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R2004-202 12-12-04 RESOLUTION NO. R2004-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CORRIGAN DRAINAGE DITCH FENCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction of the Corrigan Drainage Ditch Fence, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Four Season Development Company, in the amount of $47,804.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Corrigan Drainage Ditch Fence. PASSED, APPROVED and ADOPTED this the 13~Ch day of December , A.D., 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR CITY OF PEARLAND Mobility and Drainage Bond Program Corrigan Ditch By -Pass Channel - Fence Contract BID TABUALTION BID NUMBER 2005-003 BID DATE 11/17/04 Contractor Item Description Unit Quantity Bid Unit Price Total Bid Four Seasons Development Co, Inc. 1 4' Chain Link Fence LF 7,600 $ 6.29 $ 47,804.00 C & C Fence Corp. 1 4' Chain Link Fence LF 7,600 $ 7.00 $ 53,200.00 Houston Fence Company, Inc. 1 4' Chain Link Fence LF 7,600 $ 7.56. $ 57,448.40 Advantage Fence, Inc. 1 4' Chain Link Fence LF 7,600 $ 7.79 $ 59,204.00 Viking Fence 1 4' Chain Link Fence LF 7,600 $ 9.47 $ 71,972.00 Commercial Fence, Inc. 1 4' Chain Link Fence LF 7,600 $ 10.08 $ 76,608.00 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 November 23, 2004 TC&B Project No. 052.511256.0004 Mr. Joe Wertz Projects Director City of Pearland 3519 Liberty Pearland, TX 77581 Re: Mobility and Drainage Bond Program Corrigan Area Drainage-Ditch Fence Contract Dear Mr. Wertz: The City of Pearland Purchasing Office received sealed bids on November 17, 2004 on the above referent project. Bids were received from six contractors and a non responsive quote from a seventh contractor. The bids received are shown on the attached Bid Tabulation. The low bidder was Four Seasons Development Co. Inc., with a bid of $47,804.00. The bid were tabulated and reviewed. It is our recommendation the project be awarded to the low bidder Four Seasons Development Co. Inc., in the amount of $47,804.00. incerely, x,,_~mes W. Keller, P.E. Senior Project Manager Enc: Bid Tabulation cc: Craig Hester Rod McCrary Engineering Established in 1946 Excellence for Over AN A E C O M COMPANY One-Half Century Corrigan Subdivision Drainage Improvements CITY OF PEARLAND ,� 4 Corrigan Ditch By-Pass Channel-• Fence Bond No. TX600778 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): • Four Seasons Development Company, Inc. Merchants Bonding Company (Mutual 5825 W. Sam Houston Pkwy. N 2100 Fleur Drive Houston, Texas 77041 Des Moines, IA 50321-1158 • OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland,Texas 77581 CONSTRUCTION CONTRACT Date: , 2004 • Amount(In Numbers and Words): Forty-Seven Thousand Eight Hundred Four and no/100-- ($47,804.00-) Description (Name and Location): Corrigan Subdivision Drainage Improvements The Corrigan Ditch By-Pass Channel Fence BOND Date(Not earlier than Contract Date): , 2004 Amount(In Numbers and Words): Forty-Seven Thousand Eight Hundred Four and no/100-- ($47,804.00--) Modifications to..this.Bond Form: n/a - _ CONTRACTOR AS PRINCIPAL, SURETY Com an pour ySeas ns Development (Corp. Seal) Company: (F'n ):tiea1)_- Company Merchants Bonding qm y (Tutua - Signature: ` Signature: - Name and_rS7i-trmOrp - Name and Title: imberly J. S i. , Attorney-In-Fact DILOPLEICATE ©[2D©OVAL Project No,052511256.0x04 00610—Page 1 of 4 CONSTRUCTTON PF.'RtzORMANCE BOND Corrigan Subdivision Drainage Improvements CITY OF PFARLAND Corrigan Ditch By-Pass Channel—Fence WHEREAS: I. 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 Surely 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 thrmally terminated the CONT.RACTOR'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 CONTRAC'l'OR's default; or OUPLQ© TE 0 2ll©0N °AL, • PeojecL No,052511256.0004 00610—Page 2 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements CITY OF P'EARL.AND Corrigan Ditch By-Pass Channel—Fence 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, tendei: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 Surely shall be deemed to be in &leatilt 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 Surely 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 Surely to the OWNER shall not he greater than those of the CONTRACTOR wider 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 CONI'RAC'I'OR's Default, and resulting from the actions or failure to act of the Surety wider 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. DV pLOCQTE 0l ll©ll AL Project No.U525]1256.0004 00610—Page 3 of 4 CONFRUCTION PERPORMANcE BOND • • Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence • 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 riot 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 alter all contractual adjustments, have been made,including allowance to the CONTRACTOR of any ainounts 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 Constriction 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 • • • • UUPLO©A Qn11 OH L Project No.052511256 6004 00610—Page 4 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements CITY OF PEA,RLANI) • Corrigan Ditch By-Pass Channel -..Fence Bond No. TX600778 CONSTRUCTION PAYMENT 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): Four Seasons Development Company, Inc. Merchants Bonding Canpany (Mutual) 5825 W. Sam Houston Parkway N. 2100 Fleur Drive Houston, Texas 77041 Des Moines, IA 50321-1158 • OWNER(Name and Address): City of Pearland 3519 liberty Drive Pearland, Texas 77581 CONSTRUCTION CONTRACT Date: , 2004 Amount (In Numbers and Words): Forty-Seven Thousand Eight Hundred Four and No/100-- (S47,804.00) Description (Name and Location): Corrigan Subdivision Drainage Improvements The Corrigan Ditch By-Pass Channel Fence BOND Date (Not earlier than Contract Date): , 2004 • Amount(In Numbers and Words): Forty-seven Thousand Eight.:Hundred Four and No/100--- (547;804.00) • Modifications to this Bond Form: n / a CONTRACTOR AS-PRINCIPAL SURETY Company: (Corp. Seal) Company: --(( orp. Seal) Four Seasons D nt Company, Inc P�erchants Bo -Mg a .(Mu ..1 Signature: y'� O Signature: �I Name and Ti � �S;,w �Jv� Name and Title: Kimberly J Smi ,IAttorney-In-Fact OUPLOCATE ®L fl©IMLa° L, Project No.02511256.00N 00620—Page 1 of 4 r: NS rut lc I.oN PAYMENT BOND Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan By-Pass Ditch Channel—Fence 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 tier 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 arc 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. C o IDUPLII ATH nommAL Projcel No.052511256.0004 00620—Page 2 of 4 CONSTRUCTION PAYMENT r3Oz u Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan By-Pass Ditch Channel—Fence 5. If a notice required by Paragraph 4 above is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4 above, the Surety shall • promptly, and at the Surety's expense, take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within forty-live(45) days after receipt of the claim, stating the amounts that arc undisputed and that basis for challenging any amounts that arc 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 pertonnance of the Construction Contract arid 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 I3ond, 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 CONI'RAC:TOR that are unrelated to the Construction Contract. '1'he OWNER shall not be liable thr 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 rifler the expiration of one(1)year from the dale(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 Constriction Contract,whichever of(I) 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. I2. 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 hcrefrom and provisions conforming to such statutory or other legal requirement shall he deemed Projca L No.OS2511256.O0W 00620n ^n n —Page3 of4 EDUKs �iLrr igerg r uai'iel}R Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan By-Pass Ditch Channel ••Fence • incorporated herein_ The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions. 15.1. Claimant: An individual or entity having a direct contract with the CON—TRACTOR, 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, beat,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 C'ONTRACTOR'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.0525 r 1256.000N 00620—Page 4 of 4 O U NSTRUa,P1rc„i'i�Pn>t u:rr�r�soj a Ii[Ma L POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company Bond No. KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Kimberly J. Smith,Steve Berry,Nancy T.Berry,Morris D. Plagens,Jr. and/or Richard D.Bright of Houston and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION($2,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19,2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of May,2003. �••0 N.D.I/vQ... •••*O.:,•• CO•MA• MERCHANTS BONDING COMPANY(MUTUAL) v0 q�_C1 ,. 4 •0.4 y< NATIONS BONDING COMPANY :Z:= -o- 0•:0• .z:- -o- o: •. --. 2003 :b. :yJ. 1933 • 1r. Di /4`f,P7 7:7,i,,____ ..., .. .•• ,�/ may,••• •.�v �▪ • \�•• STATE OF IOWA • •'"•• • President COUNTY OF POLK ss. On this 1st day of May,2003,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. L.. MARILYN BOYD • `• Commission Number 10012 .../My Commission Expires November 4,2004 4/11) / Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify • that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which--is _ still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of 2004` .•o NN.•• .•,Nt% oM.•• • _ DI GC �Z • ••• o- C=0• :�:= m• •C'• 2003 •'a •6• 1933 C•• Secretary , •.�, .-u • •yJ. .• • ,. NBC 0103 (4/03) •• LDt!PLll©A� E tJfillEif�Ol iL r �o s•y • C• Merchants Bonding Company Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) P. O. Box 26720 Austin,TX 78755-0720 (512) 343-9033 • vJEt' LML—tau E © AL 3- _3 3 U:,8zi ICOi`_i,,.,T ELI_iSOP ii • -•-`- i.s ^-+:f. a-a�„=w.ti-.:y�>..�.�. '.�.:'__r _ yea. —.....-._... • • `r S L art. �'�-!`TL-T -,.!N l CF..a�.C•• • i i-s L .I ppn�,,• L pyyp G Ia6,F.a' Y [rc i Y p-v - -_ - ` �-. L!A B��a.6 Y IV\.:•o� .--P iE i ..nl�(1�iAA:O^'rYY) •i . ,rtI of::,:..-i----------, _____ - -i":i:5 r� ,jC�-i59!5c C `►� _� A'7��1 T�Q1 �. _ I THIS CERTIFICATE ISTISSUED AS A MATTER OF IN R MAT,C—1 Fi •••-c ..+�,. I e:NLY AND CONFERS r� �FOTIFIC E I • AL • I„S ,P. ,NC_OC;M ,:;, I Q RIGHTS UPON T''= CERTIFICATE i "I^`I vv,r.i�nlvY HOLDER, THIS CERTIFICATE-DOES NOT AMEND, EXTEND OR r ;,$t::i i'.i f c�iv T't 1(7$ ALTER THE C.:C�' AGE AFFORDED B THE t� OLLIICIES DELOW.}IO,.PSION,TX 77084-1849 i INSURERS AFFORDING COVERAGE I NAfC 0 FOUR SEASONS DEVELOPMENT CO INC gvcv„LT A; TEl4AS PAUTUAL iNSUhcANCE COMPANY i —— .,.- 5825 Vti SAM HOUSTON PKWY N INSURER B; I HOUSTON, TX 77041 IkUAERC: —_w' �-- INSURER D: COVERAGES INSURER E. THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY RII QUIP.EMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT!VITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUITD OR NAY PR.AIN.THE INSURANCE SHOWN oEO 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH ®®POLICIES.AGGREGATE LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS. "0 Yr""u POLICY NUmDER !P061CY EFFECTIVE POLICY EXPIRAT1oN OFNERAL6IAEILI4Y•��•• •.��`(MH�n�.��� ni7t•/E1..,•��i��ll UNITS COMMERCIAL GENERAL,LIABILITY EACH OCCURRENCE j$ ....� 'DAMAGE TO11ENTEO- __� CLAIMS MADE a OCCUR ,PREMISES(Eo Oewronta) S ti � MED EXP(My one pawn) $ PERSONAL&AOV INJURY $ GE AGGREGATE LIMIT APPLIES PER; GEMERAL AGGREGATE $ T_. �M1 A POLICY 1 P,J LOC PRODUCTS-COMPAPAGO $ AUTOMOBILE LIABILITY I 1 ANY AUTO I Ee ecd�COMBINEO SINGLE UMI7 S ( 0ett� ALL OvvNED AUTOS SCHEDULED AUTOS �' (POerGLINJURY i HIRED AUTOS person) NON-OWNED AUTOS BODILY INJURY S (Por ac Idonl) GARAGE uABILITy (Per(P DAMAGE $ EANY AUTO AUTO ONLY•EA ACGDEHT $ �� I i OTHER THAN ACC S � .�� AUTO ONLY; AGO S EXCESSnrMBREU LIABILITY • OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE y DEDUCTIBLE S RETENTION • i I WORVERS COMPENSATION AND $ A EMPLOYERS'LIABILITY TSF 128727 01V STATU. 0TH- ANY PROPRI'LLADI ARTNERJEXECUTIvE 07/18/04 07/18/05 TORY LIMITS R _`- OFFICECPRIETER EXCLUDEp7 El.EACH ACCIDENT ; ,000,000 II ell.ER, M under E.L.DISEASE•EA EMPLOYEES ,000,000 S�ECwL PROVISIONS oebw_ OTHER El,DISEASE.-POLICY LIMIT f 1,000,000 DESCRIPTION OF OPERATIONS:LOCATIONS/VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS PROJECT TITLE:Corrigan Subdivision Drainage Improvements-Corrigan Ditch By-Pass Channel Chain Link Fence. RFB No.2005-003. CERTIFICATE HOLDER CANCELLATION CITY OF PEARLAND SHOULD ANY OF E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY HAIL DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 GAYS WRITTEN TIFlTF 3519 LIBERTY DRIVE NOTICE TO THE cERCA HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL (iiii., PEARLAND, TX 77581 IMPOSE NO OBLIGATION OR UABIUTY OF ANY MIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVEL n 1C�7(/��,�fn� �ACORD 28(2001/08) 0 ACORD CORPORATION 1988 R2853-1 1... jam!'! m •N;'^_ :_'`` .s•,^1'^r_ a E . E:9E `w.�.4.Cu _ ° ,:, ` 1 4N e O la J i cam �4=1arrt�rr; I' _ __ 11 t24.12C0 4. f F:•co iz -INS --- ----- I�`r'.d:CAGENCY - - -. ` TH.I8 QERFIFI -A fe r x ISSUED A�+_A.MATTER Ei 'OFINr-OMIA'IoN 5 • p� ONLY AND CONFERS NO RI®HTS UPON THE CERTIFICATE 5 7225 N.LOwi-vvucii w'bv:W - I CERTIFICATE ilC1, ii =P' THIS C F !GATE DOES. NOT ,APdEN;1 EXTEND OR 6 HOUSTON '!X 7700�yALTER THE COVERAGE AFFORDED BY THE FOL.ICIES BELOW. (713)864-1615 INSURERS AFFORDING COVERAGE NAIC# INSURED • INSURER A;REP'JBLICLLOYDS FOUR SEASONS DEVELOPMENT 5 W.SAfui HOUSTON INSURER a:SOU_THERN VANGUARD I PARKWAY NORTH ____ REPUBLIC UNDERWRITERS HOUSTON TX 77041.w O I,INBVRBI o; I INSURER L': COVERAGES . THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHBR DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTNN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOAII-THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE UNITE SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS, 'IHL� POLICC EYPIRATION L TYPr�A761MRLt11rrG>r POLICY NUMBER ' ry►tt rICIAPAN UNITS -..r A A OIDIERAL uA9iuTY TXP5641703 OW2512CO4 08/ J?A05 EACH OCCURRENCE s 1.000,000 X COMMFRCIALGGNERALILABIUTY DAMAOETORC M' t) wlieEB(13 aeeorortiel S 100,000 CLAIMS MADE 0 occuR MED EXP(AnYorope►eorp $ 6,000 X BLANKET WAIVER IPEReONAI&ACV INJURY I 1,000,030 X CONTRACTUAL INC L OENRtALAGGREGATE 5 2,000,000 'GEN'LAOOREOATE LIMIT APRIEB PER: PRODUCTS-COMP/OP AGO $ 2,000,000 )` 1 POLICY? [LOC B AUTOMOBILE U X iLRY +TCA5641376 08/2512004 05/2 /2005 __ COMBINEDBINOLE L{MLIMITANYAU.AUT NEO DAUT09 (ER eaakbn0 • i ,000,000 OW BODILY INJURY 5 5CM®U LED AUT00 (Per preen) r HIRED AUTOS • BODILY INJURY X NO.DWNEDAUTO9 (PereccN,nI) i PROPERTY DAMAGE 1 ` - - (Per swam) OARAOE UPBILRY AUTO ONLY-EA ACCIDENT 5 R ANY AUTO OTHER THAN SA ACC $ _ AUTO ONLY; AGO i w C IINCeNEINUMINSLLAUAIiILiTY UMB5841377 08f2.5/2004 08/25/2005 EACHOGCURRENCE s 2,030,000 Tit OCCUR CLAIMS MADE • AOOMOTE , $ 2 000,000 $ DEDUCTIBLE I )7 RETENTION I 25,000 I $ WORKERS CONPBNIATION AND I�w Ya1 OEK EMPLOYERS uwarTY ANY PROPRETORIPARTNEfaEXECUTNE EL.EACH ACCIDENT i OFHCERl14lMIER EX0.U[>Fo7 • E.L.OIBEAVE.EA EMPLOYEE I Ir eeeerlN under EGIALPROYIBIONBDebw • EL,DISEASE-POLICY UMR i OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE*I EXCLUSIONS ADDED BY soDORSISSPIT I$PBCUU.PROVIEONS JOB; THE ERECTION OF APPROX 7500 L.F.OF FOUR-FOOT HIGH CHAIN LINK FENCE ALONG THE CORRIGAN BY-PASS DITCH ROW. BLANKET ADDITIONAL INSURED AND BLANKET WAIVER OF SUBROGATION AS REQUIRED BY WRITTEN CONTRACT IS PROVIDED, •CERTIFtCATE HOLDER CANCELLATION IINOLE.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRIATRIN CITY OF PEAR LAND OATS THEREOF, THE I60UIN0 INSURER WILL ENDEAVOR TO ?MIL 30 ,DAYS wRITTU+ CITY HALL NOTICE'TO THE CORTIFICATE HOLDER NAMGO To THE LEFT,BUT FAILURE TO DO SO MIL 3518 LIBERTY DRIVE Rpm No ORLICATION OR UAUILITY OP ANY RHO UPON THE INSURER, RO AGENTS OR PEAR LAND TX 77581- R!PRPMNTATIVI♦. S AUTMOROxOREPRBRNTATM /'1 4771, ACORD 24(2OO1103) (f,��j1-'"-�" 0 AOORD CORPORATION 1988 Corrigan Ditch By-Pass Channel CITY OF PEARLAND Chain Link Fence C DOCUMENT 00900 ADDENDUIVI NO i DATE OF ADDENDUM: November 11, 2004 PROJECT NAME: Mobility and Drainage Bond Program Corrigan Ditch By-Pass Channel—Chain Link Fence : . ...... • OWNER: City of Pearland •} • . � �rt 610• w €' .... .,. ;? K?LLc R RFB NO.: 2005-03 •• •• ••�• aEr PROJECT NO.: 052511256.0004 '- . s5 e *e ; BID DATE: November 17, 2004 (There is no change in the Bid Date) This Addendum forms a part of the bidding documents and will be incorporated into the ontr. t Documents as applicable. Insofar as the original specifications and drawings are inconsis • , is Addendum governs. Acknowledge receipt of the Addendum by inserting its number in Document 00300—BID. Failure to do so may subject Bidder to disqualification. CLARIFICATION New chain link fence is to be constructed on line and inset 6" into City of Pearland right-of-way. END OF ADDENDUM NO. 1 C 00900—Page 1 of 1 MOBILITY AND DRAINAGE BOND PROGRAM c CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS CORRIGAN DITCH BY-PASS CHANNEL CHAIN LINK FENCE CONTRACT D•CUMENTS BUD NO. 2005-003 CITY OF PEARLANID, TEXAS 3,;12% e JAMES W KELLER 8e�. 71721 / � r 0 OCTOBER 2004 TurnerCoflieCC Braden:Inc. Engineers • Planners' • Project Managers Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence ' r'''' TABLE OF CONTENTS CONTRACT DOCUMENTS MOBILITY AND DRAINAGE BOND PROGRAM CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS CORRIGAN DITCH BY-PASS CHANNEL CHAIN LINK FENCE OCTOBER 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 Information 1 00300 Bid 6 00315 Bid Bond 2 00500 Agreement 7 00610 Construction Performance Bond 4 00620 Construction Payment 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 24 00811 Wage Scale for Engineering Construction 3 DIVISION 1 GENERAL REQUIREMENTS Section No. Title No. of Pages 01100 Summary of Work 4 01140 Contractor's Use of Premises 3 01200 Measurement and Payment 3 01290 Change Order Procedures 5 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 01555 Traffic Control and Regulation 4 ri 01562 Waste Material Disposal 2 00003—Page 1 of 2 Table of Contents 1 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence Section No. Title No. of Pages C.''', 01563 Tree and Plant Protection 4 01566 Source Controls for Erosion and Sedimentation 4 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 01720 Field Surveying 2 01730 Cutting and Patching 3 01760 Project Record Documents 2 01770 Contract Closeout 2 SUPPLEMENTAL TECHNICAL SPECIFICATIONS Section No. Title No. of Pages 02821 Chain Link Fences and Gates 3 02824 Fencing Removal 2 03300 Cast-In-Place Concrete 32 C, 00003—Page 2 of 2 Table of Contents Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence (7.'\ LIST OF DRAWINGS Sheet No. Title 5A Drainage Channel Sta. 0+00 to 12+00 6A Drainage Channel Sta. 12+00 to 24+50 7A Drainage Channel Sta. 24+50 to 34+50 8A Drainage Channel Sta. 34+50 to 41+50 9A Drainage Channel Sta. 41+50 to 52+44.82 18 Miscellaneous Details L 1 Project No.052511256.0004 00004—Page 1 of 1 LIST OF DRAWINGS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel —Fence Publish Dates: October 27 &November 3,2004 NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS MOBILITY AND DRAINAGE BOND PROGRAM REQUEST FOR BIDS: 2005-003 Sealed BIDs will be received, in duplicate, referencing the following project in the office of the City Secretary, City of Pearland, City Hall, Suite 309 located at 3519 Liberty Drive, Pearland, Texas, 77581,until 3:00 p.m.,November 17, 2004, at which time they will be publicly opened and read aloud for the construction of: PROJECT TITLE: Corrigan Subdivision Drainage Improvements—Corrigan Ditch By-Pass Channel Chain Link Fence. RFB No. 2005-003. 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 November 10, 2004 at 3:00 p.m. local time at the Pearland City Hall, first floor conference room. . The project will entail construction of: l The erection of approximately 7,500 LF of four-foot high chain link fence along the Corrigan By- Pass Ditch ROW. The Corrigan Ditch By-Pass Channel is located just south of Broadway/F.M. 518, west of S.H. 35/Main Street, and east of F.M. 1128. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearland F. W. Dodge/McGraw Hill Information Services City Hall 4101 Greenbriar, Suite 320 3519 Liberty Drive Houston,Texas 77098 713-529-4895 Pearland,Texas 77581 281-652-1600 Associated General Contractors of America Inc. Associated General Contractors of America Inc. 3825 Dacoma Street 2400 Augusta, Suite 180 Houston,Texas 77092-8717 713-843-3700 Houston,Texas 77057 713-334-7100 Turner Collie&Braden Inc. 5757 Woodway, Suite 205 Houston,Texas 77057 713-780-4100 Bid documents may be obtained from the Bid Center,Turner Collie &Braden Inc., 5757 Woodway, Houston,Texas 77057, 713-780-4100. ("*"' Contract Documents and Plans may be purchased for the amount of$50.00. Make all checks payable to Turner Collie&Braden Inc. The amount of the purchase will not be refunded. Project No.052511256.0004 00020—Page 1 of 2 INVITATION TO BID Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence , ,,..--, 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. j •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 C ( r'''' Project No.052511256.0004 00020—Page 2 of 2 INVITATION TO BID Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence INSTRUCTIONS TO BIDDERS 1. Defined Terms Terms used in these Instructions to Bidders are defined in Section 00700 - General Conditions of the Construction Contract. Certain additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof. 1.1. BIDDER- one who submits a bid directly to OWNER as distinct from a sub-bidder,who submits a bid to a BIDDER. 1.2. Issuing Office-the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3. Successful Bidder-the lowest responsible BIDDER to whom OWNER(on the basis of OWNER's evaluation as hereinafter provided)makes an award. 1.4 Program Manager—Turner Collie&Braden Inc. 2. Copies of Bidding Documents 2.1. Complete sets of the Bidding Documents, in the number and for the payment sum stated in the Invitation to Bid,may be obtained from the Issuing Office. 2.2. Complete sets of Bidding Documents must be used in preparing BIDs; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents or otherwise associated with the Bidding Documents. 2.3. OWNER and ENGINEER,in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining BIDs for the Work and do not confer a license or grant for any other use. BIDDER may not make copies of the Bidding Documents. Ownership of the Bidding Documents shall remain with the OWNER. 3. Qualifications of BIDDERS To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit,within five(5)days after BID opening and upon OWNER's request,detailed written evidence such as financial data,previous experience,present commitments, and proof that the BIDDER has the personnel, equipment,and material to execute the work required by the Contract Documents or any other such data as may be called for below. 4. Examination of Contract Documents and Site 4.1. It is the responsibility of each BIDDER,before submitting a BID: 4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including"technical data"referred to below); Project No.052511256.0004 00100—Page 1 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 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 Project No.052511256.0004 00100—Page 2 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE INFORMATION,DATA, INTERPRETATIONS,AND OPINIONS SHOWN, INDICATED, OR CONTAINED IN THE PLANS ARE ACCURATE,CORRECT, COMPLETE, OR FIT FOR THEIR INTENDED PURPOSES. 4.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERs with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 2.06 of the Supplementary Conditions. 4.5. Before submitting a BID, each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations,tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise,which may affect cost,progress,performance, or furnishing of the Work, or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its BID for performing and furnishing the Work in accordance with the time,price, and other terms and conditions of the Contract Documents. 4.6. On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations,tests, and studies as each BIDDER deems necessary for submission of a BID. BIDDER must fill all holes and clean up and restore the (``' site to its former condition upon completion of such explorations, investigations,tests, and \\ studies. 4.7. Reference is made to the Supplementary Conditions for the identification of the general nature of work to be performed at the site by OWNER(if applicable)or others (such as utilities and other prime contractors)that relates to the Work for which a BID is to be submitted. On request, OWNER will provide to each BIDDER for examination, access to, or copies of, Contract Documents(other than portions thereof related to price)for such work. 4.8. The submission of a BID will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4,that,without exception,the BID is premised upon performing and furnishing the Work required by the Contract Documents, and applying the specific means,methods,techniques, sequences, or procedures of construction(if any)that may be shown or indicated or expressly required by the Contract Documents,the BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that BIDDER has discovered in the Contract Documents, and written resolutions thereof by ENGINEER are acceptable to BIDDER,that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work, that the BIDDER has no questions regarding the Work,that the BIDDER has all information necessary to make a fully informed BID, and that the BIDDER has conducted all tests at the site it deems necessary. 4.9. The provisions of 4.1 through 4.8,inclusive, of this Article, do not apply to Asbestos, Polychlorinated biphenyls (PCBs),Petroleum, Hazardous Waste,or Radioactive Material covered by Paragraph 2.09 of the Supplementary Conditions. Project No.052511256.0004 00100—Page 3 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence r-,,, 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. (0.-. 8. Contract Times The Contract Times, as defined in Paragraph 1.13 of the Supplementary Conditions, are set forth in the Agreement. Project No.052511256.0004 00100—Page 4 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the PLANS or specified in the Specifications without consideration of possible substitute or"or- equal" items. Whenever it is indicated in the PLANS or specified in the Specifications that a substitute or"or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 4.30.1, 4.30.2, and 4.30.3 of the Supplementary Conditions. 11. Subcontractors, Suppliers, and Others 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.052511256.0004 00100—Page 5 of 8 INSTRUCTIONS TO BIDDERS 14.2. If,within twenty-four(24)hours after Bids are opened,any BIDDER files a duly signed,written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its BID,that BIDDER may withdraw its BID and the Bid Security will be returned. Thereafter,that BIDDER Project No.052511256.0004 00100—Page 6 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Issuing Office(s) described in the Invitation to Bid. 12.2. All blanks on the Bid Form must be completed in ink. 12.3. BIDS by corporations must be executed in the corporate name by the president or a vice- president(or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 12.4. BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 12.5. All names must be typed or printed in black ink below the signature. 12.6. The BID shall contain an acknowledgment of receipt of all Addenda(the numbers of which must be filled in on the Bid Form). 12.7. The street and/or post office box address and telephone and/or fax number for communications regarding the BID must be shown. 12.8. When applicable, evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any,must also be shown. 13. Submission of Bids Each BID shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope,marked with the Project title and name and address of BIDDER and accompanied by the Bid Security and other required documents. If the BID is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation"BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. 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 prior to the opening of BIDs. 14.2. If,within twenty-four(24)hours after Bids are opened,any BIDDER files a duly signed,written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its BID,that BIDDER may withdraw its BID and the Bid Security will be returned. Thereafter,that BIDDER Project No.052511256.0004 00100—Page 6 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence will be disqualified from further bidding on the Work to be provided under the Contract Documents. 15. Opening of Bids BIDS will be opened and read aloud publicly(unless obviously nonresponsive) at the place where BIDS are to be submitted. An abstract of the amounts of the base 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 Security prior to that date. 17. Award of Contract 17.1. OWNER reserves the right to reject any or all BIDS, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional BIDS and to reject the BID of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER,whether because the BID is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinentstandard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating BIDS, OWNER will consider the qualifications of BIDDERS,whether or not the BIDS comply with the prescribed requirements,and such alternates, unit prices,and other data, as may be requested in the Bid Form or prior to the Notice of Award. 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 (00-\ satisfaction within the prescribed time. Project No.052511256.0004 00100—Page 7 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence 17.5. If the contract is to be awarded,it will be awarded, in accordance with Paragraph 1.3,to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 17.6. If the contract is to be awarded, OWNER will give Successful Bidder a Notice of Award within ninety(90) days after the day of the BID opening. 18. Contract Security Paragraph 4.05 of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it must be accompanied by the required Bonds. 19. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number(as stated in Section 00500"Agreement") of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen(15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10)days thereafter, OWNER shall 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. cgs.- END OF SECTION Project No.052511256.0004 00100 —Page 8 of 8 INSTRUCTIONS TO BIDDERS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence GEOTECHNICAL INFORMATION 1.0 DOCUMENT INCLUDES A. Soils Investigation Report B. Environmental Site Assessment 2.0 RELATED DOCUMENTS Section 01570—Trench Safety System 3.0 SITE INVESTIGATION REPORTS 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 rib'\ A geotechnical study dated March 2003,was performed by Tolunay-Wong Engineers, Inc. The report is titled "Geotechnical Study; Corrigan Subdivision; City of Pearland Mobility and Drainage Program; Pearland, Texas." 5.0 ENVIRONMENTAL REPORTS An environmental report dated February 2003,was performed by Quadrant Consultants Inc. This report is titled"Phase I Environmental Site Assessment, Corrigan Drainage Improvements." 6.0 BIDDER'S RESPONSIBILITIES A. BIDDER shall have full responsibility for interpretation of the reports and use of the information for his bidding and construction purposes. B. BIDDER may perform such additional soil investigations as he deems appropriate. END OF DOCUMENT C Project No.052511256.0004 00220—Page 1 of 1 GEOTECHNICAL INFORMATION June 18,2003 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence BID Date: k)cry i(o , 2004 BID of F0 042 S.ec"soos u.e` vv et a -rn C , an individual proprietorshi. a o .. . . ,uthorized to transact business in Texas, or a partnership consisting of , registered to transact business in Texas for Corrigan Subdivision Drainage Improvements—Installation of Chain Link Fence along Corrigan Ditch By-Pass Channel, City of Pearland,Project No. 052511256.0004, BID No. 2005-003. THIS BID IS SUBMITTED TO: City of Pearland Attention: Gordon Island Purchasing Officer City Hall 3519 Liberty Drive Pearland, Texas 77581 1. The undersigned BIDDER proposes and agrees,if this BID is accepted,to enter into an Cm"'\ 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.: 1 Dated: IV O Y I I ) Zoo"-/ Addendum No.: Dated: C°"' Addendum No.: Dated: Project No.052511256.0004 00300—Page 1 of 6 BID revised 3/12/03 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence (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; (c) BIDDER is familiar with,has taken into consideration in formulating its BID and accepts all federal, state, and local Laws and Regulations that may affect cost, progress,performance, and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site(except Underground Facilities)which have been identified in the Supplementary Conditions as provided in Paragraph 2.06. BIDDER accepts the determination set forth in Paragraph 2.06 of the Supplementary Conditions of the extent of the"technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in Paragraph 4.2 of the General Conditions. BIDDER understands, acknowledges, and agrees that such reports and drawings are not Contract Documents and may not be complete for BIDDER's purposes. BIDDER understands, acknowledges, and agrees that OWNER and ENGINEER are not responsible for and make no warranties regarding the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to surface and subsurface conditions and Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied and is responsible for obtaining and studying any and all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost,progress, performance or furnishing of the Work, or which relate to any aspect of the means, methods,techniques, sequences, and procedures of construction to be employed by BIDDER,and safety precautions and programs incident thereto as may be necessary. BIDDER does not consider that any additional examinations, investigations, explorations,tests, studies or data are necessary for the determination of this BID for performance and furnishing of the Work in accordance with the times,price, and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of work to be performed by OWNER and others at the site that relates to Work for which this BID is submitted as indicated in the Contract Documents. (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 necessary to make a fully informed BID; and the Contract Documents are generally sufficient to indicate and Project No.052511256.0004 00300—Page 2 of 6 BID revised 3/12103 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence 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 or indirectly induced or solicited any other BIDDER to submit a false or sham BID; BIDDER has not solicited or induced any person, fire, 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 necessary to commence and to complete the Work in accordance with the Bidding Documents; is fully qualified and has experience in performing work of the same type as the Work covered by the Bidding Documents; and will provide all necessary labor, superintendence,machinery, equipment, tools,materials, services, and other means of construction to complete all work upon which BIDDER bids and complete said work within the time stated and for maintaining same as required for the following prices: 1. Project No.052511256.0004 00300—Page 3 of 6 BID revised 3/12/03 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence Item Approx Unit Total (1.