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R2004-164 10-11-04 RESOLUTION NO. R2004-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE BARRY ROSE ROAD PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the Barry Rose Road Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Hassell Construction Co., in the amount of $6,634,257.55. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Barry Rose Road Project. PASSED, APPROVED and ADOPTED this the 11th day of October , A.D., 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR TurnerCollie 'Braden Inc. Engineers · Planners · Project Managers P.O. Box 130089 Houston, Texas 77219-0089 5757 Woodway 77057-1599 Tel: (713) 780-4100 Fax: (713) 780-0838 September 22, 2004 TC&B Project No. 052.511256.0009 Mr. Joe Wertz Projects Director City of Pearland 3519 Liberty Pearland, TX 77581 Re: Mobility and Drainage Bond Program Barry Rose Road Improvements Dear Mr. Wertz: The City of Pearland Purchasing Office received sealed bids on September 15,2004 on the above referent project. Bids were received from five contractors. The bids received are shown on the attached Bid Tabulation. The low bidder was Hassel Construction Co. Inc., with a bid of $6,634,257.55. The bid were tabulated and reviewed. Hassel Construction Co. Inc. has previously satisfactorily completed projects for the City of Pearland and in the City of Pearland. It is our recommendation the project be awarded to the low bidder Hassel Construction Co. Inc in the amount of $6,634,257.55. ;incerely, Lmes W. Keller, P.E. lenior Project Manager Enc: Bid Tabulation cc: Craig Hester Rod McCrary Engineering Established in 1946 Excellence for Over One-Ha AN AECOM COMPANY f Century CITY OF PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM BARRY ROSE ROAD BID RESULTS PROJECT NO. 052511256.0009 1 HASSEL CONSTRUCTION CO. INC. $6,634,257.55 2 TEXAS STERLING CONSTRUCTION, L.P $6,988,996.00 3 BEYER CONSTRUCTION, LLP $7,495,489.15 4 TOTAL CONTRACTING LIMITED $8,041,047.60 5 JFT CONSTRUCTION, INC. $8,533,477.00 File# Project Barry Rose Improvements Authority R2004-164 Contractor Hassell Construction Co. Inc. Amount $ 6,634,257.55 Type Amount Authority Date RP# Location Original $ 6,634,257.55 R2004-164 10/11/2004 RP-430 R2004-164 t t (----1 MOBILITY AND DRAINAGE BOND PROGRAM BARRY ROSE ROAD CONTRACT DOCUMENTS RFB/BID NO. 2004-067 / 1, COLI \,on ___-=-e, :tiiihx_ z!,,:.-,. :,,Ara !,--...-,,-.:''' . 9,(07 "' 7 4L.,t) ' %. Jz..-_,-,..,- ,,,f)4_. ,i,'.p: . 7,:p / vli, ,y% 1;;, D ..:7,r;,:,A.. F.11-4„H—,-..4: ,- s - ',-. ,,i—:. TN:cli-, i" 1 —'7 (--1 .1 \.1._L',"' l-li._‘ 1 ' I 1- , 11 t� \` . :irk" lir, `{ CITY OF PEARLAND, TEXAS AUGUST 2004 y t, `--- TurnerCollie OBraden Inc. Engineers • Planners • Project Managers ( MOBILITY AND DRAINAGE BOND PROGRAM BARRY ROSE ROAD CONTRACT DOCUMENTS RFB/B D NO. 2004-067 ltti f fl p df . �1 F ! t x _rw w+�' :4'4_4_ 3— u ,. °,Y �� Y!M IHM �E - NriN4N .: d j. r �AA+''', ,:.x.:--t- ^Wz:1F VOIA,r :.X'�P'. c%,s :N.S tTMns,., -t rt..�., 3�? N. 1. kg. .,' 'A F 3 3 t+�x-4Y.""''7 �5`ts i3 t:.., x�' 1.,• t-r4� � n 'rf Asa .i.✓'+: y&_ t�.� f.,n. Y i '�§' Es G .. tt • hex - .. :.` LJM d j ) ;,}, 'y ' Nq • .,,,,,!,,:4,,,,:i ••• ,,,,,., ..,1i,... ,,a,, ,,,,,.• J T3 .."..!,,,,,..4t.,..,,.,.-„ ,!:•,i,..,,,,,7...c.!.•_-,..,: ... CITY OF PEARLAND, TEXAS c.�a 71721 . til\I) a ` AUGUST 2004 C9' \\ti ` f \, TurnerC®llr r Inc. e� ��n Engineers • Planners • Project Managers CITY OF PEARLAND Barry Rose Road DOCUMENT 00900 ADDENDUM NO. 1 DATE OF ADDENDUM. AUGUST 30, 2004 PROJECT NAME. Mobility and Drainage Bond Program �, _,:w.�‘‘ Barry Rose Road `�47.1 •2E.TSA-41 *. t. 1 •,t A.. OWNER. City of Pearland e,•„ , ,�'�„ RFB/BID NO 2004-067 .... `•"•`". .. • """ ..'„V ea-eta;:; ',i°c�.S.. -; 4 _ � PROJECT NO 052511256 0009 4�� °.t� °. �� "A' , \k5 BID DATE September 15, 2004 ✓' ' tri This Addendum forms a part of the bidding documents and will be incorp oel s into the Contract Documents as applicable Insofar as the original specifications and drawings are inconsistent, this Addendum governs. Acknowledge receipt of the Addendum by inserting its number in Document 00300-BID Failure to do so may subject Bidder to disqualification. CHANGES TO BIDDING AND CONTRACT REQUIREMENTS Addendum No 1 addresses changes m the Project including rerouting the proposed Barry Rose pavement as well as changes in the drainage system. CONSTRUCTION PLANS 1 Drawings 8, 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 28, 30, 31, 32, 35, 36, 37, 38, 39, 40,, 41, 89, 90, 91, 92, 93, 94, 95 and 96 are replaced with drawings 8A, 9A, 13A, 14A, 15A,16A, 17A, 18A, 19A, 20A, 21A, 22A, 23A, 24A, 25A, 28A, 30A, 30B, 30C; 31A, 32A, 35A, 36A, 37A, 38A, 39A, 40A, 41A, 89A, 90A, 91A, 92A, 93A, 94A, 95A, and 96A. 2 Add Drawings 97A, 97B, 97C, 97D, 128A, 129A, 130A, and 132A. 3 RevisedDrawing 88 to omit details of cross section Station 36+00 COMMENTS ON INDIVIDUAL CONSTRUCTION DRAWINGS. 1 Sheet 7 The storm sewer and ditch sections shown on sheet have been revised. Refer to Section Sheets 89A through 97D 2. ,,Sheets 10-12 While the road and ditch alignment have been changed between Station 42+00 to 58+00,the items to be demolished and removed have not changed. 00900.- Page 1 of 3 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 3 Sheets 48-52. The water line alignment has changed between Station 42+00 to 58+00 with the change in road alignment. The contractor shall refer to Sheets 19A through 22A for the alignment of the proposed 12-inch water line and Sheets 48 through 51 for locations and modification of connections to the existing water distribution system. 4 Sheets 55 — 65A. The change in'the proposed alignment of Barry Rose will not affect the traffic control requirements for this Project. 5 Sheets 72 — 74 The changes in the proposed alignment of Barry Rose will not affect the amount of work required for the signing and pavement markings for this Project. 6 Sheets 75 —82. The changes in the proposed alignment of Barry Rose Road and the drainage ditch will not affect the amount of work required to fulfill the requirements of the Storm Water Pollution Prevention Plan. 7 Sheet 98 All concrete pavement shall be constructed with 8-inch lime stabilized subgrade with the exception of the areas over the existing box storm sewer where thicker concrete section and a bond breaker are used in heu of the lime stabilized subgrade. 8 Storm sewer plan and profile drawings plan clarification. Plan Call-out Pay Item Notes -Type "No 2"Inlet -Type"D"Inlet -Type "No 3"Inlet -Type"D"Inlet -Type "C-1" Inlet -Type"C-1"Inlet -Install Type"C" Inlet with 5 Feet Throat Extension -8"PVC Storm Sewer -12"PVC Storm Sewer -Install 12"PVC CHANGES TO BIDDING AND CONTRACT REQUIREMENTS 1 Section 00300—BID Various bid item quantities have changed do to.the plan changes reflected in the drawing that are part of this addendum. Bidders shall submit Bid using the revised Section 00300- BID attached.to this Addendum No 1 2. Section 01100—SUMMARY OF WORK Delete,in its entirety and replaced with the revised Section 01100 — SUMMARY OF WORK attached to this Addendum No .1 CHANGES TO THE TECHNICAL SPECIFICATIONS 1 Section 02318—.EXCAVATION AND BACKFILL FOR UTILITIES Delete.paragraph 3 07, I, 2,b &c.and replace with the following: 00900-.Page 2 of 3 ADDENDUM NO..1 CITY OF PEARLAND Barry Rose Road b Compaction by methods determined by Contractor to achieve minimum 90 percent of the maximum dry density as determined according to ASTM D 1557 for Class II matenals and 95 percent according to ASTM D 558 for cement stabilized matenals c. Moisture content for Class II matenals within 3 percent of optimum determined according to ASTM D 1557 Moisture content of cement stabilized sands on the dry side of optimum as determined according to ASTM D 558 but sufficient for effective hydration Delete paragraphs 3 08, E, 1,b & c and replace with the following. b Compaction by vibratory equipment to a minimum of 90 percent of the maximum dry density determined according to ASTM D 1557 c Moisture content within 3 percent of optimum determined according to ASTM D 1557 Delete paragraphs 3 08, E, 2, b &c and replace with the following. b Compaction by equipment providing tamping or kneading impact to.a minimum percent of maximum dry density determined according to ASTM D 1557 c Moisture content within 2 percent of optimum determined according to ASTM D 1557 Delete paragraphs 3 08, F, 3, and replace with the following: 3 Compact to a minimum of 95 percent of the maximum dry density determined according to ASTM D 1557, or to the same density as adjacent soils. 2 Section 02335 —SUBGRADE Delete paragraph 3 06 F and replace with the following. F Compact to following minimum densities at a moisture content of optimum to 3 percent above optimum as determined by ASTM 1557, unless otherwise indicated on the Drawings 1 Area to receive pavement without subsequent base course: Minimum density of 93 percent maximum dry density 2 Areas to receive subsequent base course Minimum density of 90 percent of Maximum dry density _ END OF ADDENDUM NO. 1 00900 -.Page 3 of 3 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road DOCUMENT 00910 ADDENDUM NO. 2 DATE OF ADDENDUM: SEPTEMBER 9, 2004 PROJECT NAME Mobility and Drainage Bond Program Barry Rose Road .:11;.." 41,V.•' TSB . • It o OWNER. City of Pearland �' •.. .41 vP e� a RFB/BID NO 2004-067 .' JAM ES Vu ;(t' f.t:1'1. k/ • PROJECT NO 052511256 0009 Ott, t. 2 l BID DATE September 15, 2004 Zvi OttA This Addendum forms a part of the bidding documents and will be in orp crated into the Contract Documents as applicable Insofar as the original specifications and nn .wings are inconsistent, this Addendum governs. Acknowledge receipt of the Addendum by inserting its number in Document 00300—BID Failure to do so may subject Bidder to disqualification. CHANGES TO BIDDING AND CONTRACT REQUIREMENTS 1 Section 00300 -BID From the Schedule of Unit Price, add the following items Item Description of Item Unit Approx. Unit Total No. Quantity Price Amount Bid Lump 99 Traffic Control (Pearland Parkway) Sum 1 $ $ Cubic 100 Roadway Excavation(Pearland Parkway) Yard 265 $ $ 101 12" Cement Stabilized Sand Subgrade Square (Pearland Parkway) Yard 349 $ $ Linear 102 6"Concrete Curb (Pearland Parkway) Foot 300 $ $ 103 Remove&Dispose of Concrete Pavement Lump (Pearland Parkway) Sum 1 $ $ Linear 104 Full Depth Saw Cut(Pearland Parkway) Foot 280 $ $ 00910- Page 1 of 5 ADDENDUM NO 2 CITY OF PEARLAND Barry Rose Road Square 105 9" Concrete Pavement (Pearland Parkway) Yard 320 $ $ 106 Relocate Trees (Pearland Parkway) Each 20 $ $ Linear 107 Irrigation Line 1'/2"(Pearland Parkway) Foot 50 $ $ Linear 108 Imgation Linel" (Pearland Parkway) Foot 80 $ $ Linear 109 Irrigation Line %z" (Pearland Parkway) Foot 90 $ $ 110 Spnnkler Heads (Pearland Parkway) Each 8 $ $ The revised Section 00300—BID that reflect the changes above are also attached to this Addendum. 2. Section 01100—SUMMARY OF WORK From 1 04 Description of Bid Items, add the following item. UUUU Bid Item No 99 Traffic Control (Pearland Parkway), Complete in Place 1 Include cost of: a. Install traffic control signs,barncades, striping, etc b Provide flagmen and traffic control officers as required c Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Sum VVVV Bid Item No 100 Roadway Excavation (Pearland Parkway), Complete in Place 1 Include cost of: a. Excavation b Dispose of surplus or unacceptable material c Other appurtenant and incidental work 00910 - Page 2 of 5 ADDENDUM NO 2 CITY OF PEARLAND Barry Rose Road 2 Measurement for Payment: Measure in Cubic Yard WWWW Bid Item No 101 12-Inch Cement Stabilized Sand Subgrade (Pearland Parkway), Complete in Place 1 Include cost of: a. Furnish equipment b Place cement stabilized sand and subgrade soils c Compaction of material d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Yard XXXX. Bid Item No 102 6-Inch Concrete Curb(Pearland Parkway), Complete in Place 1 Include cost of: a. Furnish materials b Place materials c Other appurtenance and incidental work 2 Measurement for Payment: Measure in Linear Foot YYYY Bid Item No 103 Remove and Dispose Existing Concrete Pavement(Pearland Parkway), Complete in Place 1 Include cost of: a. Removal of existing concrete paving materials, including concrete curb attached to the pavement b Disposal of materials removed c Other appurtenant and incidental work 2 Measurement for Payment: Measure in Lump Sum ZZZZ. Bid Item No 104 Full Depth Saw Cut(Pearland Parkway), Complete in Place 1 Include cost of: a. Furnish Equipment b Other appurtenant and incidental work 00910-Page 3 of 5 ADDENDUM NO. 2 CITY OF PEARLAND Barry Rose Road 2 Measurement for Payment: Measure in Linear Foot AABB Bid Item No 105 9-Inch Concrete Pavement(Pearland Parkway), Complete in Place 1 Include cost of: a. Furnish materials b Placement of concrete material c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Yard AACC Bid Item No 106 Relocate Trees(Pearland Parkway), Complete in Place 1 Include cost of: a. Furnish materials including equipment b Relocate trees using a tree spade as directed by the Owner c Maintain d. Other appurtenances and incidental work 2 Measurement for Payment: Measure in Each AADD Bid Item No 107 Imgation Line 1 1/2-Inch(Pearland Parkway), Complete in Place 1 Include cost of: a. Provide materials including PVC pipe and fittings b Install materials c Other appurtenances and incidental work 2 Measurement for Payment: Measure in Linear Foot AAEE Bid Item No 108 Irrigation Line 1-Inch (Pearland Parkway), Complete in Place 1 Include cost of: a. Provide materials including PVC pipe and fittings b Install materials c Other appurtenances and incidental work 00910 - Page 4 of 5 ADDENDUM NO. 2 CITY OF PEARLAND Barry Rose Road 2. Measurement for Payment: Measure in Linear Foot AAFF Bid Item No 109 Imgation Line %2-Inch(Pearland Parkway), Complete in Place 1 Include cost of: a. Provide materials including PVC pipe and fittings b Install materials c Other appurtenances and incidental work 2 Measurement for Payment: Measure in Linear Foot AAGG Bid Item No 110• Sprinkler Heads (Pearland Parkway), Complete in Place 1 Include cost of: a. Provide materials b Install materials c Other appurtenances and incidental work 2 Measurement for Payment: Measure in Each CHANGES TO CONSTRUCTION PLANS 1 Add Drawings ADDENDUM 2 DWG 1 and 2 to the construction plans attached to this addendum. END OF ADDENDUM NO. 2 00910- Page 5 of 5 ADDENDUM NO 2 I 1 P rj . m \ o STA 3+56, 82' LT. $1 ECR/MATCH EXIST. T.C.=45.59' \\1\ \ \\ SLOPE TO DRAIN (TYP) 101 EXIST. TREES TO BE REMOVED AND REPLANTED TA 3+73 74' LT PROP TYPE "A' INLE AS DIRECTED BY THE ENGINEER WITHIN ONE MILE.r EXIST. R.O.W. n$ 11114 p BARBED wL�E FENCE 1- TOP CIF CMSri 'n N. J v TCP OF E A( \yly�`�PROP 9" REINFORCED' CONC. v PROP t�OF .9 'PVM'T W/ 6' CURB i..9 DITC --"I\ -A io STA. 4+43.12, 18' LT.- tO m STA 3+93, 2.5' LT c� q In STA. 3+82.69 "' PC/PT PEARLAND PARKWAY BEGIN PROJECT � STA. 0+00 EAST.REINFORCED CONC.MT. (SEE DETAIL-PAYING' ` :,. 9 ICI" N 13770184.1880 •0. E 3156419.7570 1+00 p TT 2+00 3+00 UNDERCUT SHT. 9 �_.+� 5.' n Raor Maur .•/' M W �. ' DOST• IN TOPO \1. 10' R M ADJi11F TOP OF i m 1 EXISmF INLET TO ELEV. 44.) V PAPER 90'R 1 Q STA. 3+93, 14' RT. PC/PT Jt us Z) M 1DP CF CURD PROP. TOP OF BANK \*O...- , , STA 4+43.5 ( ) RT. In'?0 REMOVE APPROX. 180 LFm Q EXIST. CURB . �— NH N0 DABBED wRE FENCE ''a ADDE1�Ol1W ?� DWBRADC1 N0. I TOP OF BANK O \7013:329' EXIST. R.O.WI�Q „w.....1• STA4+1975' RT PZF!,� T�,,,I 'IG 8 PROP TYPE "A' INLET ;s� stiy 8 �.0 STA 4+12.21, 87' Rir \IV ECR,^ATCH EXIST n�4 ' T.0=45.1 O' • 0, �• f D /,Mllnw •" O U U 9 N JC lal 7 (� 50 0. 4 50 , Z= I- �� WI- I 2 0 4. morn Nor I Q - in J +'- j lam.. TL7 48 / 17� �}-. 1 '�U + ,_ w STA 3+9' 1.5' RT ORIGINAL cotemuc oN PLANS a�1 w M D: m IX EXIST. IMUET BY � y� —�F70 T.N.G.•BASLJNE N J W +-W ADJUST'DP TO ELEV. 44.9 .' 46 LOCKWOOD I7'/1HE�f.A�7. 46 �_ �EIBST.N.G.0 R.O.W V �F: & NEIM� M. 1�-� _ i '-- -1X - -_� .T. TC O-0.96X F T. TC O-0.98X44 , EAST.N.G.O RAW FT 44 . �� "`— — • - OTA. ' 09 BEGIN NG OF"SI. PE e r�� EIEV.=35.83 r �3 9- NO. 'REDESIGN LEFT-GLEN LANE 42 �, DATE ATE REVISION APPROV. , + STA. 4+1E 75' RT 11 ��_ R STA. 3.t-73 74' .T EXIST INLET TYPE 'A" NLET EXIST " RCP S RM SEWS TYPE ''14" INLET 1 ADJU'.T TOP TO ELEV. 44.I TOP ELEV. 43.6 E=41.9 40 JTOP=4157 43.6 - [=41.5744 R=gc r S .GINNING Lockwood,Andrews 4+80 BI OF DITCH 40 �l� — [�41.92 &Nlownam,Inc. � — A SUBSIDIARY OF LEO A DALY 38 42 1PROp 74 IF ,te" RCP P` IMP 75 LF 18' RCP 42 38^ IMOD r a w.,.,.IX no.. • -B.Y071 �� O .0.Y0% ' .. WALSH ENGINEERING INC cmariceo - - MO CONSULTING ENGINEERS noway 36 40 40 36 / CND 2010 E.BROADWAY PEARLAND.TEXAS DID C..L. YD. APPDH.W CITY OF PEARLAND, TEXAS psi. -.Y' YERT. JOB NO. 9644 34 38 LATERAL PROFILE 38 34 SPEARLAND PARKWAY TREET IMPROVEMEAYS ` 32 32 STA. 0+00 TO STA. 5+00 4 n . 0+00 1+00 . 2+00 3+00 4+00 5+00 OF 1` BLE C CURVELA TTANG CURVE LENGTH RADIUS DELTA TANGENT CH.DIR. CHORD AREA Cl 76.11' 500.00 06.43'1r 38.13 N37'35'05'E 76.04 STA. 6+26 55' LT PROPOSED OF K C2 76.02 500.00 08.42'39" 38.08 S3734'46'W 75.94 TYPE "C' INLET TC-42.96 42.30 EXIST. R.O.W. BARBED WIRE FENCE Q / d d BARBED WRE FENCE v/ .- d INSTALL: -- !t 12' CEMENT STABLIZED BASE RELOCATE 20 TREES -REMOVE EXISTING CURB AND c.) n PAVEMENT TO CONSTRUCTION 9" REINFORCED CONCRETE PAVEMENT AND ASSOCIATED O N Pr) 0 JOINT OR SAW CUT 6" CURB IRRIGATION SYSTEM 0 O In O H Q 10' F- N •00 c 3 6+00 �Ta.r +00 `� ,• 5+00 200 LF 30" RCP 9+00 I, -, 10. N Z4. 444 4 4i• ~m °� i ARLAND PARKW• mp ..... • COAOridllir x x 1 x < Qi E - -- g0 R \- 2 PROP E f't DITCH N STA. 6+26 STA. 8+00 co v `PROP 9' REINFORCED TYPE "E" INLET coTYPE "E" INLETcoTR ELEV 42.70 in 1 - 1 Q PACT W/ 6' CURB. in FL=38.39 En `�m 1 REVISED BY: C O BARBED VW FENCE G V 1 - - - - f - - - - TURNER COLLIE a BRADEN INC. `- BARBED ME FENCE ADDENDUM 2, DWG N0. 2 EXIST. R.O.W.J STA. 6+26 55' RT TYPE C" INLET SE oF�"%i TC=42.96 ..s~P -VIA 42.30 s: w ;yj�� I. s V.1 ant 7�v itgoi - - IT,TN�� \V 50 50i C', `,,Ci. F D: re N4 ILo OC 48I ......-orAl�� I 48 JC ,-0 n ai PVI STA 6+:6 rn ri 46 v+i Rik WYMAN. INC. �n a> 6di C� ii PVI E�Va'97 43.)0 STA. 8+00 3> c1� a�nF 46 a 3 41 CU Li ELL V 42C WII,I x w STA. 8+6: PO OF SLOE E > c of a STA 6+26 0 0 WI ELEV. 43.72 CO u m TYPE "E" INLET x I.- ELEV. 43.E 6 PROP E Of DITCH 44 LT. TC • aY ELEV 42.70 ER T.N.G.O LD IY RT MST.N.G.0 BASELINE _ >.=G.654% 3 �- - - - _ PGL I x Rf. TC p-0•98%i- - _ - . & RT. ---- _-- -- - lT. RT. 'C O-0.46X -% S-0.25% A9/9/04 REDESIGN LEFT-TURN LAt.0 DOT.M.0 R.O.W LE NO. DATE REVISION APPROV. 42 - ♦ STA. 3+41 5=-5.06� ... S=n 1Xn.ur.-1r1C11 r1.6.TunL. C. " - •_ ELEV. N3. ROPE ELEV. 43.90 BEGINNING OF SLOPE \ ELEV. •+3.72 E . 43.90 C=41.76 40 ICgat.9 / su a+nn ). o..,� 40 Eh D OF DITC•i BE GINNING 0r DITCH Lockwood,Andrews PROP 173 LF 3J" RCP 0 -0.13X-) EIF41.6z-PRDP 200 L' 30" RCP O-0.13% FL.-42.00 &Newnam,Inc. 38 T A SUBSIDIARY OF LED A DALY /..__I IL=3839 / / WALSH ENGINEERING INC 9E om owN 36 ERS If=38.17 IL=37.91 36 �,I,� 2010 E.BROADWAY PEA CONSULTING RLAND.TEXAS `aca C.LL u.a AFRD HAL CITY OF PEARLAND, TEXAS y,. 34 34 '''2' "°" JOB NO. PEARLAND PARKWAY 9(EEE STREET MENTS 32 32 STA. 5+00MTO STEA 10+00 0, n 5+00 6+00 7+00 8+00 9+00 10+00 aF i L L - . . - - - - - -- - . CITY OF PEARLAND Barry Rose Road DOCUMENT 00920 ADDENDUM NO 3 DATE OF ADDENDUM SEPTEMBER 13, 2004 PROJECT NAME Mobility and Drainage Bond Program ®.T�v. ,,,,;� Barry Rose Road c�;�, ' ' 7-'4;��, OWNER. City of Pearland • • � A RFB/BID NO 2004-067 e�•? .r j PROJECT NO 052511256 0009 ��te s '%,„,p„,,,v, �"' &bt-c �1 BID DATE September 15, 2004 (No Changes to Bid Date) C� C-1 This Addendum forms a part of the bidding documents and will be incorp• -• into the Contract Documents as applicable Insofar as the onginal specifications and drawl.gs are inconsistent, this Addendum governs Acknowledge receipt of the Addendum by inserting its number in Document 00300—BID Failure to do so may subject Bidder to disqualification. CHANGES TO BIDDING AND CONTRACT REQUIREMENTS 1 Section 00300 -BID a.) From the Schedule of Unit Price, delete bid Item No 18 described as 65 Linear Foot of 54"RCP Storm Sewer and replace with the new bid Item No 18 described as 78 Linear Foot of 6 x6'RCB Storm Sewer b ) From the Schedule of Unit Price, add bid Item No 111 described as 1 Each of Modified 5 x5'RCB Type "E"Inlet. The revised Section 00300—BID that reflect the changes above are also attached to this Addendum. 2. Section 01100—SUMMARY OF WORK a.) From 1 04 Description of Bid Items,Replace R. Bid Item No 18 with the following R. Bid Item No 18 R. Bid Item No 18 6-Foot by 6-Foot Reinforced Concrete Box Sewer, All Depths, Complete in Place 1 Include cost of: a. Furnish box, materials for pipe bedding, and select backfill b Install materials 00920 - Page 1 of 2 ADDENDUM NO 3 CITY OF PEARLAND Barry Rose Road c Compact bedding and backfill d. Connection of concrete box to existing 10-foot by 6-foot box is incidental to the pipe e Other appurtenant and incidental work 2 Measurement for Payment: Measure in Linear Foot b) From 1 04 Description of Bid Items, add the following item. AAHH. Bid Item No 111 5'x 5'Modified Type "E" Inlet, All Depths, Complete in Place 1 Include cost of: a. Furnish inlet structures, matenals for bedding, and select backfill b Install matenals c Compact bedding and backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each CHANGES TO CONSTRUCTION PLANS 1 Replace portion of Drawing 30A with Drawing 30A Revision 3 dated 9/13/04 attached to this addendum 2. Add Drawing A3-1 (Modified Type"E" Inlet Detail) attached to this addendum. END OF ADDENDUM NO 3 00920- Page 2 of 2 ADDENDUM NO. 3 STA 42.98. 30, 93 00' L T PROP CONC PAVERS ARMORFLEX MAT CLASS i - 6 WET CONNECTION <v 30S OR APPROVED EQUAL i 1 - 6 GI/ Ao✓ BOX " • r: REMOVE EXIST roH JUNCTION 1 - 6 CUT PLUG & ABANDONED 1- TIE INTO EXIST 6 �'•, \ A, : BOX, S PVC , 6t PVC & 60" RCP io TOP OF BHNi.,, AC iYATERL INE \ \" . -._.. - - - ----- - ti �� _ a` •c . . _.... ._-..__..-. __._.-.__..-_. ARI � 41 p - -------- T - -- --T -- -- --- - ^ ��._ PROP_ROD IX -- E fNLET; NO BR 1 01 _.._._._. _. _ \`mil>� STA 42+91 49 , LT.117-: 60 -_ .-- r'i.ow t_1 NL EXIST 2 3 6 PVC f ]'\ --•---- ---1—____----- -- — --- -- - -- - w n� c.; 8 T 1 BE-...RtM9-VE6---- P.v ,---®_ •:,_.--7 -------- = --1•-�_----_--1=� --B_ I PROP CL - 41' -BOTTOM "OV'E-RFUOW ;'.EX EDGE OF Fl PFIALf-' \ _ �,• SWALE W/ 4 1 S_ IDE S,QPL,5_ ,.. +— v •_t_._: _ _._ ___-- ----. 4/ M I N�"2' D E E P 7 a `-(CONC 77 S LF-6' x 6 ‘.\\ �� "' GONG BOX CULVERT ,_ __-__._._ --------•--,., @ 0 06/. _ ' r, �� -.-X•-• -x -•-�_-- -X--- ------.--x-_•--_ -[• afc-A_ -L--.�-• --• __ -._. . • T :. _ ---.� \, -.. — PROP 6" WATERLINE 3` WATER 1 !NE \ \ ,\\c N .- OO \ 'T - PROP 3-8 x10' t \` /\ Crr CI CONCRETE BOXES �j \\ N Ln v - --� - PI 43+82 23: a N 4 ° 25 E P +00 --43-4-00--- Ai --f--- a. 4 el . \ r , __________� �, , In `1' co 3M tZv Rost. ReiPtO (V / (0 + --ZEN t ,' -Po 12.-ilQ 0 t- 1JvyC7310 A. A -L3- vU \` q8 00 0 cn Z w n O 1 I I r1 _, ' PROP 6 X 6 CONC BOX CULVERT e 0.06% I 1 i I. I i ' w n. ' 0 PLAN �y 71, •' i i +d t� e JAMES\F'XELLER°•�,1- •0,.. 71721�\ l o.oo' 1 0.00' , y sl PROP MODIFIED TYPE E INLET I• �::: L-EN OPEN ON 3 SIDES \ -I ek ilA NTY. -^,LIII._-. q2 - _- I PAF(RAW C ' ///CLOSED ON SE SIDE ONLY 40 - N EL 139.00 .TurrtcrColtk cf j c Bradenfn • ,i ea l°• 00/00/02 38 ' ; DRAINAGE BOND PROGRAM FL 35.94 I I 1 L• o ', 4 00 41, 36 l l PROP FL DITCH 1 PEARLAND FL 33.50 ! PROP 6 X 6 CONC BOX CULVERT L-0 I... I ® 0.06% }q \ xisr CL DITCH , 1.Do BARRY ROSE ROAD a 32 PROP CONC PAVERS • 1 ADDEND NO 3 PROP 12 BRICK WAII-/ J W- - -- __- - !; 30 - MODIFIED TYPE E INLET a' FL 31 03 DETAIL ii So * NOTE ft. ..I°.. J.•o ntr .o. wort ii PAVERS TO BE ARMORFLEX MAT CLASS • °. °wo "1°' g� 30S OR APPROVED EQUAL. PROFILE °+ �I I Kum°. '<.�c.° A3 I CITY OF PEARLAND Barry Rose Road TABLE OF CONTENTS CONTRACT DOCUMENTS MOBILITY AND DRAINAGE BOND PROGRAM BARRY ROSE ROAD AUGUST 2004 DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS Section No. Title No. of Pages 00001 Title Page 1 00003 Table of Contents 2 00004 List of Drawings 2 00020 Invitation to Bid 2 00100 Instructions to Bidders 8 00220 Geotechnical and Environmental Information 1 00300 Bid 13 00315 Bid Bond 2 00500 Agreement 7 00610 Construction Performance Bond 4 00620 Construction Payment Bond 4 00630 Construction Maintenance Bond 4 00700 General Conditions of Agreement 31 00700-A Attachment No 1 to General Conditions 4 00700-B Attachment No 2 to General Conditions 7 00800 Supplementary Conditions 23 00811 Wage Scale for Engineering Construction 3 DIVISION 1 GENERAL REQUIREMENTS Section No. Title No. of Pages 01100 Summary of Work 30 01140 Contractor's Use of Premises 3 01200 Measurement and Payment 3 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 Submittals 7 01420 Reference Standards 4 01430 Contractor's Quality Control 2 01440 Inspection Services 1 01450 Testing Laboratory Services 2 01500 Temporary Facilities and Controls 10 01505 Mobilization 1 01550 Stabilized Construction Exit 4 01555 Traffic Control and Regulation 4 01560 Filter Fabric Fence 4 01562 Waste Material Disposal 2 00003—Page 1 of 2 Table of Contents CITY OF PEARLAND Barry Rose Road Section No% Mk No.of Paget 01563 Tree and Plant Protection 4 01564 Control of Ground Water and Surface Water 7 01565 TPDES Requirements 16 01566 Source Controls for Erosion and Sedimentation 4 01570 Trench Safety System 4 01580 Project Identification Signs 4 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 01720 Field Surveying 2 01730 Cutting and Patching 3 01750 Starting Systems 2 01760 Project Record Documents 2 01770 Contract Closeout 2 SUPPLEMENTAL TECHNICAL SPECIFICATIONS Section No. Title No. of Pages. 