSTEM L. All features per manufacturers catalog data. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's written instructions and approved submittals. B. Wire each device, program test and utility unit to be suitable for operation. C. Contractor shall provide fail and problem alarms for all devices,equipment,controls,and generator and route to autodialer. Provide expansion modules and programming as required. D. Contractor shall provide fail and problem alarms for all devices,equipment,controls,and generator and route to autodialer. Provide expansion modules and programming as required. END OF SECTION • 1693 5-5 03/23/2004 Page 5 of 5 NCOMNG SERVICE FROM UTILTY 4E0 3613W. 2(3-500MOA. I-2/OG. 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