-' No. Description of Item Unit Quantity Price* Amount Bid 5. Schedule of Unit Price Bid: Corrigan Ditch By-Pass Channel 1. 4-Foot Chain Link Fence Linear 7,600 $ 6.29 4.k $ y'1,bO1-1 Foot TOTAL AMOUNT BID $ L{7, VY-f 00 *In the event of a discrepancy, figures in this column govern. C l Project No.052511256.0004 00300—Page 4 of 6 BID Revised 10/21/03 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel -Fence 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 30 calendar days in accordance with Paragraph 6.08 of the General Conditions and will complete the Work and be ready for final payment within 45 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 'Y S calendar days in accordance with Paragraph 6.16 in the Supplementary Conditions, and will complete the Work and be ready for final payment within 6 o 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 'Sit t�oi. D in the amount of$ 5 % . 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. Cilu\ Project No.052511256.0004 00300—Page 5 of 6 BID • Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel -Fence ATTEST: Very trt� ours Y• (SEAL, if Bidder i orporation) (Signature ►A-N KUrIeC KA (Typed or Printed Name) Title: --Pre 5113-Q n 7' Bidder: Fo u R Sect Sol..)s�1 Q.ut t c�,�,c1e rti� G 2E1 C (Name of Company)' i Address: 5$Z5 ICJ. SO.P 140 uSib,- �kun Tv J?( 7loy Telephone No.: 1 l 3- L/(ofo 7 D 7 7 Facsimile No.: 7 13- (o- 4 77S"" Surety Co: Cl0A-Rool1-y 1/4.1-nNu/QnC-c utc.2g� Address: 13 I I I N .w, riff'tun ZC) 4OO57Ui.0 )X ?O14 O Telephone No.: 1 t 3 -- q 324- oZc I s Facsimile No.: 113 ^ 9314- ZVZC) Project No.052511256.0004 00300—Page 6 of 6 BID Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence BID BOND STATE OF 1 T,XAS § COUNTY OF BI A2 ORIA § KNOW ALL MEN i y THES I; .PRE.SF NTS: That we, the undersigned, Four Seasons Development Co. ,, Inc as Principal, and Merchants Bonding Company (Mutual) `, as Surety, are hereby held and tirmly bound unto the City of Pearland, Texas, as OWNER in the amount. of 5% Greatest Amount B'd7-- ... _ w1i i ell 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 of Pearland — . a certain BID, attached hereto and hereby made a . part hereof to enter into a contract in writing for 7600 Feet of 4", Chain Link Fence. (81.\' NOW'Il IEREF()RE: (a). If said RID shall be rejected or; (h) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract 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 performing 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 he 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 he 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. Pruject No.052511256.omd 00315—Page 1 of 2 nip BOND CITY OF PEARL AND Corrigan Subdivision Drainage Improvements Corrigan Ditch fay-Pass Channel—Fence IN WITNESS WHEREOF', the Principal and the Surety have hereunto set their hands and seals, and such of them as arc 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. EXE,C'11'1'r,D, this lhe_ 17th — clayol November 2004 Four Seasons Development Co. , Inc. Merchants Bonding Company(Mutual) Principal Surety m , By: _ By; _ .. _ (Power of A • ey A.ttached Kimberly J. S th, Attorney-in—fact ATTEST/SEAL: cilk,\ BY:_ 6 ,/ TITLE: IMPOR I ANI': Surety companies executing BONDS must be licensed to transact business in the State of Texas_ 7". NAL Project No.oszsr r2s�s.QOoa 00315—Page 2 of 2 ern BOND POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company Bond No. KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Kimberly J. Smith, Steve Berry,Nancy T.Berry,Morris D. Plagens,Jr.and/or Richard D.Bright • of Houston and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION($2,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19,2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of May,2003. •aN D iti�,•• • �\NG CQ�A MERCHANTS BONDING COMPANY(MUTUAL) (l �,•�(lP0%i9. • �•�O•,•��P09 .9 NATIONS BONDING COMPANY _ _ 2003 'a• :y' 1933 C. • •O•• 4,Z-71,7 77,4, STATE OF IOWA President COUNTY OF POLK ss. On this 1st day of May,2003,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. MARILYN BOYD "jittAkirt) Aityce Commission Number 10012 My Commission Expires November 4,2004 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 17 t1cNay of November 20Q4 • ;�0.o�Poy9. 0• • oRPUq .y . • • O•' 2003 � . :3 • 2 RIGINk ecretwy • as O ti�` .._� • ti. NBC 0103 (4/03) •• Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel -Fence AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2004 by and between City of Pearland, (hereinafter called OWNER) and Foo r-nc. (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: "The Corrigan Ditch By-Pass Channel Fence including the erection of approximately 7,600 LF of 4-foot chain link fence. The Corrigan Ditch By-Pass Channel is located just south of Broadway/F.M. 518,west of S.H. 35/Main Street, and east of F.M. 1128. Article 2. ENGINEER. The Project has been designed under subcontract to Turner Collie&Braden Inc., acting as Program Manager. Turner Collie&Braden Inc.,who is hereinafter called ENGINEER and who is to act as OWNER's Representative, assume all duties and responsibilities,and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The Work will be substantially completed with 30 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 45 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 Project No.052511256.0004 00500—Page 1 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence (I's\ CONTRACTOR agree that as liquidated damages for delay(but not as a penalty), CONTRACTOR shall pay OWNER One Hundred Fifty dollars ($150.00) for each day that expires after the time specified in Paragraph 3.1 above for Substantial Completion until the Work is substantially complete. After Substantial Completion,if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.1 above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty dollars ($150.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts as indicated in the attached BID. As provided in Paragraph 6.04 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in Paragraph 6.03 of the General Conditions. Unit prices have been computed as provided in Paragraph 6.04 of the General Conditions. ' Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments;Retainage. Subject to OWNER's right to withhold payment in Paragraph 6.15.4 of the Supplementary Conditions, OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's completed Applications for Payment as recommended by ENGINEER, on or about the 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. Ninety percent(90%) of the Work completed and included in the Application for Payment (with the balance being retainage). Ninety percent(90%) (with the balance being retainage)of materials and equipment not incorporated in the Work(but delivered, suitably stored and accompanied by documentation Cim‘. satisfactory to OWNER as provided in Paragraph 6.06 of the General Conditions)and included in the Application for Payment. Project No.052511256.0004 00500—Page 2 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel -Fence 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 6.08 of the General Conditions and submission of a completed Application for Payment, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 6.08 in the Supplementary Conditions. Article 6. INTEREST. All moneys not paid when due as provided in Article 6 of General Conditions shall bear interest at the maximum rate allowed by law in the State of Texas. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations and warranties: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8) and the other related data identified in the Bidding Documents including"technical data." 7.2. CONTRACTOR has visited the site,has conducted all testing at the site CONTRACTOR deems necessary,has become familiar with,has taken into consideration in formulating its 7N, 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 as provided in Paragraph 2.06. CONTRACTOR accepts the determination set forth in Paragraph 2.06 of the Supplementary Conditions of the extent of the"technical data"contained in such reports and drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR understands, acknowledges,and agrees that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR understands, acknowledges,and agrees that OWNER and ENGINEER are not responsible for and make no warranties regarding the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to surface and subsurface conditions and Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied and is responsible for obtaining and studying any and all such additional or supplementary examinations,investigations, explorations,tests, studies, and data concerning conditions(surface, subsurface, and Underground Facilities)at or contiguous to the site or otherwise which may affect cost,progress,performance, or furnishing of the Work or which relate to any aspect of the means,methods,techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs Project No.052511256.0004 00500—Page 3 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence (ins\ incident thereto,as may be necessary. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times,price, and other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to Work for which this BID is submitted as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site,reports and PLANS identified in the Contract Documents and all additional examinations,investigations, explorations,tests, studies, and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, CONTRACTOR has no questions regarding the Work, CONTRACTOR has all 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 (.14 experienced, (ii) is capable of performing the Work and has available resources to perform the Work, and(iii)understands and agrees to the terms of all of the Contract Documents. Article 8. CONTRACT DOCUMENTS. The Contract Documents that comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. Invitation to Bidders(pages 1 to 2,inclusive). 8.2. Instructions to Bidders(pages 1 to 8, inclusive). 8.3. Bid(pages 1 to 10,inclusive). 8.4. Addenda Numbers I 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). 8.7. General Conditions of Agreement(pages 1 to 31,inclusive),Including Attachments 1 and 2. 8.8. Supplementary Conditions (pages 1 to 24,inclusive). Ci"\\ 8.9. Insurance Certificate. Project No.052511256.0004 00500—Page 4 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence (in\ 8.10. Technical Specification bearing the title"Mobility and Drainage Program Standard Technical Specifications, Division 2 through Division 16." 8.11. Division 1 General Requirements included in the Specification book bearing the title "Mobility and Drainage Bond Program, Corrigan Subdivision Drainage Improvements Contract No. 1, Corrigan Ditch By-Pass Channel, Contract Documents, BID No.2003-081." 8.12. PLANS consisting of a cover sheet and sheets numbered as listed in Document 00004—List of Drawings. 8.13. Documentation submitted by Contractor prior to Notice of Award(pages to inclusive). 8.14. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 7.01, 7.02, 7.03, and 7.04 of the General Conditions. In the event of any discrepancies between the parts of the Contract Documents, or likewise, in the event of any doubt as to the meaning and intent of any portion of the Contract Documents, ENGINEER shall define that which is intended to apply to the Work. The documents listed in Article 8.3 et seq. above are attached to this Agreement(except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended,modified, or supplemented as provided in Paragraphs 7.01, 7.02, 7.03, and 7.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto or effective without the prior written consent of the party sought to be bound;and, specifically but without limitation,monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself,its partners, successors, assigns,and legal representatives to the other party hereto,its partners, successors,assigns,and legal representatives in respect to all covenants,agreements, and obligations contained in the Contract Documents. 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 Project No.052511256.0004 00500—Page 5 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence be valid and binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. If, however, the void or unenforceable provision is of the essence of this Agreement,nothing in the Paragraph 9.4 shall prevent this entire Agreement from being void. 9.5. OTHER PROVISIONS. As noted hereinafter: 9.5.1. The following Articles shall survive termination of this Agreement: 3 (Contract Times); 7 (Contractor's Representatives); and 9 (Miscellaneous). 9.5.2. Headings and titles of Articles in this Agreement are included herein for convenience of reference only and shall not constitute a part of the Agreement for any other purpose and will not affect in any way the meaning or interpretation of this Agreement. 9.5.3. This Agreement as executed by authorized representatives of OWNER and CON 1RACTOR constitutes the entire Agreement between the parties with respect to matters herein, and there are no oral or written understandings,representations, or commitments of any kind, express or implied,not expressly set forth herein. 9.5.4. This Agreement, its interpretation, and any disputes relating to, arising out of, or connected with this Agreement, shall be governed by the laws of the State of Texas,without regard to conflicts of law provisions. Any dispute relating to, arising out of, or connected with this Agreement shall be filed and maintained in the state or federal courts located in Brazoria County, Texas, unless otherwise agreed by the parties in connection with an Alternative Dispute Resolution Agreement. 9.5.5. Each party hereto represents and warrants that the person executing this Agreement on its behalf is duly authorized and empowered to do so and that all formalities necessary for its approval of this Agreement have been satisfied. 9.5.6. CONTRACTOR undertakes performance of the Work as an independent contractor. Nothing herein shall create a relationship of employer and employee,joint venture, or partnership between OWNER and CONTRACTOR, its agents,representatives, employees,or subcontractors for any purpose whatsoever. Nothing herein shall create a relationship of principal and agent between OWNER and CONTRACTOR, its agents, employees, representatives,or subcontractors.Neither party shall have the authority to bind or obligate the other in any manner as a result of the relationship created hereby. 9.5.7. Upon payment of a portion of the Work, CONTRACTOR shall be deemed to have sold and conveyed to OWNER, and OWNER shall be deemed to have purchased from CONTRACTOR all of CONTRACTOR's right,title, and interest in the Work. From and after the date of such payment,within fifteen(15)days of the request of OWNER, CONTRACTOR shall execute and deliver such bills of sale and other instruments of conveyance, assignment,transfer, and delivery as OWNER may reasonably request in order to convey such right, title,and interest to OWNER. From and after the date of such payment, title to the Work shall remain with OWNER. Project No.052511256.0004 00500—Page 6 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel -Fence C' IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 2004(which is.the----_- Effective Date of the Agreement). OWNER City of Pearland CONTRACTOR VlooR cS S v2 icJem{ryj' By: �sa9a $ea�eo� By: P[CORPORAL ,.... ��` i[CoSEif ® . � f : m ® ; (A `yes om0o �O Attest 00, ®®a_: Attest r City a Address for giving notices Address for giving notices 3519 Liberty Drive 5,bZS W Sam \ ,aj---+ (w36 iv Ci.*\ Pearland,Texas 77581 tf If CONTRACTOR is a corporation, attach evidence of authority to sign). END OF SECTION Project No.052511256.0004 00500—Page 7 of 7 AGREEMENT Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 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): OWNER(Name and Address): City of Pearland 3519 Liberty Drive Pearland,Texas 77581 CONSTRUCTION CONTRACT Date: C.N4\1 Amount(In Numbers and Words): Description(Name and Location): BOND Date(Not earlier than Contract Date): Amount(In Numbers and Words): Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: Project No.052511256.0004 00610—Page 1 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence WHEREAS: 1. The CONTRACTOR and the Surety,jointly and severally, bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators, successors, and assigns to the OWNER for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Construction Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1 hereinafter. 3. If there is no OWNER Default,the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at its address (described in Paragraph 10 below) that the OWNER is considering declaring a CONTRACTOR Default and that the OWNER has requested and attempted to arrange a conference with the CONTRACTOR and Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Construction Contract. If the OWNER,the CONTRACTOR,and Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the contract. Such CONTRACTOR Default shall not be declared earlier than twenty(20) days after the CONTRACTOR and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the OWNER. 4. When the OWNER has satisfied the conditions of Paragraph 3,the Surety shall,within thirty(30)days after notice of default, and at the Surety's expense,take one of the following actions: 4.1. Arrange for the CONTRACTOR,with consent of the OWNER,to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself,through its agents,or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Construction Contract; arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and pay to the OWNER the amount of damages,as described in Paragraph 6 hereinafter,in excess of the balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's default;or Project No.052511256.0004 00610—Page 2 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 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 CON"1'RACTOR'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.052511256.0004 00610—Page 3 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 10. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom,and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price. The total amount payable by the OWNER to the CONTRACTOR under the Construction Contract after all contractual adjustments, have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other claims for damages to which the CONTRACTOR is entitled,reduced by all valid and proper payments made to which the CONTRACTOR, in accordance with the Contract, is due. 12.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Construction Contract. ' 12.4 OWNER Default: Failure of the OWNER,which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract or to perform and complete or comply with the other terms thereof. END OF SECTION Project No.052511256.0004 00610—Page 4 of 4 CONSTRUCTION PERFORMANCE BOND Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence CONSTRUCTION PAYMENT 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): OWNER(Name and Address): City of Pearland 3519 Liberty Drive Pearland, Texas 77581 CONSTRUCTION CONTRACT Date: ` Amount(In Numbers and Words): Description(Name and Location): BOND Date(Not earlier than Contract Date): Amount(In Numbers and Words): Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: Project No.052511256.0004 00620—Page 1 of 4 CONSTRUCTION PAYMENT BOND Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan By-Pass Ditch Channel—Fence 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. Project No.052511256.0004 00620—Page 2 of 4 CONSTRUCTION PAYMENT BOND Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan By-Pass Ditch Channel—Fence 5. If a notice required by Paragraph 4 above is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4 above,the Surety shall promptly, and at the Surety's expense,take the following actions: 6.1. Send an answer to the Claimant,with a copy to the OWNER,within forty-five (45) days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any,under any Construction Performance Bond. By the CONTRACTOR furnishing, and the OWNER accepting this Bond,they agree that all funds earned by the CONTRACTOR in the performance of the Construction Contractor are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 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 Project No.052511256.0004 00620—Page 3 of 4 CONSTRUCTION PAYMENT BOND Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan By-Pass Ditch Channel—Fence incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions. 15.1: Claimant: An individual or entity having a direct contract with the CONTRACTOR, or with a subcontractor of the CONTRACTOR, to furnish labor,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.052511256.0004 00620—Page 4 of 4 CONSTRUCTION PAYMENT BOND CITY OF PEARLAND GENERAL CONDITIONS SECTION 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1. 'DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1 11.02 Contract Documents 1 1.03 Subcontractor 1 1.04 Written Notice 1 1.05 Work 2 ,1.06 Extra Work 2 !1.07 Working Day 2 1.08 Calendar Day 2 1.09 Substantially Completed 2 !1.10 Interpretation of Words and Phrases 2 ,1.11 Referenced Standards 3 .1.12 Special Conditions 3 2. RIGHTS AND RESPONSIBILITIES OF THE OWNER 3 2.01 Adequacy of Design 3 2.02 Right of Entry 3 2.03 Ownership of Drawings 3 2.04 Changes and Alterations 4 2.05 Damages 4 3. RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 4 3.01 Owner-Engineer Relationship 4 3.02 Keeping of Plans and Specifications Accessible 5 3.03 Preliminary Approval 5 3.04 Inspection by Engineer 5 3.05 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 Superintendence 11 4.11 Character of Workers 11 4.12 Labor, Equipment, Materials, Construction Plant and Buildings 12 4.13 Sanitation 12 4.14 Cleaning and Maintenance 12 4.15 Performance of Work 12 4.16 Right of Owner to Modify Methods and Equipment 13 4.17 Layout of Work 13 41.18 Shop Drawings 13 (00.\, 4.19 Engineer-Contractor Relationship; Observations 14 41.20 Observation and Testing 14 4.21 Defects and Their Remedies 15 4.22 Liability for Proper Performance 15 4.23 Protection Against Accident To Employees and the Public 16 4.24 Protection of Adjoining Property 16 4.25 Protection against Claims of Subcontractors,Laborers, Materialmen and Furnishers of Machinery and 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-ii CITY OF PEARLAND GENERAL CONDITIONS 6. ;MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions 21 6.02 Quantities and Measurements 21 '6.03 Estimated Quantities 21 6.04 Price of Work 21 6.05 Payments 22 6.06 Partial Payments 22 16.07 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 16.12 Payments Withheld 25 I6.13 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 csm-\ SECTION 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 ,DEFINITIONS AND INTERPRETATION 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR, and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER means a person authorized to act as a representative of the entity designated by the OWNER to provide engineering services required in connection with the preparation and performance of this Contract. 1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the documents contained, assembled and bound with these General Conditions of Agreement, including, whether or not labeled as such, Notice to Bidders (Advertisement), General Instructions to Bidders, Proposal,Addenda, signed Agreement,Performance and Payment Bonds (if required), Special Bonds (when required), General Conditions of Agreement, Special Conditions of Agreement(if any), Insurance Certificate, Technical Specifications,Plans and all modifications thereof incorporated in any of the documents before the execution of the Agreement, and any other document,whether or not labeled,which shall become a part of the set of documents bound together with the General Conditions of Agreement. The contract documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflicts between any of the contract documents shall be resolved first by reference to these General Conditions of Agreement; and in the event the General Conditions of Agreement do not address such conflict, then the designated ENGINEER shall resolve any conflict by a written interpretation, copies of which shall be forwarded to all parties to the Contract, and the original shall be attached to and shall become a part of these General Conditions of Agreement and thus'a part of the contract documents. i1.03 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. 11.04 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,prior to the commencement of such work,be authorized in writing by the ENGINEER. 1.07 WORKING DAY. A"working day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions not under the control of the CONTRACTOR,will permit construction of the principal units of the work for a period of not less thaniseven(7)hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. A"calendar day" is any day of the week or month,no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. The term"substantially completed,"as used in this Contract,means that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose,but shall require minor miscellaneous work and adjustment. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words"directed," "permitted," "designated," "required,""considered necessary,""prescribed," or words of like import are used,it shall be understood that the direction,requirement,permission, order, designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly,the words "approved,""acceptable,""satisfactory,"or words of like import shall mean that no exception is taken,but does not relieve CONTRACTOR of responsibility for performance of project requirements. Whenever in the Specifications or drawings accompanying this Agreement, the terms of description of various qualities relative to finish,workmanship or other qualities of similar kind which cannot, from their nature,be specifically and clearly described and specified,but are necessarily 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 Cimb\ any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words,terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 SPECIAL CONDITIONS. In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this Contract, then in such event the special conditions shall control. 2.0 !RIGHTS AND RESPONSIBILITIES OF THE OWNER ,,2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed competent engineers and/or designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the contract documents, the safety of the structure and the practicability of the operations of the completed project,provided that the CONTRACTOR has complied with the requirements of the said contract documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the contract documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR shall have no cause to complain if his work shall be delayed by reason of such inspection, construction or installation of collateral work. 2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work and,with the exception of the sets forming the part of the signed contract documents, are to be returned to the OWNER on request at the completion of the work. All drawings and models are the property of the OWNER. 4/00 00700-3 ` CITY OF PEARLAND GENERAL CONDITIONS \ '2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions,plans or materials for the work herein contemplated, or any part thereof, either before or after!the beginning of construction, without affecting the validity of this Contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If the amount of work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, except as hereinafter provided for unit price items under Article 6 of this Contract; otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work,then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss'occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 2.05 DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act,negligence, omission, mistake, or default of the OWNER,thereby causing loss to the CONTRACTOR,the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act,negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable,then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 !RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 13.01 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 in 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 included herein and shall have the authority to issue written stop 4/00' 00700-4 CITY OF PEARLAND GENERAL CONDITIONS (*IL"' work orders whenever such stoppage may be necessaryto insure the proper execution p p of this Contract. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications for reference and review by the OWNER or the ENGINEER. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of good material, and for performing good work as herein described, and in full accordance with the Plans and Specifications,without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such 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 technical, functional and/or engineering requirements of the contract documents, and is in all other respects being performed in compliance with the contract documents. However,the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work,nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means,methods, techniques, sequences, quality,procedures,programs, safety precautions or lack of same incident to the work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the 4/00 00700-5 CITY OF PEARLAND GENERAL CONDITIONS Cw"\% 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. 13.06 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either the OWNER or the CONTRACTOR, is not in accordance with the meaning and intent of this Contract, either party may,within thirty(30) days of receipt of such decision, file its written objection to the decision with the ENGINEER; and the ENGINEER shall,upon receipt of such written objection and within twenty(20) days thereafter, review the same and render a written affirmation or modification of the original interpretation,which shall become a part of the contract documents. Either party who shall remain aggrieved after the ENGINEER has rendered his affirmation or modification of his previous decision, shall have the right,within a period not to exceed sixty(60) days after the ENGINEER has filed his affirmation or modification of the decision with the District Secretary,to file suit in the District Court, seeking a declaratory judgment or other relief to determine the intent of the contract documents. If any aggrieved party shall fail to file such a petition with the District Court within the time specified,the decision of the ENGINEER shall become final and binding and non-appealable. 3.07 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated,to the best of his knowledge,information and belief;however, such 4/00 00700-6 CITY OF PEARLAND GENERAL CONDITIONS recommendation of an application for payment to CONTRACTOR shall not be deemed to be a representation by the ENGINEER that any examination has been made to determine how or for what purpose CONTRACTOR has used the monies paid on account of the contract price. As a condition of final payment, the CONTRACTOR shall execute an Agreement for Final Payment and Contractor's Sworn Release, in a form as included herein and made a part of these contract documents, being its agreement to accept the amount recommended by the ENGINEER as full payment for the work that has been completed as set out in the CONTRACTOR's application for payment and supporting data. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the work under this Contract,with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means,method, and manner of performing such work, so long as such methods do not adversely affect the completed improvements or any other property abutting or adjoining the work area,the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to ( and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has,by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered,the character of equipment and facilities needed preliminary to and during the prosecution of the work,the general and local conditions, and all other matters which in any way affect the work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning and intent of all of the contract documents and understands the meanings of all parts of such documents or other factors affecting the work,which were not previously understood. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, ordinances and regulations,regardless of whether the same are adopted before or after the execution of this Contract,which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws,ordinances, and regulations,whether 4/00 00700-7 CITY OF PEARLAND GENERAL CONDITIONS by the CONTRACTOR or his employees. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising there from. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign,by power of attorney or otherwise, or sublet said Contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE AND PAYMENT BONDS. In the event the contract price shall be in excess of$25,000.00, the CONTRACTOR shall execute separate Performance and Payment Bonds, each in the sum of one hundred percent(100%) of the total contract price,which shall be increased at any time to cover any change orders, additives or add-ons,in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the contract price does not exceed $25,000.00,the statutory bonds will not be required. All required bonds shall be submitted on 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 keep in force throughout the life of this Contract, and for one additional year, insurance as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact 4/00 00700-8 CITY OF PEARLAND GENERAL CONDITIONS C"'"'N 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 written on a"claims made"form. The OWNER,the ENGINEER, their agents and employees shall be named as additional insureds on CONTRACTOR's Commercial General Liability,Automobile Liability and excess or Umbrella Liability policies. OWNER may waive the additional insured requirement under the Commercial General Liability policy if an OWNER's and CONTRACTOR's Protective Liability policy with general aggregate limits of$2,000,000.00,with $1,000,000.00 per occurrence limit, is provided. The contractual liability coverage in the Commercial General Liability policy shall not be excluded. The following insurance coverages will be carried and certified. (1) Workers' Compensation Insurance and Employer's Liability Insurance. Attachment No. 1 to these General Conditions contains statutory requirements for Workers' Compensation Insurance. The Employer's Liability Insurance shall have limits as follows: Bodily injury by accident: $500,000 each accident. Bodily injury by disease: $500,000 policy limit. Bodily injury by disease: $500,000 each employee. (2) Commercial General Liability Insurance: Including Contractor's Protective Liability, Broad Form Property Damage, Contractual Liability,Bodily Injury,Personal Injury, and Products and Completed Operations (for a period of one(1)year following completion of the Work under this Agreement) Combined single limit of$1,000,000 each occurrence, Subject to general aggregate$2,000,000; Products and Completed Operations, $1,000,000 aggregate 4/00 00700-9 CITY OF PEARLAND GENERAL CONDITIONS (3) Automobile Liability Insurance: Bodily injury per person: $250,000. Bodily injury per accident: $500,000. • Property damage: $250,000. Or a policy providing combined single limits of$750,000. (4) OWNER, at its own discretion,may require an umbrella or excess limits liability policy. (5) All coverages shall be endorsed to waive the carrier's right of subrogation against the OWNER. In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to claim, demand or litigation growing out of or arising from a claim not contemplated herein, such failure on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift the liability of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR DOES HEREIN AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER HARMLESS FROM ANY AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON OF ANY OF THE CIRCUMSTANCES HEREIN ENUMERATED, OR ANY OTHER CLAIMS ' OR DEMANDS MADE BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF THE WORK PERFORMED BY THE CONTRACTOR. 