02751 Concrete Pavement 3 02763 Traffic Paint(Water Based) 6 02890 Traffic Signal Installation 3 16130 Installation of Conduit System For Throughfare Street and Designated Density Areas (HL&P) 16 DIVISION 2—SITEWORK through DIVISION 16—ELECTRICAL See Mobility and Drainage Program Standard Technical Specifications 00003—Page 2 of 2 Table of Contents CITY OF PEARLAND Barry Rose Road LIST OF DRAWINGS Sheet No. Description 1 Title Sheet 2 Index of Sheets 3 Project Layout 4 Utility Relocations Along Barry Rose Road General Notes 5 Existing Typical Section 6-7 Proposed Typical Sections 8-9 Horizontal Alignment Data 10-12 Demolition Plans 13-25 Roadway and Drainage Plan and Profile Sheets 26 Pedestrian Ramp Plans, Sections, and Details 27 Roadway Crosslope Transition 28 Roadway Intersection Layouts 29-32 Barry Rose Ditch Plan and Profiles 33-37 Roadway Drainage Area Maps 38-39 Hydraulic Computations 40 Storm Sewer Lateral Data 41 Storm Sewer Lateral Outfall Data 42A-53 12" Waterline Plan and Profiles 54 Traffic Control Notes 55-57 Traffic Control Plan Typical Sections 58 Traffic Control Plan Narrative and Details 59-64 Traffic Control Plan 65 Barry Rose at FM 518 /East Walnut Street Temporary Traffic Signal Layout Phase II 65A Detour Layout 66 Barry Rose at FM 518/East Walnut Street Existing Conditions 67 Barry Rose at FM 518 Proposed Traffic Signal Improvements 68 Barry Rose at FM 518/East Walnut Street Proposed Traffic Signal Elevations 69 Barry Rose at FM 518/East Walnut Street Phasing Layout and Barrier Diagram 70 Barry Rose at FM 518/East Walnut Street Interval Sequence Chart 71 Barry Rose at FM 518/East Walnut Street Traffic Signal Estimated Quantities 72-74 Signing and Pavement Markings 75-82 Storm Water Pollution Prevention Plan 83-96 Cross-Sections 97 Omit Standards 98 City of Pearland Paving Details 99 City of Pearland Paving Details 100 City of Pearland Paving Details Project No.052511256.0009 00004—Page 1 of 2 LIST OF DRAWINGS CITY OF PEARLAND Barry Rose Road 101 City of Pearland Paving Details 102-103 Jointed Reinforced Concrete Pavement JRCP-89 1&2 104 Pedestrian Facilities PED-02 105 Miscellaneous Roadway Details 106 Traffic Control Plan TCP (1-2)-98 107 Ramp Hand Rail Details RHD-97 108 Retaining Walls RW 1(L)A 109 Sign Mounting Details Small Roadside Signs Universal Anchor System With FRP Post SMD-(FRP)-02 110 Signal Details/Standards VWDS Camera Mounting Details 111-114 Regulatory Signs R(1)-01 Through R(1)-04 115-118 Typical Standard Pavement Markings PM(1)-03 Through PM(4)-03 119 City of Pearland Storm Sewer Details 120 City of Pearland Storm Sewer Details 121 City of Pearland Storm Sewer Details 122 Miscellaneous Storm Sewer Details 123 Modified Type"C" Curb Inlet and Manhole"A"Details 124 Modified Type"C"Curb Inlet and Manhole"B" Details 125 Single Box Culverts Precast 10'-0" Span SCP-10 126 Single Box Culverts Precast Miscellaneous Details SCP-MD 127 Safety End Treatment With Straight Wings SETB-SW-0 128-130 Junction Box @STA 28+30 Plan and Details 131 City of Pearland Waterline Details Project No.052511256.0009 00004—Page 2 of 2 LIST OF DRAWINGS CITY OF PEARLAND Barry Rose Road INVITATION TO BID NO. 2004-067 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., September 15,2004, at which time they will be publicly opened and read aloud for the construction of: PROJECT TITLE Barry Rose Road,RFB/Bid No.2004-067 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 September 8,2004 at 3.00 p.m. local time at the Pearland City Hall, first floor conference room. The project will entail construction of: Roadway widening and drainage improvements including concrete pavement,water lines, street lighting conduits, and related works on Barry Rose Road from FM 518 to Pearland Parkway 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$100 00 Make all checks payable to Turner Collie &Braden Inc The amount of the purchase will not be refunded. No bid may 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. Project No.052511256.0009 00020—Page 1 of 2 INVITATION TO BID CITY OF PEARLAND Barry Rose Road 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 furnish 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 Department 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.052511256.0009 .00020—Page 2 of 2 INVITATION TO BID CITY OF PEARLAND Barry Rose Road 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 maybe 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 (including"technical data"referred to below), Project No.052511256.0009 00100-Page 1 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Barry Rose Road 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. OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT Project No.052511256.0009 00100—Page 2 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Barry Rose Road 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 diffenng or unanticipated conditions appear in Paragraphs 2.00 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.052511256.0009 00100—Page 3 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND ' Barry Rose Road 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 opening 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 Security of other BIDDERs whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the 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.052511256.0009 00100—Page 4 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Barry Rose Road 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 m 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 11 1 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.052511256.0009 00100—Page 5 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Barry Rose Road 12. Bid Form 12.1 The Bid Form is included with the Bidding Documents, additional copies maybe 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 officef accompanied by evidence of authonty 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 BIDs 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 pnor to the opening of BIDs. 14.2. If,within twenty-four(24)hours after Bids are opened,any BIDDER files a duly signed,wntten notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a matenal 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 will be disqualified from further bidding on the Work to be provided under the Contract Documents. Project No.052511256.0009 00100—Page 6 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Barry Rose Road 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 BIDs and major alternates (if any)will be made available to BIDDERs after the opening of BIDs. 16. Bids to Remain Subject to Acceptance All BIDs will remain subject to acceptance for ninety(90) days after the day of the BID opening, but OWNER may, in its sole discretion,release any BID and return the Bid Secunty 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 cnteria 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,whether or not the BIDs comply with the prescribed requirements, and such alternates,unit prices, and other data, as maybe 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. 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 sixty(90) days after the day of the BID opening. Project No.052511256.0009 00100—Page 7 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Barry Rose Road 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 wntten 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 deliver 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 Project No.052511256.0009 00100—Page 8 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Barry Rose Road GEOTECHNICAL AND ENVIRONMENTAL INFORMATION 1 0 DOCUMENT INCLUDES A. Soils Investigation Report B Environmental Reports 2.0 RELATED DOCUMENTS Section 01570—Trench Safety Systems 3 0 SITE INVESTIGATION REPORTS 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 May 28, 2002 was performed by QC Laboratories,Inc The report is titled Geotechnical Engineering Study; Proposed Pearland Mobility and Drainage Programs for Barry Rose Road in City of Pearland,Texas. 5 0 ENVIRONMENTAL REPORTS An Environmental Report finalized on September 2002 was performed by Berg Oliver Associates, Inc. The report is titled"Limited Environmental Assessment,Proposed Barry Rose Road Widening and Extension from FM 518 to Pearland Parkway; Brazoria County, Texas." 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 soils investigation as he deems appropriate END OF DOCUMENT Project No.052511256.0009 00220—Page 1 of 1 GEOTECI-INICAL AND ENVIRONMENTAL INFORMATION _ .1.I THUG U4, 17 CITY OF PEARLAND Barry Rose Road BID Date: ?A< ,2004 BID of ASS&&. 6Aisl�CUd7/dN 4. �NC. ,an individual proprietorship, a corporation authorized to transact business in Texas, or a partnership consisting of ,registered to transact business in Texas for Barry Rose Road, City of Pearland,Project No. 052511256.0009,RFB/BID No 2004-067 THIS BID IS SUBMITTED TO City Secretary City of Pearland, City Hall 3519 Liberty Drive, 3rd 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 / Dated. 8/3o/D� Addendum No 02 Dated: 9/d4/04G Addendum No 3 Dated. 9//3/04G (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; ProjeccNo.os7511256.0009 00300—Page 1 of 14 BID ADDENDUM NO.3 CITY OF PEARLAND Barry Rose Road (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 axe 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 terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of work to be performed by O,WNBR and others at the site that relates to Work for which this BID is submitted as indicated in the Contract Documents. (f) 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. (g) 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 necessaryto 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 PrajcetNo.052S112S6.0009 00300—Page 2 of 14 „ am ADDENDUM NO. 3 CITY OF PEARLAND Barry Rose Road 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. 4 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 necessarito 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 bythe 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: 5 Schedule of Unit Price Bid. Barry Rose Road it Project No.OS2511256.0000 00300—Page 3 of 14 atn ADDENDUM NO.3 CITY OF PEARLAND Bally Rose Road Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid Lump I Mobilization(Maximum Bid$400,000) Sum 1 $ 9oO1pdO.Qa $ !kya1 b''t7 iO t 2. Project Identification Signs Each 2 $ r/00. Do $ (t 4.00. OD 3 Remove&Dispose Existing Concrete Square Pavement Yard 2,100 $ ''7. 00 $ 14-1 r7 0 D 4 Remove&Dispose Existing Asphalt Square Pavement Yard 3,500 $ 10.00 $ 3 5 oDO 5 Remove&Dispose Existing Pipes(All Linear Types) Foot 1,300 $ I e.Oo $ 2.3, 403. DAD 6 Remove &Dispose Existing Box Culvert at Lump London Court Sum 1 $ 2 4, 500.00 $ 2.41 saa.o'o Lump 7 Site Preparation Sum 1 $ 30, Coo.OC $ 30, ObO. o0 Cubic 8. Roadway Excavation Yard 23,000 $ I. Q C. j $ 42, 550. Do Cubic 9 Channel Excavation Yard 62,500 $ ►. $5 $ l) 5; (n 2 5. 0-v Cubic 10 Embankment Yard 63,500 $ 1 . i o $ (v9 t S 50,00 Cubic 11 Haul &Dispose Excess Excavated Material Yard 21,000 $ 5.35 $ 112 3 So.Oc 12 Adjust Manholes Each 2 $ 3 S0. 0c; $ 76o. op Linear 13 12" PVC Storm Sewer Foot 80 $ 54 Op $ 4, 3 Os. OD ?mica No.052511236.0009 00300—Page 4 of 14 BID ADDENDUM NO. 3 -- -- - - r.a✓ v I I�I I F1UL JJ# J. CITY OF PEARLAND Barry Rose Road Item ,A,pprox Unit Total No. Description of Item Unit ' Quantity Price* Amount Did Linear 14 18" PVC Storm Sewer Foot 75 $ —12.00 $ 4or)•0V Linear 15 24" RCP Storm Sewer Foot 1,700 $ (0 5 .00 $ 1 I 0,5 I L D C Linear 16 36" RCP Storm Sewer Foot 35 $ 123.00 $ 4 3 05. OD Linear 17 48" RCP Storm Sewer Foot 60 $ 133.DO I $ 71 q AO• DO Linear 18. 6'x 6'RCB Storm Sewer Foot 78 $ 3g 5.ov $ ZSJ 02E. On Linear 19 10'x 8'RCB Storm Sewer Foot 4,750 $ 53 0.Da' $ 2 Sl 7, goo . O 20 Type"A"Inlet Each 1 $ 1, 0$0 . 00 $ 11080. OD 21 Type "BB" Inlet Each 2 $ 1, 2 70.00 $ 21 5 40. 00 22. Type "C"Inlet Each 43 $ 1400.0 0 $ 4,0,2.00.0 0 23 Type "C-1" Inlet Each 2 $ 1� q$5.Q0 $ 3, 6170 -00 24 Modified Type"C" Inlet over RBC Each 1 $ 11 i oo. DO $ I� 100 0o 25 Modified Type"C" Inlet next to RBC Each 1 $ 1 110 0. 00 $ 1 t t70. 00 26 Type "D" Inlet Each 11 $ q 20.00 $ 1 O t 120.DO ProjcctNo.052S11256.0009 00300—Page 5 of 14 BID ADDENDUM NO.3 - CITY OF PEARLAND Barr/Rose Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid . 27 Type "E"Inlet Each 11 $ l l l oo.M $ 121 t •00 1. 28 Type "SET-SW-0"Wingwall/Headwall Lump DO (8'x10') Sum 1, $ 451 Sop.00 $ 4-51 60D. 29 Type"A" Storm Sewer Manhole(All Depths) Each 13 $ It I0O.00 $ 14, 3DO.1)0 30 Type"C Storm Sewer Manhole 42"and smaller(All Depths) Each 3 $ 211 l00.Ot $ 413 0 fl•bD 31 Type"C"Stonn Sewer Manhole 48"and larger(All Depths) Each 3 $ 2l eft. op $ Q, (04a•oa 32. Replace Inlet Grate with Type "C"MIBB Casting Each 4 $ 1020.00 $ 2)480.60 33 Cast-In-Place Concrete Junction Box- Sta. Lump 28+30 Sum 1 $ (r.,$01:)M0 Lem_ cso•O� 34 Cast-In-Place Concrete Junction Box—Sta. Lump 41+70 Sum 1 $ 4-41 6,00.0e $ 4'9/(013.0•D� 35 Cast-hi-Place Concrete Junction Box—Sta. Lump 43+00 Sum 1 $ .7e, B $ 7e, $Oa• 60 Square 36 Articulated Riprap Yard 6,800 $ 55. OV $ 374, OOv• bO Square 37 5" Concrete Slope Paving Yard 75 $ 4-5. 001 $ 3,3 75. 00 Linear 38 6" PVC Water Line Foot 250 $ j 2. rj 0 $ 3, f 2 5 •a a Linear 39 8" PVC Water Line Foot 500 $ 15,60 $ 7, 5bQ- 00 ProjectNo.052511256.0009 00300—Page 6 of 14 s2D ADDENDUM NO.3 CITY OF PEARDIND = Barry Rose Road Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid III Linear 40 12" PVC Water Line Foot 5,700 $ 25•oo $ , 42) 500•00 • Linear 41 Auger 12" PVC Water Line Foot 750 $ 36.00 $ 2 B, 5oo•Dn Linear li 42 6" Steel Water Line Foot 150 $ $0•Dt $ 121 000•nD Linear 43 8" Steel Water Line Foot 120 $ 77.oo $ '312.4a VQ Linear 44 12" Steel Water Line Foot 275 $ 14-2.op i $ 3'3, fl 5a_rio 45 Auger 16" Steel Casing with 12" Linear Steel Water Line Foot 85 $ 14-10.oo $ 12 , 4-10►00 46 Fire Hydrant and Valve Each 14 $ 1, g4v•00 S 2 5!7 60•vo 47 Adjust Water Valve Box Each 10 $ /et. Do $ 1, gio.op 48 6" Gate Valve&Box Each 9 $ $61 .00 $ 7!/4'I.'DO 49 8" Gate Valve&Box Each 8 $ 475. oo„ $ S 4c.oo 50 12" Gate Valve&Box Each 9 $ 1 t 2 45.op $ 1 I t 2.05.Ob 51 6" Wet Connection Each 6 $ 5e8.010 $ 3/ 52 .0o 52 8" Wet Connection Each 5 $ I O.OD $ 31400.0'o pm,ectNo,052511256.0009 00300—Page 7 of 14 BID ADDENDUM NO.3 -r fiuJ r .r -r uyu �1-14 II-1\ CITY OF PEARLANVD Ba Rose Road Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid 53 12" Wet Connection Each 1 $ (,,1.pO $ $(tQ•D0 54 16" x 12"Tapping Sleeve & Valve Each 1 $ 41(coo.to $ �)d?►vo 55 Cut,Plug, and Abandon 6" Water Line Each 1 $ 4-5 Co 001; $ 4,54. 00 56 Cut,Plug, and Abandoned 8"Water Line Each 2 $ S34.00 $ ! O[9e• 00 57 Trench Safety System LP 13,760 p.4v S 504. Square 58. 8"Lime Stabilized Subgrade Yard 40,000 $ ( . 5O $ (00 a 000-oa 59 Lime Ton 700 $ i i(•i 0 $ 77, 7OD,b0 Square 60 4" Concrete Sidewalk Foot 70,000 $ 2-iU• $ 1 qle bbO•00 61 8" Concrete Pavement Square (High Early Strength Concrete) Yard 800 $ 3 2.00 $ 2 5, 1'CD OD Square 62. 10" Concrete Pavement Yard 33,000 $ 3 2. 00 $ 1 l O S(0j MO.CO 63 10" Concrete Pavement Square (High Early Strength Concrete) Yard 600 $ 367• 00 $ 2 1 j (pOD•1)0 64 Variable Thickness Concrete Structural Square Pavement Yard 2,200 $ 39,00 � $ 5 $o1:4 a'"0 is Square 65 6" Concrete Driveway Yard 400 $ 22's VP $ 10l000.00 Project No.052511256.0009 00300—Page 8 of 14 HID ADDENDUM NO.3 ,_ CITY OF PEARLAND any Rose Road Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid Linear 66 6" Monolithic Concrete Curb Foot 21,000 $ I. 5 0 $ 311 5tsoy170 Linear 67 Dowel 6" Concrete Curb Foot 35 $ (r .00 !!' $ 2117,010 68. Pedestrian Ramp (Type 1) Each 11 $ '/Co.oo; $ et_2 5o aD 69 Pedestrian Ramp(Type 3) Each 2 $ 100.00 ! $ I I*00 .0 v 70 Pedestrian Ramp(Type 7) Each 16 $ ,Ot.00 ;j $ 9,(obo•OD Lump 71 Pedestrian Ramp(Randall Drive) Sum 1 $ 121 500.00 $ 32, goo.0b Lump 72 TPDES Requirements Sum 1 $ I O 50v.00 $ 10)SOD.e o 73 Stabilized Construction Exit Each 1 $ I, (a'7 Z.vo $ Is G 7 Z..bo Linear 74 Reinforced Filter Fabric Barrier Foot 14,000 $ 1 .2.o $ 1 toi tto. m7 75 Inlet Protection Bamer Each 70 $ 5 I•Co $ 31 S 70. 00 Square 76 Hydromulch Seeding Yard 32,000 $ p 3 0 $ 1 i GDO. 0 Square 77 Sod Block Yard 7,500 $ 3 .5o j $ 241 25o•vo 78 Traffic Paint Pavement Markings Linear (4" Solid or Broken, White or Yellow) Foot 7,000 $ •Zo $ I 40'0►00 Project No.052511256.0009 00300-Page 9 of 14 BID ADDENDUM NO. 3 CITY OF'PEARLAND Barry Rose Road Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid ii 79 Traffic Paint Pavement Markings Linear (8" Solid or Broken, White or Yellow) Foot 800 $ p . 35 „ $ Z ,c •iO 80 Traffic Paint Pavement Markings Linear, (12" Solid or Broken,White or Yellow) Foot 1,800 $ I.Zo $ Z, 1(.00' of 81 Traffic Paint Pavement Markings Linear ; (24" Solid or Broken,White or Yellow) Foot 480 $ 2.33 $ 1, i 1$•4D 82. Traffic Paint Pavement Markings (ARROW, White) Each 12 $ Zq.00 '' $ 348.0o 83 Traffic Paint Pavement Markings (WORD,White) Each 12 $ 29.oo $ 34g• 00 84 Thermoplastic Pavement Markings Linear (4" Solid or Broken,White or Yellow) Foot 1,100 $ 0. G Z $ G 82.00 85 Thermoplastic Pavement Markings Linear (8" Broken or Solid, White or Yellow) Foot 260 $ 1. 24 ' $ 3 22 .4-o 86 Thermoplastic Pavement Markings Linear (12" Broken or Solid, White or Yellow) Foot 590 $ 4:10 $ 21 41 J •00 81 Thermoplastic Pavement Markings Linear (24" Broken or Solid, White or Yellow) Foot 215 $ €-Ot0 j $ 1, 120.0i) ,I 88. Thermoplastic Pavement Markings (WORD,White) Each 2 $ 145.t 0 $ 2 go.0O , 89 Thermoplastic Pavement Markings (ARROW, White) Each 2 $ 1 45 op, $ 21.0.60 90 Raised Reflective Pavement Marking CL B Type II-AA Each 110 $ 4.0 $ 44o, o i, 91 Raised Reflective Pavement Marking CL B Type II-C-R Each 150 $ 4. 0 $ (obb. 00 Pane t Nb.05251L256.0009 00300—Page 10 of 14 ?ID ADDENDUM NO. 3 .i CITY OF PEARLAND Barry Rose Road Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid Lump 92. Traffic Control&Regulation Sum 1 $ 2.0l 6 gq.coo $ 2 O (Piet D° 93 Installation, Maintenance, and Removal of Asphalt Stabilized Base For Detour (Variable Thickness of Min. 6") Ton 850 $ 8 2.06 $ G 9f 700. OD 94 Installation,Maintenance,and Removal of Asphalt Concrete Pavement For Detour Ton 150 $ e 2. O'o „ $ rt ,3 CO,00 95 Traffic Signs Each 31 $ 2 $p.ao $ Q r (,$o.00 96 Traffic Signal Installation of FM 518 at Lump Barry Rose Road/Walnut Street Sum 1 $ 17(pi,00.Op $ 1�7'to,7o0 DO Linear 97 2" Schedule 80 PVC Conduit Foot 7,300 $ 7.oo $ S 1 I00.OD 98 Installation of Pull Box Each 6 $ 344.0Q $ Z i 0104 00 Lump 99 Traffic Control (Pearland Parkway) Sum 1 $ 2 60D•0o $ 21 ao Cubic i 00 Roadway Excavation (Pearland Parkway) Yard 265 $ Q.75 $ 2131?.15 101 12"Cement Stabilized Sand Subgrade Square (Pearland Parkway) Yard 349 $ 13,00 $ 4 537.bO Linear 102. 6" Concrete Curb (Pearland Parkway) Foot 300 $ I.So $ 4 5o•b0 103 Remove&Dispose of Concrete Pavement Lump (Pearland Parkway) Sum 1 $ 3, IOD.Oo! $ 3, 000 Linear 104 Full Depth Saw Cut(Pearland Parkway) Foot 280 $ Q. cc $ 2 52.0.00 Square 105 9"Concrete Pavement(Pearland Parkway) Yard 320 $ 3 Z•00 $ 1 D 24 0.0O 106 Relocate Trees (Pearland Parkway) Each 20 $ 3yo.op $ 1- 1 coo.00 No mNo.052511256.0009 00300-Page 11 of 14 BID ADDENDUM NO.3 u.,r .a Tr cuu-r u, -tu !1 J—LO(—G f 74 D1L VGI1 I J CITY OF PEARLAND Barry Rose Road Item Approx Unit Total No. Description of Item Unit Quantity Price* Amount Bid Linear 107 Irrigation Lnte 11/a"(Pearland Parkway) Foot 50 $ 5.O P $ 2 5o. D', Linear 108. Irrigation Linel" (Pearland Parkway) Foot 80 $ 3. PO $ Z.4U Linear 109 Irrigation Line '2" (Pearland Parkway) Foot 90 $ 3 -op $ 279'U 110 Spnnkler Heads (Pearland Parkway) Each 8 $ ,35. Do $ 2 9t Ov 111 Modified 5'x 5' Type"E"Inlet Each 1 $ ►, i 00.po $ f j t Ob.GO TOTAL AMOUNT BID $ (O (e 2 ci t Z 5 2 . 55 * In the event of a discrepancy, figures in this column govern. project No.0525U256.0009 00300—Page 12 of 14 BID ADDENDUM NO. 3 ni9/14/1bd4 dd 4d /1.3-1b(-1/d4 1:51U litN I tK , Mum y,, CITY OF PEARLAND Barry Rose Road 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 370 calendar days in accordance with Paragraph 6 08 of the General Conditions and will complete the Work and be ready for final payment within 385 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 calendar days in accordance with Paragraph 6.16 in the Supplementary Conditions,and will complete the Work and be ready for final payment within 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 7 BIDDER has enclosed with this BID the required.Bid Security in the form of a 3io BOND in the amount of$ S.% 6A6 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. is Pn jectNo.C4V11156.0009 00300—Page 13 of 14 BID ADDENDUM NO.3 OD/ 14/6GG4 G7 4tl /1J—d1D(—L( 4 1311J Ut.NILK THUG ll/17 CITY OF PEARLAND Barry Rose Road ATTES : Very truly yours By i b -- (SEAL, if Bidder is Corporation) (Signal ) /tii,44& L.11455E11.. (Typed�% or Printed Name) leg-. - 40_5 06.1 i Bidder A . 6e c.VA).5Ti¢O6 T/vim 61 AVG. (Name of Company) Address /40.2// 4auca•J A. 10U.5 DA)1 Telephone No. 018/- 195-c2 c' Facsimile No at/-5$0- 9/10 !' j J _ J Surety Co 'Zeta 10 R.SEY rISSD6.447es Address: .�/7.l.5 /,//- ee 1/2, 4g/11G0/,./G I S;Rioa, T 9230 t\b v \ ) Telephone No 628/- (o s/- A9 0.2- �r� t Facsimile No A8/- 3. 0- °Ate/ 'P 9 5n LV Projeo,No.OS25112S6.0009 00300-Page 14 of 14 BID ADDENDUM NO. 3 CITY OF PEARLAND Barry Rose Road BID BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That we, the undersigned, HASSELL CONSTRUCTION COMPANY, INC. , as Principal, and INSURANCE COMPANY OF TOE WEST , as Surety, arc hereby held and firmly bound unto the City of Pearland, Texas, as OWNER in the amount of (5% G.A.B.) , which represents five percent (5%) of the amount bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. The Condition of the above obligation is such that whereas the Principal has submitted to CITY OFPEARLAND a certain BID, attached hereto and hereby made a ROAD WIDENING AND DRAINAGE IMPROVEMENTS FOR part hereof to enter into a contract in writing for BARRY ROSE ROAD NOW THEREFORE. (a) if said BID shall be rejected or; (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Conttact attached hereto (properly completed in accordance with said BID)and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons perfonning labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID; then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and-agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID, and said Surety does hereby waive notice of any such extension. Project No.ns2.5l1156.0009 -00315.—Page 1 of 2 HID BOND CITY OF PEA RLAND Bany Rose Road IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. EXECUTED, this the 15T11 day of SEPTEMBER 2004 HASSELL CONSTRUCTION COMPANY, INC. INSURANCE COMPANY OF THE WEST ESEAI ncipal Surety ~Yy. . Byq R SALYN D. SELL, ATTOR.MY-IN-FACT T . _ � b'tiL1�' M/ B PP _. TIT. c Atec t "(J J IMPORTANT Surety companies executing BONDS must be licensed to transact business in the State of Texas. FR Ir�t No,053511156.0004 00315..—Page 2 of 2 .BID RAND No. 0004645 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company 1W ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint ROXANNE G.HEBERT,BRUCE C.DEHART, DAVID R GROPPELL, ROSALYN D.HASSELL,EDWARD L.MOORE, LORI ELLIS their true and lawfitl Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001 4E�p°p't'yropry pPoq 9gy "art 'Wd�G INSURANCE COMPANY OF THE WEST = °oivolo�T c �� r� nit+ THE EXPLORER INSURANCE COMPANY '' SEAL a 7 'g INDEPENDENCE CASUALTY AND SURETY -ir°x t.+fi 74 Vp ��m�0 ¢ /a\ ' COMPANY � zoHA ea �� °�4rror4w Hj. John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. - MARL'C321 /y , CO�AIvI:#132i341 n 0 -.vsti ft NOTARYPUBLIC-CALIFORNIA is U � SAN OIEGO COUNTY: " M Commission Expires .1 -e+ ' $EPTEMB.ER 20,2005 ___ Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies. "RESOLVED: That the President,-an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact.to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,Ihave set my hand this 15TH day of SEPT , 2004 John H.Craig,Assistant Secretary - r)verify the authenticity of this Power of Attorney you may call 1-800-87.7-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. CITY OF PEARLAND Barry Rose Road AGREEMENT Lf THIS AGREEMENT is dated as of the day of in the year 2004 by and between City of Pearland, (hereinafter called OWNER)and .Hassell Construction Co., Incas , (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: Roadway widening and drainage improvements including concrete pavement, water lines, street lighting conduits, and related works on Barry Rose Road from FM 518 to Pearland Parkway 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 3. CONTRACT TIMES. 3 1 The Work will be substantially completed within 370 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 385 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, 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 Project No.052511256.0009 00500—Page 1 of 7 AGREEMENT CITY OF PEARLAND Barry Rose Road 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 paces 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 10th 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. 90 percent of Work completed and included in the Application for Payment(with the balance being retainage) 90 percent(with the balance being retainage)of materials and equipment not incorporated in the Work(but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 6 06 of the Supplementary 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 of the General Conditions. Project No.052511256.0009 00500—Page 2 of 7 AGREEMENT CITY OF PEARLAND Barry Rose Road 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 Facilities)which have been identified in the Supplementary Conditions. 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 as provided in Paragraph 2.06 of the Supplemental Conditions. 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 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. Project No.052511256.0009 00500—Page 3 of 7 AGREEMENT CITY OF PEARLAND Barry Rose Road 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 wntten 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 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. 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 13, 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(pages 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 23,inclusive). 8.9 Insurance Certificate 8 10 Technical Specification bearing the title"Mobility and Drainage Program Standard Technical Specifications, Division 2 through Division 16" Project No.052511256.0009 00500—Page 4 of 7 AGREEMENT CITY OF PEARLAND Barry Rose Road 8.11 Division 1 General Requirements included in the Specification book bearing the title "Mobility and Drainage Bond Program,Barry Rose Road." 8.12. PLANS consisting of a cover sheet and sheets numbered 1 through 132 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, and 7 03 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, and 7 03 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. 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 Project No.052511256.0009 00500—Page 5 of 7 AGREEMENT CITY OF PEARLAND Barry Rose Road 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 authonty 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.052511256.0009 00500—Page 6 of 7 AGREEMENT CITY OF PEARLAND Barry Rose Road IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in tnplicate. 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 , 2004(which is the Effective Date of the Agreement) OWNER City of Pearland CONTRACTOR H' `1/ 0 I~truction Co , Inc. By ' �� ., �i By E.J. Rc'a it'. k Executive vice Presiden [CORPOR � I.] °°°°° >. ' [C ORATE SEAL] Y b f ' o P • (A • • Attest so, 03,' Attest City Addr s or giv notices Address for giving notices 3519 Liberty Dnve 12211 Duncan Rd. Pearland,Texas 77581 Houston. TX 77066 If CONTRACTOR is a corporation,attach evidence of authority to sign). END OF SECTION Project No.052511256.0009 00500—Page 7 of 7 AGREEMENT } IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT; YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. X 3 1.C.W GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real,San Diego,CA 92130-2045 P 0 BOX 85563,San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com Bond Number 212 73 96 Hassell Construction Company, Inc. October 25,2004 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar($1.00). Important Notice. The cost of terrorism coverage is subject to change on any bond that premium is charged annually. CITY OF PEARLAND Barry Rose Road BOND NO. 212 73 96 CONSTRUCTION PERFORMANCE BOND Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable CONTRACTOR(Name and Address) SURETY (Name and Principal Place of Business) HASSELL CONSTRUCTION COMPANY, INC. INDEPENDENCE CASUALTY AND SURETY COMPANY AND 12211 DUNCAN ROAD INSURANCE COMPANY OF THE WEST HOUSTON, TEXAS 77066 P.O. BOB 85563 SAN DIEGO, CA 92186-5563 OWNER(Name and Address) City of Pearland 3519 Liberty Dnve Pearland,Texas 77581 CONSTRUCTION CONTRACT Date: Amount(In Numbers and Words) SIB MILLION SIB HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Description (Name and Location). ROADWAY WIDENING AND DRAINAGE IMPROVEMENTS INCLUDING CONCRETE PAVEMENT, WATER LINES, STREET LIGHTING CONDUITS AND RELATED WORKS ON BARRY ROSE ROAD FROM FM 518 TO PEARLAND PARKWAY BOND Date(Not earlier than Contract Date). Amount(In Numbers and Words) SIB MILLION SIX HUAIDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Modifications to this Bond Form. NONE CONTRACTOR AS PRINCIPAL SURETY Company (Corp Seal) Comppan • , (Co }. S �l HASSELL CONSTRUCTION OMP , INDEItEN D « t.4 • AND t/ AiSf1R. APP2OF THE WE '. Signature /� Signature. Od/ r Name and Title! Name and Title: ROSALYN '. HASSELL Rebecek ATTORNEY-IN-FACT xecutive Vice President Project No.052511256.0009 00610—Page 1 of 4 CONSTRUCTION PERFORMANCE BOND `,\ p ' 1 CITY OF PEARLAND Barry Rose Road 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 considenng declanng 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 nght, 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 Pnce 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.052511256.0009 00610—Page 2 of 4 CONSTRUCTION PERFORMANCE BOND c I CITY OF PEARLAND Barry Rose Road 4 4 Waive its nght 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 Pnce,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 Pnce shall not be reduced or set off on account of any such unrelated obligations. No nght 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 junsdiction 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 penod of limitation available to sureties as a defense in the junsdiction of the suit shall be applicable. Project No.052511256.0009 00610—Page 3 of 4 CONSTRUCTION PERFORMANCE BOND l r CITY OF PEARLAND Barry Rose Road 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 Pnce 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.052511256.0009 00610—Page 4 of 4 CONSTRUCTION PERFORMANCE BOND c f CITY OF PEARLAND Barry Rose Road CONSTRUCTION PAYMENT BOND BOND NO. 212 73 96 Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable CONTRACTOR(Name and Address) SURETY(Name and Principal Place of Business) HASSELL CONSTRUCTION COMPANY, INC. INDEPENDENCE CASUALTY AND SURETY COMPANY AND 12211 DUNCAN ROAD INSURANCE COMPANY OF THE WEST HOUSTON, TEXAS 77066 P.O. BOX 85563 SAN DIEGO, CA 92186-5563 OWNER(Name and Address) City of Pearland 3519 Liberty Drive Pearland,Texas 77581 CONSTRUCTION CONTRACT Date. Amount(In Numbers and Words) six MILLION SIX HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Description(Name and Location) ROADWAY WIDENING AND DRAINAGE IMPROVEMENTS INCLUDING CONCRETE PAVEMENT, WATERLINES, STREET LIGHTING CONDUITS AND RELATED WORKS ON BARRY ROSE ROAD FROM FM 518 TO PEARLAND PARKWAY BOND Date(Not earlier than Contract Date). Amount(In Numbers and Words) SIX MILLION SIX HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Modifications to this Bond Form. NONE CONTRACTOR AS PRINCIPAL SURETY Company (Corp Seal) Compare • o .. Seal HASSELL CONSTRUCTION MP , C. IND AND 1001'.'Aie IN t•:/I. -,MPANY OF THE ST Signature. Signatur lir It Name and Title. E.J—Rebecek Name and Title ROSALYN . HASSELL . ecutive,Vice' President ATTORNEY-IN-FACT � 1 1 Project No.052511256.0009 00620—Page 1 of 4 CONSTRUCTION PAYMENT BOND CITY OF PEARLAND Barry Rose Road 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, matenals 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 described in Paragraph 12) of any claims, demands, liens 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. 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. Project No.052511256.0009 00620—Page 2 of 4 CONSTRUCTION PAYMENT BOND , , t It CITY OFPEARLAND Barry Rose Road 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. 9 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 matenals 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 incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. Project No.052511256.0009 00620—Page 3 of 4 CONSTRUCTION PAYMENT BOND c CITY OF PEARLAND ' Barry Rose Road 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,materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include, without limitation in the terms, "labor, materials, or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the 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.052511256.0009 00620—Page 4 of 4 CONSTRUCTION PAYMENT BOND x • CITY OF PEARLAND Barry Rose Road BOND NO. 212 73 96 CONSTRUCTION MAINTENANCE BOND Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable CONTRACTOR(Name and Address) SURETY (Name and Pnncipal Place of Business) HASSELL CONSTRUCTION COMP, INC. INDEPENDENCE CASUALTY AND SURETY COMPANY AND 12211 DUNCAN ROAD INSURANCE COMPANY OF THE WEST HOUSTON, TEXAS 77066 P.O. BOX 85563 SAN DIEGO, CA 92186-5563 OWNER(Name and Address) CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TEXAS 77581 CONSTRUCTION CONTRACT Date Amount(In Numbers and Words). SIX MILLION STK HUNDRED TWENTY NDIE THOUSAND Two HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Descnption(Name and Location) ROADWAY WIDENING AND DRAINAGE IMPROVEMENTS INCLUDING CONCRETE PAVEMENT, WATERLINES, STREET LIGHTING CONDUITS AND RELATED WORKS ON BARRY ROSE ROAD FROM FM 518 TO PEARLAND PARKWAY BOND Date(Not earlier than Contract Date) Amount(In Numbers and Words). SIx MILLION SIX HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Modifications to this Bond Form. NONE CONTRACTOR AS PRINCIPAL SURETY Company (Corp Seal) Company Corp Seal) HASSELL CONSTRUCTION COMPANY, INC. IMEPENDEN CAS ..AND co INSURAN LSNY OF THE T Signature: Signature: Name and Title. E.J. Rebecek Name and Title: ROSALYN D. HASSELL ctitive Vice President �01 -IN-FACT f t 1. Doc Rev 02/17/00 Job No.052511256.0009 00630- 1 of 4 CONSTRUCTION MAINTENANCE BOND CITY OF PEARLAND Barry Rose Road 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 considenng 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 nght, 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 perform 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.052511256.0009 00630-2 of 4 CONSTRUCTION MAINTENANCE BOND T ( Z CITY OF PEARLAND Barry Rose Road 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 nght 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 penod 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.052511256.0009 00630-3 of 4 CONSTRUCTION MAINTENANCE BOND '7 r CITY OF PEARLAND Barry Rose Road 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 perform 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.052511256.0009 00630 -4 of 4 CONSTRUCTION MAINTENANCE BOND y i el ` No. 0004645 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint ROXANNE G.HEBERT,BRUCE C.DEHART, DAVID R.GROPPELL, ROSALYN D.HASSELL,EDWARD L.MOORE, LORI ELLIS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001 4�09"Ii)*Oh. 0%II SU9q pY moo_ INSURANCE COMPANY OF THE WEST y�\a saym c�`oPPOq�'Fym ,� THE EXPLORER INSURANCE COMPANY e gOPPOM7 x i." SEAL c, w �� '' INDEPENDENCE CASUALTY AND SURETY 'tool I,it'i ~ '�vi% .,a0 a� /a` 9 COMPANY J� rAHA� ��(IPoAN\� yl *r1 % v 7,44 ic):14464‘61.4(.4d_____ John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. r MARY COBB ,�...i C�/ ...•. - ..st CO MM #1321341 ‘..-1-'121 it NOTARY PUBLIC-CALIFORNIA to CO ` SAN D1EG0 COUNTY i ,�,y, My Commission Expires SEPT EMBER 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Powet of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER. That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,anObe seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have!Se same { force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typi,:g,or photocopying." s _:,'• ' - - CERTIFICATE - -. I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company and Independence Casualty:and:Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolution..w,;re duly adop�ccd by the , respective Boards of Directors of the Companies,and are now in full force. _ IN WITNESS WHEREOF,I have set my hand this day of . 'f ` , f � I • , i aWettjaid 1 / I { John H.Craig,Assistant Secretary - 1, - {'i- To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney1Number,e = the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety-Clairis,ICW Groti _ 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. _ c- . ACORD CERTIFICATE OF LIABILITY INSURANCE OPID Js DATE(MM/DD/YYYY) HASSE21 10/22/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Elsey & Associates ONLY AND CONFERS.NO RIGHTS UPON THE CERTIFICATE Surety/Insurance Agency, Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 21755 IH-45 North Bldg #8 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Spring TX 77388 Phone 281-651-0002 Fax 281-350-0281 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co INSURER B: American Home Assurance Co Hassell Construction Co , Inc INSURER C: Underwriters at Lloyd's London Hassell Contractors Co , Inc 12211 Duncan Road INSURER D: Houston TX 77066 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE'INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INWR AUU'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CP03994263-01 07/01/04 07/01/05 PREMISES(Eaoccurence) $ 300,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,0 0 0 X Contractual Liab PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,0 0 0,0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $2,000,000 POLICY X PRO- LOC JECT AUTOMOBILE LIABILITY A X ANY AUTO TAP3994263-01 07/01/04 07/01/05 COMccNED SINGLE LIMIT $ 1 000 000 CO ident) i i ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 B X OCCUR CLAIMS MADE BE5684303 07/01/04 07/01/05 AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND WC STAB U- OTH- X TORY LIMITS ER EMPLOYERS'LIABILITY A WC3994265-01 07/01/04 07/01/05 E.L.EACH ACCIDENT $1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE i r OFFICER/MEMBER EXCLUDED? E.L.DISEASE EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE POLICY LIMIT $ 1,000,000 OTHER C Contractors' CEIS033102 12/11/03 12/11/04 Owned/ Leased and Equipment Floater Rented Equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Mobility and Drainage Bond Program Barry Rose Road Improvements Additional Insured (except Workers' Comp/Equipment) & Waiver of Subrogation in favor of City of Pearland, Texas and Turner Collie & Braden, Inc as required by written contract CERTIFICATE HOLDER CANCELLATION CITYOFP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Pearland, Texas NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL c/o Turner Collie Braden Inc IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P 0 Box 130089 Houston TX 77219 REPRESENTATIVES. AUTHORIZED REP ESENTATIVE _ - s James 1,4 a cut ACORD 25(2001/08) ©ACORD CORPORATION 1988 4 �u CITY OF PEARLAND GENERAL CONDITIONS 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 1 103 Subcontractor 1 1 04 Written Notice 1 105 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 Determination 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 Supbnntendence 11 4 11 Character of Workers 11 4 12 Labor, Equipment, Materials, Construction Plant and Buildings 12 413 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,Matenalmen and Furnishers of Machinery and Supplies 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-n 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 Pnce 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 B1 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 engineenng 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 m 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 mterpretation, 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 conformity with the contract documents. 1 06 EXTRA WORK. The term"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,pnor to the commencement of such work,be authonzed 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 m 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 fimsh,workmanship or other quahties of similar kind which cannot, from their nature,be specifically and clearly described and specified,but are necessarily described 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 authonty to supervise or direct the furmshmg or performance of the Work or any duty or authonty 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 nght 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 accordmg to the quantity actually done and at the unit pnce, 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 furmshed 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 m preparation for the work as onginally 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, responsibilities, 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 m the execution of the work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried 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 mcluded 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 matenal,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 material 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 techmcal, 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 contmuous on;site inspections to check the quality and/or quantity of the work,nor shall the ENGINEER be in any way responsible, directly or mdirectly, 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, m the opinion of either the OWNER or the CONTRACTOR, is not m accordance with the meaning and intent of this Contract, either party may,within thirty(30) days of receipt of such decision, file its wntten 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 m the District Court, seeking a declaratory judgment or other relief to determine the intent of the contract documents. If any aggneved party shall fail to file such a petition with the District Court within the time specified, the decision of the ENGINEER shall become fmal 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 mdicated, 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 authonty 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 nght 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 4/00 00700-7 • CITY OF PEARLAND GENERAL CONDITIONS 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 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 pnce does not exceed $25,000 00, the statutory bonds will not be required. All required bonds shall be submitted on forms 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 4/00 00700-8 CITY OF PEARLAND GENERAL CONDITIONS keep in force throughout the life of this Contract, and for one additional year, insurance as hereinafter specified. Such insurance shall be earned with an insurance company licensed to transact 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 covering the operation of each subcontractor No policy shall be wntten 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 carved 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 mjury by disease: $500,000 policy limit. Bodily injury by disease: $500,000 each employee. (2) Commercial General Liability Insurance: Includmg 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: I $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 camer's nght 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 ansing from a claim not contemplated herein, such failure on the part of the CONTRACTOR shall not serve to release or m 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 carved 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. (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 4/00 00700-10 CITY OF PEARLAND GENERAL CONDITIONS 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) day tl}ereafter, cancellation or change of such policy shall be effective, with a copy of su h 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 wntmg that any worker or workers on the work are, in his opinion,mcompetent,unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the work, such worker or 4/00 00700-11 CITY OF PEARLAND GENERAL CONDITIONS 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 matenals 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 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 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 m 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 herem 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 15 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all work must be done and all matenal must be furnished m accordance with the generally accepted practice for such materials furnished or work completed. 4/00 00700-12 CITY OF PEARLAND GENERAL CONDITIONS 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 wnting, 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 maybe 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 writmg, 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 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 4/00 00700-13 CITY OF PEARLAND GENERAL CONDITIONS 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, supervisor, 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 maybe 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 maybe required by law or the contract documents. 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 4/00 00700-14 CITY OF PEARLAND GENERAL CONDITIONS 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 REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use m 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 performed, 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 bemg 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,machmery 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 observmg the extent and nature 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 4/00 00700-15 CITY OF PEARLAND GENERAL CONDITIONS of his work on the project, including,without limitation, 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 licensed 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 buildmg 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 remmders 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 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 4/00 00700-16 CITY OF PEARLAND GENERAL CONDITIONS 4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN,AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES 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 SUPPLIES, 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 m writing. 4.26 PROTECTION AGAINST ROYALTIES 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 SPECIFIED 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. 4.27 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 4/00 00700-17 CITY OF PEARLAND GENERAL CONDITIONS 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 SURETIES 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 INDEMNIFIED 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 pnmary 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 m 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 constructmg 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. 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 4/00 00700-19 CITY OF PEARLAND GENERAL CONDITIONS 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 strikes, 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 wntten 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 hi 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 m 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 m any event by reason of the CONTRACTOR's failure to complete the work within the 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 4/00 0.0700-20 CITY OF PEARLAND GENERAL CONDITIONS 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 pnces quoted by the CONTRACTOR and that such pnce 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 pnor 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 pnor to the opening of bids. 6 02 QUANTITIES 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 QUANTITIES 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 vanous classes of work to be done and material 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 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. 4/00 00700-21 CITY OF PEARLAND GENERAL CONDITIONS 6 04 PRICE OF WORK. In consideration of the furmshing 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 matenals 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 matenal not actually authonzed 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 venfymg 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 hens against OWNER's premises by reason of any work under the Contract. Acceptance by CONTRACTOR of final payment of the contract pnce 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 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, 4/00 00700-22 CITY OF PEARLAND GENERAL CONDITIONS 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. 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 wntmg, a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR's list of unfmished 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. 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 withm said 4/00 00700-23 CITY OF PEARLAND GENERAL CONDITIONS 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 o 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 m 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 Ins contractual obligations under the terms of this Contract. Neither the Certificate of Acceptance nor the final payment nor any provision m the contract documents shall relieve the CONTRACTOR of the obligation 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 matenals deemed unsuitable by the ENGINEER on account of failure to conform to the Contract,whether actually incorporated m 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. 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 4/00 00700-24 CITY OF PEARLAND GENERAL CONDITIONS for faulty materials or workmanship, arid he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom,which shall appear within a penod 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 nulhfy 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) Failure of the CONTRACTOR to make payments properly to subcontractors or for matenal or labor; (4) Damage to another contractor; (5) 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 m 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 m the contract documents entitlmg the CONTRACTOR to payment,then the OWNER shall pay to the CONTRACTOR, in addition to 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," 4/00 00700-25 CITY OF PEARLAND GENERAL CONDITIONS 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 m 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 m contract price, 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, m 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 in 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 price, 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 m the contract pnce. Any request by the CONTRACTOR for a change in contract pnce 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 written work order signed by the ENGINEER, subject,however, to the nght 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 pnces; 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,mechamcs and laborers, and materials, 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 form 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 pnces for the use of machinery and equipment shall be incorporated in the wntten 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 supenntendence 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 pnmarily on account of such Extra Work,then the cost to maintain and operate the same shall be included in the"actual field cost." 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 mvolve Extra Work for which he should receive compensation or an adjustment in the construction time,he 4/00 00700-27 CITY OF PEARLAND GENERAL CONDITIONS shall make written request to the ENGINEER for wntten order authorizing 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 nghts 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 m writing 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. hi 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 Distnct 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 m 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, 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. 4/00 00700-28 CITY OF PEARLAND GENERAL CONDITIONS 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 matenals and equipment under contract for the work,may be held for use on the work by the OWNER or the surety on the Performance 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, matenals 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 mcrease 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 hereinabove provided, shall be issued. A complete itemized statement of the contract accounts, certified by the ENGINEER as bemg 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 mcurring an 4/00 00700-29 CITY OF PEARLAND GENERAL CONDITIONS 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 pnvate 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 m 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 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 4/00 00700-30 CITY OF PEARLAND GENERAL CONDITIONS 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 wntten 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 m writing prior to arbitration. The results of arbitration shall be binding and shall constitute an amendment to the contract documents when accepted m wntmg 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 begmmng 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 matenals, 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,pnor to the end of the coverage penod, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 4/00 00700-Al CITY OF PEARLAND GENERAL CONDITIONS E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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." 4/00 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS 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 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,pnor 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 matenally 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 4/00 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS 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 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 onginal 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 appropnate 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. I. The Contractor has received (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 matenals furnished and used in the job or for work done, and hereby releases and discharges OWNER from any liabilities 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 ansing 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 CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR's 4/00 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS 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 i 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 matenals, and that OWNER shall not be subject to any bills, claims,demands, litigation or suits m 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 ongmal 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 nghts 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. 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 4/00 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS 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 Pnnt 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 propnetorship or a partnership In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines 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 day of ,20_ Notary Public, State of Texas 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 authonty, 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. We each are the persons whose names are subscribed above, and hold respectively the offices m the corporation as set out above, and each state under oath that we have the authonty 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 20 Notary Public, State of Texas My Commission Expires. 4/00 00700-B7 CITY OF PEARLAND Barry Rose Road 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 Matenal 4 2.10 Related Work at Site 5 2.11 Coordination 6 2.12 Owner May Correct Defective Work. 6 3 Rights and Responsibilities of the Engineer 7 3 08 Determination for Unit Pnces 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 12 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 14 4.32 Before Starting Construction 15 4.33 Initially Acceptable Schedule 15 4 34 Safety and Protection 16 5 Prosecution and Progress 16 5 05 Commencement of Contract Times,Notice to Proceed 16 5 06 Change of Contract Times 17 5 06 1 Claim for Adjustment 17 5 06.2 Time of Essence 17 Project No.052511256.0009 00800—Page i of ii SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 5 06.3 Delays Beyond Contractor's Control. 17 5 06 4 Delays Beyond Owner's hnd Contractor's Control 18 5 06.5 Rain Days .. 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 7 Extra Work and Claims 21 7 05 Amending and Supplementing Contract Documents. 21 7 06 Unit Price Work 21 8 Abandonment of Contract. 22 8 04 Owner May Suspend Work 22 8 05 Owner May Terminate 22 Project No.052511256.0009 00800—Page ii of ii SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 prepanng 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 2.06.2.3 any CONTRACTOR interpretation of or conclusion drawn from any"technical data" or any such data, interpretations, opinions, or information. Project No.052511256.0009 00800—Page 1 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 wnting 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 Price 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: 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 Project No.052511256.0009 00800—Page 2 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 Facilities at or contiguous to the site is accurate,correct, complete,or fit for its intended purpose. 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 Project No.052511256.0009 00800—Page 3 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Bany Rose Road 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 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 Project No.052511256.0009 00800—Page 4 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 work; and(ii)CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve 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 Project No.052511256.0009 00800—Page 5 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 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 Project No.052511256.0009 00800—Page 6 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 written 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 written 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. 