4.07 CERTIFICATE OF INSURANCE. Within ten(10) days after notification of award of Contract, the CONTRACTOR and each subcontractor shall submit to the OWNER for approval, certificates of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company, setting forth: (1) The name and address of the insured; (2) The location of the operations to which the insurance applies; (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificates. 4/00 00700-10 CITY OF PEARLAND GENERAL CONDITIONS (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract; (6) A provision that the policy may be canceled or materially changed only by mailing written notice to the named insured at the address shown in the policy, stating when, not less than thirty(30) days thereafter, cancellation or change of such policy shall be effective, with a copy of such letter of intent to the OWNER. 4.08 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all construction permits, licenses, and inspections necessary for proper execution and completion of the Work and which are legally required at the time bids are received. 4.09 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise, and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying tax at the time of purchase. 4.10 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER's representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the employee or agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the CONTRACTOR. The work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR,its subcontractors or any of its agents or employees, or any other persons performing any of the work. 4.11 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the work, and agrees that whenever the ENGINEER shall inform him in writing that any 4/00 00700-11 CITY OF PEARLAND GENERAL CONDITIONS worker or workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the work, such worker or workers shall be discharged from the work and shall not again be employed on the work without the ENGINEER's written consent. 4.12 EQUIPMENT, MATERIALS, CONSTRUCTION PLANT AND BUILDINGS. The CONTRACTOR shall provide all labor,tools, equipment,machinery and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,machinery, equipment,tools, apparatus, accessories, facilities, all means of construction and any and all parts of the work,whether the CONTRACTOR has been paid,partially paid or not paid for such work, until the entire work is completed and accepted. The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER 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 in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.14 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris caused by the work, and at the completion of the work,he shall remove all such debris and also his tools, scaffolding and surplus materials and shall leave the work broom-clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris and charge the cost to the CONTRACTOR. (1°'\ 4/00 00700-12 Cilb CITY OF PEARLAND GENERAL CONDITIONS 4.15 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed. 4.16 RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT. If at any time the methods or equipment used by the CONTRACTOR are found to be inadequate to secure rate of progress required under this Contract, the OWNER or the ENGINEER as the OWNER's representative may order the CONTRACTOR in writing to improve their efficiency, and the CONTRACTOR shall comply with such order. If at any time the working force of the CONTRACTOR is inadequate for securing the progress herein specified, the CONTRACTOR shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 4.17 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER. 4.18 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, Cis\ six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2)corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged such deviations in writing,nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the Plans and Specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume 4/00 00700-13 CITY OFPEARLAND GENERAL CONDITIONS (111‘\ any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability, as set out in the contract documents. 4.19 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, supervisors or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors, or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers or observers so appointed,when such directions and instructions are consistent with the obligations of this Agreement and accompanying Plans and Specifications, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer or observer, the CONTRACTOR may,within six (6) days, make written appeal to the ENGINEER for his decision. 4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe and test the work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the work will be ready for such observation. The OWNER or the ENGINEER may reject any work found to be defective or not in accordance with the contract documents,regardless of the stage of its completion or the time or place of discovery of such errors, and regardless of whether the ENGINEER has previously accepted the work through oversight or otherwise. If any work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER,be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such work or require testing of said work,then in such event,the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing, or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. (114..\ 4/00 00700-14 CITY OF PEARLAND GENERAL CONDITIONS C6N, If any work which is required to be inspected, tested or approved is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER,be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests, and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any work which fails to meet the requirements of such tests, inspections, or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the CONTRACTOR's expense. Neither observations by the OWNER or by the ENGINEER,nor inspections, tests, or approvals made by the OWNER, the ENGINEER, or other persons authorized under this Agreement to make such inspections, tests, or approvals, shall relieve the CONTRACTOR from his obligation to perform the work in accordance with the requirements of the contract documents. 4.21 DEFECTS AND THEIR 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 in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this Contract. It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 4.22 LIABILITY FOR PROPER PERFORMANCE. Eng ineering 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 being to define with particularity the agreement of the parties as to work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design,construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation,the adequacy of all temporary supports, shoring,bracing, scaffolding,machinery or equipment, safety precautions or devices, similar items, or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage, or injury incident thereto, either to person or property,whether such damage be suffered by the ENGINEER, the OWNER, or any other person not a party to this Contract. Any review of work in progress or any visit or observation during construction, or any clarification of Plans and Specifications by the ENGINEER or the OWNER, or any agent, employee or representative of either of them,whether through personal observation on the project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods,is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature 4/00 00700-15 CITY OF PEARLAND GENERAL CONDITIONS ($b""') of work completed or being performed, as measured against the drawings and specifications which are part of the Contract, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his work on the project, including,without 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 building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the"Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways,ladders, bridges, gangplanks, and other safety devices. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported to the ENGINEER immediately. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR,in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under this paragraph as the work progresses,are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.24 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining 4/00 00700-16 CITY OF PEARLAND GENERAL CONDITIONS (i."' property. THE CONTRACTOR AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT. 4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN,AND FURNISHERS OF MACHINERY, EQUIPMENT AND 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 in 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. 4/00 00700-17 CITY OF PEARLAND GENERAL CONDITIONS 4.27 INDEMNIFICATION. The CONTRACTOR shall be solely responsible for the safety of himself, his employees, and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS, OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKERS' ASSOCIATION, OR OTHER GROUPS, ASSOCIATIONS, OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR,IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES,DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, WORKING CONDITIONS, OR ANY OTHER COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR,HIS 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, 1 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 primary cause of the injury or damage. \ 4/00 00700-18 CITY OF PEARLAND GENERAL CONDITIONS 4.28 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR arising out of the nature of the work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.29 GUARANTEE. The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER's legal counsel, guaranteeing all the work under the Contract to be free from faulty material in every particular and free from improper workmanship; and against unusual damage from proper and usual use; and agreeing to replace or to re-execute without cost to the OWNER such work as may be found to be improper or imperfect, and to make good all damages caused to other work or material, due to such defective work or due to its required replacement or re-execution. This guarantee shall be made to cover a period of one year from the date of acceptance of work under the Contract, as evidenced by the OWNER's Certificate of Acceptance, of the work. Neither the Certificate of Acceptance, final payment,nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty material or workmanship during the period covered by the guarantee. The one year period of any guarantee clauses will not limit the OWNER's other rights under common law to have defects remedied when discovered after one year. 5. PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction;provided,however,that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract,the Plans and Specifications, and within the time of completion designated in the Proposal;provided, also,that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4/00 00700-19 CITY OF PEARLAND GENERAL CONDITIONS (asb ) 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth and that he shall not be entitled to,nor will he request, an extension of time on this Contract, except when completion of the work has been delayed by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the OWNER,by changes ordered in the work,by 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 written recommendation, to the OWNER for consideration, and the OWNER shall grant an extension of time for completing the work, sufficient to compensate for the delay. 5.03 HINDRANCES AND DELAYS. In executing the Contract Agreement, the CONTRACTOR agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No claim shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract, except where the work is stopped by order of the OWNER, or the ENGINEER as the OWNER's representative for the OWNER's convenience, in which event such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5.04 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence said work on the date specified and will complete said work within the time specified in the Proposal. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the work or any portion thereof shall remain uncompleted after the expiration of the time limit set in the Contract or as extended by the OWNER, the CONTRACTOR shall pay, as minimum liquidated damages, and not as a penalty,the amount set out in the Proposal. However,the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER will sustain in any event by reason of the CONTRACTOR's failure to complete the work within the 4/00 00700-20 (�' CITY OF PEARLAND GENERAL CONDITIONS `4- specified time. Should the OWNER suffer damage over and above the minimum amount specified, by reason of the CONTRACTOR's failure to begin the work when ordered, carry it forward uninterruptedly after beginning, or complete it within the specified time in strict accordance with the Plans and Specifications, the OWNER may recover such additional amount. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 6. MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. It is agreed that it is the intent of this Contract that all work described in the Proposal, the Plans and Specifications and other contract documents, is to be done for the prices quoted by the CONTRACTOR and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by the ENGINEER. If the CONTRACTOR finds any discrepancies or omissions in these Plans, Specifications or contract documents,he should notify the ENGINEER and obtain a clarification before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids,then it shall be considered that the CONTRACTOR fully understands the work to be included and has provided sufficient sums in his Proposal to complete the work in accordance with these Plans and Specifications. It is further understood that any request for clarification must be submitted no later than five(5) days prior to the opening of bids. 6.02 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 various 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 4/00 00700-21 CITY OF PEARLAND GENERAL CONDITIONS found between the quantities of work actually done and the material actually furnished under this Contract and the estimated quantities contemplated and contained in the Proposal. 6.04 PRICE OF WORK. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all work by the CONTRACTOR, and upon the completion of all work and the delivery of all materials embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Proposal attached hereto, which is made a part of this Contract, for the material actually used and services actually performed;however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid work, and for all expenses incurred by him, and for full performance of the work and the whole thereof in the manner and according to this Agreement, the attached Plans and Specifications and contract documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate or payment be considered as acceptance of defective work. CONTRACTOR shall, at any time requested during the progress of the work, furnish the OWNER or the ENGINEER with a verifying certificate showing the CONTRACTOR's total outstanding indebtedness in connection with the work. Before final payment is made,the CONTRACTOR shall satisfy the OWNER,by affidavit or otherwise,that there are no outstanding liens against OWNER'S premises by reason of any work under the Contract. Acceptance by CONTRACTOR of final payment of the contract price shall constitute a waiver of claims against OWNER which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or modification, an application for partial payment,being a statement showing as completely as practicable, the total value of the work done by the CONTRACTOR up to and including the twenty-fifth(25th) day of the preceding month; said statement shall also include the value of all sound materials to be fabricated into the work and stored in accordance with manufacturer's recommendation at the Contractor's fully secured and insured designated area. No payment will be made for materials stored until Owner has accepted the Contractor's designated area and proof of insurance for materials stored has been provided. The ENGINEER shall then review such statement and application for partial payment and the progress of the work made by the CONTRACTOR and, if found to be in order, shall prepare a certificate for partial payment and shall deliver his certifications for payment to the OWNER and the CONTRACTOR. The CONTRACTOR shall then,prior to payment by the OWNER, certify and attest to the certification that he is in accord with the certification and agrees to accept the amounts set out therein and the total set out therein for the work and for the prices contained in the certification. If the 4/00 00700-22 CITY OF PEARLAND GENERAL CONDITIONS 7\1 CONTRACTOR does not agree or desires to protest the ENGINEER's certification,the same shall not be certified by the ENGINEER to the OWNER for payment until such dispute has been resolved, and the CONTRACTOR agrees that any claim by the CONTRACTOR for additional compensation, of any nature whatsoever,not contained in the ENGINEER's certification, shall be waived, and further contracts and agrees, upon acceptance of the CONTRACTOR's payment,that this shall constitute full and final payment for work performed by the CONTRACTOR contained in the CON I RACTOR'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,up to and including the first ($ .00) dollars and five percent(5%) on the amount thereafter. Such retainage shall be retained until final payment , and further less all previous payments and all further sums that maybe retained by the OWNER under the terms of this Agreement. It is understood, however,that in case the whole work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER's option,may be relieved of the obligation to fully complete the work, and thereupon,the CONTRACTOR shall receive, at the OWNER's option,payment of the balance due him under the Contract, subject only to the conditions set forth under"6.09 FINAL PAYMENT." The Owner at its option and in compliance with state law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work,notwithstanding that the time for completing the entire work or such portions may not have expired;but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work,the CONTRACTOR shall be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. The CONTRACTOR shall notify the ENGINEER,by letter executed by a duly qualified officer of CONTRACTOR,that in CONTRACTOR's opinion,the Contract is"substantially completed". When so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER, in writing, a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR's list of unfinished work and will add thereto such items as the CONTRACTOR failed to include. The substantial completion of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken,whether of a minor or major nature, and thereby completing the structure or facility in accordance with the contract documents. 4/00 00700-23 CITY OF PEARLAND GENERAL CONDITIONS 6.08 FINAL COMPLETION AND ACCEPTANCE. Within ten(10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed or substantially completed, the ENGINEER and the OWNER shall inspect the work; and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion. Thereupon, it shall be the duty of the OWNER, within ten (10) days, to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non-acceptance. 6.09 FINAL PAYMENT. Upon the issuance of the CERTIFICATE of Completion and OWNER's Certificate of Acceptance,the ENGINEER shall proceed to make final measurements and prepare a final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall present the same to the CONTRACTOR for acceptance. The CONTRACTOR, if he finds such statement to be in order, including all work upon which a claim for payment may be made, shall note his acceptance thereon; and by accepting the same, the CONTRACTOR agrees to release any and all claims of any nature whatsoever against the OWNER or the ENGINEER, growing out of or by reason of the performance of the Contract, the construction of the work, for Extra Work, or for any other reason whatsoever, either growing out of the Contract and the documents attached thereto or otherwise. In addition, the CONTRACTOR shall execute a full and final release in a form provided by the OWNER, a copy of which,titled"Attachment No. 2 to General Conditions,"is attached to these contract documents and made a part hereof, which shall � be presented to the OWNER with the ENGINEER's final statement and any Change Orders or additions or deletions therefrom, duly attested by the CONTRACTOR,requesting payment. The OWNER shall pay to the CONTRACTOR, on or after the(thirtieth) 30th day and before the (thirty-fifth) 35th day after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of the Agreement,provided the CONTRACTOR has duly executed and returned all documents requiring execution or approval as herein provided, or as may be provided by the OWNER, and that he has fully performed his contractual obligations under the terms of this Contract. Neither the Certificate of Acceptance nor the final payment nor any provision in the contract documents shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which maybe required by law or by the contract documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials deemed unsuitable by the ENGINEER on account of failure to conform to the Contract,whether actually incorporated in the work or not, and CONTRACTOR shall, at his own expense,promptly replace such unsuitable materials with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER,the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 4/00 00700-24 CITY OF PEARLAND GENERAL CONDITIONS 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final payment nor certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The OWNER or the ENGINEER shall give notice of observed defects with reasonable promptness. 6.12 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence,withhold or nullify the whole or part of any certificate or withhold partial or full payment to such extent as maybe 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 material 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 in any partial or final statement,when payment is due, after the same has been recommended for payment by both the ENGINEER and the CONTRACTOR, and the CONTRACTOR has met all other conditions stipulated herein or in the contract documents entitling the CONTRACTOR to payment,then the OWNER shall pay to the CONTRACTOR, in addition to 4/00 00700-25 CITY OF PEARLAND GENERAL CONDITIONS the sum shown as due by such statement,interest thereon at the rate of six percent (6%)per annum from date due, as provided under"6.06 PARTIAL PAYMENTS"and"6.09 FINAL PAYMENT," until fully paid,which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment; but the right is expressly reserved to the CONTRACTOR, in the event payments be not promptly made as provided under"6.06 PARTIAL PAYMENTS,"to at any time thereafter treat the Contract as abandoned by the OWNER and to recover compensation as provided under "8. ABANDONMENT OF CONTRACT,"unless such payments are withheld in accordance with the provisions of"6.12 PAYMENTS WITHHELD." 7. EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract 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, in writing, to proceed with the work as set forth in the Change Order, and the CONTRACTOR may make a claim against the OWNER for Extra Work involved therein. However, the CONTRACTOR shall only be entitled to payment upon the execution of the final certification and release in a form as provided for herein, and CONTRACTOR shall approve such certification before the OWNER shall be obligated 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 in the contract price. Any request by the CONTRACTOR for a change in contract price shall be made prior to beginning the work covered by the proposed change. 7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINEER when presented with a written work order signed by the ENGINEER, subject,however,to the right of the CONTRACTOR to require written confirmation of such Extra Work order by the OWNER. It is agreed that the basis of compensation to the Cam's 4/00 00700-26 CITY OF PEARLAND GENERAL CONDITIONS `�- CONTRACTOR for work either added or deleted by a Change Order, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method(A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B)be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost"of the work,plus fifteen percent(15%). In the event said Extra Work is performed and paid for under Method(C),then the provisions of this paragraph shall apply and the "actual field cost"is hereby defined to include the cost to the CONTRACTOR of all workers, such as foremen,timekeepers,mechanics and laborers, and 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 prices for the use of machinery and equipment shall be incorporated in the written Extra Work Order. The fifteen percent(15%) of the"actual field cost"to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the"actual field cost"as herein defined, save that where the CONTRACTOR's camp or field office must be maintained primarily on account of such Extra Work,then the cost to maintain and operate the same shall be included in the"actual field cost." 4/00 00700-27 CITY OF PEARLAND GENERAL CONDITIONS 7 No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order 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 right to submit his claim directly to the OWNER by proper certification and attestation,on forms provided by the OWNER. If the OWNER shall fail to pay or guarantee to pay said amount claimed within thirty(30) days of the date of submission,the CONTRACTOR shall have the right to file suit in the applicable District Court, for declaratory judgment or other relief, to determine his rights to such claim, and if he shall fail to file suit within sixty(60) days after the date of presentment to the OWNER, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all claims held by the CONTRACTOR shall be deemed forfeited and forever barred if the CONTRACTOR shall accept fmal payment without having first filed suit in the District Court. 7.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in 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. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision,the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten(10) days after the date of the delivery to the CONTRACTOR of the ENGINEER's fmal decision. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative,the CONTRACTOR shall have sixty(60) days after the date of the delivery to the CONTRACTOR of the ENGINEER's final decision,to appeal the same to the applicable District Court,by filing suit for declaratory judgment or other appropriate relief. In the event the CONTRACTOR shall fail, for any reason, to file suit, and shall accept final payment for all work completed,the OWNER shall be released of any and all liability, and the action by the CONTRACTOR in accepting final payment shall constitute a final bar and satisfaction of all claims held by the CONTRACTOR against the OWNER. 8. ABANDONMENT OF CONTRACT 8.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten(10) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the contract documents, then and in that case, (""*" 4/00 00700-28 CITY OF PEARLAND GENERAL CONDITIONS where Performance and Payment Bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, or supplies then on the job, but the same, together with any materials and equipment under contract for the work,may be held for use on the work by the OWNER or the surety on the 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, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR,then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR,then the CONTRACTOR and/or his surety shall pay the amount of such excess to the OWNER; or (b) The OWNER,under sealed bids,under the times and procedures provided for by law, may let the contract for completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the new contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract,the CONTRACTOR and/or his surety shall be credited therewith. When the work shall have been substantially completed, the CONTRACTOR and his surety shall be so notified and Certificates of Completion and Acceptance, as hereinabove provided, shall be issued. A complete itemized statement of the contract accounts, certified by the ENGINEER as being 4/00 00700-29 CITY OF PEARLAND GENERAL CONDITIONS correct, shall then be prepared and delivered to the CONTRACTOR and his surety,whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement,within fifteen (15) days after the date of such Certificate of Completion. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR as accurate, and upon payment of the sum stated therein,the OWNER shall be entitled to full and final release of any claims or demands by the CONTRACTOR. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment,tools or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract,provided, however,that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen(15) days from the date of such notice,the OWNER may sell such property, equipment, tools,materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools,materials or supplies,which remain on the work, and belong to persons other than the CONTRACTOR or his surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his surety. 8.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this Contract(a disputed or unilateral claim by the Contractor cannot by itself constitute "abandonment") and should fail or refuse to comply with said terms within ten(10)days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery,tools and equipment, and all materials on the site of the work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon,the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR,which estimate shall include the value of all work actually completed by said CONTRACTOR(at the prices stated in the attached Proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments 4/00 00700-30 CITY OF PEARLAND GENERAL CONDITIONS (lb\ by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the CONTRACTOR for the CONTRACTOR's approval; and upon the CONTRACTOR's approving the same as being true, correct and accurate, and upon payment of said sum, the CONTRACTOR shall release the OWNER of any and all liability growing out of or by reason of said Contract, and then the same shall be presented to the OWNER,who shall pay to the CONTRACTOR, on or before thirty(30) days after the date of notification by the CONTRACTOR of the balance shown by said final statement as due the CONTRACTOR under the terms of this Agreement. 9. ARBITRATION 9.01 Any party to this Contract,upon the written agreement and acquiescence of all other parties,may submit any question or dispute under the terms and provisions of the contract documents, to arbitration under such procedure and agreements as the parties shall make in writing prior to arbitration. The results of arbitration shall be binding and shall constitute an amendment to the contract documents when accepted in writing by the parties to the Contract. 4/00 00700-31 CITY OF PEARLAND GENERAL CONDITIONS ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in 406.096) -includes persons or entities performing or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation, providing,hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: • CebN (1) a certificate of coverage,prior to that person beginning work on the project, so the 4/00 00700-Al CITY OF PEARLAND GENERAL CONDITIONS governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven(7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10) days after the contractor knew or should have known, of any changes that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by Workers' Compensation Insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project,regardless of the identify of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at(512)440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage." I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage,based on proper reporting of classification codes and payroll amounts and ("`‘ filing of any coverage agreements,which meets the statutory requirements of Texas Labor 4/00 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage,prior to the other person beginning work on the project; and b. a new certificate of coverage shown extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for 7%, one(1) year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery,within ten(10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1)through(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the CONTRACTOR is representing to the governmental entity that all employees of the CONTRACTOR who will provide services on the project will be covered by Workers' Compensation coverage for the duration of the project,that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contractor void if the 4/00 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS ("Ik‘ contractor does not remedy the breach within ten(10) days after receipt of notice of breach from the governmental entity. (1"‘'l 4/00 00700-A4 CITY OF PEARLAND GENERAL CONDITIONS ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In order to insure that the rights, obligations, and responsibilities of all parties to the original contract document are fully protected, which contract document was signed and executed on the day of ,20 by referred to therein as CONTRACTOR and hereinafter referred to as CONTRACTOR, and , hereinafter referred to as OWNER, on the day of , 20 , and further in consideration for the final payment of all sums due and claimed by the CONTRACTOR against OWNER, the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship,jointly by all partners if a partnership, or if a (114.' corporation, byaction of thepresident and secretaryof said corporation, as dulyauthorized IP � IP � by appropriate action of the stockholders and/or board of directors of said corporation,their signatures hereon constituting a representation under oath by said individuals that they have the power and authority to execute this Agreement for and on behalf of the said corporation: 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 cook\ under and by virtue of the payment estimates previously submitted to the ENGINEER for approval, 4/00 00700-B 1 CITY OF PEARLAND Ca11'4\ GENERAL CONDITIONS or any other sums of money of any nature whatsoever for materials furnished and used in the job or for work done, and hereby releases and discharges OWNER from any 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 cow\ that upon the receipt of final payment in the amount as set out on the Final Payment Estimate and Change Order,the CONTRACTOR,by execution of this instrument of release, does,therefore, release and forever discharge OWNER of and from all manner of debts, demands, obligations, suits, liabilities and causes of action of any nature whatsoever under and by virtue of the terms and provisions of the Contract hereinbefore referred to, and any change or modification thereof, or in any manner growing out of or arising from or by virtue of the work, labor and services performed by the CONTRACTOR. III. CONTRACTOR, in addition to the provisions set out in the contract document, agrees to indemnify and hold OWNER harmless from any and all causes of action, claims, demands or suits made by any person or other entity against OWNER,by reason of the work performed by such 4/00 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS Csib CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR's sole expense and obligation,whenever such actions maybe brought, and further to pay all costs incurred by OWNER in the defense thereof, including administrative costs and attorney's fees, and further to pay any judgments or settlements which may be entered into or agreed to against or for the benefit of OWNER. It is,however, specifically agreed that OWNER shall not enter into any settlement agreements without the acquiescence and agreement of the CONTRACTOR. IV. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in Cri`\, connection therewith. V. It is further specifically understood and agreed that this Agreement for Final Payment and CONTRACTOR's Sworn Release shall constitute a part of the original Contract of the parties heretofore previously referred to, and it is also specifically understood and agreed that this Agreement shall not act as a modification,waiver or renunciation by OWNER of any of its rights or remedies as set out in the contract itself,but this Agreement for Final Payment and CONTRACTOR's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 4/00 00700-B3 Cab' CITY OF PEARLAND GENERAL CONDITIONS VI. This Agreement for Final Payment and CONTRACTOR's Sworn Release shall be considered to be continuing and binding upon the parties hereto and shall not terminate upon receipt and acceptance by the CONTRACTOR of final payment, but shall be deemed continuing so long as any actions, claims or other demands contemplated herein against OWNER, may lawfully be brought under applicable statutes of limitations, and shall in addition be deemed to be continuing for such additional period of time as shall be necessary to compensate and repay to OWNER, all costs or damages incurred by it by reason of such claims. C C 4/00 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS SIGNED and EXECUTED this, the day of 20 CONTRACTOR Signature Print Name: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of , 20 , by , a Texas corporation,under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR By: President ATTEST: Corporate Secretary (Corporate Seal) 4/00 00700-B5 CITY OF PEARLAND GENERAL CONDITIONS (1111.\' [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature 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 CI"\ 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 WAGE SCALE FOR CITY OF PEARLAND ENGINEERING CONSTRUCTION [This form is for use in the event CONTRACTOR is a corporation.] AFFIDAVIT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, whose names are set out above,who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the (111"\' offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 4/00 00700-B7 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence SECTION 00800 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS PART I-AMENDMENTS TO GENERAL CONDITIONS Article Title Page No. 1 Definitions and Interpretations 1 1.13 Contract Times 1 2 Rights and Responsibilities of the Owner 1 2.06 Subsurface and Physical Conditions 1 2.07 Physical Conditions—Underground Facilities 3 2.08 Reference Point 4 2.09 Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material 4 2.10 Related Work at Site 5 2.11 Coordination 6 2.12 Owner May Correct Defective Work 6 3 Rights and Responsibilities of the Engineer 7 (.14\' 3.08 Determination for Unit Prices 7 3.09 Authorized Variations in Work 7 3.10 Clarifications and Interpretations 8 4 Rights and Responsibilities of the Contractor 8 4.05.1 Performance, Payment, and Other Bonds 8 4.05.2 Licensed Sureties and Insurers; Certificates of Insurance 8 4.06.1 Contractor's Liability Insurance 9 4.06.2 Owner's Liability Insurance 10 4.06.3 Property Insurance 10 4.06.4 Waiver of Rights 11 4.06.5 Receipt and Application of Insurance Proceeds 13 4.06.6 Acceptance of Bonds and Insurance; Option to Replace 12 4.06.7 Partial Utilization—Property Insurance 13 4.30 Substitutes and"Or-Equal"Items 13 4.31 Emergencies 15 4.32 Before Starting Construction 15 4.33 Initially Acceptable Schedules 15 4.34 Safety and Protection 16 5 Prosecution and Progress 16 5.05 Commencement of Contract Times,Notice to Proceed 17 5.06 Change of Contract Times 17 5.06.1 Claim for Adjustment 17 5.06.2 Time of Essence 17 Project No.052511256.0004 00800—Page i of ii SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence ('.6.1! 5.06.3 Delays Beyond Contractor's Control 17 5.06.4 Delays Beyond Owner's and Contractor's Control 18 6 Measurement and Payment 18 6.14 Contractor's Warranty of Title 18 6.15 Review of Applications for Progress Payment 18 6.16 Substantial Completion 20 6.17 Waiver of Claims 21 7 Extra Work and Claims 21 7.05 Amending and Supplementing Contract Documents 21 7.06 Unit Price Work 21 8 Abandonment of Contract 22 8.04 Owner May Suspend Work 22 8.05 Owner May Terminate 22 Cll.\ (1111In\ Project No.052511256.0004 00800—Page ii of ii SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence (1bn%, 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: Calh\' 2.06 Subsurface and Physical Conditions 2.06.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 2.06.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 2.06.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities)that have been utilized by ENGINEER in preparing the Contract Documents. 2.06.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the"technical data"contained in such reports and drawings,but such reports and drawings are not Contract Documents. Such"technical data"is identified in the Supplementary Conditions. CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER, or any of ENGINEER's Subconsultants with respect to: 2.06.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including,but not limited to, any aspects of the means,methods,techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or Cimh.\ 2.06.2.2. other data,interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or Project No.052511256.0004 00800—Page 1 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 2.06.2.3. any CONTRACTOR interpretation of or conclusion drawn from any"technical data"or any such data, interpretations, opinions, or information. 2.06.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 2.06.3.1. is of such a nature as to establish that any"technical data" on which CONTRACTOR is entitled to rely as provided in Paragraphs 2.06.1 and 2.06.2 is materially inaccurate, or 2.06.3.2. is of such a nature as to require a change in the Contract Documents, or 2.06.3.3. differs materially from that shown or indicated in the Contract Documents, or 2.06.3.4. is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall,promptly after becoming aware(within twenty-four[24] hours)thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by Paragraph 6.15), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. ("NI"' 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: Project No.052511256.0004 00800—Page 2 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 2.06.6.4.1. CONTRACTOR knew or should have known of the existence of such conditions at the time CONTRACTOR submitted a bid or became bound under a contract to OWNER; or 2.06.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test,or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such bid or entering into such contract; 2.06.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by Paragraph 2.1.3. EVEN IF SUCH COSTS,EXPENSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT OR BREACH OF CONTRACT OF OWNER,ENGINEER OR ENGINEER'S SUBCONSULTANTS. If OWNER and CONTRACTOR are unable to agree on entitlement to, or as to the amount or length of, any such adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 7 and 6.06. HOWEVER, OWNER,ENGINEER,AND ENGINEER's SUBCONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY CLAIMS, COSTS,LOSSES, OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT,EVEN IF (116) 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. Project No.052511256.0004 00800—Page 3 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence 2.07.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents or is in a location materially different from that shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith(except in an emergency as required by Paragraph 4.34), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any,to which a change is required in the Contract Documents to reflect and document the consequences of the existence or different location of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 7 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in Paragraph 4.34. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both,to the extent that the Contract Price or Contract Times are directly and materially affected by the existence or different location of any Underground Facility that was not shown or indicated, or was inaccurately shown or indicated in the Contract Documents, and that CONTRACTOR did not know of, and could not reasonably have been expected to be aware of, or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Article 7. HOWEVER, OWNER,ENGINEER,AND ENGINEER's CONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR, OR CONTRACTOR SHALL NOT BE ENTITLED TO AN INCREASE IN THE CONTRACT PRICE OF THE CONTRACT TIMES FOR ANY COSTS,EXPENSES,DAMAGES, OR DELAYS ASSOCIATED WITH ANY SUCH UNDERGROUND FACILITY WHICH CONTRACTOR KNEW OR SHOULD HAVE KNOWN THEREOF,NOR SHALL OWNER,ENGINEER OR ENGINEER's CONSULTANTS BE LIABLE TO CONTRACTOR FOR ANY CLAIMS, COSTS,LOSSES, OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT,EVEN IF SUCH EXPENSES, COSTS, CLAIMS,LOSSES,DAMAGES, OR DELAYS ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT,OR BREACH OF CONTRACT OF OWNER,ENGINEER, OR ENGINEER's SUBCONSULTANTS. 2.08. Reference Points OWNER shall provide engineering surveys to establish reference points for construction which,in ENGINEER's judgment, are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for and pay costs associated with the accurate replacement or relocation of such reference points by professionally qualified personnel. (" ` 2.09. Asbestos,PCBs,Petroleum,Hazardous Waste,or Radioactive Material 2.09.1. OWNER shall be responsible for any Hazardous Waste uncovered or revealed at the site which was not shown or indicated within the PLANS or Specifications or identified in the Contract Project No.052511256.0004 00800—Page 4 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence (112^', Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers, or anyone else for whom CONTRACTOR is responsible. 2.09.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such Hazardous Waste and in any area affected thereby(except in an emergency as required by Paragraph 4.31),and (ii)notify OWNER(and thereafter confirm such notice in writing). CONTRACTOR shall not be required to resume Work in connection with such Hazardous Waste or in any such affected area until. after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or(ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment,if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed,either party may make a claim therefor as provided in Article 7. 2.09.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such Hazardous Waste or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 6 and 7. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Special Conditions Paragraphs 2.10 and 2.11. 2.09.4. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors,ENGINEER,ENGINEER's Consultants,and the officers, directors, employees,agents,other consultants,and subcontractors of each and any of them from and against all claims, costs, losses, and damages arising out of,or resulting from, such Hazardous Waste,provided that: (i)any such claim,cost,loss, or damage is attributable to bodily injury, sickness, disease,or death, or to injury to, or destruction of,tangible property(other than the Work itself), including the loss of use resulting therefrom, and(ii)nothing in this subparagraph 2.4.4 shall obligate OWNER to indemnify or hold harmless any person or entity from and against the consequences of that person's or entity's own negligence, fault, strict liability without regard to fault or breach of contract or warranty. 2.09.5. The provisions of Paragraphs 2.1 and 2.2 are not intended to apply to Asbestos,PCBs, Petroleum,Hazardous Waste, or Radioactive Materials uncovered or revealed at the site. 2.10. Related Work at Site 2.10.1. OWNER may perform other work related to the Project at the site by the OWNER's own forces or let other direct contracts therefor which shall contain GENERAL CONDITIONS similar to these or have other work performed by utility owners. If such other work to be performed was not noted in the Contract Documents,then: (i)written notice thereof will be given to CONTRACTOR prior to starting any such other work; and(ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve Project No.052511256.0004 00800—Page 5 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence additional expense to CONTRACTOR or require additional time and the parties are unable to agree as to the amount or extent thereof 2.10.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract with OWNER and each utility owner(and OWNER, if OWNER is performing the additional work with OWNER's employees)proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with that of such other CONTRACTORS. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating,or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER and the others whose work will be affected. The duties and responsibilities of the CONTRACTOR under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the CONTRACTOR in said direct contracts between the OWNER and such utility owners and other contractors. 2.10.3. If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under paragraphs 7.5 and 7.6, CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results and performance of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. 2.11. Coordination 2.11.1. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 2.11.1.1. the person, firm, or corporation who will have the authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2.11.1.2. the specific matters to be covered by such authority and responsibility will be itemized; and 2.11.1.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. 2.12. OWNER May Correct Defective Work Prior to final acceptance, if CONTRACTOR fails,within a reasonable time after written notice from ENGINEER to correct Defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with Paragraph 6.10 or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven(7) days' written notice to Project No.052511256.0004 00800—Page 6 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this Paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site,take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,take possession of CONTRACTOR's tools, appliances, construction equipment, and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this Paragraph. All claims, costs, losses, and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. OWNER shall be entitled to an appropriate decrease in the Contract Price, and,if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 7. Such claims, cost, losses, and damages will include,but not be limited to,all costs of repair or replacement of work of others destroyed or damaged by correction,removal, or replacement of CONTRACTOR's Defective Work, EVEN IF SUCH CLAIMS, COSTS, LOSSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT BREACH OF CONTRACT, OR BREACH OF WARRANTY OF OTHERS, INCLUDING OWNER, OWNER's REPRESENTATIVES, AGENTS OWNER's OTHER CONTRACTORS,AND, TO THE EXTENT ALLOWED BY LAW,ENGINEER OR ENGINEER's CONSULTANTS. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones)because of any delay in the performance of the ( \ Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 3 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER SC-3 Add the following paragraphs: 3.08. Determinations for Unit Prices ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon(by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be fmal 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. t iNik Project No.052511256.0004 00800—Page 7 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence 3.09. Authorized Variations in Work The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof; OWNER or CONTRACTOR may make a written claim therefor as provided in Article 7. 3.10. Clarifications and Interpretations ENGINEER will issue,with reasonable promptness, such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary,which shall be consistent with the intent of, and reasonably inferable from, the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof; if any,OWNER or CONTRACTOR may make a written claim therefor as provided in Article 7. ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR Cw1, 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. Project No.052511256.0004 00800—Page 8 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—("1'N. 4.05.2. Licensed Sureties and Insurers; Certificates of Insurance 4.05.2.1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in the State of Texas to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 4.05.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions,Certificates of Insurance(and other evidence of insurance requested by OWNER or any other additional insured)which the CONTRACTOR is required to purchase and maintain in accordance with Paragraph 4.06.1. Each certificate issued will contain waiver provisions in accordance with paragraph 4.06.4. OWNER shall deliver to CONTRACTOR,with copies to each additional insured identified in the Supplementary Conditions,Certificates of Insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured)which OWNER is required to purchase and maintain in accordance with Paragraph 4.06.3 hereof. 4.06.1. CONTRACTOR's Liability Insurance CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of, or result from, CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 4.06.1.1. claims under Workers' Compensation,disability benefits,and other similar employee benefit acts; 4.06.1.2. claims for damages because of bodily injury, occupational sickness or disease,or death of CONTRACTOR's employees; 4.06.1.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4.06.1.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i)by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR,or(ii)by any other person for any other reason; 4.06.1.5. claims for damages, other than to the Work itself,because of injury to, or destruction of,tangible property wherever located, including loss of use resulting therefrom; and 4.06.1.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance, or use of any motor vehicle. Project No.052511256.0004 00800—Page 9 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence calk\ 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; 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: Project No.052511256.0004 00800—Page 10 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence } 4.06.3.1.1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Subconsultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 4.06.3.1.2.be written on a Builder's Risk"All-Risk"or Open Peril or Special Causes of Loss policy form that shall at least include insurance for physical loss or damage to the Work,temporary building, falsework,and Work in transit and shall insure against at least the following perils: fire,lightning,extended coverage,theft,vandalism and malicious mischief,earthquake,collapse,debris removal,demolition occasioned by enforcement of Laws and Regulations,water damage,and such other perils as may be specifically required by the Supplementary Conditions; 4.06.3.1.3. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects); 4.06.3.1.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work,provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 4.06.3.1.5.be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with thirty(30)days' written notice to each other additional insured to whom a Certificate of Insurance has been issued. 4.06.3.2. OWNER shall purchase and maintain such Boiler and Machinery Insurance or additional property insurance as may be required by the Supplementary conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors,ENGINEER,ENGINEER's Consultants,and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 4.06.3.3. All the policies of insurance(and the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with Paragraphs 4.06.3.1 and 4.06.3.2 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty(30) days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a Certificate of Insurance has been issued and will contain waiver provisions in accordance with Paragraph 4.06.4. 4.06.3.4. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractor, or others suffering any such loss, and if any of them wishes property Project No.052511256.0004 00800—Page 11 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 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, (1".' 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 making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 4.06.4.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER,ENGINEER's Subconsultants, and the officers, directors,employees, and agents of any of them, for: 4.06.4.2.1. loss due to interruption; loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by,arising out of, or resulting from, fire or other peril, whether or not insured by OWNER; and 4.06.4.2.2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from, fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to Paragraph 6.07,after substantial completion pursuant to Paragraph 6.16, or after final payment pursuant to Paragraph 6.11. Any insurance policy maintained by OWNER covering any loss, damage, or consequential loss referred to in this Paragraph 4.06.4.2 shall contain provisions to the effect that in the event of payment of any such loss, damage,or consequential loss,the insurers will have no Project No.052511256.0004 00800—Page 12 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence rights of recovery against any of CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, employees and agents of any of them. 4.06.5. Receipt and Application of Insurance Proceeds 4.06.5.1. Any insured loss under the policies of insurance required by Paragraph 4.06.3 will be adjusted with OWNER and made payable to OWNER subject to the requirements of any applicable mortgage clause and of Paragraph 4.06.5.2. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced,the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 4.06.5.2. OWNER shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen(15) days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER shall give a bond for the proper performance of such duties. 4.06.6. Acceptance of Bonds and Insurance; Option to Replace If either party(OWNER or CONTRACTOR)has any objection to the coverage afforded by or provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Paragraph 4.06 on the basis of nonconformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten(10) days after receipt of the certificates(or other evidence requested). OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work,or of such failure to maintain prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 4.06.7. Partial Utilization—Property Insurance If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Paragraph 6.07 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice hereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies,but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. Project No.052511256.0004 00800—Page 13 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 4.30. Substitutes and "Or-Equal"Items 4.30.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or-equal" item, or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 4.30.1.1. "Or-Equal": If, in ENGINEER's sole discretion, an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required,it may be considered by ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 4.30.1.2. Substitute Items: If, in ENGINEER's sole discretion, an item of material or equipment proposed by CONTRACTOR does not qualify as an"or-equal" item under subparagraph 4.30.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is Cgmh appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design and be similar in substance to that specified. The application will state the extent, if any,to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project)to adapt the design to the proposed substitute, and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance and repair and replacement service will be indicated. The application also will contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 4.30.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed"or-equal"or substitute item will be at CONTRACTOR's expense. 4.30.2. Substitute Construction Methods or Procedures: If a specific means,method,technique, sequence,or procedure of construction is shown or indicated in, and expressly required by,the Project No.052511256.0004 00800—Page 14 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence Csb.\ 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, CON TRACTOR 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 Cas 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. CON TRACTOR 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. 4.32. Before Starting Construction 4.32.1. Within ten(10)days after the Effective Date of the Agreement and before any work at the site is started(unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 4.32.1.1. a preliminary progress schedule indicating the times(numbers of days or dates)for starting and completing the various stages of the Work,including any Milestones specified in the Contract Documents; 4.32.1.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting,reviewing, and processing such submittal as further described in detail in Specification Section 01300 Submittals. 4.32.1.3. a preliminary schedule of values for all of the Work which will include quantities (wilk\ and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during Project No.052511256.0004 00800—Page 15 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 4.32.2. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other,with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Paragraphs 4.05 and 4.06. 4.33. Initially Acceptable Schedules Unless otherwise provided in the Contract Documents,at least ten(10)days before submission of the first Application for Payment, a conference attended by CONTRACTOR,ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with Paragraph 4.32.1. CONTRACTOR shall have an additional ten(10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule shall provide for an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Any acceptance of the progress schedule by ENGINEER will neither impose on ENGINEER responsibility for the sequencing, scheduling, or progress of the Work,nor interfere with,nor relieve CONTRACTOR from, CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions shall provide for a workable arrangement for reviewing Cbi\ and processing the required submittals. CONTRACTOR's schedule of values shall be acceptable to ENGINEER as to form and substance. 4.34. Safety and Protection 4.34.1. CONTRACTOR shall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 4.34.1.1. all persons on the Work site or who may be affected by the Work; 4.34.1.2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the site;and 4.34.1.3. other property at the site or adjacent thereto, including trees, shrubs,lawns,walks, pavements,roadways, structures,utilities and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. 4.34.2. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage,injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation, and replacement of their property. All damage, injury or loss to any property referred to in Paragraph 4.34.1.2 or 4.34.1.3 caused,directly, or indirectly, in whole or in Project No.052511256.0004 00800—Page 16 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence Cll.\ 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: 7', 5.05. Commencement of Contract Times,Notice to Proceed The Contract Times will automatically commence to run on the thirtieth(30th)day after the Effective Date of the Agreement, or,if a Notice to Proceed is given, on the day indicated in the Notice to Proceed,which date shall not,without the agreement of the CONTRACTOR,be later than the earlier of ninety(90)days after the day of BID opening or thirty(30)days after the effective date of the Agreement. A Notice to Proceed may be given at any time within thirty(30)days after the Effective Date of the Agreement. Unless otherwise agreed to by the parties in writing,the Contract Times shall not commence to run later than the ninetieth day after the day of BID opening or the thirtieth(30th)day after the Effective Date of the Agreement,whichever date is earlier. 5.06 Change of Contract Times 5.06.1 Claim for Adjustment The Contract Times(or Milestones)may only be changed by a Change Order. Any claim for an adjustment of the Contract Times(or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly(but in no event later than thirty[30] days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim,with supporting data, shall be delivered within sixty(60)days after such occurrence(unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim)and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER, in accordance with Paragraph 3.05,if OWNER and CONTRACTOR cannot otherwise agree. No claim for an Project No.052511256.0004 00800—Page 17 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence Cab\ adjustment in the Contract Times(or Milestones)will be valid if not submitted in accordance with the requirements of this Paragraph 5.06.1. CONTRACTOR must submit, as a minimum,the following supporting data: 5.06.1.1. Information showing that time requested is not included in the existing Contract and is an addition to the Contract. 5.06.1.2. Information documenting that the number of days requested is accurate for the event. 5.06.1.3. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.06.2. Time of the Essence All time limits stated in the Contract Documents are of the essence of the Agreement. 5.06.3. Delays Beyond CONTRACTOR's Control Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones)will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in Paragraph 5.06.1. Delays beyond the control of CONTRACTOR shall include,but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Paragraphs 7.1 and 7.2 of these Supplemental General Conditions,Fires, Floods,Epidemics, or Acts of God. Delays attributable to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. An extension to the Contract Times shall be CONTRACTOR's sole and exclusive remedy for any such delays. 5.06.4. Delays Beyond OWNER's and CONTRACTOR's Control Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones)due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times(or Milestones)in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delay. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR,ANY SUBCONTRACTOR,ANY SUPPLIER, ANY OTHER PERSON OR ORGANIZATION, OR TO ANY SURETY FOR,OR EMPLOYEE OR AGENT OF,ANY OF THEM,FOR DAMAGES ARISING OUT OF, OR RESULTING FROM,(i)DELAYS CAUSED BY, OR WITHIN THE CONTROL OF, CONTRACTOR,OR(ii)DELAYS BEYOND THE CONTROL OF BOTH PARTIES INCLUDING,BUT NOT LIMITED TO,FIRES,FLOODS,EPIDEMICS,ABNORMAL WEATHER CONDITIONS,ACTS OF GOD,OR ACTS OR NEGLECT BY UTILITY OWNERS OR OTHER CONTRACTORS PERFORMING OTHER WORK AS CONTEMPLATED BY PARAGRAPH 2.10. EVEN IF SUCH DELAYS ARE DUE IN PART TO THE NEGLIGENCE, OTHER FAULT,BREACH OF CONTRACT OR WARRANTY, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, OR STRICT LIABILITY WITHOUT REGARD TO FAULT OF OWNER. Project No.052511256.0004 00800—Page 18 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence ARTICLE 6 MEASUREMENT AND PAYMENT SC-6 Add the following paragraphs: 6.14. CONTRACTOR's Warranty of Title CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not,will pass to OWNER no later than the time of payment and free and clear of all Liens. 6.15. Review of Applications for Progress Payment 6.15.1. ENGINEER will,within ten(10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten(10)days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation,the amount recommended by ENGINEER, less amounts withheld by OWNER pursuant to Paragraph 6.15.4,will become due and when due will be paid by OWNER to CONTRACTOR. 6.15.2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 6.15.2.1. the Work has progressed to the point indicated, 6.15.2.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion,to the results of any subsequent tests called for in the Contract Documents,to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.8, and to any other qualifications stated in the recommendation), and 6.15.2.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However,by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to 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 Project No.052511256.0004 00800—Page 19 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents or that ENGINEER is representing that CONTRACTOR has complied with Laws and Regulations or performed or furnished the work in accordance with the Contract Documents. 6.15.4. ENGINEER may refuse to recommend the whole or any part of payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in Paragraph 6.05. ENGINEER may also refuse to recommend any such payment, or,because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 6.15.4.1. the Work is Defective, or completed Work has been damaged requiring correction or replacement, 6.15.4.2. the Contract price has been reduced by Written Amendment or Change Order, 6.15.4.3. OWNER has been required to correct Defective Work or complete Work in accordance with Paragraph 2.70, or 6.15.4.