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 Project No.052511256.0009 00800—Page 7 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clanfication or interpretation justifies an adjustment in the Contract Pnce 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 wntten 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 Department, 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. 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. Project No.052511256.0009 00800—Page 8 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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. 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 06, Project No.052511256.0009 00800—Page 9 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 in the Supplementary Conditions to whom a Certificate of Insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one(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. 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 Project No.052511256.0009 00800—Page 10 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road f 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 nsk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractor,or others suffenng any such loss,and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 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 perils 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 listed 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 Project No.052511256.0009 00800—Page 11 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 dunng 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 covenng 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 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 wntmg within ten(10)days after receipt of the certificates (or other evidence requested) OWNER and CONTRACTOR shall each provide to the Project No.052511256.0009 00800—Page 12 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 wasting 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 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 maybe 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 Project No.052511256.0009 00800—Page 13 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 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 written 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. Project No.052511256.0009 00800—Page 14 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 vanous 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 pnces of items aggregating the Contract Pnce and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such pnces will include an appropnate 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 appropnate 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; Project No.052511256.0009 00800—Page 15 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 4.34 1.2. all the Work and matenals 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 junsdiction 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 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 wntmg,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 Project No.052511256.0009 00800—Page 16 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 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 Project No.052511256.0009 00800—Page 17 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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. 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, Project No.052511256.0009 00800—Page 18 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 pnor 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 Pnce 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 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. Project No.052511256.0009 00800—Page 19 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 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 Project No.052511256.0009 00800—Page 20 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 appeanng 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 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 pnce 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 in accordance with Paragraph 3 1 CONTRACTOR represents that its profits are not based upon the estimated quantities of Unit Pnce 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. Project No.052511256.0009 00800—Page 21 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 7 06.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 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 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 materials 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 Project No.052511256.0009 00800—Page 22 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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 ansing 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 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 pnor 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.052511256.0009 00800—Page 23 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Barry Rose Road 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.052511256.0009 00811—Page 1 of 3 WAGE SCALE CITY OF PEARLAND Barry Rose Road Prevailing Wage Rates for Engineering Construction for Districts Located within Corporate Boundaries or ETJ of City of Pearland and Brazoria County Classification. .. <.. .,. ..<. ;.<.. .�.x .Nr <.. . .... . ... .......... .�. ,.r .. ... . .. .i.•.. . ......,... . «..-.,.<. .. :.";..; ,,. .... Wage'Rate Asphalt Raker 8.28 Asphalt Shoveler 7 45 Batching Plant Weigher/Batching Plant Scaleman 11 11 Carpenter 10.35 Concrete Finisher Paving 9 87 Concrete Finisher Structures 9 86 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(see also Concrete Paving 8 80 Curling Machine) Concrete Finishing Machine (see also Concrete Paving 11 79 Finishing Machine) Concrete Joint Sealer(see also Concrete Paving Joint Sealer) 10.50 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 Truck Mounted 12.73 Front End Loader 9.29 Milling Machine Operator 10 43 Project No.052511256.0009 00811—Page 2 of 3 WAGE SCALE CITY OF PEARLAND Barry Rose Road Classification ; 5 Wage Ratq 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 Spreader Box Operator 9 08 Work Zone Barricade 7 45 Sign Installer 7 45 Truck Driver Single Axle Light 8 15 Truck Driver Single Axle Heavy 8 76 Truck Driver Tandem Axle Semi-trailer 8.00 Truck Dnver 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.052511256.0009 00811—Page 3 of 3 WAGE SCALE CITY OF PEARLAND Barry Rose Road SECTION 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES 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 Roadway widening and drainage improvements include concrete pavement,water lines, street lighting conduits, and related work at Barry Rose Road from F.M. 518 to Pearland Parkway 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. D 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, Complete in Place 1 Include cost of a. Mobilization and demobilization b 'Performance,.Payment, and Maintenance Bonds c Insurance premiums d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Lump Slim. Maximum Bid $400,000 rrojectNo.052511256.0009 01100—Page 1 of 31 suMMARY OF WORK August25,2004 ADDENDUM NO 1 CITY OF PEARLAND Barry Rose Road B Bid Item No 2. Project Identification Signs, Complete in Place 1 Include cost of: a. Furnish project identification signs b Other appurtenant and incidental work 2 Measurement for Payment: Measure in Each C Bid Item No 3 Remove and Dispose Existing Concrete Pavement, Complete in Place 1 Include cost of: a. Removal of existing concrete paving matenals, including concrete curb attached to the pavement b Disposal of materials removed c Other appurtenant and incidental work 2. Measurement for Payment: Measure concrete in Square Yard D Bid Item No 4 Remove and Dispose Existing Asphalt Pavement, Complete in Place 1 Include cost of: a. Removal of existing asphalt paving and base materials b Disposal of materials removed c Other appurtenant and incidental work 2. Measurement for Payment: Measure in Square Yard E. Bid Item No 5 Remove and Dispose Existing Pipes (All Types) 1 Include cot of: a. Removal of existing pipes b Disposal of materials removed c Other appurtenant and mcid.ental work 2. Measurement for Payment: Measure concrete in Linear root Project No.052511256.0009 01100—Page 2.of 31 SUMMARY OF WORK August 25,2004 ADDENDUM Nth 1 CITY OF PEARLAND Barry Rose Road F Bid Item No 6 Remove and Dispose Existing Box Culverts at London Court, Complete in Place 1 Include cost of: a. Removal of existing box culverts, wingwalls and riprap b Disposal of materials removed c Other appurtenant and incidental work 2. Measurement for Payment: Measure concrete in Lump Sum G Bid Item No 7 Site Preparation, Complete in Place 1 Include cost of a. Clearing, grubbing, and removal of all obstructions including planters,boxes, fences,bnck walls,brick columns, and all demolition items that are not covered in bid item nos. 3 through 6 b Disposal of materials removed c Salvaging of designated items d. Other appurtenant and incidental work 2 Measurement for Payment: Measure in Lump Sum H. Bid Item No 8 Roadway Excavation, Complete in Place 1 Include cost of: a. Excavation b Dispose of surplus or unacceptable material c Other appurtenant and incidental work .2. Measurement for Payment: Measure in Cubic Yard I. Bid Item No 9• Channel Excavation, Complete in Place 1 :Include cost'of: a. Excavation b Dispose of surplus or unacceptable material c Other appurtenant and incidental work .ProjeOf lo.052511256.0009 01100—Page.3 0f 31 SUMMARY Qi WORK August 25,:2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 2 Measurement for Payment: Measure in Cubic Yard J Bid Item No 10 Embankment, Complete in Place 1 Include cost of: a. Placing suitable roadway excavation and borrow materials b Placing and compacting grade embankment c Other appurtenant and incidental work 2 Measurement for Payment: Measure in Cubic Yard K. Bid Item No 11 Haul and disposed of surplus Excavated Material, Complete in Place 1 Include cost of: a. Haul and dispose excavated materials into trucks b Obtain a disposal location c Other appurtenant and incidental work 2. Measurement for Payment: Payment in Cubic Yard. L. Bid Item No 12 Adjust Manholes, Complete in Place 1 Include cost of: a. Adjust existing manhole to new grade b Other appurtenant and incidental work 2. Measurement for payment: .Measure in Each M. Bid Item No 13 12-Inch Polyvinyl Chloride Storm Sewer, All Depths, Complete in Place 1 Include cost of: a. Furnish pipe,materials for pipe bedding,.and select backfill b Install materials c Compact'beddthg and backfill d. Other appurtenant and incidental work Project No:052511256.0009 01100.—Page 4 of 31 SUMMARY,OF WORK Auguse 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 2. Measurement for Payment: Measure in Linear Foot N Bid Item No 14 18-Inch Polyvinyl Chloride Storm Sewer, All Depths, Complete in Place 1 Include cost of: a. Furnish pipe,materials for pipe bedding, and select backfill b Install matenals c Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot 0 Bid Item No 15 24-Inch Reinforced Concrete Pipe Storm Sewer, All Depths, Complete in Place 1 Include cost of: a. Furnish pipe,materials for pipe bedding, and select backfill b Install materials c Compact bedding and backfill d. Pipe connection to existing and proposed box sewer e. Other appurtenant and incidental work 2 Measurement for Payment: Measure in Linear Foot P Bid Item No .16 36-Inch Reinforced Concrete Pipe Storm Sewer,All Depths, Complete in Place. 1 Include cost of: a. Furnish pipe;materials for pipe bedding, and select baokfill b. Install materials c Compact and baokfill d. Pipe connection to existing and proposed box sewer e Other appurtenant and incidental.work 2. .Measurement for Payment: Measure in Linear Foot Project No:052511i56.0d09 01100-.Page 5 of 31 SUMMARy OF WORK August25;2004 ADDENDUM NO. 1, CITY OF PEARLAND Barry Rose Road Q Bid Item No 17 48-Inch Reinforced Concrete Pipe Storm Sewer, All Depths, Complete in Place 1 Include cost of: a. Furnish pipe,materials for pipe bedding, and select backfill b Install materials c Compact bedding and backfill d. Pipe connection to existing and proposed box sewer e. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Linear Foot R. Bid Item No 18 54-Inch Reinforced Concrete Pipe Storm Sewer,All Depths, Complete in Place 1 Include cost of: a. Furnish pipe, 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 Linear Foot S Bid Item No 19. 10-Foot by 8-Foot Reinforced Concrete Box Sewer, All Depths, Complete in Place 1 Include cost of: a. Furnish box,materials for pipe bedding, and select backfill b Install materials Compact bedding and backfill d. Connection of concretebox to existing 10-foot by 6-foot box is • incidental to the pipe e. Other appurtenant and incidental work 2. •Measurement for Payment: Measure in Linear Foot Project No.652511256.0009 01100'=Page 6 of 31 SUMMARY OF WORK August 25,'2064 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road T Bid Item No 20 Type"A" Inlet, All Depths, Complete in Place 1 Include cost of: a. Furnish inlet structures,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 U Bid Item No 21 Type"BB" Inlet, All Depths, Complete in Place 1 Include cost of: a. Furnish inlet structures,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 V Bid Item No 22 Type"C" Inlet, All Depths, Complete in Place 1 Include cost of: a. Furnish inlet structures,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 W Bid Item No 23 'Type"C-1." Inlet, All Depths, Complete in Place 1 Include cost of: a. Furnish inlet structures,materials for bedding, and select backfill b Install materials Project No.052511256.0009 01100.-Page 7 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road c Compact bedding and backfill d. Other appurtenance and incidental work 2 Measurement for Payment: Measure in Each X. Bid Item No 24 Modified Type "C" Inlet over RBC, All Depths, Complete in Place 1 Include cost of: a. Furnish pipe, excavation, materials for pipe 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 Y Bid Item No 25 Modified Type "C"Inlet next to RBC, Complete in Place 1 Include cost of: a. Furnish inlet structures, 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 Z. Bid Item No 26 Type"D" Inlet,All Depths, Complete in Place 1 Include cost of: a. Furnish inlet structures,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 Project No.052511256.0009 01100—.Page 8 of 31 SUMMARY OF WORK August25,2004 ADDENDUM NO 1 CITY OF PEARLAND Barry Rose Road AA. Bid Item No 27 Type"E" Inlet, All Depths, Complete in Place 1 Include cost of: a. Furnish inlet structures,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"SET-SW-0" Wingwall/Headwall (8-foot by 10-foot), Complete in Place 1 Include cost of: a. Furnish structures, material 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 Lump Sum CC. Bid Item No 29 Type"A" Storm Sewer Manhole, (All Depths), Complete in Place 1 Include cost of: a. Excavation b Furnish matenals c Install materials d. Backfill e Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each. DD Bid Item No .30 Type"C".Storni Sewer Manhole 42" and Smaller, (All Depths), Complete in Place 1 Include cost of Project No.052511256.0009 01100—Page 9 of 31 SUMMARY OF WORK, August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road a. Excavation b Furnish materials c Install materials d. Backfill e Other appurtenant and incidental work 2 Measurement for Payment. Measure in Each EE Bid Item No 31 Type"C" Storm Sewer Manhole 48" and Larger, (All Depths), 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 FF Bid Item No 32. Replace Inlet Grate with Type"C"Manhole Casting, (All Depths), Complete in Place 1 Include cost of: a. Excavation b Furnish materials c Install materials d. Backfill. e Savaged existing structure as directed by ENGINEER f. Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each GG Bid Item No 33 Cast-In-Place.Concrete Junction Bok—Station 28+30, Complete in Place. Project No.052511256.0009 01100—Page 10 of 31 SUMMARY OF WORK August 25,.2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 1 Include cost of: a. Excavation b Furnish materials as speci ed on PLANS c Install materials d. Backfill e Other appurtenant and ma dental work 2. Measurement for Payment: Meas re in Lump Sum HH. Bid Item No 34 Cast-In-Place Concrete Junction Box— Station 41+70, Complete in Place 1 Include cost of: a. Excavation b Furnish materials as speci ied on PLANS c Install materials d. Backfill e Other appurtenant and m•idental work 2. Measurement for Payment: Measure in Lump Sum II. Bid Item No 35 Cast-In-Place Concrete Junction Box—Station 43+00,.Complete in Place 1 Include cost of: a. Excavation b Furnish materials as spec fled on PLANS c Install materials d. Backfill e. Other appurtenant and in(idental.work 2. Measurement for Payment: Mea ure in Lump Sum JJ Bid Item. No 36 Articulated Riprap, C omplete in Place Project No.052511256.0009 01100—Page 11 of 31 SUMMARY OF WORK August25,2004 ADDENDUM O. 1 CITY OF PEARLAND Barry Rose Road 1 Include cost of: a. Furnish materials include nprap blocks, geotextile filter fabric, and cable b Installation materials c Other appurtenance and incidental work 2 Measurement for Payment: Measure in Square Yard KK. Bid Item No 37 5-Inch Concrete Slope Paving, Complete in Place 1 Include cost of: a. Furnish concrete and reinforcing steel (#4 GR60 @ 12" centers) b Placement of concrete material c Other appurtenance and incidental work 2 Measurement for Payment: Measure in Square Yard LL Bid Item No 38 6-Inch Polyvinyl Chlonde Water Line, Complete in Place 1 Include cost of: a. Furnish materials including pipe, fittings, thrust restraint,bedding and select backfill b Install materials c Compact bedding and select backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot MM. Bid Item No 39 8-Inch Polyvinyl Chloride Water Line, Complete in Place 1 Include cost of: a. Furnish materials including pipe, fittings,thrust restraint,bedding and select backfill b Install materials Project No.052511256.0009 01100—Page 12 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO 1 CITY OF PEARLAND Barry Rose Road c. Compact bedding and select backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot NN Bid Item No 40 12-Inch Polyvinyl Chloride Water Line, Complete in Place 1 Include cost of: a. Furnish materials including pipe, fittings, thrust restraint,bedding and select backfill b Install materials c Compact bedding and select backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot 00 Bid Item No 41 Auger 12-Inch PVC Water Line, Complete in Place 1 Include cost of: a. Furnish materials including water line, auger equipment, fittings, thrust restraint,bedding and select backfill b Install materials c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot PP Bid Item No 42 6-Inch Steel Water Line, Complete in Place 1 Include cost of: a. Furnish materials including pipe, fittings, thrust restraint,bedding and select backfill b Install materials c Compact bedding and select backfill {. d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot I _ Project No.052511256.0009 01100—Page 13 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road QQ Bid Item No 43 8-Inch Steel Water Line, Complete in Place 1 Include cost of: a. Furnish materials including pipe, fittings, thrust restraint,bedding and select backfill b Install materials c Compact bedding and select backfill d. Other appurtenance and incidental work 2 Measurement for Payment. Measure in Linear Foot RR. Bid Item No 44 12-Inch Steel Water Line, Complete in Place 1 Include cost of: a. Furnish materials including pipe, fittings, thrust restraint,bedding and select backfill b Install materials c Compact bedding and select backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot SS Bid Item No 45 Auger 16-Inch Steel Casing with 12-Inch Steel Water Line (Auger in Place),Complete in Place 1 Include cost of: a. Furnish matenals including water line, steel casing, auger equipment, fittings,thrust restraint,,bedding and select backfill b Install materials c Compact bedding and select backfill d. Other appurtenance and incidental work 2. Measurement for Payment: Measure m Linear Foot TT Bid Item No .46 Fire.Hydrant and VaIve,.Cornplete in Place Project No.052511256.0009 01100—Page 14 of 31 SUMMARY OF WORK August 25,.2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 1 Include cost of: a. Furnish materials including fire hydrant, 6" lead,valve,bedding and select backfill b Install materials c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each UU Bid Item No 47 Adjust Water Valve Box 1 Include cost of: a. Remove and relocate existing water valve b Adjust existing water valve to new grade c Other appurtenant and incidental work 2 Measurement for Payment: Measure in Each VV Bid Item No 48 6-Inch Gate Valve and Box, Complete in Place 1 Include cost of: a. Furnish matenals including gate valve and box,bedding and select backfill b Install materials c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each WW Bid Item No 49 8-Inch Gate Valve and Box, Complete in Place 1 Include cost of: a. Furnish materials including gate valve and box,bedding and select backfill b. Install materials c. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each Project No.052511256.0009 01100—Page 15 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road XX. Bid Item No 50. 12-Inch Gate Valve and Box, Complete in Place 1 Include cost of: a. Furnish materials including gate valve and box,bedding and select backfill b Install materials c Other appurtenance and incidental work 2 Measurement,for Payment: Measure in Each YY Bid Item No 51 6-Inch Wet Connection, Complete in Place 1 Include cost of: a. Furnish materials including 6-inch pipes and fittings b Verify location of existing 6-inch water lines c Connect existing waterlines to new water line d. Other appurtenance and incidental work 2 Measurement for Payment: Measure in Each ZZ. Bid Item No 52 8-Inch Wet Connection, Complete in Place 1 Include cost of: a. Furnish materials including 8-inch pipes and fittings b Verify location of existing 8-inch water lines c Connect existing water lines to new water line d. Other appurtenance and incidental work 2 Measurement for Payment: Measure in Each AAA. Bid Item No 53 12-Inch Wet Connection, Complete in Place 1 Include cost of: a. Furnish materials including 12-inch pipes and fittings b Verify location of existing 12-inch water lines Project No.052511256.0009 01100—Page 16 of 31 SUMMARY OF WORK, August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road c Connect existing water lines to new water line d. Other appurtenance and incidental work 2 Measurement for Payment: Measure in Each BBB Bid Item No 54 16-Inch by 12-Inch Tapping Sleeve and Valve, Complete in Place 1 Include cost of: a. Install tapping sleeves and valves to existing water line b Furnish materials for connection c Compact bedding and backfill d. Other appurtenance and incidental work 2 Measurement for Payment: Measure in Each CCC Bid Item No 55 Cut, Plug, and Abandon 6-Inch Water Line, Complete in Place 1 Include cost of: a. Install plug, clamp, and reaction block existing pipe in acceptable manner as approved by Engineer b Compact bedding and select backfill c. Other appurtenance and incidental work 2. Measurement for Payment. Measure in Each DDD Bid Item No 56 Cut,Plug, and Abandon 8-inch Water Line, Complete in Place 1 Include cost of: a. Install plug, clamp, and reaction block existing pipe in acceptable manner as approved.by Engineer b Compact bedding and select backfill c Other appurtenance and incidental work 2 Measurement for.Payment. Measure in Each EEE. Bid Item No 57 Trench Safety System, Complete m Place Project No.052511256.0009 01100—'Page 17 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 1 Include cost of: a. Furnishing and constructing temporary shoring to hold surrounding earth,water or both from caving-in, or to prevent movements of the ground affecting adjacent installations or improvements b Submitting safety program for the construction of trench excavation that conforms with the OSHA 29CFR standards and provisions c Providing construction or shop drawings for trench safety system sealed by a licensed Professional Engineer d. Identifying locations needing special shoring and install safety system during construction e. Maintaining a permanent record of daily inspection of the trench safety system. f. Removing of the shoring or portion thereof after work is completed g. For all labor,tools, equipment, and incidentals necessary to complete the work. 2. Measurement for Payment: Measure in Linear Foot FFF Bid Item No 58 8-Inch Lime Stabilized Subgrade, Complete in Place 1 Include cost of: a. Furnish equipment b Preparation of lime and subgrade soils c Compaction of material d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Yard GGG Bid Item No 59 Lime, Complete in Place 1 Include cost of: a. Furnish lime for the subgrade b Other appurtenance and incidental work 2. Measurement for Payment: Measure in Ton Project No.052511256.0009 01100-Page 18 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO 1 CITY OF PEARLAND Barry Rose Road HHH. Bid Item No 60 4-Inch.Concrete Sidewalk, Complete in Place 1 Include cost of: a. Furnish materials b Place materials c Other appurtenance and incidental work 2 Measurement for Payment: Measure in Square Foot III. Bid Item No 61 8" Concrete Pavement(High Early Strength Concrete), Complete in Place 1 Include cost of: a. Furnish materials b Placement of concrete material c Other appurtenance and incidental work 2 Measurement for Payment: Measure.in Square Yard JJJ Bid Item No 62 10-Inch Concrete Pavement, Complete in Place 1 Include cost of: a. Furnish materials b Placement of concrete material c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Yard KKK. Bid Item No 63 .10-Inch Concrete Pavement(High Early Strength Concrete), Complete in Place 1 Include cost of: a. Furnish materials b Placement of concrete material c Other appurtenance and incidental work Project No.052511256.0009 01100—Page 19 of 31 SUMMARY OF WORK August25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 2. Measurement for Payment: Measure in Square Yard LLL. Bid Item No 64 Vanable Thickness Concrete Structural Pavement, Complete in Place 1 Include cost of: a. Furnish materials b Placement of concrete material c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Yard MMM. Bid Item No 65 6-Inch Concrete Driveway, Complete in Place 1 Include cost of: a. Furnish materials b Place matenals c Other appurtenance and incidental work 2 Measurement for Payment. Measure in Square Yard NNN Bid Item No 66 6-Inch Monolithic Concrete Curb, Complete in Place 1 Include cost of: a. Furnish concrete curb materials. b Install concrete curb c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Linear Foot 000 Bid Item No 67 Dowel 6-Inch Concrete Curb, Complete in Place 1 Include cost of a. Furnish concrete curb Materials b Install concrete curb c. Other appurtenance and incidental work Project No.0525.11256.0009 01100—Page 20 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road 2 Measurement for payment: Measure in Linear Foot PPP Bid Item No 68 Pedestrian Ramp (Type 1), Complete in Place 1 Include cost of: a. Furnish ramp matenals b Place ramp materials in accordance with ADA requirements c Pigment ramp in accordance with TxDOT requirements (in TxDOT right of way) d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each QQQ Bid Item No 69 Pedestrian Ramp (Type 3), Complete in Place 1 Include cost of: a. Furnish ramp materials b Place ramp materials in accordance with ADA requirements c Pigment ramp in accordance with TxDOT requirements (in TxDOT right of way) d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Each RRR. Bid Item No 70 Pedestrian Ramp (Type 7), Complete in Place 1 Include cost of: a. Furnish ramp materials b Place ramp materials in accordance with ADA requirements c Pigment ramp in accordance with TxDOT requirements (in TxDOT right of way) d. Other appurtenance and incidental work 2 Measurement for Payment: Measure in Each SSS Bid Item. No 71 Pedestrian Ramp (Randall Drive), Complete in Place Project No.052511256.0009 01100—Page 21 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO 1 CITY OF PEARLAND Barry Rose Road 1 Include cost of: a. Furnish materials b Placement of 3 feet concrete retaining wall including concrete reinforcing steel, filter fabric, under drain, handrail, concrete ramp and landing c Concrete ramp and landing including concrete, reinforcing steel, compacted sand and handrail d. Concrete guard posts e Concrete curb and gutter f. Plantings for garden area, $500 allowance g. Install and complete system as shown on plans and specified herein h. Other appurtenance and incidental work 2 Measurement for Payment: Measure in Lump Sum TTT Bid Item No 72 TPDES Requirements 1 Include cost of: a. Provide the SWPPP documents in conformance with the TPDES General Permit TXR150000 and the Construction Plans, and permits and fees b Coordinate with the Engineer and/or Owner c Other appurtenance and incidental work 2. Measurement for payment. Measure in Lump Sum WU Bid Item No 73 Stabilized Construction Exit, Complete in Place 1 Include cost of: a. Furnish,materials b Install.and remove of materials c Other appurtenance and incidental work 2 Measurement for Payment: Measure in Each Project No.052511256.0009 01100—Page 22 of 31. SUMMARY OF WORK. August 25,2004 ADDENDUM NO..1 CITY OF PEARLAND Barry Rose Road • • VVV Bid Item No 74 Reinforced Filter Fabric Bamer, Complete in Place 1 Include cost of: a. Furnish materials b Install materials c Maintain d. Other appurtenances and incidental work 2. Measurement for Payment: Measure in Linear Foot WWW Bid Item No 75 Inlet Protection Barrier, Complete in Place 1 Include cost of: a. Furnish barriers b Place barriers c Maintain d. Other appurtenances and incidental work 2 Measurement for Payment: Measure in Each XXX. Bid Item.No 76 Hydromulch Seeding, Complete in Place 1 Include cost of: a. Furnish material including seeding, fertilizer,mulch, soil stabilizer, weed control and water b Install materials Fertilize,mulch, and maintain seeded area d. Other appurtenant and incidental work 2. Measurement for payment: Measure in.Square Yard YYY Bid Item No 77 Sod Block,.Complete in Place 1 Include cost.of a. Furnish material including sod block of species Bermuda(Cynodon 'Dactylori),:fertilizer;Weed and,insect,treatment,.bank and and water Project No.052511256.0009 01.100—Page 23 of 31 SUMMARY of WORK August25,2004 ADDENDUM NO..1 CITY OF PEARLAND Barry Rose Road b Install matenals c Water, fertilize, and maintain d. Other appurtenance and incidental work 2. Measurement for Payment: Measure in Square Yard ZZZ. Bid Item No 78 Traffic Paint Pavement Markings (4-Inch Solid or Broken, White or Yellow), Complete in Place 1 Include cost of: a. Furnish materials b Install matenals c Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot AAAA. Bid Item No 79 Traffic Paint Pavement Markings (8-Inch Solid or Broken,White or Yellow), Complete in Place 1 Include cost of: a. Furnish materials b Install matenals c Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot BBBB Bid Item No 80 Traffic Paint Pavement Markings (12-Inch Solid or Broken, White or Yellow), 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 Linear Foot Project No.052511256.0009 01100—Page 24 of 31 SUMMARY OF WORK August 25,:2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road CCCC Bid Item No 81 Traffic Paint Pavement Markings (24-Inch Solid or Broken, White or Yellow), Complete in Place 1 Include cost of: a. Furnish materials b Install matenals c Other appurtenant and incidental work 2 Measurement for payment: Measure in Linear Foot DDDD Bid Item No 82 Traffic Paint Pavement Markings (ARROW, White), Complete in Place 1 Include cost of: a. Furnish matenals b Install materials c Other appurtenant and incidental work 2. Measurement for payment: Measure in Each EEEE Bid Item No 83 Traffic Paint Pavement Markings (WORD, White),.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 FFFF Bid Item No 84 Thermoplastic Pavement Markings (4-Inch Solid or Broken,White or Yellow), Complete in Place 1 Include cost of: a. Surface Preparation including blast cleaning b Furnish materials of Types.I.and II in accordance with TxDOT Specification Item 666 c Install materials. Project No.052511256.0009 01100—:Page 25 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road d. Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot GGGG Bid Item No 85 Thermoplastic Pavement Markings (8-Inch Solid or Broken, White or Yellow), Complete in Place 1 Include cost of: a. Surface Preparation including blast cleaning b Furnish materials of Types I and II in accordance.with TxDOT Specification Item 666 c Install matenals d. Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot HHHH. Bid Item No 86 Thermoplastic Pavement Markings (12-Inch Solid or Broken, White or Yellow), Complete in Place 1 Include cost of: a. Surface Preparation including blast cleaning b Furnish materials of Types I and II in accordance with TxDOT Specification Item 666 c Install materials d. Other appurtenant and incidental work 2. Measurement for.payment: Measure in Linear Foot IIII. Bid Item No 87 Thermoplastic Pavement Markings (24-Inch Solid or Broken, White or Yellow), Complete in Place 1 Include cost of: a. .Surface Preparation including blast cleaning b Furnish materials of Types I and II in accordance with TxDOT Specification Item 666 c Install materials d. Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot Project No.052511256.0009 01100-Page 26.of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road JJJJ Bid Item No 88 Thermoplastic Pavement Markings (WORD, White), Complete in Place 1 Include cost of: a. Surface Preparation including blast cleaning b Furnish materials of Types I and II in accordance with TxDOT Specification Item 666 c Install materials d. Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot KKKK. Bid Item No 89• Thermoplastic Pavement Markings (ARROW, White), Complete in Place 1 Include cost of: a. Surface Preparation including blast cleaning b Furnish matenals of Types I and II in accordance with TxDOT Specification Item 666 c Install materials d. Other appurtenant and incidental work 2. Measurement for payment: Measure in Linear Foot LLLL. Bid Item No 90• Raised Reflective Pavement Marking, CL B Type II-AA, Complete in Place 1 Include cost of: a. Surface Preparation b Furnish materials in accordance with TxDOT Specification Item 672 c Install materials d. Other appurtenant arid incidental work 2. Measurement for payment: :Mea`sure in Each Project No.65211256.0oo9 '01100—:Page 27 of 31 SUMIvfARY OF WORK August 25,2Q04 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road MMMM. Bid Item No 91 Raised Reflective Pavement Marking, CL B Type II-C-R, Complete in Place 1 Include cost of: a. Surface Preparation b Furnish materials in accordance with TxDOT Specification Item 672 c Install materials d. Other appurtenant and incidental work 2 Measurement for payment: Measure in Each NNNN Bid Item No 92. Traffic Control and Regulation 1 Include cost of: a. Provide implementation of traffic control phasing b Install traffic control signs, barricades, striping, etc c Provide flagmen and traffic control officers as required d. Other appurtenant and incidental work e. Furnish,install,move and remove Low Profile Traffic Barrier 2 Measurement for Payment: Measure in Lump Sum 0000 Bid Item No 93 Installation,Maintenance, and Removal of Asphalt Stabilized Base for Detour(Variable Thickness of Min 6-inches) 1 Include cost of: a. Furnish materials b Placement of asphalt base c Other appurtenance and incidental work 2. Measurement for Payment: Measure in Ton PPPP Bid Item No 94 Installation,Maintenance, and Removal of Asphalt Concrete Pavement for Detour 1 Include cost of: Project No.052511256.0009 01100—Page 28 of 31 SUMMARY OP WORK Augu:st25,2004 ADDENDUM NO 1 CITY OF PEARLAND Barry Rose Road a. Provide materials b Install materials, c Maintain materials d. Remove and dispose of materials e Other appurtenance and incidental work 2 Measurement for Payment: Ton QQQQ Bid Item No 95 Traffic Signs, Complete in Place 1 Include cost of: a. Provide materials b Install materials c Maintain materials d. Remove and dispose of materials e. Other appurtenance and incidental work 2 Measurement for Payment: Ton RRRR. Bid Item No 96 Traffic Signal Installation of FM 518 at Barry.Rose Road/Walnut Street, Complete in Place 1 Include cost of: .a. Provide all materials and equipment required to complete the traffic signal modifications as shown on Construction Plans b Remove and salvage existing traffic signals c Provide flagmen arid,traffic control officers as required d. Other appurtenant and incidental work. 2. Measurement for payment: Measure in Lump Sum SSSS. Bid Item No 97 2-Inch Schedule'80 Polyvinyl Chloride Conduit,,.Complete in Place 1 -Include cost of: Project No.052511256.0009 01100—Page 29 of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND Barry Rose Road a. Furnish materials in accordance with CenterPoint Energy HL&P Specification b Install materials in accordance with CenterPoint Energy HL&P Specifications c Compact bedding and backfill d. Other appurtenant and incidental work 2 Measurement for Payment: Measure in Linear Foot TTTT Bid Item No 98 Pull Box, Complete in Place 1 Include cost of: a. Coordinate with CenterPoint Energy Lighting Design Services and Engineer and/or Owner b Install pull boxes in accordance with CenterPoint Energy HL&P Specifications c Other appurtenant and incidental work 2. Measurement for Payment: Measure in Each 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: PiojectNo.052511256.0009 01100—Page 30 of 31 SUMMARY OF WORK August 25,2004, ADDENDUM NO. CITY OF PEARLAND Barry Rose Road 4 Repair or replace damaged items. 1.07 CONSTRUCTION PHOTOGRAPHS Submit preconstruction(and post construction) photographs. 1.08 WORK SEQUENCE A. The safety of the children,parents, and school district staff traveling to and from C.J Harris Elementary School on Schleider and the PISD School Bus Yard on Plum is of utmost importance B While school is in secession(mid August to the end of May)it is the CONTRACTOR's responsibility to maintain two full lanes of traffic on Schleider and Barry Rose between Schleider and Broadway 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. 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.052511256.0009 01100-Page 31.of 31 SUMMARY OF WORK August 25,2004 ADDENDUM NO. 1 CITY OF PEARLAND CONTRACTOR USE OF PREMISES • SECTION 01140 CONTRACTOR USE OF PREMISES 1.0 GENERAL 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 matenals 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 nghts-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 authonties 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 pnor to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the CONTRACTOR. C. Maintain access for emergency vehicles including access to fire hydrants. 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 pnvate 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 dnves 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 SECTION 01200 MEASUREMENT AND PAYMENT 1.0 GENERAL 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 Pnce 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 pnce 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 wntten 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 clanfication of Drawings, Specifications or Contract Documents or other information. Response by the ENGINEER to a Request for Information does not authorize the CONTRACTOR to perform tasks outside the scope of the Work. All changes must be authorized as described in this section. 1.06 PROPOSALS AND CONTRACT MODIFICATIONS A. The ENGINEER may issue a Request for Proposal,which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The ENGINEER may also request a proposal in the response to a Request for Information. CONTRACTOR will prepare and submit its Proposal within 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 prices 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. C. Agenda. 1 Distribution of Contract Documents 2. Designation of personnel representing the parties in Contract, and the Consultant. 3 Review of insurance 4 Discussion of formats proposed by the Contractor for schedule of values, and construction schedule 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. B Attendance Required. Job superintendent,major Subcontractors and suppliers, ENGINEER representatives, and Consultants as appropriate to agenda topics for each meeting. C. ENGINEER or his representative will make arrangements for meetings, and recording minutes. D ENGINEER or his representative will prepare the agenda and preside at meetings. 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 4 Identification of problems which impede planned progress 5 Review of submittals schedule and status of submittals 6. Review of Request for Information and Request for Proposal status 7 Change order status 8. Review of off-site fabrication and delivery schedules 9 Maintenance of progress schedule 10 Corrective measures to regain projected schedules 11 Planned progress during succeeding work period 12. Coordination of projected progress 13 Maintenance of quality and work standards 14 Effect of proposed changes on progress schedule and coordination 15 Other items relating to Work 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 matenal 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. 6 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 numbenng 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 vanance. 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%z" 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 Price,the schedule shall indicate dates when these items are to be purchased,when they are to be delivered, and when installed. 6 For projects where operating plants are involved, each penod 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 pnor 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 wntten 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." C Samples 1 Submit samples for review as required by the Specifications. 2. CONTRACTOR's Certification, as described in Paragraph 1 02C, shall be placed on each sample or a firmly attached sheet of paper 3 Submit the number of samples specified in Specifications, one of which will be retained by the ENGINEER. 4 Reviewed samples 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 Submit preconstruction(and post construction)photographs. 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 TO1, 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 SECTION 01420 REFERENCE STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES Section includes general quality assurance as related to Reference Standards and a list of references. 1.02 QUALITY ASSURANCE A. For Products or workmanship specified by association,trade,or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in the General Conditions. C Request clarification from ENGINEER before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street,N W Washington,DC 20001 ACI American Concrete Institute P O Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street,N W Washington,DC 20006 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W Hampden Avenue Englewood, CO 80110 AISC Amencan Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 04/00 01420 - 1 CITY OF PEARLAND REFERENCE STANDARDS AISI American Iron and Steel Institute 1000 16th Street,N W Washington,DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York,NY 10017 ANSI American National Standards Institute 1430 Broadway New York,NY 10018 APA American Plywood Association Box 11700 Tacoma,WA 98411 API American Petroleum Institute 1220 L Street,N W Washington,DC 20005 AREA American Railway Engineering Association 50 F Street,N W Washington,DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood-Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society PO Box 35104 Miami,FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue,N W Washington, DC 20036 CRD U.S Army Corps of Engineers CRSI 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 Federal Standardization Documents General Services Administration, Specifications Unit(WFSIS) 7th and D Streets, S W Washington,DC 20406 ICEA Insulated Cable Engineer Association P O Box 440 S Yarmouth,MA 02664 IEEE Institute of Electrical and Electromcs Engineers 445 Hoes Lane P 0 Box 1331 Piscataway,NJ 0855-1331 MIL Military Specifications General Services Admimstration, Specifications Unit(WFSIS) 7th and D Streets, S W Washington,DC 20406 NACE National Association of Corrosion Engineers P 0 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 0 Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S Department of Labor, Government Printing Office Washington, DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 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 0 Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 11th and Brazos Austin, TX 78701 2483 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Dnve, 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 stnngent 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 matenal 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 perform inspections,tests, and other services specified in individual specification Sections B Alternately, City Engineer may appoint, employ,and pay an independent firm to provide additignal 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 Matenals 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-conformance 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. D 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 dunng 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. F 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. B Storage of matenals not susceptible to weather damage may be on blocks off the ground. C. Store materials in a neat and orderly manner Place matenals 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 m 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 B 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 debns caused by construction operations,keeping the project site safe and orderly e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3 Obtain written consent from proper parties before entering or occupying with workers,tools,materials, or equipment,privately-owned land except on easements provided for construction. 4 Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act,omission,neglect,or misconduct in execution of the Work 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 1 Underground Structures. a. Underground structures are defined to include,but not be limited to, sewer,water, gas, and other piping, and manholes, chambers, electrical and signal conduits,tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. b. Known underground structures, including water, sewer, electric,and telephone services are shown on the Drawings in accordance with the best information 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 minimum 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,pnor to completion of Work. 2. Control traffic to prevent damage to equipment,matenals, 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 harmful 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 matenals 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 I 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 pnce 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 Pnce 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 SECTION 01550 STABILIZED CONSTRUCTION EXIT 1.0 GENERAL 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 maneuvenng 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 m 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 SECTION 01555 TRAFFIC CONTROL AND REGULATION 1.0 GENERAL 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 Uniform 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, submit schedules 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. B 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 2. 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 artenals or as directed by the ENGINEER. 04/00 01555 -2 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION D CONTRACTOR shall maintain local dnveway 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. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H. Prevent parking on or adjacent to access roads or in non-designated areas. 3.03 FLARES AND LIGHTS Provide flares and lights dunng 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 bndging against displacement by using adjustable cleats, angles,bolts or other devices whenever bndge 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 bndge, or 4 When bndge is to be used for more than five (5) consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the french 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 SECTION 01560 FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES Installation of erosion and sediment control filter fabnc fences used dunng construction and until final development of the site.I 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. C 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 fabnc bamer,measured as stated,will be paid for at the unit price bid for filter fabric fence, complete in place. D Payment for filter fabnc 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 fabnc made of either polypropylene, polyethylene, ethylene, or polyamide matenal. B Geotextile fabnc 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 fabnc 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 fabnc fence with a spade or mechanical trencher as shown on the Drawings. Lay filter fabnc 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 penods 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 fabnc 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 fabnc barrier systems shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. 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 dunng 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 bamer 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 matenal 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,prior 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. B 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,matenal 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 altenng 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 matenals near roots. 8 Cutting feeder of roots or roots larger than 1 Y2 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 vanety 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 vanety 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 nght-of-way limits and identify any tree of diameter greater than 4 inches which is to be removed. Mark trees pnor 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 dnpline 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 2Y2 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 trees or any trees that in the opinion of OWNER,have become unhealthy or unsightly or have lost their natural shape as a result of additional growth,improper pruning or maintenance, or weather conditions. 2. When tree must be replaced,the guarantee penod 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 Dewatenng 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. Depressunzation includes reduction in piezometric pressure within strata not controlled by dewatenng alone, as required to prevent failure or heaving of excavation bottom. B Excavation drainage includes keeping excavations free of surface and seepage water C Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water D Equipment and instrumentation for monitonng 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 entenng the excavation. Excavation drainage may include placement of drainage matenals, such as crushed stone and filter fabnc,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 Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J Decommission piezometers and monitoring wells installed during design phase studies and left for CONTRACTORS monitoring and use. 1.5 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. 4 A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells,monitoring installation details and criteria,type of equipment and instrumentation with pertinent data and characteristics. 5 A description of proposed filters including types, sizes, capacities and Manufacturer's application recommendations. 6 Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7 Operating requirements, including piezometric control elevations for dewatering and depressurization. 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 dunng operations. 1 Records of flow rates and piezometec elevations obtained during monitoring of dewatenng and depressurization. Refer to Paragraph 3 02,Requirements for Eductor,Well Points, or Deep Wells. 2. Maintenance records for ground water control installations,piezometers, and monitoring wells. E. Submit the following records at end of work. Decommissioning(abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for CONTRACTOR's monitoring and use. 1.6 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 dewatenng 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 dewatenng. 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 dewatenng system. E. Monitor operations to venfy 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, depressunze those zones to eliminate nsk of uplift or other instability of excavation or installed works. Allowable piezometnc 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 nse until foundation concrete has achieved design strength. H. Dunng backfillmg, 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 I. Provide a uniform diameter for each pipe drain run constructed for dewatenng. 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 dunng operations and remove it when no longer required. K. Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L. Compact backfill 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 beanng materials are predramed prior to excavation. Provide separate piezometers for monitoring of dewatenng 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 monitonng wells show that soil is predramed by an existing system such that the cntena 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 fabnc, 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 monitonng 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 monitonng wells with new piezometers or wells as necessary to meet observation schedule. C Cut off piezometers or momtonng 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 wellpomt 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 monitonng and recording and take measures as necessary to ensure effective dewatenng 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 CITY OF PEARLAND Barry Rose Road 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). B 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 appropriate 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. B 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.052511256.0009 01565—Page 1 of 16 TPDES REQUIREMENTS June 22,2004 CITY OFPEARLAND Barry Rose Road 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.052511256.0009 01565—Page 2 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road 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. D 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 permit 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 Project No.052511256.0009 01565—Page 3 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road 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. 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.052511256.0009 01565—Page 4 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 1 Notice of Intent NOl for Storm Water Discharges { ) TCEQ Office Use Only Associated with Construction Activity under the TPDES Permit Number TXR15*. •• •• •• ••-NO TPDES Construction General Permit(TXR150000) GININumber•• *• •• •• *• •• •• •• TCEQFor help completing this application,read the TXR150000 NOI Instructions C 0CEQ•20022-Instructions). A. Construction Site Operator ®New ©No Change Customer Reference Number:CN 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: Type of Operator:©Individual 0 Sole Proprietorship-D.BA.