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 8.04 through 8.05 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 6.15.4.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work. 6.15.4.6. Notices of intent to file liens have been sent to OWNER or Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 6.15.4.7. there are other items entitling OWNER to a set-off against the amount recommended, or 6.15.4.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 6.15.4.1 through 6.15.4.3 or Paragraphs 8.04.1.1 through 8.04.1.4 inclusive; but OWNER must give CONTRACTOR immediate written notice(with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld,or any 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 Project No.052511256.0004 00800—Page 20 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence C71 substantially complete(except for items specifically listed by CONTRACTOR as incomplete)and shall request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete,ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete,ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections,ENGINEER concludes that the Work is not substantially complete,ENGINEER will,within fourteen(14)days after submission of the tentative certificate to OWNER,notify CONTRACTOR in writing, stating the reasons ENGINEER believes the work is not substantially complete. If, after consideration of OWNER's objections,ENGINEER considers the Work substantially complete,ENGINEER will, within said fourteen(14)days, execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion(with a revised tentative list of items to be completed or corrected),reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety,maintenance,heat,utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 6.16.2. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list used until final acceptance. CONTRACTOR shall complete or correct such items in a diligent and expeditious manner. 6.17. Waiver of Claims The making and acceptance of final payment will constitute: 6.17.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from Defective Work appearing after final inspection pursuant to Paragraph 6.08, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,or from CONTRACTOR's continuing obligations under the Contract Documents;and 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: Project No.052511256.0004 00800—Page 21 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence (1.11/4 7.05. Amending and Supplementing Contract Documents 7.05.1. The Contract Documents may be amended to provide for additions, deletions,and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 7.05.1.1. a formal written Amendment, 7.05.1.2. a Change Order(pursuant to Paragraph 7.01), or 7.05.1.3. a Work Change Directive. 7.05.2. In addition,the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 7.05.2.1. a Field Order(pursuant to Paragraph 3.09), 7.05.2.2. ENGINEER's written interpretation or clarification (pursuant to Paragraph 3.10). 7.06. Unit Price Work 7.06.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include, for all Unit Price Work,an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 3.1. CONTRACTOR represents that its profits are not based upon the estimated quantities of Unit Price Work and agrees that neither ENGINEER nor OWNER shall be liable to CONTRACTOR if the actual amount of Unit Price Work differs from the estimated quantities of Unit Price Work, even if OWNER or CONTRACTOR was negligent in making such estimates. 7.06.2. Each unit price will be deemed to 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. Project No.052511256.0004 00800—Page 22 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence 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 extent they could be used by CONTRACTOR(without liability to CONTRACTOR for trespass or conversion),incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs,losses, and damages sustained by OWNER arising out of, or resulting from, completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs,losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness,and,when so approved by ENGINEER,incorporated into a Change Order,provided that when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. ("I.\ 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 Project No.052511256.0004 00800—Page 23 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 8.05.3. Upon seven (7) days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case,CONTRACTOR shall be paid(without duplication of any items): 8.05.3.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 8.05.3.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor,materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; 8.05.3.3. For all claims, costs, losses, and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 8.05.3.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, or resulting from, such termination. OWNER SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS ARISING OUT OF,OR RESULTING FROM, SUCH TERMINATION,EVEN IF SUCH LOSS IS DUE TO THE NEGLIGENCE,OTHER FAULT,BREACH OF CONTRACT OR WARRANTY,VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT,OR STRICT LIABILITY WITHOUT REGARD TO FAULT OF OWNER. END OF SECTION Project No.052511256.0004 00800—Page 24 of 24 SUPPLEMENTARY CONDITIONS Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel—Fence Cia6\, 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 (611‘\, Project No.052511256.0004 00811—Page 1 of 3 WAGE SCALE Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence Prevailing Wage Rates for Engineering Construction for Districts Located within Corporate Boundaries or ETJ of City of Pearland and Brazoria County Classification ' E 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 Project No.052511256.0004 00811-Page 2 of 3 WAGE SCALE Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel -Fence Classification 4 i A-t&%g t i W:-ViAVFt;9Q E ,VF 4 p li S E Milling Machine Operator 10.43 Mixer 7.94 Motor Grader(Fine Grade) 11.11 Motor Grader 10.67 Pavement Marking Machine 7.45 Roller Steel Wheel Plant Mix Pavements 9.25 Roller Steel Wheel Other Flat Wheel or Tamping 7.61 Roller Pneumatic Self Propelled 7.96 Scraper 8.69 Tractor Crawler Type 10.12 Tractor Pneumatic 8.99 Traveling Mixer 9.35 Trenching Machine Light 10.50 Trenching Machine Heavy 13.56 Wagon Drill, Boring Machine 10.15 Reinforcing Steel Setter Paving 12.50 Reinforcing Steel Setter Structures 12.47 Steel Worker Structural 10.35 Sign Erector 10.06 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 Driver Lowboy Float 11.29 Welder 10.43 This prevailing Wage Rate Scale for Engineering Construction does not prohibit the payment to workers of amounts greater than those specified herein. Project No.052511256.0004 00811—Page 3 of 3 WAGE SCALE Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence Clik\ 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 This project entails removal of existing fence and construction of 4-foot chain link fence along the Corrigan Ditch By-Pass Channel. The Corrigan Ditch By-Pass Channel is located just south of Broadway/F.M. 518,west of S.H. 35/Main Street,and east of F.M. 1128. Removal of existing fence, as show on the drawings, will be incidental to Bid Item No.1. The 4-foot chain link fence shall be installed at the following locations: Station 00+37.00, Left 75.00' —Begin Proposed 4' Chain Link Fence Station 18+86.25, Left 75.00' —End Proposed 4'Chain Link Fence Station 21+39.35,Left 75.00' —Begin Proposed 4' Chain Link Fence Station 27+28.63, Left 75.00' —End Proposed 4'Chain Link Fence Station 33+55.37, Left 75.00' —Begin Proposed 4' Chain Link Fence Station 39+35.00, Left 80.00' —End Proposed 4'Chain Link Fence Station 42+35.00,Left 75.00' —Begin Proposed 4' Chain Link Fence Station 44+38.49,Left 75.00' —End Proposed 4'Chain Link Fence Station 45+40.00,Left 75.00' —Begin Proposed 4' Chain Link Fence Station 51+50.00,Left 75.00'—End Proposed 4'Chain Link Fence Station 00+37.56,Right 75.00' —Begin Proposed 4' Chain Link Fence Station 08+57.00,Right 75.00' —End Proposed 4'Chain Link Fence Station 11+98.00,Right 75.00' —Begin Proposed 4' Chain Link Fence Station 18+86.77,Right 75.00' —End Proposed 4'Chain Link Fence Station 21+28.95,Right 84.86' —Begin Proposed 4' Chain Link Fence Station 23+38.62,Right 82.63' —End Proposed 4'Chain Link Fence Station 23+38.62,Right 82.63' —Begin Proposed 4' Chain Link Fence Station 23+38.62,Right 75.00' —End Proposed 4'Chain Link Fence Station 23+38.62, Right 75.00' —Begin Proposed 4' Chain Link Fence Station 26+12.00,Right 75.00' —End Proposed 4'Chain Link Fence Project No.052511256.0004 01100—Page 1 of 4 SUMMARY OF WORK October 21,2003 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence Cush\ Station 31+53.00,Right 75.00'—Begin Proposed 4' Chain Link Fence Station 42+31.83,Right 75.00' —End Proposed 4'Chain Link Fence The proposed fence will be installed along the boundary of the Corrigan Ditch By-Pass Channel. Locations of fence to complete secured enclosure for the ditch right-of-way will be determined in the field by the engineer. Access for the work shall be from the ditch maintenance berm. The Contractor shall be responsible for restoration of grading and grass for areas disturbed within the ditch right-of-way. 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. '1 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: 4-Foot Chain Link Fence, Complete in Place 1. Include cost of: a. Removal of existing fence as required b. Furnish fence material c. Install fence material d. Restore site grading e. Other appurtenant and incidental work 2. Measurement for Payment: Measure by Linear Foot 1.05 WORK BY OWNER Project No.052511256.0004 01100—Page 2 of 4 SUMMARY OF WORK October 21,2003 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel -Fence A. Items noted as Not in Contract(NIC), or By Others will be furnished and installed by OWNER. B. OWNER will remove and retain possession of the following items prior to start of work: None. 1.06 OWNER-FURNISHED PRODUCTS A. Products purchased and paid for by OWNER: None B. Items Furnished by OWNER for Installation and Final Connection by CONTRACTOR: None C. CONTRACTOR's Responsibilities: 1. Arrange and pay for product delivery to site. 2. Receive and unload products at site;jointly with ENGINEER, inspect for completeness or damage. 3. Handle, store, install, and finish products. 4. Repair or replace damaged items. 1.07 CONSTRUCTION PHOTOGRAPHS Submit preconstruction(and post construction)photographs. 1.08 WORK SEQUENCE A. Coordination of Work: Refer to Section 01310—Coordination and Meetings,and Section 01350—Submittals(Construction Schedule). B. Access to the Burkett Storage Facility must be maintained at all time. 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—CON IRACTOR'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. Project No.052511256.0004 01100—Page 3 of 4 SUMMARY OF WORK October 21,2003 Corrigan Subdivision Drainage Improvements CITY OF PEARLAND Corrigan Ditch By-Pass Channel-Fence C°11‘` 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION Project No.052511256.0004 01100—Page 4 of 4 SUMMARY OF WORK October 21,2003 CITY OF PEARLAND CONTRACTOR USE OF PREMISES ( SECTION 01140 4 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 materials maybe distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by ENGINEER. 1.03 PROPERTIES OUTSIDE OF RIGHTS-OF-WAY A. Altering the condition of properties adjacent to and along rights-of-way will not be permitted unless authorized by the ENGINEER and property OWNER(S). B. Means,methods,techniques, sequences, or procedures that will result in damage to properties or improvements in the vicinity outside of rights-of-way will not be permitted. C. Any damage to properties outside of rights-of-ways shall be repaired or replaced to the satisfaction of the ENGINEER and at no cost to the OWNER. 1.04 USE OF SITE A. Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close more than one consecutive intersection at one time. B. Notify ENGINEER 48 hours prior to closing a street or a street crossing. Permits for street closures 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 CI'l.'s requirements of the Work,provide grading and temporary drainage structures to maintain unimpeded flow. E. Locate and protect private lawn sprinkler systems which may exist on rights-of-ways within the site. Repair or replace damaged systems to condition equal to or better than that existing at start of Work. F. Perform daily cleanup of dirt outside the construction zone, and debris, scrap materials, and other disposable items. Keep streets, driveways, and sidewalks clean of dirt, debris and scrap materials. Do not leave buildings, roads, streets or other construction areas unclean overnight. 1.05 NOTIFICATION TO ADJACENT OCCUPANTS A. Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. B. Include in notification names and telephone numbers of two company representatives for resident contact,who will be available on 24-hour call. Include precautions that will be taken to protect private property and identify potential access or utility inconvenience or disruption. C. Submit proposed notification to ENGINEER for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.06 PUBLIC,TEMPORARY,AND CONSTRUCTION ROADS AND RAMPS A. Construct and maintain temporary detours,ramps,and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. B. Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment. C. Construct and maintain access roads and parking areas as specified in Section 01500—Temporary Facilities and Controls. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A. Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the ENGINEER. B. Obtain the ENGINEER's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the CONTRACTOR's ,,arm, responsibility. Avoid unnecessary inconvenience to abutting property OWNERS. C. Remove surplus materials and debris and open 1,000 feet or less for public use as work in that block is complete. 04/00 01140-2 CITY OF PEARLAND CONTRACTOR USE OF PREMISES D. Acceptance of any portion of the Work will not be based on return of street to public use. E. Avoid obstructing driveways or entrances to private property. F. Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G. Provide barricades and signs in accordance with Section VI of the State of Texas Manual on Uniform Traffic Control Devices. 1.08 TRAFFIC CONTROL Comply with traffic regulation as specified in Section 01555—Traffic Control and Regulation. ti 1.09 SURFACE RESTORATION Restore site to condition existing before construction to satisfaction of ENGINEER. 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 Price Measurement: By unit designated in the agreement. F. Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A. Payment Includes: Full compensation for all required supervision, labor, products, tools, equipment,plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and CONTRACTOR's overhead and profit. B. Total compensation for required Unit Price Work shall be included in Unit Price bid in Bid schedule. Claims for payment as Unit Price Work,but not specifically covered in the list of unit prices contained in Bid Schedule,will not be accepted. C. Progress payments will be based on the ENGINEER's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. D. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by ENGINEER multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A. Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B. If, in the opinion of ENGINEER,it is not practical to remove and replace the Work, the ENGINEER will direct one of the following remedies: 1. The nonconforming Work will remain as is,but the unit price will be adjusted to a lower price at the discretion of ENGINEER. 2. The nonconforming Work will be modified as authorized by the ENGINEER, and the unit price will be adjusted to a lower price at the discretion of ENGINEER, if the modified work is deemed to be less suitable than originally specified. C. Specification sections may modify these options or may identify a specific formula or percentage price reduction. D. The authority of ENGINEER to assess the nonconforming work and identify payment adjustment is final. 04/00 01200-2 CITY OF PEARLAND MEASUREMENT AND PAYMENT 1.07 NONPAYMENT FOR REJECTED PRODUCTS rah\ 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 Cilik' 04/00 01200- 3 CITY OF PEARLAND CHANGE ORDER PROCEDURES (#1"." 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 CON 1'RACTOR'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 Cm",, E. Rented equipment will be paid to the CONTRACTOR by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the CONTRACTOR shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F. For changes in the work performed on a time-and-materials basis using CONTRACTOR-owned equipment,compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts(one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A. Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the ENGINEER of changes will be formalized into Change Orders. All changes will be in accordance with the requirements of the General Conditions. 04/00 01290 -2 CITY OF PEARLAND CHANGE ORDER PROCEDURES B. The ENGINEER will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by the General Conditions by issuing supplemental instructions. C. CONTRACTOR may request clarification of Drawings, Specifications or Contract Documents or other information. Response by the ENGINEER to a Request for Information does not authorize the CONTRACTOR to perform tasks outside the scope of the Work. All changes must be 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 Cab`, 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. (1111''' 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 l ' 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 (166.‘\ 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, (oN, 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 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 Cilmk\ 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 (112.\' SECTION 01350 SUBMITTALS 1.0 GENERAL 1.01 SECTION INCLUDES Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes 1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling 1. Schedule submittals well in advance of the need for the material or equipment for construction. Allow time to make delivery of material or equipment after submittal is approved. 2. Develop a submittal schedule that allows sufficient time for initial review, correction,resubmission and final review of all submittals.The ENGINEER will review and return submittals to the CONTRACTOR as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a submittal schedule be acceptable which allows less than thirty(30) days for initial review by the ENGINEER. This time for review shall in no way be justification for delays or additional compensation to the CONTRACTOR. 3. The ENGINEER's review of submittals covers conformity to the Drawings, Specifications, and dimensions that affect the layout. The CONTRACTOR is responsible for quantity determination. The CONTRACTOR is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals in no way relieves the CONTRACTOR from his ' obligation to furnish required items according to the Drawings and Specifications. 04/00 01350 - 1 CITY OF PEARLAND SUBMITTALS 4. Submit five(5)copies of documents unless otherwise specified in the (111-\' 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 numbering of videotapes, see Paragraph 1.10 Video. CoN, C. CONTRACTOR's Certification Each submittal shall contain a statement or stamp signed by the CONTRACTOR, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A. Submit a Schedule of Values at least ten(10) days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum(LS) in the Bid Schedule for which the CONTRACTOR requests to receive progress payments. B. Schedule of Values shall be typewritten on 8%2"x 11",plain white bond paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C. Round off figures for each listed item to the nearest$100.00 except for the value of one item,if necessary,to make the total price for all items listed in the Schedule of Values equal to the applicable lump sum amount in the Bid Schedule. D. For Unit Price Contracts, items should include a proportional share of CONTRACTOR's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, mobilization, bonds, and insurance may be listed as separate items in the Schedule of Values. 04/00 01350 -2 CITY OF PEARLAND SUBMITTALS E. For lump sum equipment items where submittal of operations and maintenance data and testing are required, include a separate item for equipment operation and maintenance data submittal valued at 5 percent of the lump sum amount and a separate item for testing and adjusting valued at 5 percent of the lump sum amount. F. Revise the Schedule of Values and resubmit for items affected by Contract Modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values ten (10) days prior to the first Application for Payment after the changes are approved by the ENGINEER. 1.04 CONSTRUCTION SCHEDULES A. Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be, at minimum,a bar chart, either computer generated or prepared manually, and a narrative report. B. During the Pre-construction Meeting, as noted in Section 01040—Coordination and Meetings, the CONTRACTOR shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the ENGINEER. Review of the submittal will be provided within seven (7)days of the submittal of the sample. C. Within seven (7) days of the receipt of approval of the CONTRACTOR's format, or fourteen(14) days of the Notice to Proceed,whichever is later, the CONTRACTOR shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The schedule shall usually include a total of at least twenty(20)but not more than fifty(50) activities. Fewer activities may be accepted,if approved by the ENGINEER. 2. For projects with work at different physical locations, each location should be indicated separately within the schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the schedule. 4. For projects with multiple types of tasks within the scope,these types of work should be indicated separately within the schedule. 5. For projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price,the schedule shall indicate dates when these items are to be purchased,when they are to be delivered, and when installed. 6. For projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Schedule and must be agreed to by the ENGINEER prior to starting work (111.6 in the area. 7. A tabulation of the estimated monthly billings for the work shall be prepared and submitted by the CONTRACTOR with the first schedule submittal. This 04/00 01350 -3 CITY OF PEARLAND SUBMITTALS information is not required in the monthly updates,unless significant changes in Work require resubmittal of the schedule for review. The total for each month and a cumulative total will be indicated. These monthly forecasts are only for planning purposes of the ENGINEER. Monthly payments for actual work completed will be made by the ENGINEER in accordance with Document 00700—General Condition. D. The CONTRACTOR must receive approval of the ENGINEER for the Schedule and billing estimate prior to the first monthly Application for Payment. No payment will be made until these are accepted. E. Upon written request from the ENGINEER,the CONTRACTOR shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F. The CONTRACTOR's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the schedule shall be required before the monthly Application for Payment will be processed for payment. G. The narrative Schedule Report shall include a description of changes made to the (8.11\ 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 C.""°, 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. CON 1RACTOR'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. CON'1RACTOR'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 (NOT USED) 1.09 PROJECT RECORD DOCUMENTS Submit Project Record Documents in accordance with Section 01760—Project Record Documents. ("1".\ 1.10 VIDEO (NOT USED) 1.11 DESIGN MIXES A. When specified in Specifications, submit design mixes for review. B. CON I'RACTOR'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. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION Cub\ 04/00 01350-6 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 American Institute of Steel Construction rimb\' 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 P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue,N.W. Washington,DC 20036 CRD U.S. Army Corps of Engineers Cal.\ 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 Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington,DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 NEMA National Electrical Manufacturers' Association 2101 L Street,N.W., Suite 300 Washington,DC 20037 NFPA National Fire Protection Association Batterymarch Park,P.O.Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington,DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 04/00 01420-3 CITY OF PEARLAND REFERENCE STANDARDS SSPC Steel Structures Painting Council '' 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TNRCC Texas Natural Resource Conservation Commission P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 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 Drive, Suite 155 Dallas, TX 75234 2.0 PRODUCTS (NOT USED) (....\ 3.0 EXECUTION (NOT USED) END OF SECTION C 04/00 01420-4 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL SECTION 01430 rb"` CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES Quality assurance and control of installation and manufacturer's field services and reports. 1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers,manufacturers,products, services, site conditions, and workmanship, to produce Work of specified quality at no additional cost to the City. B. Comply fully with manufacturers' installation instructions, including each step in sequence. C. Request clarification from City Engineer before proceeding should manufacturers' instructions conflict with Contract Documents. D. Comply with specified standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce the specified level of workmanship. 1.03 REFERENCES Obtain copies of standards and maintain at job site when required by individual Specification sections. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A. When specified in individual Specification sections,provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, operator training,test, adjust,and balance of equipment as applicable, and to initiate operation, as required. Conform to minimum time requirements for start- up operations and operator training if defined in Specification sections. B. At the City Engineer's request, submit qualifications of manufacturer's representative to City Engineer fifteen(15) days in advance of required representative's services. The representative shall be subject to approval of City Engineer. C. Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within fourteen (14)days of observation to City Engineer for review. 04/00 01430- 1 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL 2.0 PRODUCTS (NOT USED) (1"1 3.0 EXECUTION (NOT USED) END OF SECTION 04i00 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 additional inspection or construction management services as indicated in Section 01450—Testing Laboratory Services. C. Reports will be submitted by the independent firm to City Engineer, Architect/ENGINEER, and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Contractor shall assist and cooperate with the Inspector; furnish samples of materials, ("I\ 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 (.11.\ 04/00 01440- 1 CITY OF PEARLAND TESTING LABORATORY SERVICES SECTION 01450 Cu"'t TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES Testing Laboratory Services and CONTRACTOR responsibilities related to those services. 1.02 REFERENCES A. ASTM D3740—Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. B. ASTM E329—Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.03 SELECTION AND PAYMENT A. OWNER will employ and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Specification sections. B. Employment of testing laboratory shall not relieve CONTRACTOR of obligation to Cak'' 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 r°\I 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 76\ 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. (.16\ 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 Cia"\ 1. Provide water required for and in connection with Work to be e p rformed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 2. For water to be drawn from public fire hydrants, obtain special permit or license and meter from the proper City officials. A deposit based on rates established by latest ordinance will be required. Install backflow preventor on fire hydrant supply. 3. Provide and maintain an adequate supply of potable water for domestic consumption by CONTRACTOR personnel. C. Electricity and Lighting. 1. Provide electric power service as required for the Work, including testing of Work. Provide power for lighting, operation of the CONTRACTOR's equipment, or for any other use by CONTRACTOR. 2. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. 3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot- candles for stairs and shops. D. Temporary Heat and Ventilation p rY 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. (4."'\ 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 materials not susceptible to weather damage may be on blocks off the ground. C. Store materials in a neat and orderly manner. Place materials and equipment to permit easy access for identification, inspection, and inventory. 1.06 SAFETY REQUIREMENTS A. Submit and follow a safety program in accordance with Document 00700—General Conditions, Paragraph 10.1. Include in the safety program documented response to trench safety requirements as specified in Section 01570—Trench Safety System. cook B. Conduct operations in strict accord with applicable Federal, State, and local safety codes and statutes and with good construction practice. The CONTRACTOR is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Project. C. Observe and comply with Texas Occupational Safety Act(Art. 5182a,V.C.S.)and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act,published in 29 CFR Part 1926 and adopted by Secretary of Labor as occupational safety and health standards under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of CONTRACTOR employees. Such safety and health standards apply to subcontractors and their employees as well as to the CONTRACTOR and its employees. D. Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the CONTRACTOR without reliance or superintendence of or direction by the ENGINEER or the ENGINEER's • representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the CONTRACTOR or subcontractor's work or place of work on the job site under this Contract,and after such investigation or inspection,advise the ENGINEER of the results. Submit one(1)copy of accident reports to ENGINEER within ten(10) days of occurrence. CHT 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 (.16‘\ 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 Yfrom 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: (114' a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other CONTRACTOR, any utility service company, or the OWNER's operations. b. Provide suitable storage for materials which are subject to damage by exposure to weather,theft,breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish, scrap materials, and debris caused by construction operations,keeping the project site safe and orderly. e. Provide safe barricades and guard rails around openings,for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3. Obtain written consent from proper parties before entering or occupying with workers,tools,materials,or equipment,privately-owned land except on easements provided for construction. 4. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission,neglect, or misconduct in execution of the Work 04/00 01500 -5 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS by the CONTRACTOR, it shall be restored by the CONTRACTOR to a 1 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 rkc: 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,prior to completion of Work. 2. Control traffic to prevent damage to equipment,materials, and surfaces. 1.12 ROADS AND PARKING A. Prevent interference with traffic and OWNER operations on existing roads. 04/00 01500- 7 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS B. Designate temporary parking areas to accommodate construction personnel. When C.`" 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 materials which will not adversely affect conditions at the site or on adjoining properties. 1.16 NOISE CONTROL A. Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to the latest OSHA standards and City Ordinances and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B. Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by ENGINEER. 1.17 DUST CONTROL Control objectionable dust caused by operation of vehicles and equipment. Apply water or use other methods, subject to approval of the ENGINEER,which will control the amount of dust generated. 1.18 WATER RUNOFF AND EROSION CONTROL A. Provide methods to control surface water,runoff; subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the site, or adjoining properties. B. Control fill, grading and ditching to direct water away from excavations,pits, and other construction areas; and to direct drainage to proper runoff courses so as to prevent any erosion, sedimentation or damage. C. Provide, operate, and maintain equipment and facilities of adequate size to control surface water. D. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or to adjoining areas and in conformance with environmental requirements. E. Retain existing drainage patterns external to the construction site by constructing temporary earth berms, sedimentation basins,retaining areas, and temporary ground cover as needed to control conditions. F. Plan and execute construction and earth work by methods to control surface drainage from cuts and fills,and from borrow and waste disposal areas,to prevent erosion and sedimentation. 1. Keep to a minimum the area of bare soil exposed at one time. 2. Provide temporary control measures, such as berms, dikes,and drains. 04/00 01500 -9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS G. Construct fills and waste areas by selective placement to eliminate surface silts or clays that will erode. H. Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION C 04/00 01500 - 10 CITY OF PEARLAND MOBILIZATION SECTION 01505 C.Ik‘' MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES Mobilization of construction equipment and facilities onto the site. 1.02 UNIT PRICES A. Measurement for mobilization is on a lump sum basis. B. Mobilization payments will be included in monthly payment estimates upon written application by CONTRACTOR subject to the following provisions: 1. Authorization for payment of 50 percent of the contract price for mobilization will be made upon receipt and approval by ENGINEER of the following items, as applicable: a. Schedule of values, if required by Section 01100. b. Trench safety program C.b\ c. Construction schedule d. Preconstruction photographs, if required by Section 01100. 2. Authorization for payment of the remaining 50 percent of the Contract Price for mobilization will be made upon completion of Work amounting to 5 percent of the Contract Price less the mobilization unit price. C. Mobilization payments will be subject to retainage amounts stipulated in the General Conditions. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01505 - 1 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION Cs``', 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 (Ilk\ 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. rin\ 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. (ow, 2.0 PRODUCTS 2.01 SIGNS, SIGNALS,AND DEVICES A. Comply with Texas State Manual on Uniform Traffic Control Devices. B. Traffic Cones and Drums,Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A. Abide by laws and regulations of governing authorities when using public roads. If the CONTRACTOR's work requires that public roads be temporarily impeded or closed,approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the ENGINEER. B. CONTRACTOR shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the traffic control plan. C. CONTRACTOR shall not obstruct the normal flow of traffic from 7:00 a.m.to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the ENGINEER. 04/00 01555 -2 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION D. CONTRACTOR shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E. Cleanliness of surrounding streets: Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. 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 during hours of low visibility to delineate traffic lanes and to guide traffic. 3.04 HAUL ROUTES A. Utilize haul routes designated by authorities or shown on the Drawings for construction traffic. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.05 TRAFFIC SIGNS AND SIGNALS A. Install traffic control devices at approaches to the site and on site, at crossroads, detours,parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.06 BRIDGING TRENCHES AND EXCAVATIONS A. Whenever necessary,bridge trenches and excavation to permit an unobstructed flow of traffic. B. Secure bridging against displacement by using adjustable cleats, angles,bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than 5 percent of daily traffic is comprised of commercial or truck traffic; 04/oo 01555 -3 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 3. When more than two(2)separate plates are used for the bridge; or 4. When bridge is to be used for more than five (5) consecutive days. C. Install bridging to operate with minimum noise. D. Adequately shore the trench or excavation to support bridge and traffic. E. Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F. Use steel plates of sufficient thickness to support H-20 loading, truck or lane,that produces maximum stress. 3.07 REMOVAL A. Remove equipment and devices when no longer required. B. Repair damage caused by installation. C. Remove post settings to a depth of 2 feet. END OF SECTION (116'. 04/00 01555 -4 CITY OF PEARLAND WASTE MATERIAL DISPOSAL SECTION 01562 ("h\ WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES Disposal of waste material and salvageable material. 1.02 UNIT PRICES No separate payment will be made for waste material disposal under this Section. Include payment in unit price for related sections. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01350—Submittals. B. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C. Submit a copy of written permission from property owner, along with description of property,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 (11141\' TREE AND PLANT PROTECTION 1.0 GENERAL 1.01 SECTION INCLUDES Tree and plant protection. 1.02 PROJECT CONDITIONS A. Preserve and protect existing trees and plants to remain from foliage,branch,trunk, or root damage that could result from construction operations. B. Prevent following types of damage: 1. Compaction of root zone by foot or vehicular traffic, or material storage. 2. Trunk damage from equipment operations,material storage, or from nailing or bolting. 3. Trunk and branch damage caused by ropes or guy wires or machine impacts. 4. Root poisoning from spilled solvents, gasoline,paint, and other noxious materials. 5. Branch damage due to improper pruning or trimming. 6. Damage from lack of water due to: a. Cutting or altering natural water migration patterns near root zones. b. Failure to provide adequate watering. 7. Damage from alteration of soil pH factor caused by depositing lime,concrete, plaster, or other base materials near roots. 8. Cutting feeder of roots or roots larger than 1%inches in diameter. 1.03 DAMAGE ASSESSMENT When trees other than those designated for removal are destroyed or badly damaged as a result of construction operations,remove and replace with same size, species,and variety up to and including 8 inches in trunk diameter. Tree larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contract amount will be reduced by an amount determined from the following International Shade Tree Conference formula: 0.7854 x D2 x$10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above grade. 04/00 01563 - 1 CITY OF PEARLAND TREE AND PLANT PROTECTION 2.0 PRODUCTS Clai"\ 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: ,1111 y 1. Stake right-of-way limits and identify any tree of diameter greater than 4 inches which is to be removed. Mark trees prior to felling with an X in orange paint, clearly visible, on the trunk, and at eye level. 2. After marking trees give a minimum of 48-hours notice in writing to the ENGINEER of intent to begin felling operations. 3. Trees whose trunks are only partially in the right-of-way shall be protected and preserved as described below. C. For trees or shrubs to remain,perform the following: 1. Trim trees and shrubs only as necessary. a. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper form and branching habit. b. Cut limbs at branch collar. No stubs should remain on trees. Branch cuts should not gouge outer layer of tree structure or trunk. 2. Use extreme care to prevent excessive damage to root systems. a. Roots in construction areas will be cut smoothly with a trencher ' before excavation begins. Do not allow ripping of roots with a backhoe or other equipment. 04/00 01563 -2 CITY OF PEARLAND TREE AND PLANT PROTECTION b. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. c. Cover exposed roots with soil as soon as possible. 3. Prevent damage or compaction of root zone (area inside dripline)by construction activities. a. Do not allow scarring of trunks or limbs by equipment or other means. b. Do not store construction materials, vehicles, or excavated material inside dripline of frees. 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. ("6\ 5. Water areas currently being served by private sprinkler systems while systems are temporarily taken out of service to maintain health of existing landscapes. 6. At option of the CONTRACTOR and with the ENGINEER's permission,trees and shrubs to remain may be temporarily transplanted and returned to original positions under supervision of professional horticulturist. 3.02 PROTECTION A. Protection of Trees or Shrubs in Open Area: 1. Install steel drive-in fence posts in protective circle, approximately 8 feet on center,not closer than 4 feet to trunk of trees or stems of shrubs. 2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet minimum above ground. 3. Mount steel hog-wire on fence posts. 4. For trees or shrubs in paved areas,mount concrete-filled steel pipe 2%z 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 (OK 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 period for that tree shall begin on date of replacement of tree, subject to the OWNER's inspection, for no less than 1 year. 3. Straighten leaning trees and bear entire cost. 4. Dispose of trees rejected at any time by ENGINEER at CONTRACTOR's expense. END OF SECTION 04/00 01563 -4 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION SECTION 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES Description of erosion and sediment control and other control-related practices which shall be utilized during construction activities. 1.02 UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item,no separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay items of which this work is a component. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than site work specifically directed by the ENGINEER to allow soil testing and surveying. B. Equipment and vehicles shall be prohibited by the CONTRACTOR from maneuvering on areas outside of dedicated rights-of-way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the CONTRACTOR. C. The CONTRACTOR shall be responsible for collecting, storing,hauling, and disposing of spoil, silt,and waste materials as specified in this or other Specifications and in compliance with applicable federal, state, and local rules and regulations. D. CONTRACTOR shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Drawings and this Specification. E. The CONTRACTOR shall install,maintain, and inspect erosion and sediment control measures and practices as specified in the Drawings and in this or other Specifications. 04/00 01566 - 1 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3.02 TOPSOIL PLACEMENT FOR EROSION AND SEDIMENT CONTROL SYSTEMS When topsoil is specified as a component of another Specification,the CONTRACTOR shall conduct erosion control practices described in this Specification during topsoil placement operations. 1. When placing topsoil,maintain erosion and sediment control systems, such as swales, grade stabilization structures, berms, dikes, silt fences, and sediment basins. 2. Maintain grades which have been previously established on areas to receive topsoil. 3. After the areas to receive topsoil have been brought to grade, and immediately prior to dumping and spreading the topsoil,loosen the subgrade by discing or by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to the subsoil. 3.03 DUST CONTROL A. Implement dust control methods to control dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on-site and off-site damage,to prevent health hazards, and to improve traffic safety. B. Control blowing dust by using one or more of the following methods: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 5. Barriers using solid board fences,burlap fences, crate walls,bales of hay,or similar materials. C. Implement dust control methods immediately whenever dust can be observed blowing on the project site. 3.04 KEEPING STREETS CLEAN A. Keep streets clean of construction debris and mud carried by construction vehicles and equipment. 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. Water hosing 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 (1"`"\ A. Confine maintenance and repair of construction machinery ry and equipment to areas specifically designated for that purpose. Locate such areas so that oils, gasoline, grease, solvents, and other potential pollutants cannot be washed directly into receiving streams or storm water conveyance systems. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. Clean and inspect maintenance areas daily. B. On a construction site where designated equipment maintenance areas are not feasible, take precautions during each individual repair or maintenance operation to prevent potential pollutants from washing into streams or conveyance systems. Provide temporary waste disposal receptacles. 3.06 WASTE COLLECTION AND DISPOSAL A. CONTRACTOR shall formulate and implement a plan for the collection and disposal of waste materials on the construction site. In plan, designate locations for trash and waste receptacles and establish a collection schedule. Methods for ultimate disposal of waste shall be specified and carried out in accordance with applicable local, state, and federal health and safety regulations. Make special provisions for the collection and disposal of liquid wastes and toxic or hazardous materials. B. Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day-to-day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff. 3.07 WASHING AREAS Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Designate special areas for washing vehicles. Locate these areas where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. Beneath wash areas construct a gravel or rock base to minimize mud production. 3.08 STORAGE OF CONSTRUCTION MATERIALS AND CHEMICALS A. Isolate sites where chemicals, cements, solvents,paints, or other potential water pollutants are stored in areas where they will not cause runoff pollution. B. Store toxic chemicals and materials, such as pesticides,paints, and acids in accordance with manufacturers' guidelines. Protect groundwater resources from leaching by placing a plastic mat,packed clay, tar paper, or other impervious materials on any areas where toxic liquids are to be opened and stored. 3.09 DEMOLITION AREAS Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other toxic pollutants shall use dust control techniques to limit transport of 04/00 01566-3 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION ® airborne pollutants. However,water or slurry used to control dust contaminated with heavy (`�` metals or toxic pollutants shall be retained on the site and shall not be allowed to run directly into watercourses or storm water conveyance systems. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.10 SANITARY FACILITIES Provide the construction sites with adequate portable toilets for workers in accordance with Section 01500—Temporary Facilities and Controls, and applicable health regulations. 3.11 PESTICIDES Use and store pesticides during construction in accordance with manufacturers' guidelines and with local, state, and federal regulations. Avoid overuse of pesticides which could produce contaminated runoff. Take great care to prevent accidental spillage. Never wash pesticide containers in or near flowing streams or storm water conveyance systems. END OF SECTION C 04/00 01566 -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. l 3. Availability of equipment and personnel for handling products. 4. City's use of premises. 04/00 01600- 1 CITY OF PEARLAND MATERIAL AND EQUIPMENT C. Have products delivered to the site in manufacturer's original, unopened,labeled containers. D. Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.05 PRODUCT HANDLING A. Coordinate the off-loading of materials and equipment delivered to the job site. If necessary to move stored materials and equipment during construction, CONTRACTOR shall relocate materials and equipment at no additional cost to the City. B. Provide equipment and personnel necessary to handle products, including those provided by the City,by methods to prevent damage to products or packaging. C. Provide additional protection during handling as necessary to prevent breaking scraping,marring, or otherwise damaging products or surrounding areas. D. Handle products by methods to prevent over bending or overstressing. E, Lift heavy components only at designated lifting points. F. Handle materials and equipment in accordance with Manufacturer's recommendations. G. Do not drop,roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.06 STORAGE OF MATERIAL A. Store and protect materials in accordance with manufacturer's recommendations and requirements of these Specifications. B. Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors,public travel,adjoining owners,tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. C. Restrict storage to areas available on the construction site for storage of material and equipment as shown on Drawings or approved by the City Engineer. 04/00 01600 -2 CITY OF PEARLAND MATERIAL AND EQUIPMENT D. Provide off-site storage and protection when on-site storage is not adequate. E. Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. F. Protect stored materials and equipment against loss or damage. G. Store in manufacturers' unopened containers. H. Materials delivered and stored along the line of the Work shall be neatly, safely, and compactly stacked along the work site in such manner as to cause the least inconvenience and damage to property owners and the general public,and shall be not closer than 3 feet to any fire hydrant. Public and private 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 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. 1.03 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 retains the right to accept any product or process deemed advantageous to the OWNER, and similarly, to reject any product or process deemed not beneficial to the OWNER. 1.06 SUBSTITUTION PROCEDURE A. Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the approved product specified. B. Submit a written request for a construction product to be considered as an alternate product. C. Submit the product information after the effective date of the Agreement and within the time period allowed for substitution submittals given in the General Conditions. After the submittal period has expired,requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the CONTRACTOR's control. D. Submit five (5)copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description,performance and test data, and reference standards. c. Samples,as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the OWNER, Architect/ENGINEER, and installing CONTRACTOR. 04/00 01630-2 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: ( a. Detailed description of proposed method. b. Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. 6. Relation to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the ENGINEER. 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) 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 verifying accuracy of survey work on request. C. Submit information under provisions of Section 01350 - Submittals. 1.03 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey work as it progresses. B. Submit Record Documents under provisions of Section 01350 - Submittals. 1.04 EXAMINATION A. Verify locations of survey control points prior to starting Work. B. Notify ENGINEER immediately of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A. Control datum for survey is that established by OWNER-provided survey and indicated on Drawings. B. Locate and protect survey control points,including property corners,prior to starting site work;preserve permanent reference points during construction. C. Notify ENGINEER 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. D. Report promptly to ENGINEER the loss or destruction of any reference point. E. CONTRACTOR shall reimburse OWNER for cost of reestablishment of permanent reference points disturbed by CONTRACTOR's operations. 1.06 SURVEY REQUIREMENTS A. Utilize recognized engineering survey practices. 04/00 01720 -1 CITY OF PEARLAND HELD SURVEYING B. Establish a minimum of two (2)permanent bench marks on site,referenced to C"In established control points. Record locations,with horizontal and vertical data,on Project Record Documents. C. Establish and record in survey notes elevations,lines and levels to provide quantities required for measurement and payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. D. Verify periodically layouts by same means. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04i00 01720-2 CITY OF PEARLAND CUTTING AND PATCHING SECTION 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover work for access, inspection or testing. 1.02 CUTTING AND PATCHING A. Perform activities to avoid interference with facility operations and the Work of others in accordance with the Document 00700 - General Conditions of the Contract. B. Execute cutting and patching, including excavation,backfill and fitting to: 1. Remove and replace defective Work or Work not conforming to the Drawings and Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the ENGINEER or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues,if any, and do cutting,patching and finishing. C. Restore existing work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Specifications. D. Support, anchor, attach,match,trim and seal materials to the Work of others. Unless otherwise specified, furnish and install sleeves,inserts,hangers,required for the execution of the Work. E. Provide shoring,bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting 04/00 01730- 1 CITY OF PEARLAND CUTTING AND PATCHING beams or other structural members, anchors, lintels or other supports,request written (4.1 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. C116) c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. C. Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the ENGINEER including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. D. Submit written notice to the ENGINEER designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the ENGINEER. 1.04 CONNECTIONS TO EXISTING FACILITIES A. Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Specifications or approved by the ENGINEER. 04/00 01730 -2 CITY OF PEARLAND CUTTING AND PATCHING B. Coordinate with the ENGINEER,interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs)to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C. Submit a detailed schedule of proposed connections, including shut-downs and tie- ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. Provide specific time and date information to the ENGINEER 48 hours in advance of proposed Work. D. Procedures and Operations: 1. The CONTRACTOR may operate existing pumps,valves, and gates required for sequencing procedures only as directed by the ENGINEER. Do not operate any valve, gate, or other item of equipment without permission of the City and the knowledge of the ENGINEER. 2. Insofar as possible, equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility. 3. Carefully coordinate Work and schedules. Provide written notice to the ClabN\ 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 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 horizontal locations and elevations of underground utilities and appurtenances,referenced to permanent surface improvements. 2. Elevations of underground utilities referenced to bench mark utilized for project. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original contract drawings. 6. References to related shop drawings and Modifications. rabN 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 (111."`, 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 during warranty period. D. The OWNER will occupy portions of the Work as specified in other Sections. E. CONTRACTOR shall request Final Inspection at least two (2)weeks prior to Final Acceptance. 1.03 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean debris from drainage systems. C. Clean site; sweep paved areas,rake clean landscaped surfaces. D. Remove waste and surplus materials,rubbish, and temporary construction facilities from the site following the final test of utilities and completion of the work. 1.04 OPERATION AND MAINTENANCE DATA Submit operations and maintenance data as noted in Section 01350- Submittals. 1.05 WARRANTIES A. Provide one original of each warranty from Subcontractors, suppliers, and manufacturers. B. Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. (11161., 04/00 01770 - 1 CITY OFPEARLAND 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 04i00 01770-2 CITY OF PEARLAND CHAIN LINK FENCES AND GATES SECTION 02821 CHAIN LINK FENCES AND GATES 1.0 GENERAL 1.01 SECTION INCLUDES A. Fence framework, fabric, and accessories. B. Excavation for post bases, concrete foundation for posts and center drop for gates. 1. Manual gates and related hardware. 1.02 MEASUREMENT AND PAYMENT A. Payment for fencing shall be on a linear foot basis for height noted. B. Payment for gates shall be per unit. C. Refer to Section 01200 -Measurement and Payment for Unit Price Procedures. 1.03 SYSTEM DESCRIPTION A. Fence Height shall be as indicated on Drawings or as noted to match height of existing. l B. Extension arms for barbed wire shall match existing. C. Line Post Spacing shall not exceed 10 feet, or as shown on Drawings. 1.04 SUBMITTALS A. Submit under provisions of Section 01350, Submittals. B. Shop Drawings: Indicate plan layout, spacing of components, post foundation dimensions, hardware anchorage, and schedule of components. C. Product Data: Provide data on fabric,posts,accessories,fittings and hardware that indicates that items match or exceed the quality of existing. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this Section with minimum three years experience. 1.06 FIELD MEASUREMENTS \ A. Verify that field measurements are as indicated on shop drawing B. 2.0 PRODUCTS 4/00 02821-1 CITY OF PEARLAND CHAIN LINK FENCES AND GATES 2.01 GALVANIZED FENCING (Pk% A. Fence fabric shall be No. 9 steel wire,hot galvanized after weaving,to match or exceed existing. B. Framework shall be hot-dipped galvanized with a minimum coating of 2 ounces/sf,or one ounce/sf plus 30 micrograms/square inch chromate conversion coating. C. Line posts shall be 2" and conform to ASTM A570 Grade 45 steel or ASTM A569, cold rolled steel. All posts shall have spherical plugs. D. End corner,angle,and pull posts shall be 2 1//2"and conform to ASTM A570 Grade 45 steel or ASTM A569 for steel pipe. E. Top rails shall be 1.65 x 1.25-inch formed C-section;or 1.6-inch round ASTM A569, 1.35 lbs/ft;or 1-5/8-inch outside diameter steel pipe,2.27 lbs/fl. Top rails shall pass through openings provided for that purpose in post tops. F. Fabric ties shall be hog rings, galvanized steel wire not less than 9-ga with a zinc coating of not less than 1.2 ounces/sf. G. Bolts and nuts shall be in conformance with ASTM A307 and shall be galvanized in accordance with AASHTO M232. H. Install horizontal braces fabricated of 1-5/8-inch,2.27-lb copper bearing steel pipe at all corner, gate, and end posts. I. All posts to have malleable iron top caps. J. Bottom tension wire shall be#7 gauge wire. K. Gates shall be either swing or slide as shown on the plans. Swing gates shall be hinged to swing 90 degrees from closed to open or hinged to swing 180 degrees from close to open. Slide gates shall be roller type with no vertical obstructions. All gate leaves shall have intermediate members and diagonal stress rods as required for rigid construction and shall be free from sag or twist. All gates shall be fitted with vertical extension arms or shall have frame end number extended to carry barbed wire. Gate posts for gates shall be 4-inch, 9.1 lb pipe. Gate frames shall be made of 2-inch outside diameter,castings. Fabric shall be the same as for the fence. Gates shall have malleable iron ball and socket hinges,catches,stops and padlocks with 3 keys each. Posts for single gates shall be the same as end posts. 3.0 EXECUTION 4/00 02821-2 CITY OF PEARLAND CHAIN LINK FENCES AND GATES 3.01 INSTALLATION A. Install chain link fence in accordance with the directions of the manufacturer and these Specifications. B. Install line fence posts at not more than 10-ft centers and concreted at least 36 inches x 12" diameter into the ground in a Class B concrete base. Allow concrete to cure for at least 7 days before erecting remainder of fence. Fasten fabric to line posts with wire ties spaced about 14 inches apart and to top rail spaced about 24 inches apart. C. Use standard chain link fence stretching equipment to stretch the fabric before tying it to the rails and posts. Repeat the stretching and tieing operations about every 100 feet. D. Erect gates so they swing or slide in the appropriate direction. Provide gate stops as required. Secure hardware, adjust, and leave in perfect working order. Adjust hinges and diagonal bracing so that gates will hang level. Adjust rollers and guides of sliding gates so that gates are level. E. At small natural or drainage ditches where it is not practical for the fence to conform to the contour of the ground, span the opening below the fence with wire fastened to stakes of required length. The finished fence shall be plumb, taut, true to line and (1"*"\, ground contour. When directed, stake down the chain link fence at several points between posts. F. Where new fence joins an existing fence, set a corner post and brace post at the junction and brace as directed. If the connection is made at other than the corner of the new fence the last span of the old fence shall contain a brace. END OF SECTION 4/00 02821-3 CITY OF PEARLAND FENCING REMOVAL SECTION 02824 FENCING REMOVAL 1.0 GENERAL 1.01 SECTION INCLUDES A. Removal of existing fencing and gates. B. Disposal or reinstallation of existing fencing and gates at a difference location. 1.02 MEASUREMENT AND PAYMENTS A. Measurement for fencing shall be made by the linear foot,including gates. B. Payment shall be made at the contract unit price bid per lump sum.Payment shall include all labor,equipment,and new materials necessary for removal and disposal and/or reinstallation, and/or salvage including new gates necessary to complete the work. C. Refer to Section 01200—Measurement and Payment for Unit Price Procedures. 1.03 SUBMITTALS Submittals shall conform to requirements of Section 01350—Submittals. 2.0 PRODUCTS 2.01 MATERIALS (NOT USED) 3.0 EXECUTION 3.01 CONSTRUCTION METHODS A. Fencing which is not be reinstalled shall be removed from the site and disposed of by the Contractor. All holes left as a result of post removal, if in an area not to receive roadway construction, excavation or fill,shall be filled and tamped with dirt to the elevation of natural ground. The Contractor shall provide the dirt. B. When a chain link fence is to be reinstalled it shall be installed in accordance with the Section, "Chain Link Fences and Gates". When barbed wire fence is to be reinstalled,it shall be reinstalled in accordance with the Section, "Wire Fencing".When wood fencing is to be reinstalled, it shall be reinstalled in accordance with the Section, "Wood Fencing". C. When an existing fence is to be reinstalled,it shall be reinstalled with the same post spacing as the original, or as otherwise directed by the Engineer. D. If a wood fence is to be reinstalled,it shall be with new galvanized nails. 09/03 02824-1 CITY OF PEARLAND FENCING REMOVAL E. If a barbed wire fence is to be reinstalled, it shall be with galvanized staples. (.16.\ F. If a chain link fence is to be reinstalled, it shall be with new galvanized pig rings or wire clips. G. All new gates shall be as shown on the plans, or as directed by the Engineer END OF SECTION (111.1.‘ 09/03 02824-2 CITY OF PEARLAND CAST-IN-PLACE CONCRETE Section 03300 CAST-IN-PLACE CONCRETE 1.0 GENERAL 1.01 SECTION INCLUDES A Cast-in-place concrete building frame members, floors, shear walls, foundation walls, and supported slabs, vaults, manholes and wet wells. B Cast-in-place concrete work for utility construction or rehabilitation, such as slabs on grade, small vaults, site-cast bases for precast units, cast-in-place manholes, including headwalls and miscellaneous small structures. C Floors and slabs on grade. D Concrete seal slabs. E Control, and expansion and contraction joint devices associated with concrete work, including joint sealants. F Design, construction, erection and removal of structural concrete(//1"‘. G Equipment pads, light pole base, thrust blocks. 1.02 UNIT PRICES A Measurement for cast-in-place concrete is on lump-sum basis for each aforementioned item as bid. Payment includes related work performed on these items in accordance with related sections of these Specifications. B Measurement for extra cast-in-place concrete is on cubic-yard basis. Payment includes related work performed in accordance with related sections. C Refer to Section 01200 -Measurement and Payment for unit price procedures. 1.03 DEFINITIONS A Hot Weather: Any combination of high air temperature,low relative humidity and wind velocity tending to impair quality of fresh or hardened concrete or otherwise resulting in abnormal properties. B Cold Weather: Period when,for more than 2 successive days,mean daily temperature is below 40 degrees F. 04/2002 03300-1 CITY OF PEARLAND CAST-IN-PLACE CONCRETE rihN' 1.04 REFERENCES A ACI 301 - Structural Concrete for Buildings. B ACI 302 -Guide for Concrete Floor and Slab Construction. C ACI 304 - Recommended Practice for Measuring, Mixing, Transporting and Placing. Concrete. D ACI 305R- Hot Weather Concreting. E ACI 306R-Cold Weather Concreting. F ACI 308 - Standard Practice for Curing Concrete. G ACI 318 Building Code Requirements for Reinforced Concrete. H ACI 35OR-Environmental Engineering Concrete Structures. I ANSI/ASTM D1190- Concrete Joint Sealer,Hot-Poured Elastic Type. J ANSI/ASTM D1752-Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. K ASTM C33 -Concrete Aggregates. L ASTM C94 -Ready-Mixed Concrete. M ASTM C150 -Portland Cement. N ASTM C260 -Air Entraining Admixtures for Concrete. O ASTM C494 -Chemicals Admixtures for Concrete. 1.05 SUBMITTALS A Submit under provisions of Section 01350. B Shop Drawings: 1. Submit shop drawings detailing reinforcement fabrication, bar replacement location, splices, spacing, bar designation, bar type, length, size, bending, number of bars, bar support type, and other pertinent information, including dimensions. Provide sufficient detail for placement of reinforcement without use of Contract Drawings. Information shall correspond directly to data listed on bill of materials. 04/2002 03300-2 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 2. Use of reproductions of Contract Drawings by Contractor, Subcontractor, erector,fabricator or material supplier in preparation of shop drawings(or in lieu of preparation of shop drawings) signifies acceptance by that party of information shown thereon as correct, and acceptance of obligation to pay for any job expense, real or implied, arising due to errors that may occur thereon. Remove references to Design Engineer, including seals,when reproductions of Contract Drawings are used as shop drawings. 3. Detail shop drawings in accordance with ACI 315, Figure 6. 4. Submit shop drawings showing location of proposed additional construction joints,and obtain approval of the Engineer,prior to submitting reinforcing steel shop drawings. C Bill of Materials: Submit with shop drawings. D Product Data: 1. Mechanical Bar Splices: Submit manufacturer=s technical literature, including specifications and installation instructions. 2. Epoxy grout proposed for anchoring reinforcing dowels to hardened concrete: Submit manufacturer=s technical literature including recommended installation procedures. 3. Provide data on joint devices, attachment accessories and admixtures. E Certificates: 1. Submit steel manufacturer=s certificates of mill tests giving properties of steel `} proposed for use. List of manufacturer=s test number, heat number, chemical analysis, yield point, tensile strength and percentage of elongation. Identify proposed location of steel in work. 2. Foreign-manufactured reinforcing bars shall be tested for conformance to ASTM requirements by a certified independent testing laboratory located in United States. Certification from any other source is not acceptable. Submit test reports for review. Do not begin fabrication of reinforcement until material has been approved. 