©Partnership 0 Coi poration 0 Federal Government 0 State Government©County Government 0 City Government LI Other independent Operator? D Yes©No Number of Employees:00-20 0 21-100 0101-250 0251-500 0501 or higher Federal Tax ID: State Franchise Tax ID Number, I DUNS Number: B. Billing Address Name: Mailing Address: City: I State: Zip Code: Country Mailing information(If outside USA)Territory: Country Code: Postal Code: C. Project!Site Information ©New ©No Change Regulated Entity Reference Number RN Name: Mailing Address: City: i State:_Zip Code: Physical Address: City: I County:— Zip Code: Location Access Description: Latitude:_°_ _" N Longitude: °_ _" W Degrees(°),Minutes('),and Seconds(") Latitude: Longitude:— Decimal Form Standard Industrial Classification(SIC)code: Also,describe the construction al ivity at this site(do not repeat the SIC code): Has a storm water pollution prevention plan been prepared as specified in the general permit(TXR150000)? QQ Yes 0 No Estimated area of land disturbed(to the nearest acre): Is the project I site located on Indian Country Lands?©Yes i]No Does this project I site discharge storm water into a municipal separate storm sewer system(MS4)?Dyes©No if yes,provide the name of the MS4 operator. Provide the name or segment number of the water body that receives storm water from this project I site: D. Contact If the TCEQ needs additional information regarding this application,who should be contacted? Name: Title: I Phone Number Extension: Fax Number. E-mail Address: E. Payment Information-Check i Money Order Number: Name on Checkll Money Order F Certification I certify under penalty pilaw that this document was 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. Construction Site Operator Representative: Prefix: First: Midele: Last: Suffix: Title: I Signature: , Date: If you have questions on how to fill out this form or about the storm water program,please contact us at(512)239-4671. Individuals are entitled to request and reviewthairpersonal information that the agency gatherson 4st0m5.They may also have any errors in their information corrected.To review such Information,contact us at(512)239.3262. The completed NOI must be mailed to the following address. Use the attached document to submit the 5100 application fee. Please note that the NO1 and application fee are submitted separately to different addresses. Texas Commission on Environmental quality Storm Water&General Permits Team;MC•228 P.O.Box 13087 Austin,Texas 78711.3087 TCEQ•20022(02/03) Page 1 of 2 Project No.052511256.0009 01565—Page 5 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 1 Texas Commission on Environmental Quality Payment Submittal Form The storm water application fee shall bez lent under separate cover to the Texas Commission on Environmental Quality This form must be used to submit your Storm Water Application Fee. Please complete the following information,staple your check in the space provided at the bottom of this document,and mail it to: BY REGULAR U.S.MAIL. BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office,MC-214 P O.Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 Fee Code:GPA Storm Water General Permit: TXR150000 Check/Money Order No: Amount of Check/Money Order Date of Check or Money Order Name on Check or Money Order Facility/Site Name: Facility/Site Physical Address: City: Zip Code: Staple Check In This Space TCEQ-20022(02/03) Page 2 of 2 Project No.052511256.0009 01565—Page 6 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 1 Completing the Notice of Intent for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit(TXR950000) A.Construction Site Operator Information Type of Operator Check boxes and Customer Reference Number Chock only'one box. These boxes designate the operator's status as a TCEQ"customer"--ht Check if this customer. 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," Individual is a person and has not established a business to do followed by nine digits.This is not a permit number,registration whatever causes them to be regulated by us. number,orlicense number.In the remainder of this section,we will use 'this customer"to mean the operator for Part A of the form. Sole is a business that is owned by only one person and • If this customer has not been assigned a Customer Reference Proprietorship— has not been Incorporated.This business may; Number,check"New"and leave the space for the Customer D,B,A. be under the person's name Reference Number blank. have its own name("doing businesses, or d.b.a.) • If this customer has already been assigned this number,enter the • have any number of employees operators Customer Reference Number and: • Check'No Change"if ail the remaining customer information is the Partnership is a business that is established as a panaership as same as previously reported.However,you must still complete defined by the Texas Secretary of Slate's Office. most blanks in this form for this notice of intent to be valid. Corporation meats all of these conditions: • If this customer's Information has changed since the lest time it was is a legally incorporated entity under the laws of reported to the TCEQ,check neither box and complete the any state or country remainder OM notice of intent. is recognized as a corporation by the Texas • Do not enter a permit number,registration number,or license Secretary of State number hi place of the Customer Reference Number has proper operating authority to operate In Texas, Name Federal,state, is ether an agency of orreof thena levels at Enter the legal name of this customer as authorized to do business to county,or city government or the governmental body Itset(If a utility Texas. Include any abbreviations(LLC,Inc.,etc.). government(as (istrict,water district,tribal government,college appropriate) district,council of governments,or river authority, check'Other'and write in the specific type of Mailing Address government) Enter a central and general matting address for this customer to receive mail from the TCEQ.For example,if this customer is a large company,this Other fits none of the above descriptions.Enter a short address might be the corporate or regional headquarters.On the other descript'on of the type of customer in the blank hand,for a smatter business,this address could be the same as the site provided, address. Independent Operator? If this is a street address,please follow US Postal Service Check"No"if this customer is a subsidiary or part of a larger company. standards,in brief,these standards require this information in Otherwise,check"Yea,' this order, •the"house'number—for example,the 1401 in Number of Employees 1401 Main St Check one box to show the number of employees for this customer's entire r if there is a direction before the street name,the one-or two- company,at all locations.This is not necessarily the number of letter abbreviation of that direction(N,S,E.W,NE,SE,SW,or employees at the site named in this NO). NW) a the street name(if a numbered street,do not spell out the Federal Tax ID number—for example,6th SI,not Sixth St) All businesses.except for some small sole proprietors,should have a •an appropriate abbreviation of the type of street—for example, federal taxpayer identification number(TIN),Enter this number here.Use St,Ave,Blvd,Fwy,Exwy,Hwy,Cr,Ct,La no prefixes,dashes,or hyphens.if you do not have a TIN because you are r if there Is a direction after the street name,the one-or two-letter an individual or a small sole proprietor,enter your Social Security number abbreviation of that direction(N,S,E,W,NE,SE.SW,or NW) here. Individuals and sole proprietors do not need to provide a federal tax a if there is a room number,suite number,or company mail code ID, City,State,and 2IP Code State Franchise Tax ID Enter the name of the city,the two-letter USPS abbreviation for the state Corporations and limited liability companies that operate in Texas are (for example,TX),and the ZIP Code.(Enter the full ZIP+4 if you know it.) issued a franchise tax identification number,If this customer is a corporation or limited liability company,enter this number here. Country Mailing Information Rills address is outside the United States,enter the territory name, DUNS Number country code,and any non-ZIP mailing codes or other non-U.S.Postal Most businesses have a DUNS(Data Universal Numbering System) Service features here.if this address is inside the United States,leave number Issued by Dun and Bradstreet Carp.If this customer has one,enter these spaces blank. It here. Phone Number and Extension B.Billing Address This number should correspond to this customer's mailing address given We will mail the annual fee invoice for this site to the address entered in earlier.Enter the area code and phone number here.Leave"Extension' this section. blank if this customer's phone system lacks This feature. Fax Number Name This number should correspond to this customer's mailing address given Enter the legal name of the person or business to which we should mail this site's fee invoice each year, earlier.Enter the area code and fax number here. E-mail Address Mailing Address As with the mailing address,this should be a general address that Is Enter the specific mailing address to which we should mail this site's fee appropriate for e-mail to this customer's central or regional headquarters,if Invoice each year,If this is described street address,A.Construction, c foow the er Postal applicable, Service standards as under A. Site Operator Information"on page 1 of these instructions. If"No Change"was checked for this customer, City,State,and ZIP Code you may skip the rest of the fields In this part of the form Enter the name of the city,the two-letter USPS abbreviation for the state end continue to the next part of the NOI. (for example,TX),and the ZIP Code.(Enter the full 21P+4 if you know it,) TCE0-20022-Instructions(09/02) Page 1 of 2 Project No.052511256.0009 01565—Page 7 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 1 Country Mailing Information development of the plan can be found in the Texas Pollutant Discharge If this address is outside the United States,enter the territory name, Elimination System Constracllon General Permit(TXRI50000), country code,and any non-ZIP mailing codes or other non-U.S.Postal Service features here.It this address Is Inside the United States,leave Estimated Area of Land Disturbed these spaces blank. Provide the approximate number of acres that the construction site will disturb.'Disturb'means any clearing,grading,excavating,or other similar C.Project!Site Information activities. Check boxes and Regulated Entity Reference Number These boxes designate this site's status as a TCEQ°regulated entity"—in Is the site located on Indian Country Lands? other words,a location where an activity that we regulate occurs.We Check'Yes'only if the site is on a reservation or other areas designated by assign each regulated entity a number that begins with'RN,"followed by the federal government as Indian Country Lands.If not,check'No" nine digits,This is not a permit number,registration number,or license number. Destination of Storm Water Discharge ■ If this site has not been assigned a Regulated Entity Reference The storm water from your site eventually reaches a receiving water body Number,check"New'and leave the space for the Regulated Entity such as a local stream er lake,possibly via a drainage ditch. The Reference Number blank. discharge may initially be into a municipal separate storm sewer system ■ If this site has already been assigned this number,enter the Regulated (MS4).Check the appropriate boxes for whether storm water is discharged Entity Reference Number and: Into an MS4. If you checked"Yes"to"An MS4?',then enter the name of • Check"No Change"if all the remaining information is the same as the entity that operates the storm sewer—often a city,town,or utility previously reported.However,even if there has been no change, district,but possfbly another form of government. you must complete this section at least through'E-mail Address'for this NOI to be valid, You must alto provide the name of the water body that receives the • If this site's information has changed since the last time it was discharge from the construction site(a local stream or lake), Storm water reported to the TCEQ,check neither box and complete the may be discharged directly to a receiving stream or via a storm sewer remainder of this notice of intent, system, If known,please include the segment number if the discharge is to • Do not enter permit number,registration number,or license a classified water body. number In place of the Regulated Entity Reference Number, For a map that includes segment numbers,go to: Name http:l/www,tnrcc,state.tx.usiwateriqualityldatarndex.htmt Enter the name by which you want this site to be known to the-MED. D.Contact Mailing Address Give all the relevant information for the person whom ICED can contact if Enter the specific mailing address for this site.If this is a street address, there are questions about any of the information on this form--perhaps the please follow the US Postal Service standards as described under A. same person who completed the form. Construction Site Operator Information'on page 1 of these instructions. City,State,and 21P Code E.Payment Information Provide the number and name from the check or money order used to pay Enter the name of the city,the two-leller LISPS abbreviation for the state the$100 application fee. (for example,IX),and the ZIP Code.(Enter the full ZIP+4 if you know it.) Physical Address F Certification Enter the physical address of the sits itself.ICED staff should be able to The operator must sign and date this statement to validate this NOI.Be use this address to find the site. 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 City,County,and ZIP Code Site Manager'Use the'Prefix"blank for such titles as Dr. Mr. or Ms, as Enter the name of the city,the county,and the ZIP Code.(Enter the full desired.Use the'Suffix"blank for such designations as Ph.D. Jr Sr. III, ZIP+4 if you know it) or J,D.,if applicable. For a corporation,the application shall be signed by a responsible Enter a Location Accesscl description Description of of the site based on highway corporate officer.A responsible corporate officer means a president, Etersacphys and/or permanentof the locationmaios. secretary,treasurer,or vice-president of the corporation in charge of a principal business function,or any other person who performs similar policy Latitude and Longitude or decision-making functions for the corporation;or the manager of one or more manufacturing,production,or operating facilities employing more Enter the latitude and longitude of the site in eitherdegrees,minutes,and than 250 persons or having gross annual sales or expenditures exceeding seconds or decimal form. $25 million(in second-quarter 1980 dollars),if authority to sign documents For help obtaining the latitude and longitude,go to: has been assigned or delegated to the manager in accordance with corporate procedures.Corporate procedures governing authority to sign http:I/www.tnrcc,state,tx.us/gfsldrgview.htmi permit applications may provide for assignment or delegation to applicable Standard Industrial Classification(SIC)Code and Activity Description corporate positions rather than to specific individuals. Provide the SIC code that best describes the construction activity beingFor a partnership or sole proprietorship,the application shall be signed by Y a general partner or the proprietor,respectively, conducted at the site. For a municipality,state,federal,or other public agency,the application For help with SIC codes,go to: shall be signed by either a principal executive officer or a ranking elected http://www,osha.gov/oshstatstsicser.htmt official.For purposes of this application,a principal executive officer of a federal agency Includes the chief executive officer of the agency,or a In addition to the SIC code,you must also provide a description of the senior executive officer having responsibility for the overall operations of a construction activity being conducted at the site. This may include such principal geographic unit of the agency(e.g,regional administrator of the descriptions as:'Apartment Building Construction"or"Shopping Center United States Environmental Protection Agency). Construction." Storm Water Pollution Prevention Plan Questions? This plan Identifiesthe areas and activities that could produce If you have questions about any of the information on this form,contact our Stcontaminated runoff at your site and then tells how you will ensure that this Weberm Water Program at 5121239 4(i71 or look for`Storm Water on our contamination is mitigated.For example,in describing site: g p yourt collect mitigation www.tceq.state.tx.us measures,your site's plan might Identify the devices that colle and 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 NOI.This plan must be available for a ICED investigator to review on request.Specific requirements for the TCEO.20022-Instructions(09/02) Page 2 of 2 Project No.052511256.0009 01565—Page 8 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road Attachment 2 rig P < �t 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 internet 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. I (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. Signature and Title Date Project No.052511256.0009 01565—Page 9 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 3 TPDES OPERATOR'S INFORMATION Owner's Name and Address. City of Pearland Mr Joe Wertz Project Director Project Director 3519 Liberty drive Pearland, Texas 77581 281-652-1600 Contractor's Names and Addresses: General Contractor Telephone. Site Superintendent: Telephone. Erosion Control and Maintenance Inspection Telephone. Subcontractor's Names and Addresses: Phone. Phone Note Insert name, address, and telephone number of persons or firms. Project No.052511256.0009 01565—Page 10 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road 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 Permit No TXR150000 and the Storm Water Pollution Prevention Plan for the construction site identified as part of this certification Signature. Name. (printed or typed) Title. Company Address. Date. Signature. Name. (printed or typed) Title Company Address: Date Signature. Name. (printed or typed) Title. Company Address Date. Project No.052511256.0009 01565—Page 11 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 5 •cf.o srq• s EPA NPDES ie-0/0 tif ,'"' '` Construction m; �. �� ri 02 �. AR 41. Inspection Form opts The following inspection is being perfonned incompliance with Pan i V.D.A.of the NPOES Region 6 Storm Water Construction General Permit 163 Fed.ang.36502)and being retained in accordance with Part V oldie Penh.Qualified personnel(provided by the perminee or cooperatively by multiple permincesishall inspect disturbed ereas of the construction site that have not been finally stabilized,areas used for storage of materials that aro exposed to precipitation,placement and eflbetiveness of structural control measures,and locations where vehicles enter or exit the site.Inspections shall be performed at least once every 14 days and within 24 hours of the end eta stonn event of 0.5 inches or greater.Where sites have been temporarily stabilized,runoff is unlikely due to winter conditions,ordering seasonal arid periods in arid areas(0-10 inches of rainfall annually)and semi-arid areas(10-20 inches annually)such inspections shall be conducted at leas once every month. This form is primarily intended for use with construction projects in Texas and New Mexico. Penniuees on Indian Country lands in Oklahoma.Louisiana and Arkansas and snow oil and gas facilities in Oklahoma may use this form if they are eligible for this permit.Other facilities need to check with their,NPDF.S authority before using this form. If you do not know your NPOES Permit Number,contact the NOI Processing Center at(301)495-4 145.This form was prepared as an example and it is not a required form for use with the permit. Alternative fonts may be used if they contain all of the required intonation as set forth in the permit.This form and additional information regarding the NPDES Region 6 storm water program may be found on the Internet at htneffe vw.cpa.novtreniott iswJ.Any person with a complaint about the operation of this facility in regards to this permit should contact EPA Region bat(2141665.7112. Permit Numbers)covered by this inspection(e.g.owners,developers, general contractor,builders) Signature and Certification in accordance (ecnify under penalty of law that this document and all attachments were prepared with Part VI.G of the permit: under my direction or supervision in accordance with a system designed to assure that p qualified personnel properly gathered and evaluated 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 that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Signature Date Date of Inspection Inspector Name Is there a copy of the permit language • YES • NO with the SWPPP? Is the inspector qualified and are the • YES • NO qualifications documented in the SWPPP? Is an NPDES storm water construction • YES • NO sign posted at the entrance for all permittees? You may want to use EPA Region 6 construction checklist to assure components of the SWPPP are complete.This form,the construction sign. and the checklist are available on the Region 6 NPDES Storm Water humus and Documents web page which may be found on the interne(at http://www.cna.n!ov/enrth1r6//6cniwiforr>.ww.htm In addition to the checklist,you should provide a narrative(sec next page)on the existing Best Management Practices and Structural Controls found during each inspection. Any problems identified in an inspection should be corrected within?days. Thu 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 sources such as fuel tanks,paints,solvents,stabilization materials,concrete hardncr.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 after an inspection to show controls that have been added or removed,to ensure the site map is kept current in accordance with Pan iV,C. of the permit. Revision 4,March 1,2000 Project No.052511256.0009 01565—Page 12 of 16 TPDES REQUIREMENTS Jane 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 5 Narrative 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 flailed,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 arc to have authority to make changes to the SWPPP to assure compliance. Controls that have not been installed should be given a reason why they are not installed and/or a scheduled date for installation if they are designed for a later phase of construction. After the inspection,the SWPPP and its site map should be 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 if the controls have been removed because they are no longer necessary(e.g.stabilization has been achieved in that area). Revision 4,March 1,2000 Project No.052511256.0009 01565—Page 13 of 16 TPDES REQUIREMENTS Jane 22,2004 CITY OF PEARLAIVD Barry Rose Road ATTACHMENT 6 Notice of Termination (NOT) for Storm TCEQ Office Use Only Water Discharges Associated with TPDES Permit Number TXR15•• •• •• •• NO sitto Construction Activity under the TPDES GIN Number•• •• •• •• •• •• •. Construction General Permit(TXR150000) TCEQFor help completing this application,read the TXR160000 NOI Instructions(TCE0•20023-Instructions). A. TPDES Permit Number TXR15 S. Construction Site Operator Customer Reference Number CN 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: C. Project/Site Information Regulated Entity Reference Number RN Name: Physical Address: Location Access Description: City: County — Zip Code: 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 Termination,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 at(512)239-4671 Individuals are entitled to request and review their personal information that the agency gathers on 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 I Project No.052511256.0009 01565—Page 14 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road 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 B.Construction Site Operator Information Permittees disturbing 5 acres or more(or part of a larger Customer Reference Number common plan of development or sale disturbing 5 acres or This number designates the operator's status as a TCEQ more)who are presently covered under the Texas "customer—in other words,an individual or business that is Pollutant Discharge Elimination System(TPDES) involved in an activity that we regulate.We assign each customer Construction General Permit must submit a Notice of a number that begins with"CN"followed by nine digits.This is Termination(NOT)when final stabilization has been not a permit number,registration number,or license number. achievedIn the remainder of this section,we will use"this customer to on all portions of the site that Is the responsibility mean the operator for Part B of the form. of the permittee;or another permitted operator has • If this customer has not been assigned a Customer assumed control over all areas of the site that have not Reference Number,leave the space for the Customer been finally stabilized and all silt fences and other Reference Number blank. temporary erosion controls have either been removed, ■ If this customer has already been assigned this scheduled for removal as defined in the SWP3,or number,enter the operator's Customer Reference transferred to a new operator if the new operator has Number sought permit coverage. Erosion controls that are • Do not enter a permit number,registration designed to remain in place for an indefinite period,such number,or license number in place of the as mulches and fiber mats,are not required to be removed Customer Reference Number. or scheduled for removal. Final Stabilization occurs when either of the following Name conditions are met: Enter the legal name of this customer as authorized to do business in Texas. Include any abbreviations(LLC,Inc., (a) All soil disturbing activities at the site have been etc.). completed and a uniform(e.g,evenly distributed, Mailing Address without large bare areas)perennial vegetative cover Enter a central and general mailing address for this with a density of 70%of the native background customer to receive mail from the TCEQ.For example,if vegetative cover for the area has been established on this customer is a large company this address might be all unpaved areas and areas not covered by the corporate or regional headquarters.On the other hand, permanent structures,or equivalent permanent for a smaller business,this address could be the same as stabilization measures(such as the use of riprap, the site address. gabions,or goetextiles)have been employed. (b) For individual lots in a residential construction site by If this is a street address,please follow US Postal either Service standards.In brief,these standards require this information in this order (1) the homebuilder completing final stabilization as • the"house"number—for example,the 1401 in specified in condition(a)above;or 1401 Main St (2) the homebuilder establishing temporary leif there is a direction before the street name, stabilization for an individual lot prior to the time the one-direction or(N,two-letter abbreviation of that of transfer of the ownership of the home to the theeenameS, (ifi W, umNE ereSE, street,or NW) buyer and after informing the homeowner of the • street b a numbered do not need for,and benefits of,final stabilization. spell out the number—for example,6th St,not Sixth St) (c) For construction activities on land used for agricultural ■ an appropriate abbreviation of the type of purposes(e.g.pipelines across crop or range land), street for example,St,Ave,Blvd,Fwy Exwy final stabilization may be accomplished by returning Hwy,e is aC Ln one- the disturbed land to its preconstruction agricultural • if there et a direction afterabbreviation the thatstrdir name,the use. Areas disturbed that were not previously used for W,r two-letterSW, r W of direction(N,S,E, agricultural activities,such as buffer strips immediately • NE,SE, or NW) adjacent to a surface water and areas which are not there is a room number,suite number or being returned to their preconstruction agricultural use company mail code must meet the final stabilization conditions of condition City,State,and ZIP Code (a)above. Enter the name of the city,the two-letter USPS A.TPDES Permit Number abbreviation for the state(for example,TX),and the ZIP Provide the TPDES permit number assigned to the Code.