1.06 PROJECT RECORD DOCUMENTS A Submit under provisions of Section 01350-Submittals. B Accurately record actual locations of embedded utilities and components which are concealed from view. 1.07 QUALITY ASSURANCE A Perform Work in accordance with ACI 301. B Acquire cement and aggregate from same source for all work. C Conform to ACI 305R when concreting during hot weather. l.6 61 Conform to ACI 306R when concreting during cold weather. 04/2002 03300-3 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 1.08 COORDINATION A Coordinate work under provisions of Section 01310. B Coordinate the placement of joint devices with erection of concrete formwork and placement of form accessories. 2.0 PRODUCTS 2.01. CONCRETE MATERIALS A Cement: ASTM C150, Type I-Normal Portland type. Type II-Moderate Sulphate resistance Portland type. B Fine and Coarse Aggregates: ASTM C33. C Use coarse limestone aggregate and crushed limestone for fine aggregate. The product of concrete alkalinity(A, as equivalent calcium carbonate)times the thickness of cover over the reinforcing steel (Z, in inches) shall not be less than 0.54, i.e. concrete shall have an AZ factor greater than or equal to 0.54. Provide a minimum concrete cover of 2" over reinforcing steel on the inside of the structures. D Water: Clean and not detrimental to concrete. 2.02 ADMIXTURES A Air Entrainment: ASTM C260. B Chemical: ASTM C494, Type A - Water Reducing Type D - Water Reducing and Retarding Type E- Water Reducing and Accelerating admixture. 2.03 ACCESSORIES A Bonding Agent: Two component modified epoxy resin. B Vapor Barrier: 6 mil clear polyethylene film type recommended for below grade application. C Non-Shrink Grout: Premixed compound consisting of non-metallic aggregate,cement, water reducing and plasticizing agents; capable of developing minimum compressive strength of 2,400 psi in 48 hours and 7,000 psi in 28 days. 2.04 JOINT DEVICES AND FILLER MATERIALS A Joint Filler Type C: ASTM D1752;Premolded sponge rubber,fully compressible with recovery rate of minimum 95 percent. B Sealant:ASTM D1190;synthetic rubber. 2.05 CONCRETE MIX 04/2002 03300-4 CITY OF PEARLAND CAST-IN-PLACE CONCRETE ` ' A Mix and deliver concrete in accordance with ASTM C94, Alternative No. 3. A minimum of 5.75 bags of cement per cubic yard of concrete shall be used. For Concrete in Contact with sewage use Portland Type II, ASTM C150, Cement. B Provide concrete to the following criteria: 1. Compressive Strength 7 days: 2400 psi 2. Compressive Strength 28 days: 4000 psi 3. Slump: 3 to 4 inches for concrete cast against earth in slabs and footings and where used as a topping. 5 to 6 inches for concrete in supported slabs, beams, columns and walls. 4. Maximum Water/Cement Ratio: 0.50. C Use accelerating admixtures in cold weather only when approved by Engineer. Use of admixtures will not relax cold weather placement requirements. D Use set retarding admixtures during hot weather only when approved by Engineer. E Add air entraining agent to normal weight concrete mix for work exposed to temperature lower than 40°F. Air content shall be 3 percent maximum for concrete with trowel finished surfaces and 3-5 percent for other concrete. 2.06 FORM MATERIAL A Smooth Forms: New plywood, metal, plastic, tempered concrete-form hardboard, p""�"`, dressed lumber faced with plywood or lining, or metal-framed plywood-faced panel �� material,to provide continuous,straight,smooth surfaces. Form material shall be free of raised grain,torn surfaces,worn edges,patches,dents or other defects. Furnish material in largest practical sizes to minimize number of joints and,when indicated on Drawings, conform to joint system indicated. Form material shall have sufficient strength and thickness to withstand pressure of newly placed concrete without bow or deflection. B Rough Forms: Plywood,metal,dressed or undressed lumber free ofknots,splits or other defects,or other material acceptable to the Engineer of sufficient strength and thickness to withstand pressure of newly placed concrete without bow or deflection. C Plywood: Conform to PS 1, Class 1. D Lumber: Conform to PS 20. E Edge Forms and Intermediate Screed Strips: Type and strength compatible with the screed equipment and methods used. F Plastic Forms: One-piece forms for domes, beams and pan joists. Single lengths for columns not exceeding height of 7'-6". For columns over 7-6",use 7'-6" sections and filler sections as needed. To facilitate removal of pan joist forms,taper sides 1 inch per foot. 04/2002 03300-5 CITY OF PEARLAND CAST-IN-PLACE CONCRETE G Metal Pan Joist Forms: Removable type; fabricated of minimum 14-gage steel; one piece between end closures. Adjustable forms not allowed. Taper sides 1 inch per foot to facilitate removal. H Earth Cuts for Forms: 1. Use earth cuts for forming unexposed sides of grade beams cast monolithically with slabs on grade. 2. Where sides of excavations are stable enough to prevent caving or sloughing, following surfaces may be cast against neat-cut excavations: a. Sides of footings. b. Inside face of perimeter grade beams not monolithic with slab on grade. When inside face is cast against earth,increase beam width indicated on Drawings by 1 inch. c. Both faces of interior grade beams not monolithic with slab on grade. When grade beam is cast against earth,increase beam width indicated on Drawings by 2 inches. Corrugated Fiberboard Carton Forms: 1. Corrugated fiberboard carton forms,when called for,are intended to form a void space beneath pile-supported and pier-supported slabs and other structural elements as shown. 2. Provide products of a reputable manufacturer regularly engaged in commercial production of double-faced corrugated fiberboard carton forms, constructed of waterproof paper and laminated with waterproof adhesive. 3. Fiberboard forms: Capable of supporting required dead load plus construction loads,and designed to lose their strength upon prolonged contact with moisture and soil bacteria. 4. Seal cuts and ends of each form section by dipping in waterproof wax, unless liners and flutes are completely impregnated with waterproofing. 5. Size forms as indicated on Drawings. Assemble as recommended by manufacturer,either with steel banding at 4'-0"maximum on centers,or,where liners and flutes are impregnated with waterproofing,with adequate stapling. J Circular Forms: 1. Form round-section members with paper or fiber tubes,constructed of laminated plies using water-resistant adhesive with wax-impregnated exterior for weather and moisture protection. Provide units with sufficient wall thickness to resist loads imposed by wet concrete without deformation. Provide manufacturer's seamless units to minimize spiral gaps and seams. 2. Fiberglass or steel forms may be used for round-section members. K Shores: Wood or adjustable metal, with bearing plates; with double wedges at lower end. ("b.' 04/2002 03300-6 CITY OF PEARLAND CAST-IN-PLACE CONCRETE L Form Ties: 1. Use commercially-manufactured ties, hangers and other accessories for embedding in concrete. Do not use wire not commercially fabricated for use as a form accessory. 2. Fabricate ties so ends or end fasteners can be removed without causing spalling of concrete faces. Depth from formed concrete face to the embedded portion: At least 1 inch, or twice the minimum dimension of tie, whichever is greater. 3. Provide waterstop feature for form ties used on liquid-containing structures and on concrete walls which will have earth backfill on one side. 4. Removable ties: Taper ties may be used when approved by the Engineer. In the hole left by the removal of the taper tie, insert a preformed neoprene or polyurethane plug sized to seat at the center of the wall. M Form Coating: Commercial formulation of form oil or form-release agent having proven satisfactory performance. Coating shall not bond with, stain or otherwise adversely affect concrete surfaces, or impair their subsequent treatment, including application of bonding agents,curing compounds,paint,protective liners and membrane waterproofing. N Coating for Plastic Forms: Alkali-resistant gel-coat. 0 Chamfer Strips: Unless otherwise indicated on Drawings, provide 3/4 inch chamfer strips in corners of forms to produce beveled edges where required by Part 3,Execution. P Form Gaskets: Polyethylene rod, closed cell, 1-inch diameter. 2.07 DESIGN OF FORMWORK A Conform to ACI 117,ACI 347 and building codes,unless more restrictive requirements are specified or shown on Drawings. Contractor shall design and engineer concrete formwork,including shoring and bracing. Design formwork for applicable gravity loads, lateral pressure,wind loads and allowable stresses. Camber formwork to compensate for anticipated deflection during placement of concrete required to maintain specified tolerances. Design formwork to be readily removed without impact,shock or damage to concrete surfaces and adjacent materials. B Slip Forming: Permitted on written approval of the Engineer. Contractor shall demonstrate suitability of method proposed. 2.08 REINFORCING MATERIAL A Reinforcing Bars: Deformed bars conforming to ASTM A615, grade as indicated on Drawings, except column spirals and those shown on Drawings to be smooth bars. Where grade is not shown on Drawings,use Grade 60. B Smooth Bars: Where indicated on Drawings, use smooth bars conforming to ASTM A36;ASTM A615,Grade 60; or ASTM A675, Grade 70. 04/2002 03300-7 CITY OF PEARLAND CAST-IN-PLACE CONCRETE Column Spirals: Bars conforming to ASTM A615, Grade 60, or wire conforming to ASTM A82. D Epoxy-Coated Deformed Bars, Column Spirals and Smooth Bars: Conform to ASTM A775/A775M. E Welded Wire Fabric: 1. Welded Smooth Wire Fabric: Conform to ASTM A185. 2. Welded Deformed Wire Fabric: Conform to ASTM A497. 3. Provide wire size, type and spacing as shown. Where type is not shown on Drawings, use welded smooth wire fabric. 4. Furnish welded wire fabric in flat sheets only. F Tie Wire: 16-1/2 gage or heavier annealed steel wire. Use plastic-coated tie wire with epoxy-coated reinforcing steel. G Bar Supports: Provide chairs. Use bar supports and accessories of sizes required to provide required concrete cover. Where concrete surfaces are exposed to weather,water or wastewater,provide plastic accessories only;do not use galvanized or plastic-tipped metal in such locations. Provide metal bar supports and accessories rated Class 1 or 2 conforming to CRSI MSP-1 Manual of Standard Practice. Use epoxy-coated bar supports with epoxy-coated reinforcing bars. H Slabs on Grade: Provide chairs with sheet metal bases or provide precast concrete bar supports 3 inches wide,6 inches long,and thick enough to allow required cover. Embed tie wires in 3-inch by 6-inch side. I Mechanical Bar Splices: 1. Conform to ACI 318;use where indicated on Drawings. a. Compression splices shall develop ultimate stress of reinforcing bar. b. Tension splices shall develop 125 percent of minimum yield point stress of reinforcing bar. 2. Regardless of chemical composition of steel,any heat effect shall not adversely affect performance of reinforcing bar. J Welded Splices: 1. Provide welded splices where shown and where approved by the Engineer. Welded splices of reinforcing steel shall develop a tensile strength exceeding 125 percent of the yield strength of the reinforcing bars connected. 2. Provide materials for welded splices conforming to AWS D1.4. K Epoxy Grout: High-strength rigid epoxy adhesive, conforming to ASTM C881,Type IV, manufactured for purpose of anchoring dowels into hardened concrete and the moisture condition, application temperature and orientation of the hole to be filled. Unless otherwise shown, depth of embedment shall be as required to develop the full tensile strength(125 percent of yield strength)of dowel,but not less than 12 diameters. 04%2002 03300-8 CITY OF PEARLAND CAST-IN-PLACE CONCRETE rib\ 2.09 FABRICATION OF REINFORCING A Bending:Fabricate bars to shapes indicated on Drawings by cold bending. Bends shall conform to minimum bend diameters specified in ACI 318. Do not straighten or rebend bars. Fabricate epoxy-coated reinforcing steel to required shapes in a manner that will not damage epoxy coating. Repair any epoxy coating with patching material conforming to Item 4.4 of ASTM A775/A775M. B Splices: 1. Locate splices as indicated on Drawings. Do not locate splices at other locations without approval of the Engineer. Use minimum number of splices located at points of minimum stress. Stagger splices in adjacent bars. 2. Length of lap splices:As shown on Drawings. 3. Prepare ends of bars at mechanical splices in accordance with splice manufacturer=s requirements. C Construction Joints:Unless otherwise shown,continue reinforcing through construction joints. D Bar Fabrication Tolerances: Conform to tolerances listed in ACI 315, Figures 4 and 5. E Standard Hooks: Conform to the requirements of ACI 318. ib\ Marking: Clearly mark bars with waterproof tags showing number of bars, size, mark, ( length and yield strength. Mark steel with same designation as member in which it occurs. 2.10 FINISHING MATERIALS A Sealer/Dustproofer(VOC Compliant): Water-based acrylic sealer;non-yellowing under ultraviolet light after 200-hour test in accordance with ASTM D4587. Conform to local, state and federal solvent emission requirements. B Epoxy Floor Topping: Two-component epoxy resin meeting ASTM C881 Type III, resistant to wear, staining and chemical attack,blended with granite, sand,trap rock or quartz aggregate,trowel-applied over concrete floor. Topping thickness, 1/8 inch;color, gray. C Abrasive Aggregate for Nonslip Finish: Fused aluminum oxide grit,or crushed emery aggregate containing not less than 40 percent aluminum oxide and not less than 25 percent ferric oxide. Material shall be factory graded, packaged, rustproof and nonglazing, and unaffected by freezing,moisture and cleaning materials. D Epoxy Penetrating Sealer: Low-viscosity, two-component epoxy system designed to give maximum penetration into concrete surfaces. Sealer shall completely seal concrete surfaces from penetration of water,oil and chemicals;prevent dusting and deterioration of concrete surfaces caused by heavy traffic;and be capable of adhering to floor surfaces 04%2002 03300-9 CITY OF PEARLAND CAST-IN-PLACE CONCRETE subject to hydrostatic pressure from below. Color,transparent amber or gray; surface, nonslip. E Latex Bonding Agent: Non-redispersable latex base liquid conforming to ASTM C 1059. When used in water and wastewater treatment structures,bonding agent shall be suitable for use under continuously submerged conditions. Conformance and suitability certification by manufacturer is required. F Bonding Grout: Prepare bonding grout by mixing approximately one part cement to one part fine sand meeting ASTM C144 but with 100 percent passing No. 30 mesh sieve. Mix with water to consistency of thick cream. At Contractor's option,a commercially- prepared bonding agent used in accordance with manufacturer's recommendations and instructions may be used. When used in water and wastewater treatment structures, bonding agent shall be suitable for use under continuously submerged conditions. Conformance and suitability certification by manufacturer is required. Submit manufacturer's technical information on proposed bonding agent. G Patching Mortar: 1. Make patching mortar of same materials and of approximately same proportions as concrete,except omit coarse aggregate. Substitute white Portland cement for part of gray Portland cement on exposed concrete in order to match color of surrounding concrete. Determine color by making trial patch. Use minimum amount of mixing water required for handling and placing. Mix patching mortar in advance and allow to stand. Mix frequently with trowel until it has reached (°�` stiffest consistency that will permit placing. Do not add water. \\ 2. Proprietary compounds for adhesion or specially formulated cementitious repair mortars may be used in lieu of or in addition to foregoing patching materials provided that properties of bond and compressive strength meet or exceed the foregoing and color of surrounding concrete can be matched where required. Use such compounds according to manufacturer's recommendations. When used in water and wastewater treatment structures, material shall be suitable for use under continuously submerged conditions. Conformance and suitability certification by manufacturer is required. H Epoxy Adhesive: Two-component, 100 percent solids, 100 percent reactive compound developing 100 percent of strength of concrete,suitable for use on dry or damp surfaces. Epoxy used to inject cracks and as a binder in epoxy mortar shall meet ASTM C881, Type VI. Epoxy used as a bonding agent for fresh concrete shall meet ASTM C881, Type V. Non-shrink Grout: See Section 03600- Structural Grout. J Spray-Applied Coating: Acceptable products are Thoro System Products "Thoroseal Plaster Mix"or approved equal. Color: Gray. K Concrete Topping: Class H concrete with 3/8-inch maximum coarse aggregate size,as specified in this Section. 04/2002 03300-10 CITY OF PEARLAND CAST-IN-PLACE CONCRETE L Concrete Fill: Class H concrete with 3/8-inch maximum coarse aggregate size,(Class C where fill thickness exceeds 3 inches throughout a placement), as specified in Section 03310 - Structural Concrete. M Evaporation Retardant: Confilm, manufactured by Master Builders; Eucobar, manufactured by Euclid Chemical Company; or equal. 2.11 CONCRETE CURING MATERIALS A Membrane-forming Curing Compound: Conform to ASTM C309, Type 1D, and following requirements. 1. Minimum solids content: 30 percent. 2. Compound shall not permanently discolor concrete. When used for liquid- containing structures, curing compound shall be white-pigmented. 3. When used in areas that are to be coated, or that will receive topping or floor covering,material shall not reduce bond of coating,topping,or floor covering to concrete. Curing compound manufacturer's technical information shall state conditions under which compound will not prevent bond. 4. Conform to local, state and federal solvent emission requirements. B Clear Curing and Sealing Compound(VOC Compliant): Conform to ASTM C309,Type 1, Class B, and the following requirements: 30 percent solids content minimum;non- yellowing under ultraviolet light after 500-hour test in accordance with ASTM D4587. Sodium silicate compounds are not permitted. Conform to local, state and federal solvent emission requirements. C Sheet Material for Curing Concrete: ASTM C171;waterproof paper,polyethylene film or white burlap-polyethylene sheeting. D Curing Mats(for use in Curing Method 2): Heavy shag rugs or carpets,or cotton mats quilted at 4 inches on center; 12 ounce per square yard minimum weight when dry. E Water for curing: Clean and potable. 3.0 EXECUTION 3.01 EXAMINATION A Verify requirements for concrete cover over reinforcement. B Verify that anchors, seats,plates,reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete. 3.02 PREPARATION A Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. 04/2002 03300-11 CITY OF PEARLAND CAST-IN-PLACE CONCRETE B In locations where new concrete is dowelled to existing work, drill holes in existing concrete, insert steel dowels and pack solid with non-shrink grout. 3.03 PREPARATION OF SURFACES FOR CONCRETING A Earth Surfaces: 1. Under interior slabs on grade, install vapor barrier. Lap joints at least 6 inches and seal watertight with tape,or sealant applied between overlapping edges and ends. repair vapor barrier damaged during placement of reinforcing and inserts with vapor barrier material; lap over damaged areas at least 6 inches and seal watertight. 2. Other Earth Surfaces: Thoroughly wet by sprinkling prior to placing concrete, and keep moist by frequent sprinkling up to time of placing concrete thereon. Remove standing water. Surfaces shall be free from standing water, mud and debris at the time of placing concrete. B Construction Joints: 1. Definition: Concrete surfaces upon or against which concrete is to be placed, where the placement of the concrete has been interrupted so that,in the judgment of the Engineer, new concrete cannot be incorporated integrally with that previously placed. 2. Interruptions: When placing of concrete is to be interrupted long enough for the concrete to take a set, use forms or other means to shape the working face to secure proper union with subsequent work. Make construction joints only where acceptable to the Engineer. 3. Preparation: Give horizontal joint surfaces a compacted,roughened surface for good bond. Except where the Drawings call for joint surfaces to be coated,clean joint surfaces of laitance, loose or defective concrete and foreign material by hydroblasting or sandblasting(exposing aggregate),roughen surface to expose aggregate to a depth of at least 1/4 inch and wash thoroughly. Remove standing water from the construction joint surface before new concrete is placed. 4. After surfaces have been prepared cover approximately horizontal construction joints with a 3-inch lift of a grout mix consisting of Class A concrete batched without coarse aggregate;place and spread grout uniformly. Place wall concrete on the grout mix immediately thereafter. C Set and secure reinforcement,anchor bolts,sleeves,inserts and similar embedded items in the forms where indicated on Contract Drawings, shop drawings and as otherwise required. Obtain the Engineer's acceptance before concrete is placed. Accuracy of placement is the sole responsibility of the Contractor. D Place no concrete until at least 4 hours after formwork, inserts, embedded items, reinforcement and surface preparation have been completed and accepted by the Engineer. Clean surfaces of forms and embedded items that have become encrusted with grout or previously-placed concrete before placing adjacent concrete. E Casting New Concrete Against Old: Where concrete is to be cast against old concrete (any concrete which is greater than 60 days of age),thoroughly clean and roughen the t 04/2002 03300-12 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 61111 surface of the old concrete by hydro-blasting or sandblasting(exposing aggregate). Coat joint surface with epoxy bonding agent following manufacturer's written instructions, unless indicated otherwise. Unless noted otherwise, this provision does not apply to vertical wall joints where waterstop is installed. F Protection from Water: Place no concrete in any structure until water entering the space to be filled with concrete has been properly cut off or diverted and carried out of the forms, clear of the work. Deposit no concrete underwater. Do not allow still water to rise on any concrete until concrete has attained its initial set. Do not allow water to flow over the surface of any concrete in a manner and at a velocity that will damage the surface finish of the concrete. Pumping,dewatering and other necessary operations for removing ground water, if required, are subject to the Engineer's review. G Corrosion Protection: Position and support pipe,conduit,dowels and other ferrous items to be embedded in concrete construction prior to placement of concrete so there is at least a 2 inch clearance between them and any part of the concrete reinforcement. Do not secure such items in position by wiring or welding them to the reinforcement. H Where practicable,provide for openings for pipes,inserts for pipe hangers and brackets, and setting of anchors during placing of concrete. Accurately set anchor bolts and maintain in position with templates while they are being embedded in concrete. (.1116 J Cleaning: Immediately before concrete is placed,thoroughly clean dirt, grease,grout, mortar,loose scale,rust and other foreign substances from surfaces of metalwork to be in contact with concrete. 3.04 FORMWORK INSTALLATION A Formwork Construction 1. Construct and maintain formwork so that it will maintain correct sizes of members, shape, alignment, elevation and position during concrete placement and until concrete has gained sufficient strength. Provide for required openings, offsets, sinkages,keyways,recesses,moldings, anchorages and inserts. 2. Construct forms for easy removal without damage to concrete surfaces. 3. Make formwork sufficiently tight to prevent leakage of cement paste during concrete placement. Solidly butt joints and provide backup material at joints as required to prevent leakage and fins. Provide gaskets for wall forms to prevent concrete paste leakage at their base. 4. Place chamfer strips in forms to bevel edges and corners permanently exposed to view,except top edges of walls,and slabs which are indicated on Drawings to be tooled. Do not bevel edges of formed joints and interior corners unless indicated on Drawings. Form beveled edges for vertical and horizontal corners of equipment bases. Unless otherwise indicated on Drawings,make bevels 3/4 inch wide. 5. Provide temporary openings at bases of column and wall forms and other points as required for observation and cleaning immediately before concrete is placed. 04/2002 03300-13 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 6. Where runways are required for moving equipment,support runways directly on the formwork or structural members. Do not allow runways or supports to rest on reinforcing steel. 7. Use smooth forms on formed concrete surfaces required to have smooth form finish or rubbed finish. 8. Rough forms may be used on formed concrete surfaces indicated to have rough form finish. B Forms for Surfaces Requiring Smooth Form Finish: 1. Drill forms to suit ties used and to prevent leakage of concrete mortar around tie holes. Uniformly space form ties and align in horizontal and vertical rows. Install taper ties, if used,with the large end on the wet face of the wall. 2. Provide sharp, clean corners at intersecting planes, without visible edges or offsets. Back up joints with extra studs or gifts to maintain true, square intersections. 3. Form molding shapes,recesses and projections with smooth-finish materials and install in forms with sealed joints to prevent displacement. 4. Form exposed corners of beams and columns to produce square, smooth, solid, unbroken lines. 5. Provide exterior exposed edges with 3/4-inch chamfer or 3/4-inch radius. 6. Arrange facing material in orderly and symmetrical fashion. Keep number of joints to practical minimum. Support facing material adequately to prevent deflection in excess of allowable tolerances. 7. For flush surfaces exposed to view in completed structure, overlap previously- rilb\ placed hardened concrete with form sheathing by approximately 1 inch. Hold forms against hardened concrete to maintain true surfaces,preventing offsets or loss of mortar. C Forms for Surfaces Requiring Rubbed Finish: Provide forms as specified in paragraph 3.O1B,Smooth Form Finish. Use smooth plywood linings or forms,in as large sheets as practicable, and with smooth, even edges and close joints. D Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain required elevations and contours in finished slab surface. Provide and secure supports for types of screeds required. E Circular Forms: Set forms in one piece for full height of member. F Surfaces to Receive Membrane Waterproofing: Coordinate surface finish, anchors, reglets and similar requirements with membrane waterproofmg applicator. G Fireproofing Steel Member: Construct forms to provide not less than the concrete thickness necessary, measured from face of steel member,to provide the required fire rating. Forms for concealed surfaces may be unlined. 04/2002 03300-14 CITY OF PEARLAND CAST-IN-PLACE CONCRETE H Tolerances: 1. Unless noted otherwise on Drawings, construct formwork so concrete surfaces will conform to tolerance limits listed in Tables 03100A and 03100B at end of this Section. 2. Establish sufficient control points and bench marks as references for tolerance checks. Maintain these references in undisturbed condition until final completion and acceptance of the Work. Adjustment of Formwork: 1. Use wedges or jacks to provide positive adjustment of shores and struts. After final inspection and before concrete placement, fasten in position wedges used for final adjustment of forms. 2. Brace forms securely against lateral deflections. Prepare to compensate for settling during concrete placement. 3. For wall openings, construct wood forms that facilitate necessary loosening to counteract swelling of forms. J Corrugated Fiberboard Carton Forms: 1. Place on smooth firm bed of suitable material to prevent vertical displacement; set tight to prevent horizontal displacement. Exercise care to avoid buckling of forms. Install in accordance with manufacturer's directions and recommendations. 2. Fit carton forms tightly around piles and piers;completely fill the space between subgrade and concrete placement with carton forms to form a void space. 3. Protect carton forms from moisture and maintain in a dry condition until concrete is placed on them. If they become wet before placement of concrete,allow them to dry and carefully inspect for strength before concrete is placed. 4. Before concrete placement, replace damaged or deteriorated forms which are incapable of supporting concrete dead load plus construction live loads. 3.05 PREPARATION OF FORM SURFACES A Clean surfaces of forms and embedded materials before placing concrete. Remove accumulated mortar, grout, rust and other foreign matter. B Coat forms for exposed or painted concrete surfaces with form oil or form-release agent before placing reinforcement. Cover form surfaces with coating material in accordance with manufacturer's printed instructions. Do not allow excess coating material to accumulate in forms or to contact hardened concrete against which fresh concrete will be placed.Remove coating material from reinforcement before placing concrete. C Forms for unexposed surfaces,other than retained-in-place metal forms,may be wet with water immediately before concrete placement in lieu of coating. When possibility of freezing temperatures exists,however,the use of coating is mandatory. 04/2002 03300-15 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 3.06 INSTALLATION OF REINFORCEMENT A Placement Tolerances: Place reinforcement within tolerances of Table 03210A at the end of this Section. Bend tie wire away from forms to maintain the specified concrete coverage. B Interferences: Maintain 2-inch clearance from embedded items. Where reinforcing interferes with location of other reinforcing steel,conduit or embedded items,bars may be moved within specified tolerances or one bar diameter,whichever is greater. Where greater movement of bars is required to avoid interference,notify the Engineer. Do not cut reinforcement to install inserts,conduit,mechanical openings or other items without approval of the Engineer. C Concrete Cover: Provide clear cover measured from reinforcement to face of concrete as listed in Table 03210B at the end of this Section, unless otherwise indicated on Drawings. D Placement in Forms: Use spacers,chairs,wire ties and other accessory items necessary to assemble, space and support reinforcing properly. Provide accessories of sufficient number,size and strength to prevent deflection or displacement of reinforcement due to construction loads or concrete placement. Use appropriate accessories to position and support bolts, anchors and other embedded items. Tie reinforcing bars at each intersection, and to accessories. Blocking reinforcement with concrete or masonry is prohibited. E Placement for Concrete on Ground: Support bar and wire reinforcement on chairs with sheet metal bases or precast concrete blocks spaced at approximately 3 feet on centers each way. Use minimum of one support for each 9 square feet. Tie supports to reinforcing bars and wires. F Vertical Reinforcement in Columns: Offset vertical bars by at least one bar diameter at splices. Provide accurate templates for column dowels to ensure proper placement. G Splices: 1. Do not splice bars, except at locations indicated on Drawings or reviewed shop drawings,without approval of the Engineer. 2. Lap Splices: Unless otherwise shown or noted,Class B,conforming to ACI 318- 89, Section 12.15.1. Tie securely with wire prior to concrete placement, to prevent displacement of splices during concrete placement. 3. Mechanical Bar Splices: Use only where indicated on Drawings or approved by the Engineer. Install in accordance with manufacturer's instructions. a. Couplers located at a joint face shall be of a type which can be set either flush or recessed from the face as shown. Seal couplers prior to concrete placement to completely eliminate concrete or cement paste from entering. b. Couplers intended for future connections: Recess 1/2 inch minimum from concrete surface. After concrete is placed, plug coupler and fill 04/2002 03300-16 CITY OF PEARLAND CAST-IN-PLACE CONCRETE recess with sealant to prevent contact with water or other corrosive materials. c. Unless noted otherwise,match mechanical coupler spacing and capacity to that shown for the adjacent reinforcing. H Construction Joints: Place reinforcing continuous through construction joints, unless noted otherwise. I Welded Wire Fabric: Install wire fabric in as long lengths as practicable. Unless otherwise indicated on Drawings, lap adjoining pieces at least 6 inches or one full mesh plus 2 inches, whichever is larger. Lace splices with wire. Do not make end laps midway between supporting beams, or directly over beams of continuous structures. Offset end laps in adjacent widths to prevent continuous laps. Conform to WRI - Manual of Standard Practice for Welded Wire Fabric. J Field Bending: Shape reinforcing bent during construction operations to conform to Drawings. Bars shall be cold-bent; do not heat bars. Closely inspect reinforcing for breaks. When reinforcing is damaged,replace,Cadweld,or otherwise repair,as directed by the Engineer. Do not bend reinforcement after it is embedded in concrete. K Epoxy-coated Reinforcing Steel: Install in accordance with Paragraph 3.02J, Field Bending, and in a manner that will not damage epoxy coating. Repair damaged epoxy coating with patching material as specified in Paragraph 2.02A, Bending. L Field Cutting: Cut reinforcing bars by shearing or sawing. Do not cut bars with cutting torch. M Welding of reinforcing bars is prohibited, except where shown on Drawings. 