(Enter the full ZIP+4 if you know it.) operator of the construction site. TCEQ!20023•Instructions(09102) Page 1 of 2 Project No.052511256.0009 01565—Page 15 of 16 TPDES REQUIREMENTS June 22,2004 CITY OF PEARLAND Barry Rose Road ATTACHMENT 6 Country Mailing Information E.Certification If this address is outside the United States,enter the The operator must sign and date this statement to validate territory name,country code,and any non-ZIP mailing this NOI.Be sure to enter the full legal name of the person codes or other non-U.S.Postal Service features here.If signing the form and the relevant title—for example, this address is inside the United States,leave these "Operator,""Operator's attorney,"or"Senior Site spaces blank. Manager"Use the"Prefix"blank for such titles as Dr.,Mr., or Ms.,as desired.Use the"Suffix"blank for such Phone Number and Extension designations as Ph.D.,Jr.,Sr.,Ill,or J.D.,if applicable. This number should correspond to this customer's mailing address given earlier.Enter the area code and phone For a corporation,the application shall be signed by a number here.Leave"Extension"blank if this customer's responsible corporate officer A responsible corporate phone system lacks this feature. officer means a president,secretary,treasurer,or vice- president of the corporation in charge of a principal Fax Number business function,or any other person who performs This number should correspond to this customer's mailing similar policy or decision-making functions for the address given earlier Enter the area code and fax number corporation;or the manager of one or more manufacturing, here. production,or operating facilities employing more than 250 persons or having gross annual sales or expenditures E-mail Address exceeding$25 million(in second-quarter 1980 dollars),if As with the mailing address,this should be a general authority to sign documents has been assigned or address that is appropriate for e-mail to this customer's delegated to the manager in accordance with corporate central or regional headquarters,if applicable. procedures.Corporate procedures governing authority to sign permit applications may provide for assignment or C.Project/Site information delegation to applicable corporate positions rather than to Regutated Entity Reference Number specific individuals. This number designates this site's status as a TCEQ "regulated entity"—in other words,a location where an For a partnership or sole proprietorship,the application activity that we regulate occurs.We assign each regulated shall be signed by a general partner or the proprietor, entity a number that begins with"RN,"followed by nine respectively digits.This is not a permit number,registration number,or license number For a municipality,state,federal,or other public agency, • If this site has not been assigned a Regulated Entity the application shall be signed by either a principal Reference Number,leave the space for the Regulated executive officer or a ranking elected official.For purposes Entity Reference Number blank. of this application,a principal executive officer of a federal • If this site has already been assigned this number, agency includes the chief executive officer of the agency, enter the Regulated Entity Reference Number or a senior executive officer having responsibility for the • Do not enter a permit number,registration number, overall operations of a principal geographic unit of the or license number fn place of the Regulated Entity agency(e.g.regional administrator of the United States Reference Number Environmental Protection Agency). Name Questions? Enter the name by which you want this site to be known to If you have questions about any of the information on this the TCEQ, form,contact our Storm Water Program at 512/239-4671 or look for"Storm Water"on our Web site: Physical Address www.tceq.state.tx.us 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) Page 2 of 2 Project No.052511256.0009 01565—Page 16 of 16 TPDES REQUIREMENTS June 22,2004 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, stonng,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 scanfying 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 Irngation 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 debns and mud earned 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 matenals, 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 matenals 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 carved 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 Shonng 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. C No payment will be made for trench safety systems for structural excavations under this section. Include payment for trench safety system in applicable structure installation sections. D Refer to Section 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 Shonng Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems, sheet piling, cribbing,bracing, shoring, dewatenng 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 Shonng: 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 Geotechmcal 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 Shonng at the locations shown on the Drawings. C. Obtain verification from a competent person, as identified in the CONTRACTOR's trench excavation safety program,that trench boxes and other premanufactured systems are 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 01570-3 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 Venfy 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, storm 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 lettenng, 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 %2-inch by 5'A-inch button head carnage bolts to attach sign to posts and %2-inch by 31/2-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 3/a-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 weathenng. 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 Scotchhte Engineer Grade,Pressure Sensitive Sheeting(White), or approved equal. 2. Sign Border Add TA-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. Lettenng: 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. B 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. C. 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 B 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 matenal 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 matenals 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 drives 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 1 SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A. Options for making product or process selections. B Procedures for proposing equivalent construction products or processes, including preapproved,and approved products or processes. 1.02 DEFINITIONS A. Product: Means materials, equipment, or systems incorporated into the Project. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re-use. B Process. Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section,the word Product includes Processes. 1 / 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 C 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. C. The OWNER retams the nght 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 descnption,performance and test data,and reference standards. I c Samples, as applicable. 1 _ 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 0 3 For construction methods: a. Detailed description of proposed method. b Drawings illustrating methods. 4 Itemized companson 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 companson with product or method specified. 8. Other information requested by the ENGINEER. E. Approved alternate products will be subject to the same review process as the specified product would have been for shop drawings,product data,and samples. 2.0 PRODUCTS (NOT USED) a 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 Conform 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 venfying 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. I 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 I CITY OF PEARLAND FIELD SURVEYING 4 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 appropnate 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 Venfy periodically layouts by same means. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 1 I 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 remspection 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 authonzed 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. 1 END OF SECTION 1 ' 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. B Contract Drawings, Change Orders, and Shop Drawings. Legibly mark each item to record all actual construction, or"as built"conditions, including: 1 Measured honzontal 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 onginal 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. B 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 dunng warranty penod. 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 pnor to Final Acceptance. 1.03 FINAL CLEANING A. Execute final cleaning pnor to final inspection. B. Clean debris from drainage systems. C Clean site; sweep paved areas,rake clean landscaped surfaces. D Remove waste and surplus matenals,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-nng/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 4 04/00 01770-2 SUPPLEMENTAL TECHNICAL i SPECIFICATIONS 1 CITY OF PEARLAND CONCRETE PAVEMENT SUPPLEMENTARY SPECIFICATION SECTION 02751 CONCRETE PAVEMENT The following supplement modifies Specification Section 02316 Where a portion of the specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. 1 Delete Paragraph 2.01 C and replace with the following: "C Coarse Aggregate. Coarse Aggregate shall be crushed limestone No hard rock aggregate will be allowed." 1 Maximum percentage by weight of deleterious substances shall not exceed following values. Percent by Weight of Total Item Sample Maximum Clay lumps and friable particles 3 0 Matenal finer than 75-µm(No 200) sieve. Concrete subject to abrasion 3 0* All other concrete 5 0* Coal and lignite. Where surface appearance of concrete is of importance 0.5 All other concrete 1 0 *In case of manufactured sand, if material finer than 75-µm(No 200) sieve consists of dust of fracture, essentially free from clay or shale, these limits may be increased to 5 and 7 percent, respectively 2 Coarse aggregate (size 1%2 inch to No 4 sieve) shall conform to requirements of ASTM C33 Gradation shall be within following limits when graded in accordance with ASTM C136 Sieve Designation (Percentage By Weight) (Square Openings) Retained on 13/4-inch sieve 0 Retained on 1'/2-inch sieve 0 to 5 Retained on 3/4-inch sieve 30 to 65 Retained on 3/8-inch sieve 70 to 90 Retained on No 4 sieve 95 to 100 Loss by Decantation Test Method Tex-406-A 1 0 Maximum 06/04 02751 - S 1 CITY OFPEARLAND CONCRETE PAVEMENT ' 2. Delete Paragraph 2.O1.D and replace with the following: D Fine Aggregate: Sand,manufactured sand, or combination thereof,composed of clean,hard, durable, uncoated grains, free from loarns or other injurious foreign matter Fine aggregate for concrete shall conform to requirements of ASTM C33 Gradation shall be within following limits when graded in accordance with ASTM C136 Sieve Designation (Percentage By Weight) (Square Openings) Retained on 3/8-inch sieve 0 Retained on No 4 sieve 0 to 5 Retained on No 8 sieve 0 to 20 Retained on No 16 sieve 15 to 50 Retained on No 30 sieve 35 to 75 Retained on No 50 sieve 65 to 90 Retained on No 100 sieve 90 to 100 Retained on No 200 sieve 97 to 100 1 The use of limestone dust of fracture as fine aggregate shall not be permitted. When subjected to color test for organic impurities(ASTM C40), fine aggregate shall not show color darker than standard color Fine aggregate shall be subjected to Sand Equivalent Test(Tex-203-F) Sand equivalent value shall not be less than 80,unless higher value is shown on Drawings. 2. The acid insoluble residue of the fine aggregate shall not be less than 85% by weight when tested in accordance with test method Tex-612 J When natural sand is used as fine aggregate this requirement will be waived. 3 Delete Paragraph 2.01.E and replace with the following: E. Mineral Filler Class C fly ash of acceptable quality and meeting requirements of ASTM C618 may be used as mineral admixture in concrete mixture. When fly ash mineral filler is used,it shall be stored and inspected in accordance with ASTM C618 Fly ash shall not be used in amounts to exceed 30 percent by absolute volume of cement-thous material in mix design. Note. When fly ash is used,the term "cement" is defined as cement plus fly ash. 5 Delete Paragraph 3 14.A and replace with the following: "A. The Contractor shall use transverse saw cut control joints spaced at 20'-0" c/c except where coincidental with expansion or construction joints. The Contractor may use longitudinal saw cut control joints as an alternate to the deformed metal strip control joint. Circular cutter shall be capable of cutting straight line groove minimum of 3/8 inch wide. Depth shall be one quarter of pavement thickness plus %2 inch. Commence sawing as soon as concrete has hardened sufficiently to permit 06/04 02751 - S2 CITY OF PEARLAND CONCRETE PAVEMENT cutting without chipping, sinning or teanng and pnor to initiation of cracks. Once sawing has commenced,it shall be continued until completed. Make saw cut with one pass. Complete sawing within 12 hours of concrete placement. Saw joints at required spacing consecutively in sequence of concrete placement. 6 Delete Paragraph 3.25.D and replace with the following: D At the Engineer's direction a minimum of one 4-inch core may be taken at random locations per 1,000 feet per lane or 500 square yards of pavement to measure in-place depth. Each core may be tested for 28-day compressive strength according to methods of ASTM C42. The 28-day compressive strength of each core tested shall be a minimum of 3500 pounds per square inch. Compressive strength shall not be utilized to satisfy the flexural strength requirements. END OF SECTION I 06/04 02751 - S3 CITY OF PEARLAND TRAFFIC PAINT (WATER BASED) ' SECTION 02763 TRAFFIC PAINT (WATER BASED) 1.0 GENERAL 1.01 SECTION INCLUDES A. Traffic paint(water based) 1.02 UNIT PRICES A. Measurement for traffic paint(water based) pavement markings is on a linear foot basis,measured in place. B Refer to Section 01200 -Measurement and Payment for unit price procedures. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01350 - Submittals. 1 B Coatings shall conform on a weight basis, to the composition requirements of the standard formula. The finished coatings shall conform with all requirements stipulated for each standard formula and in addition shall equal a Wet Standard in characteristics such as color,drying,flow,settling,brush ability,can stability, hiding, etc C Film characteristic shall conform with gloss, hardness, light permanency, adhesion,etc When testing for such conformity,the coating shall be applied and tested under parallel conditions with the Wet Standard. D The finished product shall be free of skins and foreign materials. All products required to meet these specifications shall be inspected and tested. Testing shall be done in accordance with the Texas State Department of Public Transportation, "Manual on Testing Procedures" 1.04 DELIVERY AND STORAGE A. Shipment shall be made in suitable, strong, well sealed containers that meet specifications and federal requirements. Shipment shall also sufficiently sturdy to withstand normal handling to which shipments are subjected in transit. Finished coating containers and cases shall be plainly marked and securely labeled with the name and designation of the coating,order number,requisition number, batch number, date of manufacture, gross weight and manufacturer's name. Labeling shall be on the sides of containers and cases. Labels must be 10/02 02763-1 CITY OF PEARLAND TRAFFIC PAINT (WATER BASED) sufficiently moisture resistant to withstand outdoor storage for a minimum of one year When the finished product is palletized for shipment,the labels shall be on the outside for easy identification. B Raw materials and finished coatings,when stored,shall be in an orderly fashion that will permit proper and correct inventory of these materials at all times. C Containers shall be filled by weight based on the actual gallon weight of the paint at 77°F 2.0 PRODUCTS 2.01 RAW MATERIALS A. The exact brands and types of raw materials used in the Wet Standard are listed for the purpose of facilitating the selection. The selection of parallel material equal not only in quality and composition but also in physical and chemical behavior after being used in the finished product. B Materials shall conform with the latest edition of Federal &ASTM Specifications. C Pigments. 1 White a. Titanium Dioxide shall meet ASTM Specification D476, Type I or II. b Lead Free Zinc Oxide shall meet ASTM Specification D79, either American process or French process. 2. Colored. Titanium Dioxide,Rutile, non-chalking: Specific Gravity 4 05 to 4 15 Oil Absorption 16 to 20% Moisture 0 5%Max. Pigment Retained 0 1%Max. On No 325 Sieve Ti02 Content 95%Min. Fe203 Content 2.0 to 3 0% pH 6.5to70 Ignition Loss 0.35%Max. Y (luminosity) 42 5 to 45 5 D Medium Chrome Yellow 1 Color and Characteristics. The luminance factor of the pigment shall be 10/02 02763-2 CITY OF PEARLAND TRAFFIC PAINT (WATER BASED) within the limits listed below when tested before and after exposure. Min. Max. Initial 53 59 Final 45 -- In addition,the allowable change between the imtial and final luminance factors shall be no more than 9 units. The initial and final CIE Chromaticity Color coordinates of the pigment shall be within the rectangle defined by the sets of coordinates (0 490, 0 455), (0.511, 0 433), (0.514, 0 480), and(0.535, 0 488) 2. Method of Test. The pigment shall be tested in accordance with Test Method Tex-810-B,two coats. The formulation for the test enamel usmg the pigment to be tested is as follows. a.) Material Parts by Weight Medium Chrome Yellow 600 75%Traffic Alkyd Resin(1) 298 4% Calcium Dner 5 6% Cobalt Drier 2 6%Zirconium Drier 2 Anti-Skinning Agent 2 Mineral Spirits 172 (2) b) Traffic Alkyd Resin Solution shall meet the requirements of the part of this section titled "Resins" below c.) The amount of Mineral Spirits may be vaned slightly to produce the desired grinding consistency d.) Extenders 1 Calcium Carbonate CaCo3 97 0%Min. H2O 0 4%Max. Density 2 6302 to 2 7299 Weight Retained on No 325 Sieve 0 75%Max. Color Equal to material listed in Standard Formula. Substitution in a Standard Formula shall not result in a viscosity variation greater than 5 KV 2. Talc-ASTM D605 10/02 02763-3 CITY OF PEARLAND TRAFFIC PAINT (WATER BASED) 3 Silica Si02 99.5%Min. H2O 0 05%Max. Density 2.5810 to 2.7011 Oil Absorption 25 lb/100 lb Max. ASTM D281 Weight Retained on No 325 Sieve 1 0%Max. E. Resins 1 Acrylic Traffic Resin shall be similar and equal to the standard sample approved by the State Department of Transportation. Solid Contents,Percent 60 0 - 62.0 Viscosity,#3 Spindle 840- 860 60 RPM, cps pH 88 - 90 Density, 25°C C 1 066 to 1 078 2. In addition to the above requirements,the infrared spectrum and gel permeation chromatogram shall match the standard spectrum and chromatogram on file with the State Department of Public Transportation. F Miscellaneous Materials 1 Water, Potable 2. Methyl Alcohol, ASTM D1152 with Refractive Index 1, 3320 Max. 3 Diethylene Glycol Monobutyl Ether, Glycol Ether DB Boiling Range, C° 228 to 234 Flash Point, C°,COC 115 Min. Density, 25, C° 0 948 to 0.953 Refractive Index, 20°C 1 4314 to 1 418 Color Water, White Appearance Clear, Sediment Free Refractive Index 1 4290 Min. 4 Anti-Skinning Agent 5 Dispersant-Byk 156,Byk Chemie 6 Surfacant-Tnton CF-10,Union Carbide 7 Defoamer 8 Hydroxy Ethyl Cellulose-Natrasol 250 LR,Aqualon 9 Attapulgate Clay-Attagel 50,Eulehard 10 Preservative 10/02 02763-4 CITY OF PEARLAND TRAFFIC PAINT (WATER BASED) 4 G FORMULA 1 WPT-10, WHITE WATER BASED TRAFFIC PAINT POUNDS Acrylic Emulsion, 60% Solids,Rhom&Haas, TP-257 460 Coalescent, Glycol Ether DB 20 Coalescent, Exxon, Exxate 800 10 Titanium Dioxide, Rutile Type II 150 Silica 125 Calcium Carbonate, JM Huber,Hubercarb M-4 400 Attapulgate Clay,Engelhard, Attagel'50 4 Hydroxy Ethyl Cellulose,Aqualon,Natrosol, 250 LR 2 Defoamer 4 Dispersant,Byk Chemie,Byk 156 6 Surfactant,Union Carbide, Tnton CF-10 2 Methyl Alcohol 20 Preservative 3-7 Water,Potable 90 TOTAL 1300 Density±0 05 Kg of theorectical density Grand. 4 Min Particles 8 Max (Test Method Tex-806-B) Viscosity 80-100 KV Skinning:No skinning within 48 hours (Test Method Tex-811-B) 2. YPT-10,YELLOW WATER BASED TRAFFIC PAINT POUNDS Acrylic Emulsion, 60% Solids,Rhom&Haas, TP-257 460 Coalescent, Glycol Ether DB 20 Coalescent, Exxon, Exxate 800 10 Medium Chrome Yellow, Cookson Y-969-L 125 Titanium Dioxide,Rutile Special 25 Silica 125 Calcium Carbonate, JM Huber,Hubercarb M-4 430 Attapulgate Clay,Eugelhard,Attagel 50 4 Hydroxy Ethyl Cellulose, Aqualon,Natrosol, 250 LR 2 Defoamer 4 Dispersant, Byk Chemie,Byk 156 6 Surfactant,Union Carbide, Triton CF-10 2 Methyl Alcohol 20 Preservative 5 Water, Potable 90 TOTAL 1328 Gallon Weight: ±0 10 lb of theoretical gallon weight Gnnd. 4 Min Particles. 8 Max (Test Method Tex-806-B) 10/02 02763-5 CITY OF PEARLAND TRAFFIC PAINT (WATER BASED) Viscosity 80-100 KV Skinning:No skinning within 48 hours (Test Method Tex-811-B) 3.0 EXECUTION 3.01 CONSTRUCTION METHOD All traffic paint applications shall meet the following requirements. A. Traffic paint shall be applied with a minimum thickness of 10 mils, measured in dry condition,prior to adding any glass reflective spheres. B No thinning of the paint is allowed after paint is received from the manufacturer Paint striping shall be applied when the air temperature is 45°F., and rising. C. Paint marking shall be applied and measured to±1/4" of the specified widths. Paint thinner can only be used to flush the pumps. The flushing liquid is not to go through the spray nozzles and onto the roadway D All traffic paint marking not meeting these requirement shall be"touched- up"and/or completely remarked to these standards and in accordance with the drawings at Contractor's cost. E. Where traffic buttons exist,the paint shall be applied to the pavement adjacent to, but not on the buttons or markers,unless another method is specified. 3.02 TESTING A. When required,the Contractor shall pay for and provide a testing report to the City performed by a local testing laboratory designated by the Engineer The report shall venfy that the raw and finished materials, to be supplied under this contract,meet the requirements of this specification. These tests shall be paid for by the Contractor 3.03 REJECTION A. Materials and finished products which fail to meet any or all requirements of these specifications shall be subject to rejection. All materials and finished products rejected by the Engineer, whether in containers or applied to the roadway surface, shall be removed from the job site and replaced with materials meeting specifications and requirements and all costs of such removal and replacement shall be borne by the Contractor END OF SECTION 10/02 02763-6 CITY OF PEARLAND TRAFFIC SIGNAL INSTALLATION SECTION 02890 TRAFFIC SIGNAL INSTALLATION 1.0 GENERAL 1 01 SECTION INCLUDES Traffic signal installation for the intersection of FM 518 at Barry Rose Road/Walnut Street 1.02 UNIT PRICE Traffic signal installation. Measurement and payment shall be on a lump sum basis for traffic signal installation,as shown on plans. The amount paid shall be based on the schedule of values submitted for signal installation. 1.03 SUBMITTALS A. Traffic signal mstallation prepared in accordance with the Texas Manual of Umform Traffic Control Devices(TMUTCD)and sealed by a registered Professional Engineer are mcluded m plans. B For traffic signal installation of FM 518 at Barry Rose Road/Walnut Street,submit schedule of values within thirty(30)days following the Notice to Proceed. Refer to Section 01350— Submittals. C. Make submittals in accordance with the Section 01350—Submittals. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS,AND DEVICES All reference Item numbers and Codes shall be in accordance with TxDOT's "Standard Specifications for Construction of Highways, Street and Bridges"latest revision. 3.0 EXECUTION 3.01 PUBLIC ROADS A. The Contractor shall 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 Section 01555 — Traffic Control and Regulation. 06/04 02890-1 CITY OF PEARLAND TRAFFIC SIGNAL INSTALLATION 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 FM 518 at Barry Rose Road / Walnut Street, or as directed by the Engineer D Contractor shall maintain local driveway access to commercial property adjacent to work areas at all times. E. Contractor shall keep the adjacent street within the work areas clean. The street used for entering or leaving the job area free of excavated material, debris, and any foreign material resultmg from construction operations. F Control vehicular parking to prevent interference with public traffic and parking,and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H. Prevent parking on or adjacent to access roads or in non-designated areas. 3 02 TRAFFIC SIGNS AND SIGNAL Traffic signal installation shall meet the following requirements, and shall be applied in accordance with the Item"Traffic Signal Installation on FM 518 at Barry Rose Road/Walnut Street." 1 Contractor shall install new signs,traffic signal heads,mast arm system, signal poles, luminaries and luminaries' cable, power services, loop detectors, signal controller, and cabinet, as called out in the plans. 2. Contractor shall remove existing pavement markings as called out in plans. 3 Contractor shall install new conduit, aluminum signs, reflectorized pavement markings, traffic signal cables, and necessary pavement surface preparation, as called out in plans. 4 Contractor shall furnish signal numbers 2, 3, 5, 6, 8, 9, 11, and 12 with 12 inch lens. Furnish signal number 1 with 12 inch lens with"left turn signal"sign(48 in.x 12 in.) and fluorescent baselight. Furnish signal numbers 4 and 10 with 12 inch lens with "Left turn yield on green ball" sign (24mn. x 30 in.) vertically mounted on the pole shaft. Furnish signal number 7 with 12 inch lens with"left turn signal" sign (24 m. x 30 in.)vertically mounted on the pole shaft. 5 Contractor to furnish vehicle and pedestrian signals with light emitting diode (led) signal lamp units. 6 Contractor to furnish symbol type pedestrian signals. Furnish necessary materials to install the "push button for walk signal" signs (symbol type) and pedestrian push buttons as shown in the plans. 06/04 02890-2 CITY OF PEARLAND TRAFFIC SIGNAL INSTALLATION 7 Contractor to route cable for luminaries to the service enclosure. 8 Contractor to install walkways as per plans. 9 Contractor to furnish and install full-actuated controller with internal time base coordination unit in a base mounted cabinet. Locate.controller,VIVDS cameras and detection zones; etc., as approved. 10 Contractor to furnish and install all other items and related items as per signal plans and notes for permanent traffic signals shown in the plans. 11 All proposed signals shall be LED 12. Construction shall be in strict accordance to TxDOT specifications. Contractor shall notify OWNER and TxDOT prior to work on the signal. 13 Traffic signal shall be operated and maintained by Contractor during the duration of construction of this project and until OWNER accepts the signal mstallation. 14 Provide OWNER with all required "red marked" drawings, wiring diagrams, warrantees and guarantees,manuals, certificates, etc. END OF SECTION 06/04 02890-3 PCF 7P.ty(.3.s4; SPECIFICATION FOR INSTALLATION OF CONDUIT SYSTEM FOR THROUGHFARE STREET LIGHT AND DESIGNATED HIGH DENSITY AREAS HOUSTON LIGHTING &POWER COMPANY ENGINEERING DEPARTMENT P. 0 BOX 1700 HOUSTON, TEXAS 77251 • • REFERENCE DRAWINGS- REFERENCE SPECIFICATIONS: HOUSTON LIGHTING&POWER COMANY HOUSTON,TEXAS G— � l�7 z3-• AAddedeor.d r uic ran for high density area. /.- �(� '/ WRITTEN C-13-90 [N.T Kl.nh 3 05-25-95 Added coordjina:ion procedure. KTN R.131 LSN CHECKED 0.3.13-9J H:D/RKM 7 2 05-11-93 Added article 8. KTN :.'CM LSN APPROVED 09-14.93 Robcr. 