3.07 GROUTING OF REINFORCING AND DOWEL BARS A Use epoxy grout for anchoring reinforcing and dowel steel to existing concrete in accordance with epoxy manufacturer's instructions. Drill hole not more than 1/4 inch larger than steel bar diameter(including height of deformations for deformed bars) in existing concrete. Just before installation of steel, blow hole clean of all debris using compressed air. Partially fill hole with epoxy,using enough epoxy so when steel bar is inserted,epoxy grout will completely fill hole around bar. Dip end of steel bar in epoxy and twist bar while inserting into partially-filled hole. • 04%2002 03300-17 CITY OF PEARLAND CAST-IN-PLACE CONCRETE ` TABLE 03210A REINFORCEMENT PLACEMENT TOLERANCES PLACEMENT TOLERANCE IN INCHES Clear Distance- To formed soffit: -1/4 To other formed surfaces: ±1/4 Minimum spacing between bars -1/4 Clear distance from unformed surface to top reinforcement- Members 8 inches deep or less: ±1/4 Members more than 8 inches deep but less than 24 inches deep: -1/4, +1/2 Members 24 inches deep or greater: -1/4,+1 Uniform spacing of bars (but the required number of bars shall not shall not be reduced): ±2 Uniform spacing of stirrups and ties (but the required number of shall not be reduced): ±1 Longitudinal locations of bends and ends of reinforcement- General: 12 Discontinuous ends of members: _ 11/2 Length of bar laps: -1 1/2 Embedded length - For bar sizes No. 3 through 11: -1 For bar sizes No. 14 and 18: -2 TABLE 03210B MINIMUM CONCRETE COVER FOR REINFORCEMENT SURFACE MINIMUM COVER IN INCHES Slabs and Joists- Top and bottom bars for dry conditions— No. 14 and No. 18 bars: 1 1/2 No. 11 bars and smaller: 1 Formed concrete surfaces exposed to earth,water or weather, over,or contact with, sewage, and for bottoms bearing on work mat, or slabs cover- No. 5 bars and smaller: 1 1/2 No. 6 through No. 18 bars: 2 04%2002 03300-18 CITY OF PEARLAND CAST-IN-PLACE CONCRETE MINIMUM COVER SURFACE IN INCHES Beams and Columns- For dry conditions- Stirrups, spirals and ties: 1 1/2 Principal reinforcement: 2 Exposed to earth,water, sewage or weather Stirrups and ties: 2 Principal reinforcement: 2 1/2 Walls - For dry conditions- No. 11 bars and smaller: 1 No. 14 and No. 18 bars: 1 1/2 Formed concrete surfaces exposed to earth, water, sewage or weather, with ground - Circular tanks with ring tension: 2 All others: 2 Footings and Base Slabs- At formed surfaces and bottoms bearing on concrete work mat: 2 At unformed surfaces and bottoms in contact with earth: 3 Over top of piles: 2 Top of footings-- same as slabs 3.08 HANDLING,TRANSPORTING AND PLACING CONCRETE A Conform to applicable requirements of Chapter 8 of ACI 301 and this Section. Use no aluminum materials in conveying concrete. B Rejected Work: Remove concrete found to be defective or non-conforming in materials or workmanship. Replace rejected concrete with concrete meeting requirements of Contract Documents, at no additional cost to the Owner. C Unauthorized Placement: Place no concrete except in the presence of the Engineer. Notify the Engineer in writing at least 24 hours before placement of concrete. D Placement in Wall Forms: 1. Do not drop concrete through reinforcing steel. 2. Do not place concrete in any form so as to leave an accumulation of mortar on form surfaces above the concrete. 3. Pump concrete or use hoppers and,if necessary,vertical ducts of canvas,rubber or metal (other than aluminum) for placing concrete in forms so it reaches the place of final deposit without separation. Free fall of concrete shall not exceed 4 feet below the ends of pump hoses, ducts, chutes or buggies. Uniformly distribute concrete during depositing. 04/2002 03300-19 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 4. Do not displace concrete in forms more than 6 feet in horizontal direction from place where it was originally deposited. 5. Deposit in uniform horizontal layers not deeper than 2 feet; take care to avoid inclined layers or inclined construction joints except where required for sloping members. 6. Place each layer while the previous layer is still soft. 7. Provide sufficient illumination in form interior so concrete at places of deposit is visible from the deck or runway. E Conveyors and Chutes: Design and arrange ends of chutes, hopper gates and other points of concrete discharge in the conveying,hoisting and placing system so concrete passing from them will not fall separated into whatever receptacle immediately receives it. Conveyors, if used, shall be of a type acceptable to the Engineer. Do not use chutes longer than 50 feet. Slope chutes so concrete of specified consistency will readily flow. If a conveyor is used, it shall be wiped clean by a device operated in such a manner that none of the mortar adhering to the belt will be wasted. All conveyors and chutes shall be covered. F Placement of Slabs: In hot or windy weather, conducive to plastic shrinkage cracks, apply evaporation retardant to slab after screeding in accordance with manufacturer's instructions and recommendations. Do not use evaporation retardant to increase water content of the surface cement paste. Place concrete for sloping slabs uniformly from the bottom of the slab to the top, for the full width of the placement. As work progresses, Calk\ vibrate and carefully work concrete around slab reinforcement. Screed the slab surface in an up-slope direction. G When adverse weather conditions affect quality of concrete, postpone concrete placement. Do not mix concrete when the air temperature is at or below 40 degrees F and falling. Concrete may be mixed when temperature is 35 degrees F and rising. Take temperature readings in the shade, away from artificial heat. Protect concrete from temperatures below 32 degrees F until the concrete has cured for a minimum of 3 days at 70 degrees F or 5 days at 50 degrees F. When concrete temperature is 85 degrees F or above,do not exceed 60 minutes between introduction of cement to the aggregates and discharge. When the weather is such that the concrete temperature would exceed 90 degrees F, employ effective means, such as pre-cooling of aggregates and mixing water,using ice or placing at night,as necessary to maintain concrete temperature, as placed,below 90 degrees F. 3.09 PUMPING OF CONCRETE A If pumped concrete does not produce satisfactory results, in the judgment of the Engineer, discontinue pumping operations and proceed with the placing of concrete using conventional methods. B Pumping Equipment: Use a 2-cylinder pump designed to operate with only one cylinder if one is not functioning, or have a standby pump on site during pumping. 04/2002 03300-20 CITY OF PEARLAND CAST-IN-PLACE CONCRETE C The minimum hose (conduit)diameter: Comply with ACI 304.2R. D Replace pumping equipment and hoses(conduits)that do not function properly. E Do not use aluminum conduits for conveying concrete. F Field Control: Take samples for slump, air content and test cylinders at the placement (discharge) end of the line. 3.10 CONCRETE PLACEMENT SEQUENCE A Place concrete in a sequence acceptable to the Engineer. To minimize effects of shrinkage,place concrete in units bounded by construction joints shown. Place alternate units so each unit placed has cured at least 7 days for hydraulic structures,or 3 days for other structures, before contiguous unit or units are placed, except do not place corner sections of vertical walls until the 2 adjacent wall panels have cured at least 14 days for hydraulic structures and 7 days for other structures. B Level the concrete surface whenever a run of concrete is stopped. To ensure straight and level joints on the exposed surface of walls,tack a wood strip at least 3/4-inch thick to the forms on these surfaces. Carry concrete about 1/2 inch above the underside of the strip. About one hour after concrete is placed,remove the strip,level irregularities in the edge formed by the strip with a trowel and remove laitance. "�, 3.11 TAMPING AND VIBRATING t A Thoroughly settle and compact concrete throughout the entire depth of the layer being consolidated, into a dense, homogeneous mass; fill corners and angles, thoroughly embed reinforcement, eliminate rock pockets and bring only a slight excess of water to the exposed surface of concrete during placement. Use ACI 309R Group 3 immersion- type high-speed power vibrators(8,000 to 12,000 rpm) in sufficient number and with sufficient(at least one)standby units. Use Group 2 vibrators only when accepted by the Engineer for specific locations. Do not transport concrete by vibrating. B Use care in placing concrete around waterstops.Carefully work concrete by rodding and vibrating to make sure air and rock pockets have been eliminated. Where flat-strip type waterstops are placed horizontally,work concrete under waterstops by hand,making sure air and rock pockets have been eliminated. Give concrete surrounding the waterstops additional vibration beyond that used for adjacent concrete placement to assure complete embedment of waterstops in concrete. C Concrete in Walls: Internally vibrate, ram, stir, or work with suitable appliances, tamping bars,shovels or forked tools until concrete completely fills forms or excavations and closes snugly against all surfaces. Do not place subsequent layers of concrete until previously-placed layers have been so worked. Provide vibrators in sufficient numbers, with standby units as required, to accomplish the results specified within 15 minutes after concrete of specified consistency is placed in the forms. Keep vibrating heads from contact with form surfaces. Take care not to vibrate concrete excessively or to work it in any manner that causes segregation of its constituents. 04/2002 03300-21 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 3.12 PLACING MASS CONCRETE A Observe the following additional restrictions when placing mass concrete. 1. Use specified superplasticizer. 2. Maximum temperature of concrete when deposited: 70 degrees F. 3. Place in lifts approximately 18 inches thick. Extend vibrator heads into previously-placed layer. 3.13 CONCRETE FINISHING 3.14 FINISHING OF FORMED SURFACES A Unfinished Surfaces: Finish is not required on surfaces concealed from view in completed structure by earth, ceilings or similar cover, unless indicated otherwise on Drawings. B Rough Form Finish: 1. No form facing material is required on rough form finish surfaces. 2. Patch tie holes and defects. Chip off fins exceeding 1/4 inch in height. 3. Rough form finish may be used on concrete surfaces which will be concealed from view by earth in completed structure,except concealed surfaces required to have smooth form finish, as shown on Drawings. C Smooth Form Finish: 1. Form facing shall produce smooth, hard, uniform texture on concrete. Use �.. plywood linings or forms in as large sheets as practicable,and with smooth,even edges and close joints. 2. Patch tie holes and defects. Rub fins and joint marks with wooden blocks to leave smooth, unmarred finished surface. 3. Provide smooth form finish on the wet face of formed surfaces of water-holding structures, and of other formed surfaces not concealed from view by earth in completed structure,except where otherwise indicated on Drawings. Walls that will be exposed after future construction, at locations indicated on Drawings, shall have smooth form finish. Smooth form finish on exterior face of exterior walls shall extend below final top of ground elevation. Exterior face of all perimeter grade beams shall have smooth form finish for full depth of grade beam. D Rubbed Finish: 1. Use plywood linings or forms in as large sheets as practicable,and with smooth, even edges and close joints. 2. Remove forms as soon as practicable,repair defects,wet surfaces,and rub with No. 16 carborundum stone or similar abrasive. Continue rubbing sufficiently to bring surface paste, remove form marks and fins, and produce smooth, dense surface of uniform color and texture. Do not use cement paste other than that drawn from concrete itself. Spread paste uniformly over surface with brush. Allow paste to reset,then wash surface with clean water. 04%2002 03300-22 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 3. Use rubbed finish at locations indicated on Drawings,except where rubbed finish is indicated for a wall which will be containing a liquid, use spray-applied coating. E Spray-applied Coating: At Contractor's option, in lieu of rubbed finish, spray-applied coating may be applied after defects have been repaired and fins removed. Remove form oil, curing compound and other foreign matter that would prevent bonding of coating. Apply coating in uniform texture and color in accordance with coating manufacturer's instructions. F Related Unformed Surfaces: Tops of piers, walls, bent caps, and similar unformed surfaces occurring adjacent to formed surfaces shall be struck smooth after concrete is placed. Float unformed surfaces to texture reasonably consistent with that of formed surfaces. Continue final treatment on formed surfaces uniformly across unformed surfaces. 3.15 HOT WEATHER FINISHING A When hot weather conditions exist,as defined in 1.04.B.and as judged by the Engineer, apply evaporation retardant to the surfaces of slabs,topping and concrete fill placements immediately after each step in the finishing process has been completed. 3.16 FINISHING SLABS AND SIMILAR FLAT SURFACES TO CLASS A, B AND C TOLERANCES A Apply Class A,B and C finishes at locations indicated on Drawings. Class B or better finish shall be applied if not shown otherwise by the Drawings. B Shaping to Contour: Use strike-off templates or approved compacting-type screeds riding on screed strips or edge forms to bring concrete surface to proper contour. See Section 03100-Concrete Formwork for edge forms and screeds. C Consolidation and Leveling: Concrete to be consolidated shall be as stiff as practicable Thoroughly consolidate concrete in slabs and use internal vibration in beams and girders of framed slabs and along bulkheads of slabs on grade. Consolidate and level slabs and floors with vibrating bridge screeds,roller pipe screeds or other approved means. After consolidation and leveling, do not permit manipulation of surfaces prior to finishing operations. D Tolerances for Finished Surfaces: Check tolerances by placing straightedge of specified length anywhere on slab. Gap between slab and straightedge shall not exceed tolerance listed for specified class. Straightedge Tolerance Class Length in Feet in Inches A 10 1/8 B 10 1/4 C 2 1/4 04/2002 03300-23 CITY OF PEARLAND CAST-IN-PLACE CONCRETE E Raked Finish: After concrete has been placed, struck off, consolidated and leveled to Class C tolerance,roughen surface before final set.Roughen with stiff brushes or rakes to depth of approximately 1/4 inch. Notify the Engineer prior to placing concrete requiring initial raked surface finish so that acceptable raked finish standard may be established for project. Protect raked,base-slab finish from contamination until time of topping. Provide raked finish for following: 1. Surfaces to receive bonded concrete topping or fill. 2. Steep ramps, as noted on Drawings. 3. - Additional locations as noted on Drawings. F Float Finish: 1. After concrete has been placed,struck off,consolidated and leveled,do not work further until ready for floating. Begin floating when water sheen has disappeared,or when mix has stiffened sufficiently to permit proper operation of power-driven float. Consolidate surface with power-driven floats. Use hand floating with wood or cork-faced floats in locations inaccessible to power-driven machine and on small, isolated slabs. 2. After initial floating, re-check tolerance of surface with 10-foot straightedge applied at not less than two different angles. Cut down high spots and fill low spots to Class B tolerance. Immediately re-float slab to a uniform, smooth, granular texture. 3. Provide float finish at locations not otherwise specified and not otherwise indicated on Drawings. G Trowel Finish: 1. Apply float finish as previously specified. After power floating, use power trowel to produce smooth surface which is relatively free of defects but which may still contain some trowel marks. Do additional troweling by hand after surface has hardened sufficiently. Do final troweling when ringing sound is produced as trowel is moved over surface. Thoroughly consolidate surface by hand troweling operations. 2. Produce finished surface free of trowel marks,uniform in texture and appearance and conforming to Class A tolerance. On surfaces intended to support floor coverings,remove defects which might show through covering by grinding. 3. Provide trowel finish for floors which will receive floor covering and additional locations indicated on Drawings. 04%2002 03300-24 CITY OF PEARLAND CAST-IN-PLACE CONCRETE Broom or Belt Finish: 1. Apply float finish as previously specified. Immediately after completing floated finish,draw broom or burlap belt across surface to give coarse transverse scored texture. 2. Provide broom or belt finish at locations indicated on Drawings. 3.17 FINISHING SLABS AND SIMILAR FLAT SURFACES TO "F-NUMBER SYSTEM" FINISH A Shaping to Contour: Use strike-off templates or approved compacting-type screeds riding on screed strips or edge forms to bring concrete surface to proper contour. Edge forms and screeds: Conform to Section 03100 -Concrete Formwork. B Consolidation and Leveling: Concrete to be consolidated shall be as dry as practicable. Thoroughly consolidate concrete in slabs and use internal vibration in beams and girders of framed slabs and along bulkheads of slabs on grade. Consolidate and level slabs and floors with vibrating bridge screeds,roller pipe screeds or other approved means. After consolidation and leveling, do not manipulate surfaces prior to finishing operations. C Tolerances for Finished Surfaces: Independent testing laboratory will check floor flatness and levelness in accordance with Paragraph 3.12,Field Quality Control. D Float Finish: 1 1. After concrete has been placed,struck off,consolidated and leveled,do not work further until ready for floating. Begin floating when water sheen has disappeared,or when mix has stiffened sufficiently to permit proper operation of power-driven float. Consolidate surface with power-driven floats. Use hand floating with wood or cork-faced floats in locations inaccessible to power-driven machine and on small, isolated slabs. 2. Check tolerance of surface after initial floating with a 10-foot straightedge applied at not less than two different angles. Cut down high spots and fill low spots. Immediately refloat slab to uniform, smooth, granular texture to FF20/FL17 tolerance, unless shown otherwise on Drawings. 3. Provide "F-Number System"float finish at locations indicated on Drawings. E Trowel Finish: 1. Apply float finish as previously specified. After power floating, use power trowel to produce smooth surface which is relatively free of defects but which may still contain some trowel marks. Do additional trowelings by hand after surface has hardened sufficiently. Do final troweling when ringing sound is produced as trowel is moved over surface. Thoroughly consolidate surface by hand troweling operations. 2. Produce finished surface free of trowel marks,uniform in texture and appearance and conforming to an FF25/FL20 tolerance for slabs on grade and FF25/FL17 for elevated slabs, unless shown otherwise on Drawings. On surfaces intended to support floor coverings,remove defects,which might show through covering,by grinding. 04%2002 03300-25 CITY OF PEARLAND CAST-IN-PLACE CONCRETE (1111'`; 3. Provide "F-Number System"trowel finish at locations indicated on Drawings. 3.18 BONDED CONCRETE TOPPING AND FILL A Surface Preparation: 1. Protect raked, base-slab finish from contamination until time of topping. Mechanically remove oil, grease, asphalt, paint, clay stains or other contaminants, leaving clean surface. 2. Prior to placement of topping or fill,thoroughly dampen roughened slab surface and leave free of standing water. Immediately before topping or fill is placed, scrub coat of bonding grout into surface. Do not allow grout to set or dry before topping or fill is placed. B Concrete Fill: 1. Where concrete fill intersects a wall surface at an angle steeper than 45 degrees from vertical, provide a 1.5-inch deep keyway in the wall at the point of intersection; size keyway so that no portion of the concrete fill is less than 1.5 inches thick. Form keyway in new walls; create by saw cutting the top and bottom lines and chipping in existing walls. 2. Apply wood float finish to surfaces of concrete fill. 3. Provide concrete fill at locations shown on Drawings. C Bonded Concrete Topping in Bottom of Clarifiers and Thickeners: 1. Minimum thickness of concrete topping: 1 inch. Maximum thickness when swept in by clarifier and thickener equipment: 3 inches. 2. Compact topping and fill by rolling or tamping, bring to established grade,and float. Topping grout placed on sloping slabs shall proceed uniformly from the bottom of the slab to the top, for the full width of the placement. Coat surface with evaporation retardant as needed between finishing operations to prevent plastic shrinkage cracks. 3. Screed topping to true surface using installed equipment. Protect equipment from damage during sweeping-in process. Perform sweeping-in process under supervision of equipment manufacturer's factory representative. After topping has been screeded,apply wood float finish. During finishing,do not apply water, dry cement or mixture of dry cement and sand to the surface. 4. As soon as topping or fill finishing is completed, coat surface with curing compound. After the topping is set and sufficiently hard in clarifiers and where required by the Engineer, fill the tank with sufficient water to cover the entire floor for 14 days. 5. Provide bonded concrete topping in bottom of all clarifiers and thickeners. 3.19 EPDXY PENETRATING SEALER A Surfaces to receive epoxy penetrating sealer: Apply wood float fmish. Clean surface and apply sealer in compliance with manufacturer's instructions. 04%2002 03300-26 CITY OF PEARLAND CAST-IN-PLACE CONCRETE B Rooms with concrete curbs or bases: Continue application of floor coating on curb or base to its juncture with masonry wall. Rooms with solid concrete walls or wainscots: Apply minimum 2-inch-high coverage of floor coating on vertical surface. C Mask walls, doors, frames and similar surface to prevent floor coating contact. D When coving floor coating up vertical concrete walls, curbs, bases or wainscots, use masking tape or other suitable material to keep a neat level edge at top of cove. E Provide epoxy penetrating sealer at locations indicated on Drawings. 3.20 EPDXY FLOOR TOPPING A Surfaces to receive epoxy floor topping: Apply wood float finish unless recommended otherwise by epoxy floor topping manufacturer. Clean surface and apply epoxy floor topping in compliance with manufacturer's recommendations and instructions. Thickness of topping: 1/8 inch. B Rooms with concrete curbs or bases: Continue application of floor coating on curb or base to its juncture with masonry wall. Rooms with solid concrete walls or wainscots: apply 2-inch-high coverage of floor coating on vertical surface. C Mask walls, doors, frames and similar surfaces to prevent floor coating contact. D When coving floor coating up vertical concrete walls, curbs, bases or wainscots, use masking tape or other suitable material to keep a neat level edge at top of cove. E Finished surface shall be free of trowel marks and dimples. F Provide epoxy floor topping at locations indicated on Drawings. 3.21 SEALER/DUSTPROOFER A Where sealer or sealer/dustproofer is indicated on Drawings,just prior to completion of construction, apply coat of specified clear sealer/dustproofing compound to exposed interior concrete floors in accordance with manufacturer's instructions. 3.22 NONSLIP FINISH A Apply float finish as specified. Apply two-thirds of required abrasive aggregate by method that ensures even coverage without segregation and re-float. Apply remainder of abrasive aggregate at right angles to first application, using heavier application of aggregate in areas not sufficiently covered by first application. Re-float after second application of aggregate and complete operations with troweled finish. Perform finishing operations in a manner that will allow the abrasive aggregate to be exposed and not covered with cement paste. B Provide nonslip fmish at locations indicated on Drawings. `' 3.23 FIELD QUALITY CONTROL 04%2002 03300-27 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 1 A Field inspection and testing will be performed in accordance with ACI 301 and under \ provisions of Sections 01440 and 01450. B Provide free access to Work and cooperate with appointed firm. C Submit proposed mix design to inspection and testing firm for review prior to commencement of Work. D Tests of cement and aggregates may be performed to ensure conformance with specified requirements. E Three concrete test cylinders will be taken for every 50 cu yds or less of concrete. F One additional test cylinder will be taken during cold weather concreting,cured on job site under same conditions as concrete it represents. G One slump test will be taken for each set of test cylinders taken. H Provide the results of alkalinity tests of concrete used in sanitary structures. Provide one test for each structure. These tests shall be performed by an independent testing laboratory. Perform the test on the concrete covering reinforcing steel on the inside of the pipe or structure. Alkalinity tests are to be in accordance with Encyclopedia of Industrial Chemical Analysis,Vol. 15,Page 230,Interscience Publishers Division,John / Wiley and Sons. (1.1 t 3.24 PATCHING A Allow Engineer to inspect concrete surfaces immediately upon removal of forms. B Excessive honeycomb or embedded debris in concrete is not acceptable. Notify Engineer upon discovery. C Patch imperfections in accordance with ACI 301. 3.25 DEFECTIVE CONCRETE A Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements. B Repair or replacement of defective concrete will be determined by the Engineer. C Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Engineer for each individual area. 04/2002 03300-28 CITY OF PEARLAND CAST-IN-PLACE CONCRETE 3.26 CURING A Comply with ACI 308. Cure by preventing loss of moisture,rapid temperature change and mechanical injury for a period of 7 curing days when Type II or IP cement has been used and for 3 curing days when Type III cement has been used. Start curing as soon as free water has disappeared from the concrete surface after placing and finishing. A curing day is any calendar day in which the temperature is above 50 degrees F for at least 19 hours. Colder days may be counted if air temperature adjacent to concrete is maintained above 50 degrees F. In continued cold weather, when artificial heat is not provided, removal of forms and shoring may be permitted at the end of calendar days equal to twice the required number of curing days. However, leave soffit forms and shores in place until concrete has reached the specified 28-day strength,unless directed otherwise by the Engineer. B Cure formed surfaces not requiring rub-finished surface by leaving forms in place for the full curing period. Keep wood forms wet during the curing period. Add water as needed for other types of forms. Or,at Contractor's option,forms may be removed after 2 days and curing compound applied. C Rubbed Finish: 1. At formed surfaces requiring rubbed finish,remove forms as soon as practicable without damaging the surface. 2. After rub-finish operations are complete, continue curing formed surfaces by using either approved curing/sealing compounds or moist cotton mats until normal curing period is complete. D Unformed Surfaces: Cure by membrane curing compound method. 1. After concrete has received a final finish and surplus water sheen has disappeared,immediately seal surface with a uniform coating of approved curing compound,applied at the rate of coverage recommended by manufacturer or as directed by the Engineer. Do not apply less than 1 gallon per 180 square feet of area. Provide satisfactory means to properly control and check rate of application of the compound. 2. Thoroughly agitate the compound during use and apply by means of approved mechanical power pressure sprayers equipped with atomizing nozzles. For application on small miscellaneous items,hand-powered spray equipment may be used. Prevent loss of compound between nozzle and concrete surface during spraying operations. 3. Do not apply compound to a dry surface. If concrete surface has become dry, thoroughly moisten surface immediately prior to application. At locations where coating shows discontinuities, pinholes or other defects, or if rain falls on a newly coated surface before film has dried sufficiently to resist damage,apply an additional coat of compound at the specified rate of coverage. 04/2002 03300-29 is CITY OF PEARLAND CAST-IN-PLACE CONCRETE 3.27 CURING MASS CONCRETE A Observe the following additional restrictions when curing mass concrete. 1. Minimum curing period: 2 weeks. 2. When ambient air temperature falls below 32 degrees F, protect surface of concrete against freezing. 3. Do not use steam or other curing methods that will add heat to concrete. 4. Keep forms and exposed concrete continuously wet for at least the first 48 hours after placing, and whenever surrounding air temperature is above 90 degrees F during final curing period. 5. During 2-week curing period,provide necessary controls to prevent ambient air temperature immediately adjacent to concrete from falling more than 30 degrees F in 24 hours. 3.28 REMOVAL OF FORMS A Time Limits: 1. When repair of surface defects or finishing is required before concrete is aged, forms on vertical surfaces may be removed as soon as concrete has hardened sufficiently to resist damage from removal operations. 2. Remove top forms on sloping surfaces of concrete as soon as concrete has attained sufficient stiffness to prevent sagging. Loosen wood forms for wall openings as soon as this can be accomplished without damage to concrete. Leave formwork for water-retaining structures in place for at least 2 days. Formwork for non-water-retaining columns, walls, sides of beams and other formwork components not supporting weight of concrete may be removed after 12 hours, provided concrete has hardened sufficiently to resist damage from removal operations, and provided removal of forms will not disturb members supporting weight of concrete. 3. Forms and shoring supporting weight of concrete or construction loads: Leave in place until concrete has reached minimum strength specified for removal of forms and shoring. Do not remove such forms in less than 4 days. B Circular Paper or Spiral Tube Forms: Follow manufacturer's directions for form removal. Take necessary precautions to prevent damage to concrete surface. When removal is done before completion of curing time,replace form,tie in place and seal to retard escape of moisture. C Removal Strength: 1. Control Tests: Suitable strength-control tests will be required as evidence that concrete has attained specified strength for removal of formwork or shoring supporting weight of concrete in beams, slabs and other structural members. Furnish test cylinders and data to verify strength for early form removal. a. Field-cured Test Cylinders: When field-cured test cylinders reach specified removal strength, formwork or shoring may be removed from respective concrete placements. 04/2002 03300-30 CITY OF PEARLAND CAST-IN-PLACE CONCRETE b. Laboratory-cured Test Cylinders: When concrete has been cured as \` specified for structural concrete for same time period required q by laboratory-cured cylinders to reach specified strength, formwork or shoring may be removed from respective concrete placements. Determine length of time that concrete has been cured by totaling the days or fractions of days, not necessarily consecutive, during which air temperature surrounding concrete is above 50 degrees F and concrete has been damp or thoroughly sealed against evaporation and loss of moisture. 2. Compressive Strengths: The minimum concrete compressive strength for removal of formwork supporting weight of concrete is 75 percent of specified minimum 28-day strength for class of concrete involved. 3.29 RESHORING A When reshoring is permitted, plan operations in advance and obtain the Engineer's approval of such operations. While reshoring is under way, keep live load off new construction. Do not permit concrete in any beam, slab, column or other structural member to be subjected to combined dead and construction loads in excess of loads permitted for developed concrete strength at time of reshoring. B Place reshores as soon as practicable after form-stripping operations are complete but in no case later than end of day on which stripping occurs. Tighten reshores to carry required loads without over stressing construction. Leave reshores in place until tests representative of concrete being supported have reached specified strength at time of 4 ' removal of formwork supporting weight of concrete. C Floors supporting shores under newly-placed concrete: Leave original supporting shores in place, or re-shore. Locate reshores directly under shore position above. Extend reshoring over a sufficient number of stories to distribute weight of newly-placed concrete, forms and construction live loads in such manner that design superimposed loads of floors supporting shores are not exceeded. 3.30 FORM REUSE A Do not reuse forms that are worn or damaged beyond repair. Thoroughly clean and recoat forms before reuse. For wood and plywood forms to be used for exposed smooth finish,sand or otherwise dress concrete contact surface to original condition or provide form liner facing material. For metal forms,straighten,remove dents and clean to return forms to original condition. rub\ 04/2002 03300-31 CITY OF PEARLAND CAST-IN-PLACE CONCRETE TABLE 03100A TOLERANCES FOR FORMED SURFACES CONCRETE IN BUILDINGS** FOR ANY 20-FOOT MAXIMUM FOR ANY LENGTH FOR VARIATION 10-FOOT OR ANY ENTIRE FROM VARIATION IN LENGTH BAY DIMENSION PLUMB OR Lines and Surfaces of Columns, Piers, 1/4" --- 1" SPECIFIED Walls and Arrises BATTER Exposed Corner Columns, Control Joint --- 1/4" 1/2" Grooves, and Other Conspicuous Lines Slab Soffits, Ceilings,Beam Soffits,and 1/4" 3/8" 3/4" LEVEL OR Arrises (measured before removal of SPECIFIED shores), GRADE Exposed Lintels, Sills, Parapets, --- 1/4" 1/2" Horizontal Grooves and Other Conspicuous Lines DRAWING Position of Linear Building Lines, --- 1/2" 1„ DIMENSIONS Columns, Walls and Partitions Size and Location of Sleeves, Floor -- - - -- ±1/4" Openings and Wall Openings Cross Section of Columns,Beams,Slabs, --- --- +1/2", -1/4" and Walls Footings* in Plan -- - - -- +2", -1/2" Footing Misplacement or Eccentricity in --- - -- 2%of Width Direction of Error(the lesser of) or 2" Footing Thickness Decrease --- --- 5% Footing Thickness Increase --- - -- No Limit Step Rise in Flight of Stairs --- --- ±1/8" Step Tread in Flight of Stairs --- --- ±1/4" Consecutive Step Rise --- --- ±1/16" Consecutive Step Tread --- --- ±1/8" *Footing tolerances apply to concrete dimensions only,not to positioning of vertical reinforcing steel,dowels,or embedded items **Includes water and wastewater process structures 04/2002 03300-32 CITY OF PEARLAND CAST-IN-PLACE CONCRETE ' rih\' TABLE 03100E TOLERANCE FOR FORMED SURFACES CONCRETE IN BRIDGES, WHARVES AND MARINE STRUCTURES I VARIATION FROM VAR IATION IN I MAXIMUM PLUMB OR SPECIFIED Surfaces of columns, piers and walls 1/2" in 10' BATTER LEVEL OR Top surfaces of slabs See Section 03345 SPECIFIED GRADE Top surfaces of curbs and railings 3/16"in 10' DRAWING Cross section of columns, caps, walls, beams, and „ - „ DIMENSIONS similar members f1/2 , 1/4 Thickness of deck slabs ±1/4", -1/8" Size and location of slab and wall openings ±1/2" Footings in plan +2 -1/2" Footing misplacement or eccentricity in direction of error(the lesser of) 2%of width or 2" Footing thickness decrease 5% Footing thickness increase No limit Step rise in flight of stairs ±1/8" Step tread in flight of stairs ±1/4" Consecutive step rise ±1/16" Consecutive step tread ±1/8" 3.31 PROTECTION A Protect concrete against damage until final acceptance by the Owner. B Protect fresh concrete from damage due to rain, hail, sleet or snow. Provide such protection while the concrete is still plastic and whenever such precipitation is imminent or occurring. Cals 04/2002 03300-33 CITY OF PEARLAND CAST-IN-PLACE CONCRETE C Do not backfill around concrete structures or subject them to design loadings until all components of the structure needed to resist the loading are complete and have reached the specified 28-day compressive strength, except as authorized otherwise by the Engineer. END OF SECTION 04/2002 03300-34