6oucacr f 1 03-01-91 Revised pull-box. KTN RK.M REB SHEET 1 OF 16 SHEETS NO DATE ITEMS REVISED BY CH APP CO7 571 03 •16130 - 1 PCFrm7Er44+ CONTENTS ITEM NO, TITLE PAGE NO. I Scope 3 2.0 General 3 3 0 Material furnished by HI AP 4 4 0 Pull-box 5 5 0 Warning tape 5 6 0 Material furnished by the Customer 7 0 Conduits 6 S 0 Conduit install in bridge or elevated roadway 7 9.0 Conduit plugs 7 10.0 Liability g Small pull-box 9 Large pull-box 10 Typical street light conduit layout 11 Multiple conduit run street light foundation 12 • Street light conduit from manhole 13 Typical terminal pole layout 14 Conduits installed in bridge or elevation roadway 1S Block-out for street light in concrete areas 16 REVISION NO 4 SPECIFICATION NO I CO7 371 Ca" I SHEET 2 OF !6 SHEETS 16130 — 2 PCF IfiCCE(9A4) 1.0 SCOPE This Specification covers Houston Lighting &Power Company requirements concerning the installation of pull-boxes and conduits for underground electrical service to street lights. Number,size and direction of conduits to be specified on layout at IIL&P's discretion, Where there is a conflict between tins specification zuld the HL&P project drawing, the drawing will take precedence. 2.0 GENERAL The following sub-articles state the general procedures to be followed for coordination of conduit system installation. 2.1 For City Of Houston(CON)Contractor installed conduit: COH Street Light Division shall approve proposed street light locations. CON shall forward proposed locations to-HL&P HL&P shall design the conduit system and return design to COH for contracting. 2.2 For.Metro Contractor installed conduit: Metro shall forward construction drawings to COH Street Light Division for proposed street light Iocations. COH shall submit their approved locations to HL&P HL&P shall design the conduit system and return design to COH. (For conduit to be located in utility or side lot easements,kiL&P will perform the work in conjunction with street light installation,with reimbursement from Metro). 2.3 IIL&P shall require,and note on drawings,when pull-boxes are required at the beginning and ending of each continuous conduit run,in:addition to those areas where pull-boxes are currently regwred for crossings or distance. 2.4 FIL&P Street Light Engineering shall attend COH!letro utility coordinating meeting prior to the start of construction. The proposed conduit installation(as well as potential conflicts with existing.HL&P facilities)will be reviewed at that time. 2.5 In conjunction with the utility coordinating meeting,Contractor,HL&P representative, Metro (if applicable)and COH or other municipal representative shall review proposed light locations in the field. 2.6 Contractor will notify HL&P Street Light Engineering, at least 2 (two) work.niz days in advance,of Contractor's schedule for conduit installation. HL&P Street Light Engineering will perform inspections throughout Contractor's installation. REVISION NO. 4 L SPECIFICATION NO. [ CXri 371 I 03 I SHEET 3 OF 16 SHEE.TS 16130 — 3 pci t&JE i4.4141 2.7 Contractor shall attempt to determine if existing underground utilities or any other obstructions would prohibit HL&P's installation of proposed new street lights. If such obstructions exist, Contractor may revise the proposed location of the light 'up to 5 feet in any direction within street right-of-way in order to avoid obstructions. For revised street light locations greater than 5 feet in any direction, Contractor must obtain prior approval as follows For projects being performed for COH, Contractor shall notify the City Inspector, who will notify the COH's Public Works Department. Public Works will review the problem with the City's Street Light Division and HL&P for approval of any changes. (In the case of municipalities other than COH, Contractor shall notify City Inspector who shall notify appropriate Department of City City shall consult with HL&P for approval of any changes) For projects being performed for Metro, Contractor must notify the Metro Inspector,who will in turn.contact Metro's Utility Coordination Section. The Utility Coordination Section will review the problem with the COH's Street Light Division(or other municipality if applicable) and HL&P for approval of any changes. 2.8 For any contractor-proposed changes to HL&P's conduit system design, Contractor must obtain prior approval from HL&P Contractor shall first notify City or Metro Inspector of requested changes,who will in turn notify COH Public Works, other municipality or Metro's Utility Coordination Section. COH Public Works, other municipality or Metro Utility Coordination will review the requested changes with HL&P for approval. 2.9 For proposed street lights on bridges or elevated roads,Contractor shall design and install foundations that meet the loading requirements of HL&P Specification for Galvanized Street Light Standards 00.7-371-04 For information on pull-boxes and conduit,see Article 8 0 3 0 MATERI.AL FURNISHED BY fI.L&P .HL&P shall only furnish the pull-boxes (see Article 4 0)and the warning tape(see Article 5 0). Pull-boxes will not be furnished for installation on bridges or elevated roads 3 1 The Customer's Contractor shall notify I HL&P Street Light Engineering when pull-boxes and warning tape are required, three working days in advance of planned pickup Pull-boxes and tape can be obtained Tuesday through Friday, excluding holidays, from the Street Light office at Magnolia Park Service Center located at 104 North Greenwood, Houston,Texas. REVISION NO 4 SPECIFICATION NO. c07 371 03 SHEET 4 OF 16 SHEETS 16130 — 4 N 17.910 3.2 After Contractor's notification, HL&P will provide•Contractor with a work order number for reference when picking up materials at Magnolia Park Service Center 4.0 PULL-BOX The following sub-articles state the general requirements for pull-boxes: • 4 1 The pull-boxes shall be furnished by HL&P and shall be installed by the Customer's Contractor as a part of the conduit system. 4.2 Pull-boxes shall be installed in accordance with sheet 9 &t 10 of this specification. The conduit layout will specify the type of pull-box to be installed 4 3 At the point of entrance to the pull-box,the conduits shall always have a minimum ground cover as noted on pull-box drawing. Conduit shall run up a maximum of 5 inches into the pull-box The bends to be used with the pull-box shall have a minimum radius as shown on pull-box drawing. • 5.0 WARNING TAPE • 5 1 Warning tape shall be furnished by HL&P and installed by the Customer's Contractor(see sheet 11). 5.2 Warning tape shall be installed approximately .12 inches above the street light conduit. 6 0 MATERIAL FURNISHED BY THE CUSTOMER The Customer or Customer's Contractor shall furnish the conduits (see Article 7 0), the conduits and pull-boxes installed in bridges or elevated roadways (see Artical 8 0), the conduit plugs (see Article 9 0), and all other materials not furnished by FI.L&P 7.0 CONDUIT The following stab-articles state the general requirements, unless specifically stated otherwise on the layout, for the number, size and installation of the conduit system from the pull-box to the street light or terminal pole. 7 1 Conduit shall be PVC Nema Tc2 Schedule 40 or Schedule 80, U.L. label, US trade size, and meet the standards of the National Electrical Code(NEC). Size to be determined by layout. REVISION NO. 4 SPECIFICATION NO. CA7 1371 OS SHEET 5 OF 16 SHEETS 16130 — 5 P tEfJ7e _. INZ2I_1L ic.r7 7.2 A No. 14 Aluminium or Copperlwire and a fiber pull line of at least 1200 pounds breakrng strength shall be installed in the conduit. Pull line shall be installed in such a manner as to provide adequate access and be free to pull without hindrance. Pull line shall not be glued or permanently attached to conduit in any'manner • 7.3 The conduit runs shall be made "continuous" with all sections connected from beginning to end, including the conduit crossing the street. 7 4 The conduit shall be placed 3 feet behind curb unless sidewalk is to be installed. Where sidewalks exist,conduit shall be placed up to 6 inches behind the sidewalk (or in grassy area between the curb and the start of sidewalk, where 12 inches or more of grassy area exists). Even though sidewalks exist,HL&P will install street light approximately 3 feet back of curb Contractor shall therefore provide a block-cut area for the street light installation in sidewalk or other concrete area • (see sheet 16). • 7.5 The conduit shall have a minimum cover of 36 inches from final erade except as noted on pull-box and manhole drawing, or where city,county or state regulators require a greater depth, and shall consist of PVC conduit. 7 6 For the burial of street Iight conduits crossing under driveways or sidewalks, schedule 40 PVC or better is required. When crossing under streets, the • conduit shall be PVC conduit schedule 80 7 7 For terminal pole source locations specified on the layout,the bend of the conduits at'the terminal pole shall be 90 degrees,24 inch radius bend,schedule 40 PVC conduit. This bend shall'be brought to the face of the pole and stubbed out approximately 12 inches above the final grade(see sheet 14). 7 3 For pad mounted transformer source locations specified on the layout,conduit shall be brought to within 1 foot of transformer pad,opposite the small notch "V" on the pad, stubbed out approximately 12 inches above the final grade. 7 9 For secondary pedestal source locations specified on the layout, conduit shall be brought to within 1 foot of pedestal and stubbed out approximately 12 inches above the final grade. 7 10 For manhole source location, the conduit shall enter the manhole a minimum of 12 inches from the inside ceiling or as specified on the layout. A ductbell terminator will be installed in the manhole wall for conduit termination HL&P shall be notified 48 hours prior to the actual coring of the manhole wall so that HL&P can verify the location in each manhole to be penetrated. l-IL&P will stand-by only during the actual coring. The contractor shall do the coring and 'leV1S10N NO. 4 SPECIFICATION NO. 007 371 0.3 SHEET 6 OF 16 SHEETS 16130 — 6 Per feve t9-N1 installation of the ductbell terminator The contractor shall seal around the ductbell terminator with packaged, dry,rapid hardening cernentitious material conforming to ASTM C928-80 specifications, to ensure a water tight seal. 8.0 CONDUIT INSTALLED IN BRIDGE OR ELEVATED ROADWA1 Customer or Customer's Contractor shall be responsible for designing, furnishing and installing the conduits and pull-boxes. The pull-boxes should be located to provide HL&P personnel safe and reasonable access,without using Iadders or other special equipment, for cable installation, inspection and maintenance. Where there are junction- boxes in addition to the pull-boxes, reasonable access shall also be provided. 8.1 The conduit shall be at least 2 inches, in diameter and meet all requirements of the latest National Electrical Code(NEC) and National Electrical Safety Code (NES C). 8.2 The conduits shall run to each street light location. The conduits shall be arranged to allow the source conductor to be pulled in and out of each street light location or Contractor shall provide junction-boxes on main conduit run at each street light location and run tap conduit to the street light location (see sheet 15 for examples of conduit runs) 8 3 A-414 AIuminium or Copper wire and a fiber pull line of at least 1200 pound breaking strength shall be installed in the conduit. Pull line shall be installed in such a manner as to provide adequate access and be free to pull without hindrance. Pull line shall not be glued or permanently attached to conduit in any manner • 8 4 The pull boxes used to pull the main circuit cable through the conduit system shall have a minimum opening of 15" \ 15" :. 12" 8.5 Junction boxes used as tap location shall meet all requirements of the latest NEC. 9.0 CONDUIT PLUGS Plugs shall be installed on the conduit terminator points at the time the conduits are installed. REVISION NO. 4 I SPECIFICATION HO. - 037 f 371 C3 SHEET 7 OF 16 SHEETS 16130 — 7 PCF 1'3T3C FJ-541 10 0 LIABILITY 10 I Upon completion of the conduit installation, the Customer(or Customer's Contractor) shall forward to HL&P Street Light Engineering notification in writing from a City or County inspector that the installation meets HL&P Specifications. In addition, Customer shall provide HL&P with as-built drawings (showing conduits,pull-boxes, blockout, etc.) 10.2 The Customer shall be responsible for either (1) correcting any violations of said Specifications and clearing any blockage or repairing any breaks within the street light conduits prior to street lights and circuit installation by FIL&.P, or(2) reimbursing HL&P for correcting violation. • 10.3 Upon installation of street lights, with the exception of street lights on bridges or elevated roadways, HL&P shall furnish, install,own,and at all times have complete control over said street light service conduit system and shall be responsible for the location and maintenance thereof. Maintenance of conduit systems on bridges or elevated roadways will be the Customer's responsibility • REVISION NO. 4 SPECIFICATION NO. I G77 371 03 SHEET 8 OF 16 SHEETS 16130 — 8 STREET LIGHT CONDUIT STREET LIGHT (SEE NOTE 3 ) CONDUIT , 4 ./- _ , ___ x __.„ i . il,„---------,,„_.__.____„,, ___,_ ...z.,. ___.6 t i it, I t 1 I I 1 '-2" MAX. i PULL80X A COVER (BY HLBP CO. ) FINAL GRADE ( (SEE NOTE 1 ) t A. _\ v�i�/ �I{C l': Ir CC v.....1----- \ l;_ . ' 0Zrtit /> • 7 ' 2 III roT 9 1/2" RADIUS/ 9O' BEND SMALL PULL BOX 0 GRADE AT TIME OF INSTALLATION SHALL BE CONSIDERED DEVELOPER 'S FINAL GRADE 02 THIS PULL-BOX CAN BE INSTALLED IN DRIVEWAYS AND PARKING LOTS BUT NOT IN STREET g THE NUMBER, SIZE AND DIRECTION OF CONDUITS TO BE SPECIFIED ON HLAP CONDUIT LAYOUT. RCYISIQN t-U. 4 SPEC IF TUX ION NO. s 007 1 371 1 08 JSf€LT 9 Gf 16 5 ^TS _ 16130 - 9 0 VI w+ 0 La Cr) u t IA C) 0 us ----------'" ; v til "$� r C vaV r :II c tp C" 0 lti\ Atli �'� ry' 7 , cG ti. Q. 11 Q't� a u� �Y`� �) �l� �0 . -AI 1c3 013) ea ex.;0' •.- 7//f.- •.. \// irs •,. ,,, ` o cr.'} N Vi' U3 t5 ce. N \'‘\1?‘3 4 ,--,0- 0, -. r4o tx. t3. �� 0 ( 'V)al ,.}sky 0 2,4"P f�W u1 o '%\-...1 �cn� 1/ 1010 \1.'"•.h.-. :11W-) \__— \r„..------- -P\ 00'Yo Y, N0. YC:la 1,v Zv 1L___--- ,...--„;--/7- 4fr ..0 iv t + C3 ,1;""•‘., 8 It). t ( 11181X e e t . s ...._ ....,.....4,, 0 .:*: ..t... 7*/.` t-4 to v�U ___------------- , 7'.(IZ. 0 p‘.s- < \ // • / ,r/ / . \\ WRRNING TRP` w c*� A ?Th r 1 TYPICAL STREET LIGHT CONDUIT LAYOUT get ISION NO. 4 JSPCFrcAT1e4 NO. 1007 371 . 08 v- Er 11 OF1S S}EETS don 16130 — 11 1 1 '-6" TO 2 '-O" r-f 4 1/4" TO 6 1/2" "iii I ^I I ' _t..1:03DCE1.7:6,4— }:-.=3 7 -07-1-0 0 GRADE LINE co' ri i 1 i" 'Y• H I I , of I I 1• I i CONDUITS 9, / \ H !! �s's MULTIPLE CONDUIT RUN IN STREET LIGHT FOUNDATION Ul GRADE AT TIME OF INSTALLATION SHALL BE CONSIDERED DEVELOPER'S FINAL GRADE. O THE QUANTITY, SIZE AND DIRECTION OF CONDUITS TO BE SPECIFIED BY ENGINEERING DEPARTMENT 0 SEE ACCOMPA►NING HL$P STANDARDS FOUNDATION FOR ACTUAL SIZE AND ANCHOR BOLT POSITION. REVISIOt! 90. 4 SPECIFIC:AT ICN tIO. 007 371 08 IsIEET 12 OF 16 sv=rS 16130 - 12 PAVEMENT a,•` L'Il ,,,. 0. i > i • `— 4" OIJCTBELL TERMINATOR a �, `r I r STREET LIGHTS ,� r , . .. . / 4" PVC CONDUIT Y : 12" MIN. V .r 4_-0_ !- . .. .: :; r HLBP HLEP DUCT DUCT • r r r I. o (so ) /s-o\) 1 TYPICRL TYPICAL 2-NAY3-WRY TYPICAL 4-WAY INTERSECTION MANHOLE STREET LIGHT CONDUIT RUN FROM MANHOLE Q CONDUITS SHALL TYPICALLY ENTER THE MANHOLE THROUGH THE SHORT HALLS HLEP MUST APPROVE ENTRY THROUGH OTHER HALLS. 0 THE NUMBER, SIZE AND DIRECTION OF CONDUITS TO BE SPECIFIED BY ENGINEERING DEPARTMENT. g3 HLEP TO BE NOTIFIED 48 HOURS PRIOR TO THE ACTUAL CORING TO THE MANHOLE HALL REVISION t,D. sFECIfICATIgFt NO. 007 371 08 st-EET 13 cF 16 SPE.Ers 16130 - 13 I , 1 1 1 I III 11 .4 TERMINAL POLE RISER TO BE INSTALLED BY HLSP CO �t 1 TERMINAL POLE --- li ' it 'I ii I1 APPROX. 12" STUB—OUT i OF CUSTOMER 'S S CONDUIT 3" SCHED 80 CONDUIT II OR BETTER I1 I co GROUND ROD PVC, SCHED 40 CONDUIT INSTALLED BY HL1P ' ; 's OR BETTER, SIZE TO BE SPECIFIED BY HLttP CO. v DEVELOPER INSTALLED PVC, SCHED 40 OR BETTER, BEND WITH PULL HIRE OR CORD INSTALLED BEND SIZE AND RADIUS RS SPECIFIED BY THIS SPECIFICATION! TYPICAL TERMINAL POLE LAYOUT 1 i i , REVISIO'I NO. 4 SPECIFICATION NO. 007 ' 371 00 5rEE7 14 c tS Sr€ETS 1 16130 — 14 ISTREET LIGHT IB///FouNORTroN 1 jl 1 ':. ' y .r am. ( b I t'"' \STREET LIGHT MAIN CONDUIT i' J if FOUNDATION / M,4 I N CONOU I T /\-- MAIN CONDUIT INSTALLED TO EACH STREET LIGHT (SOURCE WIRE PULLED TO EACH LOCATION ) r�, nil j I I { '' 4�.� JUNCTION BOX STREET LIGHT I FOUNDATION I 'rl [ l STREET LIGHT JUNCTION BOX FOUNDATION MAIN CONDUIT \ f MAIN CONDUIT / t MAIN CONDUIT WITH TAPS FEEDING EACH LOCATION NOTE- AL_L MATERIAL INSTALLED IN BRIDGE OR ELEVATED ROAOHAY CONSTRUCTION SHALL BE FURNISHED BY CUSTOMER. CONDUIT INSTALLED IN BRIDGE OR ELEVATED ROADWAY 1;--t1SION 110. 4 SF'ECTFICATICtt NO. 1007 371 08 S:f"Er IS to srEETs 16130 — 15 6 '-6" X 6'-6" CONCRETE BLOCK—OUT REQUIRED FOR STREET LIGHT INSTALLATION (BLOCK-)UT TO BE CENTERED ON PROPOSED STREET LIGHT LOCATION (BY CUSTOMER ). 2 '-6" DIR. HOLE / ,'----� 2" SCH. 90 OR 80 FOR STEEL STREET PVC CONDUIT LIGHT STANDARD (BY CUSTOMER ) (BY HLF.P CO ) STREET LIGHT @ END OF CIRCUIT E '-6" X 6 '-6" CONCRETE BLOCK—OUT REQUIRED FOR STREET LIGHT INSTALLATION (BLOCK—OUT TO SE CENTERED ON PROPOSED STREET LIGHT LOCATION (BY CUSTOMER ). 2 '—P" 2 '_O,, 2" SCH. 40 OR 30 PVC CONDU I T —�� (8Y CUSTOMER ) \ / 2 '-6" DIR HOLE FOR STEEL STREET LIGHT STANDARD (BY HLEP CO. STREET LIGHT @ CONTINUOUS CIRCUIT BLOCK—OUT DETAIL FOR STREET LIGHTS LOCATED IN CONCRETE AREAS sLvtslotr 10. 4 SPECIFICATION No. 007 371 08 ET 16 of 16 SEETS ,Jcgnt7slblk2—ic gn 16130 — 16 y e'_ .�. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT; YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. 1.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego,CA 92130-2045 P.O.BOX 85563,San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com Bond Number: 212 73 96 Hassell Construction Company, Inc. October 25, 2004 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar($1.00). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. j - 1 CITY OF PEARLAND Barry Rose Road BOND NO. 212 73 96 CONSTRUCTION PERFORMANCE BOND Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY (Name and Principal Place of Business): HASSELL CONSTRUCTION COMPANY, INC. INDEPENDENCE CASUALTY AND SURETY COMPANY AND 12211 DUNCAN ROAD INSURANCE COMPANY OF THE WEST HOUSTON, TEXAS -77066 P.O. BOX 85563 SAN DIEGO, CA 92186-5563 • OWNER(Name and Address): City of Pearland 3519 Liberty Drive Pearland,Texas 77581 CONSTRUCTION CONTRACT Date: Amount(In Numbers and Words): six MILLION six HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Description (Name and Location): ROADWAY WIDENING AND DRAINAGE IMPROVEMENTS INCLUDING CONCRETE PAVEMENT, WATER LINES, STREET LIGHTING CONDUITS AND RELATED WORKS ON BARRY ROSE ROAD FROM FM 518 TO PEARLAND PARKWAY BOND Date(Not earlier than Contract Date): Amount(In Numbers and Words): SIX MTTT.TON SIX HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Modifications to this Bond Form: NONE \• 1�, CONTRACTOR AS PRINCIPAL SURETY = _ Company: (Corp. Seal) Corn an ( 3' ANY j FASSRIT CONSTRUCTION OMP , IND AND OF THE: WE Signature: Signature. Name and Titl Name and Title: ROSALYN - HASSELL _ E.J._Rebe,cek ..: ATTORNEY-IN-FACT xecutive-Vide President _ �`�- Project No.052511256.0009 00610—Page 1 of 4 CONSTRUCTION PERFORMANCE BOIL - c CITY OF PEARLAND Barry Rose Road 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.052511256.0009 00610—Page 2 of 4 CONSTRUCTION PERFORMANCE BOND r [. CITY OF PEARLAND Barry Rose Road 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 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. Project No.052511256.0009 00610—Page 3 of 4 CONSTRUCTION PERFORMANCE BOND CITY OF PEARLAND Barry Rose Road 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.052511256.0009 00610—Page 4 of 4 CONSTRUCTION PERFORMANCE BOND I s. CITY OF PEARLAND Barry Rose Road CONSTRUCTION PAYMENT BOND BOND NO. 212 73 96 Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): HASSELL CONSTRUCTION COMPANY, INC. INDEPENDENCE CASUALTY AND SURETY COMPANY AND 12211 DUNCAN ROAD INSURANCE COMPANY OF THE WEST HOUSTON, TEXAS 77066 P.O. BOX 85563 SAN DIEGO, CA 92186-5563 OWNER(Name and Address): City of Pearland 3519 Liberty Drive Pearland,Texas 77581 CONSTRUCTION CONTRACT Date: Amount(In Numbers and Words): six AUZLION six HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Description(Name and Location): ROADWAY WIDENING AND DRAINAGE IMPROVEMENTS INCLUDING CONCRETE PAVEMENT, WATER LINES, STREET LIGHTING CONDUITS AND RELATED WORKS ON BARRY ROSE ROAD FROM FM 518 TO PEARLAND PARKWAY BOND Date(Not earlier than Contract Date): Amount(In Numbers and Words): SIX MILLION SIX HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Modifications to this Bond Form: NONE CONTRACTOR AS PRINCIPAL SURETY • - Company: (Corp. Seal) Compan : o - HASSELL CONSTRUCTION MP , C. IND AND r,4• IN i' S«al,,,�ipANY Signature: of THE ST �'it /... gn Signatur • GY/ Name and Title. . E•J.--RebeG6t{ Name and Title: ROSALYN . HASSELL ,` ecetive,Vice, President ATTORNEY-IN-FACT _ l _ --- - Project No.052511256.0009 ; —w 00620—Page 1 of 4 CONSTRUCTION PAYMENT BOND a t. • CITY OF PEARLAND Barry Rose Road 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 described in Paragraph 12) of any claims, demands, liens 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. 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. Project No.052511256.0009 00620—Page 2 of 4 CONSTRUCTION PAYMENT BOND t �6 CITY OF PEARLAND Barry Rose Road 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. 9. 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 incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. Project No.052511256.0009 00620—Page 3 of 4 CONSTRUCTION PAYMENT BOND y r j fi CITY OF PEARLAND Barry Rose Road 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,materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include, without limitation in the terms, "labor, materials, or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the 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.052511256.0009 00620—Page 4 of 4 CONSTRUCTION PAYMENT BOND y , . • CITY OF PEARLAND Barry Rose Road CONSTRUCTION MAINTENANCE BOND BOND NO. 212 73 96 Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY (Name and Principal Place of Business): HASSELL CONSTRUCTION COMPANY, INC. INDEPENDENCE CASUALTY AND SURETY COMPANY AND 12211 DUNCAN ROAD INSURANCE COMPANY OF THE WEST HOUSTON, TEXAS 77066 P.O. BOX 85563 SAN DIEGO, CA 92186-5563 OWNER(Name and Address): CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TEXAS 77581 CONSTRUCTION CONTRACT Date: Amount (In Numbers and Words): SIX MILLION sIx HUNDRED TWENTY NINE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Description (Name and Location): ROADWAY WIDENING AND DRAINAGE IMPROVEMENTS INCLUDING CONCRETE • PAVEMENT, WATER LINES, STREET LIGHTING CONDUITS AND RELATED WORKS ON BARRY ROSE ROAD FROM FM 518 TO PEARLAND PARKWAY BOND Date (Not earlier than Contract Date): Amount(In Numbers and Words): SIX MILLION SIX HUNDRED TWENTY NINE THOUSAND TWo HUNDRED FIFTY TWO DOLLARS AND 55/100 - - ($6,629,252.55) - - - Modifications to this Bond Form: NONE CONTRACTOR AS PRINCIPAL SURETY - Company: (Corp. Seal) Company: _ .Corp. Sealy HASSELL CONSTRUCTION COMPANY, INC. IAIDEPENDEN ..AND CO IAiSUxAno `AY OF THE T • - Signature: Signature: Name and Title. _ E.J. Rebecek Name and Title: ROSALYN D. HASSELL cll-tfve-Vice President ATTORNEY-IN-FACT = - - ` `L - Doc Rev.02/17/00 _ _ - Job No.052511256.0009 - 00630- 1 of 4 CONSTRUCTION MAINTENANCE BOND • •r r Y "� CITY OF PEARLAND Barry Rose Road 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 perform 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 maybe 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.052511256.0009 00630 -2 of 4 CONSTRUCTION MAINTENANCE BOND • ., r } ' }, CITY OF PEARLAND Barry Rose Road 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.052511256.0009 00630-3 of 4 CONSTRUCTION MAINTENANCE BOND T. t CITY OF PEARLAND Barry Rose Road 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 perform 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.052511256.0009 00630 -4 of 4 CONSTRUCTION MAINTENANCE BOND • r ` No. 0004645 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint ROXANNE G.HEBERT,BRUCE C.DEHART, DAVID R.GROPPELL, ROSALYN D.HASSELL,EDWARD L.MOORE, LORI ELLIS their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. 4�sobenxr0 r\IASilio 4 (;-:).5 o� INSURANCE COMPANY OF THE WEST a4 ,„,,apoN F-,-. ".-"4rFyR stt G- , THE EXPLORER INSURANCE COMPANY a SEAL , m , ''I INDEPENDENCE CASUALTY AND SURETY \`a 4"cin.1j V';a y9.'ona$1 a' 't /a� ti°n COMPANY ten//s �yl 1,*,aa va% 4 1.�y ,, itV,64frAid,.. " John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California J ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared Jolm L.Hannum and Jolm H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. J, 1i. -.. MARY COBB 1 ��+-/ �,-• COMM:#1321341 •.g� h ):..4_,, . NOTARY PUBLIC-CALIFORNIA: sr► " ii ra SAN DIEGO.COUNTY . V �,, " MyConissrop Expires , 1 -rs -SEPtEMBER2D:.2005 - Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and;t1,.e., __ seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have 0e'san:e ; -. force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing`-typing`Ot.. photocopying." s�.e._ 4 -_ CERTIFICATE = `= -, \ — `="' I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casuals d:State'v?,rnpan-y,:dd: hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutionre duly_adop'tcd by tht respective Boards of Directors of the Companies,and are now in full force. - - IN WITNESS WHEREOF,I have set my hand this day of , J _ /1; / `C:-6' i John H.Craig,Assistant Secretary = z`r. - To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power PowerttnieyNun '' F:%'- the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Sumt3-Claiing,ICW Group ` -' 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. _ _1.-- r Y r ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID JS DATE(MM/DD/YYYY) HASSE21 10/22/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Elsey & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Surety/Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 21755 IH-45 North Bldg #8 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spring TX 77388 Phone: 281-651-0002 Fax:281-350-0281 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins. Co. INSURER B: American Home Assurance Co. Hassell Construction Co. , Inc. INSURER C: Underwriters at Lloyd's London Hassell Contractors Co. , Inc. s 12211 Duncan Road INSURER D: Houston TX 77066 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INbR AUU'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,0 0 0,000 A X COMMERCIAL GENERAL LIABILITY CP03994263-01 07/01/04 07/01/05 PREMISES(Ea occuence) $300,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10,000 X Contractual Liab 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 X PRO LOC JECT AUTOMOBILE LIABILITY COMBIA X ANY AUTO TAP3994263-01 07/01/04 07/01/05 (aaccident)INGLELIMIT $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 B X OCCUR CLAIMS MADE BE5684303 07/01/04 07/01/05 AGGREGATE $10,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ C S - WORKERS COMPENSATION AND X TORY L LIMITS ER O ER EMPLOYERS'LIABILITY A WC3994265-01 07/01/04 07/01/05 E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER C Contractors' CEIS033102 12/11/03 12/11/04 Owned/ Leased and Equipment Floater Rented Equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Mobility and Drainage Bond Program Barry Rose Road Improvements Additional Insured (except Workers' Comp/Equipment) & Waiver of Subrogation in favor of City of Pearland, Texas and Turner Collie & Braden, Inc. as required by written contract. CERTIFICATE HOLDER CANCELLATION CITYOFP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Pearland, Texas NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL c/o Turner Collie Braden Inc IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P.O. Box 130089 Houston TX 77219 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ' James LyirefireYcutile ACORD 25(2001/08) 0ACORD CORPORATION 1988